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91_HB0277
LRB9101224ACcdA
1 AN ACT in relation to the licensure of employee
2 assistance professionals.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short Title. This Act may be cited as the
6 Employee Assistance Professional Licensing Act.
7 Section 5. Declaration of public policy. The practice
8 of employee assistance is hereby declared to affect public
9 health, safety, and welfare and is subject to regulation in
10 the public interest. The purpose of this Act is to establish
11 standards for those who seek to obtain a license and hold the
12 title of employee assistance professional, to promote high
13 standards for those licensed to practice employee assistance,
14 and to protect the public from persons who are unauthorized
15 or unqualified to represent themselves as licensed employee
16 assistance professionals and from unprofessional conduct by
17 persons licensed as employee assistance professionals.
18 Section 10. Definitions. As used in this Act:
19 "Board" means the Illinois Employee Assistance
20 Professional Licensing and Disciplinary Board.
21 "CEAP" means a certified employee assistance professional
22 qualified by the Employee Assistance Certification
23 Commission.
24 "Department" means the Department of Professional
25 Regulation.
26 "Director" means the Director of Professional Regulation.
27 "EACC" means the Employee Assistance Certification
28 Commission.
29 "Employee client" or "client" means a person receiving
30 employee assistance services.
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1 "Employee assistance professional" or "EA professional"
2 means an individual who provides any 4 of the 7 core
3 technologies utilized in the employee assistance program on a
4 regular basis, regardless of whether the services are
5 provided incidentally to another primary function.
6 "Employee assistance" or "EA" means the providing of
7 employee assistance program services for remuneration, unless
8 such services are provided only incidentally to another
9 primary function.
10 "Employee assistance program" or "EAP" means a
11 worksite-based program that addresses work organization
12 productivity issues and employee problems affecting job
13 performance and ability to perform on the job. These services
14 may include without limitation core technology, which
15 includes the following:
16 (1) consultation with, training of, and assistance
17 to work organization leadership (managers, supervisors,
18 and union stewards) seeking to manage a troubled
19 employee, enhance the work environment, and improve
20 employee job performance and outreach to and education of
21 employees and their family members about availability of
22 EAP services;
23 (2) confidential and timely problem identification
24 and assessment services for employee clients with
25 personal concerns that may effect job performance;
26 (3) use of constructive confrontation, motivation,
27 and short-term intervention with employees to address
28 problems that affect job performance;
29 (4) referral of employee clients for diagnosis,
30 treatment, and assistance, plus case monitoring and
31 follow-up services;
32 (5) consultation with a work organization in
33 establishing and maintaining effective relationships with
34 treatment and other service providers and in managing
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1 provider contracts;
2 (6) consultation with a work organization to
3 encourage availability of and employee access to health
4 benefits covering medical and behavioral problems,
5 including without limitation alcoholism, drug abuse, and
6 mental and emotional disorders; and
7 (7) identification of the effect of EAP services on
8 the work organization and individual job performance.
9 "Licensed employee assistance professional" or "LEAP"
10 means an employee assistance professional who is licensed
11 under this Act.
12 "Work organization" means the employer of the EA
13 professional's employee client, the collective bargaining
14 organization of the EA professional's employee client, or any
15 representative of an employer or collective bargaining
16 organization.
17 Section 15. License required; exemptions.
18 (a) Nothing contained in this Act shall prohibit any
19 persons legally regulated in the State by any other Act from
20 engaging in the practice for which they are authorized,
21 providing they do not represent or hold themselves out as
22 licensed employee assistance professionals.
23 (b) Nothing contained in this Act shall limit the
24 activities and services of a student, intern, or resident in
25 employee assistance or the provision of employee assistance
26 program services who are seeking to fulfill education or
27 experience requirements for the purpose of qualifying for a
28 license under this Act, if the activities and services are
29 supervised by an individual licensed by this Act and the
30 student, intern, or resident is designated and identified by
31 such status. The activities and services of the student,
32 intern, or resident shall be for the purpose of obtaining
33 education or experience requirements for licensure under this
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1 Act and shall not exceed 18 months within a 24-month period.
