Illinois-2023-SB3779-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3779

Introduced 2/9/2024, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

`225 ILCS 20/3`	`from Ch. 111, par. 6353`
`225 ILCS 20/4`	`from Ch. 111, par. 6354`
`225 ILCS 20/4.5 new`
`225 ILCS 20/6`	`from Ch. 111, par. 6356`
`225 ILCS 20/8.2`
`225 ILCS 20/10`	`from Ch. 111, par. 6360`
`225 ILCS 20/10.5`
`225 ILCS 20/11`	`from Ch. 111, par. 6361`
`225 ILCS 20/12.5`
`225 ILCS 20/14`	`from Ch. 111, par. 6364`
`225 ILCS 20/17`	`from Ch. 111, par. 6367`
`225 ILCS 20/19`	`from Ch. 111, par. 6369`
`225 ILCS 20/20`	`from Ch. 111, par. 6370`
`225 ILCS 20/21`	`from Ch. 111, par. 6371`
`225 ILCS 20/28`	`from Ch. 111, par. 6378`
`225 ILCS 20/30`	`from Ch. 111, par. 6380`
`225 ILCS 20/31`	`from Ch. 111, par. 6381`
`225 ILCS 20/32`	`from Ch. 111, par. 6382`
`745 ILCS 49/70`

Amends the Clinical Social Work and Social Work Practice Act and the Good Samaritan Act. Provides that a licensed clinical social worker or licensed social worker may possess and administer opioid antagonists. Makes conforming changes. Provides that 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 person must provide training in the administration of opioid antagonists and establish a policy to control the acquisition, storage, transportation, and administration of opioid antagonists. Makes other changes.

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A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. The Clinical Social Work and Social Work

5 Practice Act is amended by changing Sections 3, 4, 6, 8.2, 10,

6 10.5, 11, 12.5, 14, 17, 19, 20, 21, 28, 30, 31, and 32 and by

7 adding Section 4.5 as follows:

8 (225 ILCS 20/3) (from Ch. 111, par. 6353)

9 (Section scheduled to be repealed on January 1, 2028)

10 Sec. 3. Definitions. The following words and phrases shall

11 have the meanings ascribed to them in this Section unless the

12 context clearly indicates otherwise:

13 1. "Department" means the Department of Financial and

14 Professional Regulation.

15 2. "Secretary" means the Secretary of Financial and

16 Professional Regulation.

17 3. "Board" means the Social Work Examining and

18 Disciplinary Board.

19 4. "Licensed Clinical Social Worker" means a person who

20 holds a license authorizing the independent practice of

21 clinical social work in Illinois under the auspices of an

22 employer or in private practice or under the auspices of

23 public human service agencies or private, nonprofit agencies

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1 providing publicly sponsored human services.

2 5. "Clinical social work practice" means the providing of

3 mental health services for the evaluation, treatment, and

4 prevention of mental and emotional disorders in individuals,

5 families, and groups based on knowledge and theory of

6 professionally accepted theoretical structures, including, but

7 not limited to, psychosocial development, behavior,

8 psychopathology, unconscious motivation, interpersonal

9 relationships, and environmental stress.

10 6. "Treatment procedures" means among other things,

11 individual, marital, family, and group psychotherapy.

12 7. "Independent practice of clinical social work" means

13 the application of clinical social work knowledge and skills

14 by a licensed clinical social worker who regulates and the

15 licensed clinical social worker is responsible for the

16 licensed clinical social worker's ~~her or his~~ own practice or

17 treatment procedures.

18 8. "License" means that which is required to practice

19 clinical social work or social work under this Act, the

20 qualifications for which include specific education,

21 acceptable experience, and examination requirements.

22 9. "Licensed social worker" means a person who holds a

23 license authorizing the practice of social work, which

24 includes social services to individuals, groups or communities

25 in any one or more of the fields of social casework, social

26 group work, community organization for social welfare, social

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1 work research, social welfare administration, or social work

2 education. Social casework and social group work may also

3 include clinical social work, as long as it is not conducted in

4 an independent practice, as defined in this Section.

5 10. "Address of record" means the address recorded by the

6 Department in the applicant's application file or the

7 licensee's license file, as maintained by the Department's

8 licensure maintenance unit.

9 11. "Email address of record" means the designated email

10 address recorded by the Department in the applicant's

11 application file or the licensee's license file, as maintained

12 by the Department's licensure maintenance unit.

13 (Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.)

14 (225 ILCS 20/4) (from Ch. 111, par. 6354)

15 (Section scheduled to be repealed on January 1, 2028)

16 Sec. 4. Exemptions.

17 1. This Act does not prohibit any of the following:

18 (a) Any persons legally regulated in this State under

19 any other Act from engaging in the practice for which they

20 are authorized, provided that they do not represent

21 themselves by any title as being engaged in the

22 independent practice of clinical social work or the

23 practice of social work as defined in this Act, nor does it

24 prohibit the practice of nonregulated professions whose

25 practitioners are engaged in the delivery of human

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1 services, provided such practitioners do not represent

2 themselves as or use the title of clinical social worker

3 or social worker.

