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91_SB1130
LRB9100877ACdvA
1 AN ACT in relation to marriage and family therapy.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Marriage and Family Therapy Licensing Act
5 is amended by changing Sections 5, 10, 15, 40, 45, 70, 85,
6 90, 145, and 170 as follows:
7 (225 ILCS 55/5) (from Ch. 111, par. 8351-5)
8 Sec. 5. Legislative declaration of public policy. The
9 practice of marriage and family therapy in Illinois is hereby
10 declared to affect the public health, safety and welfare, and
11 to be subject to regulations in the public interest. The
12 purpose of this Act is to establish standards of
13 qualifications for marriage and family therapists and license
14 marriage and family therapists and associate marriage and
15 family therapists who meet these standards, thereby
16 protecting the public from persons who are unauthorized or
17 unqualified to represent themselves as licensed marriage and
18 family therapists or associate licensed marriage and family
19 therapists, and from unprofessional conduct by persons
20 licensed to practice marriage and family therapy.
21 (Source: P.A. 87-783.)
22 (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
23 Sec. 10. Definitions. As used in this Act:
24 "Advertise" means, but is not limited to, issuing or
25 causing to be distributed any card, sign or device to any
26 person; or causing, permitting or allowing any sign or
27 marking on or in any building, structure, newspaper, magazine
28 or directory, or on radio or television; or advertising by
29 any other means designed to secure public attention.
30 "Approved program" means an approved comprehensive
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1 program of study in marriage and family therapy in a
2 regionally accredited educational institution approved by the
3 Department for the training of marriage and family
4 therapists.
5 "Associate licensed marriage and family therapist" means
6 a person to whom an associate marriage and family therapist
7 license has been issued under this Act.
8 "Board" means the Illinois Marriage and Family Therapy
9 Licensing and Disciplinary Board.
10 "Department" means the Department of Professional
11 Regulation.
12 "Director" means the Director of the Department of
13 Professional Regulation.
14 "License" means that which is required to practice
15 marriage and family therapy under this Act, the
16 qualifications for which include specific education,
17 acceptable experience and examination requirements.
18 "Licensed marriage and family therapist" means a person
19 to whom a marriage and family therapist license has been
20 issued under this Act.
21 "Marriage and family therapy" means the evaluation and
22 treatment of mental and emotional problems within the context
23 of human relationships. Marriage and family therapy involves
24 the use of psychotherapeutic methods to ameliorate
25 interpersonal and intrapersonal conflict and to modify
26 perceptions, beliefs and behavior in areas of human life that
27 include, but are not limited to, premarriage, marriage,
28 sexuality, family, divorce adjustment, and parenting.
29 "Person" means any individual, firm, corporation,
30 partnership, organization, or body politic.
31 "Practice of marriage and family therapy" means the
32 rendering of marriage and family therapy services to
33 individuals, couples, and families as defined in this
34 Section, either singly or in groups, whether the services are
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1 offered directly to the general public or through
2 organizations, either public or private, for a fee, monetary
3 or otherwise.
4 "Title or description" means to hold oneself out as a
5 licensed marriage and family therapist or an associate
6 licensed marriage and family therapist to the public by means
7 of stating on signs, mailboxes, address plates, stationery,
8 announcements, calling cards or other instruments of
9 professional identification.
10 (Source: P.A. 87-783; 87-1237.)
11 (225 ILCS 55/15) (from Ch. 111, par. 8351-15)
12 Sec. 15. Exemptions.
13 (a) Nothing contained in this Act shall restrict any
14 person not licensed under this Act from performing marriage
15 and family therapy if that person does not represent himself
16 or herself as a "licensed marriage and family therapist" or
17 an "associate licensed marriage and family therapist".
18 (b) Nothing in this Act shall be construed as permitting
19 persons licensed as marriage and family therapists to engage
20 in any manner in the practice of medicine as defined in the
21 laws of this State.
22 (c) Nothing in this Act shall be construed to prevent
23 qualified members of other professional groups, including but
24 not limited to clinical psychologists, social workers,
25 counselors, attorneys at law, or psychiatric nurses, from
26 performing or advertising that they perform the work of a
27 marriage and family therapist consistent with the laws of
28 this State, their training, and any code of ethics of their
29 respective professions, provided they do not represent
30 themselves by any title or description as a licensed marriage
31 and family therapist or an associate licensed marriage and
32 family therapist.
33 (d) Nothing in this Act shall be construed to prevent
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1 any person from the bona fide practice of the doctrines of an
2 established church or religious denomination if the person
3 does not hold himself or herself out to be a licensed
4 marriage and family therapist or an associate licensed
5 marriage and family therapist.
