(225 ILCS 15/2) (from Ch. 111, par. 5352)
(Section scheduled to be repealed on January 1, 2027)
Sec. 2. Definitions. As used in this Act:
(1) "Department" means the Department of Financial |
| and Professional Regulation.
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(2) "Secretary" means the Secretary of Financial and
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(3) "Board" means the Clinical Psychologists
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| Licensing and Disciplinary Board appointed by the Secretary.
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(4) (Blank).
(5) "Clinical psychology" means the independent
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| evaluation, classification, diagnosis, and treatment of mental, emotional, behavioral or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness. The practice of clinical psychology includes psychoeducational evaluation, therapy, remediation and consultation, the use of psychological and neuropsychological testing, assessment, psychotherapy, psychoanalysis, hypnosis, biofeedback, and behavioral modification when any of these are used for the purpose of preventing or eliminating psychopathology, or for the amelioration of psychological disorders of individuals or groups. "Clinical psychology" does not include the use of hypnosis by unlicensed persons pursuant to Section 3.
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(6) A person represents himself to be a "clinical
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| psychologist" or "psychologist" within the meaning of this Act when he or she holds himself out to the public by any title or description of services incorporating the words "psychological", "psychologic", "psychologist", "psychology", or "clinical psychologist" or under such title or description offers to render or renders clinical psychological services as defined in paragraph (7) of this Section to individuals or the public for remuneration.
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(7) "Clinical psychological services" refers to any
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| services under paragraph (5) of this Section if the words "psychological", "psychologic", "psychologist", "psychology" or "clinical psychologist" are used to describe such services by the person or organization offering to render or rendering them.
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(8) "Collaborating physician" means a physician
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| licensed to practice medicine in all of its branches in Illinois who generally prescribes medications for the treatment of mental health disease or illness to his or her patients in the normal course of his or her clinical medical practice.
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(9) "Prescribing psychologist" means a licensed,
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| doctoral level psychologist who has undergone specialized training, has passed an examination as determined by rule, and has received a current license granting prescriptive authority under Section 4.2 of this Act that has not been revoked or suspended from the Department.
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(10) "Prescriptive authority" means the authority to
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| prescribe, administer, discontinue, or distribute drugs or medicines.
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(11) "Prescription" means an order for a drug,
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| laboratory test, or any medicines, including controlled substances as defined in the Illinois Controlled Substances Act.
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(12) "Drugs" has the meaning given to that term in
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| the Pharmacy Practice Act.
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(13) "Medicines" has the meaning given to that term
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| in the Pharmacy Practice Act.
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(14) "Address of record" means the designated address
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| recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit.
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This Act shall not apply to persons lawfully carrying on their particular
profession or business under any valid existing regulatory Act of the State.
(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
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(225 ILCS 15/3) (from Ch. 111, par. 5353)
(Section scheduled to be repealed on January 1, 2027)
Sec. 3. Necessity of license; corporations, professional limited liability companies, partnerships, and
associations; display of license. (a) No individual
shall, without a valid license as a clinical psychologist issued by the
Department, in any manner hold himself or herself out to the public as a
psychologist or clinical psychologist under the provisions of this Act or
render or offer to render clinical psychological services as defined in
paragraph 7 of Section 2 of this Act; or attach the title "clinical
psychologist",
"psychologist"
or any other name or
designation which would in any way imply that he or she is able to practice
as a
clinical
psychologist; or offer to render or render clinical psychological services as defined in paragraph 7 of
Section 2 of this Act.
No person may engage in the practice of clinical psychology, as defined in
paragraph (5) of Section 2 of this Act, without a license granted under this
Act, except as
otherwise provided in this Act.
(b) No business organization shall provide, attempt to provide, or offer to provide clinical psychological services unless every
member, shareholder, director, officer, holder of any other ownership interest, agent, and employee who
renders clinical psychological services holds
a currently valid license issued under this Act.
No corporation or limited liability company shall be created that (i)
has a stated purpose that includes clinical psychology, or (ii) practices or holds
itself out as available
to practice clinical psychology, unless it is organized under the
Professional Service Corporation Act or the Professional Limited Liability Company Act.
