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| Public Act 103-1048
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| SB3779 Enrolled | LRB103 37643 RTM 67770 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. The Clinical Social Work and Social Work |
Practice Act is amended by changing Sections 3, 4, 6, 8.2, 10, |
10.5, 11, 12.5, 14, 17, 19, 20, 21, 28, 30, 31, and 32 and by |
adding Section 4.5 as follows:
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(225 ILCS 20/3) (from Ch. 111, par. 6353) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 3. Definitions. The following words and phrases shall |
have the meanings ascribed to them in this Section unless the |
context clearly indicates otherwise: |
1. "Department" means the Department of Financial and |
Professional Regulation. |
2. "Secretary" means the Secretary of Financial and |
Professional Regulation. |
3. "Board" means the Social Work Examining and |
Disciplinary Board. |
4. "Licensed Clinical Social Worker" means a person who |
holds a license authorizing the independent practice of |
clinical social work in Illinois under the auspices of an |
employer or in private practice or under the auspices of |
public human service agencies or private, nonprofit agencies |
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providing publicly sponsored human services. |
5. "Clinical social work practice" means the providing of |
mental health services for the evaluation, treatment, and |
prevention of mental and emotional disorders in individuals, |
families, and groups based on knowledge and theory of |
professionally accepted theoretical structures, including, but |
not limited to, psychosocial development, behavior, |
psychopathology, unconscious motivation, interpersonal |
relationships, and environmental stress. |
6. "Treatment procedures" means among other things, |
individual, marital, family, and group psychotherapy. |
7. "Independent practice of clinical social work" means |
the application of clinical social work knowledge and skills |
by a licensed clinical social worker who regulates and the |
licensed clinical social worker is responsible for the |
licensed clinical social worker's her or his own practice or |
treatment procedures. |
8. "License" means that which is required to practice |
clinical social work or social work under this Act, the |
qualifications for which include specific education, |
acceptable experience, and examination requirements. |
9. "Licensed social worker" means a person who holds a |
license authorizing the practice of social work, which |
includes social services to individuals, groups or communities |
in any one or more of the fields of social casework, social |
group work, community organization for social welfare, social |
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work research, social welfare administration, or social work |
education. Social casework and social group work may also |
include clinical social work, as long as it is not conducted in |
an independent practice, as defined in this Section. |
10. "Address of record" means the address recorded by the |
Department in the applicant's application file or the |
licensee's license file, as maintained by the Department's |
licensure maintenance unit. |
11. "Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file, as maintained |
by the Department's licensure maintenance unit. |
(Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.)
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(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 |
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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 |
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, |
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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 |
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 claim 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. 102-785, eff. 1-1-23.)
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(225 ILCS 20/4.5 new) |
Sec. 4.5. Opioid antagonists. |
(a) A licensed clinical social worker or licensed social |
worker may possess and administer opioid antagonists in the |
licensed clinical social worker's or licensed social worker's |
professional capacity. |
(b) If a person employs a licensed clinical social worker |
or licensed social worker and the licensed clinical social |
worker or licensed social worker possess an opioid antagonist |
in a professional capacity, then the employer must: |
(1) provide training in the administration of opioid |
antagonists; and |
(2) establish a policy to control the acquisition, |
storage, transportation, and administration of opioid |
antagonists.