4 (b) The practice of clinical social work or social

5 work by a person who is employed by the United States

6 government or by the State of Illinois, unit of local

7 government or any bureau, division or agency thereof while

8 in the discharge of the employee's official duties.

9 Clinical social workers employed by the State of Illinois

10 who are hired after the effective date of this amendatory

11 Act of 1994 shall hold a valid license, issued by this

12 State, to practice as a licensed clinical social worker,

13 except for those clinical social workers employed by the

14 State who obtain their positions through promotion.

15 (c) The practice of a student pursuing a course of

16 professional education under the terms of this Act, if

17 these activities and services constitute a part of such

18 student's supervised course of study.

19 (d) A person from practicing social work if the person

20 is obtaining experience for licensure as a clinical social

21 worker or social worker, provided the person is designated

22 by a title that clearly indicates training status.

23 (e) A person, who is not a resident of this State, from

24 performing social work via telehealth in this State for a

25 nonresident of this State for not more than 5 days in any

26 one month or more than 15 days in any one calendar year,

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1 had a previous established therapeutic relationship with

2 the nonresident, and the person is authorized to perform

3 such services under the laws of the state or country in

4 which the person resides.

5 (f) A person, who is not a resident of this State, from

6 performing social work via telehealth in this State for a

7 nonresident of this State currently attending a university

8 or college in this State, had a previous established

9 therapeutic relationship with the nonresident, and the

10 person is authorized to perform such services under the

11 laws of the state or country in which the person resides.

12 2. Nothing in this Act shall be construed to apply to any

13 person engaged in the bona fide practice of religious ministry

14 provided the person does not claim ~~hold himself out~~ to be

15 engaged in the independent practice of clinical social work or

16 the practice of social work.

17 3. This Act does not prohibit a person serving as a

18 volunteer so long as no representation prohibited by this

19 Section is made.

20 4. Nothing contained in this Act shall be construed to

21 require any hospital, clinic, home health agency, hospice, or

22 other entity which provides health care to employ or to

23 contract with a licensed clinical social worker to provide

24 clinical social work practice or the independent practice of

25 clinical social work as described in this Act.

26 (Source: P.A. 102-785, eff. 1-1-23.)

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1 (225 ILCS 20/4.5 new)

2 Sec. 4.5. Opioid antagonists.

3 (a) A licensed clinical social worker or licensed social

4 worker may possess and administer opioid antagonists in the

5 licensed clinical social worker's or licensed social worker's

6 professional capacity.

7 (b) If a person employs a licensed clinical social worker

8 or licensed social worker and the licensed clinical social

9 worker or licensed social worker possess an opioid antagonist

10 in a professional capacity, then the employer must:

11 (1) provide training in the administration of opioid

12 antagonists; and

13 (2) establish a policy to control the acquisition,

14 storage, transportation, and administration of opioid

15 antagonists.

16 (225 ILCS 20/6) (from Ch. 111, par. 6356)

17 (Section scheduled to be repealed on January 1, 2028)

18 Sec. 6. Social Work Examining and Disciplinary Board.

19 (1) The Secretary shall appoint a Social Work Examining

20 and Disciplinary Board consisting of 9 persons who shall serve

21 in an advisory capacity to the Secretary. The Board shall be

22 composed of 6 licensed clinical social workers, one of whom

23 shall be employed in a public human service agency, one of whom

24 shall be a certified school social worker, one of whom shall be

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1 employed in the private not-for-profit sector and one of whom

2 shall serve as the chairperson, 2 licensed social workers, and

3 one member of the public who is not regulated under this Act or

4 a similar Act and who clearly represents consumer interests.

5 (2) Members shall serve for a term of 4 years each, except

6 that any person chosen to fill a vacancy shall be appointed

7 only for the unexpired term of the Board member whom the person

8 ~~he or she~~ shall succeed. Upon the expiration of this term of

9 office, a Board member shall continue to serve until a

10 successor is appointed and qualified. No member shall serve

11 more than 2 consecutive 4-year terms.

12 (3) The membership of the Board should represent racial

13 and cultural diversity and reasonably reflect representation

14 from different geographic areas of Illinois.

15 (4) The Secretary may terminate the appointment of any

16 member for cause.

17 (5) The Secretary may consider the recommendation of the

18 Board on all matters and questions relating to this Act, such

19 as: (i) matters relating to continuing education, including

20 the number of hours necessary for license renewal, waivers for

21 those unable to meet such requirements, and acceptable course

22 content and (ii) rules for administration of this Act.

23 (6) (Blank).

24 (7) (Blank).

25 (8) The Board shall annually elect one of its members as

26 chairperson and one as vice chairperson.

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1 (9) Members of the Board shall be reimbursed for all

2 legitimate, necessary, and authorized expenses.

3 (10) A majority of the Board members currently appointed

4 shall constitute a quorum. A vacancy in the membership of the

5 Board shall not impair the right of a quorum to perform all of

6 the duties of the Board.

7 (11) Members of the Board shall have no liability in an

8 action based upon a disciplinary proceeding or other activity

9 performed in good faith as a member of the Board.

10 (Source: P.A. 100-414, eff. 8-25-17.)

