Illinois 2023-2024 Regular Session

Illinois House Bill HB5019 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5019 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: New Act5 ILCS 80/4.40325 ILCS 5/4 Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act. LRB103 36304 AWJ 66402 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5019 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: New Act5 ILCS 80/4.40325 ILCS 5/4 New Act 5 ILCS 80/4.40 325 ILCS 5/4 Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act. LRB103 36304 AWJ 66402 b LRB103 36304 AWJ 66402 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5019 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 80/4.40325 ILCS 5/4 New Act 5 ILCS 80/4.40 325 ILCS 5/4
4	4	New Act
5	5	5 ILCS 80/4.40
6	6	325 ILCS 5/4
7	7	Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act.
8	8	LRB103 36304 AWJ 66402 b LRB103 36304 AWJ 66402 b
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10	10	A BILL FOR
11	11	HB5019LRB103 36304 AWJ 66402 b HB5019 LRB103 36304 AWJ 66402 b
12	12	HB5019 LRB103 36304 AWJ 66402 b
13	13	1 AN ACT concerning regulation.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 1. Short title. This Act may be cited as the Art
17	17	5 Therapy Licensing and Practice Act.
18	18	6 Section 5. Declaration of public policy; purpose. The
19	19	7 practice of art therapy is hereby declared to affect the
20	20	8 public health, safety, and welfare and to be subject to
21	21	9 regulation in the public interest. The purpose of this Act is
22	22	10 to ensure the highest degree of professional conduct on the
23	23	11 part of art therapists, to guarantee the availability of art
24	24	12 therapy services provided by a qualified professional to
25	25	13 persons in need of those services, and to protect the public
26	26	14 from the practice of art therapy by unqualified individuals.
27	27	15 Section 10. Definitions. As used in this Act:
28	28	16 "Accredited educational institution" means a university or
29	29	17 college accredited by the Commission on Accreditation of
30	30	18 Allied Health Education Programs, another nationally
31	31	19 recognized accrediting agency of institutions of higher
32	32	20 education, or an institution and clinical program approved by
33	33	21 the American Art Therapy Association.
34	34	22 "Address of record" means the designated address recorded
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5019 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
39	39	New Act5 ILCS 80/4.40325 ILCS 5/4 New Act 5 ILCS 80/4.40 325 ILCS 5/4
40	40	New Act
41	41	5 ILCS 80/4.40
42	42	325 ILCS 5/4
43	43	Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act.
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46	46	A BILL FOR
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52	52	New Act
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54	54	325 ILCS 5/4
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73	73	1 by the Department in the applicant's application file or the
74	74	2 licensee's license file, as maintained by the Department's
75	75	3 licensure maintenance unit.
76	76	4 "Advisory Board" means the Art Therapy Advisory Board.
77	77	5 "Art therapy" means the integrated use of psychotherapy,
78	78	6 counseling, and evidence-based practices in combination with
79	79	7 art therapy theory, including, but not limited to, specialized
80	80	8 training in art media, the creative process, the
81	81	9 neurobiological implications of art-making, and art-based
82	82	10 assessment models to prevent and alleviate mental and
83	83	11 emotional disorders and psychopathology. "Art therapy" also
84	84	12 includes the use of the aforementioned practices and theories
85	85	13 to promote optimal cognitive, mental, and emotional health
86	86	14 through diagnosis and assessment, testing, treatment,
87	87	15 evaluation, and rehabilitation in a professional relationship
88	88	16 to assist individuals, couples, families, groups, and
89	89	17 organizations to alleviate emotional disorders, to understand
90	90	18 conscious and unconscious motivation, to resolve emotional,
91	91	19 relationship, and attitudinal conflicts, and to modify
92	92	20 behaviors that interfere with effective emotional, social,
93	93	21 adaptive, and intellectual functioning.
94	94	22 "Art therapy treatment" includes the use of expressive
95	95	23 arts media, creative techniques, nonverbal communication,
96	96	24 psychotherapy, art-based assessment models, and the creative
97	97	25 process in a therapeutic relationship between a licensed
98	98	26 clinical professional art therapist and the therapist's
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109	109	1 client. "Art therapy treatment" also includes:
110	110	2 (1) evaluation, assessment, and diagnosis to define
111	111	3 and implement individualized treatment plans and establish
112	112	4 treatment objectives to address developmental, behavioral,
113	113	5 cognitive, and emotional needs;
114	114	6 (2) therapeutic interventions to facilitate
115	115	7 alternative modes of receptive and expressive
116	116	8 communication that can circumvent the limitations of
117	117	9 verbal articulation;
118	118	10 (3) implementing an individualized treatment plan that
119	119	11 is consistent with any other developmental,
120	120	12 rehabilitative, habilitative, medical, mental health,
121	121	13 preventive, wellness care, or educational services being
122	122	14 provided to the client;
123	123	15 (4) planning, implementing, and evaluating an
124	124	16 individualized treatment plan using treatment
125	125	17 interventions that include psychotherapy or counseling
126	126	18 integrated with art therapy theory, the creative process,
127	127	19 or art media to facilitate human development and to
128	128	20 identify and remediate mental, emotional, or behavioral
129	129	21 disorders and associated distresses that interfere with
130	130	22 daily functioning;
131	131	23 (5) utilizing appropriate knowledge and specialized
132	132	24 training in art therapy theory, art media, the creative
133	133	25 process, the neurobiological implications of art-making,
134	134	26 psychotherapy and counseling principles and theory, and
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145	145	1 clinical decision-making skills to inform practice and
146	146	2 determine the appropriate course of action within the
147	147	3 clinician's scope of psychotherapeutic art therapy
148	148	4 practice, tailored to the context of each specific
149	149	5 clinical setting.
150	150	6 "Department" means the Department of Financial and
151	151	7 Professional Regulation.
152	152	8 "Email address of record" means the designated email
153	153	9 address recorded by the Department in the applicant's
154	154	10 application file or the licensee's license file, as maintained
155	155	11 by the Department's licensure maintenance unit.
156	156	12 "Face-to-face meeting" means a meeting that is live,
157	157	13 interactive, and visual, including video meetings if the
158	158	14 meeting is synchronous and involves verbal and visual
159	159	15 interaction during supervision.
160	160	16 "Licensed associate art therapist" or "LAAT" means a
161	161	17 person who has (i) completed a master's or doctoral degree
162	162	18 program in art therapy, or an equivalent course of study from
163	163	19 an accredited educational institution as outlined in Section
164	164	20 60; (ii) satisfied the requirements for licensure set forth in
165	165	21 Section 60; and (iii) been issued a license to practice art
166	166	22 therapy under an approved qualified art therapy supervisor in
167	167	23 accordance with rules of the Department.
168	168	24 "Licensed clinical professional art therapist" or "LCPAT"
169	169	25 means a person who has (i) completed a master's or doctoral
170	170	26 degree program in art therapy, or an equivalent course of
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181	181	1 study, from an accredited educational institution; (ii) taken
182	182	2 the Art Therapy Credentials Board exam or any licensing or
183	183	3 credentialing exam deemed to be substantially equivalent by
184	184	4 the Department; (iii) satisfied the requirements for licensure
185	185	5 set forth in Section 60; and (iv) been issued a license for the
186	186	6 independent practice of art therapy by the Department.
187	187	7 "Practice clinical professional art therapy" means to
188	188	8 engage professionally as a primary provider, for compensation
189	189	9 in art therapy, psychotherapy, art therapy treatment, and
190	190	10 appraisal activities by providing services to promote optimal
191	191	11 cognitive, mental, and emotional health through diagnosis and
192	192	12 assessment, testing, treatment, evaluation, and rehabilitation
193	193	13 and to prevent and alleviate mental and emotional disorders
194	194	14 and psychopathology.
195	195	15 "Qualified art therapy supervisor" means an Art Therapy
196	196	16 Certified Supervisor credentialed by the Art Therapy
197	197	17 Credentials Board, a Registered Art Therapist or
198	198	18 Board-Certified Registered Art Therapist certified by the Art
199	199	19 Therapy Credentials Board, a licensed clinical professional
200	200	20 art therapist, or another licensed mental health care provider
201	201	21 approved by the Department and licensed in Illinois,
202	202	22 including, but not limited to, licensed clinical social
203	203	23 workers, licensed marriage and family therapists, or licensed
204	204	24 clinical professional counselors.
205	205	25 "Secretary" means the Secretary of Financial and
206	206	26 Professional Regulation or the Secretary's designee.
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217	217	1 "Supervision" means a formalized professional relationship
218	218	2 between a qualified art therapy supervisor and supervisee in
219	219	3 which the qualified art therapy supervisor directs, guides,
220	220	4 monitors, instructs, and evaluates the supervisee's clinical
221	221	5 professional art therapy practice while promoting the
222	222	6 development of the supervisee's knowledge, skills, and
223	223	7 abilities to provide clinical professional art therapy
224	224	8 services in an ethical and competent manner. "Supervision"
225	225	9 includes:
226	226	10 (1) an acceptance of direct responsibility for the
227	227	11 client services rendered by the supervisee via
228	228	12 face-to-face meetings with the person under supervision;
229	229	13 (2) the qualified art therapy experience is under the
230	230	14 order, control, and full professional responsibility of a
231	231	15 qualified art therapy supervisor who reviews aspects of
232	232	16 art therapy practice and case management in a face-to-face
233	233	17 meeting with the person;
234	234	18 (3) the qualified art therapy supervisor ensures that
235	235	19 the extent, kind, and quality of art therapy performed is
236	236	20 consistent with the education, training, and experience of
237	237	21 the person being supervised;
238	238	22 (4) reviewing client or patient records, monitoring
239	239	23 and evaluating assessment, diagnosis, and treatment
240	240	24 decisions of the art therapist trainee; or
241	241	25 (5) ensuring compliance with laws and regulations
242	242	26 governing the practice of clinical professional art
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253	253	1 therapy and licensed associate art therapy.
