(225 ILCS 55/1) (from Ch. 111, par. 8351-1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 1.
Short title.
This Act may be cited as the Marriage and Family Therapy Licensing Act.
(Source: P.A. 87-783.)
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(225 ILCS 55/5) (from Ch. 111, par. 8351-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5.
Legislative declaration of public policy.
The practice of
marriage and family therapy in Illinois is hereby declared to affect the
public health, safety and welfare, and to be subject to regulations in the
public interest. The purpose of this Act is to establish standards of
qualifications for marriage and family therapists and license marriage and
family therapists and associate marriage and family therapists who meet
these standards, thereby protecting the public
from persons who are unauthorized or unqualified to represent themselves as
licensed marriage and family therapists or associate licensed marriage and
family therapists, and from unprofessional conduct
by persons licensed to practice marriage and family therapy.
(Source: P.A. 91-362, eff. 1-1-00.)
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(225 ILCS 55/10) (from Ch. 111, par. 8351-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit.
"Advertise" means, but is not limited to, issuing or causing to
be distributed any card, sign or device to any person; or causing,
permitting or allowing any sign or marking on or in any building,
structure, newspaper, magazine or directory, or on radio or television; or
advertising by any other means designed to secure public attention.
"Approved program" means an approved comprehensive program of study in
marriage and family therapy in a regionally accredited educational institution
approved by the Department for the training
of marriage and family therapists.
"Associate licensed marriage and family therapist" means a person
to whom an associate licensed marriage and family therapist license has been issued
under this Act.
"Board" means the Illinois Marriage and Family Therapy Licensing and
Disciplinary Board.
"Department" means the Department of Financial and
Professional Regulation.
"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. "First qualifying degree" means the first master's or doctoral degree, as described in paragraph (1) of subsection (b) of Section 40, that an applicant for licensure received. "License" means that which is required to practice marriage and family
therapy under this Act, the qualifications for which include specific
education, acceptable experience and examination requirements.
"Licensed marriage and family therapist" means a person
to whom a
marriage and family therapist license has been issued under this Act.
"Marriage and family therapy" means the evaluation and treatment of
mental and emotional problems within the context of human relationships.
Marriage and family therapy involves the use of psychotherapeutic methods
to ameliorate interpersonal and intrapersonal conflict and to modify
perceptions, beliefs and behavior in areas of human life that include, but
are not limited to, premarriage, marriage, sexuality, family, divorce
adjustment, and parenting.
"Person" means any individual, firm, corporation, partnership,
organization, or body politic.
"Practice of marriage and family therapy" means the rendering of
marriage and family therapy services to individuals, couples, and families
as defined in this Section, either singly or in groups, whether the
services are offered directly to the general public or through
organizations, either public or private, for a fee, monetary or otherwise.
"Secretary" means the Secretary of Financial and Professional Regulation.
"Title or description" means to hold oneself out as a licensed marriage
and family therapist or an associate licensed marriage and family therapist
to the public by means of stating on signs,
mailboxes, address plates, stationery, announcements, calling cards or
other instruments of professional identification.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/10.5) (Section scheduled to be repealed on January 1, 2027) Sec. 10.5. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the | ||
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(2) inform the Department of any change of address of | ||
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(Source: P.A. 100-372, eff. 8-25-17.) |
(225 ILCS 55/15) (from Ch. 111, par. 8351-15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Exemptions.
(a) Nothing contained in this Act shall restrict any person not licensed
under this Act from performing marriage and family therapy if that person
does not represent himself or herself as a "licensed marriage and family
therapist" or an "associate licensed marriage and family therapist".
(b) Nothing in this Act shall be construed as permitting persons
licensed as marriage and family therapists and associate licensed marriage and family therapists to engage in any manner in the
practice of medicine as defined in the laws of this State.
(c) Nothing in this Act shall be construed to prevent qualified members
of other professional groups, including but not limited to
clinical psychologists, social workers, counselors, attorneys at law, or
psychiatric nurses, from performing or advertising that they perform the
work of a marriage and family therapist consistent with the laws of this
State, their training, and any code of ethics of their respective
professions, provided they do not represent themselves by any title or
description as a licensed marriage and family therapist or an associate
licensed marriage and family therapist.
(d) Nothing in this Act shall be construed to prevent any person from
the bona fide practice of the doctrines of an established church or
religious denomination if the person does not hold himself or herself out
to be a licensed marriage and family therapist or an associate licensed
marriage and family therapist.