(c) Individuals, corporations, professional limited liability companies, partnerships, and associations may employ
practicum
students, interns or postdoctoral candidates seeking to fulfill
educational requirements or the professional experience
requirements needed to qualify for a license as a
clinical psychologist
to assist in the rendering of services, provided that such employees
function under the direct supervision, order, control and full professional
responsibility of a licensed clinical psychologist in the corporation, professional limited liability company,
partnership, or association. Nothing in this paragraph shall prohibit a
corporation, professional limited liability company, partnership, or association from contracting with a licensed
health care professional to provide services.
(c-5) 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. 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. (d) Nothing in this Act shall prevent the employment, by a clinical
psychologist, individual,
association, partnership, professional limited liability company, or corporation furnishing clinical psychological services
for remuneration, of persons not licensed as clinical psychologists under
the provisions of this Act to perform services in various capacities as
needed, provided that such persons are not in any manner held out to the
public as rendering clinical psychological services as defined in paragraph
7 of Section 2 of this Act. Nothing contained in this Act shall require any
hospital, clinic, home
health agency, hospice, or other entity that provides health care services to
employ or to contract with a clinical psychologist licensed under this Act to
perform any of the activities under paragraph (5) of Section 2 of this Act.
(e) Nothing in this Act shall
be construed to limit the services and use of official title on the part
of a person, not licensed under the
provisions of this Act, in the employ of a State, county or municipal
agency or other political subdivision insofar that such services are a part of
the
duties in his or her salaried position, and insofar that such services are
performed solely on behalf of his or her employer.
Nothing contained in this Section shall be construed as permitting such
person to offer their services as psychologists to any other persons and to
accept remuneration for such psychological services other than as
specifically excepted herein, unless they have been licensed under the
provisions of this Act.
(f) Duly recognized members of any bonafide religious denomination shall
not be restricted from functioning in their ministerial capacity provided
they do not represent themselves as being clinical psychologists or
providing clinical psychological services.
(g) Nothing in this Act shall prohibit individuals not licensed under
the provisions of this Act who work in self-help groups or programs or
not-for-profit organizations from providing services
in those groups, programs, or organizations, provided that such persons
are not in any manner held out to the public as rendering clinical
psychological services as defined in paragraph 7 of Section 2 of this Act.
(h) Nothing in this Act shall be construed to prevent a person from
practicing hypnosis without a license issued under this Act provided that
the person (1) does not otherwise engage in the practice of clinical
psychology
including, but not limited to, the independent evaluation, classification, and
treatment of mental, emotional, behavioral, or nervous disorders or conditions,
developmental disabilities, alcoholism and substance abuse, disorders of habit
or conduct, and the psychological aspects of physical illness, (2) does not
otherwise engage in the practice of medicine including, but not limited to, the
diagnosis or treatment of physical or mental ailments or conditions, and (3)
does not
hold himself or herself out to the public by a title or description stating or
implying
that the individual is a clinical psychologist or is licensed to practice
clinical psychology.
(i) Every licensee under this Act shall prominently display the license at the licensee's principal office, place of business, or place of employment and, whenever requested by any representative of the Department, must exhibit the license.
(Source: P.A. 99-227, eff. 8-3-15; 99-572, eff. 7-15-16.)
