Bill Text: IL HB4797 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Clinical Social Work and Social Work Practice Act. Provides that the Act does not prohibit a person, who is not a resident of the State, from performing social work via telehealth in the State for a non-resident of the State for not more than 5 days in any one month or more than 15 days in any one calendar year, had a previous established therapeutic relationship with the non-resident, and the person is authorized to perform such services under the laws of the state or country in which the person resides. Provides that the Act does not prohibit a person, who is not a resident of the State, from performing social work via telehealth in the State for a non-resident of the State currently attending an university or college in the State, had a previous established therapeutic relationship with the non-resident, and the person is authorized to perform such services under the laws of the state or country in which the person resides.

Spectrum: Moderate Partisan Bill (Democrat 26-5)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0785 [HB4797 Detail]

Download: Illinois-2021-HB4797-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 4 as follows:
(225 ILCS 20/4) (from Ch. 111, par. 6354)
(Section scheduled to be repealed on January 1, 2028)
Sec. 4. Exemptions.
1. This Act does not prohibit any of the following:
(a) Any persons legally regulated in this State under
any other Act from engaging in the practice for which they
are authorized, provided that they do not represent
themselves by any title as being engaged in the
independent practice of clinical social work or the
practice of social work as defined in this Act, nor does it
prohibit the practice of nonregulated professions whose
practitioners are engaged in the delivery of human
services, provided such practitioners do not represent
themselves as or use the title of clinical social worker
or social worker.
(b) The practice of clinical social work or social
work by a person who is employed by the United States
government or by the State of Illinois, unit of local

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government or any bureau, division or agency thereof while
in the discharge of the employee's official duties.
Clinical social workers employed by the State of Illinois
who are hired after the effective date of this amendatory
Act of 1994 shall hold a valid license, issued by this
State, to practice as a licensed clinical social worker,
except for those clinical social workers employed by the
State who obtain their positions through promotion.
(c) The practice of a student pursuing a course of
professional education under the terms of this Act, if
these activities and services constitute a part of such
student's supervised course of study.
(d) A person from practicing social work if the person
is obtaining experience for licensure as a clinical social
worker or social worker, provided the person is designated
by a title that clearly indicates training status.
(e) A person, who is not a resident of this State, from
performing social work via telehealth in this State for a
nonresident of this State for not more than 5 days in any
one month or more than 15 days in any one calendar year,
had a previous established therapeutic relationship with
the nonresident, and the person is authorized to perform
such services under the laws of the state or country in
which the person resides.
(f) A person, who is not a resident of this State, from
performing social work via telehealth in this State for a

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nonresident of this State currently attending a university
or college in this State, had a previous established
therapeutic relationship with the nonresident, and the
person is authorized to perform such services under the
laws of the state or country in which the person resides.
2. Nothing in this Act shall be construed to apply to any
person engaged in the bona fide practice of religious ministry
provided the person does not hold himself out to be engaged in
the independent practice of clinical social work or the
practice of social work.
3. This Act does not prohibit a person serving as a
volunteer so long as no representation prohibited by this
Section is made.
4. Nothing contained in this Act shall be construed to
require any hospital, clinic, home health agency, hospice, or
other entity which provides health care to employ or to
contract with a licensed clinical social worker to provide
clinical social work practice or the independent practice of
clinical social work as described in this Act.
(Source: P.A. 100-414, eff. 8-25-17.)