(e) Nothing in this Act shall prohibit self-help groups or programs or
not-for-profit organizations from providing services so long as these
groups, programs, or organizations do not hold themselves out as practicing
or being able to practice marriage and family therapy.
(f) This Act does not prohibit:
(1) A person from practicing marriage and family | ||
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(2) A person from practicing marriage and family | ||
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(3) A person from practicing marriage and family | ||
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(4) A person licensed in this State under any other | ||
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(5) A person from practicing marriage and family | ||
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(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/20) (from Ch. 111, par. 8351-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 20. Powers and duties of the Department. Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers, and duties:
(a) Conduct or authorize examinations to ascertain | ||
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(b) Adopt rules required for the administration of | ||
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(b-5) Prescribe forms to be issued for the | ||
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(c) Conduct hearings on proceedings to refuse to | ||
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(d) Conduct investigations related to possible | ||
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The Board may make recommendations on matters relating to continuing
education, including the number of hours necessary for license renewal, waivers
for those unable to meet the requirements, and acceptable course content.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/25) (from Ch. 111, par. 8351-25)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25. Marriage and Family Therapy Licensing and Disciplinary Board.
(a) The Secretary shall appoint a Marriage and
Family Therapy Licensing and Disciplinary Board. The Board shall be composed of 7 persons who shall serve in an
advisory capacity to the Secretary. The Board shall annually elect a chairperson and a
vice chairperson.
(b) In appointing members of the Board, the Secretary
shall give due
consideration to recommendations by members of the profession of marriage
and family therapy and by the statewide organizations solely representing
the interests of marriage and family therapists.
(c) Five members of the Board shall be marriage and family
therapists who have been in active practice for at least 5 years immediately
preceding their appointment, or engaged in the education and training of
masters, doctoral, or post-doctoral students of marriage and family
therapy,
or engaged in marriage and family therapy research. Each marriage or
family therapy teacher or researcher shall have spent the majority of the
time devoted to the study or research of marriage and family therapy during
the 2 years immediately preceding his or her appointment to the Board. The appointees shall be licensed under this Act.
(d) Two members shall be representatives of the general public who have no
direct affiliation or work experience with the practice of marriage and
family therapy and who clearly represent consumer interests.
(e) Board members shall
be appointed for terms 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 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.
(f) The membership of the Board shall reasonably reflect representation
from the various geographic areas of the State.
(g) Members of the Board shall have no liability in any action based
upon any disciplinary proceedings or other activities performed in good
faith as members of the Board.
(h) The Secretary
may remove any member of the Board for any cause that,
in the opinion of the Secretary, reasonably justifies termination.
(i) The Secretary
may consider the recommendations of the
Board on questions of standards of professional conduct, discipline, and
qualification of candidates or licensees under this Act.
(j) The members of the Board shall be reimbursed for all legitimate,
necessary, and authorized expenses.
(k) 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 exercise all the rights and perform all the duties of the Board.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/30) (from Ch. 111, par. 8351-30)
(Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Application.
(a) Applications for original licensure shall be made to the Department
in writing on forms or electronically as prescribed by the Department and shall be accompanied
by the appropriate documentation and the required fee, which shall not be refundable. Any application shall require such information as, in the
judgment of the Department, will enable the Department to pass on the
qualifications of the applicant for licensing.
(b) Applicants have 3 years from the date of application to complete the
application process. If the application 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.
(c) A license shall not be denied to an applicant because of the applicant's
race, religion, creed, national origin, political beliefs or activities, age,
sex, sexual orientation, or physical disability that does not affect a person's ability to practice with reasonable judgment, skill, or safety.
(Source: P.A. 100-372, eff. 8-25-17.)
(Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2027) Sec. 30. Application. (a) Applications for original licensure shall be made to the Department in writing on forms or electronically as prescribed by the Department and shall be accompanied by the appropriate documentation and the required fee, which shall not be refundable. Any application shall require such information as, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for licensing. (b) Applicants have 3 years from the date of application to complete the application process. If the application 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. (c) A license shall not be denied to an applicant because of the applicant's race, religion, creed, national origin, real or perceived immigration status, political beliefs or activities, age, sex, sexual orientation, or physical disability that does not affect a person's ability to practice with reasonable judgment, skill, or safety.(Source: P.A. 103-715, eff. 1-1-25.) |
(225 ILCS 55/32)
(Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2027)
Sec. 32. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2027) Sec. 32. Social Security Number or individual taxpayer identification number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number or individual taxpayer identification number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number. (Source: P.A. 103-715, eff. 1-1-25.) |
(225 ILCS 55/35) (from Ch. 111, par. 8351-35)
(Text of Section before amendment by P.A. 103-708)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35.