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(225 ILCS 20/6) (from Ch. 111, par. 6356) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 6. Social Work Examining and Disciplinary Board. |
(1) The Secretary shall appoint a Social Work Examining |
and Disciplinary Board consisting of 9 persons who shall serve |
in an advisory capacity to the Secretary. The Board shall be |
composed of 6 licensed clinical social workers, one of whom |
shall be employed in a public human service agency, one of whom |
shall be a certified school social worker, one of whom shall be |
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employed in the private not-for-profit sector and one of whom |
shall serve as the chairperson, 2 licensed social workers, and |
one member of the public who is not regulated under this Act or |
a similar Act and who clearly represents consumer interests. |
(2) Members shall serve for a term of 4 years each, except |
that any person chosen to fill a vacancy shall be appointed |
only for the unexpired term of the Board member whom the person |
he or she shall succeed. Upon the expiration of this term of |
office, a Board member shall continue to serve until a |
successor is appointed and qualified. No member shall serve |
more than 2 consecutive 4-year terms. |
(3) The membership of the Board should represent racial |
and cultural diversity and reasonably reflect representation |
from different geographic areas of Illinois. |
(4) The Secretary may terminate the appointment of any |
member for cause. |
(5) The Secretary may consider the recommendation of the |
Board on all matters and questions relating to this Act, such |
as: (i) matters relating to continuing education, including |
the number of hours necessary for license renewal, waivers for |
those unable to meet such requirements, and acceptable course |
content and (ii) rules for administration of this Act. |
(6) (Blank). |
(7) (Blank). |
(8) The Board shall annually elect one of its members as |
chairperson and one as vice chairperson. |
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(9) Members of the Board shall be reimbursed for all |
legitimate, necessary, and authorized expenses. |
(10) A majority of the Board members currently appointed |
shall constitute a quorum. A vacancy in the membership of the |
Board shall not impair the right of a quorum to perform all of |
the duties of the Board. |
(11) Members of the Board shall have no liability in an |
action based upon a disciplinary proceeding or other activity |
performed in good faith as a member of the Board. |
(Source: P.A. 100-414, eff. 8-25-17.)
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(225 ILCS 20/8.2) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 8.2. Examination alternative. |
(a) An applicant who, on or after January 1, 2019 the |
effective date of this amendatory Act of the 103rd General |
Assembly or within 5 years before the effective date of this |
amendatory Act of the 103rd General Assembly, has taken but |
has not successfully completed an examination to ascertain the |
qualifications and fitness of candidates for a license to |
engage in the independent practice of clinical social work may |
use an examination alternative to allow the Department to |
ascertain the qualifications and fitness of candidates for a |
license to engage in the independent practice of clinical |
social work. |
(b) The examination alternative shall consist of at least |
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3,000 hours of supervised professional experience that is |
obtained within the 10 calendar years immediately preceding |
the date of application and after the degree is obtained and |
between the time period starting 10 years before the date of |
application and ending 3 years after the date of application |
as established by rule. If no supervision by a licensed |
clinical social worker is available, then supervised |
professional experience may include supervision by other |
appropriate disciplines as defined by rule. |
(c) The examination alternative supervised professional |
experience shall be in addition to any other supervised |
clinical professional experience required for licensure. |
(d) Beginning January 1, 2026, an applicant acquiring the |
examination alternative supervised professional experience |
must be a licensed social worker or licensed in this State for |
the practice of school social work prior to acquiring the |
supervised professional experience. |
(Source: P.A. 103-433, eff. 1-1-24.)