11 (225 ILCS 20/8.2)

12 (Section scheduled to be repealed on January 1, 2028)

13 Sec. 8.2. Examination alternative.

14 (a) An applicant who, on or after January 1, 2019 ~~the~~

15 ~~effective date of this amendatory Act of the 103rd General~~

16 ~~Assembly or within 5 years before the effective date of this~~

17 ~~amendatory Act of the 103rd General Assembly~~, has taken but

18 has not successfully completed an examination to ascertain the

19 qualifications and fitness of candidates for a license to

20 engage in the independent practice of clinical social work may

21 use an examination alternative to allow the Department to

22 ascertain the qualifications and fitness of candidates for a

23 license to engage in the independent practice of clinical

24 social work.

25 (b) The examination alternative shall consist of at least

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1 3,000 hours of supervised professional experience that is

2 obtained ~~within the 10 calendar years immediately preceding~~

3 ~~the date of application and~~ after the degree is obtained and

4 between the time period starting 10 years before the date of

5 application and ending 3 years after the date of application

6 as established by rule. If no supervision by a licensed

7 clinical social worker is available, then supervised

8 professional experience may include supervision by other

9 appropriate disciplines as defined by rule.

10 (c) The examination alternative supervised professional

11 experience shall be in addition to any other supervised

12 clinical professional experience required for licensure.

13 (d) Beginning January 1, 2026, an applicant acquiring the

14 examination alternative supervised professional experience

15 must be a licensed social worker or licensed in this State for

16 the practice of school social work prior to acquiring the

17 supervised professional experience.

18 (Source: P.A. 103-433, eff. 1-1-24.)

19 (225 ILCS 20/10) (from Ch. 111, par. 6360)

20 (Section scheduled to be repealed on January 1, 2028)

21 Sec. 10. License restrictions and limitations.

22 (a) No person shall, without a currently valid license as

23 a social worker issued by the Department: (i) in any manner

24 claim to be ~~hold himself or herself out~~ to the public as a

25 social worker under this Act; (ii) use the title "social

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1 worker" or "licensed social worker"; or (iii) offer to render

2 social work services if the words "social work" or "licensed

3 social worker" are used to describe the person offering to

4 render or rendering the services or to describe the services

5 rendered or offered to be rendered.

6 (b) No person shall, without a currently valid license as

7 a clinical social worker issued by the Department: (i) in any

8 manner claim to be ~~hold himself or herself out~~ to the public as

9 a clinical social worker or licensed clinical social worker

10 under this Act; (ii) use the title "clinical social worker" or

11 "licensed clinical social worker"; or (iii) offer to render

12 clinical social work services if the words "licensed clinical

13 social worker" or "clinical social work" are used to describe

14 the person to render or rendering the services or to describe

15 the services rendered or offered to be rendered.

16 (c) Licensed social workers may not engage in independent

17 practice of clinical social work without a clinical social

18 worker license. In independent practice, a licensed social

19 worker shall practice at all times under the order, control,

20 and full professional responsibility of a licensed clinical

21 social worker, a licensed clinical psychologist, a licensed

22 clinical professional counselor, a licensed marriage and

23 family therapist, or a psychiatrist, as defined in Section

24 1-121 of the Mental Health and Developmental Disabilities

25 Code.

26 (d) No business organization shall provide, attempt to

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1 provide, or offer to provide social work or clinical social

2 work services unless every member, shareholder, partner,

3 director, officer, holder of any other ownership interest, and

4 employee who renders social work or clinical social work

5 services holds a currently valid license issued under this

6 Act. No business shall be created that (1) has a stated purpose

7 that includes social work or clinical social work, or (2)

8 provides, attempts to provide, or offers to provide social

9 work or clinical social work services unless it is organized

10 under the Professional Service Corporation Act, the Medical

11 Corporation Act, or the Professional Limited Liability Company

12 Act.

13 (e) Nothing in this Act shall preclude individuals

14 licensed under this Act from practicing directly or indirectly

15 for a physician licensed to practice medicine in all its

16 branches under the Medical Practice Act of 1987 or for any

17 legal entity as provided under subsection (c) of Section 22.2

18 of the Medical Practice Act of 1987.

19 (f) Nothing in this Act shall preclude individuals

20 licensed under this Act from practicing directly or indirectly

21 for any hospital licensed under the Hospital Licensing Act or

22 any hospital affiliate as defined in Section 10.8 of the

23 Hospital Licensing Act and any hospital authorized under the

24 University of Illinois Hospital Act.

25 (Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.)

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1 (225 ILCS 20/10.5)

2 (Section scheduled to be repealed on January 1, 2028)

3 Sec. 10.5. Unlicensed practice; violation; civil penalty.

4 (a) Any person who practices, offers to practice, attempts

5 to practice, or claims ~~holds himself or herself out~~ to

6 practice as a clinical social worker or social worker without

7 being licensed or exempt under this Act shall, in addition to

8 any other penalty provided by law, pay a civil penalty to the

9 Department in an amount not to exceed $10,000 for each

10 offense, as determined by the Department. The civil penalty

11 shall be assessed by the Department after a hearing is held in

12 accordance with the provisions set forth in this Act regarding

13 the provision of a hearing for the discipline of a licensee.