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(225 ILCS 15/4.2) (Section scheduled to be repealed on January 1, 2027) Sec. 4.2. Prescribing psychologist license. (a) A psychologist may apply to the Department for a prescribing psychologist license. The application shall be made on a form approved by the Department, include the payment of any required fees, and be accompanied by evidence satisfactory to the Department that the applicant: (1) holds a current license to practice clinical |
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(2) has successfully completed the following minimum
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| educational and training requirements either during the doctoral program required for licensure under this Section or in an accredited undergraduate or master level program prior to or subsequent to the doctoral program required under this Section:
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(A) specific minimum undergraduate biomedical
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| prerequisite coursework, including, but not limited to: Medical Terminology (class or proficiency); Chemistry or Biochemistry with lab (2 semesters); Human Physiology (one semester); Human Anatomy (one semester); Anatomy and Physiology; Microbiology with lab (one semester); and General Biology for science majors or Cell and Molecular Biology (one semester);
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(B) a minimum of 60 credit hours of didactic
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| coursework, including, but not limited to: Pharmacology; Clinical Psychopharmacology; Clinical Anatomy and Integrated Science; Patient Evaluation; Advanced Physical Assessment; Research Methods; Advanced Pathophysiology; Diagnostic Methods; Problem Based Learning; and Clinical and Procedural Skills; and
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(C) a full-time practicum of 14 months'
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| supervised clinical training, including a research project; during the clinical rotation phase, students complete rotations in Emergency Medicine, Family Medicine, Geriatrics, Internal Medicine, Obstetrics and Gynecology, Pediatrics, Psychiatrics, Surgery, and one elective of the students' choice; program approval standards addressing faculty qualifications, regular competency evaluation and length of clinical rotations, and instructional settings, including, but not limited to, hospitals, medical centers, health care facilities located at federal and State prisons, hospital outpatient clinics, community mental health clinics, patient-centered medical homes or family-centered medical homes, women's medical health centers, and Federally Qualified Health Centers; the clinical training must meet the standards for:
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(i) physician assistant education as defined
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| by the Accreditation Review Commission on Education for the Physician Assistant;
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(ii) advanced practice nurse education as
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| defined by the Commission on Collegiate Nursing Education for the Advanced Nurse Practitioner or the Accreditation Commission for Education in Nursing for the Advanced Nurse Practitioner; or
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(iii) medical education as defined by the
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| Accreditation Council for Graduate Medical Education and shall be set by the Department by rule;
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(3) has completed a National Certifying Exam, as
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(4) meets all other requirements for obtaining a
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| prescribing psychologist license, as determined by rule.
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(b) The Department may issue a prescribing psychologist license if it finds that the applicant has met the requirements of subsection (a) of this Section.
(c) A prescribing psychologist may only prescribe medication pursuant to the provisions of this Act if the prescribing psychologist:
(1) continues to hold a current license to practice
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(2) satisfies the continuing education requirements
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| for prescribing psychologists, including 10 hours of continuing education annually in pharmacology from accredited providers; and
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(3) maintains a written collaborative agreement with
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| a collaborating physician pursuant to Section 4.3 of this Act.
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(Source: P.A. 101-84, eff. 7-19-19.)
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(225 ILCS 15/4.3) (Section scheduled to be repealed on January 1, 2027) Sec. 4.3. Written collaborative agreements. (a) A written collaborative agreement is required for all prescribing psychologists practicing under a prescribing psychologist license issued pursuant to Section 4.2 of this Act. (b) A written delegation of prescriptive authority by a collaborating physician may only include medications for the treatment of mental health disease or illness the collaborating physician generally provides to his or her patients in the normal course of his or her clinical practice with the exception of the following: (1) patients who are less than 17 years of age or |
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(2) patients during pregnancy;
(3) patients with serious medical conditions, such as
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| heart disease, cancer, stroke, or seizures, and with developmental disabilities and intellectual disabilities; and
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(4) prescriptive authority for benzodiazepine
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| Schedule III controlled substances.
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(c) The collaborating physician shall file with the Department notice of delegation of prescriptive authority and termination of the delegation, in accordance with rules of the Department. Upon receipt of this notice delegating authority to prescribe any nonnarcotic Schedule III through V controlled substances, the licensed clinical psychologist shall be eligible to register for a mid-level practitioner controlled substance license under Section 303.05 of the Illinois Controlled Substances Act.
(d) All of the following shall apply to delegation of prescriptive authority:
(1) Any delegation of Schedule III through V
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| controlled substances shall identify the specific controlled substance by brand name or generic name. No controlled substance to be delivered by injection may be delegated. No Schedule II controlled substance shall be delegated.
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(2) A prescribing psychologist shall not prescribe
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| narcotic drugs, as defined in Section 102 of the Illinois Controlled Substances Act.
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Any prescribing psychologist who writes a prescription for a controlled substance without having valid and appropriate authority may be fined by the Department not more than $50 per prescription and the Department may take any other disciplinary action provided for in this Act.
All prescriptions written by a prescribing psychologist must contain the name of the prescribing psychologist and his or her signature. The prescribing psychologist shall sign his or her own name.
(e) The written collaborative agreement shall describe the working relationship of the prescribing psychologist with the collaborating physician and shall delegate prescriptive authority as provided in this Act. Collaboration does not require an employment relationship between the collaborating physician and prescribing psychologist. Absent an employment relationship, an agreement may not restrict third-party payment sources accepted by the prescribing psychologist. For the purposes of this Section, "collaboration" means the relationship between a prescribing psychologist and a collaborating physician with respect to the delivery of prescribing services in accordance with (1) the prescribing psychologist's training, education, and experience and (2) collaboration and consultation as documented in a jointly developed written collaborative agreement.
