| ||||
Public Act 103-1048 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 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: | ||||
(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(Section scheduled to be repealed on January 1, 2028) | ||||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 |
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 |
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.) | ||
(225 ILCS 20/4) (from Ch. 111, par. 6354) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 4. Exemptions. | ||
1. This Act does not prohibit any of the following: | ||
(a) Any persons legally regulated in this State under | ||
any other Act from engaging in the practice for which they | ||
are authorized, provided that they do not represent | ||
themselves by any title as being engaged in the | ||
independent practice of clinical social work or the | ||
practice of social work as defined in this Act, nor does it | ||
prohibit the practice of nonregulated professions whose | ||
practitioners are engaged in the delivery of human |
services, provided such practitioners do not represent | ||
themselves as or use the title of clinical social worker | ||
or social worker. | ||
(b) The practice of clinical social work or social | ||
work by a person who is employed by the United States | ||
government or by the State of Illinois, unit of local | ||
government or any bureau, division or agency thereof while | ||
in the discharge of the employee's official duties. | ||
Clinical social workers employed by the State of Illinois | ||
who are hired after the effective date of this amendatory | ||
Act of 1994 shall hold a valid license, issued by this | ||
State, to practice as a licensed clinical social worker, | ||
except for those clinical social workers employed by the | ||
State who obtain their positions through promotion. | ||
(c) The practice of a student pursuing a course of | ||
professional education under the terms of this Act, if | ||
these activities and services constitute a part of such | ||
student's supervised course of study. | ||
(d) A person from practicing social work if the person | ||
is obtaining experience for licensure as a clinical social | ||
worker or social worker, provided the person is designated | ||
by a title that clearly indicates training status. | ||
(e) A person, who is not a resident of this State, from | ||
performing social work via telehealth in this State for a | ||
nonresident of this State for not more than 5 days in any | ||
one month or more than 15 days in any one calendar year, |
had a previous established therapeutic relationship with | ||
the nonresident, and the person is authorized to perform | ||
such services under the laws of the state or country in | ||
which the person resides. | ||
(f) A person, who is not a resident of this State, from | ||
performing social work via telehealth in this State for a | ||
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 .) |
(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. | ||
(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 |
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. |
(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.) | ||
(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 |
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 .) | ||
(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 |
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 |
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.) |
(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 .) | ||
(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. |
(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 |
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 |
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.) | ||
(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 |
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.) | ||
(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 |
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.) | ||
(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 |
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 .) | ||
(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 |
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 |
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, |
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 |
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 |
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, |
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 |
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 |
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, |
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 |
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.) | ||
(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 |
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 |
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.) |
(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 |
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. |
(Source: P.A. 100-414, eff. 8-25-17.) | ||
Section 10. The Good Samaritan Act is amended by changing | ||
Section 70 as follows: | ||
(745 ILCS 49/70) | ||
Sec. 70. Law enforcement officers, firemen, emergency | ||
medical technicians (EMTs) and first responders; exemption | ||
from civil liability for emergency care. Any law enforcement | ||
officer or fireman as defined in Section 2 of the Line of Duty | ||
Compensation Act ; , any "emergency medical technician (EMT)" | ||
as defined in Section 3.50 of the Emergency Medical Services | ||
(EMS) Systems Act ; any licensed clinical social worker or | ||
licensed social worker as defined in Section 3 of the Clinical | ||
Social Work and Social Work Practice Act; , and any "first | ||
responder" as defined in Section 3.60 of the Emergency Medical | ||
Services (EMS) Systems Act, who in good faith provides | ||
emergency care, including the administration of an opioid | ||
antagonist as defined in Section 5-23 of the Substance Use | ||
Disorder Act, without fee or compensation to any person shall | ||
not, as a result of his or her acts or omissions, except | ||
willful and wanton misconduct on the part of the person, in | ||
providing the care, be liable to a person to whom such care is | ||
provided for civil damages. | ||
(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19 .) |