6 (e) Nothing in this Act shall prohibit self-help groups
7 or programs or not-for-profit organizations from providing
8 services so long as these groups, programs, or organizations
9 do not hold themselves out as practicing or being able to
10 practice marriage and family therapy.
11 (f) This Act does not prohibit:
12 (1) A person from practicing marriage and family
13 therapy as part of his or her duties as an employee of a
14 recognized academic institution, or a federal, State,
15 county, or local governmental institution or agency while
16 performing those duties for which he or she was employed
17 by the institution, agency or facility.
18 (2) A person from practicing marriage and family
19 therapy as part of his or her duties as an employee of a
20 nonprofit organization consistent with the laws of this
21 State, his or her training, and any code of ethics of his
22 or her respective professions, provided the person does
23 not represent himself or herself as a "licensed marriage
24 and family therapist" or an "associate licensed marriage
25 and family therapist" under supervision in accordance
26 with this Act.
27 (3) A person from practicing marriage and family
28 therapy if the person is obtaining experience for
29 licensure as a marriage and family therapist, provided
30 the person is designated by a title that clearly
31 indicates training status.
32 (4) A person licensed in this State under any other
33 Act from engaging the practice for which he or she is
34 licensed.
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1 (5) A person from practicing marriage and family
2 therapy if the person is a marriage and family therapist
3 regulated under the laws of another State, territory of
4 the United States or country and who has applied in
5 writing to the Department, on forms prepared and
6 furnished by the Department, for licensing as a marriage
7 and family therapist and who is qualified to receive
8 registration under Section 40 until the expiration of 6
9 months after the filing of the written application, the
10 withdrawal of the application, a notice of intent to deny
11 the application, or the denial of the application by the
12 Department.
13 (Source: P.A. 87-783; 87-1237.)
14 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
15 Sec. 40. Qualifications for licensure.
16 (a) A person is qualified for licensure as a marriage
17 and family therapist if that person:
18 (1) is at least 21 years of age;
19 (2) has applied in writing on forms prepared and
20 furnished by the Department;
21 (3) (blank);
22 (4) has not engaged or is not engaged in any
23 practice or conduct that would be grounds for
24 disciplining a licensee under Section 85 of this Act;
25 (5) satisfies the education and experience
26 requirements of subsection (b) of this Section; and
27 (6) passes a written examination authorized by the
28 Department.
29 (b) Any person who applies to the Department shall be
30 issued a marriage and family therapist license by the
31 Department if the person meets the qualifications set forth
32 in subsection (a) of this Section and provides evidence to
33 the Department that the person:
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1 (1) holds a master's or doctoral degree in marriage
2 and family therapy approved by the Department from a
3 regionally accredited educational institution; holds a
4 master's or doctoral degree from a regionally accredited
5 educational institution in marriage and family therapy or
6 in a related field with an equivalent course of study in
7 marriage and family therapy that is recommended by the
8 Board and approved by the Department; or holds a master's
9 or doctoral degree from a program accredited by the
10 commission on accreditations for marriage and family
11 therapy education of the American Association for
12 Marriage and Family Therapists;
13 (2) following the receipt of the first qualifying
14 degree, has at least 2 years of experience, as defined by
15 rule, in the practice of marriage and family therapy,
16 including at least 1,000 hours of face-to-face contact
17 with couples and families for the purpose of evaluation
18 and treatment;
19 (3) has completed at least 200 hours of supervision
20 of marriage and family therapy, as defined by rule.
21 (c) Any person who applies to the Department shall be
22 issued a temporary license as an associate marriage and
23 family therapist by the Department if the person meets the
24 qualifications set forth in subsection (a)(1), (2), and (4)
25 of this Section and provides evidence to the Department that
26 the person meets the qualifications set forth in subsection
27 (b)(1) of this Section. The license as an associate licensed
28 marriage and family therapist shall not be valid for more
29 than 5 years.
30 An associate licensed marriage and family therapist may
31 not practice independently and must be clinically supervised
32 by a licensed marriage and family therapist or equivalent as
33 defined by rule.
34 An associate licensed marriage and family therapist may
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1 petition the Department for a marriage and family therapist
2 license upon completion of the requirements in subsections
3 (a) and (b).
4 (Source: P.A. 89-387, eff. 8-20-95; 90-61, eff. 12-30-97.)
5 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
6 Sec. 45. Licenses; renewals; restoration; person in
7 military service.
8 (a) The expiration date and renewal period for each
9 license issued under this Act shall be set by rule. As a
10 condition for renewal of a license, the licensee shall be
11 required to complete continuing education under requirements
12 set forth in rules of the Department.