(f) The agreement shall promote the exercise of professional judgment by the prescribing psychologist corresponding to his or her education and experience.
(g) The collaborative agreement shall not be construed to require the personal presence of a physician at the place where services are rendered. Methods of communication shall be available for consultation with the collaborating physician in person or by telecommunications in accordance with established written guidelines as set forth in the written agreement.
(h) Collaboration and consultation pursuant to all collaboration agreements shall be adequate if a collaborating physician does each of the following:
(1) participates in the joint formulation and joint
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| approval of orders or guidelines with the prescribing psychologist and he or she periodically reviews the prescribing psychologist's orders and the services provided patients under the orders in accordance with accepted standards of medical practice and prescribing psychologist practice;
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(2) provides collaboration and consultation with the
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| prescribing psychologist in person at least once a month for review of safety and quality clinical care or treatment;
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(3) is available through telecommunications for
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| consultation on medical problems, complications, emergencies, or patient referral; and
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(4) reviews medication orders of the prescribing
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| psychologist no less than monthly, including review of laboratory tests and other tests as available.
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(i) The written collaborative agreement shall contain provisions detailing notice for termination or change of status involving a written collaborative agreement, except when the notice is given for just cause.
(j) A copy of the signed written collaborative agreement shall be available to the Department upon request to either the prescribing psychologist or the collaborating physician.
(k) Nothing in this Section shall be construed to limit the authority of a prescribing psychologist to perform all duties authorized under this Act.
(l) A prescribing psychologist shall inform each collaborating physician of all collaborative agreements he or she has signed and provide a copy of these to any collaborating physician.
(m) No collaborating physician shall enter into more than 3 collaborative agreements with prescribing psychologists.
(Source: P.A. 101-84, eff. 7-19-19.)
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(225 ILCS 15/10) (from Ch. 111, par. 5360)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Qualifications of applicants; examination. The Department,
except as provided in Section 11 of this Act,
shall issue a license as a clinical psychologist to any person who pays an
application fee and who:
(1) is at least 21 years of age;
(2) (blank);
(3) is a graduate of a doctoral program from a |
| college, university or school accredited by the regional accrediting body which is recognized by the Council on Postsecondary Accreditation and is in the jurisdiction in which it is located for purposes of granting the doctoral degree and either:
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(a) is a graduate of a doctoral program in
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| clinical, school or counseling psychology either accredited by the American Psychological Association or the Psychological Clinical Science Accreditation System or approved by the Council for the National Register of Health Service Providers in Psychology or other national board recognized by the Board, and has completed 2 years of satisfactory supervised experience in clinical, school or counseling psychology at least one of which is an internship and one of which is postdoctoral; or
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(b) holds a doctoral degree from a recognized
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| college, university or school which the Department, through its rules, establishes as being equivalent to a clinical, school or counseling psychology program and has completed at least one course in each of the following 7 content areas, in actual attendance at a recognized university, college or school whose graduates would be eligible for licensure under this Act: scientific and professional ethics, biological basis of behavior, cognitive-affective basis of behavior, social basis of behavior, individual differences, assessment, and treatment modalities; and has completed 2 years of satisfactory supervised experience in clinical, school or counseling psychology, at least one of which is an internship and one of which is postdoctoral; or
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(c) holds a doctorate in psychology or in a
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| program whose content is psychological in nature from an accredited college, university or school not meeting the standards of paragraph (a) or (b) of this subsection (3) and provides evidence of the completion of at least one course in each of the 7 content areas specified in paragraph (b) in actual attendance at a recognized university, school or college whose graduate would be eligible for licensure under this Act; and has completed an appropriate practicum, an internship or equivalent supervised clinical experience in an organized mental health care setting and 2 years of satisfactory supervised experience in clinical or counseling psychology, at least one of which is postdoctoral; and
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(4) has passed an examination authorized by the
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| Department to determine his or her fitness to receive a license.
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Applicants for licensure under subsection (3)(a) and
(3)(b) of
this Section shall complete 2 years of satisfactory supervised
experience, at
least one of which shall be an internship and one of which shall be
postdoctoral. A year of supervised experience is defined as not less than
1,750 hours obtained in not less than 50 weeks based on 35 hours per week
for full-time work experience. Full-time supervised experience will be
counted only if it is obtained in a single setting for a minimum of 6 months.