2 An application for licensure shall be filed with the
3 Department by the student, intern, or resident within 12
4 months of the completion of the qualifying education or
5 experience if eligible to do so under Section 45 of this Act.
6 (c) Nothing in this Act shall limit the services of a
7 person not licensed under the provisions of this Act in the
8 employ of a federal, State, county, or municipal agency or
9 any other political subdivision providing services to the
10 public if (i) the services are part of the duties of a
11 salaried position, (ii) the services are performed solely on
12 behalf of the employer, and (iii) the person does not
13 represent or hold himself or herself out as a licensed
14 employee assistance professional.
15 (d) Nothing in this Act shall prohibit persons not
16 licensed under the provisions of this Act from engaging in
17 activities for self-help, volunteer, or not-for-profit
18 organizations, provided that they do not represent or hold
19 themselves out as licensed EA professionals.
20 (e) Nothing in this Act shall prohibit persons from
21 engaging in activities on behalf of a religious denomination
22 provided that they do not represent or hold themselves out as
23 licensed EA professionals.
24 (f) Nothing in the Act shall prohibit a person from
25 practicing as an EA professional if the person is an EA
26 professional regulated under the laws of another state or
27 territory of the United States or country and who has applied
28 in writing to the Department on forms prepared and furnished
29 by the Department with the applicable fee for licensure and
30 is qualified to receive licensure under Section 45 of this
31 Act. A person under this subsection may practice as an EA
32 professional until 180 days after the filing of the written
33 application or until withdrawal of the application, receipt
34 of a notice of intent to deny the application, or denial of
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1 the application by the Department.
2 Section 20. Powers and duties of the Department.
3 Subject to the provisions of this Act, the Department may:
4 (1) authorize the EACC (or its successors) to
5 conduct examinations to ascertain the qualifications of
6 those seeking application for licensure as EA
7 professionals;
8 (2) issue licenses to qualified applicants in
9 accordance with the provisions of this Act;
10 (3) conduct hearings or proceedings to discipline
11 or otherwise limit the privileges of licensure;
12 (4) promulgate rules and regulations required for
13 the administration of this Act;
14 (5) maintain rosters of the names and addresses of
15 all licensees and all persons who have been disciplined
16 under Section 75 of this Act within the previous calendar
17 year. These rosters shall be available upon written
18 request and payment of the required fee; and
19 (6) budget and appropriate monies to fully fund the
20 administration and enforcement of this Act.
21 Section 25. Employee Assistance Professional Licensing
22 and Disciplinary Board.
23 (a) The Director shall appoint an Employee Assistance
24 Professional Licensing and Disciplinary Board. The Board
25 shall consist of 7 persons who shall serve in an advisory
26 capacity to the Director. The Board shall elect a
27 chairperson. In appointing members of the Board, the
28 Director shall give substantial consideration to
29 recommendations by members of the profession and by the State
30 organizations solely representing the interest of employee
31 assistance professionals.
32 (b) Members shall be appointed for 4 year terms and
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1 until their successors are appointed and qualified; except,
2 initial appointees shall serve the following terms: 2
3 members shall be appointed to serve for 2 years, 2 shall be
4 appointed to serve for 3 years, and the remaining shall be
5 appointed to serve for 4 years and until their successors are
6 appointed and qualified.
7 (c) The Director may remove any member for cause at any
8 time prior to the expiration of his or her term.
9 (d) Members of the Board shall be reimbursed for all
10 legitimate, necessary, and authorized expenses incurred in
11 attending meetings of the Board.
12 (e) Members of the Board shall be immune from suit in
13 any action based upon disciplinary or other activities
14 performed in good faith as members of the Board.
15 (f) The Director shall give substantial consideration to
16 all recommendations of the Board.
17 (g) The Board may make recommendations on all matters
18 relating to continuing education based upon the criteria
19 established by the EACC.