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(225 ILCS 20/10) (from Ch. 111, par. 6360) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 10. License restrictions and limitations. |
(a) No person shall, without a currently valid license as |
a social worker issued by the Department: (i) in any manner |
claim to be hold himself or herself out to the public as a |
social worker under this Act; (ii) use the title "social |
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worker" or "licensed social worker"; or (iii) offer to render |
social work services if the words "social work" or "licensed |
social worker" are used to describe the person offering to |
render or rendering the services or to describe the services |
rendered or offered to be rendered. |
(b) No person shall, without a currently valid license as |
a clinical social worker issued by the Department: (i) in any |
manner claim to be hold himself or herself out to the public as |
a clinical social worker or licensed clinical social worker |
under this Act; (ii) use the title "clinical social worker" or |
"licensed clinical social worker"; or (iii) offer to render |
clinical social work services if the words "licensed clinical |
social worker" or "clinical social work" are used to describe |
the person to render or rendering the services or to describe |
the services rendered or offered to be rendered. |
(c) Licensed social workers may not engage in independent |
practice of clinical social work without a clinical social |
worker license. In independent practice, a licensed social |
worker shall practice at all times under the order, control, |
and full professional responsibility of a licensed clinical |
social worker, a licensed clinical psychologist, a licensed |
clinical professional counselor, a licensed marriage and |
family therapist, or a psychiatrist, as defined in Section |
1-121 of the Mental Health and Developmental Disabilities |
Code. |
(d) No business organization shall provide, attempt to |
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provide, or offer to provide social work or clinical social |
work services unless every member, shareholder, partner, |
director, officer, holder of any other ownership interest, and |
employee who renders social work or clinical social work |
services holds a currently valid license issued under this |
Act. No business shall be created that (1) has a stated purpose |
that includes social work or clinical social work, or (2) |
provides, attempts to provide, or offers to provide social |
work or clinical social work services unless it is organized |
under the Professional Service Corporation Act, the Medical |
Corporation Act, or the Professional Limited Liability Company |
Act. |
(e) Nothing in this Act shall preclude individuals |
licensed under this Act from practicing directly or indirectly |
for a physician licensed to practice medicine in all its |
branches under the Medical Practice Act of 1987 or for any |
legal entity as provided under subsection (c) of Section 22.2 |
of the Medical Practice Act of 1987. |
(f) Nothing in this Act shall preclude individuals |
licensed under this Act from practicing directly or indirectly |
for any hospital licensed under the Hospital Licensing Act or |
any hospital affiliate as defined in Section 10.8 of the |
Hospital Licensing Act and any hospital authorized under the |
University of Illinois Hospital Act. |
(Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.)
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(225 ILCS 20/10.5) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 10.5. Unlicensed practice; violation; civil penalty. |
(a) Any person who practices, offers to practice, attempts |
to practice, or claims holds himself or herself out to |
practice as a clinical social worker or social worker without |
being licensed or exempt under this Act shall, in addition to |
any other penalty provided by law, pay a civil penalty to the |
Department in an amount not to exceed $10,000 for each |
offense, as determined by the Department. The civil penalty |
shall be assessed by the Department after a hearing is held in |
accordance with the provisions set forth in this Act regarding |
the provision of a hearing for the discipline of a licensee. |
(b) The Department may investigate any actual, alleged, or |
suspected unlicensed activity. |
(c) The civil penalty shall be paid within 60 days after |
the effective date of the order imposing the civil penalty. |
The order shall constitute a judgment and may be filed and |
execution had thereon in the same manner as any judgment from |
any court of record. |
(Source: P.A. 95-687, eff. 10-23-07.)
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(225 ILCS 20/11) (from Ch. 111, par. 6361) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 11. Licenses; renewal; restoration; person in |
military service; inactive status. |
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(a) The expiration date and renewal period for each |
license issued under this Act shall be set by rule. The |
licensee may renew a license during the 60-day period |
preceding its expiration date by paying the required fee and |
by demonstrating compliance with any continuing education |
requirements. The Department shall adopt rules establishing |
minimum requirements of continuing education and means for |
verification of the completion of the continuing education |
requirements. The Department may, by rule, specify |
circumstances under which the continuing education |
requirements may be waived. |
(b) Any person who has permitted a license to expire or who |
has a license on inactive status may have it restored by |
submitting an application to the Department and filing proof |
of fitness, as defined by rule, to have the license restored, |
including, if appropriate, evidence which is satisfactory to |
the Department certifying the active practice of clinical |
social work or social work in another jurisdiction and by |
paying the required fee. |
(b-5) If the person has not maintained an active practice |