13 (b) Any person who has permitted his or her license to
14 expire may have his or her license restored by making
15 application to the Department and filing proof acceptable to
16 the Department of fitness to have his or her license
17 restored, which may include sworn evidence certifying to
18 active practice in another jurisdiction satisfactory to the
19 Department, complying with any continuing education
20 requirements, and paying the required restoration fee.
21 (c) If the person has not maintained an active practice
22 in another jurisdiction satisfactory to the Department, the
23 Board shall determine, by an evaluation program established
24 by rule, the person's fitness to resume active status and may
25 require the person to complete a period of evaluated clinical
26 experience and successful completion of a practical
27 examination.
28 However, any person whose license expired while (i) in
29 federal service on active duty with the Armed Forces of the
30 United States or called into service or training with the
31 State Militia, or (ii) in training or education under the
32 supervision of the United States preliminary to induction
33 into the military service may have his or her license renewed
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1 or restored without paying any lapsed renewal fees if, within
2 2 years after honorable termination of the service, training
3 or education, except under condition other than honorable, he
4 or she furnishes the Department with satisfactory evidence to
5 the effect that he or she has been so engaged and that the
6 service, training, or education has been so terminated.
7 (d) Any person who notifies the Department, in writing
8 on forms prescribed by the Department, may place his or her
9 license on inactive status and shall be excused from the
10 payment of renewal fees until the person notifies the
11 Department in writing of the intention to resume active
12 practice.
13 (e) Any person requesting his or her license be changed
14 from inactive to active status shall be required to pay the
15 current renewal fee and shall also demonstrate compliance
16 with the continuing education requirements.
17 (f) Any marriage and family therapist or associate
18 marriage and family therapist whose license is nonrenewed or
19 on inactive status shall not engage in the practice of
20 marriage and family therapy in the State of Illinois and use
21 the title or advertise that he or she performs the services
22 of a "licensed marriage and family therapist" or an
23 "associate marriage and family therapist".
24 (g) Any person violating subsection (f) of this Section
25 shall be considered to be practicing without a license and
26 will be subject to the disciplinary provisions of this Act.
27 (h) (Blank).
28 (Source: P.A. 90-61, eff. 12-30-97.)
29 (225 ILCS 55/70) (from Ch. 111, par. 8351-70)
30 Sec. 70. Privileged communications and exceptions.
31 (a) No licensed marriage and family therapist or
32 associate marriage and family therapist shall disclose any
33 information acquired from persons consulting the marriage and
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1 family therapist or associate marriage and family therapist
2 in a professional capacity, except that which may be
3 voluntarily disclosed under the following circumstances:
4 (1) In the course of formally reporting,
5 conferring, or consulting with administrative superiors,
6 colleagues, or consultants who share professional
7 responsibility, in which instance all recipients of the
8 information are similarly bound to regard the
9 communications as privileged;
10 (2) With the written consent of the person who
11 provided the information;
12 (3) In case of death or disability, with the
13 written consent of a personal representative, other
14 person authorized to sue, or the beneficiary of an
15 insurance policy on the person's life, health, or
16 physical condition;
17 (4) When a communication reveals the intended
18 commission of a crime or harmful act and the disclosure
19 is judged necessary by the licensed marriage and family
20 therapist or associate marriage and family therapist to
21 protect any person from a clear, imminent risk of serious
22 mental or physical harm or injury, or to forestall a
23 serious threat to the public safety; or
24 (5) When the person waives the privilege by
25 bringing any public charges, criminal, or civil, against
26 the licensee.
27 (b) Any person having access to records or any one who
28 participates in providing marriage and family therapy
29 services or who, in providing any human services, is
30 supervised by a licensed marriage and family therapist, is
31 similarly bound to regard all information and communications
32 as privileged in accord with this Section.
33 (c) The Mental Health and Developmental Disabilities
34 Confidentiality Act is incorporated in this Act as if all of
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1 its provisions were included in this Act.
2 (Source: P.A. 87-783.)
3 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
4 Sec. 85. Refusal, revocation, or suspension.
5 (a) The Department may refuse to issue or renew, or may
6 revoke a license, or may suspend, place on probation, fine,
7 or take any disciplinary action as the Department may deem
8 proper, including fines not to exceed $1000 for each
9 violation, with regard to any licensee for any one or
10 combination of the following causes:
11 (1) Material misstatement in furnishing information
12 to the Department.
13 (2) Violations of this Act or its rules.
14 (3) Conviction of any crime under the laws of the
15 United States or any state or territory thereof that is
16 (i) a felony, (ii) a misdemeanor, an essential element of
17 which is dishonesty, or (iii) a crime that is related to
18 the practice of the profession.