20 Section 30. Application for original licenses.
21 Application for original licenses shall be made to the
22 Department on forms prescribed by the Department and
23 accompanied by the required fee, which is not refundable.
24 Applications shall contain such information as, in the
25 judgement of the Department, will enable the Department to
26 pass on the qualifications of the applicant for licensure.
27 Section 35. Examinations; failure or refusal to take
28 examination.
29 (a) The certification examination conducted by the EACC
30 shall be the accepted examination standard for licensure.
31 (b) An applicant who neglects, fails, or refuses to take
32 an examination or fails to pass an examination for licensure
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1 under this Act within 3 years of filing an application will
2 have the application denied. Thereafter, a new application
3 may be submitted with the required fee pursuant to the
4 requirements in force at the time of the new application.
5 (c) The Department may employ consultants for
6 examination purposes.
7 (d) The EACC shall provide the examination scores of all
8 applicants to the Department
9 Section 40. Practice defined.
10 (a) Except as provided in Section 15 of this Act, no
11 person shall practice as an employee assistance professional
12 in this State without benefit of a license issued in
13 accordance with this Act.
14 (b) A person engages in practice as an employee
15 assistance professional when he or she holds himself or
16 herself out to the public by means of title, description, or
17 identification utilizing the terms "licensed EA
18 professional", or "LEAP".
19 Section 45. Qualifications for licensure.
20 (a) A person is qualified for licensure as an employee
21 assistance professional and the Department shall issue a
22 license authorizing the practice of employee assistance to an
23 applicant who:
24 (1) is at least 21 years old;
25 (2) has applied in writing on forms prepared and
26 furnished by the Department and paid the required fee;
27 (3) has met the standards set by the EACC for a
28 certified employee assistance professional (CEAP). The
29 Board may adopt a rule waiving this requirement for
30 applications received within 12 months after the adoption
31 of rules promulgated to administer this Act from
32 individuals who on the effective date of this Act provide
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1 EA services or represent themselves as offering EA
2 services and are not CEAPs, but who nonetheless meet the
3 requirements for EACC certification; and
4 (4) has met such other requirements as the Board
5 may deem appropriate.
6 (b) A person shall also be qualified to be licensed as
7 an employee assistance professional and the Department shall
8 issue a license to practice to an applicant who:
9 (1) is licensed as an EA professional in another
10 State, federal jurisdiction, or foreign jurisdiction
11 whose licensure requirements include certification by the
12 EACC and are found in the discretion of the Board to be
13 substantially similar to those otherwise required for
14 licensure under this Act; and
15 (2) has completed the required application and paid
16 the required fee.
17 The Department shall issue a temporary license to any
18 such applicant upon receipt of application and payment of
19 fees. The temporary license shall be valid until such time as
20 a permanent license is issued, denied, or the application is
21 withdrawn.
22 Section 50. License renewal; restoration; military
23 service; inactive status.
24 (a) The expiration date and renewal period for licenses
25 issued under this Act shall be set by rule. The licensee may
26 renew a license during the 90-day period preceeding its
27 expiration date by paying the required fee and complying with
28 any continuing education requirements.
29 (b) Any person who has permitted his or her license to
30 expire or who has a license on inactive status may have it
31 restored by submitting an application to have the license
32 restored with the required fee to the Department and filing
33 proof of fitness, as defined by rule, including, if
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1 appropriate, evidence that is satisfactory to the Department
2 certifying the active practice of employee assistance in
3 another jurisdiction.
4 (c) Any person whose license has expired while on active
5 duty with the armed forces of the United States, while in
6 service or training with the State Militia, or while in
7 service or education under the supervision of the United
8 States government prior to induction into the military
9 service may have his or her license restored without fee
10 within 2 years of termination of such service, except under
11 conditions other than honorable discharge, upon the
12 Department being provided satisfactory evidence of service.
13 (d) Any EA professional who has not paid his or her
14 renewal fees or remains on inactive status shall not engage
15 in the practice of employee assistance or hold himself or
16 herself out as an EA professional. Any person violating this
17 subsection shall be considered to be practicing without a
18 license and subject to the disciplinary provisions of this
19 Act.
20 Section 55. Implementation; transitional periods.
21 (a) Until rules are promulgated for the administration
22 of this Act, the Department shall issue a temporary license
23 without examination to any person who demonstrates to the
24 Department that the person meets the qualifications of an
25 employee assistance professional as set forth in this Act.