in another jurisdiction which is satisfactory to the |
Department, the Department shall determine the person's |
fitness to resume active status. The Department may also |
require the person to complete a specific period of evaluated |
clinical social work or social work experience and may require |
successful completion of an examination for clinical social |
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workers. |
(b-7) Notwithstanding any other provision of this Act, any |
person whose license expired while on active duty with the |
armed forces of the United States, while called into service |
or training with the State Militia or in training or education |
under the supervision of the United States government prior to |
induction into the military service may have the person's his |
or her license restored without paying any renewal fees if, |
within 2 years after the honorable termination of that |
service, training or education, except under conditions other |
than honorable, the Department is furnished with satisfactory |
evidence that the person has been so engaged and that the |
service, training or education has been so terminated. |
(c) A license to practice shall not be denied any |
applicant because of the applicant's race, religion, creed, |
national origin, political beliefs or activities, age, sex, |
sexual orientation, or physical impairment. |
(d) (Blank). |
(e) (Blank). |
(f) (Blank). |
(g) The Department shall indicate on each license the |
academic degree of the licensee. |
(h) Notwithstanding any other provision of law, the |
following requirements for restoration of an inactive or |
expired license of 5 years or less as set forth in subsections |
(b) and (b-5) are suspended for any licensed clinical social |
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worker who has had no disciplinary action taken against the |
licensed clinical social worker's his or her license in this |
State or in any other jurisdiction during the entire period of |
licensure: proof of fitness, certification of active practice |
in another jurisdiction, and the payment of a fee or renewal |
fee. An individual may not restore the individual's his or her |
license in accordance with this subsection more than once. |
(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)
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(225 ILCS 20/12.5) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 12.5. Endorsement. The Department may issue a license |
as a clinical social worker or as a social worker, without the |
required examination, to an applicant licensed under the laws |
of another jurisdiction if the requirements for licensure in |
that jurisdiction are, on the date of licensure, substantially |
equivalent to the requirements of this Act or to any person |
who, at the time of the person's his or her licensure, |
possessed individual qualifications that were substantially |
equivalent to the requirements then in force in this State. An |
applicant under this Section shall pay the required fees. |
An individual applying for licensure as a clinical social |
worker who has been licensed at the independent level in |
another United States jurisdiction for 5 consecutive years |
without discipline is not required to submit proof of |
completion of the education and supervised clinical |
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professional experience required in paragraph (3) of Section |
9. Individuals with 5 consecutive years of experience must |
submit certified verification of licensure from the |
jurisdiction in which the applicant practiced and must comply |
with all other licensing requirements and pay all required |
fees. |
If the accuracy of any submitted documentation or the |
relevance or sufficiency of the course work or experience is |
questioned by the Department or the Board because of a lack of |
information, discrepancies or conflicts in information given, |
or a need for clarification, the applicant seeking licensure |
may be required to provide additional information. |
An applicant has 3 years from the date of application to |
complete the application process. If the process has not been |
completed within 3 years, the application shall be denied, the |
fee shall be forfeited, and the applicant must reapply and |
meet the requirements in effect at the time of reapplication. |
(Source: P.A. 102-1053, eff. 6-10-22.)
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(225 ILCS 20/14) (from Ch. 111, par. 6364) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 14. Checks or order to Department dishonored because |
of insufficient funds. Any person who delivers a check or |
other payment to the Department that is returned to the |
Department unpaid by the financial institution upon which it |
is drawn shall pay to the Department, in addition to the amount |
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already owed to the Department, a fine of $50. The fines |
imposed by this Section are in addition to any other |
discipline provided under this Act for unlicensed practice or |
practice on a nonrenewed license. The Department shall notify |
the person that payment of fees and fines shall be paid to the |
Department by certified check or money order within 30 |
calendar days of the notification. If, after the expiration of |
30 days from the date of the notification, the person has |
failed to submit the necessary remittance, the Department |
shall automatically terminate the license or deny the |
application, without hearing. If, after termination or denial, |
the person seeks a license, then the person he or she shall |
apply to the Department for restoration or issuance of the |
license and pay all fees and fines due to the Department. The |
Department may establish a fee for the processing of an |
application for restoration of a license to pay all expenses |
of processing this application. The Secretary may waive the |
fines due under this Section in individual cases where the |
Secretary finds that the fines would be unreasonable or |
unnecessarily burdensome. |
(Source: P.A. 100-414, eff. 8-25-17.)