Examinations.
(a) The Department shall authorize examinations of applicants as
licensed marriage and family therapists at such times and places as it
may determine. The examination of applicants shall be of a character to
give a fair test of the qualifications of the applicant to practice marriage
and family therapy.
(b) Applicants for examination as marriage and family therapists shall be
required to pay, either to the Department or the designated testing
service, a fee covering the cost of providing the examination.
(c) The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 87-783; 87-1237.)
(Text of Section after amendment by P.A. 103-708) (Section scheduled to be repealed on January 1, 2027) Sec. 35. Examinations. (a) The Department shall authorize examinations of applicants as licensed marriage and family therapists at such times and places as it may determine. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice marriage and family therapy. (b) Applicants for examination as marriage and family therapists shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. (c) The Department may employ consultants for the purpose of preparing and conducting examinations. (d) The Department shall, upon good faith application and the submission of any required documentation and fees, approve all examination applications and notify the relevant testing authorities of the applicant's authorization to take the exam. Approval to take the examination is not approval of the application. (Source: P.A. 103-708, eff. 1-1-25.)
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(225 ILCS 55/40) (from Ch. 111, par. 8351-40)
(Section scheduled to be repealed on January 1, 2027)
Sec. 40. Qualifications for licensure.
(a) A person is qualified for licensure as a marriage and family therapist
if that person:
(1) is at least 21 years of age;
(2) has applied in writing on forms prepared and | ||
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(3) (blank);
(4) (blank);
(5) satisfies the education and experience | ||
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(6) passes a written examination authorized by the | ||
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(b) Any person who applies to the Department shall be issued a marriage
and family therapist license by
the Department if the person meets the qualifications set forth in subsection
(a) of this Section and provides evidence to the Department that the person:
(1) holds a master's or doctoral degree in marriage | ||
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(2) following the receipt of the first qualifying | ||
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(3) has completed at least 200 hours of supervision | ||
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(c) Any person who applies to the Department shall be issued a temporary
license as an associate licensed marriage and family therapist by the Department if the
person meets the qualifications set forth in subsection (a)(1), (2), and (4) of
this Section and provides evidence to the Department that the person meets the
qualifications set forth in subsection (b)(1) of this Section. A person granted licensure as an associate licensed marriage and family therapist is eligible to sit for the written examination specified in paragraph (6) of subsection (a) of this Section. The license as
an associate licensed marriage and family therapist shall not be valid for more
than 5 years.
An associate licensed marriage and family therapist may not practice
independently and must be clinically supervised by a licensed marriage and
family therapist or equivalent as defined by rule.
An associate licensed marriage and family therapist may petition the
Department for a marriage and family therapist license upon completion of the
requirements in subsections (a) and (b).
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/45) (from Ch. 111, par. 8351-45)
(Section scheduled to be repealed on January 1, 2027)
Sec. 45. Licenses; renewals; restoration; person in military service.
(a) The expiration date and renewal period for each license issued under
this Act shall be set by rule. As a condition for renewal of a license, the
licensee shall be required to complete continuing education under requirements
set forth in rules of the Department.
(b) Any person who has permitted his or her license to expire may have his
or her
license restored by making application to the Department and filing
proof acceptable to the Department of fitness to have his or her license
restored, which may include sworn evidence certifying to active practice in
another jurisdiction satisfactory to the Department, complying with any
continuing education requirements, and paying the required restoration fee.
(c) If the person has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Board shall determine, by
an evaluation program established by rule, the person's fitness to resume
active status and may require the person to complete a period of evaluated
clinical experience and successful completion of a practical examination.
However, any person whose license expired while he or she has been engaged (i) in federal
service on active duty with the Armed Forces of the United States or
called into service or training with the State Militia, or (ii) in training
or education under the supervision of the United States preliminary to
induction into the military service may have his or her license renewed or
restored without paying any lapsed renewal fees if, within 2 years after
honorable termination of the service, training or education, except under
condition other than honorable, he or she furnishes the Department with
satisfactory evidence to the effect that he or she has been so engaged and that
the service, training, or education has been so terminated.