26 (b) All temporary licenses issued pursuant to subsection
27 (a) of this Section shall expire upon publication of the
28 rules that administer this Act or by rule as determined by
29 the Department.
30 (c) A person holding a temporary license issued pursuant
31 to subsection (a) of this Section shall be issued a permanent
32 license upon filing an application and payment of required
33 fees, providing he or she remains qualified for licensure
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1 under the provisions of this Act.
2 Section 60. Fees. The fees imposed under this Act are
3 as follows and are not refundable:
4 (a) The fee for application for an employee assistance
5 professional license is $100.
6 (b) The fee for a temporary license is $100.
7 (c) The fee for the examination shall be designated by
8 the EACC.
9 (d) The fee for the renewal of a license is $60.
10 (e) The fee to restore a license that has been expired
11 for less than 5 years is $20 plus payment of all unpaid fees
12 for every year the license has been lapsed.
13 (f) The fee to restore a license that has been expired
14 for more than 5 years is $200.
15 (g) The fee for a duplicate or reprinted license is $20.
16 (h) The fee for the certification of a license for any
17 purpose is $20.
18 (i) The fee for rescoring an examination is $20 plus any
19 fee charged by EACC.
20 (j) The fee for a wall certificate showing the granting
21 of a license is the actual cost of producing the license.
22 (k) The fee for a roster of persons licensed as EA
23 professionals is the actual cost of producing the roster.
24 (l) The fee for application for licensure by endorsement
25 from another jurisdiction is $200.
26 Section 65. Returned checks; penalty for insufficient
27 funds. Any person who issues or delivers a check or other
28 payment to the Department that is returned to the Department
29 unpaid by the financial institution upon which it is drawn
30 shall pay to the Department, in addition to the amount
31 already owed to the Department, a fine of $50. If the person
32 practices without paying the renewal fee or issuance fee and
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1 the fines due, an additional fine of $100 shall be imposed.
2 The fines imposed in this Section are in addition to any
3 other discipline provided for in this Act for unlawful
4 practice. The Department shall notify the person that payment
5 of fees and fines shall be paid to the Department by
6 certified check or money order within 30 calendar days after
7 notification. If the person has failed to submit the
8 necessary remittance within 30 days from the date of the
9 notification, the Department shall automatically terminate
10 the license or deny the application without hearing. If the
11 person seeks a license after such a termination or denial, he
12 or she shall apply to the Department for restoration or
13 issuance of the license and pay all fees and fines due to the
14 Department. The Director may waive the fines due under this
15 Section in individual cases where the Director finds that the
16 fines would be unnecessarily burdensome.
17 Section 70. Confidentiality of records; privileged
18 communications; exemptions.
19 (a) No licensed employee assistance professional shall
20 disclose or be required to disclose any information acquired
21 from persons consulting the licensed employee assistance
22 professional in his or her professional capacity except that
23 which may be voluntarily disclosed under the following
24 circumstances:
25 (1) in the course of formally reporting,
26 conferring, or consulting with administrative superiors,
27 colleagues, consultants, or subordinates who share
28 professional responsibility; in which instance, all
29 recipients of the information are similarly bound to
30 regard the communication as privileged;
31 (2) with the written consent of the person who
32 provided the information;
33 (3) in the case of death, disability, or
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1 incapacity, with the written consent of a personal
2 representative or other person authorized to act on
3 behalf of that person; or
4 (4) when a communication reveals the intended
5 commission of a crime or harmful act and such disclosure,
6 in the judgment of the licensed employee assistance
7 professional, is necessary to protect persons or property
8 from a clear, imminent risk of serious mental or physical
9 harm or injury.