19 (4) Making any misrepresentation for the purpose of
20 obtaining a license or violating any provision of this
21 Act or its rules.
22 (5) Professional incompetence or gross negligence.
23 (6) Malpractice.
24 (7) Aiding or assisting another person in violating
25 any provision of this Act or its rules.
26 (8) Failing, within 60 days, to provide information
27 in response to a written request made by the Department.
28 (9) Engaging in dishonorable, unethical, or
29 unprofessional conduct of a character likely to deceive,
30 defraud or harm the public as defined by the rules of the
31 Department, or violating the rules of professional
32 conduct adopted by the Board and published by the
33 Department.
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1 (10) Habitual or excessive use or addiction to
2 alcohol, narcotics, stimulants, or any other chemical
3 agent or drug that results in the inability to practice
4 with reasonable judgment, skill, or safety.
5 (11) Discipline by another state, territory, or
6 country if at least one of the grounds for the discipline
7 is the same or substantially equivalent to those set
8 forth in this Act.
9 (12) Directly or indirectly giving to or receiving
10 from any person, firm, corporation, partnership or
11 association any fee, commission, rebate, or other form of
12 compensation for any professional services not actually
13 or personally rendered.
14 (13) A finding by the Department that the licensee,
15 after having his or her license placed on probationary
16 status, has violated the terms of probation.
17 (14) Abandonment of a patient without cause.
18 (15) Willfully making or filing false records or
19 reports relating to a licensee's practice, including but
20 not limited to false records filed with State agencies or
21 departments.
22 (16) Wilfully failing to report an instance of
23 suspected child abuse or neglect as required by the
24 Abused and Neglected Child Reporting Act.
25 (17) Being named as a perpetrator in an indicated
26 report by the Department of Children and Family Services
27 under the Abused and Neglected Child Reporting Act and
28 upon proof by clear and convincing evidence that the
29 licensee has caused a child to be an abused child or
30 neglected child as defined in the Abused and Neglected
31 Child Reporting Act.
32 (18) Physical or mental disability, including
33 deterioration through the aging process, or loss of
34 abilities and skills that results in the inability to
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1 practice the profession with reasonable judgment, skill,
2 or safety.
3 (19) Solicitation of professional services by using
4 false or misleading advertising.
5 (20) A finding that licensure has been applied for
6 or obtained by fraudulent means.
7 (21) Practicing or attempting to practice under a
8 name other than the full name as shown on the license or
9 any other legally authorized name.
10 (22) Gross overcharging for professional services
11 including filing statements for collection of fees or
12 moneys for which services are not rendered.
13 (b) The Department shall deny any application for a
14 license, without hearing, or renewal under this Act to any
15 person who has defaulted on an educational loan guaranteed by
16 the Illinois Student Assistance Commission; however, the
17 Department may issue a license or renewal if the person in
18 default has established a satisfactory repayment record as
19 determined by the Illinois Student Assistance Commission.
20 (c) The determination by a circuit court that a licensee
21 is subject to involuntary admission or judicial admission, as
22 provided in the Mental Health and Developmental Disabilities
23 Code, operates as an automatic suspension. The suspension
24 will terminate only upon a finding by a court that the
25 patient is no longer subject to involuntary admission or
26 judicial admission and the issuance of an order so finding
27 and discharging the patient, and upon the recommendation of
28 the Board to the Director that the licensee be allowed to
29 resume his or her practice as a licensed marriage and family
30 therapist or an associate marriage and family therapist.
31 (d) The Department may refuse to issue or may suspend
32 the license of any person who fails to file a return, pay the
33 tax, penalty, or interest shown in a filed return or pay any
34 final assessment of tax, penalty, or interest, as required by
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1 any tax Act administered by the Illinois Department of
2 Revenue, until the time the requirements of the tax Act are
3 satisfied.
4 (e) In enforcing this Section, the Department or Board
5 upon a showing of a possible violation may compel an
6 individual licensed to practice under this Act, or who has
7 applied for licensure under this Act, to submit to a mental
8 or physical examination, or both, as required by and at the
9 expense of the Department. The Department or Board may order
10 the examining physician to present testimony concerning the
11 mental or physical examination of the licensee or applicant.
12 No information shall be excluded by reason of any common law
13 or statutory privilege relating to communications between the
14 licensee or applicant and the examining physician. The
15 examining physicians shall be specifically designated by the
16 Board or Department. The individual to be examined may have,
17 at his or her own expense, another physician of his or her
18 choice present during all aspects of this examination.