(d) Any person who notifies the Department, in writing on forms
prescribed by the Department, may place his or her license on inactive
status and shall be excused from the payment of renewal fees until the
person notifies the Department in writing of the intention to resume
active practice.
(e) Any person requesting his or her license be changed from inactive to
active status shall be required to pay the current renewal fee and shall
also demonstrate compliance with the continuing education requirements.
(f) Any marriage and family therapist or associate licensed marriage and family
therapist whose license is nonrenewed or on inactive status shall not engage
in the practice of marriage and family therapy in the State of Illinois and use
the title or advertise that he or she performs the services of a "licensed
marriage and family therapist" or an "associate licensed marriage and family
therapist".
(g) Any person violating subsection (f) of this Section shall be
considered to be practicing without a license and will be subject to the
disciplinary provisions of this Act.
(h) (Blank).
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/50) (from Ch. 111, par. 8351-50)
Sec. 50.
(Repealed).
(Source: P.A. 87-1237. Repealed by P.A. 90-61, eff. 12-30-97.)
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(225 ILCS 55/55) (from Ch. 111, par. 8351-55)
(Section scheduled to be repealed on January 1, 2027)
Sec. 55.
Fees.
(a) Except as provided in subsection (c), the fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration, shall be set by
rule of the Department. The fees shall be nonrefundable.
(b) (Blank).
(c) In addition to the application fee, applicants for the
examination
are required to pay, either to the Department or the designated
testing service, a fee covering the cost of determining an applicant's
eligibility and providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place specified, after
the applicant's application and fee for examination have been received and
acknowledged by the Department or the designated testing service, shall
result in the forfeiture of the fee.
(Source: P.A. 90-61, eff. 12-30-97.)
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(225 ILCS 55/56)
(Section scheduled to be repealed on January 1, 2027)
Sec. 56.
Deposit of fees and fines.
All of the fees and
fines collected under this Act shall be deposited into the General Professions
Dedicated Fund.
(Source: P.A. 88-683, eff. 1-24-95.)
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(225 ILCS 55/60) (from Ch. 111, par. 8351-60)
(Section scheduled to be repealed on January 1, 2027)
Sec. 60. Payments; penalty for 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
prohibiting 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
after 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, 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. 95-703, eff. 12-31-07.)
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(225 ILCS 55/65) (from Ch. 111, par. 8351-65) (Text of Section before amendment by P.A. 103-955) (Section scheduled to be repealed on January 1, 2027) Sec. 65. Endorsement. The Department may issue a license as a
licensed marriage and family therapist, without the required examination,
to an applicant licensed under the laws of another state if the
requirements for licensure in that state are, on the date of licensure,
substantially equivalent to the requirements of this Act or to a person who, at
the time of his or her application for licensure, possessed individual
qualifications that were
substantially equivalent to the requirements then in force in this State. An
applicant under
this Section shall pay all of the required fees. An individual applying for licensure as a licensed marriage and family therapist 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, professional experience, and supervision required in Section 40. 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. Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within the 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.) (Text of Section after amendment by P.A. 103-955) (Section scheduled to be repealed on January 1, 2027) Sec. 65. Endorsement. The Department may issue a license as a licensed marriage and family therapist, without the required examination, to an applicant licensed under the laws of another state if the requirements for licensure in that state are, on the date of licensure, substantially equivalent to the requirements of this Act or to a person who, at the time of his or her application for licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. An applicant under this Section shall pay all of the required fees. An individual applying for licensure as a licensed marriage and family therapist who has been licensed without discipline at the independent level in another United States jurisdiction for at least 30 months during the 5 consecutive years preceding application is not required to submit proof of completion of the education, professional experience, and supervision required in Section 40. Individuals meeting this requirement 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. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 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; 103-955, eff. 1-1-25.) |
(225 ILCS 55/70) (from Ch. 111, par. 8351-70)
(Section scheduled to be repealed on January 1, 2027)
Sec. 70. Privileged communications and exceptions.
(a) No licensed marriage and family therapist or associate licensed marriage and
family therapist shall disclose any
information acquired from persons consulting the marriage and family
therapist or associate licensed marriage and family therapist in a professional
capacity, except that which may be voluntarily
disclosed under the following circumstances:
(1) In the course of formally reporting, conferring, | ||
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(2) With the written consent of the person who | ||
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(3) In case of death or disability, with the written | ||
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(4) When a communication reveals the intended | ||
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(5) When the person waives the privilege by bringing | ||
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(b) Any person having access to records or any one who participates in
providing marriage and family therapy services or who, in providing any
human services, is supervised by a licensed marriage and family therapist,
is similarly bound to regard all information and communications as
privileged in accord with this Section.