10 (b) When a person is a minor under the laws of the State
11 of Illinois and the information acquired by a licensed
12 employee assistance professional indicates that the minor was
13 the victim or subject of a crime, the licensed employee
14 assistance professional may be required to testify in any
15 judicial proceedings in which the commission of that crime is
16 the subject of inquiry and when, after in camera review of
17 the information that the licensed employee assistance
18 professional has acquired, the court determines that the
19 interests of the minor in having the information held
20 privileged are outweighed by the requirements of justice, the
21 need to protect the public safety, or the need to protect the
22 minor, except as provided under the Abused and Neglect Child
23 Reporting Act.
24 (c) Any person who has access to records or who
25 participates in providing employee assistance services or
26 who, in providing human services, is supervised by a licensed
27 employee assistance professional, is similarly bound to
28 regard all information and communications as privileged in
29 accordance with this Section.
30 (d) Nothing in this Section shall be construed to
31 prohibit a licensed employee assistance professional from
32 voluntarily testifying in court hearings concerning matters
33 of adoption, child abuse, child neglect, or other matters
34 pertaining to children, except as provided under the Abused
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1 and Neglected Child Reporting Act.
2 (e) The Mental Health and Developmental Disabilities
3 Confidentiality Act is incorporated herein as if all of its
4 provisions were included in this Act.
5 Section 75. Grounds for discipline.
6 (a) The Department may refuse to issue or renew, or may
7 revoke, suspend, place on probation, reprimand or take other
8 disciplinary or remedial action with regard to any license as
9 the Department deems appropriate, including the issuance of
10 fines not to exceed $1,000 for each violation, for any one or
11 more of the following:
12 (1) Fraud or deceit in obtaining or attempting to
13 obtain a license.
14 (2) A violation of this Act or its rules.
15 (3) Conviction of any crime under the laws of the
16 United States or any State or territory that is: (i) a
17 felony, (ii) a misdemeanor, an essential element of which
18 is dishonesty, or (iii) a crime related to the practice
19 of the profession.
20 (4) Professional incompetence or gross negligence.
21 (5) Malpractice.
22 (6) A finding by the Board that the licensee has
23 violated the Code of Professional Conduct for certified
24 employee assistance professionals promulgated by the
25 EACC.
26 (7) The licensee has had a certification suspended
27 or revoked by the EACC for unethical conduct, provided
28 the Board concludes that the action taken was consistent
29 with due process.
30 (8) Aiding or assisting another person in violating
31 any provision of this Act, including without limitation
32 practice without benefit of licensure.
33 (9) Engaging in dishonorable, unethical, or
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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public as defined by rule.
3 (10) Habitual or excessive use or addiction to
4 alcohol, narcotics, or any other chemical agent that
5 results in the inability to practice with reasonable
6 skill, safety, and judgment.
7 (11) Discipline by another jurisdiction if at least
8 one of the grounds for the discipline is the same or
9 substantially equivalent to those set forth in this Act.
10 (12) A finding by the Department that the licensee,
11 after having his or her license placed on probation, has
12 violated the terms of probation.
13 (13) Willfully failing to report an instance of
14 suspected child abuse or neglect as required by the
15 Abused and Neglected Child Reporting Act.
16 (14) Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 under the Abused and Neglected Child Reporting Act and
19 upon proof by clear and convincing evidence that the
20 licensee has caused a child to be abused or neglected as
21 defined in the Abused and Neglected Child Reporting Act.
22 (15) Physical or mental disability, including
23 deterioration through the aging process or loss of
24 abilities and skills which result in the inability to
25 practice the profession with skill, safety, and
26 judgement.
27 (b) The Department shall deny any application for a
28 license or renewal under this Act, without hearing, to any
29 person who has defaulted on an educational loan guaranteed by
30 the Illinois Student Assistance Commission; however, the
31 Department may issue a license or renewal if the person in
32 default has established a satisfactory repayment record as
33 determined by the Illinois Student Assistance Commission.