14 (b) The Department may investigate any actual, alleged, or

15 suspected unlicensed activity.

16 (c) The civil penalty shall be paid within 60 days after

17 the effective date of the order imposing the civil penalty.

18 The order shall constitute a judgment and may be filed and

19 execution had thereon in the same manner as any judgment from

20 any court of record.

21 (Source: P.A. 95-687, eff. 10-23-07.)

22 (225 ILCS 20/11) (from Ch. 111, par. 6361)

23 (Section scheduled to be repealed on January 1, 2028)

24 Sec. 11. Licenses; renewal; restoration; person in

25 military service; inactive status.

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1 (a) The expiration date and renewal period for each

2 license issued under this Act shall be set by rule. The

3 licensee may renew a license during the 60-day period

4 preceding its expiration date by paying the required fee and

5 by demonstrating compliance with any continuing education

6 requirements. The Department shall adopt rules establishing

7 minimum requirements of continuing education and means for

8 verification of the completion of the continuing education

9 requirements. The Department may, by rule, specify

10 circumstances under which the continuing education

11 requirements may be waived.

12 (b) Any person who has permitted a license to expire or who

13 has a license on inactive status may have it restored by

14 submitting an application to the Department and filing proof

15 of fitness, as defined by rule, to have the license restored,

16 including, if appropriate, evidence which is satisfactory to

17 the Department certifying the active practice of clinical

18 social work or social work in another jurisdiction and by

19 paying the required fee.

20 (b-5) If the person has not maintained an active practice

21 in another jurisdiction which is satisfactory to the

22 Department, the Department shall determine the person's

23 fitness to resume active status. The Department may also

24 require the person to complete a specific period of evaluated

25 clinical social work or social work experience and may require

26 successful completion of an examination for clinical social

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1 workers.

2 (b-7) Notwithstanding any other provision of this Act, any

3 person whose license expired while on active duty with the

4 armed forces of the United States, while called into service

5 or training with the State Militia or in training or education

6 under the supervision of the United States government prior to

7 induction into the military service may have the person's ~~his~~

8 ~~or her~~ license restored without paying any renewal fees if,

9 within 2 years after the honorable termination of that

10 service, training or education, except under conditions other

11 than honorable, the Department is furnished with satisfactory

12 evidence that the person has been so engaged and that the

13 service, training or education has been so terminated.

14 (c) A license to practice shall not be denied any

15 applicant because of the applicant's race, religion, creed,

16 national origin, political beliefs or activities, age, sex,

17 sexual orientation, or physical impairment.

18 (d) (Blank).

19 (e) (Blank).

20 (f) (Blank).

21 (g) The Department shall indicate on each license the

22 academic degree of the licensee.

23 (h) Notwithstanding any other provision of law, the

24 following requirements for restoration of an inactive or

25 expired license of 5 years or less as set forth in subsections

26 (b) and (b-5) are suspended for any licensed clinical social

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1 worker who has had no disciplinary action taken against the

2 licensed clinical social worker's ~~his or her~~ license in this

3 State or in any other jurisdiction during the entire period of

4 licensure: proof of fitness, certification of active practice

5 in another jurisdiction, and the payment of a fee or renewal

6 fee. An individual may not restore the individual's ~~his or her~~

7 license in accordance with this subsection more than once.

8 (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)

9 (225 ILCS 20/12.5)

10 (Section scheduled to be repealed on January 1, 2028)

11 Sec. 12.5. Endorsement. The Department may issue a license

12 as a clinical social worker or as a social worker, without the

13 required examination, to an applicant licensed under the laws

14 of another jurisdiction if the requirements for licensure in

15 that jurisdiction are, on the date of licensure, substantially

16 equivalent to the requirements of this Act or to any person

17 who, at the time of the person's ~~his or her~~ licensure,

18 possessed individual qualifications that were substantially

19 equivalent to the requirements then in force in this State. An

20 applicant under this Section shall pay the required fees.

21 An individual applying for licensure as a clinical social

22 worker who has been licensed at the independent level in

23 another United States jurisdiction for 5 consecutive years

24 without discipline is not required to submit proof of

25 completion of the education and supervised clinical

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1 professional experience required in paragraph (3) of Section

2 9. Individuals with 5 consecutive years of experience must

3 submit certified verification of licensure from the

4 jurisdiction in which the applicant practiced and must comply

5 with all other licensing requirements and pay all required

6 fees.

7 If the accuracy of any submitted documentation or the

8 relevance or sufficiency of the course work or experience is

9 questioned by the Department or the Board because of a lack of

10 information, discrepancies or conflicts in information given,

11 or a need for clarification, the applicant seeking licensure

12 may be required to provide additional information.

13 An applicant has 3 years from the date of application to

14 complete the application process. If the process has not been

15 completed within 3 years, the application shall be denied, the

16 fee shall be forfeited, and the applicant must reapply and

17 meet the requirements in effect at the time of reapplication.

18 (Source: P.A. 102-1053, eff. 6-10-22.)