254	254	2 Section 15. Address of record; email address of record.
255	255	3 All applicants and licensees shall:
256	256	4 (1) provide a valid address and email address to the
257	257	5 Department, which serves as the address of record and
258	258	6 email address of record, respectively, at the time of
259	259	7 application for licensure or renewal of a license; and
260	260	8 (2) inform the Department of any change of address of
261	261	9 record or email address of record within 14 days after the
262	262	10 change either through the Department's website or by
263	263	11 contacting the Department's licensure maintenance unit.
264	264	12 Section 20. Art Therapy Advisory Board. There is created
265	265	13 within the Department an Art Therapy Advisory Board, which
266	266	14 shall consist of 5 members. The Secretary shall appoint all
267	267	15 members of the Advisory Board. The Advisory Board shall
268	268	16 consist of persons familiar with the practice of art therapy
269	269	17 to provide the Secretary with expertise and assistance in
270	270	18 carrying out the Secretary's duties under this Act. The
271	271	19 Secretary shall appoint members of the Advisory Board to serve
272	272	20 for terms of 4 years, and members may be appointed by the
273	273	21 Secretary to serve consecutive terms. Any vacancy shall be
274	274	22 filled in the same manner as a regular appointment. The
275	275	23 Secretary shall appoint 3 members who practice clinical
276	276	24 professional art therapy in this State, one member who is a
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287	287	1 licensed health care provider who is not an art therapist, and
288	288	2 one member who is a consumer. Members shall serve without
289	289	3 compensation.
290	290	4 The Secretary may terminate the appointment of any member
291	291	5 for cause as determined by the Secretary.
292	292	6 The Secretary may consider the recommendation of the
293	293	7 Advisory Board on all matters and questions relating to this
294	294	8 Act.
295	295	9 Members of the Advisory Board shall be reimbursed for all
296	296	10 legitimate, necessary, and authorized expenses.
297	297	11 Members of the Advisory Board shall have no liability in
298	298	12 any action based upon a disciplinary proceeding or other
299	299	13 activity performed in good faith as a member of the Advisory
300	300	14 Board.
301	301	15 Section 25. Art Therapy Advisory Board; powers and duties.
302	302	16 (a) The Advisory Board shall meet at least 4 times per year
303	303	17 or as otherwise called by the Secretary.
304	304	18 (b) The Advisory Board shall advise the Department on all
305	305	19 matters pertaining to the licensure for, disciplinary actions
306	306	20 for, education for, continuing education requirements for, and
307	307	21 practice of art therapy in this State.
308	308	22 (c) The Advisory Board may make recommendations as it
309	309	23 deems advisable to the Secretary on any matters and questions
310	310	24 relating to this Act and the profession and practice of art
311	311	25 therapy.
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322	322	1 (d) The Advisory Board shall annually elect one of its
323	323	2 members as chairperson and one of its members as vice
324	324	3 chairperson.
325	325	4 Section 30. Exemptions. Nothing in this Act may be
326	326	5 construed to prohibit or restrict the practice, services, or
327	327	6 activities of the following:
328	328	7 (1) A person licensed, certified, or regulated under
329	329	8 the laws of this State in another profession or
330	330	9 occupation, including physicians, psychologists,
331	331	10 registered nurses, marriage and family therapists, social
332	332	11 workers, occupational therapists, professional
333	333	12 counselors, speech-language pathologists or audiologists,
334	334	13 or personnel supervised by a licensed professional,
335	335	14 performing work, including the use of art, incidental to
336	336	15 the practice of that person's licensed, certified, or
337	337	16 regulated profession or occupation if the person does not
338	338	17 represent themselves as a licensed associate art therapist
339	339	18 or licensed clinical professional art therapist.
340	340	19 (2) Practice of art therapy as an integral part of a
341	341	20 program of study for students enrolled in an accredited
342	342	21 art therapy program if the students do not represent
343	343	22 themselves as licensed clinical professional art
344	344	23 therapists.
345	345	24 Section 35. Unlicensed practice; violation; civil penalty.
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356	356	1 (a) A person may not engage in the practice of art therapy,
357	357	2 use the title "licensed clinical professional art therapist"
358	358	3 or "licensed associate art therapist", or use the abbreviation
359	359	4 "LCPAT" or "LAAT" or any other title, designation, word,
360	360	5 letter, abbreviation or insignia indicating the practice of
361	361	6 art therapy unless licensed under this Act.
362	362	7 (b) A person who practices, offers to practice, attempts
363	363	8 to practice, or holds the person out to practice art therapy
364	364	9 without being licensed or exempt under this Act, as described
365	365	10 in subsection (a), shall, in addition to any other penalty
366	366	11 provided by law, pay a civil penalty to the Department in an
367	367	12 amount not to exceed $10,000 for each offense, as determined
368	368	13 by the Department. The civil penalty shall be assessed by the
369	369	14 Department after a hearing is held under this Act regarding
370	370	15 the provision of a hearing for the discipline of a licensee.
371	371	16 (c) The Department may investigate any actual, alleged, or
372	372	17 suspected unlicensed activity.
373	373	18 (d) The civil penalty shall be paid within 60 days after
374	374	19 the effective date of the order imposing the civil penalty.
375	375	20 The order shall constitute a final judgment and may be filed
376	376	21 and execution had thereon in the same manner as any judgment
377	377	22 from any court of record. The Attorney General may bring an
378	378	23 action in circuit court to enforce the collection of any
379	379	24 monetary penalty imposed.
380	380	25 Section 40. Powers and duties of the Department. The
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391	391	1 Department shall adopt rules for the annual renewal process
392	392	2 for a license as a clinical professional art therapist or
393	393	3 licensed associate art therapist, including:
394	394	4 (1) implementing a continuing education requirement as
395	395	5 a condition of license renewal for licenses issued under
396	396	6 its jurisdiction;
397	397	7 (2) establishing standards for continuing education,
398	398	8 including the subject matter and content of courses of
399	399	9 study and the number and type of continuing education
400	400	10 credits required of a licensee as a condition of biennial
401	401	11 license renewal;
402	402	12 (3) allowing continuing education credits to be earned
403	403	13 from the American Art Therapy Association and other
404	404	14 organizations providing continuing education and
405	405	15 accredited educational programs, including, but not
406	406	16 limited to, programs relating to meetings of constituents
407	407	17 and components of art therapy associations recognized by
408	408	18 the Department, examinations, papers, publications,
409	409	19 presentations, teaching and research appointments, and
410	410	20 establishing procedures for the issuance of credit upon
411	411	21 satisfactory proof of the completion of these programs,
412	412	22 including that each hour of instruction shall be
413	413	23 equivalent to one credit;
414	414	24 (4) approving only those continuing education programs
415	415	25 as are available to all persons practicing art therapy in
416	416	26 this State on a nondiscriminatory basis;
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427	427	1 (5) reviewing applications to ascertain the
428	428	2 qualifications of applicants for licenses;
429	429	3 (6) authorizing examinations to ascertain the
430	430	4 qualifications of those applicants who require
431	431	5 examinations as a component of a license;
432	432	6 (7) conducting hearings on proceedings to refuse to
433	433	7 issue or renew a license or to revoke, suspend, place on
434	434	8 probation, or reprimand licenses issued under this Act or
435	435	9 otherwise discipline a licensee; and
436	436	10 (8) adopting rules necessary for the administration of
437	437	11 this Act.
438	438	12 Section 45. Application for original license. Applications
439	439	13 for original licenses shall be made to the Department on forms
440	440	14 prescribed by the Department and accompanied by the required
441	441	15 fee, which is not refundable. All applications shall contain
442	442	16 information that, in the judgment of the Department, will
443	443	17 enable the Department to approve or disapprove of the
444	444	18 qualifications of the applicant for a license under this Act.
445	445	19 If an applicant fails to obtain a license under this Act within
446	446	20 3 years after filing the application, the application shall be
447	447	21 denied. The applicant may make a new application, which shall
448	448	22 be accompanied by the required nonrefundable fee. The
449	449	23 applicant shall meet the qualifications required for licensure
450	450	24 at the time of reapplication.
451	451
452	452
453	453
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461	461	1 Section 50. Social security number on license application.
462	462	2 In addition to any other information required to be contained
463	463	3 in the application, every application for an original license
464	464	4 under this Act shall include the applicant's social security
465	465	5 number, which shall be retained in the Department's records
466	466	6 pertaining to the license. As soon as practical, the
467	467	7 Department shall assign a customer's identification number to
468	468	8 each applicant for a license. Every application for a renewal,
469	469	9 reinstatement, or restoration of a license shall require the
470	470	10 applicant's customer identification number.
471	471	11 Section 55. Qualifications for licensure as a licensed
472	472	12 clinical professional art therapist.