34 (c) The determination by a circuit court that a licensee
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1 is subject to involuntary admission or judicial admission as
2 provided in the Mental Health and Developmental Disabilities
3 Code operates as an automatic suspension. The suspension will
4 terminate only upon a finding by a court that the patient is
5 no longer subject to involuntary admission or judicial
6 admission and the issuance of an order so finding and
7 discharging the patient, and upon the recommendation of the
8 Board to the Director that the licensee be allowed to resume
9 his or her practice as a licensed employee assistance
10 professional.
11 (d) The Department may refuse to issue or may suspend
12 the license of any person who fails to (i) file a return,
13 (ii) pay the tax, penalty, or interest shown in a filed
14 return, or (iii) pay any final assessment of tax, penalty, or
15 interest as required by any tax Act administered by the
16 Illinois Department of Revenue until the requirements of the
17 tax Act are satisfied.
18 Section 80. Injunctions; cease and desist orders.
19 (a) If any person violates a provision of this Act, the
20 Director may, in the name of the people of the State of
21 Illinois, through the Attorney General, petition for an order
22 enjoining the violation or for an order enforcing compliance
23 with this Act. Upon the filing of a verified petition, the
24 court may issue a temporary restraining order, without notice
25 or bond, and may preliminarily and permanently enjoin the
26 violation. If it is established that the person has violated
27 or is violating the injunction, the Court may punish the
28 offender for contempt of court. Proceedings under this
29 Section are in addition to, and not in lieu of, all other
30 remedies and penalties provided by this Act.
31 (b) If any person practices as an employee assistance
32 professional or holds himself or herself out as such without
33 having a valid certificate under this Act, then any licensee,
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1 interested party, or person injured thereby may, in addition
2 to the Director, petition for relief as provided in
3 subsection (a) of this Section.
4 (c) Whenever, in the opinion of the Department, any
5 person violates any provision of this Act, the Department may
6 issue a rule to show cause why an order to cease and desist
7 should not be entered against him or her. The rule shall
8 clearly set forth the grounds relied upon by the Department
9 and shall provide a period of 7 days from the date of the
10 rule to file an answer to the satisfaction of the Department.
11 Failure to answer to the satisfaction of the Department shall
12 cause an order to cease and desist to be issued immediately.
13 Section 85. Investigation; notice and hearing. The
14 Department may investigate the actions or qualifications of
15 any person or persons holding or claiming to hold a license.
16 The Department shall, before suspending or revoking any
17 certificate of registration, at least 30 days prior to the
18 date set for the hearing, (i) notify the accused in writing
19 of any charges made and the time and place for the hearing of
20 the charges before the Board, (ii) direct the accused to file
21 a written answer to the Board within 20 days after the
22 service of such notice, and (iii) inform the accused that if
23 he or she fails to file an answer default will be taken
24 against him or her and his or her certificate of registration
25 may be suspended or revoked. This written notice may be
26 served by personal delivery or certified mail to the address
27 of his or her last notification to the Department. In case
28 the person fails to file an answer after receiving notice,
29 his or her license or certificate may, in the discretion of
30 the Department, be suspended, revoked, or placed on
31 probationary status or the Department may take disciplinary
32 action without a hearing, if the act or acts charged
33 constitute sufficient grounds for such action under this Act.
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1 The written answers shall be served by personal delivery,
2 certified delivery, or certified or registered mail to the
3 Department. At the time and place fixed in the notice, the
4 Department shall proceed to hear the charges and the parties
5 or their counsel shall be accorded ample opportunity to
6 present any statements, testimony, evidence, and argument as
7 may be pertinent to the charges or to the defense thereto.