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(225 ILCS 20/17) (from Ch. 111, par. 6367) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 17. Advertising. |
(A) Persons licensed under this Act may advertise the |
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availability of their professional services as permitted by |
law, provided that such advertising is true and not |
misleading. Representing that social work services or clinical |
social work services are used or made available by individuals |
who are not licensed under the provisions of this Act is deemed |
to be false and misleading and is subject to the provisions of |
Section 35 of this Act. |
(B) A licensee shall include in every advertisement for |
services regulated under this Act the licensee's his or her |
title as it appears on the license or the initials authorized |
under this Act. |
(Source: P.A. 91-310, eff. 1-1-00.)
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(225 ILCS 20/19) (from Ch. 111, par. 6369) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 19. Grounds for disciplinary action. |
(1) The Department may refuse to issue or renew a license, |
or may suspend, revoke, place on probation, reprimand, or take |
any other disciplinary or non-disciplinary action deemed |
appropriate by the Department, including the imposition of |
fines not to exceed $10,000 for each violation, with regard to |
any license issued under the provisions of this Act for any one |
or a combination of the following grounds: |
(a) material misstatements in furnishing information |
to the Department or to any other State agency or in |
furnishing information to any insurance company with |
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respect to a claim on behalf of a licensee or a patient; |
(b) violations or negligent or intentional disregard |
of this Act, or any of the rules promulgated hereunder; |
(c) conviction of or entry of a plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or sentencing, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States that is |
(i) a felony or (ii) a misdemeanor, an essential element |
of which is dishonesty, or that is directly related to the |
practice of the clinical social work or social work |
professions; |
(d) fraud or misrepresentation in applying for or |
procuring a license under this Act or in connection with |
applying for renewal or restoration of a license under |
this Act; |
(e) professional incompetence; |
(f) gross negligence in practice under this Act; |
(g) aiding or assisting another person in violating |
any provision of this Act or its rules; |
(h) failing to provide information within 60 days in |
response to a written request made by the Department; |
(i) engaging in dishonorable, unethical or |
unprofessional conduct of a character likely to deceive, |
defraud or harm the public as defined by the rules of the |
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Department, or violating the rules of professional conduct |
adopted by the Department; |
(j) habitual or excessive use or abuse of drugs |
defined in law as controlled substances, of alcohol, or of |
any other substances that results in the inability to |
practice with reasonable judgment, skill, or safety; |
(k) adverse action taken by another state or |
jurisdiction, if at least one of the grounds for the |
discipline is the same or substantially equivalent to |
those set forth in this Section; |
(l) directly or indirectly giving to or receiving from |
any person, firm, corporation, partnership, or association |
any fee, commission, rebate or other form of compensation |
for any professional service not actually rendered. |
Nothing in this paragraph (l) affects any bona fide |
independent contractor or employment arrangements among |
health care professionals, health facilities, health care |
providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements may include |
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
within the scope of the licensee's practice under this |
Act. Nothing in this paragraph (l) shall be construed to |
require an employment arrangement to receive professional |
fees for services rendered; |
(m) a finding by the Department that the licensee, |
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after having the license placed on probationary status, |
has violated the terms of probation or failed to comply |
with such terms; |
(n) abandonment, without cause, of a client; |
(o) willfully making or filing false records or |
reports relating to a licensee's practice, including, but |
not limited to, false records filed with Federal or State |
agencies or departments; |
(p) willfully failing to report an instance of |
suspected child abuse or neglect as required by the Abused |
and Neglected Child Reporting Act; |
(q) being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
under the Abused and Neglected Child Reporting Act, and |
upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act; |
(r) physical illness, mental illness, or any other |
impairment or disability, including, but not limited to, |
deterioration through the aging process, or loss of motor |
skills that results in the inability to practice the |
profession with reasonable judgment, skill or safety; |