(c) The Mental Health and Developmental Disabilities Confidentiality Act
is incorporated in this Act as if all of its provisions were included in
this Act.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/75) (from Ch. 111, par. 8351-75)
(Section scheduled to be repealed on January 1, 2027)
Sec. 75. License restrictions and limitations. No business organization shall provide, attempt to provide, or offer to provide marriage and family therapy services unless every member, partner, shareholder, director, officer, holder of any other ownership interest, agent, and employee who renders marriage and family therapy services holds a currently valid license issued under this Act. No business shall be created that (1) has a stated purpose that includes marriage and family therapy, or (2) practices or holds itself out as available to practice
marriage and family therapy, unless it is organized under the Professional
Service Corporation Act or Professional Limited Liability Company Act. 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.
(Source: P.A. 99-227, eff. 8-3-15; 100-372, eff. 8-25-17.)
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(225 ILCS 55/80) (from Ch. 111, par. 8351-80)
(Section scheduled to be repealed on January 1, 2027)
Sec. 80. Roster. The Department shall maintain a roster of names and
addresses of all persons who hold valid licenses under this Act. This
roster shall be available upon request and payment of the required fee.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license, or may revoke, suspend, reprimand, place on probation, or take any other
disciplinary or non-disciplinary action as the Department may deem proper, 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
combination of the following grounds:
(1) Material misstatement in furnishing information | ||
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(2) Violation of any provision of this Act or its | ||
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(3) Conviction of or entry of a plea of guilty or | ||
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(4) Fraud or misrepresentation in applying for or | ||
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(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating | ||
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(8) Failing, within 60 days, to provide information | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or abuse of drugs | ||
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(11) Discipline by another jurisdiction if at least | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Department that the licensee, | ||
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(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or | ||
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(16) Willfully failing to report an instance of | ||
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(17) Being named as a perpetrator in an indicated | ||
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(18) Physical illness or mental illness or | ||
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(19) Solicitation of professional services by using | ||
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(20) A pattern of practice or other behavior that | ||
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(21) Practicing under a false or assumed name, except | ||
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(22) Gross, willful, and continued overcharging for | ||
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(23) Failure to establish and maintain records of | ||
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(24) Cheating on or attempting to subvert the | ||
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(25) Willfully failing to report an instance of | ||
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(26) Being named as an abuser in a verified report by | ||
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(b) (Blank).
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission, as provided in the Mental
Health and Developmental Disabilities Code, operates as an automatic
suspension. The suspension will terminate only upon a finding by a 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 recommendation of the Board to the Secretary
that the
licensee be allowed to resume his or her practice as a licensed marriage
and family therapist or an associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend the license of any
person who 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 Illinois Department of
Revenue, until the time the requirements of the tax Act are satisfied.
(d-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 the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based solely upon the
marriage and family therapist or associate licensed marriage
and family therapist 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. (d-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 marriage and family therapist or associate
licensed marriage and family therapist based upon the marriage
and family therapist's or associate licensed marriage and
family therapist's license being revoked or suspended, or the
marriage and family therapist or associate licensed marriage
and family therapist being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the marriage and family
therapist or associate licensed marriage and family therapist
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 marriage
and family therapist or an associate licensed marriage and family
therapist practicing in Illinois. (d-15) The conduct specified in subsections (d-5) or (d-10)
shall not constitute grounds for suspension under Section 145. (d-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. (e) In enforcing this Section, the Department or Board upon a showing of a
possible
violation may compel an individual 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. 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, licensed marriage and family therapists, 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 and evaluation 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. The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department or Board may order the examining physician or any member of the multidisciplinary team to
present
testimony concerning the 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. The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. However, that physician shall be present only to observe and may not interfere in any way with the examination. Failure of an individual to submit to a mental
or
physical examination, when ordered, shall result in an automatic suspension of his or
her
license until the individual submits to the examination.
If the Department or Board finds an individual unable to practice because of
the
reasons
set forth in this Section, the Department or Board may require that individual
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 individual.
An individual 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 individual shall have his or her license
suspended immediately, pending a hearing by the Department.
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
individual'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.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department or Board that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(f) A fine 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. (g) 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.)
(Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2027) Sec. 85. Refusal, revocation, or suspension. (a) The Department may refuse to issue or renew a license, or may revoke, suspend, reprimand, place on probation, or take any other disciplinary or non-disciplinary action as the Department may deem proper, 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 combination of the following grounds: (1) Material misstatement in furnishing information | ||
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(2) Violation of any provision of this Act or its | ||
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(3) Conviction of or entry of a plea of guilty or | ||
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(4) Fraud or misrepresentation in applying for or | ||
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(5) Professional incompetence. (6) Gross negligence in practice under this Act. (7) Aiding or assisting another person in violating | ||
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(8) Failing, within 60 days, to provide information | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or abuse of drugs | ||
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(11) Discipline by another jurisdiction if at least | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Department that the licensee, | ||
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(14) Abandonment of a patient without cause. (15) Willfully making or filing false records or | ||
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(16) Willfully failing to report an instance of | ||
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(17) Being named as a perpetrator in an indicated | ||
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(18) Physical illness or mental illness or | ||
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(19) Solicitation of professional services by using | ||
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(20) A pattern of practice or other behavior that | ||
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(21) Practicing under a false or assumed name, except | ||
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(22) Gross, willful, and continued overcharging for | ||
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(23) Failure to establish and maintain records of | ||
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(24) Cheating on or attempting to subvert the | ||
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(25) Willfully failing to report an instance of | ||
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(26) Being named as an abuser in a verified report by | ||
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(b) (Blank). (c) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. The suspension will terminate only upon a finding by a 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 recommendation of the Board to the Secretary that the licensee be allowed to resume his or her practice as a licensed marriage and family therapist or an associate licensed marriage and family therapist. (d) The Department shall refuse to issue or may suspend the license of any person who 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 Illinois Department of Revenue, until the time the requirements of the tax Act are satisfied. (d-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 the license or permit issued under this Act to practice as a marriage and family therapist or associate licensed marriage and family therapist based solely upon the marriage and family therapist or associate licensed marriage and family therapist 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. (d-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 marriage and family therapist or associate licensed marriage and family therapist based upon the marriage and family therapist's or associate licensed marriage and family therapist's license being revoked or suspended, or the marriage and family therapist or associate licensed marriage and family therapist being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely on the marriage and family therapist or associate licensed marriage and family therapist 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 marriage and family therapist or an associate licensed marriage and family therapist practicing in Illinois. (d-15) The conduct specified in subsection (d-5), (d-10), (d-25), or (d-30) shall not constitute grounds for suspension under Section 145. (d-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. (d-25) The Department may 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 marriage and family therapist or associate licensed marriage and family therapist based solely upon an immigration violation by the marriage and family therapist or associate licensed marriage and family therapist. (d-30) The Department may 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 marriage and family therapist or associate licensed marriage and family therapist based upon the marriage and family therapist's or associate licensed marriage and family therapist's license being revoked or suspended, or the marriage and family therapist or associate licensed marriage and family therapist being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely upon an immigration violation by the marriage and family therapist or associate licensed marriage and family therapist. (e) In enforcing this Section, the Department or Board upon a showing of a possible violation may compel an individual 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. 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, licensed marriage and family therapists, 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 and evaluation 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. The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department or Board may order the examining physician or any member of the multidisciplinary team to present testimony concerning the 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. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. However, that physician shall be present only to observe and may not interfere in any way with the examination. Failure of an individual to submit to a mental or physical examination, when ordered, shall result in an automatic suspension of his or her license until the individual submits to the examination. If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board may require that individual 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 individual. An individual 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 individual shall have his or her license suspended immediately, pending a hearing by the Department. 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 individual'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. An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (f) A fine 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. (g) 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; 103-715, eff. 1-1-25.) |
(225 ILCS 55/87) (Section scheduled to be repealed on January 1, 2027) Sec. 87. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(225 ILCS 55/90) (from Ch. 111, par. 8351-90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Violations; injunctions; cease and desist order.
(a) If any person violates a provision of this Act, the Secretary
may, in
the name of the People of the State of Illinois, through the Attorney
General of the State of Illinois, petition for an order enjoining the
violation or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the person has
violated or is violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this Section are in addition to,
and not in lieu of, all other remedies and penalties provided by this Act.
(b) If any person practices as a marriage and family therapist or an
associate marriage and family therapist or
holds himself or herself out as such without having a valid license
under this Act, then any licensee, any interested party or any person
injured thereby may, in addition to the Secretary, petition for relief as
provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any 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 him or her. The
rule shall clearly set forth the grounds relied upon by the Department and
shall provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease and desist to
be issued immediately.