473	473	13 (a) The Secretary shall issue a license to an applicant
474	474	14 for a clinical professional art therapist license if the
475	475	15 applicant has completed and submitted an application form in
476	476	16 the manner as the Secretary prescribes, accompanied by
477	477	17 applicable fees, and evidence satisfactory to the Secretary
478	478	18 that the applicant has fulfilled the following requirements:
479	479	19 (1) is at least 18 years of age;
480	480	20 (2) is of good moral character. In determining moral
481	481	21 character under this paragraph, the Department may take
482	482	22 into consideration whether the applicant has engaged in
483	483	23 conduct or activities which would constitute grounds for
484	484	24 discipline under this Act;
485	485	25 (3) has demonstrated professional competency by
486	486
487	487
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496	496	1 satisfactorily completing the Board-Certified Registered
497	497	2 Art Therapist Board exam by the Art Therapy Credentials
498	498	3 Board or a substantially equivalent exam approved by the
499	499	4 Department; and
500	500	5 (4) has either:
501	501	6 (A) (i) received a master's degree or doctoral
502	502	7 degree in art therapy that includes at least 700 hours
503	503	8 of supervised internship experience from an accredited
504	504	9 educational institution; and (ii) completed at least
505	505	10 3,360 total hours of postgraduate experience under
506	506	11 direct supervision completed in a period of not less
507	507	12 than 2 years. Of these 3,360 total hours, 1,680 hours
508	508	13 must be in direct contact with a client and 500 hours
509	509	14 of the 1,680 client contact hours must be under the
510	510	15 supervision of an Art Therapy Certified Supervisor
511	511	16 credentialed by the Art Therapy Credentials Board, a
512	512	17 Board-Certified Registered Art Therapist certified by
513	513	18 the Art Therapy Credentials Board, or a licensed
514	514	19 clinical professional art therapist, and the remaining
515	515	20 hours may be earned under the supervision of any
516	516	21 qualified art therapy supervisor; or
517	517	22 (B) received a master's degree or higher in a
518	518	23 related mental health field and has (i) completed a
519	519	24 minimum of 3 graduate credit hours in each of the
520	520	25 following subject areas: human growth and development;
521	521	26 social and cultural foundations of counseling;
522	522
523	523
524	524
525	525
526	526
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528	528
529	529
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531	531	HB5019 - 15 - LRB103 36304 AWJ 66402 b
532	532	1 theories of art therapy; art therapy techniques; group
533	533	2 dynamics, processing, and counseling; lifestyle and
534	534	3 career development; appraisal; research and
535	535	4 evaluation; professional, legal, and ethical
536	536	5 responsibilities; marriage and family therapy;
537	537	6 psychopathology; addictions; history of art therapy;
538	538	7 and theory of art therapy; (ii) earned at least 700
539	539	8 hours of supervised internship experience from an
540	540	9 accredited educational institution; and (iii) has
541	541	10 completed at least 3,360 total hours of postgraduate
542	542	11 experience under direct supervision completed in a
543	543	12 period of not less than 2 years. Of these 3,360 total
544	544	13 hours, 1,680 hours must be in direct contact with a
545	545	14 client and 1,000 hours of the 1,680 client contact
546	546	15 hours must be direct provision of art therapy under
547	547	16 the supervision of a Board-Certified Registered Art
548	548	17 Therapist certified by the Art Therapy Credentials
549	549	18 Board, an Art Therapy Certified Supervisor
550	550	19 credentialed by the Art Therapy Credentials Board, or
551	551	20 a licensed clinical professional art therapist, the
552	552	21 remaining hours may be earned under the supervision of
553	553	22 any qualified art therapy supervisor.
554	554	23 Section 60. Qualifications for licensure as a licensed
555	555	24 associate art therapist. The Secretary shall issue a license
556	556	25 for an associate art therapist to an applicant who has
557	557
558	558
559	559
560	560
561	561
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563	563
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567	567	1 submitted evidence, satisfactory to the Secretary, that the
568	568	2 applicant has:
569	569	3 (1) Completed the educational requirements for
570	570	4 licensure as a clinical professional art therapist in the
571	571	5 State of Illinois as outlined in Section 55.
572	572	6 (2) Entered into an agreement for supervision with a
573	573	7 qualified art therapy supervisor.
574	574	8 A license issued under this Section is valid for a period
575	575	9 of 5 years. At the end of the 5-year period, a licensed
576	576	10 associate art therapist who has not met the requirements for
577	577	11 licensure as a clinical professional art therapist may submit
578	578	12 an application for extension of licensure as an associate art
579	579	13 therapist to the Secretary. The application shall include (i)
580	580	14 a plan for completing the requirements to obtain licensure as
581	581	15 a licensed clinical professional art therapist, (ii)
582	582	16 documentation of compliance with the continuing education
583	583	17 requirements, (iii) documentation of compliance with
584	584	18 requirements related to supervision, and (iv) letters of
585	585	19 recommendation from at least 2 qualified art therapy
586	586	20 supervisors. An extension of a license as an associate art
587	587	21 therapist under this Section is valid for a period of 2 years
588	588	22 and is not renewable.
589	589	23 Section 65. Unlawful practice of licensed associate art
590	590	24 therapists; rules.
591	591	25 (a) It is unlawful for a person to practice as a licensed
592	592
593	593
594	594
595	595
596	596
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598	598
599	599
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601	601	HB5019 - 17 - LRB103 36304 AWJ 66402 b
602	602	1 associate art therapist or to hold oneself out to be or
603	603	2 represent or permit to be represented that the person is a
604	604	3 licensed associate art therapist unless the person holds a
605	605	4 license as a licensed associate art therapist issued by the
606	606	5 Department.
607	607	6 (b) The Department shall adopt rules governing
608	608	7 requirements for the practice of licensed associate art
609	609	8 therapists. The rules shall include requirements for
610	610	9 continuing education and supervision of licensed associate art
611	611	10 therapists.
612	612	11 Section 70. Standards for supervision.
613	613	12 (a) A qualified art therapy supervisor shall:
614	614	13 (1) supervise only in those areas within the qualified
615	615	14 art therapy supervisor's competence, as determined by
616	616	15 education, training, and experience;
617	617	16 (2) provide supervision appropriate to the particular
618	618	17 level of licensure being applied for or maintained;
619	619	18 (3) ensure that the supervisee is practicing within
620	620	19 the scope of the supervisee's license;
621	621	20 (b) In addition to the requirements of subsection (a), a
622	622	21 qualified art therapy supervisor shall specifically instruct
623	623	22 and provide guidance:
624	624	23 (1) relating to the qualified art therapy supervisor's
625	625	24 scope of practice of clinical professional art therapy;
626	626	25 (2) to supervisees in appropriate billing practices if
627	627
628	628
629	629
630	630
631	631
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633	633
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637	637	1 applicable to the practice site, including:
638	638	2 (A) providing services involving the application
639	639	3 of therapy principles and methods in the diagnosis,
640	640	4 prevention, treatment, and amelioration of
641	641	5 psychological problems, emotional conditions, or
642	642	6 mental conditions of individuals, families, couples,
643	643	7 or groups;
644	644	8 (B) recordkeeping;
645	645	9 (C) disclosure of fees and financial arrangements;
646	646	10 and
647	647	11 (D) appropriate maintenance and destruction of
648	648	12 clinical and financial records.
649	649	13 Section 75. License renewal.
650	650	14 (a) Every license issued under this Act shall be renewed
651	651	15 biennially. A license shall be renewed upon payment of a
652	652	16 renewal fee if the applicant is in compliance with this Act at
653	653	17 the time of application for renewal. The following shall also
654	654	18 be required for license renewal:
655	655	19 (1) Proof of completion of a minimum of 40 hours of
656	656	20 continuing education as established by rule.
657	657	21 (2) For those licensed clinical professional art
658	658	22 therapists that have direct patient interactions with
659	659	23 adult populations age 26 or older, proof of completion of
660	660	24 at least one hour of training on the diagnosis, treatment,
661	661	25 and care of individuals with Alzheimer's disease and other
662	662
663	663
664	664
665	665
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668	668
669	669
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672	672	1 dementias per renewal period; this training shall include,
673	673	2 but not be limited to, assessment and diagnosis, effective
674	674	3 communication strategies, and management and care
675	675	4 planning; this one-hour course counts toward meeting the
676	676	5 minimum credit hours required for continuing education.
677	677	6 (b) A licensee shall inform the Secretary of any changes
678	678	7 to the licensee's address. Each licensee shall be responsible
679	679	8 for timely renewal of the licensee's license.
680	680	9 Section 80. Inactive status. A person who notifies the
681	681	10 Department in writing on forms prescribed by the Department
682	682	11 may elect to place the person's license on inactive status and
683	683	12 shall, subject to rule of the Department, be excused from
684	684	13 payment of renewal fees until the person notifies the
685	685	14 Department, in writing, of the person's desire to restore
686	686	15 active status. A person requesting restoration from inactive
687	687	16 status must pay the current renewal fee to restore the
688	688	17 person's license. Practice by an individual whose license is
689	689	18 on inactive status shall be considered to be the unlicensed
690	690	19 practice of art therapy and shall be grounds for discipline
691	691	20 under this Act.
692	692	21 Section 85. Fees; deposit of fees. The Department shall,
693	693	22 by rule, establish all fees for the administration and
694	694	23 enforcement of this Act. These fees are nonrefundable. All the
695	695	24 fees and fines collected under this Act shall be deposited
696	696
697	697
698	698
699	699
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702	702
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706	706	1 into the General Professions Dedicated Fund. The moneys
707	707	2 deposited into the General Professions Dedicated Fund under
708	708	3 this Act shall be used by the Department, as appropriate, for
709	709	4 the ordinary and contingent expenses of the Department. Moneys
710	710	5 deposited in the General Professions Dedicated Fund under this
711	711	6 Act may be invested and reinvested, with all earnings received
712	712	7 from these investments being deposited into that Fund and used
713	713	8 for the same purposes as the fees and fines deposited in that
714	714	9 Fund.