8 The Board may continue such hearing from time to time. At the
9 discretion of the Director after having first received the
10 recommendation of the Board, the accused person's certificate
11 of registration may be suspended or revoked if the evidence
12 constitutes sufficient grounds for such action under this
13 Act.
14 Section 90. Record of proceeding. The Department, at
15 its expense, shall preserve a record of all proceedings at
16 the formal hearing of any case. The notice of hearing,
17 complaint, and other documents in the nature of pleadings and
18 written motions filed in the proceedings, the transcript of
19 testimony, the report of the Board, and orders of the
20 Department shall be in the record of the proceedings. The
21 Department shall furnish a transcript of the record to any
22 person interested in the hearing upon payment of the fee
23 required under Section 60f of the Civil Administrative Code
24 of Illinois.
25 Section 95. Subpoenas; oaths; attendance of witnesses.
26 The Department has the power to subpoena and to bring before
27 it any person and to take testimony either orally or by
28 deposition, or both, with the same fees and mileage and in
29 the same manner as prescribed in civil cases in the courts of
30 this State.
31 The Director, the designated hearing officer, and every
32 member of the Board has power to administer oaths to
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1 witnesses at any hearing that the Department is authorized to
2 conduct and any other oaths authorized in any Act
3 administered by the Department.
4 Any circuit court may, upon application of the Department
5 or its designees or the applicant or licensee against whom
6 proceedings under this Act are pending, enter an order
7 requiring the attendance of witnesses and their testimony,
8 and the production of documents, papers, files, books, and
9 records in connection with any hearing or investigation. The
10 court may compel obedience to its order by proceedings for
11 contempt.
12 Section 100. Recommendations for disciplinary action.
13 At the conclusion of the hearing, the Board shall present to
14 the Director a written report of its findings and
15 recommendations. The report shall contain a finding whether
16 or not the accused person violated this Act or failed to
17 comply with the conditions required in this Act. The Board
18 shall specify the nature of the violation or failure to
19 comply, and shall make its recommendations to the Director.
20 The report of findings and recommendations of the Board
21 shall be the basis for the Department's order for refusal of
22 or the granting of a license or for any disciplinary action,
23 unless the Director shall determine that the Board's report
24 is contrary to the manifest weight of the evidence, in which
25 case the Director may issue an order in contravention of the
26 Board's report. The finding is not admissible as evidence
27 against the person in a criminal prosecution brought for the
28 violation of this Act.
29 Section 105. Motion for rehearing. In any hearing
30 involving disciplinary action against a licensee, a copy of
31 the Board's report shall be served upon the respondent by the
32 Department either personally or as provided in this Act for
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1 the service of the notice of hearing. Within 20 calendar
2 days after service, the respondent may present to the
3 Department a motion in writing for a rehearing that shall
4 specify the particular grounds for rehearing. If no motion
5 for rehearing is filed, then upon the expiration of the time
6 specified for filing a motion, or if a motion for rehearing
7 is denied, then upon denial, the Director may enter an order
8 in accordance with recommendations of the Board, except as
9 provided in this Act. If the respondent orders from the
10 reporting service, and pays for, a transcript of the record
11 within the time for filing a motion for rehearing, the 20
12 calendar day period within which a motion may be filed shall
13 commence upon the delivery of the transcript to the
14 respondent.
15 Section 110. Rehearing. Whenever the Director is not
16 satisfied that substantial justice has been done in the
17 revocation, suspension, or refusal to issue or renew a
18 license the Director may order a rehearing by the same or
19 other examiners.
20 Section 115. Hearing officer. The Director has the
21 authority to appoint any attorney duly licensed to practice
22 law in the State of Illinois to serve as the hearing officer
23 in any action for refusal to issue or renew a license or to
24 discipline a licensee. The hearing officer has full
25 authority to conduct the hearing. The hearing officer shall
26 report his findings and recommendations to the Board and the
27 Director. The Board has 60 calendar days from receipt of the
28 report to review the report of the hearing officer and
29 present its findings of fact, conclusions of law, and
30 recommendations to the Director. If the Board fails to
31 present its report within the 60-day period, the Director may
32 issue an order based on the report of the hearing officer. If
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1 the Director disagrees with the recommendation of the Board
2 or the hearing officer, the Director may issue an order in
3 contravention of the recommendations.