(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/91) (Section scheduled to be repealed on January 1, 2027) Sec. 91. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a licensed marriage and family therapist or an associate licensed marriage and family therapist without being licensed 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 and all 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. 100-372, eff. 8-25-17.) |
(225 ILCS 55/95) (from Ch. 111, par. 8351-95)
(Section scheduled to be repealed on January 1, 2027)
Sec. 95. Investigation; notice and hearing. (a) The Department may investigate
the actions or qualifications of any person or persons holding or claiming to
hold a license under this Act. (b) The Department shall, before disciplining an applicant or licensee, at least 30 days before the date set for the hearing,
(i)
notify the accused in writing of any charges made and the time and place for a
hearing on the charges, (ii) direct him or her to file a
written answer to the charges under oath within 20 days after
the service on him or her of such 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) 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 pertinent statements, testimony, evidence, and arguments. The Board or hearing officer may continue the hearing from time to time. In case the person,
after receiving notice, fails to file an answer, his or her license may, in the
discretion of the Secretary having first received the recommendation of the Board,, be suspended, revoked,
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 a hearing, if the act or
acts charged constitute sufficient grounds for such action under this Act.
(d) Written or electronic
notice, and any notice in the subsequent proceeding, may be served by personal
delivery, email, or by mail to the
applicant or licensee at his or her address of record or email address of record.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/100) (from Ch. 111, par. 8351-100)
(Section scheduled to be repealed on January 1, 2027)
Sec. 100. Record of proceeding. The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case. The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders of the
Department shall be in the record of the proceedings. The Department shall
furnish a copy of the record to any person interested in the hearing upon
payment of the fee required under Section 2105-115 of the
Department of Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/105) (from Ch. 111, par. 8351-105)
(Section scheduled to be repealed on January 1, 2027)
Sec. 105. Subpoenas; oaths; attendance of witnesses. The Department has the power to subpoena and to bring before it
any person and to take testimony either orally or by deposition, or both,
with the same fees and mileage and in the same manner as prescribed in
civil cases in the courts of this State.
The Secretary, the designated hearing officer, and every member of the
Board has power to administer oaths to witnesses at any hearing that
the Department is authorized to conduct and any other oaths authorized in
any Act administered by the Department. Any circuit court may, upon application
of the Department or its designee, or of the applicant or licensee against whom
proceedings under this Act are pending, enter an order requiring the attendance
of witnesses and their testimony, and the production of documents, papers,
files, books and records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/110) (from Ch. 111, par. 8351-110)
(Section scheduled to be repealed on January 1, 2027)
Sec. 110. Recommendations for disciplinary action. At the
conclusion of the hearing, the Board shall present to the Secretary
a
written report of its findings and recommendations. The report shall contain
a finding whether or not the accused person violated this Act or failed
to comply with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and shall make
its recommendations to the Secretary.
The report of findings and recommendations of the Board shall be the
basis for the Department's order for refusal or for the granting of a
license, or for any disciplinary action, unless the Secretary
shall
determine that the Board's report is contrary to the manifest weight of the
evidence, in which case the Secretary
may issue an order in contravention of
the Board's report. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of this Act, but
the hearing and finding are not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/115) (from Ch. 111, par. 8351-115)
(Section scheduled to be repealed on January 1, 2027)
Sec. 115. Hearing; motion for rehearing. (a) The Board or the hearing officer appointed by the Secretary shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. If the Board fails to present its report, the applicant or licensee may request in writing a direct appeal to the Secretary, in which case the Secretary may issue an order based upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order. (b) At the conclusion of the hearing, a copy of the Board's or hearing officer's report shall be
served upon the applicant or licensee by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20 calendar days
after service, the applicant or licensee may present to the Department a motion in writing
for a rehearing that shall specify the particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no
motion for rehearing is filed, then upon the expiration of the time specified
for filing a motion, or upon denial of a motion for rehearing,
the Secretary
may enter an order in accordance with recommendations of the
Board or hearing officer. If the applicant or licensee orders from the
reporting service, and pays for, a transcript of the record within the time for
filing a motion for rehearing, the 20 calendar day period within which a motion
may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the report of the Board, the Secretary may issue an order contrary to the report. (d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer. (e) At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary. (Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/120) (from Ch. 111, par. 8351-120)
(Section scheduled to be repealed on January 1, 2027)
Sec. 120. Hearing by other hearing officer. Whenever the Secretary
is not
satisfied that substantial justice has been done in the revocation,
suspension or refusal to issue or renew a license, the Secretary
may
order a rehearing by the same or other hearing officer.