715	715	10 Section 90. Checks or orders dishonored. A person who
716	716	11 issues or delivers a check or other order to the Department
717	717	12 that is returned to the Department unpaid by the financial
718	718	13 institution upon which it is drawn shall pay to the
719	719	14 Department, in addition to the amount already owed to the
720	720	15 Department, a fine of $50. The fines imposed by this Section
721	721	16 are in addition to any other discipline provided under this
722	722	17 Act prohibiting unlicensed practice or practice on a
723	723	18 nonrenewed license. The Department shall notify the person
724	724	19 that payment of fees and fines shall be paid to the Department
725	725	20 by certified check or money order within 30 calendar days
726	726	21 after notification. If, after the expiration of 30 days from
727	727	22 the date of the notification, the person has failed to submit
728	728	23 the necessary remittance, the Department shall automatically
729	729	24 terminate the license or certification or deny the
730	730	25 application, without hearing. If, after termination or denial,
731	731
732	732
733	733
734	734
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741	741	1 the person seeks a license, the person shall apply to the
742	742	2 Department for restoration or issuance of the license and pay
743	743	3 all fees and fines due to the Department. The Department may
744	744	4 establish a fee for the processing of an application for
745	745	5 restoration of a license to pay all costs and expenses of
746	746	6 processing of the application. The Secretary may waive the
747	747	7 fines due under this Section in individual cases where the
748	748	8 Secretary finds that the fines would be unnecessarily
749	749	9 burdensome.
750	750	10 Section 95. Endorsement.
751	751	11 (a) An applicant licensed as a licensed clinical
752	752	12 professional art therapist or its equivalent in another state,
753	753	13 territory, or jurisdiction, as recognized by the Department,
754	754	14 is eligible for licensure if the applicant provides:
755	755	15 (1) a completed Department-approved application and
756	756	16 paid the required fees;
757	757	17 (2) an official transcript from the educational
758	758	18 institution which awarded the master's or doctoral degree;
759	759	19 (3) a copy of a current license from each state,
760	760	20 territory, or jurisdiction in which the applicant has been
761	761	21 licensed, registered, or otherwise authorized to practice
762	762	22 clinical professional art therapy;
763	763	23 (4) documentation, satisfactory to the Department,
764	764	24 that the applicant is currently licensed in good standing
765	765	25 to practice art therapy in another state, territory, or
766	766
767	767
768	768
769	769
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776	776	1 jurisdiction; and
777	777	2 (5) verification that the applicant has:
778	778	3 (A) no history of disciplinary action, past or
779	779	4 pending, in a state, territory, or jurisdiction in
780	780	5 which the applicant holds a license to practice art
781	781	6 therapy; and
782	782	7 (B) not committed any act or omission that would
783	783	8 be grounds for discipline or denial of licensure.
784	784	9 (b) An applicant is eligible for licensure as a licensed
785	785	10 clinical professional art therapist by the Department if the
786	786	11 applicant (i) is a resident of Illinois, (ii) has completed
787	787	12 the required education and supervision required under Section
788	788	13 55, and (iii) has practiced art therapy for a period of not
789	789	14 less than 2 years before the effective date of this Act.
790	790	15 Section 100. Privileged communications and exceptions.
791	791	16 (a) A licensed clinical professional art therapist or
792	792	17 licensed associate art therapist may not disclose any
793	793	18 information acquired from persons consulting the therapist in
794	794	19 a professional capacity, except that which may be voluntarily
795	795	20 disclosed under any of the following circumstances:
796	796	21 (1) In the course of formally reporting, conferring,
797	797	22 or consulting with administrative superiors, colleagues,
798	798	23 or consultants who share professional responsibility, in
799	799	24 which instance all recipients of the information are
800	800	25 similarly bound to regard the communication as privileged.
801	801
802	802
803	803
804	804
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807	807
808	808
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811	811	1 (2) With the written consent of the person who
812	812	2 provided the information and about whom the information
813	813	3 concerns.
814	814	4 (3) In the case of death or disability, with the
815	815	5 written consent of the personal representative of an
816	816	6 estate or of a person.
817	817	7 (4) When a communication reveals the intended
818	818	8 commission of a crime or harmful act and the disclosure is
819	819	9 judged necessary in the professional judgment of the
820	820	10 licensed clinical professional art therapist or licensed
821	821	11 associate art therapist to protect any person from a clear
822	822	12 risk of serious mental or physical harm or injury or to
823	823	13 forestall a serious threat to the public safety.
824	824	14 (5) When a person waives the privilege by bringing any
825	825	15 public charges or filing a lawsuit against the licensee.
826	826	16 (b) A person having access to records or a person who
827	827	17 participates in providing art therapy services, participates
828	828	18 in providing human services, or is supervised by a licensed
829	829	19 clinical professional art therapist is similarly bound to
830	830	20 regard all information and communications as privileged under
831	831	21 this Section.
832	832	22 Section 105. Grounds for discipline.
833	833	23 (a) The Department may refuse to issue, renew, or may
834	834	24 revoke, suspend, place on probation, reprimand, or take other
835	835	25 disciplinary or nondisciplinary action as the Department deems
836	836
837	837
838	838
839	839
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846	846	1 appropriate, including the issuance of fines not to exceed
847	847	2 $10,000 for each violation, with regard to any license for any
848	848	3 one or more of the following:
849	849	4 (1) Material misstatement in furnishing information to
850	850	5 the Department or to any other State agency.
851	851	6 (2) Violations or negligent or intentional disregard
852	852	7 of this Act, or any of its rules.
853	853	8 (3) Conviction by plea of guilty or nolo contendere,
854	854	9 finding of guilt by a judge or jury verdict or entry of
855	855	10 judgment or sentencing, including, but not limited to,
856	856	11 convictions, preceding sentences of supervision,
857	857	12 conditional discharge, or first offender probation, under
858	858	13 the laws of any jurisdiction of the United States (i) that
859	859	14 is a felony or (ii) that is a misdemeanor of which
860	860	15 dishonesty is an essential element of which is dishonesty
861	861	16 or that is directly related to the practice of art
862	862	17 therapy.
863	863	18 (4) Making any misrepresentation for the purpose of
864	864	19 obtaining a license, or violating any provision of this
865	865	20 Act or its rules.
866	866	21 (5) Negligence in the rendering of art therapy
867	867	22 services.
868	868	23 (6) Aiding or assisting another person in violating
869	869	24 any provision of this Act or any of its rules.
870	870	25 (7) Failing to provide information within 60 days in
871	871	26 response to a written request made by the Department.
872	872
873	873
874	874
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882	882	1 (8) Engaging in dishonorable, unethical, or
883	883	2 unprofessional conduct of a character likely to deceive,
884	884	3 defraud, or harm the public and violating the rules of
885	885	4 professional conduct adopted by the Department.
886	886	5 (9) Failing to maintain the confidentiality of any
887	887	6 information received from a client unless otherwise
888	888	7 authorized or required by law.
889	889	8 (10) Failure to maintain client records of services
890	890	9 provided and provide copies to clients upon request.
891	891	10 (11) Exploiting a client for personal advantage,
892	892	11 profit, or interest.
893	893	12 (12) Habitual or excessive use of or addiction to
894	894	13 alcohol, narcotics, stimulants, or any other chemical
895	895	14 agent or drug which results in inability to practice with
896	896	15 reasonable skill, judgment, or safety.
897	897	16 (13) Discipline by another governmental agency,
898	898	17 territory, or unit of government of the United States or a
899	899	18 foreign nation if at least one of the grounds for the
900	900	19 discipline is the same or substantially equivalent to
901	901	20 those set forth in this Section.
902	902	21 (14) Directly or indirectly giving to or receiving
903	903	22 from a person, firm, corporation, partnership, or
904	904	23 association any fee, commission, rebate, or other form of
905	905	24 compensation for a professional service not actually
906	906	25 rendered. Nothing in this paragraph affects a bona fide
907	907	26 independent contractor or employment arrangement among
908	908
909	909
910	910
911	911
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914	914
915	915
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918	918	1 health care professionals, health facilities, health care
919	919	2 providers, or other entities, except as otherwise
920	920	3 prohibited by law. An employment arrangement may include
921	921	4 provisions for compensation, health insurance, pension, or
922	922	5 other employment benefits for the provision of services
923	923	6 within the scope of the licensee's practice under this
924	924	7 Act. Nothing in this paragraph shall be construed to
925	925	8 require an employment arrangement to receive professional
926	926	9 fees for services rendered.
927	927	10 (15) A finding by the Department that the licensee,
928	928	11 after having the license placed on probationary status,
929	929	12 has violated the terms of probation.
930	930	13 (16) Failing to refer a client to other health care
931	931	14 professionals when the licensee is unable or unwilling to
932	932	15 adequately support or serve the client.
933	933	16 (17) Willfully filing false reports relating to a
934	934	17 licensee's practice, including, but not limited to, false
935	935	18 records filed with federal or State agencies or
936	936	19 departments.
937	937	20 (18) Willfully failing to report an instance of
938	938	21 suspected child abuse or neglect as required by the Abused
939	939	22 and Neglected Child Reporting Act.
940	940	23 (19) Being named as a perpetrator in an indicated
941	941	24 report by the Department of Children and Family Services
942	942	25 pursuant to the Abused and Neglected Child Reporting Act
943	943	26 and upon proof by clear and convincing evidence that the
944	944
945	945
946	946
947	947
948	948
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950	950
951	951
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954	954	1 licensee has caused a child to be an abused child or
955	955	2 neglected child as defined in the Abused and Neglected
956	956	3 Child Reporting Act.
957	957	4 (20) Physical or mental disability, including
958	958	5 deterioration through the aging process or loss of
959	959	6 abilities and skills that results in the inability to
960	960	7 practice the profession with reasonable judgment, skill,
961	961	8 or safety.
962	962	9 (21) Solicitation of professional services by using
963	963	10 false or misleading advertising.
964	964	11 (22) Fraud or making any misrepresentation in applying
965	965	12 for or procuring a license under this Act or in connection
966	966	13 with applying for renewal of a license under this Act.
967	967	14 (23) Practicing or attempting to practice under a name
968	968	15 other than the full name as shown on the license or any
969	969	16 other legally authorized name.
970	970	17 (24) Gross overcharging for professional services,
971	971	18 including filing statements for collection of fees or
972	972	19 moneys for which services are not rendered.
973	973	20 (25) Charging for professional services not rendered,
974	974	21 including filing false statements for the collection of
975	975	22 fees for which services are not rendered.