19 Failure of an individual to submit to a mental or physical
20 examination, when directed, shall be grounds for suspension
21 of his or her license until the individual submits to the
22 examination if the Department finds, after notice and
23 hearing, that the refusal to submit to the examination was
24 without reasonable cause.
25 If the Department or Board finds an individual unable to
26 practice because of the reasons set forth in this Section,
27 the Department or Board may require that individual to submit
28 to care, counseling, or treatment by physicians approved or
29 designated by the Department or Board, as a condition, term,
30 or restriction for continued, reinstated, or renewed
31 licensure to practice; or, in lieu of care, counseling, or
32 treatment, the Department may file, or the Board may
33 recommend to the Department to file, a complaint to
34 immediately suspend, revoke, or otherwise discipline the
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1 license of the individual. An individual whose license was
2 granted, continued, reinstated, renewed, disciplined or
3 supervised subject to such terms, conditions, or
4 restrictions, and who fails to comply with such terms,
5 conditions, or restrictions, shall be referred to the
6 Director for a determination as to whether the individual
7 shall have his or her license suspended immediately, pending
8 a hearing by the Department.
9 In instances in which the Director immediately suspends a
10 person's license under this Section, a hearing on that
11 person's license must be convened by the Department within 15
12 days after the suspension and completed without appreciable
13 delay. The Department and Board shall have the authority to
14 review the subject individual's record of treatment and
15 counseling regarding the impairment to the extent permitted
16 by applicable federal statutes and regulations safeguarding
17 the confidentiality of medical records.
18 An individual licensed under this Act and affected under
19 this Section shall be afforded an opportunity to demonstrate
20 to the Department or Board that he or she can resume practice
21 in compliance with acceptable and prevailing standards under
22 the provisions of his or her license.
23 (Source: P.A. 90-61, eff. 12-30-97.)
24 (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
25 Sec. 90. Violations; injunctions; cease and desist
26 order.
27 (a) If any person violates a provision of this Act, the
28 Director may, in the name of the People of the State of
29 Illinois, through the Attorney General of the State of
30 Illinois, petition for an order enjoining the violation or
31 for an order enforcing compliance with this Act. Upon the
32 filing of a verified petition in court, the court may issue a
33 temporary restraining order, without notice or bond, and may
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1 preliminarily and permanently enjoin the violation. If it is
2 established that the person has violated or is violating the
3 injunction, the Court may punish the offender for contempt of
4 court. Proceedings under this Section are in addition to,
5 and not in lieu of, all other remedies and penalties provided
6 by this Act.
7 (b) If any person practices as a marriage and family
8 therapist or an associate marriage and family therapist or
9 holds himself or herself out as such without having a valid
10 license under this Act, then any licensee, any interested
11 party or any person injured thereby may, in addition to the
12 Director, petition for relief as provided in subsection (a)
13 of this Section.
14 (c) Whenever in the opinion of the Department any person
15 violates any provision of this Act, the Department may issue
16 a rule to show cause why an order to cease and desist should
17 not be entered against him or her. The rule shall clearly
18 set forth the grounds relied upon by the Department and shall
19 provide a period of 7 days from the date of the rule to file
20 an answer to the satisfaction of the Department. Failure to
21 answer to the satisfaction of the Department shall cause an
22 order to cease and desist to be issued immediately.
23 (Source: P.A. 90-61, eff. 12-30-97.)
24 (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
25 Sec. 145. Summary suspension. The Director may summarily
26 suspend the license of a marriage and family therapist or an
27 associate marriage and family therapist without a hearing,
28 simultaneously with the institution of proceedings for a
29 hearing provided for in this Act, if the Director finds that
30 evidence in his or her possession indicates that a marriage
31 and family therapist's or associate marriage and family
32 therapist's continuation in practice would constitute an
33 imminent danger to the public. In the event that the
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1 Director summarily suspends the license of a marriage and
2 family therapist or an associate marriage and family
3 therapist without a hearing, a hearing by the Board must be
4 held within 30 calendar days after the suspension has
5 occurred.
6 (Source: P.A. 87-783; 87-1237.)
7 (225 ILCS 55/170) (from Ch. 111, par. 8351-170)
8 Sec. 170. Home rule. The regulation and licensing of
9 marriage and family therapists and associate marriage and
10 family therapists are exclusive powers and functions of the
11 State. A home rule unit may not regulate or license marriage
12 and family therapists or associate marriage and family
13 therapists. This Section is a denial and limitation of home
14 rule powers and functions under subsection (h) of Section 6
15 of Article VII of the Illinois Constitution.
16 (Source: P.A. 87-783.)
17 Section 99. Effective date. This Act takes effect on
18 January 1, 2000.