(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/125) (from Ch. 111, par. 8351-125)
(Section scheduled to be repealed on January 1, 2027)
Sec. 125. 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 findings of fact, conclusions of law, and recommendations to the Board and the
Secretary.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/130) (from Ch. 111, par. 8351-130)
(Section scheduled to be repealed on January 1, 2027)
Sec. 130. Order; certified copy. An order or a certified copy thereof,
over the seal of the Department and purporting to be signed by the
Secretary, shall be prima facie proof:
(a) that the signature is the genuine signature of | ||
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(b) that the Secretary is duly appointed and | ||
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(c) that the Board and its members are qualified to | ||
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(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/135) (from Ch. 111, par. 8351-135)
(Section scheduled to be repealed on January 1, 2027)
Sec. 135. 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 a 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 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. 100-372, eff. 8-25-17.)
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(225 ILCS 55/140) (from Ch. 111, par. 8351-140)
(Section scheduled to be repealed on January 1, 2027)
Sec. 140.
License surrender.
Upon the revocation or suspension of
any license, the licensee shall immediately surrender the license to the
Department. If the licensee fails to do so, the Department has the right to
seize the license.
(Source: P.A. 87-783.)
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(225 ILCS 55/145) (from Ch. 111, par. 8351-145)
(Section scheduled to be repealed on January 1, 2027)
Sec. 145. Summary suspension. The Secretary
may summarily suspend the
license of a marriage and family therapist or an associate licensed marriage and
family therapist without a hearing, simultaneously
with the institution of proceedings for a hearing provided for in this Act, if
the Secretary
finds that evidence in his or her possession indicates that a
marriage and family therapist's or associate licensed marriage and family
therapist's continuation in practice would constitute an
imminent danger to the public. In the event that the Secretary
summarily
suspends the license of a marriage and family therapist or an associate licensed
marriage and family therapist without a hearing, a
hearing by the Board or Department must be held within 30 calendar days after the suspension
has occurred.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/150) (from Ch. 111, par. 8351-150)
(Section scheduled to be repealed on January 1, 2027)
Sec. 150. Administrative review. All final administrative decisions of the
Department are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides; but
if the party is not a resident of this State, the venue shall be in
Sangamon County.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/155) (from Ch. 111, par. 8351-155)
(Section scheduled to be repealed on January 1, 2027)
Sec. 155. Certification of records. The Department shall
not be required to certify any record to the court or file any answer in
court or otherwise appear in any court in a judicial review proceeding,
unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file such receipt in
Court shall be grounds for dismissal of the action.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/156) (Section scheduled to be repealed on January 1, 2027) Sec. 156. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department shall not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 99-227, eff. 8-3-15; 100-372, eff. 8-25-17.) |
(225 ILCS 55/160) (from Ch. 111, par. 8351-160)
(Section scheduled to be repealed on January 1, 2027)
Sec. 160.
Violations; penalties.
Any person who is found to have violated
any provision of this Act is guilty of a Class A misdemeanor for the first
offense, and a Class 4 felony for second and subsequent offenses.
(Source: P.A. 87-783; 87-1237.)
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(225 ILCS 55/165) (from Ch. 111, par. 8351-165)
(Section scheduled to be repealed on January 1, 2027)
Sec. 165. Illinois Administrative Procedure Act. The Illinois
Administrative
Procedure Act is expressly adopted and incorporated in this Act as if all
of the provisions of that Act were included in this Act, except that the
provision of paragraph (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at hearings the
license holder has the right to show compliance with all
lawful
requirements for retention, continuation or renewal of the license,
is
specifically excluded.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/170) (from Ch. 111, par. 8351-170)
(Section scheduled to be repealed on January 1, 2027)
Sec. 170. Home rule. The regulation and licensing of marriage and family
therapists and associate licensed marriage and family therapists are exclusive
powers and functions of the State. A home
rule unit may not regulate or license marriage and family therapists or
associate marriage and family therapists.
This Section is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 100-372, eff. 8-25-17.)
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(225 ILCS 55/200) (from Ch. 111, par. 8351-200)
(Section scheduled to be repealed on January 1, 2027)
Sec. 200.
This Act takes effect January 1, 1992.
(Source: P.A. 87-783.)
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