976	976	23 (26) Allowing one's license under this Act to be used
977	977	24 by an unlicensed person in violation of this Act.
978	978	25 (b) The determination by a court that a licensee is
979	979	26 subject to involuntary admission or judicial admission as
980	980
981	981
982	982
983	983
984	984
985	985	HB5019 - 27 - LRB103 36304 AWJ 66402 b
986	986
987	987
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989	989	HB5019 - 28 - LRB103 36304 AWJ 66402 b
990	990	1 provided in the Mental Health and Developmental Disabilities
991	991	2 Code shall result in an automatic suspension of the licensee's
992	992	3 license. The suspension ends upon a finding by a court that the
993	993	4 licensee is no longer subject to involuntary admission or
994	994	5 judicial admission, the issuance of an order so finding and
995	995	6 discharging the patient, and the determination of the
996	996	7 Secretary that the licensee be allowed to resume professional
997	997	8 practice.
998	998	9 (c) The Department may refuse to issue or renew or may
999	999	10 suspend without hearing the license of any person who fails to
1000	1000	11 file a return, to pay the tax penalty or interest shown in a
1001	1001	12 filed return, or to pay any final assessment of the tax,
1002	1002	13 penalty, or interest as required by any Act regarding the
1003	1003	14 payment of taxes administered by the Department of Revenue
1004	1004	15 until the requirements of the Act are satisfied in accordance
1005	1005	16 with subsection (g) of Section 2105-15 of the Department of
1006	1006	17 Professional Regulation Law of the Civil Administrative Code
1007	1007	18 of Illinois.
1008	1008	19 (d) If the Department of Healthcare and Family Services
1009	1009	20 has previously determined that a licensee or a potential
1010	1010	21 licensee is more than 30 days delinquent in the payment of
1011	1011	22 child support and has subsequently certified the delinquency
1012	1012	23 to the Department, the Department may refuse to issue or renew
1013	1013	24 or may revoke or suspend that person's license or may take
1014	1014	25 other disciplinary action against that person based solely
1015	1015	26 upon the certification of delinquency made by the Department
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	HB5019 - 28 - LRB103 36304 AWJ 66402 b
1022	1022
1023	1023
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1025	1025	HB5019 - 29 - LRB103 36304 AWJ 66402 b
1026	1026	1 of Healthcare and Family Services in accordance with paragraph
1027	1027	2 (5) of subsection (a) of Section 2105-15 of the Department of
1028	1028	3 Professional Regulation Law of the Civil Administrative Code
1029	1029	4 of Illinois.
1030	1030	5 (e) All fines or costs imposed under this Section shall be
1031	1031	6 paid within 60 days after the effective date of the order
1032	1032	7 imposing the fine or costs or in accordance with the terms set
1033	1033	8 forth in the order imposing the fine.
1034	1034	9 Section 110. Violations; injunction; cease and desist
1035	1035	10 order.
1036	1036	11 (a) If any person violates the provisions of this Act, the
1037	1037	12 Secretary may, in the name of the People of the State of
1038	1038	13 Illinois, through the Attorney General or the State's Attorney
1039	1039	14 of any county in which the violation is alleged to have
1040	1040	15 occurred, petition for an order enjoining the violation or for
1041	1041	16 an order enforcing compliance with this Act. Upon the filing
1042	1042	17 of a verified petition, the court with appropriate
1043	1043	18 jurisdiction may issue a temporary restraining order without
1044	1044	19 notice or bond and may preliminarily and permanently enjoin
1045	1045	20 the violation. If it is established that the person has
1046	1046	21 violated or is violating the injunction, the court may punish
1047	1047	22 the offender for contempt of court. Proceedings under this
1048	1048	23 Section are in addition to all other remedies and penalties
1049	1049	24 provided by this Act.
1050	1050	25 (b) Whenever, in the opinion of the Department, a person
1051	1051
1052	1052
1053	1053
1054	1054
1055	1055
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1057	1057
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1061	1061	1 violates any provision of this Act, the Department may issue a
1062	1062	2 rule to show cause why an order to cease and desist should not
1063	1063	3 be entered against that person. The rule shall clearly set
1064	1064	4 forth the grounds relied upon by the Department and shall
1065	1065	5 allow at least 7 days from the date of the rule to file an
1066	1066	6 answer satisfactory to the Department. Failure to answer to
1067	1067	7 the satisfaction of the Department shall cause an order to
1068	1068	8 cease and desist to be issued.
1069	1069	9 Section 115. Investigations; notice and hearing. The
1070	1070	10 Department may investigate the actions of an applicant or a
1071	1071	11 person holding or claiming to hold a license or engaging in the
1072	1072	12 practice of art therapy. The Department shall, before
1073	1073	13 revoking, suspending, placing on probation, reprimanding, or
1074	1074	14 taking any other disciplinary action under Section 105, at
1075	1075	15 least 30 days before the date set for the hearing, (i) notify
1076	1076	16 the accused, in writing, of any charges made and the time and
1077	1077	17 place for the hearing on the charges, (ii) direct the accused
1078	1078	18 to file a written answer to the charges with the Department
1079	1079	19 under oath within 20 days after service of the notice, and
1080	1080	20 (iii) inform the accused that, if the accused fails to answer,
1081	1081	21 default will be taken against the accused or that the
1082	1082	22 accused's license may be suspended, revoked, placed on
1083	1083	23 probationary status, or other disciplinary action taken with
1084	1084	24 regard to the license, including limiting the scope, nature,
1085	1085	25 or extent of the accused's practice, as the Department may
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090
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1092	1092
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1095	1095	HB5019 - 31 - LRB103 36304 AWJ 66402 b
1096	1096	1 deem proper. In case the person, after receiving notice, fails
1097	1097	2 to file an answer, the accused's license may, in the
1098	1098	3 discretion of the Department, be suspended, revoked, placed on
1099	1099	4 probationary status, or the Department may take whatever
1100	1100	5 disciplinary action considered proper, including limiting the
1101	1101	6 scope, nature, or extent of the person's practice or the
1102	1102	7 imposition of a fine, without a hearing, if the act or acts
1103	1103	8 charged constitute sufficient grounds for such action under
1104	1104	9 this Act. The written notice may be served by personal
1105	1105	10 delivery, mail, or email to the address of record or email
1106	1106	11 address of record.
1107	1107	12 Section 120. Record of proceedings; transcript. The
1108	1108	13 Department, at its expense, shall preserve a record of all
1109	1109	14 proceedings at the formal hearing of any case except as
1110	1110	15 otherwise provided by statute or rule.
1111	1111	16 Section 125. Subpoenas; depositions; oaths. The Department
1112	1112	17 may subpoena and bring before it any person in this State and
1113	1113	18 take the oral or written testimony or compel the production of
1114	1114	19 any books, papers, records, or any other documents that the
1115	1115	20 Secretary or the Secretary's designee deems relevant or
1116	1116	21 material to any investigation or hearing conducted by the
1117	1117	22 Department with the same fees and mileage and in the same
1118	1118	23 manner as prescribed in civil cases in the courts of this
1119	1119	24 State. The Secretary, the shorthand court reporter, the
1120	1120
1121	1121
1122	1122
1123	1123
1124	1124
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1126	1126
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1130	1130	1 designated hearing officer, and every member of the Advisory
1131	1131	2 Board may administer oaths at any hearing which the Department
1132	1132	3 conducts. Notwithstanding any other statute or Department rule
1133	1133	4 to the contrary, all requests for testimony and for the
1134	1134	5 production of documents or records shall be in accordance with
1135	1135	6 this Act.
1136	1136	7 Section 130. Compelling testimony. Any court, upon
1137	1137	8 application of the Department, designated hearing officer, or
1138	1138	9 the applicant or licensee against whom proceedings under
1139	1139	10 Section 105 are pending may order the attendance and testimony
1140	1140	11 of witnesses and the production of relevant documents, papers,
1141	1141	12 files, books, and records in connection with a hearing or
1142	1142	13 investigation. The court may compel obedience to its order by
1143	1143	14 proceedings for contempt.
1144	1144	15 Section 135. Findings and recommendations. At the
1145	1145	16 conclusion of the hearing, the hearing officer or Advisory
1146	1146	17 Board shall present to the Secretary a written report of its
1147	1147	18 findings of fact, conclusions of law, and recommendations. The
1148	1148	19 report shall contain a finding whether the licensee violated
1149	1149	20 this Act or failed to comply with the conditions required in
1150	1150	21 this Act. The hearing officer or Advisory Board shall specify
1151	1151	22 the nature of the violation or failure to comply and shall make
1152	1152	23 its recommendations to the Secretary. The report of findings
1153	1153	24 of fact, conclusions of law, and recommendation of the hearing
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158
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1160	1160
1161	1161
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1163	1163	HB5019 - 33 - LRB103 36304 AWJ 66402 b
1164	1164	1 officer or Advisory Board shall be the basis for the
1165	1165	2 Department's order for refusing to issue, restore, or renew a
1166	1166	3 license, or for otherwise disciplining a licensee. If the
1167	1167	4 Secretary disagrees with the recommendations of the hearing
1168	1168	5 officer or Advisory Board, the Secretary may issue an order in
1169	1169	6 contravention of the hearing officer's or Advisory Board's
1170	1170	7 recommendations. The finding is not admissible in evidence
1171	1171	8 against the person in a criminal prosecution brought for the
1172	1172	9 violation of this Act, but the hearing and findings are not a
1173	1173	10 bar to a criminal prosecution brought for the violation of
1174	1174	11 this Act.
1175	1175	12 Section 140. Secretary; rehearing. Whenever the Secretary
1176	1176	13 believes substantial justice has not been done in the
1177	1177	14 revocation, suspension, or refusal to issue or renew a license
1178	1178	15 or the discipline of a licensee, the Secretary may order a
1179	1179	16 rehearing.