Part-time and internship experience will be counted only if it
is 18 hours or more a week for a minimum of 9 months and is in a
single setting. The internship experience required under
subsection
(3)(a) and (3)(b) of this Section shall be a
minimum of 1,750 hours completed within 24 months.
Programs leading to a doctoral degree require minimally the equivalent
of 3 full-time academic years of graduate study, at least 2 years of
which are at the institution from which the degree is granted, and of which
at least one year or its equivalent is in residence at the institution from
which the degree is granted. Course work for which credit is given for life
experience will not be accepted by the Department as fulfilling the
educational requirements for licensure. Residence requires interaction
with psychology faculty and other matriculated psychology students; one
year's residence or its equivalent is defined as follows:
(a) 30 semester hours taken on a full-time or
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| part-time basis at the institution accumulated within 24 months, or
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(b) a minimum of 350 hours of student-faculty contact
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| involving face-to-face individual or group courses or seminars accumulated within 18 months. Such educational meetings must include both faculty-student and student-student interaction, be conducted by the psychology faculty of the institution at least 90% of the time, be fully documented by the institution, and relate substantially to the program and course content. The institution must clearly document how the applicant's performance is assessed and evaluated.
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To meet the requirement for satisfactory supervised experience, under
this Act the supervision must be performed pursuant to the order, control
and full professional responsibility of a licensed clinical psychologist.
The clients shall be the clients of the agency or supervisor rather than
the supervisee. Supervised experience in which the supervisor receives
monetary payment or other consideration from the supervisee or in which the
supervisor is hired by or otherwise employed by the supervisee shall not be
accepted by the Department as fulfilling the practicum, internship or 2
years of satisfactory supervised experience requirements for licensure.
Examinations for applicants under this Act shall be held at the direction
of the Department from time to time but not less than once each year. The
scope and form of the examination shall be determined by the Department.
Each applicant for a license who possesses the necessary qualifications
therefor shall be examined by the Department, and shall pay to the
Department, or its designated testing service, the required examination
fee, which fee shall not be refunded by the Department.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 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.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the Department for a
license. If an applicant fails to apply within one year, the applicant shall
be required to take and pass the examination again unless licensed in
another jurisdiction of the United States within one year of passing the
examination.
(Source: P.A. 98-849, eff. 1-1-15; 99-572, eff. 7-15-16.)
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(225 ILCS 15/15) (from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Disciplinary action; grounds. (a) The Department may refuse to
issue, refuse to renew, suspend,
or revoke any license, or may place on probation, reprimand, or
take 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 reasons:
(1) Conviction of, or entry of a plea of guilty or |
| nolo contendere to, any crime that is a felony under the laws of the United States or any state or territory thereof or that is a misdemeanor of which an essential element is dishonesty, or any crime that is directly related to the practice of the profession.
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(2) Gross negligence in the rendering of clinical
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(3) Using fraud or making any misrepresentation in
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| applying for a license or in passing the examination provided for in this Act.
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(4) Aiding or abetting or conspiring to aid or abet a
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| person, not a clinical psychologist licensed under this Act, in representing himself or herself as so licensed or in applying for a license under this Act.
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(5) Violation of any provision of this Act or the
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| rules promulgated thereunder.
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(6) Professional connection or association with any
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| person, firm, association, partnership or corporation holding himself, herself, themselves, or itself out in any manner contrary to this Act.
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(7) Unethical, unauthorized or unprofessional conduct
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| as defined by rule. In establishing those rules, the Department shall consider, though is not bound by, the ethical standards for psychologists promulgated by recognized national psychology associations.
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(8) Aiding or assisting another person in violating
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| any provisions of this Act or the rules promulgated thereunder.
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(9) Failing to provide, within 60 days, information
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| in response to a written request made by the Department.
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(10) Habitual or excessive use or addiction to
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| alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a clinical psychologist's inability to practice with reasonable judgment, skill or safety.
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(11) Discipline by another state, territory, the
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| District of Columbia or foreign country, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
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(12) Directly or indirectly giving or receiving from
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| any person, firm, corporation, association or partnership any fee, commission, rebate, or other form of compensation for any professional service not actually or personally rendered. Nothing in this paragraph (12) 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 (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.