19 (225 ILCS 20/14) (from Ch. 111, par. 6364)

20 (Section scheduled to be repealed on January 1, 2028)

21 Sec. 14. Checks or order to Department dishonored because

22 of insufficient funds. Any person who delivers a check or

23 other payment to the Department that is returned to the

24 Department unpaid by the financial institution upon which it

25 is drawn shall pay to the Department, in addition to the amount

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1 already owed to the Department, a fine of $50. The fines

2 imposed by this Section are in addition to any other

3 discipline provided under this Act for unlicensed practice or

4 practice on a nonrenewed license. The Department shall notify

5 the person that payment of fees and fines shall be paid to the

6 Department by certified check or money order within 30

7 calendar days of the notification. If, after the expiration of

8 30 days from the date of the notification, the person has

9 failed to submit the necessary remittance, the Department

10 shall automatically terminate the license or deny the

11 application, without hearing. If, after termination or denial,

12 the person seeks a license, then the person ~~he or she~~ shall

13 apply to the Department for restoration or issuance of the

14 license and pay all fees and fines due to the Department. The

15 Department may establish a fee for the processing of an

16 application for restoration of a license to pay all expenses

17 of processing this application. The Secretary may waive the

18 fines due under this Section in individual cases where the

19 Secretary finds that the fines would be unreasonable or

20 unnecessarily burdensome.

21 (Source: P.A. 100-414, eff. 8-25-17.)

22 (225 ILCS 20/17) (from Ch. 111, par. 6367)

23 (Section scheduled to be repealed on January 1, 2028)

24 Sec. 17. Advertising.

25 (A) Persons licensed under this Act may advertise the

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1 availability of their professional services as permitted by

2 law, provided that such advertising is true and not

3 misleading. Representing that social work services or clinical

4 social work services are used or made available by individuals

5 who are not licensed under the provisions of this Act is deemed

6 to be false and misleading and is subject to the provisions of

7 Section 35 of this Act.

8 (B) A licensee shall include in every advertisement for

9 services regulated under this Act the licensee's ~~his or her~~

10 title as it appears on the license or the initials authorized

11 under this Act.

12 (Source: P.A. 91-310, eff. 1-1-00.)

13 (225 ILCS 20/19) (from Ch. 111, par. 6369)

14 (Section scheduled to be repealed on January 1, 2028)

15 Sec. 19. Grounds for disciplinary action.

16 (1) The Department may refuse to issue or renew a license,

17 or may suspend, revoke, place on probation, reprimand, or take

18 any other disciplinary or non-disciplinary action deemed

19 appropriate by the Department, including the imposition of

20 fines not to exceed $10,000 for each violation, with regard to

21 any license issued under the provisions of this Act for any one

22 or a combination of the following grounds:

23 (a) material misstatements in furnishing information

24 to the Department or to any other State agency or in

25 furnishing information to any insurance company with

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1 respect to a claim on behalf of a licensee or a patient;

2 (b) violations or negligent or intentional disregard

3 of this Act, or any of the rules promulgated hereunder;

4 (c) conviction of or entry of a plea of guilty or nolo

5 contendere, finding of guilt, jury verdict, or entry of

6 judgment or sentencing, including, but not limited to,

7 convictions, preceding sentences of supervision,

8 conditional discharge, or first offender probation, under

9 the laws of any jurisdiction of the United States that is

10 (i) a felony or (ii) a misdemeanor, an essential element

11 of which is dishonesty, or that is directly related to the

12 practice of the clinical social work or social work

13 professions;

14 (d) fraud or misrepresentation in applying for or

15 procuring a license under this Act or in connection with

16 applying for renewal or restoration of a license under

17 this Act;

18 (e) professional incompetence;

19 (f) gross negligence in practice under this Act;

20 (g) aiding or assisting another person in violating

21 any provision of this Act or its rules;

22 (h) failing to provide information within 60 days in

23 response to a written request made by the Department;

24 (i) engaging in dishonorable, unethical or

25 unprofessional conduct of a character likely to deceive,

26 defraud or harm the public as defined by the rules of the

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1 Department, or violating the rules of professional conduct

2 adopted by the Department;

3 (j) habitual or excessive use or abuse of drugs

4 defined in law as controlled substances, of alcohol, or of

5 any other substances that results in the inability to

6 practice with reasonable judgment, skill, or safety;

7 (k) adverse action taken by another state or

8 jurisdiction, if at least one of the grounds for the

9 discipline is the same or substantially equivalent to

10 those set forth in this Section;

11 (l) directly or indirectly giving to or receiving from

12 any person, firm, corporation, partnership, or association

13 any fee, commission, rebate or other form of compensation

14 for any professional service not actually rendered.