1180	1180	17 Section 145. Appointment of a hearing officer. The
1181	1181	18 Secretary has the authority to appoint an attorney licensed to
1182	1182	19 practice law in the State to serve as the hearing officer in an
1183	1183	20 action for refusal to issue or renew a license or permit or to
1184	1184	21 discipline a licensee. The hearing officer has full authority
1185	1185	22 to conduct the hearing. The hearing officer shall report the
1186	1186	23 hearing officer's findings of fact, conclusions of law, and
1187	1187	24 recommendations to the Secretary.
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
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1194	1194
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1197	1197	HB5019 - 34 - LRB103 36304 AWJ 66402 b
1198	1198	1 Section 150. Order or certified copy; prima facie proof.
1199	1199	2 An order or certified copy of an order, over the seal of the
1200	1200	3 Department and purporting to be signed by the Secretary, is
1201	1201	4 prima facie proof that: (1) the signature is the genuine
1202	1202	5 signature of the Secretary; and (2) the Secretary is duly
1203	1203	6 appointed and qualified.
1204	1204	7 Section 155. Restoration of license from discipline. At
1205	1205	8 any time after the successful completion of a term of
1206	1206	9 indefinite probation, suspension, or revocation of a license,
1207	1207	10 the Department may restore the license to active status,
1208	1208	11 unless, after an investigation and a hearing, the Secretary
1209	1209	12 determines that restoration is not in the public interest. A
1210	1210	13 person whose license has been revoked as authorized in this
1211	1211	14 Act may not apply for restoration of that license until
1212	1212	15 authorized to do so under the Civil Administrative Code of
1213	1213	16 Illinois.
1214	1214	17 Section 160. Summary suspension of license. The Secretary
1215	1215	18 may summarily suspend the license of an art therapist without
1216	1216	19 a hearing, simultaneously with the institution of proceedings
1217	1217	20 for a hearing provided for in Section 115, if the Secretary
1218	1218	21 finds that the evidence indicates that the continuation of
1219	1219	22 practice by the licensed clinical professional art therapist
1220	1220	23 would constitute an imminent danger to the public. If the
1221	1221
1222	1222
1223	1223
1224	1224
1225	1225
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1227	1227
1228	1228
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1230	1230	HB5019 - 35 - LRB103 36304 AWJ 66402 b
1231	1231	1 Secretary summarily suspends the license of an individual
1232	1232	2 without a hearing, a hearing must be held within 30 days after
1233	1233	3 the suspension has occurred and shall be concluded as
1234	1234	4 expeditiously as possible.
1235	1235	5 Section 165. Administrative review; venue.
1236	1236	6 (a) All final administrative decisions of the Department
1237	1237	7 are subject to judicial review pursuant to the Administrative
1238	1238	8 Review Law and its rules. As used in this Section,
1239	1239	9 "administrative decision" has the same meaning as used in
1240	1240	10 Section 3-101 of the Code of Civil Procedure.
1241	1241	11 (b) Proceedings for judicial review shall be commenced in
1242	1242	12 the circuit court of the county in which the party applying for
1243	1243	13 review resides, but if the party is not a resident of this
1244	1244	14 State, the venue shall be in Sangamon County.
1245	1245	15 Section 170. Certification of record; costs. The
1246	1246	16 Department does not need to certify a record to the court, to
1247	1247	17 file an answer in court, or to otherwise appear in court in a
1248	1248	18 judicial review proceeding unless the Department has received
1249	1249	19 from the plaintiff payment of the costs of furnishing and
1250	1250	20 certifying the record, which costs shall be determined by the
1251	1251	21 Department. Failure on the part of the plaintiff to file the
1252	1252	22 receipt in court is grounds for dismissal of the action.
1253	1253	23 Section 175. Violations. Unless otherwise specified, a
1254	1254
1255	1255
1256	1256
1257	1257
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1260	1260
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1264	1264	1 person found to have violated any provision of this Act is
1265	1265	2 guilty of a Class A misdemeanor.
1266	1266	3 Section 180. Illinois Administrative Procedure Act;
1267	1267	4 application. The Illinois Administrative Procedure Act is
1268	1268	5 incorporated in this Act as if all the provisions of that Act
1269	1269	6 were included in this Act, except subsection (d) of Section
1270	1270	7 10-65 of the Illinois Administrative Procedure Act, which
1271	1271	8 provides that at hearings the license holder has the right to
1272	1272	9 show compliance with all lawful requirements for retention,
1273	1273	10 continuation, or renewal of the license, is specifically
1274	1274	11 excluded. For the purpose of this Act, the notice required
1275	1275	12 under Section 10-25 of the Illinois Administrative Procedure
1276	1276	13 Act is deemed sufficient when mailed to the last known address
1277	1277	14 of a party or the address of record.
1278	1278	15 Section 185. Home rule. The regulation and licensing of
1279	1279	16 clinical professional art therapists and associate art
1280	1280	17 therapists are exclusive powers and functions of the State. A
1281	1281	18 home rule unit may not regulate or license clinical
1282	1282	19 professional art therapists or associate art therapists. This
1283	1283	20 Section is a denial and limitation of home rule powers and
1284	1284	21 functions under subsection (h) of Section 6 of Article VII of
1285	1285	22 the Illinois Constitution.
1286	1286	23 Section 190. Confidentiality. All information collected by
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291
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1293	1293
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1297	1297	1 the Department in the course of an examination or
1298	1298	2 investigation of a licensee or applicant, including, but not
1299	1299	3 limited to, a complaint against a licensee filed with the
1300	1300	4 Department and information collected to investigate a
1301	1301	5 complaint, shall be maintained for the confidential use of the
1302	1302	6 Department and shall not be disclosed. The Department shall
1303	1303	7 not disclose the information to anyone other than law
1304	1304	8 enforcement officials, regulatory agencies that have an
1305	1305	9 appropriate regulatory interest as determined by the
1306	1306	10 Secretary, or a party presenting a lawful subpoena to the
1307	1307	11 Department. Information and documents disclosed to a federal,
1308	1308	12 State, county, or local law enforcement agency shall not be
1309	1309	13 disclosed by the agency for any purpose to any other agency or
1310	1310	14 person. A formal complaint filed against a licensee or
1311	1311	15 applicant by the Department or any other complaint issued by
1312	1312	16 the Department against a licensee or applicant shall be a
1313	1313	17 public record, except as otherwise prohibited by law.
1314	1314	18 Section 900. The Regulatory Sunset Act is amended by
1315	1315	19 changing Section 4.40 as follows:
1316	1316	20 (5 ILCS 80/4.40)
1317	1317	21 Sec. 4.40. Acts repealed on January 1, 2030. The following
1318	1318	22 Acts are repealed on January 1, 2030:
1319	1319	23 The Art Therapy Licensing and Practice Act
1320	1320	24 The Auction License Act.
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325
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1327	1327
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1331	1331	1 The Illinois Architecture Practice Act of 1989.
1332	1332	2 The Illinois Professional Land Surveyor Act of 1989.
1333	1333	3 The Orthotics, Prosthetics, and Pedorthics Practice Act.
1334	1334	4 The Perfusionist Practice Act.
1335	1335	5 The Professional Engineering Practice Act of 1989.
1336	1336	6 The Real Estate License Act of 2000.
1337	1337	7 The Structural Engineering Practice Act of 1989.
1338	1338	8 (Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
1339	1339	9 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
1340	1340	10 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
1341	1341	11 eff. 8-9-19; 102-558, eff. 8-20-21.)
1342	1342	12 Section 905. The Abused and Neglected Child Reporting Act
1343	1343	13 is amended by changing Section 4 as follows:
1344	1344	14 (325 ILCS 5/4)
1345	1345	15 Sec. 4. Persons required to report; privileged
1346	1346	16 communications; transmitting false report.
1347	1347	17 (a) The following persons are required to immediately
1348	1348	18 report to the Department when they have reasonable cause to
1349	1349	19 believe that a child known to them in their professional or
1350	1350	20 official capacities may be an abused child or a neglected
1351	1351	21 child:
1352	1352	22 (1) Medical personnel, including any: physician
1353	1353	23 licensed to practice medicine in any of its branches
1354	1354	24 (medical doctor or doctor of osteopathy); resident;
1355	1355
1356	1356
1357	1357
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1365	1365	1 intern; medical administrator or personnel engaged in the
1366	1366	2 examination, care, and treatment of persons; psychiatrist;
1367	1367	3 surgeon; dentist; dental hygienist; chiropractic
1368	1368	4 physician; podiatric physician; physician assistant;
1369	1369	5 emergency medical technician; physical therapist; physical
1370	1370	6 therapy assistant; occupational therapist; occupational
1371	1371	7 therapy assistant; acupuncturist; registered nurse;
1372	1372	8 licensed practical nurse; advanced practice registered
1373	1373	9 nurse; genetic counselor; respiratory care practitioner;
1374	1374	10 home health aide; or certified nursing assistant.
1375	1375	11 (2) Social services and mental health personnel,
1376	1376	12 including any: licensed professional counselor; licensed
1377	1377	13 clinical professional counselor; licensed social worker;
1378	1378	14 licensed clinical social worker; licensed psychologist or
1379	1379	15 assistant working under the direct supervision of a
1380	1380	16 psychologist; associate licensed marriage and family
1381	1381	17 therapist; licensed marriage and family therapist;
1382	1382	18 licensed clinical professional art therapist; licensed
1383	1383	19 associate art therapist; field personnel of the
1384	1384	20 Departments of Healthcare and Family Services, Public
1385	1385	21 Health, Human Services, Human Rights, or Children and
1386	1386	22 Family Services; supervisor or administrator of the
1387	1387	23 General Assistance program established under Article VI of
1388	1388	24 the Illinois Public Aid Code; social services
1389	1389	25 administrator; or substance abuse treatment personnel.