(s) solicitation of professional services by using |
false or misleading advertising; |
(t) violation of the Health Care Worker Self-Referral |
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Act; |
(u) willfully failing to report an instance of |
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act; or |
(v) being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective |
Services Act, and upon proof by clear and convincing |
evidence that the licensee abused, neglected, or |
financially exploited an eligible adult as defined in the |
Adult Protective Services Act. |
(2) (Blank). |
(3) The determination by a court that a licensee is |
subject to involuntary admission or judicial admission as |
provided in the Mental Health and Developmental Disabilities |
Code, will result in an automatic suspension of the licensee's |
his license. Such suspension will end upon a finding by a court |
that the licensee is no longer subject to involuntary |
admission or judicial admission and issues an order so finding |
and discharging the patient, and upon the recommendation of |
the Board to the Secretary that the licensee be allowed to |
resume professional practice. |
(4) The Department shall refuse to issue or renew or may |
suspend the license of a person who (i) fails to file a return, |
pay the tax, penalty, or interest shown in a filed return, or |
pay any final assessment of tax, penalty, or interest, as |
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required by any tax Act administered by the Department of |
Revenue, until the requirements of the tax Act are satisfied |
or (ii) has failed to pay any court-ordered child support as |
determined by a court order or by referral from the Department |
of Healthcare and Family Services. |
(4.5) The Department shall not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against a license or permit issued under this Act based |
solely upon the licensed clinical social worker authorizing, |
recommending, aiding, assisting, referring for, or otherwise |
participating in any health care service, so long as the care |
was not unlawful under the laws of this State, regardless of |
whether the patient was a resident of this State or another |
state. |
(4.10) The Department shall not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a licensed clinical social worker based upon the |
licensed clinical social worker's license being revoked or |
suspended, or the licensed clinical social worker being |
otherwise disciplined by any other state, if that revocation, |
suspension, or other form of discipline was based solely on |
the licensed clinical social worker violating another state's |
laws prohibiting the provision of, authorization of, |
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recommendation of, aiding or assisting in, referring for, or |
participation in any health care service if that health care |
service as provided would not have been unlawful under the |
laws of this State and is consistent with the standards of |
conduct for a licensed clinical social worker practicing in |
Illinois. |
(4.15) The conduct specified in subsections (4.5) and |
(4.10) shall not constitute grounds for suspension under |
Section 32. |
(4.20) An applicant seeking licensure, certification, or |
authorization pursuant to this Act who has been subject to |
disciplinary action by a duly authorized professional |
disciplinary agency of another jurisdiction solely on the |
basis of having authorized, recommended, aided, assisted, |
referred for, or otherwise participated in health care shall |
not be denied such licensure, certification, or authorization, |
unless the Department determines that such action would have |
constituted professional misconduct in this State; however, |
nothing in this Section shall be construed as prohibiting the |
Department from evaluating the conduct of such applicant and |
making a determination regarding the licensure, certification, |
or authorization to practice a profession under this Act. |
(5)(a) In enforcing this Section, the Department or Board, |
upon a showing of a possible violation, may compel a person |
licensed to practice under this Act, or who has applied for |
licensure under this Act, to submit to a mental or physical |
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examination, or both, which may include a substance abuse or |
sexual offender evaluation, as required by and at the expense |
of the Department. |
(b) The Department shall specifically designate the |
examining physician licensed to practice medicine in all of |
its branches or, if applicable, the multidisciplinary team |
involved in providing the mental or physical examination or |
both. The multidisciplinary team shall be led by a physician |
licensed to practice medicine in all of its branches and may |
consist of one or more or a combination of physicians licensed |
to practice medicine in all of its branches, licensed clinical |
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to |
submit to an examination pursuant to this Section to submit to |
any additional supplemental testing deemed necessary to |
complete any examination or evaluation process, including, but |
not limited to, blood testing, urinalysis, psychological |
testing, or neuropsychological testing. |