4 Section 120. Order of Director. An order regarding any
5 disciplinary action or a certified copy thereof, over the
6 seal of the Department and purporting to be signed by the
7 Director, shall be prima facie proof that:
8 (a) the signature is the genuine signature of the
9 Director;
10 (b) the Director is duly appointed and qualified; and
11 (c) the Board and its members are qualified to act.
12 Section 125. Restoration of license. At any time after
13 the suspension or revocation of any license, the Department
14 may restore the license to an accused person, upon the
15 written recommendation of the Board, unless after an
16 investigation and hearing the Board determines that
17 restoration is not in the public interest.
18 Section 130. Surrender of license. Upon the revocation
19 or suspension of any license, the licensee shall immediately
20 surrender the license to the Department. If the licensee
21 fails to do so, the Department has the right to seize the
22 license.
23 Section 135. Summary suspension. The Director may
24 summarily suspend the license of an employee assistance
25 professional without a hearing, simultaneously with the
26 institution of proceedings for a hearing provided for in this
27 Act, if the Director finds that evidence in his or her
28 possession indicated that a continuation in practice would
29 constitute an imminent danger to the public. In the event
30 that the Director summarily suspends the license of an EA
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1 professional without a hearing, a hearing by the Board must
2 be held within 30 calendar days after the suspension has
3 occurred.
4 Section 140. Review under Administrative Review Law. All
5 final administrative decisions of the Department are subject
6 to judicial review under the Administrative Review Law and
7 its rules. The term "administrative decision" is defined as
8 in Section 3-101 of the Code of Civil Procedure.
9 Section 145. Judicial review. Proceedings for judicial
10 review shall be commenced in the circuit court of the county
11 in which the party applies for review, but if the party is
12 not a resident of this State, the venue shall be in Sangamon
13 County.
14 Section 150. Certification of record. The Department
15 shall not be required to certify any record to the Court or
16 file any answer in court or otherwise appear in any court in
17 a judicial review proceeding unless there is filed in the
18 court, with the complaint, a receipt for the Department
19 acknowledging payment of the costs of furnishing and
20 certifying the record. Failure on the part of the plaintiff
21 to file the receipt in Court shall be grounds for dismissal
22 of the action.
23 Section 155. Violations; penalties. Any person who is
24 found to have violated any provision of this Act is guilty of
25 a Class A misdemeanor for the first offense, and a Class 4
26 felony for second and subsequent offenses.
27 Section 160. Administrative Procedure Act. The Illinois
28 Administrative Procedure Act is expressly adopted and
29 incorporated in this Act as if all of the provisions of that
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1 Act were included in this Act, except that the provision of
2 paragraph (d) of Section 10-65 of the Illinois Administrative
3 Procedure Act, which provides that at hearings the
4 certificate holder has the right to show compliance with all
5 lawful requirements for retention or continuation of the
6 certificate, is specifically excluded. For the purpose of
7 this Act the notice required under Section 10-25 of the
8 Administrative Procedure Act is deemed sufficient when mailed
9 to the last known address of a party.
10 Section 165. Home rule. The regulation and licensing of
11 employee assistance professionals are exclusive functions of
12 the State. A home rule unit may not regulate or license
13 employee assistance professionals. This Section is a denial
14 and limitation of home rule powers and functions under
15 subsection (h) or Section 6 of Article VII of the Illinois
16 Constitution.
17 Section 170. Severability. If any provision of this Act
18 or application thereof to any person or circumstance is held
19 invalid, the invalidity does not affect other provisions or
20 applications of the Act that can stand without the invalid
21 provision or application, and to this end, the provisions of
22 this Act are severable.
23 Section 900. The Regulatory Sunset Act is amended by
24 adding Section 4.20 as follows:
25 (5 ILCS 80/4.20 new)
26 Sec. 4.20. Act repealed on January 1, 2010. The
27 following Act is repealed on January 1, 2010:
28 The Employee Assistance Professional Licensing Act.
29 Section 999. Effective date. This Act takes effect upon
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1 becoming law.