1390	1390	26 (3) Crisis intervention personnel, including any:
1391	1391
1392	1392
1393	1393
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1401	1401	1 crisis line or hotline personnel; or domestic violence
1402	1402	2 program personnel.
1403	1403	3 (4) Education personnel, including any: school
1404	1404	4 personnel (including administrators and certified and
1405	1405	5 non-certified school employees); personnel of institutions
1406	1406	6 of higher education; educational advocate assigned to a
1407	1407	7 child in accordance with the School Code; member of a
1408	1408	8 school board or the Chicago Board of Education or the
1409	1409	9 governing body of a private school (but only to the extent
1410	1410	10 required under subsection (d)); or truant officer.
1411	1411	11 (5) Recreation or athletic program or facility
1412	1412	12 personnel; or an athletic trainer.
1413	1413	13 (6) Child care personnel, including any: early
1414	1414	14 intervention provider as defined in the Early Intervention
1415	1415	15 Services System Act; director or staff assistant of a
1416	1416	16 nursery school or a child day care center; or foster
1417	1417	17 parent, homemaker, or child care worker.
1418	1418	18 (7) Law enforcement personnel, including any: law
1419	1419	19 enforcement officer; field personnel of the Department of
1420	1420	20 Juvenile Justice; field personnel of the Department of
1421	1421	21 Corrections; probation officer; or animal control officer
1422	1422	22 or field investigator of the Department of Agriculture's
1423	1423	23 Bureau of Animal Health and Welfare.
1424	1424	24 (8) Any funeral home director; funeral home director
1425	1425	25 and embalmer; funeral home employee; coroner; or medical
1426	1426	26 examiner.
1427	1427
1428	1428
1429	1429
1430	1430
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1433	1433
1434	1434
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1437	1437	1 (9) Any member of the clergy.
1438	1438	2 (10) Any physician, physician assistant, registered
1439	1439	3 nurse, licensed practical nurse, medical technician,
1440	1440	4 certified nursing assistant, licensed social worker,
1441	1441	5 licensed clinical social worker, or licensed professional
1442	1442	6 counselor of any office, clinic, licensed behavior
1443	1443	7 analyst, licensed assistant behavior analyst, or any other
1444	1444	8 physical location that provides abortions, abortion
1445	1445	9 referrals, or contraceptives.
1446	1446	10 (b) When 2 or more persons who work within the same
1447	1447	11 workplace and are required to report under this Act share a
1448	1448	12 reasonable cause to believe that a child may be an abused or
1449	1449	13 neglected child, one of those reporters may be designated to
1450	1450	14 make a single report. The report shall include the names and
1451	1451	15 contact information for the other mandated reporters sharing
1452	1452	16 the reasonable cause to believe that a child may be an abused
1453	1453	17 or neglected child. The designated reporter must provide
1454	1454	18 written confirmation of the report to those mandated reporters
1455	1455	19 within 48 hours. If confirmation is not provided, those
1456	1456	20 mandated reporters are individually responsible for
1457	1457	21 immediately ensuring a report is made. Nothing in this Section
1458	1458	22 precludes or may be used to preclude any person from reporting
1459	1459	23 child abuse or child neglect.
1460	1460	24 (c)(1) As used in this Section, "a child known to them in
1461	1461	25 their professional or official capacities" means:
1462	1462	26 (A) the mandated reporter comes into contact with the
1463	1463
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1473	1473	1 child in the course of the reporter's employment or
1474	1474	2 practice of a profession, or through a regularly scheduled
1475	1475	3 program, activity, or service;
1476	1476	4 (B) the mandated reporter is affiliated with an
1477	1477	5 agency, institution, organization, school, school
1478	1478	6 district, regularly established church or religious
1479	1479	7 organization, or other entity that is directly responsible
1480	1480	8 for the care, supervision, guidance, or training of the
1481	1481	9 child; or
1482	1482	10 (C) a person makes a specific disclosure to the
1483	1483	11 mandated reporter that an identifiable child is the victim
1484	1484	12 of child abuse or child neglect, and the disclosure
1485	1485	13 happens while the mandated reporter is engaged in the
1486	1486	14 reporter's employment or practice of a profession, or in a
1487	1487	15 regularly scheduled program, activity, or service.
1488	1488	16 (2) Nothing in this Section requires a child to come
1489	1489	17 before the mandated reporter in order for the reporter to make
1490	1490	18 a report of suspected child abuse or child neglect.
1491	1491	19 (d) If an allegation is raised to a school board member
1492	1492	20 during the course of an open or closed school board meeting
1493	1493	21 that a child who is enrolled in the school district of which
1494	1494	22 the person is a board member is an abused child as defined in
1495	1495	23 Section 3 of this Act, the member shall direct or cause the
1496	1496	24 school board to direct the superintendent of the school
1497	1497	25 district or other equivalent school administrator to comply
1498	1498	26 with the requirements of this Act concerning the reporting of
1499	1499
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1509	1509	1 child abuse. For purposes of this paragraph, a school board
1510	1510	2 member is granted the authority in that board member's
1511	1511	3 individual capacity to direct the superintendent of the school
1512	1512	4 district or other equivalent school administrator to comply
1513	1513	5 with the requirements of this Act concerning the reporting of
1514	1514	6 child abuse.
1515	1515	7 Notwithstanding any other provision of this Act, if an
1516	1516	8 employee of a school district has made a report or caused a
1517	1517	9 report to be made to the Department under this Act involving
1518	1518	10 the conduct of a current or former employee of the school
1519	1519	11 district and a request is made by another school district for
1520	1520	12 the provision of information concerning the job performance or
1521	1521	13 qualifications of the current or former employee because the
1522	1522	14 current or former employee is an applicant for employment with
1523	1523	15 the requesting school district, the general superintendent of
1524	1524	16 the school district to which the request is being made must
1525	1525	17 disclose to the requesting school district the fact that an
1526	1526	18 employee of the school district has made a report involving
1527	1527	19 the conduct of the applicant or caused a report to be made to
1528	1528	20 the Department, as required under this Act. Only the fact that
1529	1529	21 an employee of the school district has made a report involving
1530	1530	22 the conduct of the applicant or caused a report to be made to
1531	1531	23 the Department may be disclosed by the general superintendent
1532	1532	24 of the school district to which the request for information
1533	1533	25 concerning the applicant is made, and this fact may be
1534	1534	26 disclosed only in cases where the employee and the general
1535	1535
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1545	1545	1 superintendent have not been informed by the Department that
1546	1546	2 the allegations were unfounded. An employee of a school
1547	1547	3 district who is or has been the subject of a report made
1548	1548	4 pursuant to this Act during the employee's employment with the
1549	1549	5 school district must be informed by that school district that
1550	1550	6 if the employee applies for employment with another school
1551	1551	7 district, the general superintendent of the former school
1552	1552	8 district, upon the request of the school district to which the
1553	1553	9 employee applies, shall notify that requesting school district
1554	1554	10 that the employee is or was the subject of such a report.
1555	1555	11 (e) Whenever such person is required to report under this
1556	1556	12 Act in the person's capacity as a member of the staff of a
1557	1557	13 medical or other public or private institution, school,
1558	1558	14 facility or agency, or as a member of the clergy, the person
1559	1559	15 shall make report immediately to the Department in accordance
1560	1560	16 with the provisions of this Act and may also notify the person
1561	1561	17 in charge of such institution, school, facility or agency, or
1562	1562	18 church, synagogue, temple, mosque, or other religious
1563	1563	19 institution, or designated agent of the person in charge that
1564	1564	20 such report has been made. Under no circumstances shall any
1565	1565	21 person in charge of such institution, school, facility or
1566	1566	22 agency, or church, synagogue, temple, mosque, or other
1567	1567	23 religious institution, or designated agent of the person in
1568	1568	24 charge to whom such notification has been made, exercise any
1569	1569	25 control, restraint, modification or other change in the report
1570	1570	26 or the forwarding of such report to the Department.
1571	1571
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1581	1581	1 (f) In addition to the persons required to report
1582	1582	2 suspected cases of child abuse or child neglect under this
1583	1583	3 Section, any other person may make a report if such person has
1584	1584	4 reasonable cause to believe a child may be an abused child or a
1585	1585	5 neglected child.
1586	1586	6 (g) The privileged quality of communication between any
1587	1587	7 professional person required to report and the professional
1588	1588	8 person's patient or client shall not apply to situations
1589	1589	9 involving abused or neglected children and shall not
1590	1590	10 constitute grounds for failure to report as required by this
1591	1591	11 Act or constitute grounds for failure to share information or
1592	1592	12 documents with the Department during the course of a child
1593	1593	13 abuse or neglect investigation. If requested by the
1594	1594	14 professional, the Department shall confirm in writing that the
1595	1595	15 information or documents disclosed by the professional were
1596	1596	16 gathered in the course of a child abuse or neglect
1597	1597	17 investigation.
1598	1598	18 The reporting requirements of this Act shall not apply to
1599	1599	19 the contents of a privileged communication between an attorney
1600	1600	20 and the attorney's client or to confidential information
1601	1601	21 within the meaning of Rule 1.6 of the Illinois Rules of
1602	1602	22 Professional Conduct relating to the legal representation of
1603	1603	23 an individual client.
1604	1604	24 A member of the clergy may claim the privilege under
1605	1605	25 Section 8-803 of the Code of Civil Procedure.