(c) The Board or the Department may order the examining |
physician or any member of the multidisciplinary team to |
present testimony concerning this mental or physical |
examination of the licensee or applicant. No information, |
report, record, or other documents in any way related to the |
examination shall be excluded by reason of any common law or |
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statutory privilege relating to communications between the |
licensee or applicant and the examining physician or any |
member of the multidisciplinary team. No authorization is |
necessary from the licensee or applicant ordered to undergo an |
examination for the examining physician or any member of the |
multidisciplinary team to provide information, reports, |
records, or other documents or to provide any testimony |
regarding the examination and evaluation. |
(d) The person to be examined may have, at the person's his |
or her own expense, another physician of the person's his or |
her choice present during all aspects of the examination. |
However, that physician shall be present only to observe and |
may not interfere in any way with the examination. |
(e) Failure of any person to submit to a mental or physical |
examination without reasonable cause, when ordered, shall |
result in an automatic suspension of the person's his or her |
license until the person submits to the examination. |
(f) If the Department or Board finds a person unable to |
practice because of the reasons set forth in this Section, the |
Department or Board may require that person to submit to care, |
counseling, or treatment by physicians approved or designated |
by the Department or Board, as a condition, term, or |
restriction for continued, reinstated, or renewed licensure to |
practice; or, in lieu of care, counseling or treatment, the |
Department may file, or the Board may recommend to the |
Department to file, a complaint to immediately suspend, |
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revoke, or otherwise discipline the license of the person. Any |
person whose license was granted, continued, reinstated, |
renewed, disciplined or supervised subject to such terms, |
conditions or restrictions, and who fails to comply with such |
terms, conditions, or restrictions, shall be referred to the |
Secretary for a determination as to whether the person's |
license shall be person shall have his or her license |
suspended immediately, pending a hearing by the Department. |
(g) All fines imposed shall be paid within 60 days after |
the effective date of the order imposing the fine or in |
accordance with the terms set forth in the order imposing the |
fine. |
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
person's license must be convened by the Department within 30 |
days after the suspension and completed without appreciable |
delay. The Department and Board shall have the authority to |
review the subject person's record of treatment and counseling |
regarding the impairment, to the extent permitted by |
applicable federal statutes and regulations safeguarding the |
confidentiality of medical records. |
A person licensed under this Act and affected under this |
Section shall be afforded an opportunity to demonstrate to the |
Department or Board that the person he or she can resume |
practice in compliance with acceptable and prevailing |
standards under the provisions of the person's his or her |
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license. |
(h) The Department may adopt rules to implement the |
changes made by this amendatory Act of the 102nd General |
Assembly. |
(Source: P.A. 102-1117, eff. 1-13-23.)
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(225 ILCS 20/20) (from Ch. 111, par. 6370) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 20. Violations - Injunction - Cease and desist order. |
1. If any person violates the provisions of this Act, the |
Secretary may, in the name of the People of the State of |
Illinois, through the Attorney General, petition for an order |
enjoining such violation or for an order enforcing compliance |
with this Act. Upon the filing of a verified petition, the |
court with appropriate jurisdiction may issue a temporary |
restraining order without notice or bond, and may |
preliminarily and permanently enjoin such violation. If it is |
established that such person has violated or is violating the |
injunction, the court may punish the offender for contempt of |
court. Proceedings under this Section shall be in addition to |
all other remedies and penalties provided by this Act. |
2. If any person claims to be shall hold herself or himself |
out as a licensed clinical social worker or licensed social |
worker and is not licensed under this Act, then any licensed |
clinical social worker, licensed social worker, interested |
party or any person injured thereby may petition for relief as |
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provided in subsection (1) of this Section. |
3. Whenever, in the opinion of the Department, a person |
violates any provision of this Act, the Department may issue a |
rule to show cause why an order to cease and desist should not |
be entered against such person. The rule shall clearly set |
forth the grounds relied upon by the Department and shall |