15 Nothing in this paragraph (l) affects any bona fide

16 independent contractor or employment arrangements among

17 health care professionals, health facilities, health care

18 providers, or other entities, except as otherwise

19 prohibited by law. Any employment arrangements may include

20 provisions for compensation, health insurance, pension, or

21 other employment benefits for the provision of services

22 within the scope of the licensee's practice under this

23 Act. Nothing in this paragraph (l) shall be construed to

24 require an employment arrangement to receive professional

25 fees for services rendered;

26 (m) a finding by the Department that the licensee,

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1 after having the license placed on probationary status,

2 has violated the terms of probation or failed to comply

3 with such terms;

4 (n) abandonment, without cause, of a client;

5 (o) willfully making or filing false records or

6 reports relating to a licensee's practice, including, but

7 not limited to, false records filed with Federal or State

8 agencies or departments;

9 (p) willfully failing to report an instance of

10 suspected child abuse or neglect as required by the Abused

11 and Neglected Child Reporting Act;

12 (q) being named as a perpetrator in an indicated

13 report by the Department of Children and Family Services

14 under the Abused and Neglected Child Reporting Act, and

15 upon proof by clear and convincing evidence that the

16 licensee has caused a child to be an abused child or

17 neglected child as defined in the Abused and Neglected

18 Child Reporting Act;

19 (r) physical illness, mental illness, or any other

20 impairment or disability, including, but not limited to,

21 deterioration through the aging process, or loss of motor

22 skills that results in the inability to practice the

23 profession with reasonable judgment, skill or safety;

24 (s) solicitation of professional services by using

25 false or misleading advertising;

26 (t) violation of the Health Care Worker Self-Referral

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1 Act;

2 (u) willfully failing to report an instance of

3 suspected abuse, neglect, financial exploitation, or

4 self-neglect of an eligible adult as defined in and

5 required by the Adult Protective Services Act; or

6 (v) being named as an abuser in a verified report by

7 the Department on Aging under the Adult Protective

8 Services Act, and upon proof by clear and convincing

9 evidence that the licensee abused, neglected, or

10 financially exploited an eligible adult as defined in the

11 Adult Protective Services Act.

12 (2) (Blank).

13 (3) The determination by a court that a licensee is

14 subject to involuntary admission or judicial admission as

15 provided in the Mental Health and Developmental Disabilities

16 Code, will result in an automatic suspension of the licensee's

17 ~~his~~ license. Such suspension will end upon a finding by a court

18 that the licensee is no longer subject to involuntary

19 admission or judicial admission and issues an order so finding

20 and discharging the patient, and upon the recommendation of

21 the Board to the Secretary that the licensee be allowed to

22 resume professional practice.

23 (4) The Department shall refuse to issue or renew or may

24 suspend the license of a person who (i) fails to file a return,

25 pay the tax, penalty, or interest shown in a filed return, or

26 pay any final assessment of tax, penalty, or interest, as

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1 required by any tax Act administered by the Department of

2 Revenue, until the requirements of the tax Act are satisfied

3 or (ii) has failed to pay any court-ordered child support as

4 determined by a court order or by referral from the Department

5 of Healthcare and Family Services.

6 (4.5) The Department shall not revoke, suspend, summarily

7 suspend, place on prohibition, reprimand, refuse to issue or

8 renew, or take any other disciplinary or non-disciplinary

9 action against a license or permit issued under this Act based

10 solely upon the licensed clinical social worker authorizing,

11 recommending, aiding, assisting, referring for, or otherwise

12 participating in any health care service, so long as the care

13 was not unlawful under the laws of this State, regardless of

14 whether the patient was a resident of this State or another

15 state.

16 (4.10) The Department shall not revoke, suspend, summarily

17 suspend, place on prohibition, reprimand, refuse to issue or

18 renew, or take any other disciplinary or non-disciplinary

19 action against the license or permit issued under this Act to

20 practice as a licensed clinical social worker based upon the

21 licensed clinical social worker's license being revoked or

22 suspended, or the licensed clinical social worker being

23 otherwise disciplined by any other state, if that revocation,

24 suspension, or other form of discipline was based solely on

25 the licensed clinical social worker violating another state's

26 laws prohibiting the provision of, authorization of,

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1 recommendation of, aiding or assisting in, referring for, or

2 participation in any health care service if that health care

3 service as provided would not have been unlawful under the

4 laws of this State and is consistent with the standards of

5 conduct for a licensed clinical social worker practicing in

6 Illinois.

7 (4.15) The conduct specified in subsections (4.5) and

8 (4.10) shall not constitute grounds for suspension under

9 Section 32.

10 (4.20) An applicant seeking licensure, certification, or

11 authorization pursuant to this Act who has been subject to

12 disciplinary action by a duly authorized professional

13 disciplinary agency of another jurisdiction solely on the

14 basis of having authorized, recommended, aided, assisted,

15 referred for, or otherwise participated in health care shall

16 not be denied such licensure, certification, or authorization,

17 unless the Department determines that such action would have

18 constituted professional misconduct in this State; however,

19 nothing in this Section shall be construed as prohibiting the

20 Department from evaluating the conduct of such applicant and

21 making a determination regarding the licensure, certification,

22 or authorization to practice a profession under this Act.

23 (5)(a) In enforcing this Section, the Department or Board,

24 upon a showing of a possible violation, may compel a person

25 licensed to practice under this Act, or who has applied for

26 licensure under this Act, to submit to a mental or physical

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1 examination, or both, which may include a substance abuse or

2 sexual offender evaluation, as required by and at the expense

3 of the Department.