1606	1606	26 (h) Any office, clinic, or any other physical location
1607	1607
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1617	1617	1 that provides abortions, abortion referrals, or contraceptives
1618	1618	2 shall provide to all office personnel copies of written
1619	1619	3 information and training materials about abuse and neglect and
1620	1620	4 the requirements of this Act that are provided to employees of
1621	1621	5 the office, clinic, or physical location who are required to
1622	1622	6 make reports to the Department under this Act, and instruct
1623	1623	7 such office personnel to bring to the attention of an employee
1624	1624	8 of the office, clinic, or physical location who is required to
1625	1625	9 make reports to the Department under this Act any reasonable
1626	1626	10 suspicion that a child known to office personnel in their
1627	1627	11 professional or official capacity may be an abused child or a
1628	1628	12 neglected child.
1629	1629	13 (i) Any person who enters into employment on and after
1630	1630	14 July 1, 1986 and is mandated by virtue of that employment to
1631	1631	15 report under this Act, shall sign a statement on a form
1632	1632	16 prescribed by the Department, to the effect that the employee
1633	1633	17 has knowledge and understanding of the reporting requirements
1634	1634	18 of this Act. On and after January 1, 2019, the statement shall
1635	1635	19 also include information about available mandated reporter
1636	1636	20 training provided by the Department. The statement shall be
1637	1637	21 signed prior to commencement of the employment. The signed
1638	1638	22 statement shall be retained by the employer. The cost of
1639	1639	23 printing, distribution, and filing of the statement shall be
1640	1640	24 borne by the employer.
1641	1641	25 (j) Persons required to report child abuse or child
1642	1642	26 neglect as provided under this Section must complete an
1643	1643
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1653	1653	1 initial mandated reporter training, including a section on
1654	1654	2 implicit bias, within 3 months of their date of engagement in a
1655	1655	3 professional or official capacity as a mandated reporter, or
1656	1656	4 within the time frame of any other applicable State law that
1657	1657	5 governs training requirements for a specific profession, and
1658	1658	6 at least every 3 years thereafter. The initial requirement
1659	1659	7 only applies to the first time they engage in their
1660	1660	8 professional or official capacity. In lieu of training every 3
1661	1661	9 years, medical personnel, as listed in paragraph (1) of
1662	1662	10 subsection (a), must meet the requirements described in
1663	1663	11 subsection (k).
1664	1664	12 The mandated reporter trainings shall be in-person or
1665	1665	13 web-based, and shall include, at a minimum, information on the
1666	1666	14 following topics: (i) indicators for recognizing child abuse
1667	1667	15 and child neglect, as defined under this Act; (ii) the process
1668	1668	16 for reporting suspected child abuse and child neglect in
1669	1669	17 Illinois as required by this Act and the required
1670	1670	18 documentation; (iii) responding to a child in a
1671	1671	19 trauma-informed manner; and (iv) understanding the response of
1672	1672	20 child protective services and the role of the reporter after a
1673	1673	21 call has been made. Child-serving organizations are encouraged
1674	1674	22 to provide in-person annual trainings.
1675	1675	23 The implicit bias section shall be in-person or web-based,
1676	1676	24 and shall include, at a minimum, information on the following
1677	1677	25 topics: (i) implicit bias and (ii) racial and ethnic
1678	1678	26 sensitivity. As used in this subsection, "implicit bias" means
1679	1679
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1685	1685
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1689	1689	1 the attitudes or internalized stereotypes that affect people's
1690	1690	2 perceptions, actions, and decisions in an unconscious manner
1691	1691	3 and that exist and often contribute to unequal treatment of
1692	1692	4 people based on race, ethnicity, gender identity, sexual
1693	1693	5 orientation, age, disability, and other characteristics. The
1694	1694	6 implicit bias section shall provide tools to adjust automatic
1695	1695	7 patterns of thinking and ultimately eliminate discriminatory
1696	1696	8 behaviors. During these trainings mandated reporters shall
1697	1697	9 complete the following: (1) a pretest to assess baseline
1698	1698	10 implicit bias levels; (2) an implicit bias training task; and
1699	1699	11 (3) a posttest to reevaluate bias levels after training. The
1700	1700	12 implicit bias curriculum for mandated reporters shall be
1701	1701	13 developed within one year after January 1, 2022 (the effective
1702	1702	14 date of Public Act 102-604) and shall be created in
1703	1703	15 consultation with organizations demonstrating expertise and or
1704	1704	16 experience in the areas of implicit bias, youth and adolescent
1705	1705	17 developmental issues, prevention of child abuse, exploitation,
1706	1706	18 and neglect, culturally diverse family systems, and the child
1707	1707	19 welfare system.
1708	1708	20 The mandated reporter training, including a section on
1709	1709	21 implicit bias, shall be provided through the Department,
1710	1710	22 through an entity authorized to provide continuing education
1711	1711	23 for professionals licensed through the Department of Financial
1712	1712	24 and Professional Regulation, the State Board of Education, the
1713	1713	25 Illinois Law Enforcement Training Standards Board, or the
1714	1714	26 Illinois State Police, or through an organization approved by
1715	1715
1716	1716
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1725	1725	1 the Department to provide mandated reporter training,
1726	1726	2 including a section on implicit bias. The Department must make
1727	1727	3 available a free web-based training for reporters.
1728	1728	4 Each mandated reporter shall report to the mandated
1729	1729	5 reporter's employer and, when applicable, to the mandated
1730	1730	6 reporter's licensing or certification board that the mandated
1731	1731	7 reporter received the mandated reporter training. The mandated
1732	1732	8 reporter shall maintain records of completion.
1733	1733	9 Beginning January 1, 2021, if a mandated reporter receives
1734	1734	10 licensure from the Department of Financial and Professional
1735	1735	11 Regulation or the State Board of Education, and the mandated
1736	1736	12 reporter's profession has continuing education requirements,
1737	1737	13 the training mandated under this Section shall count toward
1738	1738	14 meeting the licensee's required continuing education hours.
1739	1739	15 (k)(1) Medical personnel, as listed in paragraph (1) of
1740	1740	16 subsection (a), who work with children in their professional
1741	1741	17 or official capacity, must complete mandated reporter training
1742	1742	18 at least every 6 years. Such medical personnel, if licensed,
1743	1743	19 must attest at each time of licensure renewal on their renewal
1744	1744	20 form that they understand they are a mandated reporter of
1745	1745	21 child abuse and neglect, that they are aware of the process for
1746	1746	22 making a report, that they know how to respond to a child in a
1747	1747	23 trauma-informed manner, and that they are aware of the role of
1748	1748	24 child protective services and the role of a reporter after a
1749	1749	25 call has been made.
1750	1750	26 (2) In lieu of repeated training, medical personnel, as
1751	1751
1752	1752
1753	1753
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1761	1761	1 listed in paragraph (1) of subsection (a), who do not work with
1762	1762	2 children in their professional or official capacity, may
1763	1763	3 instead attest each time at licensure renewal on their renewal
1764	1764	4 form that they understand they are a mandated reporter of
1765	1765	5 child abuse and neglect, that they are aware of the process for
1766	1766	6 making a report, that they know how to respond to a child in a
1767	1767	7 trauma-informed manner, and that they are aware of the role of
1768	1768	8 child protective services and the role of a reporter after a
1769	1769	9 call has been made. Nothing in this paragraph precludes
1770	1770	10 medical personnel from completing mandated reporter training
1771	1771	11 and receiving continuing education credits for that training.
1772	1772	12 (l) The Department shall provide copies of this Act, upon
1773	1773	13 request, to all employers employing persons who shall be
1774	1774	14 required under the provisions of this Section to report under
1775	1775	15 this Act.
1776	1776	16 (m) Any person who knowingly transmits a false report to
1777	1777	17 the Department commits the offense of disorderly conduct under
1778	1778	18 subsection (a)(7) of Section 26-1 of the Criminal Code of
1779	1779	19 2012. A violation of this provision is a Class 4 felony.
1780	1780	20 Any person who knowingly and willfully violates any
1781	1781	21 provision of this Section other than a second or subsequent
1782	1782	22 violation of transmitting a false report as described in the
1783	1783	23 preceding paragraph, is guilty of a Class A misdemeanor for a
1784	1784	24 first violation and a Class 4 felony for a second or subsequent
1785	1785	25 violation; except that if the person acted as part of a plan or
1786	1786	26 scheme having as its object the prevention of discovery of an
1787	1787
1788	1788
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1797	1797	1 abused or neglected child by lawful authorities for the
1798	1798	2 purpose of protecting or insulating any person or entity from
1799	1799	3 arrest or prosecution, the person is guilty of a Class 4 felony
1800	1800	4 for a first offense and a Class 3 felony for a second or
1801	1801	5 subsequent offense (regardless of whether the second or
1802	1802	6 subsequent offense involves any of the same facts or persons
1803	1803	7 as the first or other prior offense).
1804	1804	8 (n) A child whose parent, guardian or custodian in good
1805	1805	9 faith selects and depends upon spiritual means through prayer
1806	1806	10 alone for the treatment or cure of disease or remedial care may
1807	1807	11 be considered neglected or abused, but not for the sole reason
1808	1808	12 that the child's parent, guardian or custodian accepts and
1809	1809	13 practices such beliefs.
1810	1810	14 (o) A child shall not be considered neglected or abused
1811	1811	15 solely because the child is not attending school in accordance
1812	1812	16 with the requirements of Article 26 of the School Code, as
1813	1813	17 amended.
1814	1814	18 (p) Nothing in this Act prohibits a mandated reporter who
1815	1815	19 reasonably believes that an animal is being abused or
1816	1816	20 neglected in violation of the Humane Care for Animals Act from
1817	1817	21 reporting animal abuse or neglect to the Department of
1818	1818	22 Agriculture's Bureau of Animal Health and Welfare.
1819	1819	23 (q) A home rule unit may not regulate the reporting of
1820	1820	24 child abuse or neglect in a manner inconsistent with the
1821	1821	25 provisions of this Section. This Section is a limitation under
1822	1822	26 subsection (i) of Section 6 of Article VII of the Illinois
1823	1823
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