allow at least 7 days from the date of the rule to file an |
answer satisfactory to the Department. Failure to answer to |
the satisfaction of the Department shall cause an order to |
cease and desist to be issued. |
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/21) (from Ch. 111, par. 6371) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 21. Investigations; notice and hearing. |
(a) The Department may investigate the actions of any |
applicant or of any person holding or claiming to hold a |
license under this Act. |
(b) The Department shall, before disciplining an applicant |
or licensee, at least 30 days prior to the date set for the |
hearing: (i) notify, in writing, the accused of the charges |
made and the time and place for the hearing on the charges, |
(ii) direct the applicant or licensee him or her to file a |
written answer to the charges under oath within 20 days after |
the service of the notice, and (iii) inform the applicant or |
licensee that failure to file an answer will result in a |
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default being entered against the applicant or licensee. |
(c) Written or electronic notice of the hearing , and any |
notice in a the subsequent proceeding, may be served by |
personal delivery, by email to the applicant's or licensee's |
email address of record, or by mail to the applicant's or |
licensee's address of record. applicant or licensee at his or |
her address of record or email address of record. |
(d) At the time and place fixed in the notice, the Board or |
hearing officer appointed by the Secretary shall proceed to |
hear the charges and the parties or their counsel shall be |
accorded ample opportunity to present any statements, |
testimony, evidence and argument as may be pertinent to the |
charges or to their defense. The Board or hearing officer may |
continue the hearing from time to time. |
(e) In case the person, after receiving the notice, fails |
to file an answer, the person's his or her license may, in the |
discretion of the Secretary, having first received the |
recommendation of the Board, be suspended, revoked, or placed |
on probationary status, or be subject to whatever disciplinary |
action the Secretary considers proper, including limiting the |
scope, nature, or extent of the person's practice or the |
imposition of a fine, without hearing, if the act or acts |
charged constitute sufficient grounds for that action under |
this Act. |
(Source: P.A. 100-414, eff. 8-25-17.)
|
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(225 ILCS 20/28) (from Ch. 111, par. 6378) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 28. Appointment of a hearing officer. Notwithstanding |
any other provision of this Act, the Secretary has the |
authority to appoint any attorney duly licensed to practice |
law in the State of Illinois to serve as the hearing officer in |
any action for refusal to issue or renew a license or to |
discipline a licensee. The hearing officer shall have full |
authority to conduct the hearing. The hearing officer shall |
report his or her findings of fact, conclusions of law, |
and |
recommendations to the Board and to the Secretary. |
(Source: P.A. 100-414, eff. 8-25-17.)
|
(225 ILCS 20/30) (from Ch. 111, par. 6380) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 30. Restoration. At any time after the successful |
completion of a term of probation, suspension, or revocation |
of any license, the Department may restore the license to the |
licensee upon the written recommendation of the Board unless |
after an investigation and hearing the Board or Department |
determines that restoration is not in the public interest. |
Where circumstances of suspension or revocation so indicate, |
the Department may require an examination of the licensee |
prior to restoring the licensee's his or her license. No |
person whose license has been revoked as authorized in this |
Act may apply for restoration of that license or permit until |
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such time as provided for in the Civil Administrative Code of |
Illinois. |
(Source: P.A. 100-414, eff. 8-25-17.)
|
(225 ILCS 20/31) (from Ch. 111, par. 6381) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 31. Surrender of license. Upon the revocation or |
suspension of any license, the licensee shall immediately |
surrender the licensee's his or her license to the Department. |
If the licensee fails to do so, the Department shall have the |
right to seize the license. |
(Source: P.A. 100-414, eff. 8-25-17.)
|
(225 ILCS 20/32) (from Ch. 111, par. 6382) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 32. Summary suspension of a license. The Secretary |
may summarily suspend the license of a licensed clinical |
social worker or licensed social worker without a hearing |
simultaneously with the institution of proceedings for a |
hearing provided for in this Act if the Secretary finds that |
evidence in the Secretary's his or her possession indicates |
that a licensee's continuation in practice would constitute an |
imminent danger to the public. In the event the Secretary |
summarily suspends such license without a hearing, a hearing |
by the Board or Department shall be held within 30 calendar |
days after the suspension has occurred. |