4 (b) The Department shall specifically designate the

5 examining physician licensed to practice medicine in all of

6 its branches or, if applicable, the multidisciplinary team

7 involved in providing the mental or physical examination or

8 both. The multidisciplinary team shall be led by a physician

9 licensed to practice medicine in all of its branches and may

10 consist of one or more or a combination of physicians licensed

11 to practice medicine in all of its branches, licensed clinical

12 psychologists, licensed clinical social workers, licensed

13 clinical professional counselors, and other professional and

14 administrative staff. Any examining physician or member of the

15 multidisciplinary team may require any person ordered to

16 submit to an examination pursuant to this Section to submit to

17 any additional supplemental testing deemed necessary to

18 complete any examination or evaluation process, including, but

19 not limited to, blood testing, urinalysis, psychological

20 testing, or neuropsychological testing.

21 (c) The Board or the Department may order the examining

22 physician or any member of the multidisciplinary team to

23 present testimony concerning this mental or physical

24 examination of the licensee or applicant. No information,

25 report, record, or other documents in any way related to the

26 examination shall be excluded by reason of any common law or

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1 statutory privilege relating to communications between the

2 licensee or applicant and the examining physician or any

3 member of the multidisciplinary team. No authorization is

4 necessary from the licensee or applicant ordered to undergo an

5 examination for the examining physician or any member of the

6 multidisciplinary team to provide information, reports,

7 records, or other documents or to provide any testimony

8 regarding the examination and evaluation.

9 (d) The person to be examined may have, at the person's ~~his~~

10 ~~or her~~ own expense, another physician of the person's ~~his or~~

11 ~~her~~ choice present during all aspects of the examination.

12 However, that physician shall be present only to observe and

13 may not interfere in any way with the examination.

14 (e) Failure of any person to submit to a mental or physical

15 examination without reasonable cause, when ordered, shall

16 result in an automatic suspension of the person's ~~his or her~~

17 license until the person submits to the examination.

18 (f) If the Department or Board finds a person unable to

19 practice because of the reasons set forth in this Section, the

20 Department or Board may require that person to submit to care,

21 counseling, or treatment by physicians approved or designated

22 by the Department or Board, as a condition, term, or

23 restriction for continued, reinstated, or renewed licensure to

24 practice; or, in lieu of care, counseling or treatment, the

25 Department may file, or the Board may recommend to the

26 Department to file, a complaint to immediately suspend,

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1 revoke, or otherwise discipline the license of the person. Any

2 person whose license was granted, continued, reinstated,

3 renewed, disciplined or supervised subject to such terms,

4 conditions or restrictions, and who fails to comply with such

5 terms, conditions, or restrictions, shall be referred to the

6 Secretary for a determination as to whether the person's

7 license shall be ~~person shall have his or her license~~

8 suspended immediately, pending a hearing by the Department.

9 (g) All fines imposed shall be paid within 60 days after

10 the effective date of the order imposing the fine or in

11 accordance with the terms set forth in the order imposing the

12 fine.

13 In instances in which the Secretary immediately suspends a

14 person's license under this Section, a hearing on that

15 person's license must be convened by the Department within 30

16 days after the suspension and completed without appreciable

17 delay. The Department and Board shall have the authority to

18 review the subject person's record of treatment and counseling

19 regarding the impairment, to the extent permitted by

20 applicable federal statutes and regulations safeguarding the

21 confidentiality of medical records.

22 A person licensed under this Act and affected under this

23 Section shall be afforded an opportunity to demonstrate to the

24 Department or Board that the person ~~he or she~~ can resume

25 practice in compliance with acceptable and prevailing

26 standards under the provisions of the person's ~~his or her~~

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1 license.

2 (h) The Department may adopt rules to implement the

3 changes made by this amendatory Act of the 102nd General

4 Assembly.

5 (Source: P.A. 102-1117, eff. 1-13-23.)

6 (225 ILCS 20/20) (from Ch. 111, par. 6370)

7 (Section scheduled to be repealed on January 1, 2028)

8 Sec. 20. Violations - Injunction - Cease and desist order.

9 1. If any person violates the provisions of this Act, the

10 Secretary may, in the name of the People of the State of

11 Illinois, through the Attorney General, petition for an order

12 enjoining such violation or for an order enforcing compliance

13 with this Act. Upon the filing of a verified petition, the

14 court with appropriate jurisdiction may issue a temporary

15 restraining order without notice or bond, and may

16 preliminarily and permanently enjoin such violation. If it is

17 established that such person has violated or is violating the

18 injunction, the court may punish the offender for contempt of

19 court. Proceedings under this Section shall be in addition to

20 all other remedies and penalties provided by this Act.

21 2. If any person claims to be ~~shall hold herself or himself~~

22 ~~out as~~ a licensed clinical social worker or licensed social

23 worker and is not licensed under this Act, then any licensed

24 clinical social worker, licensed social worker, interested

25 party or any person injured thereby may petition for relief as

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1 provided in subsection (1) of this Section.

2 3. Whenever, in the opinion of the Department, a person

3 violates any provision of this Act, the Department may issue a

4 rule to show cause why an order to cease and desist should not

5 be entered against such person. The rule shall clearly set

6 forth the grounds relied upon by the Department and shall

7 allow at least 7 days from the date of the rule to file an

8 answer satisfactory to the Department. Failure to answer to

9 the satisfaction of the Department shall cause an order to

10 cease and desist to be issued.