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(13) A finding that the licensee, after having his or
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| her license placed on probationary status, has violated the terms of probation.
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(14) Willfully making or filing false records or
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| reports, including but not limited to, false records or reports filed with State agencies or departments.
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(15) Physical illness, including but not limited to,
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| deterioration through the aging process, mental illness or disability that results in the inability to practice the profession with reasonable judgment, skill and safety.
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(16) Willfully failing to report an instance of
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| suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
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(17) Being named as a perpetrator in an indicated
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| report by the Department of Children and Family Services pursuant to 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.
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(18) Violation of the Health Care Worker
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(19) Making a material misstatement in furnishing
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| information to the Department, any other State or federal agency, or any other entity.
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(20) Failing to report to the Department any adverse
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| judgment, settlement, or award arising from a liability claim related to an act or conduct similar to an act or conduct that would constitute grounds for action as set forth in this Section.
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(21) Failing to report to the Department any adverse
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| final action taken against a licensee or applicant by another licensing jurisdiction, including any other state or territory of the United States or any foreign state or country, or any peer review body, health care institution, professional society or association related to the profession, governmental agency, law enforcement agency, or court for an act or conduct similar to an act or conduct that would constitute grounds for disciplinary action as set forth in this Section.
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(22) Prescribing, selling, administering,
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| distributing, giving, or self-administering (A) any drug classified as a controlled substance (designated product) for other than medically accepted therapeutic purposes or (B) any narcotic drug.
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(23) Violating state or federal laws or regulations
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| relating to controlled substances, legend drugs, or ephedra as defined in the Ephedra Prohibition Act.
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(24) Exceeding the terms of a collaborative agreement
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| or the prescriptive authority delegated to a licensee by his or her collaborating physician or established under a written collaborative agreement.
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The entry of an order by any circuit court establishing that any person
holding a license under this Act is subject to involuntary admission or
judicial admission as provided for in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension of that license. That
person may have his or her license restored only upon the determination by
a circuit
court that the patient is no longer subject to involuntary admission or
judicial admission and the issuance of an order so finding and discharging the
patient and upon the Board's recommendation to the
Department that the
license be restored. Where the circumstances so indicate, the Board may
recommend to the Department that it require an examination prior to restoring
any license so automatically suspended.
The Department shall refuse to issue or suspend the license of any person
who fails to file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax
Act are satisfied.
In enforcing this Section, the Department or Board upon a showing of a possible
violation may compel any person licensed to practice under this Act, or
who has applied for licensure or certification pursuant to this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The examining physicians or clinical psychologists
shall be those specifically designated by the Department.
The Board or the Department may order the examining physician or clinical
psychologist to present testimony concerning this mental or physical
examination
of the licensee or applicant. No information 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 clinical psychologist.
The person to be examined may have, at his or her own expense, another
physician or clinical psychologist of his or her choice present during all
aspects of the examination. Failure of any person to submit to a mental or
physical examination, when directed, shall be grounds for suspension of a
license until the person submits to the examination if the Department or Board finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
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 or clinical psychologists approved
or designated by the Department, as a condition, term, or restriction for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling or treatment,
the
Board may recommend to the Department to file or the Department may 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 shall have his or her license
suspended immediately, pending a hearing by the Board.
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 Board within 15 days after the suspension and completed without appreciable
delay.
The 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 Board that he or she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) The Department shall not revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act based solely upon the licensed clinical psychologist recommending,
aiding, assisting, referring for, or 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.
(c) The Department shall not revoke, 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 psychologist based upon the licensed
clinical psychologist's license being revoked or suspended, or
the licensed clinical psychologist being otherwise disciplined
by any other state, if that revocation, suspension, or other
form of discipline was based solely on the licensed clinical
psychologist 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 psychologist practicing in
Illinois.
(d) The conduct specified in subsections (b) and (c) shall
not constitute grounds for suspension under Section 21.6.
(e) 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 psychologist based solely upon
the license of a licensed clinical psychologist being revoked
or the licensed clinical psychologist being otherwise
disciplined by any other state or territory other than
Illinois for the referral for or having otherwise participated
in any health care service, if the revocation or disciplinary
action was based solely on a violation of the other state's law
prohibiting such health care services in the state, for a resident of
the state, or in any other state.
(f) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
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