11 (Source: P.A. 95-687, eff. 10-23-07.)

12 (225 ILCS 20/21) (from Ch. 111, par. 6371)

13 (Section scheduled to be repealed on January 1, 2028)

14 Sec. 21. Investigations; notice and hearing.

15 (a) The Department may investigate the actions of any

16 applicant or of any person holding or claiming to hold a

17 license under this Act.

18 (b) The Department shall, before disciplining an applicant

19 or licensee, at least 30 days prior to the date set for the

20 hearing: (i) notify, in writing, the accused of the charges

21 made and the time and place for the hearing on the charges,

22 (ii) direct the applicant or licensee ~~him or her~~ to file a

23 written answer to the charges under oath within 20 days after

24 the service of the notice, and (iii) inform the applicant or

25 licensee that failure to file an answer will result in a

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1 default being entered against the applicant or licensee.

2 (c) Written or electronic notice of the hearing ~~,~~ and any

3 notice in a ~~the~~ subsequent proceeding~~,~~ may be served by

4 personal delivery, ~~by~~ email to the applicant's or licensee's

5 email address of record, or ~~by~~ mail to the applicant's or

6 licensee's address of record. ~~applicant or licensee at his or~~

7 ~~her address of record or email address of record.~~

8 (d) At the time and place fixed in the notice, the Board or

9 hearing officer appointed by the Secretary shall proceed to

10 hear the charges and the parties or their counsel shall be

11 accorded ample opportunity to present any statements,

12 testimony, evidence and argument as may be pertinent to the

13 charges or to their defense. The Board or hearing officer may

14 continue the hearing from time to time.

15 (e) In case the person, after receiving the notice, fails

16 to file an answer, the person's ~~his or her~~ license may, in the

17 discretion of the Secretary, having first received the

18 recommendation of the Board, be suspended, revoked, or placed

19 on probationary status, or be subject to whatever disciplinary

20 action the Secretary considers proper, including limiting the

21 scope, nature, or extent of the person's practice or the

22 imposition of a fine, without hearing, if the act or acts

23 charged constitute sufficient grounds for that action under

24 this Act.

25 (Source: P.A. 100-414, eff. 8-25-17.)

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1 (225 ILCS 20/28) (from Ch. 111, par. 6378)

2 (Section scheduled to be repealed on January 1, 2028)

3 Sec. 28. Appointment of a hearing officer. Notwithstanding

4 any other provision of this Act, the Secretary has the

5 authority to appoint any attorney duly licensed to practice

6 law in the State of Illinois to serve as the hearing officer in

7 any action for refusal to issue or renew a license or to

8 discipline a licensee. The hearing officer shall have full

9 authority to conduct the hearing. The hearing officer shall

10 report ~~his or her~~ findings of fact, conclusions of law,

and

11 recommendations to the Board and to the Secretary.

12 (Source: P.A. 100-414, eff. 8-25-17.)

13 (225 ILCS 20/30) (from Ch. 111, par. 6380)

14 (Section scheduled to be repealed on January 1, 2028)

15 Sec. 30. Restoration. At any time after the successful

16 completion of a term of probation, suspension, or revocation

17 of any license, the Department may restore the license to the

18 licensee upon the written recommendation of the Board unless

19 after an investigation and hearing the Board or Department

20 determines that restoration is not in the public interest.

21 Where circumstances of suspension or revocation so indicate,

22 the Department may require an examination of the licensee

23 prior to restoring the licensee's ~~his or her~~ license. No

24 person whose license has been revoked as authorized in this

25 Act may apply for restoration of that license or permit until

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1 such time as provided for in the Civil Administrative Code of

2 Illinois.

3 (Source: P.A. 100-414, eff. 8-25-17.)

4 (225 ILCS 20/31) (from Ch. 111, par. 6381)

5 (Section scheduled to be repealed on January 1, 2028)

6 Sec. 31. Surrender of license. Upon the revocation or

7 suspension of any license, the licensee shall immediately

8 surrender the licensee's ~~his or her~~ license to the Department.

9 If the licensee fails to do so, the Department shall have the

10 right to seize the license.

11 (Source: P.A. 100-414, eff. 8-25-17.)

12 (225 ILCS 20/32) (from Ch. 111, par. 6382)

13 (Section scheduled to be repealed on January 1, 2028)

14 Sec. 32. Summary suspension of a license. The Secretary

15 may summarily suspend the license of a licensed clinical

16 social worker or licensed social worker without a hearing

17 simultaneously with the institution of proceedings for a

18 hearing provided for in this Act if the Secretary finds that

19 evidence in the Secretary's ~~his or her~~ possession indicates

20 that a licensee's continuation in practice would constitute an

21 imminent danger to the public. In the event the Secretary

22 summarily suspends such license without a hearing, a hearing

23 by the Board or Department shall be held within 30 calendar

24 days after the suspension has occurred.

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1 (Source: P.A. 100-414, eff. 8-25-17.)

2 Section 10. The Good Samaritan Act is amended by changing

3 Section 70 as follows: