IL
Illinois House Bill HB5457

Illinois 2023-2024 Regular Session

Illinois House Bill HB5457 Compare Versions

OldNewDifferences
1-Public Act 103-0715
21 HB5457 EnrolledLRB103 38890 RTM 69027 b HB5457 Enrolled LRB103 38890 RTM 69027 b
32 HB5457 Enrolled LRB103 38890 RTM 69027 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. Findings. The General Assembly finds the
8-following:
9-(1) More than one-in-five Illinois households (23.2%)
10-primarily speak a language other than English at home. The
11-most common non-English languages spoken in Illinois are
12-Spanish (1,627,789 or 13.5% of households), Polish (174,381 or
13-1.44% of households), and dialects of Chinese (including
14-Mandarin and Cantonese at 105,919 or 0.877% of households).
15-(2) An estimated 1.8 million people, or 14.1% of Illinois
16-residents, were born outside the country. These individuals
17-are more likely to face issues of discrimination, racism, and
18-xenophobia, all of which are social determinants of health and
19-can lead to negative behavioral health outcomes. Additionally,
20-this population is likely to be uniquely traumatized due to
21-sociopolitical turmoil in specific parts of the world,
22-uncertainty about immigration status, and grief over family
23-and homeland separation.
24-(3) Illinois has a particularly high population of
25-international students. Illinois has the fifth-highest number
26-of international students in the country, with over 55,000
27-students traveling to Illinois for its educational and
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. Findings. The General Assembly finds the
7+5 following:
8+6 (1) More than one-in-five Illinois households (23.2%)
9+7 primarily speak a language other than English at home. The
10+8 most common non-English languages spoken in Illinois are
11+9 Spanish (1,627,789 or 13.5% of households), Polish (174,381 or
12+10 1.44% of households), and dialects of Chinese (including
13+11 Mandarin and Cantonese at 105,919 or 0.877% of households).
14+12 (2) An estimated 1.8 million people, or 14.1% of Illinois
15+13 residents, were born outside the country. These individuals
16+14 are more likely to face issues of discrimination, racism, and
17+15 xenophobia, all of which are social determinants of health and
18+16 can lead to negative behavioral health outcomes. Additionally,
19+17 this population is likely to be uniquely traumatized due to
20+18 sociopolitical turmoil in specific parts of the world,
21+19 uncertainty about immigration status, and grief over family
22+20 and homeland separation.
23+21 (3) Illinois has a particularly high population of
24+22 international students. Illinois has the fifth-highest number
25+23 of international students in the country, with over 55,000
26+24 students traveling to Illinois for its educational and
2827
2928
3029
3130 HB5457 Enrolled LRB103 38890 RTM 69027 b
3231
3332
34-vocational opportunities. In 2022, the University of Illinois
35-system announced a record 11,548 international students
36-enrolled in their programs. Additionally, with the recent
37-influx of migrant children attending Chicago public schools,
38-Chicago teachers have highlighted the severe need for
39-bilingual social workers and counselors to address the needs
40-of traumatized children.
41-(4) Illinois faces an unprecedented mental health
42-emergency. In 2022, 12.7% of Illinois adults reported 14 or
43-more days of poor mental health per month. Even the needs of
44-children, whose mental health conditions have been declared a
45-national emergency, are unable to be met in Illinois.
46-(5) Drug overdose deaths have reached crisis levels. In
47-2014, approximately 9.77 people died from drug poisoning per
48-100,000 people. In 2022, that number has risen to 23.8 people
49-who die per population of 100,000. This represents a 243.6%
50-increase in the number of overdose deaths in the last 10 years.
51-(6) The ability to express oneself, particularly when
52-trying to explain emotions or analyze/interpret life events,
53-is crucial to the successful provision of behavioral health
54-services. Studies show that the delivery of services in a
55-client's language is crucial to the development of trust and
56-the comfort of the client. The American Psychological
57-Association's official position is that, due to professional
58-ethics and governmental guidelines, behavioral health services
59-"should be provided in the preferred language of clients with
60-
61-
62-limited English proficiency." Every major behavioral health
63-profession highlights the ethical need for practitioners to
64-enhance cultural sensitivity and competency. However,
65-bilingual clients often opt to receive services in English due
66-to severe availability gaps of services in their language of
67-origin, particularly in rural or underserved areas.
68-(7) The shortage of bilingual therapists prevents
69-communities from adequately addressing issues related to
70-migrant trauma. The lack of bilingual professionals is
71-particularly felt in rural areas. For example, although
72-immigrants account for 7% of the population of McLean County,
73-there are only a handful of clinical professionals who speak
74-Spanish and an even smaller amount who speak other languages.
75-This means clients must rely on translators, which take
76-precious time from the client's therapy session, or wait
77-months and travel great distances for appointments with local
78-bilingual therapists.
79-Section 10. The Clinical Social Work and Social Work
80-Practice Act is amended by changing Sections 5, 7, 7.5, and 19
81-as follows:
82-(225 ILCS 20/5) (from Ch. 111, par. 6355)
83-(Section scheduled to be repealed on January 1, 2028)
84-Sec. 5. Powers and duties of the Department. Subject to
85-the provisions of this Act, the Department shall exercise the
86-
87-
88-following functions, powers, and duties:
89-(1) Conduct or authorize examinations or examination
90-alternatives to ascertain the qualifications and fitness
91-of candidates for a license to engage in the independent
92-practice of clinical social work, pass upon the
93-qualifications of applicants for licenses, and issue
94-licenses to those who are found to be fit and qualified.
95-All examinations, either conducted or authorized, must
96-allow reasonable accommodations for applicants for whom
97-English is not their primary language and a test in their
98-primary language is not available. Further, all
99-examinations either conducted or authorized must comply
100-with all communication access and reasonable modification
101-requirements in Section 504 of the federal Rehabilitation
102-Act of 1973 and Title II of the Americans with
103-Disabilities Act of 1990.
104-(2) Adopt rules required for the administration and
105-enforcement of this Act.
106-(3) Adopt rules for determining approved undergraduate
107-and graduate social work degree programs and prepare and
108-maintain a list of colleges and universities offering such
109-approved programs whose graduates, if they otherwise meet
110-the requirements of this Act, are eligible to apply for a
111-license.
112-(4) Prescribe forms to be issued for the
113-administration and enforcement of this Act consistent with
114-
115-
116-and reflecting the requirements of this Act and rules
117-adopted pursuant to this Act.
118-(5) Conduct investigations related to possible
119-violations of this Act.
120-(6) Maintain rosters of the names and addresses of all
121-persons who hold valid licenses under this Act. These
122-rosters shall be available upon written request and
123-payment of the required fee.
124-(Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24.)
125-(225 ILCS 20/7) (from Ch. 111, par. 6357)
126-(Section scheduled to be repealed on January 1, 2028)
127-Sec. 7. Applications for original license. Applications
128-for original licenses shall be made to the Department on forms
129-or electronically as prescribed by the Department and
130-accompanied by the required fee which shall not be refundable.
131-All applications shall contain such information which, in the
132-judgment of the Department, will enable the Department to pass
133-on the qualifications of the applicant for a license as a
134-licensed clinical social worker or as a licensed social
135-worker.
136-A license to practice shall not be denied an applicant
137-because of the applicant's race, religion, creed, national
138-origin, real or perceived immigration status, political
139-beliefs or activities, age, sex, sexual orientation, or
140-physical disability that does not affect a person's ability to
141-
142-
143-practice with reasonable judgment, skill, or safety.
144-Applicants have 3 years from the date of application to
145-complete the application process. If the process has not been
146-completed in 3 years, the application shall be denied, the fee
147-shall be forfeited, and the applicant must reapply and meet
148-the requirements in effect at the time of reapplication.
149-(Source: P.A. 100-414, eff. 8-25-17.)
150-(225 ILCS 20/7.5)
151-(Section scheduled to be repealed on January 1, 2028)
152-Sec. 7.5. Social Security Number or individual taxpayer
153-identification number on license application. In addition to
154-any other information required to be contained in the
155-application, every application for an original license under
156-this Act shall include the applicant's Social Security Number
157-or individual taxpayer identification number, which shall be
158-retained in the agency's records pertaining to the license. As
159-soon as practical, the Department shall assign a customer's
160-identification number to each applicant for a license.
161-Every application for a renewal or restored license shall
162-require the applicant's customer identification number.
163-(Source: P.A. 97-400, eff. 1-1-12.)
164-(225 ILCS 20/19) (from Ch. 111, par. 6369)
165-(Section scheduled to be repealed on January 1, 2028)
166-Sec. 19. Grounds for disciplinary action.
167-
168-
169-(1) The Department may refuse to issue or renew a license,
170-or may suspend, revoke, place on probation, reprimand, or take
171-any other disciplinary or non-disciplinary action deemed
172-appropriate by the Department, including the imposition of
173-fines not to exceed $10,000 for each violation, with regard to
174-any license issued under the provisions of this Act for any one
175-or a combination of the following grounds:
176-(a) material misstatements in furnishing information
177-to the Department or to any other State agency or in
178-furnishing information to any insurance company with
179-respect to a claim on behalf of a licensee or a patient;
180-(b) violations or negligent or intentional disregard
181-of this Act, or any of the rules promulgated hereunder;
182-(c) conviction of or entry of a plea of guilty or nolo
183-contendere, finding of guilt, jury verdict, or entry of
184-judgment or sentencing, including, but not limited to,
185-convictions, preceding sentences of supervision,
186-conditional discharge, or first offender probation, under
187-the laws of any jurisdiction of the United States that is
188-(i) a felony or (ii) a misdemeanor, an essential element
189-of which is dishonesty, or that is directly related to the
190-practice of the clinical social work or social work
191-professions;
192-(d) fraud or misrepresentation in applying for or
193-procuring a license under this Act or in connection with
194-applying for renewal or restoration of a license under
195-
196-
197-this Act;
198-(e) professional incompetence;
199-(f) gross negligence in practice under this Act;
200-(g) aiding or assisting another person in violating
201-any provision of this Act or its rules;
202-(h) failing to provide information within 60 days in
203-response to a written request made by the Department;
204-(i) engaging in dishonorable, unethical or
205-unprofessional conduct of a character likely to deceive,
206-defraud or harm the public as defined by the rules of the
207-Department, or violating the rules of professional conduct
208-adopted by the Department;
209-(j) habitual or excessive use or abuse of drugs
210-defined in law as controlled substances, of alcohol, or of
211-any other substances that results in the inability to
212-practice with reasonable judgment, skill, or safety;
213-(k) adverse action taken by another state or
214-jurisdiction, if at least one of the grounds for the
215-discipline is the same or substantially equivalent to
216-those set forth in this Section;
217-(l) directly or indirectly giving to or receiving from
218-any person, firm, corporation, partnership, or association
219-any fee, commission, rebate or other form of compensation
220-for any professional service not actually rendered.
221-Nothing in this paragraph (l) affects any bona fide
222-independent contractor or employment arrangements among
223-
224-
225-health care professionals, health facilities, health care
226-providers, or other entities, except as otherwise
227-prohibited by law. Any employment arrangements may include
228-provisions for compensation, health insurance, pension, or
229-other employment benefits for the provision of services
230-within the scope of the licensee's practice under this
231-Act. Nothing in this paragraph (l) shall be construed to
232-require an employment arrangement to receive professional
233-fees for services rendered;
234-(m) a finding by the Department that the licensee,
235-after having the license placed on probationary status,
236-has violated the terms of probation or failed to comply
237-with such terms;
238-(n) abandonment, without cause, of a client;
239-(o) willfully making or filing false records or
240-reports relating to a licensee's practice, including, but
241-not limited to, false records filed with Federal or State
242-agencies or departments;
243-(p) willfully failing to report an instance of
244-suspected child abuse or neglect as required by the Abused
245-and Neglected Child Reporting Act;
246-(q) being named as a perpetrator in an indicated
247-report by the Department of Children and Family Services
248-under the Abused and Neglected Child Reporting Act, and
249-upon proof by clear and convincing evidence that the
250-licensee has caused a child to be an abused child or
251-
252-
253-neglected child as defined in the Abused and Neglected
254-Child Reporting Act;
255-(r) physical illness, mental illness, or any other
256-impairment or disability, including, but not limited to,
257-deterioration through the aging process, or loss of motor
258-skills that results in the inability to practice the
259-profession with reasonable judgment, skill or safety;
260-(s) solicitation of professional services by using
261-false or misleading advertising;
262-(t) violation of the Health Care Worker Self-Referral
263-Act;
264-(u) willfully failing to report an instance of
265-suspected abuse, neglect, financial exploitation, or
266-self-neglect of an eligible adult as defined in and
267-required by the Adult Protective Services Act; or
268-(v) being named as an abuser in a verified report by
269-the Department on Aging under the Adult Protective
270-Services Act, and upon proof by clear and convincing
271-evidence that the licensee abused, neglected, or
272-financially exploited an eligible adult as defined in the
273-Adult Protective Services Act.
274-(2) (Blank).
275-(3) The determination by a court that a licensee is
276-subject to involuntary admission or judicial admission as
277-provided in the Mental Health and Developmental Disabilities
278-Code, will result in an automatic suspension of his license.
279-
280-
281-Such suspension will end upon a finding by a court that the
282-licensee is no longer subject to involuntary admission or
283-judicial admission and issues an order so finding and
284-discharging the patient, and upon the recommendation of the
285-Board to the Secretary that the licensee be allowed to resume
286-professional practice.
287-(4) The Department shall refuse to issue or renew or may
288-suspend the license of a person who (i) fails to file a return,
289-pay the tax, penalty, or interest shown in a filed return, or
290-pay any final assessment of tax, penalty, or interest, as
291-required by any tax Act administered by the Department of
292-Revenue, until the requirements of the tax Act are satisfied
293-or (ii) has failed to pay any court-ordered child support as
294-determined by a court order or by referral from the Department
295-of Healthcare and Family Services.
296-(4.5) The Department shall not revoke, suspend, summarily
297-suspend, place on prohibition, reprimand, refuse to issue or
298-renew, or take any other disciplinary or non-disciplinary
299-action against a license or permit issued under this Act based
300-solely upon the licensed clinical social worker authorizing,
301-recommending, aiding, assisting, referring for, or otherwise
302-participating in any health care service, so long as the care
303-was not unlawful under the laws of this State, regardless of
304-whether the patient was a resident of this State or another
305-state.
306-(4.10) The Department shall not revoke, suspend, summarily
307-
308-
309-suspend, place on prohibition, reprimand, refuse to issue or
310-renew, or take any other disciplinary or non-disciplinary
311-action against the license or permit issued under this Act to
312-practice as a licensed clinical social worker based upon the
313-licensed clinical social worker's license being revoked or
314-suspended, or the licensed clinical social worker being
315-otherwise disciplined by any other state, if that revocation,
316-suspension, or other form of discipline was based solely on
317-the licensed clinical social worker violating another state's
318-laws prohibiting the provision of, authorization of,
319-recommendation of, aiding or assisting in, referring for, or
320-participation in any health care service if that health care
321-service as provided would not have been unlawful under the
322-laws of this State and is consistent with the standards of
323-conduct for a licensed clinical social worker practicing in
324-Illinois.
325-(4.15) The conduct specified in subsection subsections
326-(4.5), and (4.10), (4.25), or (4.30) shall not constitute
327-grounds for suspension under Section 32.
328-(4.20) An applicant seeking licensure, certification, or
329-authorization pursuant to this Act who has been subject to
330-disciplinary action by a duly authorized professional
331-disciplinary agency of another jurisdiction solely on the
332-basis of having authorized, recommended, aided, assisted,
333-referred for, or otherwise participated in health care shall
334-not be denied such licensure, certification, or authorization,
335-
336-
337-unless the Department determines that such action would have
338-constituted professional misconduct in this State; however,
339-nothing in this Section shall be construed as prohibiting the
340-Department from evaluating the conduct of such applicant and
341-making a determination regarding the licensure, certification,
342-or authorization to practice a profession under this Act.
343-(4.25) The Department may not revoke, suspend, summarily
344-suspend, place on prohibition, reprimand, refuse to issue or
345-renew, or take any other disciplinary or non-disciplinary
346-action against a license or permit issued under this Act based
347-solely upon an immigration violation by the licensed clinical
348-social worker.
349-(4.30) The Department may not revoke, suspend, summarily
350-suspend, place on prohibition, reprimand, refuse to issue or
351-renew, or take any other disciplinary or non-disciplinary
352-action against the license or permit issued under this Act to
353-practice as a licensed clinical social worker based upon the
354-licensed clinical social worker's license being revoked or
355-suspended, or the licensed clinical social worker being
356-otherwise disciplined by any other state, if that revocation,
357-suspension, or other form of discipline was based solely upon
358-an immigration violation by the licensed clinical social
359-worker.
360-(5)(a) In enforcing this Section, the Department or Board,
361-upon a showing of a possible violation, may compel a person
362-licensed to practice under this Act, or who has applied for
363-
364-
365-licensure under this Act, to submit to a mental or physical
366-examination, or both, which may include a substance abuse or
367-sexual offender evaluation, as required by and at the expense
368-of the Department.
369-(b) The Department shall specifically designate the
370-examining physician licensed to practice medicine in all of
371-its branches or, if applicable, the multidisciplinary team
372-involved in providing the mental or physical examination or
373-both. The multidisciplinary team shall be led by a physician
374-licensed to practice medicine in all of its branches and may
375-consist of one or more or a combination of physicians licensed
376-to practice medicine in all of its branches, licensed clinical
377-psychologists, licensed clinical social workers, licensed
378-clinical professional counselors, and other professional and
379-administrative staff. Any examining physician or member of the
380-multidisciplinary team may require any person ordered to
381-submit to an examination pursuant to this Section to submit to
382-any additional supplemental testing deemed necessary to
383-complete any examination or evaluation process, including, but
384-not limited to, blood testing, urinalysis, psychological
385-testing, or neuropsychological testing.
386-(c) The Board or the Department may order the examining
387-physician or any member of the multidisciplinary team to
388-present testimony concerning this mental or physical
389-examination of the licensee or applicant. No information,
390-report, record, or other documents in any way related to the
391-
392-
393-examination shall be excluded by reason of any common law or
394-statutory privilege relating to communications between the
395-licensee or applicant and the examining physician or any
396-member of the multidisciplinary team. No authorization is
397-necessary from the licensee or applicant ordered to undergo an
398-examination for the examining physician or any member of the
399-multidisciplinary team to provide information, reports,
400-records, or other documents or to provide any testimony
401-regarding the examination and evaluation.
402-(d) The person to be examined may have, at his or her own
403-expense, another physician of his or her choice present during
404-all aspects of the examination. However, that physician shall
405-be present only to observe and may not interfere in any way
406-with the examination.
407-(e) Failure of any person to submit to a mental or physical
408-examination without reasonable cause, when ordered, shall
409-result in an automatic suspension of his or her license until
410-the person submits to the examination.
411-(f) If the Department or Board finds a person unable to
412-practice because of the reasons set forth in this Section, the
413-Department or Board may require that person to submit to care,
414-counseling, or treatment by physicians approved or designated
415-by the Department or Board, as a condition, term, or
416-restriction for continued, reinstated, or renewed licensure to
417-practice; or, in lieu of care, counseling or treatment, the
418-Department may file, or the Board may recommend to the
419-
420-
421-Department to file, a complaint to immediately suspend,
422-revoke, or otherwise discipline the license of the person. Any
423-person whose license was granted, continued, reinstated,
424-renewed, disciplined or supervised subject to such terms,
425-conditions or restrictions, and who fails to comply with such
426-terms, conditions, or restrictions, shall be referred to the
427-Secretary for a determination as to whether the person shall
428-have his or her license suspended immediately, pending a
429-hearing by the Department.
430-(g) All fines imposed shall be paid within 60 days after
431-the effective date of the order imposing the fine or in
432-accordance with the terms set forth in the order imposing the
433-fine.
434-In instances in which the Secretary immediately suspends a
435-person's license under this Section, a hearing on that
436-person's license must be convened by the Department within 30
437-days after the suspension and completed without appreciable
438-delay. The Department and Board shall have the authority to
439-review the subject person's record of treatment and counseling
440-regarding the impairment, to the extent permitted by
441-applicable federal statutes and regulations safeguarding the
442-confidentiality of medical records.
443-A person licensed under this Act and affected under this
444-Section shall be afforded an opportunity to demonstrate to the
445-Department or Board that he or she can resume practice in
446-compliance with acceptable and prevailing standards under the
447-
448-
449-provisions of his or her license.
450-(h) The Department may adopt rules to implement the
451-changes made by this amendatory Act of the 102nd General
452-Assembly.
453-(Source: P.A. 102-1117, eff. 1-13-23.)
454-Section 15. The Marriage and Family Therapy Licensing Act
455-is amended by changing Sections 30, 32, 45, and 85 as follows:
456-(225 ILCS 55/30) (from Ch. 111, par. 8351-30)
457-(Section scheduled to be repealed on January 1, 2027)
458-Sec. 30. Application.
459-(a) Applications for original licensure shall be made to
460-the Department in writing on forms or electronically as
461-prescribed by the Department and shall be accompanied by the
462-appropriate documentation and the required fee, which shall
463-not be refundable. Any application shall require such
464-information as, in the judgment of the Department, will enable
465-the Department to pass on the qualifications of the applicant
466-for licensing.
467-(b) Applicants have 3 years from the date of application
468-to complete the application process. If the application has
469-not been completed within 3 years, the application shall be
470-denied, the fee shall be forfeited, and the applicant must
471-reapply and meet the requirements in effect at the time of
472-reapplication.
473-
474-
475-(c) A license shall not be denied to an applicant because
476-of the applicant's race, religion, creed, national origin,
477-real or perceived immigration status, political beliefs or
478-activities, age, sex, sexual orientation, or physical
479-disability that does not affect a person's ability to practice
480-with reasonable judgment, skill, or safety.
481-(Source: P.A. 100-372, eff. 8-25-17.)
482-(225 ILCS 55/32)
483-(Section scheduled to be repealed on January 1, 2027)
484-Sec. 32. Social Security Number or individual taxpayer
485-identification number on license application. In addition to
486-any other information required to be contained in the
487-application, every application for an original license under
488-this Act shall include the applicant's Social Security Number
489-or individual taxpayer identification number, which shall be
490-retained in the agency's records pertaining to the license. As
491-soon as practical, the Department shall assign a customer's
492-identification number to each applicant for a license.
493-Every application for a renewal or restored license shall
494-require the applicant's customer identification number.
495-(Source: P.A. 97-400, eff. 1-1-12.)
496-(225 ILCS 56/45)
497-(Section scheduled to be repealed on January 1, 2028)
498-Sec. 45. Powers and duties of the Department. Subject to
499-
500-
501-the provisions of this Act, the Department shall:
502-(1) adopt rules defining what constitutes a curriculum
503-for music therapy that is reputable and in good standing;
504-(2) adopt rules providing for the establishment of a
505-uniform and reasonable standard of instruction and
506-maintenance to be observed by all curricula for music
507-therapy that are approved by the Department and determine
508-the reputability and good standing of the curricula for
509-music therapy by reference to compliance with the rules,
510-provided that no school of music therapy that refuses
511-admittance to applicants solely on account of race, color,
512-creed, sex, or national origin shall be considered
513-reputable and in good standing;
514-(3) adopt and publish rules for a method of
515-examination of candidates for licensed professional music
516-therapists and for issuance of licenses authorizing
517-candidates upon passing examination to practice as
518-licensed professional music therapists;
519-(4) review applications to ascertain the
520-qualifications of applicants for licenses;
521-(5) authorize examinations to ascertain the
522-qualifications of those applicants who require
523-examinations as a component of a license. All
524-examinations, either conducted or authorized, must allow
525-reasonable accommodations for applicants for whom English
526-is not their primary language and a test in their primary
527-
528-
529-language is not available. Further, all examinations
530-either conducted or authorized must comply with all
531-communication access and reasonable modification
532-requirements in Section 504 of the federal Rehabilitation
533-Act of 1973 and Title II of the Americans with
534-Disabilities Act of 1990;
535-(6) conduct hearings on proceedings to refuse to issue
536-or renew a license or to revoke, suspend, place on
537-probation, or reprimand licenses issued under this Act or
538-otherwise discipline; and
539-(7) adopt rules necessary for the administration of
540-this Act.
541-(Source: P.A. 102-993, eff. 5-27-22.)
542-(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
543-(Section scheduled to be repealed on January 1, 2027)
544-Sec. 85. Refusal, revocation, or suspension.
545-(a) The Department may refuse to issue or renew a license,
546-or may revoke, suspend, reprimand, place on probation, or take
547-any other disciplinary or non-disciplinary action as the
548-Department may deem proper, including the imposition of fines
549-not to exceed $10,000 for each violation, with regard to any
550-license issued under the provisions of this Act for any one or
551-combination of the following grounds:
552-(1) Material misstatement in furnishing information to
553-the Department.
554-
555-
556-(2) Violation of any provision of this Act or its
557-rules.
558-(3) Conviction of or entry of a plea of guilty or nolo
559-contendere, finding of guilt, jury verdict, or entry of
560-judgment or sentencing, including, but not limited to,
561-convictions, preceding sentences of supervision,
562-conditional discharge, or first offender probation, under
563-the laws of any jurisdiction of the United States that is
564-(i) a felony or (ii) a misdemeanor, an essential element
565-of which is dishonesty or that is directly related to the
566-practice of the profession.
567-(4) Fraud or misrepresentation in applying for or
568-procuring a license under this Act or in connection with
569-applying for renewal or restoration of a license under
570-this Act or its rules.
571-(5) Professional incompetence.
572-(6) Gross negligence in practice under this Act.
573-(7) Aiding or assisting another person in violating
574-any provision of this Act or its rules.
575-(8) Failing, within 60 days, to provide information in
576-response to a written request made by the Department.
577-(9) Engaging in dishonorable, unethical, or
578-unprofessional conduct of a character likely to deceive,
579-defraud or harm the public as defined by the rules of the
580-Department, or violating the rules of professional conduct
581-adopted by the Department.
582-
583-
584-(10) Habitual or excessive use or abuse of drugs
585-defined in law as controlled substances, of alcohol, or
586-any other substance that results in the inability to
587-practice with reasonable judgment, skill, or safety.
588-(11) Discipline by another jurisdiction if at least
589-one of the grounds for the discipline is the same or
590-substantially equivalent to those set forth in this Act.
591-(12) Directly or indirectly giving to or receiving
592-from any person, firm, corporation, partnership, or
593-association any fee, commission, rebate, or other form of
594-compensation for any professional services not actually or
595-personally rendered. Nothing in this paragraph (12)
596-affects any bona fide independent contractor or employment
597-arrangements among health care professionals, health
598-facilities, health care providers, or other entities,
599-except as otherwise prohibited by law. Any employment
600-arrangements may include provisions for compensation,
601-health insurance, pension, or other employment benefits
602-for the provision of services within the scope of the
603-licensee's practice under this Act. Nothing in this
604-paragraph (12) shall be construed to require an employment
605-arrangement to receive professional fees for services
606-rendered.
607-(13) A finding by the Department that the licensee,
608-after having his or her license placed on probationary
609-status, has violated the terms of probation or failed to
610-
611-
612-comply with the terms.
613-(14) Abandonment of a patient without cause.
614-(15) Willfully making or filing false records or
615-reports relating to a licensee's practice, including but
616-not limited to false records filed with State agencies or
617-departments.
618-(16) Willfully failing to report an instance of
619-suspected child abuse or neglect as required by the Abused
620-and Neglected Child Reporting Act.
621-(17) Being named as a perpetrator in an indicated
622-report by the Department of Children and Family Services
623-under the Abused and Neglected Child Reporting Act and
624-upon proof by clear and convincing evidence that the
625-licensee has caused a child to be an abused child or
626-neglected child as defined in the Abused and Neglected
627-Child Reporting Act.
628-(18) Physical illness or mental illness or impairment,
629-including, but not limited to, deterioration through the
630-aging process or loss of motor skill that results in the
631-inability to practice the profession with reasonable
632-judgment, skill, or safety.
633-(19) Solicitation of professional services by using
634-false or misleading advertising.
635-(20) A pattern of practice or other behavior that
636-demonstrates incapacity or incompetence to practice under
637-this Act.
638-
639-
640-(21) Practicing under a false or assumed name, except
641-as provided by law.
642-(22) Gross, willful, and continued overcharging for
643-professional services, including filing false statements
644-for collection of fees or moneys for which services are
645-not rendered.
646-(23) Failure to establish and maintain records of
647-patient care and treatment as required by law.
648-(24) Cheating on or attempting to subvert the
649-licensing examinations administered under this Act.
650-(25) Willfully failing to report an instance of
651-suspected abuse, neglect, financial exploitation, or
652-self-neglect of an eligible adult as defined in and
653-required by the Adult Protective Services Act.
654-(26) Being named as an abuser in a verified report by
655-the Department on Aging and under the Adult Protective
656-Services Act and upon proof by clear and convincing
657-evidence that the licensee abused, neglected, or
658-financially exploited an eligible adult as defined in the
659-Adult Protective Services Act.
660-(b) (Blank).
661-(c) The determination by a circuit court that a licensee
662-is subject to involuntary admission or judicial admission, as
663-provided in the Mental Health and Developmental Disabilities
664-Code, operates as an automatic suspension. The suspension will
665-terminate only upon a finding by a court that the patient is no
666-
667-
668-longer subject to involuntary admission or judicial admission
669-and the issuance of an order so finding and discharging the
670-patient, and upon the recommendation of the Board to the
671-Secretary that the licensee be allowed to resume his or her
672-practice as a licensed marriage and family therapist or an
673-associate licensed marriage and family therapist.
674-(d) The Department shall refuse to issue or may suspend
675-the license of any person who fails to file a return, pay the
676-tax, penalty, or interest shown in a filed return or pay any
677-final assessment of tax, penalty, or interest, as required by
678-any tax Act administered by the Illinois Department of
679-Revenue, until the time the requirements of the tax Act are
680-satisfied.
681-(d-5) The Department shall not revoke, suspend, summarily
682-suspend, place on prohibition, reprimand, refuse to issue or
683-renew, or take any other disciplinary or non-disciplinary
684-action against the license or permit issued under this Act to
685-practice as a marriage and family therapist or associate
686-licensed marriage and family therapist based solely upon the
687-marriage and family therapist or associate licensed marriage
688-and family therapist authorizing, recommending, aiding,
689-assisting, referring for, or otherwise participating in any
690-health care service, so long as the care was not Unlawful under
691-the laws of this State, regardless of whether the patient was a
692-resident of this State or another state.
693-(d-10) The Department shall not revoke, suspend, summarily
694-
695-
696-suspend, place on prohibition, reprimand, refuse to issue or
697-renew, or take any other disciplinary or non-disciplinary
698-action against the license or permit issued under this Act to
699-practice as a marriage and family therapist or associate
700-licensed marriage and family therapist based upon the marriage
701-and family therapist's or associate licensed marriage and
702-family therapist's license being revoked or suspended, or the
703-marriage and family therapist or associate licensed marriage
704-and family therapist being otherwise disciplined by any other
705-state, if that revocation, suspension, or other form of
706-discipline was based solely on the marriage and family
707-therapist or associate licensed marriage and family therapist
708-violating another state's laws prohibiting the provision of,
709-authorization of, recommendation of, aiding or assisting in,
710-referring for, or participation in any health care service if
711-that health care service as provided would not have been
712-unlawful under the laws of this State and is consistent with
713-the standards of conduct for a marriage and family therapist
714-or an associate licensed marriage and family therapist
715-practicing in Illinois.
716-(d-15) The conduct specified in subsection subsections
717-(d-5), or (d-10), (d-25), or (d-30) shall not constitute
718-grounds for suspension under Section 145.
719-(d-20) An applicant seeking licensure, certification, or
720-authorization pursuant to this Act who has been subject to
721-disciplinary action by a duly authorized professional
722-
723-
724-disciplinary agency of another jurisdiction solely on the
725-basis of having authorized, recommended, aided, assisted,
726-referred for, or otherwise participated in health care shall
727-not be denied such licensure, certification, or authorization,
728-unless the Department determines that such action would have
729-constituted professional misconduct in this State; however,
730-nothing in this Section shall be construed as prohibiting the
731-Department from evaluating the conduct of such applicant and
732-making a determination regarding the licensure, certification,
733-or authorization to practice a profession under this Act.
734-(d-25) The Department may not revoke, suspend, summarily
735-suspend, place on prohibition, reprimand, refuse to issue or
736-renew, or take any other disciplinary or non-disciplinary
737-action against the license or permit issued under this Act to
738-practice as a marriage and family therapist or associate
739-licensed marriage and family therapist based solely upon an
740-immigration violation by the marriage and family therapist or
741-associate licensed marriage and family therapist.
742-(d-30) The Department may not revoke, suspend, summarily
743-suspend, place on prohibition, reprimand, refuse to issue or
744-renew, or take any other disciplinary or non-disciplinary
745-action against the license or permit issued under this Act to
746-practice as a marriage and family therapist or associate
747-licensed marriage and family therapist based upon the marriage
748-and family therapist's or associate licensed marriage and
749-family therapist's license being revoked or suspended, or the
750-
751-
752-marriage and family therapist or associate licensed marriage
753-and family therapist being otherwise disciplined by any other
754-state, if that revocation, suspension, or other form of
755-discipline was based solely upon an immigration violation by
756-the marriage and family therapist or associate licensed
757-marriage and family therapist.
758-(e) In enforcing this Section, the Department or Board
759-upon a showing of a possible violation may compel an
760-individual licensed to practice under this Act, or who has
761-applied for licensure under this Act, to submit to a mental or
762-physical examination, or both, which may include a substance
763-abuse or sexual offender evaluation, as required by and at the
764-expense of the Department.
765-The Department shall specifically designate the examining
766-physician licensed to practice medicine in all of its branches
767-or, if applicable, the multidisciplinary team involved in
768-providing the mental or physical examination or both. The
769-multidisciplinary team shall be led by a physician licensed to
770-practice medicine in all of its branches and may consist of one
771-or more or a combination of physicians licensed to practice
772-medicine in all of its branches, licensed clinical
773-psychologists, licensed clinical social workers, licensed
774-clinical professional counselors, licensed marriage and family
775-therapists, and other professional and administrative staff.
776-Any examining physician or member of the multidisciplinary
777-team may require any person ordered to submit to an
778-
779-
780-examination and evaluation pursuant to this Section to submit
781-to any additional supplemental testing deemed necessary to
782-complete any examination or evaluation process, including, but
783-not limited to, blood testing, urinalysis, psychological
784-testing, or neuropsychological testing.
785-The Department may order the examining physician or any
786-member of the multidisciplinary team to provide to the
787-Department any and all records, including business records,
788-that relate to the examination and evaluation, including any
789-supplemental testing performed.
790-The Department or Board may order the examining physician
791-or any member of the multidisciplinary team to present
792-testimony concerning the mental or physical examination of the
793-licensee or applicant. No information, report, record, or
794-other documents in any way related to the examination shall be
795-excluded by reason of any common law or statutory privilege
796-relating to communications between the licensee or applicant
797-and the examining physician or any member of the
798-multidisciplinary team. No authorization is necessary from the
799-licensee or applicant ordered to undergo an examination for
800-the examining physician or any member of the multidisciplinary
801-team to provide information, reports, records, or other
802-documents or to provide any testimony regarding the
803-examination and evaluation.
804-The individual to be examined may have, at his or her own
805-expense, another physician of his or her choice present during
806-
807-
808-all aspects of this examination. However, that physician shall
809-be present only to observe and may not interfere in any way
810-with the examination.
811-Failure of an individual to submit to a mental or physical
812-examination, when ordered, shall result in an automatic
813-suspension of his or her license until the individual submits
814-to the examination.
815-If the Department or Board finds an individual unable to
816-practice because of the reasons set forth in this Section, the
817-Department or Board may require that individual to submit to
818-care, counseling, or treatment by physicians approved or
819-designated by the Department or Board, as a condition, term,
820-or restriction for continued, reinstated, or renewed licensure
821-to practice; or, in lieu of care, counseling, or treatment,
822-the Department may file, or the Board may recommend to the
823-Department to file, a complaint to immediately suspend,
824-revoke, or otherwise discipline the license of the individual.
825-An individual whose license was granted, continued,
826-reinstated, renewed, disciplined or supervised subject to such
827-terms, conditions, or restrictions, and who fails to comply
828-with such terms, conditions, or restrictions, shall be
829-referred to the Secretary for a determination as to whether
830-the individual shall have his or her license suspended
831-immediately, pending a hearing by the Department.
832-In instances in which the Secretary immediately suspends a
833-person's license under this Section, a hearing on that
834-
835-
836-person's license must be convened by the Department within 30
837-days after the suspension and completed without appreciable
838-delay. The Department and Board shall have the authority to
839-review the subject individual's record of treatment and
840-counseling regarding the impairment to the extent permitted by
841-applicable federal statutes and regulations safeguarding the
842-confidentiality of medical records.
843-An individual licensed under this Act and affected under
844-this Section shall be afforded an opportunity to demonstrate
845-to the Department or Board that he or she can resume practice
846-in compliance with acceptable and prevailing standards under
847-the provisions of his or her license.
848-(f) A fine shall be paid within 60 days after the effective
849-date of the order imposing the fine or in accordance with the
850-terms set forth in the order imposing the fine.
851-(g) The Department may adopt rules to implement the
852-changes made by this amendatory Act of the 102nd General
853-Assembly.
854-(Source: P.A. 102-1117, eff. 1-13-23.)
855-Section 20. The Professional Counselor and Clinical
856-Professional Counselor Licensing and Practice Act is amended
857-by changing Sections 25, 37, 50, and 80 as follows:
858-(225 ILCS 107/25)
859-(Section scheduled to be repealed on January 1, 2028)
860-
861-
862-Sec. 25. Powers and duties of the Department. Subject to
863-the provisions of this Act, the Department may:
864-(a) Authorize examinations to ascertain the
865-qualifications and fitness of applicants for licensing as
866-professional counselors or clinical professional
867-counselors and pass upon the qualifications of applicants
868-for licensure by endorsement. All examinations, either
869-conducted or authorized, must allow reasonable
870-accommodations for applicants for whom English is not
871-their primary language and a test in their primary
872-language test is not available. Further, all examinations
873-either conducted or authorized must comply with all
874-communication access and reasonable modification
875-requirements in Section 504 of the federal Rehabilitation
876-Act of 1973 and Title II of the Americans with
877-Disabilities Act of 1990.
878-(b) Conduct hearings on proceedings to refuse to issue
879-or renew or to revoke licenses or suspend, place on
880-probation, censure, or reprimand or take any other
881-disciplinary or non-disciplinary action with regard to a
882-person licensed under this Act.
883-(c) Formulate rules and regulations required for the
884-administration of this Act.
885-(d) (Blank).
886-(e) Establish rules for determining approved graduate
887-professional counseling, clinical professional
888-
889-
890-counseling, psychology, rehabilitation counseling and
891-similar programs.
892-(Source: P.A. 102-878, eff. 1-1-23.)
893-(225 ILCS 107/37)
894-(Section scheduled to be repealed on January 1, 2028)
895-Sec. 37. Social Security Number or individual taxpayer
896-identification number on license application. In addition to
897-any other information required to be contained in the
898-application, every application for an original license under
899-this Act shall include the applicant's Social Security Number
900-or individual taxpayer identification number, which shall be
901-retained in the agency's records pertaining to the license. As
902-soon as practical, the Department shall assign a customer's
903-identification number to each applicant for a license.
904-Every application for a renewal or restored license shall
905-require the applicant's customer identification number.
906-(Source: P.A. 97-400, eff. 1-1-12.)
907-(225 ILCS 107/50)
908-(Section scheduled to be repealed on January 1, 2028)
909-Sec. 50. Licenses; renewal; restoration; person in
910-military service; inactive status.
911-(a) The expiration date and renewal period for each
912-license issued under this Act shall be set by rule. As a
913-condition for renewal of a license, the licensee shall be
914-
915-
916-required to complete continuing education in accordance with
917-rules established by the Department and pay the current
918-renewal fee.
919-(b) Any person who has permitted a license to expire or who
920-has a license on inactive status may have it restored by
921-submitting an application to the Department and filing proof
922-of fitness acceptable to the Department, to have the license
923-restored, including, if appropriate, evidence which is
924-satisfactory to the Department certifying the active practice
925-of professional counseling or clinical professional counseling
926-in another jurisdiction and by paying the required fee.
927-(c) If the person has not maintained an active practice in
928-another jurisdiction which is satisfactory to the Department,
929-the Department shall determine, by rule, the person's fitness
930-to resume active status and shall establish procedures and
931-requirements for restoration.
932-(d) However, any person whose license expired while he or
933-she was (i) in federal service on active duty with the armed
934-forces of the United States or the State Militia or (ii) in
935-training or education under the supervision of the United
936-States government prior to induction into the military service
937-may have his or her license restored without paying any lapsed
938-renewal fees if, within 2 years after the honorable
939-termination of such service, training, or education, the
940-Department is furnished with satisfactory evidence that the
941-person has been so engaged and that such service, training, or
942-
943-
944-education has been so terminated.
945-(e) A license to practice shall not be denied any
946-applicant because of the applicant's race, religion, creed,
947-national origin, real or perceived immigration status,
948-political beliefs or activities, age, sex, sexual orientation,
949-or physical impairment.
950-(f) (Blank).
951-(g) Notwithstanding any other provision of law, the
952-following requirements for restoration of an inactive or
953-expired license of 5 years or less as set forth in subsections
954-(b), (c), and (f) are suspended for any licensed clinical
955-professional counselor who has had no disciplinary action
956-taken against his or her license in this State or in any other
957-jurisdiction during the entire period of licensure: proof of
958-fitness, certification of active practice in another
959-jurisdiction, and the payment of a renewal fee. An individual
960-may not restore his or her license in accordance with this
961-subsection more than once.
962-(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22;
963-103-154, eff. 6-30-23.)
964-(225 ILCS 107/80)
965-(Section scheduled to be repealed on January 1, 2028)
966-Sec. 80. Grounds for discipline.
967-(a) The Department may refuse to issue, renew, or may
968-revoke, suspend, place on probation, reprimand, or take other
969-
970-
971-disciplinary or non-disciplinary action as the Department
972-deems appropriate, including the issuance of fines not to
973-exceed $10,000 for each violation, with regard to any license
974-for any one or more of the following:
975-(1) Material misstatement in furnishing information to
976-the Department or to any other State agency.
977-(2) Violations or negligent or intentional disregard
978-of this Act or rules adopted under this Act.
979-(3) Conviction by plea of guilty or nolo contendere,
980-finding of guilt, jury verdict, or entry of judgment or by
981-sentencing of any crime, including, but not limited to,
982-convictions, preceding sentences of supervision,
983-conditional discharge, or first offender probation, under
984-the laws of any jurisdiction of the United States: (i)
985-that is a felony or (ii) that is a misdemeanor, an
986-essential element of which is dishonesty, or that is
987-directly related to the practice of the profession.
988-(4) Fraud or any misrepresentation in applying for or
989-procuring a license under this Act or in connection with
990-applying for renewal of a license under this Act.
991-(5) Professional incompetence or gross negligence in
992-the rendering of professional counseling or clinical
993-professional counseling services.
994-(6) Malpractice.
995-(7) Aiding or assisting another person in violating
996-any provision of this Act or any rules.
997-
998-
999-(8) Failing to provide information within 60 days in
1000-response to a written request made by the Department.
1001-(9) Engaging in dishonorable, unethical, or
1002-unprofessional conduct of a character likely to deceive,
1003-defraud, or harm the public and violating the rules of
1004-professional conduct adopted by the Department.
1005-(10) Habitual or excessive use or abuse of drugs as
1006-defined in law as controlled substances, alcohol, or any
1007-other substance which results in inability to practice
1008-with reasonable skill, judgment, or safety.
1009-(11) Discipline by another jurisdiction, the District
1010-of Columbia, territory, county, or governmental agency, if
1011-at least one of the grounds for the discipline is the same
1012-or substantially equivalent to those set forth in this
1013-Section.
1014-(12) Directly or indirectly giving to or receiving
1015-from any person, firm, corporation, partnership, or
1016-association any fee, commission, rebate or other form of
1017-compensation for any professional service not actually
1018-rendered. Nothing in this paragraph (12) affects any bona
1019-fide independent contractor or employment arrangements
1020-among health care professionals, health facilities, health
1021-care providers, or other entities, except as otherwise
1022-prohibited by law. Any employment arrangements may include
1023-provisions for compensation, health insurance, pension, or
1024-other employment benefits for the provision of services
1025-
1026-
1027-within the scope of the licensee's practice under this
1028-Act. Nothing in this paragraph (12) shall be construed to
1029-require an employment arrangement to receive professional
1030-fees for services rendered.
1031-(13) A finding by the Board that the licensee, after
1032-having the license placed on probationary status, has
1033-violated the terms of probation.
1034-(14) Abandonment of a client.
1035-(15) Willfully filing false reports relating to a
1036-licensee's practice, including but not limited to false
1037-records filed with federal or State agencies or
1038-departments.
1039-(16) Willfully failing to report an instance of
1040-suspected child abuse or neglect as required by the Abused
1041-and Neglected Child Reporting Act and in matters
1042-pertaining to suspected abuse, neglect, financial
1043-exploitation, or self-neglect of adults with disabilities
1044-and older adults as set forth in the Adult Protective
1045-Services Act.
1046-(17) Being named as a perpetrator in an indicated
1047-report by the Department of Children and Family Services
1048-pursuant to the Abused and Neglected Child Reporting Act,
1049-and upon proof by clear and convincing evidence that the
1050-licensee has caused a child to be an abused child or
1051-neglected child as defined in the Abused and Neglected
1052-Child Reporting Act.
1053-
1054-
1055-(18) Physical or mental illness or disability,
1056-including, but not limited to, deterioration through the
1057-aging process or loss of abilities and skills which
1058-results in the inability to practice the profession with
1059-reasonable judgment, skill, or safety.
1060-(19) Solicitation of professional services by using
1061-false or misleading advertising.
1062-(20) Allowing one's license under this Act to be used
1063-by an unlicensed person in violation of this Act.
1064-(21) A finding that licensure has been applied for or
1065-obtained by fraudulent means.
1066-(22) Practicing under a false or, except as provided
1067-by law, an assumed name.
1068-(23) Gross and willful overcharging for professional
1069-services including filing statements for collection of
1070-fees or moneys monies for which services are not rendered.
1071-(24) Rendering professional counseling or clinical
1072-professional counseling services without a license or
1073-practicing outside the scope of a license.
1074-(25) Clinical supervisors failing to adequately and
1075-responsibly monitor supervisees.
1076-All fines imposed under this Section shall be paid within
1077-60 days after the effective date of the order imposing the
1078-fine.
1079-(b) (Blank).
1080-(b-5) The Department may refuse to issue or may suspend
1081-
1082-
1083-without hearing, as provided for in the Code of Civil
1084-Procedure, the license of any person who fails to file a
1085-return, pay the tax, penalty, or interest shown in a filed
1086-return, or pay any final assessment of the tax, penalty, or
1087-interest as required by any tax Act administered by the
1088-Illinois Department of Revenue, until such time as the
1089-requirements of any such tax Act are satisfied in accordance
1090-with subsection (g) of Section 2105-15 of the Department of
1091-Professional Regulation Law of the Civil Administrative Code
1092-of Illinois.
1093-(b-10) In cases where the Department of Healthcare and
1094-Family Services has previously determined a licensee or a
1095-potential licensee is more than 30 days delinquent in the
1096-payment of child support and has subsequently certified the
1097-delinquency to the Department, the Department may refuse to
1098-issue or renew or may revoke or suspend that person's license
1099-or may take other disciplinary action against that person
1100-based solely upon the certification of delinquency made by the
1101-Department of Healthcare and Family Services in accordance
1102-with item (5) of subsection (a) of Section 2105-15 of the
1103-Department of Professional Regulation Law of the Civil
1104-Administrative Code of Illinois.
1105-(c) The determination by a court that a licensee is
1106-subject to involuntary admission or judicial admission as
1107-provided in the Mental Health and Developmental Disabilities
1108-Code will result in an automatic suspension of his or her
1109-
1110-
1111-license. The suspension will end upon a finding by a court that
1112-the licensee is no longer subject to involuntary admission or
1113-judicial admission, the issuance of an order so finding and
1114-discharging the patient, and the recommendation of the Board
1115-to the Secretary that the licensee be allowed to resume
1116-professional practice.
1117-(c-1) The Department shall not revoke, suspend, summarily
1118-suspend, place on prohibition, reprimand, refuse to issue or
1119-renew, or take any other disciplinary or non-disciplinary
1120-action against the license or permit issued under this Act to
1121-practice as a professional counselor or clinical professional
1122-counselor based solely upon the professional counselor or
1123-clinical professional counselor authorizing, recommending,
1124-aiding, assisting, referring for, or otherwise participating
1125-in any health care service, so long as the care was not
1126-unlawful under the laws of this State, regardless of whether
1127-the patient was a resident of this State or another state.
1128-(c-2) The Department shall not revoke, suspend, summarily
1129-suspend, place on prohibition, reprimand, refuse to issue or
1130-renew, or take any other disciplinary or non-disciplinary
1131-action against the license or permit issued under this Act to
1132-practice as a professional counselor or clinical professional
1133-counselor based upon the professional counselor's or clinical
1134-professional counselor's license being revoked or suspended,
1135-or the professional counselor or clinical professional
1136-counselor being otherwise disciplined by any other state, if
1137-
1138-
1139-that revocation, suspension, or other form of discipline was
1140-based solely on the professional counselor or clinical
1141-professional counselor violating another state's laws
1142-prohibiting the provision of, authorization of, recommendation
1143-of, aiding or assisting in, referring for, or participation in
1144-any health care service if that health care service as
1145-provided would not have been unlawful under the laws of this
1146-State and is consistent with the standards of conduct for a
1147-professional counselor or clinical professional counselor
1148-practicing in Illinois.
1149-(c-3) The conduct specified in subsection subsections
1150-(c-1), and (c-2), (c-6), or (c-7) shall not constitute grounds
1151-for suspension under Section 145.
1152-(c-4) An applicant seeking licensure, certification, or
1153-authorization pursuant to this Act who has been subject to
1154-disciplinary action by a duly authorized professional
1155-disciplinary agency of another jurisdiction solely on the
1156-basis of having authorized, recommended, aided, assisted,
1157-referred for, or otherwise participated in health care shall
1158-not be denied such licensure, certification, or authorization,
1159-unless the Department determines that such action would have
1160-constituted professional misconduct in this State; however,
1161-nothing in this Section shall be construed as prohibiting the
1162-Department from evaluating the conduct of such applicant and
1163-making a determination regarding the licensure, certification,
1164-or authorization to practice a profession under this Act.
1165-
1166-
1167-(c-5) In enforcing this Act, the Department, upon a
1168-showing of a possible violation, may compel an individual
1169-licensed to practice under this Act, or who has applied for
1170-licensure under this Act, to submit to a mental or physical
1171-examination, or both, as required by and at the expense of the
1172-Department. The Department may order the examining physician
1173-to present testimony concerning the mental or physical
1174-examination of the licensee or applicant. No information shall
1175-be excluded by reason of any common law or statutory privilege
1176-relating to communications between the licensee or applicant
1177-and the examining physician. The examining physicians shall be
1178-specifically designated by the Department. The individual to
1179-be examined may have, at his or her own expense, another
1180-physician of his or her choice present during all aspects of
1181-this examination. The examination shall be performed by a
1182-physician licensed to practice medicine in all its branches.
1183-Failure of an individual to submit to a mental or physical
1184-examination, when directed, shall result in an automatic
1185-suspension without hearing.
1186-All substance-related violations shall mandate an
1187-automatic substance abuse assessment. Failure to submit to an
1188-assessment by a licensed physician who is certified as an
1189-addictionist or an advanced practice registered nurse with
1190-specialty certification in addictions may be grounds for an
1191-automatic suspension.
1192-If the Department finds an individual unable to practice
1193-
1194-
1195-or unfit for duty because of the reasons set forth in this
1196-subsection (c-5), the Department may require that individual
1197-to submit to a substance abuse evaluation or treatment by
1198-individuals or programs approved or designated by the
1199-Department, as a condition, term, or restriction for
1200-continued, restored, or renewed licensure to practice; or, in
1201-lieu of evaluation or treatment, the Department may file, or
1202-the Board may recommend to the Department to file, a complaint
1203-to immediately suspend, revoke, or otherwise discipline the
1204-license of the individual. An individual whose license was
1205-granted, continued, restored, renewed, disciplined, or
1206-supervised subject to such terms, conditions, or restrictions,
1207-and who fails to comply with such terms, conditions, or
1208-restrictions, shall be referred to the Secretary for a
1209-determination as to whether the individual shall have his or
1210-her license suspended immediately, pending a hearing by the
1211-Department.
1212-A person holding a license under this Act or who has
1213-applied for a license under this Act who, because of a physical
1214-or mental illness or disability, including, but not limited
1215-to, deterioration through the aging process or loss of motor
1216-skill, is unable to practice the profession with reasonable
1217-judgment, skill, or safety, may be required by the Department
1218-to submit to care, counseling, or treatment by physicians
1219-approved or designated by the Department as a condition, term,
1220-or restriction for continued, reinstated, or renewed licensure
1221-
1222-
1223-to practice. Submission to care, counseling, or treatment as
1224-required by the Department shall not be considered discipline
1225-of a license. If the licensee refuses to enter into a care,
1226-counseling, or treatment agreement or fails to abide by the
1227-terms of the agreement, the Department may file a complaint to
1228-revoke, suspend, or otherwise discipline the license of the
1229-individual. The Secretary may order the license suspended
1230-immediately, pending a hearing by the Department. Fines shall
1231-not be assessed in disciplinary actions involving physical or
1232-mental illness or impairment.
1233-In instances in which the Secretary immediately suspends a
1234-person's license under this Section, a hearing on that
1235-person's license must be convened by the Department within 15
1236-days after the suspension and completed without appreciable
1237-delay. The Department shall have the authority to review the
1238-subject individual's record of treatment and counseling
1239-regarding the impairment to the extent permitted by applicable
1240-federal statutes and regulations safeguarding the
1241-confidentiality of medical records.
1242-An individual licensed under this Act and affected under
1243-this Section shall be afforded an opportunity to demonstrate
1244-to the Department that he or she can resume practice in
1245-compliance with acceptable and prevailing standards under the
1246-provisions of his or her license.
1247-(c-6) The Department may not revoke, suspend, summarily
1248-suspend, place on prohibition, reprimand, refuse to issue or
1249-
1250-
1251-renew, or take any other disciplinary or non-disciplinary
1252-action against the license or permit issued under this Act to
1253-practice as a professional counselor or clinical professional
1254-counselor based solely upon an immigration violation by the
1255-counselor.
1256-(c-7) The Department may not revoke, suspend, summarily
1257-suspend, place on prohibition, reprimand, refuse to issue or
1258-renew, or take any other disciplinary or non-disciplinary
1259-action against the license or permit issued under this Act to
1260-practice as a professional counselor or clinical professional
1261-counselor based upon the professional counselor's or clinical
1262-professional counselor's license being revoked or suspended,
1263-or the professional counselor or clinical professional
1264-counselor being otherwise disciplined by any other state, if
1265-that revocation, suspension, or other form of discipline was
1266-based solely upon an immigration violation by the counselor.
1267-(d) (Blank).
1268-(e) The Department may adopt rules to implement the
1269-changes made by this amendatory Act of the 102nd General
1270-Assembly.
1271-(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
1272-INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
1273-INDEX
1274-Statutes amended in order of appearance
33+HB5457 Enrolled- 2 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 2 - LRB103 38890 RTM 69027 b
34+ HB5457 Enrolled - 2 - LRB103 38890 RTM 69027 b
35+1 vocational opportunities. In 2022, the University of Illinois
36+2 system announced a record 11,548 international students
37+3 enrolled in their programs. Additionally, with the recent
38+4 influx of migrant children attending Chicago public schools,
39+5 Chicago teachers have highlighted the severe need for
40+6 bilingual social workers and counselors to address the needs
41+7 of traumatized children.
42+8 (4) Illinois faces an unprecedented mental health
43+9 emergency. In 2022, 12.7% of Illinois adults reported 14 or
44+10 more days of poor mental health per month. Even the needs of
45+11 children, whose mental health conditions have been declared a
46+12 national emergency, are unable to be met in Illinois.
47+13 (5) Drug overdose deaths have reached crisis levels. In
48+14 2014, approximately 9.77 people died from drug poisoning per
49+15 100,000 people. In 2022, that number has risen to 23.8 people
50+16 who die per population of 100,000. This represents a 243.6%
51+17 increase in the number of overdose deaths in the last 10 years.
52+18 (6) The ability to express oneself, particularly when
53+19 trying to explain emotions or analyze/interpret life events,
54+20 is crucial to the successful provision of behavioral health
55+21 services. Studies show that the delivery of services in a
56+22 client's language is crucial to the development of trust and
57+23 the comfort of the client. The American Psychological
58+24 Association's official position is that, due to professional
59+25 ethics and governmental guidelines, behavioral health services
60+26 "should be provided in the preferred language of clients with
127561
127662
127763
1278-INDEX
1279-Statutes amended in order of appearance
64+
65+
66+ HB5457 Enrolled - 2 - LRB103 38890 RTM 69027 b
67+
68+
69+HB5457 Enrolled- 3 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 3 - LRB103 38890 RTM 69027 b
70+ HB5457 Enrolled - 3 - LRB103 38890 RTM 69027 b
71+1 limited English proficiency." Every major behavioral health
72+2 profession highlights the ethical need for practitioners to
73+3 enhance cultural sensitivity and competency. However,
74+4 bilingual clients often opt to receive services in English due
75+5 to severe availability gaps of services in their language of
76+6 origin, particularly in rural or underserved areas.
77+7 (7) The shortage of bilingual therapists prevents
78+8 communities from adequately addressing issues related to
79+9 migrant trauma. The lack of bilingual professionals is
80+10 particularly felt in rural areas. For example, although
81+11 immigrants account for 7% of the population of McLean County,
82+12 there are only a handful of clinical professionals who speak
83+13 Spanish and an even smaller amount who speak other languages.
84+14 This means clients must rely on translators, which take
85+15 precious time from the client's therapy session, or wait
86+16 months and travel great distances for appointments with local
87+17 bilingual therapists.
88+18 Section 10. The Clinical Social Work and Social Work
89+19 Practice Act is amended by changing Sections 5, 7, 7.5, and 19
90+20 as follows:
91+21 (225 ILCS 20/5) (from Ch. 111, par. 6355)
92+22 (Section scheduled to be repealed on January 1, 2028)
93+23 Sec. 5. Powers and duties of the Department. Subject to
94+24 the provisions of this Act, the Department shall exercise the
95+
96+
97+
98+
99+
100+ HB5457 Enrolled - 3 - LRB103 38890 RTM 69027 b
101+
102+
103+HB5457 Enrolled- 4 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 4 - LRB103 38890 RTM 69027 b
104+ HB5457 Enrolled - 4 - LRB103 38890 RTM 69027 b
105+1 following functions, powers, and duties:
106+2 (1) Conduct or authorize examinations or examination
107+3 alternatives to ascertain the qualifications and fitness
108+4 of candidates for a license to engage in the independent
109+5 practice of clinical social work, pass upon the
110+6 qualifications of applicants for licenses, and issue
111+7 licenses to those who are found to be fit and qualified.
112+8 All examinations, either conducted or authorized, must
113+9 allow reasonable accommodations for applicants for whom
114+10 English is not their primary language and a test in their
115+11 primary language is not available. Further, all
116+12 examinations either conducted or authorized must comply
117+13 with all communication access and reasonable modification
118+14 requirements in Section 504 of the federal Rehabilitation
119+15 Act of 1973 and Title II of the Americans with
120+16 Disabilities Act of 1990.
121+17 (2) Adopt rules required for the administration and
122+18 enforcement of this Act.
123+19 (3) Adopt rules for determining approved undergraduate
124+20 and graduate social work degree programs and prepare and
125+21 maintain a list of colleges and universities offering such
126+22 approved programs whose graduates, if they otherwise meet
127+23 the requirements of this Act, are eligible to apply for a
128+24 license.
129+25 (4) Prescribe forms to be issued for the
130+26 administration and enforcement of this Act consistent with
131+
132+
133+
134+
135+
136+ HB5457 Enrolled - 4 - LRB103 38890 RTM 69027 b
137+
138+
139+HB5457 Enrolled- 5 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 5 - LRB103 38890 RTM 69027 b
140+ HB5457 Enrolled - 5 - LRB103 38890 RTM 69027 b
141+1 and reflecting the requirements of this Act and rules
142+2 adopted pursuant to this Act.
143+3 (5) Conduct investigations related to possible
144+4 violations of this Act.
145+5 (6) Maintain rosters of the names and addresses of all
146+6 persons who hold valid licenses under this Act. These
147+7 rosters shall be available upon written request and
148+8 payment of the required fee.
149+9 (Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24.)
150+10 (225 ILCS 20/7) (from Ch. 111, par. 6357)
151+11 (Section scheduled to be repealed on January 1, 2028)
152+12 Sec. 7. Applications for original license. Applications
153+13 for original licenses shall be made to the Department on forms
154+14 or electronically as prescribed by the Department and
155+15 accompanied by the required fee which shall not be refundable.
156+16 All applications shall contain such information which, in the
157+17 judgment of the Department, will enable the Department to pass
158+18 on the qualifications of the applicant for a license as a
159+19 licensed clinical social worker or as a licensed social
160+20 worker.
161+21 A license to practice shall not be denied an applicant
162+22 because of the applicant's race, religion, creed, national
163+23 origin, real or perceived immigration status, political
164+24 beliefs or activities, age, sex, sexual orientation, or
165+25 physical disability that does not affect a person's ability to
166+
167+
168+
169+
170+
171+ HB5457 Enrolled - 5 - LRB103 38890 RTM 69027 b
172+
173+
174+HB5457 Enrolled- 6 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 6 - LRB103 38890 RTM 69027 b
175+ HB5457 Enrolled - 6 - LRB103 38890 RTM 69027 b
176+1 practice with reasonable judgment, skill, or safety.
177+2 Applicants have 3 years from the date of application to
178+3 complete the application process. If the process has not been
179+4 completed in 3 years, the application shall be denied, the fee
180+5 shall be forfeited, and the applicant must reapply and meet
181+6 the requirements in effect at the time of reapplication.
182+7 (Source: P.A. 100-414, eff. 8-25-17.)
183+8 (225 ILCS 20/7.5)
184+9 (Section scheduled to be repealed on January 1, 2028)
185+10 Sec. 7.5. Social Security Number or individual taxpayer
186+11 identification number on license application. In addition to
187+12 any other information required to be contained in the
188+13 application, every application for an original license under
189+14 this Act shall include the applicant's Social Security Number
190+15 or individual taxpayer identification number, which shall be
191+16 retained in the agency's records pertaining to the license. As
192+17 soon as practical, the Department shall assign a customer's
193+18 identification number to each applicant for a license.
194+19 Every application for a renewal or restored license shall
195+20 require the applicant's customer identification number.
196+21 (Source: P.A. 97-400, eff. 1-1-12.)
197+22 (225 ILCS 20/19) (from Ch. 111, par. 6369)
198+23 (Section scheduled to be repealed on January 1, 2028)
199+24 Sec. 19. Grounds for disciplinary action.
200+
201+
202+
203+
204+
205+ HB5457 Enrolled - 6 - LRB103 38890 RTM 69027 b
206+
207+
208+HB5457 Enrolled- 7 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 7 - LRB103 38890 RTM 69027 b
209+ HB5457 Enrolled - 7 - LRB103 38890 RTM 69027 b
210+1 (1) The Department may refuse to issue or renew a license,
211+2 or may suspend, revoke, place on probation, reprimand, or take
212+3 any other disciplinary or non-disciplinary action deemed
213+4 appropriate by the Department, including the imposition of
214+5 fines not to exceed $10,000 for each violation, with regard to
215+6 any license issued under the provisions of this Act for any one
216+7 or a combination of the following grounds:
217+8 (a) material misstatements in furnishing information
218+9 to the Department or to any other State agency or in
219+10 furnishing information to any insurance company with
220+11 respect to a claim on behalf of a licensee or a patient;
221+12 (b) violations or negligent or intentional disregard
222+13 of this Act, or any of the rules promulgated hereunder;
223+14 (c) conviction of or entry of a plea of guilty or nolo
224+15 contendere, finding of guilt, jury verdict, or entry of
225+16 judgment or sentencing, including, but not limited to,
226+17 convictions, preceding sentences of supervision,
227+18 conditional discharge, or first offender probation, under
228+19 the laws of any jurisdiction of the United States that is
229+20 (i) a felony or (ii) a misdemeanor, an essential element
230+21 of which is dishonesty, or that is directly related to the
231+22 practice of the clinical social work or social work
232+23 professions;
233+24 (d) fraud or misrepresentation in applying for or
234+25 procuring a license under this Act or in connection with
235+26 applying for renewal or restoration of a license under
236+
237+
238+
239+
240+
241+ HB5457 Enrolled - 7 - LRB103 38890 RTM 69027 b
242+
243+
244+HB5457 Enrolled- 8 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 8 - LRB103 38890 RTM 69027 b
245+ HB5457 Enrolled - 8 - LRB103 38890 RTM 69027 b
246+1 this Act;
247+2 (e) professional incompetence;
248+3 (f) gross negligence in practice under this Act;
249+4 (g) aiding or assisting another person in violating
250+5 any provision of this Act or its rules;
251+6 (h) failing to provide information within 60 days in
252+7 response to a written request made by the Department;
253+8 (i) engaging in dishonorable, unethical or
254+9 unprofessional conduct of a character likely to deceive,
255+10 defraud or harm the public as defined by the rules of the
256+11 Department, or violating the rules of professional conduct
257+12 adopted by the Department;
258+13 (j) habitual or excessive use or abuse of drugs
259+14 defined in law as controlled substances, of alcohol, or of
260+15 any other substances that results in the inability to
261+16 practice with reasonable judgment, skill, or safety;
262+17 (k) adverse action taken by another state or
263+18 jurisdiction, if at least one of the grounds for the
264+19 discipline is the same or substantially equivalent to
265+20 those set forth in this Section;
266+21 (l) directly or indirectly giving to or receiving from
267+22 any person, firm, corporation, partnership, or association
268+23 any fee, commission, rebate or other form of compensation
269+24 for any professional service not actually rendered.
270+25 Nothing in this paragraph (l) affects any bona fide
271+26 independent contractor or employment arrangements among
272+
273+
274+
275+
276+
277+ HB5457 Enrolled - 8 - LRB103 38890 RTM 69027 b
278+
279+
280+HB5457 Enrolled- 9 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 9 - LRB103 38890 RTM 69027 b
281+ HB5457 Enrolled - 9 - LRB103 38890 RTM 69027 b
282+1 health care professionals, health facilities, health care
283+2 providers, or other entities, except as otherwise
284+3 prohibited by law. Any employment arrangements may include
285+4 provisions for compensation, health insurance, pension, or
286+5 other employment benefits for the provision of services
287+6 within the scope of the licensee's practice under this
288+7 Act. Nothing in this paragraph (l) shall be construed to
289+8 require an employment arrangement to receive professional
290+9 fees for services rendered;
291+10 (m) a finding by the Department that the licensee,
292+11 after having the license placed on probationary status,
293+12 has violated the terms of probation or failed to comply
294+13 with such terms;
295+14 (n) abandonment, without cause, of a client;
296+15 (o) willfully making or filing false records or
297+16 reports relating to a licensee's practice, including, but
298+17 not limited to, false records filed with Federal or State
299+18 agencies or departments;
300+19 (p) willfully failing to report an instance of
301+20 suspected child abuse or neglect as required by the Abused
302+21 and Neglected Child Reporting Act;
303+22 (q) being named as a perpetrator in an indicated
304+23 report by the Department of Children and Family Services
305+24 under the Abused and Neglected Child Reporting Act, and
306+25 upon proof by clear and convincing evidence that the
307+26 licensee has caused a child to be an abused child or
308+
309+
310+
311+
312+
313+ HB5457 Enrolled - 9 - LRB103 38890 RTM 69027 b
314+
315+
316+HB5457 Enrolled- 10 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 10 - LRB103 38890 RTM 69027 b
317+ HB5457 Enrolled - 10 - LRB103 38890 RTM 69027 b
318+1 neglected child as defined in the Abused and Neglected
319+2 Child Reporting Act;
320+3 (r) physical illness, mental illness, or any other
321+4 impairment or disability, including, but not limited to,
322+5 deterioration through the aging process, or loss of motor
323+6 skills that results in the inability to practice the
324+7 profession with reasonable judgment, skill or safety;
325+8 (s) solicitation of professional services by using
326+9 false or misleading advertising;
327+10 (t) violation of the Health Care Worker Self-Referral
328+11 Act;
329+12 (u) willfully failing to report an instance of
330+13 suspected abuse, neglect, financial exploitation, or
331+14 self-neglect of an eligible adult as defined in and
332+15 required by the Adult Protective Services Act; or
333+16 (v) being named as an abuser in a verified report by
334+17 the Department on Aging under the Adult Protective
335+18 Services Act, and upon proof by clear and convincing
336+19 evidence that the licensee abused, neglected, or
337+20 financially exploited an eligible adult as defined in the
338+21 Adult Protective Services Act.
339+22 (2) (Blank).
340+23 (3) The determination by a court that a licensee is
341+24 subject to involuntary admission or judicial admission as
342+25 provided in the Mental Health and Developmental Disabilities
343+26 Code, will result in an automatic suspension of his license.
344+
345+
346+
347+
348+
349+ HB5457 Enrolled - 10 - LRB103 38890 RTM 69027 b
350+
351+
352+HB5457 Enrolled- 11 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 11 - LRB103 38890 RTM 69027 b
353+ HB5457 Enrolled - 11 - LRB103 38890 RTM 69027 b
354+1 Such suspension will end upon a finding by a court that the
355+2 licensee is no longer subject to involuntary admission or
356+3 judicial admission and issues an order so finding and
357+4 discharging the patient, and upon the recommendation of the
358+5 Board to the Secretary that the licensee be allowed to resume
359+6 professional practice.
360+7 (4) The Department shall refuse to issue or renew or may
361+8 suspend the license of a person who (i) fails to file a return,
362+9 pay the tax, penalty, or interest shown in a filed return, or
363+10 pay any final assessment of tax, penalty, or interest, as
364+11 required by any tax Act administered by the Department of
365+12 Revenue, until the requirements of the tax Act are satisfied
366+13 or (ii) has failed to pay any court-ordered child support as
367+14 determined by a court order or by referral from the Department
368+15 of Healthcare and Family Services.
369+16 (4.5) The Department shall not revoke, suspend, summarily
370+17 suspend, place on prohibition, reprimand, refuse to issue or
371+18 renew, or take any other disciplinary or non-disciplinary
372+19 action against a license or permit issued under this Act based
373+20 solely upon the licensed clinical social worker authorizing,
374+21 recommending, aiding, assisting, referring for, or otherwise
375+22 participating in any health care service, so long as the care
376+23 was not unlawful under the laws of this State, regardless of
377+24 whether the patient was a resident of this State or another
378+25 state.
379+26 (4.10) The Department shall not revoke, suspend, summarily
380+
381+
382+
383+
384+
385+ HB5457 Enrolled - 11 - LRB103 38890 RTM 69027 b
386+
387+
388+HB5457 Enrolled- 12 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 12 - LRB103 38890 RTM 69027 b
389+ HB5457 Enrolled - 12 - LRB103 38890 RTM 69027 b
390+1 suspend, place on prohibition, reprimand, refuse to issue or
391+2 renew, or take any other disciplinary or non-disciplinary
392+3 action against the license or permit issued under this Act to
393+4 practice as a licensed clinical social worker based upon the
394+5 licensed clinical social worker's license being revoked or
395+6 suspended, or the licensed clinical social worker being
396+7 otherwise disciplined by any other state, if that revocation,
397+8 suspension, or other form of discipline was based solely on
398+9 the licensed clinical social worker violating another state's
399+10 laws prohibiting the provision of, authorization of,
400+11 recommendation of, aiding or assisting in, referring for, or
401+12 participation in any health care service if that health care
402+13 service as provided would not have been unlawful under the
403+14 laws of this State and is consistent with the standards of
404+15 conduct for a licensed clinical social worker practicing in
405+16 Illinois.
406+17 (4.15) The conduct specified in subsection subsections
407+18 (4.5), and (4.10), (4.25), or (4.30) shall not constitute
408+19 grounds for suspension under Section 32.
409+20 (4.20) An applicant seeking licensure, certification, or
410+21 authorization pursuant to this Act who has been subject to
411+22 disciplinary action by a duly authorized professional
412+23 disciplinary agency of another jurisdiction solely on the
413+24 basis of having authorized, recommended, aided, assisted,
414+25 referred for, or otherwise participated in health care shall
415+26 not be denied such licensure, certification, or authorization,
416+
417+
418+
419+
420+
421+ HB5457 Enrolled - 12 - LRB103 38890 RTM 69027 b
422+
423+
424+HB5457 Enrolled- 13 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 13 - LRB103 38890 RTM 69027 b
425+ HB5457 Enrolled - 13 - LRB103 38890 RTM 69027 b
426+1 unless the Department determines that such action would have
427+2 constituted professional misconduct in this State; however,
428+3 nothing in this Section shall be construed as prohibiting the
429+4 Department from evaluating the conduct of such applicant and
430+5 making a determination regarding the licensure, certification,
431+6 or authorization to practice a profession under this Act.
432+7 (4.25) The Department may not revoke, suspend, summarily
433+8 suspend, place on prohibition, reprimand, refuse to issue or
434+9 renew, or take any other disciplinary or non-disciplinary
435+10 action against a license or permit issued under this Act based
436+11 solely upon an immigration violation by the licensed clinical
437+12 social worker.
438+13 (4.30) The Department may not revoke, suspend, summarily
439+14 suspend, place on prohibition, reprimand, refuse to issue or
440+15 renew, or take any other disciplinary or non-disciplinary
441+16 action against the license or permit issued under this Act to
442+17 practice as a licensed clinical social worker based upon the
443+18 licensed clinical social worker's license being revoked or
444+19 suspended, or the licensed clinical social worker being
445+20 otherwise disciplined by any other state, if that revocation,
446+21 suspension, or other form of discipline was based solely upon
447+22 an immigration violation by the licensed clinical social
448+23 worker.
449+24 (5)(a) In enforcing this Section, the Department or Board,
450+25 upon a showing of a possible violation, may compel a person
451+26 licensed to practice under this Act, or who has applied for
452+
453+
454+
455+
456+
457+ HB5457 Enrolled - 13 - LRB103 38890 RTM 69027 b
458+
459+
460+HB5457 Enrolled- 14 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 14 - LRB103 38890 RTM 69027 b
461+ HB5457 Enrolled - 14 - LRB103 38890 RTM 69027 b
462+1 licensure under this Act, to submit to a mental or physical
463+2 examination, or both, which may include a substance abuse or
464+3 sexual offender evaluation, as required by and at the expense
465+4 of the Department.
466+5 (b) The Department shall specifically designate the
467+6 examining physician licensed to practice medicine in all of
468+7 its branches or, if applicable, the multidisciplinary team
469+8 involved in providing the mental or physical examination or
470+9 both. The multidisciplinary team shall be led by a physician
471+10 licensed to practice medicine in all of its branches and may
472+11 consist of one or more or a combination of physicians licensed
473+12 to practice medicine in all of its branches, licensed clinical
474+13 psychologists, licensed clinical social workers, licensed
475+14 clinical professional counselors, and other professional and
476+15 administrative staff. Any examining physician or member of the
477+16 multidisciplinary team may require any person ordered to
478+17 submit to an examination pursuant to this Section to submit to
479+18 any additional supplemental testing deemed necessary to
480+19 complete any examination or evaluation process, including, but
481+20 not limited to, blood testing, urinalysis, psychological
482+21 testing, or neuropsychological testing.
483+22 (c) The Board or the Department may order the examining
484+23 physician or any member of the multidisciplinary team to
485+24 present testimony concerning this mental or physical
486+25 examination of the licensee or applicant. No information,
487+26 report, record, or other documents in any way related to the
488+
489+
490+
491+
492+
493+ HB5457 Enrolled - 14 - LRB103 38890 RTM 69027 b
494+
495+
496+HB5457 Enrolled- 15 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 15 - LRB103 38890 RTM 69027 b
497+ HB5457 Enrolled - 15 - LRB103 38890 RTM 69027 b
498+1 examination shall be excluded by reason of any common law or
499+2 statutory privilege relating to communications between the
500+3 licensee or applicant and the examining physician or any
501+4 member of the multidisciplinary team. No authorization is
502+5 necessary from the licensee or applicant ordered to undergo an
503+6 examination for the examining physician or any member of the
504+7 multidisciplinary team to provide information, reports,
505+8 records, or other documents or to provide any testimony
506+9 regarding the examination and evaluation.
507+10 (d) The person to be examined may have, at his or her own
508+11 expense, another physician of his or her choice present during
509+12 all aspects of the examination. However, that physician shall
510+13 be present only to observe and may not interfere in any way
511+14 with the examination.
512+15 (e) Failure of any person to submit to a mental or physical
513+16 examination without reasonable cause, when ordered, shall
514+17 result in an automatic suspension of his or her license until
515+18 the person submits to the examination.
516+19 (f) If the Department or Board finds a person unable to
517+20 practice because of the reasons set forth in this Section, the
518+21 Department or Board may require that person to submit to care,
519+22 counseling, or treatment by physicians approved or designated
520+23 by the Department or Board, as a condition, term, or
521+24 restriction for continued, reinstated, or renewed licensure to
522+25 practice; or, in lieu of care, counseling or treatment, the
523+26 Department may file, or the Board may recommend to the
524+
525+
526+
527+
528+
529+ HB5457 Enrolled - 15 - LRB103 38890 RTM 69027 b
530+
531+
532+HB5457 Enrolled- 16 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 16 - LRB103 38890 RTM 69027 b
533+ HB5457 Enrolled - 16 - LRB103 38890 RTM 69027 b
534+1 Department to file, a complaint to immediately suspend,
535+2 revoke, or otherwise discipline the license of the person. Any
536+3 person whose license was granted, continued, reinstated,
537+4 renewed, disciplined or supervised subject to such terms,
538+5 conditions or restrictions, and who fails to comply with such
539+6 terms, conditions, or restrictions, shall be referred to the
540+7 Secretary for a determination as to whether the person shall
541+8 have his or her license suspended immediately, pending a
542+9 hearing by the Department.
543+10 (g) All fines imposed shall be paid within 60 days after
544+11 the effective date of the order imposing the fine or in
545+12 accordance with the terms set forth in the order imposing the
546+13 fine.
547+14 In instances in which the Secretary immediately suspends a
548+15 person's license under this Section, a hearing on that
549+16 person's license must be convened by the Department within 30
550+17 days after the suspension and completed without appreciable
551+18 delay. The Department and Board shall have the authority to
552+19 review the subject person's record of treatment and counseling
553+20 regarding the impairment, to the extent permitted by
554+21 applicable federal statutes and regulations safeguarding the
555+22 confidentiality of medical records.
556+23 A person licensed under this Act and affected under this
557+24 Section shall be afforded an opportunity to demonstrate to the
558+25 Department or Board that he or she can resume practice in
559+26 compliance with acceptable and prevailing standards under the
560+
561+
562+
563+
564+
565+ HB5457 Enrolled - 16 - LRB103 38890 RTM 69027 b
566+
567+
568+HB5457 Enrolled- 17 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 17 - LRB103 38890 RTM 69027 b
569+ HB5457 Enrolled - 17 - LRB103 38890 RTM 69027 b
570+1 provisions of his or her license.
571+2 (h) The Department may adopt rules to implement the
572+3 changes made by this amendatory Act of the 102nd General
573+4 Assembly.
574+5 (Source: P.A. 102-1117, eff. 1-13-23.)
575+6 Section 15. The Marriage and Family Therapy Licensing Act
576+7 is amended by changing Sections 30, 32, 45, and 85 as follows:
577+8 (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
578+9 (Section scheduled to be repealed on January 1, 2027)
579+10 Sec. 30. Application.
580+11 (a) Applications for original licensure shall be made to
581+12 the Department in writing on forms or electronically as
582+13 prescribed by the Department and shall be accompanied by the
583+14 appropriate documentation and the required fee, which shall
584+15 not be refundable. Any application shall require such
585+16 information as, in the judgment of the Department, will enable
586+17 the Department to pass on the qualifications of the applicant
587+18 for licensing.
588+19 (b) Applicants have 3 years from the date of application
589+20 to complete the application process. If the application has
590+21 not been completed within 3 years, the application shall be
591+22 denied, the fee shall be forfeited, and the applicant must
592+23 reapply and meet the requirements in effect at the time of
593+24 reapplication.
594+
595+
596+
597+
598+
599+ HB5457 Enrolled - 17 - LRB103 38890 RTM 69027 b
600+
601+
602+HB5457 Enrolled- 18 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 18 - LRB103 38890 RTM 69027 b
603+ HB5457 Enrolled - 18 - LRB103 38890 RTM 69027 b
604+1 (c) A license shall not be denied to an applicant because
605+2 of the applicant's race, religion, creed, national origin,
606+3 real or perceived immigration status, political beliefs or
607+4 activities, age, sex, sexual orientation, or physical
608+5 disability that does not affect a person's ability to practice
609+6 with reasonable judgment, skill, or safety.
610+7 (Source: P.A. 100-372, eff. 8-25-17.)
611+8 (225 ILCS 55/32)
612+9 (Section scheduled to be repealed on January 1, 2027)
613+10 Sec. 32. Social Security Number or individual taxpayer
614+11 identification number on license application. In addition to
615+12 any other information required to be contained in the
616+13 application, every application for an original license under
617+14 this Act shall include the applicant's Social Security Number
618+15 or individual taxpayer identification number, which shall be
619+16 retained in the agency's records pertaining to the license. As
620+17 soon as practical, the Department shall assign a customer's
621+18 identification number to each applicant for a license.
622+19 Every application for a renewal or restored license shall
623+20 require the applicant's customer identification number.
624+21 (Source: P.A. 97-400, eff. 1-1-12.)
625+22 (225 ILCS 56/45)
626+23 (Section scheduled to be repealed on January 1, 2028)
627+24 Sec. 45. Powers and duties of the Department. Subject to
628+
629+
630+
631+
632+
633+ HB5457 Enrolled - 18 - LRB103 38890 RTM 69027 b
634+
635+
636+HB5457 Enrolled- 19 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 19 - LRB103 38890 RTM 69027 b
637+ HB5457 Enrolled - 19 - LRB103 38890 RTM 69027 b
638+1 the provisions of this Act, the Department shall:
639+2 (1) adopt rules defining what constitutes a curriculum
640+3 for music therapy that is reputable and in good standing;
641+4 (2) adopt rules providing for the establishment of a
642+5 uniform and reasonable standard of instruction and
643+6 maintenance to be observed by all curricula for music
644+7 therapy that are approved by the Department and determine
645+8 the reputability and good standing of the curricula for
646+9 music therapy by reference to compliance with the rules,
647+10 provided that no school of music therapy that refuses
648+11 admittance to applicants solely on account of race, color,
649+12 creed, sex, or national origin shall be considered
650+13 reputable and in good standing;
651+14 (3) adopt and publish rules for a method of
652+15 examination of candidates for licensed professional music
653+16 therapists and for issuance of licenses authorizing
654+17 candidates upon passing examination to practice as
655+18 licensed professional music therapists;
656+19 (4) review applications to ascertain the
657+20 qualifications of applicants for licenses;
658+21 (5) authorize examinations to ascertain the
659+22 qualifications of those applicants who require
660+23 examinations as a component of a license. All
661+24 examinations, either conducted or authorized, must allow
662+25 reasonable accommodations for applicants for whom English
663+26 is not their primary language and a test in their primary
664+
665+
666+
667+
668+
669+ HB5457 Enrolled - 19 - LRB103 38890 RTM 69027 b
670+
671+
672+HB5457 Enrolled- 20 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 20 - LRB103 38890 RTM 69027 b
673+ HB5457 Enrolled - 20 - LRB103 38890 RTM 69027 b
674+1 language is not available. Further, all examinations
675+2 either conducted or authorized must comply with all
676+3 communication access and reasonable modification
677+4 requirements in Section 504 of the federal Rehabilitation
678+5 Act of 1973 and Title II of the Americans with
679+6 Disabilities Act of 1990;
680+7 (6) conduct hearings on proceedings to refuse to issue
681+8 or renew a license or to revoke, suspend, place on
682+9 probation, or reprimand licenses issued under this Act or
683+10 otherwise discipline; and
684+11 (7) adopt rules necessary for the administration of
685+12 this Act.
686+13 (Source: P.A. 102-993, eff. 5-27-22.)
687+14 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
688+15 (Section scheduled to be repealed on January 1, 2027)
689+16 Sec. 85. Refusal, revocation, or suspension.
690+17 (a) The Department may refuse to issue or renew a license,
691+18 or may revoke, suspend, reprimand, place on probation, or take
692+19 any other disciplinary or non-disciplinary action as the
693+20 Department may deem proper, including the imposition of fines
694+21 not to exceed $10,000 for each violation, with regard to any
695+22 license issued under the provisions of this Act for any one or
696+23 combination of the following grounds:
697+24 (1) Material misstatement in furnishing information to
698+25 the Department.
699+
700+
701+
702+
703+
704+ HB5457 Enrolled - 20 - LRB103 38890 RTM 69027 b
705+
706+
707+HB5457 Enrolled- 21 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 21 - LRB103 38890 RTM 69027 b
708+ HB5457 Enrolled - 21 - LRB103 38890 RTM 69027 b
709+1 (2) Violation of any provision of this Act or its
710+2 rules.
711+3 (3) Conviction of or entry of a plea of guilty or nolo
712+4 contendere, finding of guilt, jury verdict, or entry of
713+5 judgment or sentencing, including, but not limited to,
714+6 convictions, preceding sentences of supervision,
715+7 conditional discharge, or first offender probation, under
716+8 the laws of any jurisdiction of the United States that is
717+9 (i) a felony or (ii) a misdemeanor, an essential element
718+10 of which is dishonesty or that is directly related to the
719+11 practice of the profession.
720+12 (4) Fraud or misrepresentation in applying for or
721+13 procuring a license under this Act or in connection with
722+14 applying for renewal or restoration of a license under
723+15 this Act or its rules.
724+16 (5) Professional incompetence.
725+17 (6) Gross negligence in practice under this Act.
726+18 (7) Aiding or assisting another person in violating
727+19 any provision of this Act or its rules.
728+20 (8) Failing, within 60 days, to provide information in
729+21 response to a written request made by the Department.
730+22 (9) Engaging in dishonorable, unethical, or
731+23 unprofessional conduct of a character likely to deceive,
732+24 defraud or harm the public as defined by the rules of the
733+25 Department, or violating the rules of professional conduct
734+26 adopted by the Department.
735+
736+
737+
738+
739+
740+ HB5457 Enrolled - 21 - LRB103 38890 RTM 69027 b
741+
742+
743+HB5457 Enrolled- 22 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 22 - LRB103 38890 RTM 69027 b
744+ HB5457 Enrolled - 22 - LRB103 38890 RTM 69027 b
745+1 (10) Habitual or excessive use or abuse of drugs
746+2 defined in law as controlled substances, of alcohol, or
747+3 any other substance that results in the inability to
748+4 practice with reasonable judgment, skill, or safety.
749+5 (11) Discipline by another jurisdiction if at least
750+6 one of the grounds for the discipline is the same or
751+7 substantially equivalent to those set forth in this Act.
752+8 (12) Directly or indirectly giving to or receiving
753+9 from any person, firm, corporation, partnership, or
754+10 association any fee, commission, rebate, or other form of
755+11 compensation for any professional services not actually or
756+12 personally rendered. Nothing in this paragraph (12)
757+13 affects any bona fide independent contractor or employment
758+14 arrangements among health care professionals, health
759+15 facilities, health care providers, or other entities,
760+16 except as otherwise prohibited by law. Any employment
761+17 arrangements may include provisions for compensation,
762+18 health insurance, pension, or other employment benefits
763+19 for the provision of services within the scope of the
764+20 licensee's practice under this Act. Nothing in this
765+21 paragraph (12) shall be construed to require an employment
766+22 arrangement to receive professional fees for services
767+23 rendered.
768+24 (13) A finding by the Department that the licensee,
769+25 after having his or her license placed on probationary
770+26 status, has violated the terms of probation or failed to
771+
772+
773+
774+
775+
776+ HB5457 Enrolled - 22 - LRB103 38890 RTM 69027 b
777+
778+
779+HB5457 Enrolled- 23 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 23 - LRB103 38890 RTM 69027 b
780+ HB5457 Enrolled - 23 - LRB103 38890 RTM 69027 b
781+1 comply with the terms.
782+2 (14) Abandonment of a patient without cause.
783+3 (15) Willfully making or filing false records or
784+4 reports relating to a licensee's practice, including but
785+5 not limited to false records filed with State agencies or
786+6 departments.
787+7 (16) Willfully failing to report an instance of
788+8 suspected child abuse or neglect as required by the Abused
789+9 and Neglected Child Reporting Act.
790+10 (17) Being named as a perpetrator in an indicated
791+11 report by the Department of Children and Family Services
792+12 under the Abused and Neglected Child Reporting Act and
793+13 upon proof by clear and convincing evidence that the
794+14 licensee has caused a child to be an abused child or
795+15 neglected child as defined in the Abused and Neglected
796+16 Child Reporting Act.
797+17 (18) Physical illness or mental illness or impairment,
798+18 including, but not limited to, deterioration through the
799+19 aging process or loss of motor skill that results in the
800+20 inability to practice the profession with reasonable
801+21 judgment, skill, or safety.
802+22 (19) Solicitation of professional services by using
803+23 false or misleading advertising.
804+24 (20) A pattern of practice or other behavior that
805+25 demonstrates incapacity or incompetence to practice under
806+26 this Act.
807+
808+
809+
810+
811+
812+ HB5457 Enrolled - 23 - LRB103 38890 RTM 69027 b
813+
814+
815+HB5457 Enrolled- 24 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 24 - LRB103 38890 RTM 69027 b
816+ HB5457 Enrolled - 24 - LRB103 38890 RTM 69027 b
817+1 (21) Practicing under a false or assumed name, except
818+2 as provided by law.
819+3 (22) Gross, willful, and continued overcharging for
820+4 professional services, including filing false statements
821+5 for collection of fees or moneys for which services are
822+6 not rendered.
823+7 (23) Failure to establish and maintain records of
824+8 patient care and treatment as required by law.
825+9 (24) Cheating on or attempting to subvert the
826+10 licensing examinations administered under this Act.
827+11 (25) Willfully failing to report an instance of
828+12 suspected abuse, neglect, financial exploitation, or
829+13 self-neglect of an eligible adult as defined in and
830+14 required by the Adult Protective Services Act.
831+15 (26) Being named as an abuser in a verified report by
832+16 the Department on Aging and under the Adult Protective
833+17 Services Act and upon proof by clear and convincing
834+18 evidence that the licensee abused, neglected, or
835+19 financially exploited an eligible adult as defined in the
836+20 Adult Protective Services Act.
837+21 (b) (Blank).
838+22 (c) The determination by a circuit court that a licensee
839+23 is subject to involuntary admission or judicial admission, as
840+24 provided in the Mental Health and Developmental Disabilities
841+25 Code, operates as an automatic suspension. The suspension will
842+26 terminate only upon a finding by a court that the patient is no
843+
844+
845+
846+
847+
848+ HB5457 Enrolled - 24 - LRB103 38890 RTM 69027 b
849+
850+
851+HB5457 Enrolled- 25 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 25 - LRB103 38890 RTM 69027 b
852+ HB5457 Enrolled - 25 - LRB103 38890 RTM 69027 b
853+1 longer subject to involuntary admission or judicial admission
854+2 and the issuance of an order so finding and discharging the
855+3 patient, and upon the recommendation of the Board to the
856+4 Secretary that the licensee be allowed to resume his or her
857+5 practice as a licensed marriage and family therapist or an
858+6 associate licensed marriage and family therapist.
859+7 (d) The Department shall refuse to issue or may suspend
860+8 the license of any person who fails to file a return, pay the
861+9 tax, penalty, or interest shown in a filed return or pay any
862+10 final assessment of tax, penalty, or interest, as required by
863+11 any tax Act administered by the Illinois Department of
864+12 Revenue, until the time the requirements of the tax Act are
865+13 satisfied.
866+14 (d-5) The Department shall not revoke, suspend, summarily
867+15 suspend, place on prohibition, reprimand, refuse to issue or
868+16 renew, or take any other disciplinary or non-disciplinary
869+17 action against the license or permit issued under this Act to
870+18 practice as a marriage and family therapist or associate
871+19 licensed marriage and family therapist based solely upon the
872+20 marriage and family therapist or associate licensed marriage
873+21 and family therapist authorizing, recommending, aiding,
874+22 assisting, referring for, or otherwise participating in any
875+23 health care service, so long as the care was not Unlawful under
876+24 the laws of this State, regardless of whether the patient was a
877+25 resident of this State or another state.
878+26 (d-10) The Department shall not revoke, suspend, summarily
879+
880+
881+
882+
883+
884+ HB5457 Enrolled - 25 - LRB103 38890 RTM 69027 b
885+
886+
887+HB5457 Enrolled- 26 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 26 - LRB103 38890 RTM 69027 b
888+ HB5457 Enrolled - 26 - LRB103 38890 RTM 69027 b
889+1 suspend, place on prohibition, reprimand, refuse to issue or
890+2 renew, or take any other disciplinary or non-disciplinary
891+3 action against the license or permit issued under this Act to
892+4 practice as a marriage and family therapist or associate
893+5 licensed marriage and family therapist based upon the marriage
894+6 and family therapist's or associate licensed marriage and
895+7 family therapist's license being revoked or suspended, or the
896+8 marriage and family therapist or associate licensed marriage
897+9 and family therapist being otherwise disciplined by any other
898+10 state, if that revocation, suspension, or other form of
899+11 discipline was based solely on the marriage and family
900+12 therapist or associate licensed marriage and family therapist
901+13 violating another state's laws prohibiting the provision of,
902+14 authorization of, recommendation of, aiding or assisting in,
903+15 referring for, or participation in any health care service if
904+16 that health care service as provided would not have been
905+17 unlawful under the laws of this State and is consistent with
906+18 the standards of conduct for a marriage and family therapist
907+19 or an associate licensed marriage and family therapist
908+20 practicing in Illinois.
909+21 (d-15) The conduct specified in subsection subsections
910+22 (d-5), or (d-10), (d-25), or (d-30) shall not constitute
911+23 grounds for suspension under Section 145.
912+24 (d-20) An applicant seeking licensure, certification, or
913+25 authorization pursuant to this Act who has been subject to
914+26 disciplinary action by a duly authorized professional
915+
916+
917+
918+
919+
920+ HB5457 Enrolled - 26 - LRB103 38890 RTM 69027 b
921+
922+
923+HB5457 Enrolled- 27 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 27 - LRB103 38890 RTM 69027 b
924+ HB5457 Enrolled - 27 - LRB103 38890 RTM 69027 b
925+1 disciplinary agency of another jurisdiction solely on the
926+2 basis of having authorized, recommended, aided, assisted,
927+3 referred for, or otherwise participated in health care shall
928+4 not be denied such licensure, certification, or authorization,
929+5 unless the Department determines that such action would have
930+6 constituted professional misconduct in this State; however,
931+7 nothing in this Section shall be construed as prohibiting the
932+8 Department from evaluating the conduct of such applicant and
933+9 making a determination regarding the licensure, certification,
934+10 or authorization to practice a profession under this Act.
935+11 (d-25) The Department may not revoke, suspend, summarily
936+12 suspend, place on prohibition, reprimand, refuse to issue or
937+13 renew, or take any other disciplinary or non-disciplinary
938+14 action against the license or permit issued under this Act to
939+15 practice as a marriage and family therapist or associate
940+16 licensed marriage and family therapist based solely upon an
941+17 immigration violation by the marriage and family therapist or
942+18 associate licensed marriage and family therapist.
943+19 (d-30) The Department may not revoke, suspend, summarily
944+20 suspend, place on prohibition, reprimand, refuse to issue or
945+21 renew, or take any other disciplinary or non-disciplinary
946+22 action against the license or permit issued under this Act to
947+23 practice as a marriage and family therapist or associate
948+24 licensed marriage and family therapist based upon the marriage
949+25 and family therapist's or associate licensed marriage and
950+26 family therapist's license being revoked or suspended, or the
951+
952+
953+
954+
955+
956+ HB5457 Enrolled - 27 - LRB103 38890 RTM 69027 b
957+
958+
959+HB5457 Enrolled- 28 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 28 - LRB103 38890 RTM 69027 b
960+ HB5457 Enrolled - 28 - LRB103 38890 RTM 69027 b
961+1 marriage and family therapist or associate licensed marriage
962+2 and family therapist being otherwise disciplined by any other
963+3 state, if that revocation, suspension, or other form of
964+4 discipline was based solely upon an immigration violation by
965+5 the marriage and family therapist or associate licensed
966+6 marriage and family therapist.
967+7 (e) In enforcing this Section, the Department or Board
968+8 upon a showing of a possible violation may compel an
969+9 individual licensed to practice under this Act, or who has
970+10 applied for licensure under this Act, to submit to a mental or
971+11 physical examination, or both, which may include a substance
972+12 abuse or sexual offender evaluation, as required by and at the
973+13 expense of the Department.
974+14 The Department shall specifically designate the examining
975+15 physician licensed to practice medicine in all of its branches
976+16 or, if applicable, the multidisciplinary team involved in
977+17 providing the mental or physical examination or both. The
978+18 multidisciplinary team shall be led by a physician licensed to
979+19 practice medicine in all of its branches and may consist of one
980+20 or more or a combination of physicians licensed to practice
981+21 medicine in all of its branches, licensed clinical
982+22 psychologists, licensed clinical social workers, licensed
983+23 clinical professional counselors, licensed marriage and family
984+24 therapists, and other professional and administrative staff.
985+25 Any examining physician or member of the multidisciplinary
986+26 team may require any person ordered to submit to an
987+
988+
989+
990+
991+
992+ HB5457 Enrolled - 28 - LRB103 38890 RTM 69027 b
993+
994+
995+HB5457 Enrolled- 29 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 29 - LRB103 38890 RTM 69027 b
996+ HB5457 Enrolled - 29 - LRB103 38890 RTM 69027 b
997+1 examination and evaluation pursuant to this Section to submit
998+2 to any additional supplemental testing deemed necessary to
999+3 complete any examination or evaluation process, including, but
1000+4 not limited to, blood testing, urinalysis, psychological
1001+5 testing, or neuropsychological testing.
1002+6 The Department may order the examining physician or any
1003+7 member of the multidisciplinary team to provide to the
1004+8 Department any and all records, including business records,
1005+9 that relate to the examination and evaluation, including any
1006+10 supplemental testing performed.
1007+11 The Department or Board may order the examining physician
1008+12 or any member of the multidisciplinary team to present
1009+13 testimony concerning the mental or physical examination of the
1010+14 licensee or applicant. No information, report, record, or
1011+15 other documents in any way related to the examination shall be
1012+16 excluded by reason of any common law or statutory privilege
1013+17 relating to communications between the licensee or applicant
1014+18 and the examining physician or any member of the
1015+19 multidisciplinary team. No authorization is necessary from the
1016+20 licensee or applicant ordered to undergo an examination for
1017+21 the examining physician or any member of the multidisciplinary
1018+22 team to provide information, reports, records, or other
1019+23 documents or to provide any testimony regarding the
1020+24 examination and evaluation.
1021+25 The individual to be examined may have, at his or her own
1022+26 expense, another physician of his or her choice present during
1023+
1024+
1025+
1026+
1027+
1028+ HB5457 Enrolled - 29 - LRB103 38890 RTM 69027 b
1029+
1030+
1031+HB5457 Enrolled- 30 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 30 - LRB103 38890 RTM 69027 b
1032+ HB5457 Enrolled - 30 - LRB103 38890 RTM 69027 b
1033+1 all aspects of this examination. However, that physician shall
1034+2 be present only to observe and may not interfere in any way
1035+3 with the examination.
1036+4 Failure of an individual to submit to a mental or physical
1037+5 examination, when ordered, shall result in an automatic
1038+6 suspension of his or her license until the individual submits
1039+7 to the examination.
1040+8 If the Department or Board finds an individual unable to
1041+9 practice because of the reasons set forth in this Section, the
1042+10 Department or Board may require that individual to submit to
1043+11 care, counseling, or treatment by physicians approved or
1044+12 designated by the Department or Board, as a condition, term,
1045+13 or restriction for continued, reinstated, or renewed licensure
1046+14 to practice; or, in lieu of care, counseling, or treatment,
1047+15 the Department may file, or the Board may recommend to the
1048+16 Department to file, a complaint to immediately suspend,
1049+17 revoke, or otherwise discipline the license of the individual.
1050+18 An individual whose license was granted, continued,
1051+19 reinstated, renewed, disciplined or supervised subject to such
1052+20 terms, conditions, or restrictions, and who fails to comply
1053+21 with such terms, conditions, or restrictions, shall be
1054+22 referred to the Secretary for a determination as to whether
1055+23 the individual shall have his or her license suspended
1056+24 immediately, pending a hearing by the Department.
1057+25 In instances in which the Secretary immediately suspends a
1058+26 person's license under this Section, a hearing on that
1059+
1060+
1061+
1062+
1063+
1064+ HB5457 Enrolled - 30 - LRB103 38890 RTM 69027 b
1065+
1066+
1067+HB5457 Enrolled- 31 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 31 - LRB103 38890 RTM 69027 b
1068+ HB5457 Enrolled - 31 - LRB103 38890 RTM 69027 b
1069+1 person's license must be convened by the Department within 30
1070+2 days after the suspension and completed without appreciable
1071+3 delay. The Department and Board shall have the authority to
1072+4 review the subject individual's record of treatment and
1073+5 counseling regarding the impairment to the extent permitted by
1074+6 applicable federal statutes and regulations safeguarding the
1075+7 confidentiality of medical records.
1076+8 An individual licensed under this Act and affected under
1077+9 this Section shall be afforded an opportunity to demonstrate
1078+10 to the Department or Board that he or she can resume practice
1079+11 in compliance with acceptable and prevailing standards under
1080+12 the provisions of his or her license.
1081+13 (f) A fine shall be paid within 60 days after the effective
1082+14 date of the order imposing the fine or in accordance with the
1083+15 terms set forth in the order imposing the fine.
1084+16 (g) The Department may adopt rules to implement the
1085+17 changes made by this amendatory Act of the 102nd General
1086+18 Assembly.
1087+19 (Source: P.A. 102-1117, eff. 1-13-23.)
1088+20 Section 20. The Professional Counselor and Clinical
1089+21 Professional Counselor Licensing and Practice Act is amended
1090+22 by changing Sections 25, 37, 50, and 80 as follows:
1091+23 (225 ILCS 107/25)
1092+24 (Section scheduled to be repealed on January 1, 2028)
1093+
1094+
1095+
1096+
1097+
1098+ HB5457 Enrolled - 31 - LRB103 38890 RTM 69027 b
1099+
1100+
1101+HB5457 Enrolled- 32 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 32 - LRB103 38890 RTM 69027 b
1102+ HB5457 Enrolled - 32 - LRB103 38890 RTM 69027 b
1103+1 Sec. 25. Powers and duties of the Department. Subject to
1104+2 the provisions of this Act, the Department may:
1105+3 (a) Authorize examinations to ascertain the
1106+4 qualifications and fitness of applicants for licensing as
1107+5 professional counselors or clinical professional
1108+6 counselors and pass upon the qualifications of applicants
1109+7 for licensure by endorsement. All examinations, either
1110+8 conducted or authorized, must allow reasonable
1111+9 accommodations for applicants for whom English is not
1112+10 their primary language and a test in their primary
1113+11 language test is not available. Further, all examinations
1114+12 either conducted or authorized must comply with all
1115+13 communication access and reasonable modification
1116+14 requirements in Section 504 of the federal Rehabilitation
1117+15 Act of 1973 and Title II of the Americans with
1118+16 Disabilities Act of 1990.
1119+17 (b) Conduct hearings on proceedings to refuse to issue
1120+18 or renew or to revoke licenses or suspend, place on
1121+19 probation, censure, or reprimand or take any other
1122+20 disciplinary or non-disciplinary action with regard to a
1123+21 person licensed under this Act.
1124+22 (c) Formulate rules and regulations required for the
1125+23 administration of this Act.
1126+24 (d) (Blank).
1127+25 (e) Establish rules for determining approved graduate
1128+26 professional counseling, clinical professional
1129+
1130+
1131+
1132+
1133+
1134+ HB5457 Enrolled - 32 - LRB103 38890 RTM 69027 b
1135+
1136+
1137+HB5457 Enrolled- 33 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 33 - LRB103 38890 RTM 69027 b
1138+ HB5457 Enrolled - 33 - LRB103 38890 RTM 69027 b
1139+1 counseling, psychology, rehabilitation counseling and
1140+2 similar programs.
1141+3 (Source: P.A. 102-878, eff. 1-1-23.)
1142+4 (225 ILCS 107/37)
1143+5 (Section scheduled to be repealed on January 1, 2028)
1144+6 Sec. 37. Social Security Number or individual taxpayer
1145+7 identification number on license application. In addition to
1146+8 any other information required to be contained in the
1147+9 application, every application for an original license under
1148+10 this Act shall include the applicant's Social Security Number
1149+11 or individual taxpayer identification number, which shall be
1150+12 retained in the agency's records pertaining to the license. As
1151+13 soon as practical, the Department shall assign a customer's
1152+14 identification number to each applicant for a license.
1153+15 Every application for a renewal or restored license shall
1154+16 require the applicant's customer identification number.
1155+17 (Source: P.A. 97-400, eff. 1-1-12.)
1156+18 (225 ILCS 107/50)
1157+19 (Section scheduled to be repealed on January 1, 2028)
1158+20 Sec. 50. Licenses; renewal; restoration; person in
1159+21 military service; inactive status.
1160+22 (a) The expiration date and renewal period for each
1161+23 license issued under this Act shall be set by rule. As a
1162+24 condition for renewal of a license, the licensee shall be
1163+
1164+
1165+
1166+
1167+
1168+ HB5457 Enrolled - 33 - LRB103 38890 RTM 69027 b
1169+
1170+
1171+HB5457 Enrolled- 34 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 34 - LRB103 38890 RTM 69027 b
1172+ HB5457 Enrolled - 34 - LRB103 38890 RTM 69027 b
1173+1 required to complete continuing education in accordance with
1174+2 rules established by the Department and pay the current
1175+3 renewal fee.
1176+4 (b) Any person who has permitted a license to expire or who
1177+5 has a license on inactive status may have it restored by
1178+6 submitting an application to the Department and filing proof
1179+7 of fitness acceptable to the Department, to have the license
1180+8 restored, including, if appropriate, evidence which is
1181+9 satisfactory to the Department certifying the active practice
1182+10 of professional counseling or clinical professional counseling
1183+11 in another jurisdiction and by paying the required fee.
1184+12 (c) If the person has not maintained an active practice in
1185+13 another jurisdiction which is satisfactory to the Department,
1186+14 the Department shall determine, by rule, the person's fitness
1187+15 to resume active status and shall establish procedures and
1188+16 requirements for restoration.
1189+17 (d) However, any person whose license expired while he or
1190+18 she was (i) in federal service on active duty with the armed
1191+19 forces of the United States or the State Militia or (ii) in
1192+20 training or education under the supervision of the United
1193+21 States government prior to induction into the military service
1194+22 may have his or her license restored without paying any lapsed
1195+23 renewal fees if, within 2 years after the honorable
1196+24 termination of such service, training, or education, the
1197+25 Department is furnished with satisfactory evidence that the
1198+26 person has been so engaged and that such service, training, or
1199+
1200+
1201+
1202+
1203+
1204+ HB5457 Enrolled - 34 - LRB103 38890 RTM 69027 b
1205+
1206+
1207+HB5457 Enrolled- 35 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 35 - LRB103 38890 RTM 69027 b
1208+ HB5457 Enrolled - 35 - LRB103 38890 RTM 69027 b
1209+1 education has been so terminated.
1210+2 (e) A license to practice shall not be denied any
1211+3 applicant because of the applicant's race, religion, creed,
1212+4 national origin, real or perceived immigration status,
1213+5 political beliefs or activities, age, sex, sexual orientation,
1214+6 or physical impairment.
1215+7 (f) (Blank).
1216+8 (g) Notwithstanding any other provision of law, the
1217+9 following requirements for restoration of an inactive or
1218+10 expired license of 5 years or less as set forth in subsections
1219+11 (b), (c), and (f) are suspended for any licensed clinical
1220+12 professional counselor who has had no disciplinary action
1221+13 taken against his or her license in this State or in any other
1222+14 jurisdiction during the entire period of licensure: proof of
1223+15 fitness, certification of active practice in another
1224+16 jurisdiction, and the payment of a renewal fee. An individual
1225+17 may not restore his or her license in accordance with this
1226+18 subsection more than once.
1227+19 (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22;
1228+20 103-154, eff. 6-30-23.)
1229+21 (225 ILCS 107/80)
1230+22 (Section scheduled to be repealed on January 1, 2028)
1231+23 Sec. 80. Grounds for discipline.
1232+24 (a) The Department may refuse to issue, renew, or may
1233+25 revoke, suspend, place on probation, reprimand, or take other
1234+
1235+
1236+
1237+
1238+
1239+ HB5457 Enrolled - 35 - LRB103 38890 RTM 69027 b
1240+
1241+
1242+HB5457 Enrolled- 36 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 36 - LRB103 38890 RTM 69027 b
1243+ HB5457 Enrolled - 36 - LRB103 38890 RTM 69027 b
1244+1 disciplinary or non-disciplinary action as the Department
1245+2 deems appropriate, including the issuance of fines not to
1246+3 exceed $10,000 for each violation, with regard to any license
1247+4 for any one or more of the following:
1248+5 (1) Material misstatement in furnishing information to
1249+6 the Department or to any other State agency.
1250+7 (2) Violations or negligent or intentional disregard
1251+8 of this Act or rules adopted under this Act.
1252+9 (3) Conviction by plea of guilty or nolo contendere,
1253+10 finding of guilt, jury verdict, or entry of judgment or by
1254+11 sentencing of any crime, including, but not limited to,
1255+12 convictions, preceding sentences of supervision,
1256+13 conditional discharge, or first offender probation, under
1257+14 the laws of any jurisdiction of the United States: (i)
1258+15 that is a felony or (ii) that is a misdemeanor, an
1259+16 essential element of which is dishonesty, or that is
1260+17 directly related to the practice of the profession.
1261+18 (4) Fraud or any misrepresentation in applying for or
1262+19 procuring a license under this Act or in connection with
1263+20 applying for renewal of a license under this Act.
1264+21 (5) Professional incompetence or gross negligence in
1265+22 the rendering of professional counseling or clinical
1266+23 professional counseling services.
1267+24 (6) Malpractice.
1268+25 (7) Aiding or assisting another person in violating
1269+26 any provision of this Act or any rules.
1270+
1271+
1272+
1273+
1274+
1275+ HB5457 Enrolled - 36 - LRB103 38890 RTM 69027 b
1276+
1277+
1278+HB5457 Enrolled- 37 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 37 - LRB103 38890 RTM 69027 b
1279+ HB5457 Enrolled - 37 - LRB103 38890 RTM 69027 b
1280+1 (8) Failing to provide information within 60 days in
1281+2 response to a written request made by the Department.
1282+3 (9) Engaging in dishonorable, unethical, or
1283+4 unprofessional conduct of a character likely to deceive,
1284+5 defraud, or harm the public and violating the rules of
1285+6 professional conduct adopted by the Department.
1286+7 (10) Habitual or excessive use or abuse of drugs as
1287+8 defined in law as controlled substances, alcohol, or any
1288+9 other substance which results in inability to practice
1289+10 with reasonable skill, judgment, or safety.
1290+11 (11) Discipline by another jurisdiction, the District
1291+12 of Columbia, territory, county, or governmental agency, if
1292+13 at least one of the grounds for the discipline is the same
1293+14 or substantially equivalent to those set forth in this
1294+15 Section.
1295+16 (12) Directly or indirectly giving to or receiving
1296+17 from any person, firm, corporation, partnership, or
1297+18 association any fee, commission, rebate or other form of
1298+19 compensation for any professional service not actually
1299+20 rendered. Nothing in this paragraph (12) affects any bona
1300+21 fide independent contractor or employment arrangements
1301+22 among health care professionals, health facilities, health
1302+23 care providers, or other entities, except as otherwise
1303+24 prohibited by law. Any employment arrangements may include
1304+25 provisions for compensation, health insurance, pension, or
1305+26 other employment benefits for the provision of services
1306+
1307+
1308+
1309+
1310+
1311+ HB5457 Enrolled - 37 - LRB103 38890 RTM 69027 b
1312+
1313+
1314+HB5457 Enrolled- 38 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 38 - LRB103 38890 RTM 69027 b
1315+ HB5457 Enrolled - 38 - LRB103 38890 RTM 69027 b
1316+1 within the scope of the licensee's practice under this
1317+2 Act. Nothing in this paragraph (12) shall be construed to
1318+3 require an employment arrangement to receive professional
1319+4 fees for services rendered.
1320+5 (13) A finding by the Board that the licensee, after
1321+6 having the license placed on probationary status, has
1322+7 violated the terms of probation.
1323+8 (14) Abandonment of a client.
1324+9 (15) Willfully filing false reports relating to a
1325+10 licensee's practice, including but not limited to false
1326+11 records filed with federal or State agencies or
1327+12 departments.
1328+13 (16) Willfully failing to report an instance of
1329+14 suspected child abuse or neglect as required by the Abused
1330+15 and Neglected Child Reporting Act and in matters
1331+16 pertaining to suspected abuse, neglect, financial
1332+17 exploitation, or self-neglect of adults with disabilities
1333+18 and older adults as set forth in the Adult Protective
1334+19 Services Act.
1335+20 (17) Being named as a perpetrator in an indicated
1336+21 report by the Department of Children and Family Services
1337+22 pursuant to the Abused and Neglected Child Reporting Act,
1338+23 and upon proof by clear and convincing evidence that the
1339+24 licensee has caused a child to be an abused child or
1340+25 neglected child as defined in the Abused and Neglected
1341+26 Child Reporting Act.
1342+
1343+
1344+
1345+
1346+
1347+ HB5457 Enrolled - 38 - LRB103 38890 RTM 69027 b
1348+
1349+
1350+HB5457 Enrolled- 39 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 39 - LRB103 38890 RTM 69027 b
1351+ HB5457 Enrolled - 39 - LRB103 38890 RTM 69027 b
1352+1 (18) Physical or mental illness or disability,
1353+2 including, but not limited to, deterioration through the
1354+3 aging process or loss of abilities and skills which
1355+4 results in the inability to practice the profession with
1356+5 reasonable judgment, skill, or safety.
1357+6 (19) Solicitation of professional services by using
1358+7 false or misleading advertising.
1359+8 (20) Allowing one's license under this Act to be used
1360+9 by an unlicensed person in violation of this Act.
1361+10 (21) A finding that licensure has been applied for or
1362+11 obtained by fraudulent means.
1363+12 (22) Practicing under a false or, except as provided
1364+13 by law, an assumed name.
1365+14 (23) Gross and willful overcharging for professional
1366+15 services including filing statements for collection of
1367+16 fees or moneys monies for which services are not rendered.
1368+17 (24) Rendering professional counseling or clinical
1369+18 professional counseling services without a license or
1370+19 practicing outside the scope of a license.
1371+20 (25) Clinical supervisors failing to adequately and
1372+21 responsibly monitor supervisees.
1373+22 All fines imposed under this Section shall be paid within
1374+23 60 days after the effective date of the order imposing the
1375+24 fine.
1376+25 (b) (Blank).
1377+26 (b-5) The Department may refuse to issue or may suspend
1378+
1379+
1380+
1381+
1382+
1383+ HB5457 Enrolled - 39 - LRB103 38890 RTM 69027 b
1384+
1385+
1386+HB5457 Enrolled- 40 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 40 - LRB103 38890 RTM 69027 b
1387+ HB5457 Enrolled - 40 - LRB103 38890 RTM 69027 b
1388+1 without hearing, as provided for in the Code of Civil
1389+2 Procedure, the license of any person who fails to file a
1390+3 return, pay the tax, penalty, or interest shown in a filed
1391+4 return, or pay any final assessment of the tax, penalty, or
1392+5 interest as required by any tax Act administered by the
1393+6 Illinois Department of Revenue, until such time as the
1394+7 requirements of any such tax Act are satisfied in accordance
1395+8 with subsection (g) of Section 2105-15 of the Department of
1396+9 Professional Regulation Law of the Civil Administrative Code
1397+10 of Illinois.
1398+11 (b-10) In cases where the Department of Healthcare and
1399+12 Family Services has previously determined a licensee or a
1400+13 potential licensee is more than 30 days delinquent in the
1401+14 payment of child support and has subsequently certified the
1402+15 delinquency to the Department, the Department may refuse to
1403+16 issue or renew or may revoke or suspend that person's license
1404+17 or may take other disciplinary action against that person
1405+18 based solely upon the certification of delinquency made by the
1406+19 Department of Healthcare and Family Services in accordance
1407+20 with item (5) of subsection (a) of Section 2105-15 of the
1408+21 Department of Professional Regulation Law of the Civil
1409+22 Administrative Code of Illinois.
1410+23 (c) The determination by a court that a licensee is
1411+24 subject to involuntary admission or judicial admission as
1412+25 provided in the Mental Health and Developmental Disabilities
1413+26 Code will result in an automatic suspension of his or her
1414+
1415+
1416+
1417+
1418+
1419+ HB5457 Enrolled - 40 - LRB103 38890 RTM 69027 b
1420+
1421+
1422+HB5457 Enrolled- 41 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 41 - LRB103 38890 RTM 69027 b
1423+ HB5457 Enrolled - 41 - LRB103 38890 RTM 69027 b
1424+1 license. The suspension will end upon a finding by a court that
1425+2 the licensee is no longer subject to involuntary admission or
1426+3 judicial admission, the issuance of an order so finding and
1427+4 discharging the patient, and the recommendation of the Board
1428+5 to the Secretary that the licensee be allowed to resume
1429+6 professional practice.
1430+7 (c-1) The Department shall not revoke, suspend, summarily
1431+8 suspend, place on prohibition, reprimand, refuse to issue or
1432+9 renew, or take any other disciplinary or non-disciplinary
1433+10 action against the license or permit issued under this Act to
1434+11 practice as a professional counselor or clinical professional
1435+12 counselor based solely upon the professional counselor or
1436+13 clinical professional counselor authorizing, recommending,
1437+14 aiding, assisting, referring for, or otherwise participating
1438+15 in any health care service, so long as the care was not
1439+16 unlawful under the laws of this State, regardless of whether
1440+17 the patient was a resident of this State or another state.
1441+18 (c-2) The Department shall not revoke, suspend, summarily
1442+19 suspend, place on prohibition, reprimand, refuse to issue or
1443+20 renew, or take any other disciplinary or non-disciplinary
1444+21 action against the license or permit issued under this Act to
1445+22 practice as a professional counselor or clinical professional
1446+23 counselor based upon the professional counselor's or clinical
1447+24 professional counselor's license being revoked or suspended,
1448+25 or the professional counselor or clinical professional
1449+26 counselor being otherwise disciplined by any other state, if
1450+
1451+
1452+
1453+
1454+
1455+ HB5457 Enrolled - 41 - LRB103 38890 RTM 69027 b
1456+
1457+
1458+HB5457 Enrolled- 42 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 42 - LRB103 38890 RTM 69027 b
1459+ HB5457 Enrolled - 42 - LRB103 38890 RTM 69027 b
1460+1 that revocation, suspension, or other form of discipline was
1461+2 based solely on the professional counselor or clinical
1462+3 professional counselor violating another state's laws
1463+4 prohibiting the provision of, authorization of, recommendation
1464+5 of, aiding or assisting in, referring for, or participation in
1465+6 any health care service if that health care service as
1466+7 provided would not have been unlawful under the laws of this
1467+8 State and is consistent with the standards of conduct for a
1468+9 professional counselor or clinical professional counselor
1469+10 practicing in Illinois.
1470+11 (c-3) The conduct specified in subsection subsections
1471+12 (c-1), and (c-2), (c-6), or (c-7) shall not constitute grounds
1472+13 for suspension under Section 145.
1473+14 (c-4) An applicant seeking licensure, certification, or
1474+15 authorization pursuant to this Act who has been subject to
1475+16 disciplinary action by a duly authorized professional
1476+17 disciplinary agency of another jurisdiction solely on the
1477+18 basis of having authorized, recommended, aided, assisted,
1478+19 referred for, or otherwise participated in health care shall
1479+20 not be denied such licensure, certification, or authorization,
1480+21 unless the Department determines that such action would have
1481+22 constituted professional misconduct in this State; however,
1482+23 nothing in this Section shall be construed as prohibiting the
1483+24 Department from evaluating the conduct of such applicant and
1484+25 making a determination regarding the licensure, certification,
1485+26 or authorization to practice a profession under this Act.
1486+
1487+
1488+
1489+
1490+
1491+ HB5457 Enrolled - 42 - LRB103 38890 RTM 69027 b
1492+
1493+
1494+HB5457 Enrolled- 43 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 43 - LRB103 38890 RTM 69027 b
1495+ HB5457 Enrolled - 43 - LRB103 38890 RTM 69027 b
1496+1 (c-5) In enforcing this Act, the Department, upon a
1497+2 showing of a possible violation, may compel an individual
1498+3 licensed to practice under this Act, or who has applied for
1499+4 licensure under this Act, to submit to a mental or physical
1500+5 examination, or both, as required by and at the expense of the
1501+6 Department. The Department may order the examining physician
1502+7 to present testimony concerning the mental or physical
1503+8 examination of the licensee or applicant. No information shall
1504+9 be excluded by reason of any common law or statutory privilege
1505+10 relating to communications between the licensee or applicant
1506+11 and the examining physician. The examining physicians shall be
1507+12 specifically designated by the Department. The individual to
1508+13 be examined may have, at his or her own expense, another
1509+14 physician of his or her choice present during all aspects of
1510+15 this examination. The examination shall be performed by a
1511+16 physician licensed to practice medicine in all its branches.
1512+17 Failure of an individual to submit to a mental or physical
1513+18 examination, when directed, shall result in an automatic
1514+19 suspension without hearing.
1515+20 All substance-related violations shall mandate an
1516+21 automatic substance abuse assessment. Failure to submit to an
1517+22 assessment by a licensed physician who is certified as an
1518+23 addictionist or an advanced practice registered nurse with
1519+24 specialty certification in addictions may be grounds for an
1520+25 automatic suspension.
1521+26 If the Department finds an individual unable to practice
1522+
1523+
1524+
1525+
1526+
1527+ HB5457 Enrolled - 43 - LRB103 38890 RTM 69027 b
1528+
1529+
1530+HB5457 Enrolled- 44 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 44 - LRB103 38890 RTM 69027 b
1531+ HB5457 Enrolled - 44 - LRB103 38890 RTM 69027 b
1532+1 or unfit for duty because of the reasons set forth in this
1533+2 subsection (c-5), the Department may require that individual
1534+3 to submit to a substance abuse evaluation or treatment by
1535+4 individuals or programs approved or designated by the
1536+5 Department, as a condition, term, or restriction for
1537+6 continued, restored, or renewed licensure to practice; or, in
1538+7 lieu of evaluation or treatment, the Department may file, or
1539+8 the Board may recommend to the Department to file, a complaint
1540+9 to immediately suspend, revoke, or otherwise discipline the
1541+10 license of the individual. An individual whose license was
1542+11 granted, continued, restored, renewed, disciplined, or
1543+12 supervised subject to such terms, conditions, or restrictions,
1544+13 and who fails to comply with such terms, conditions, or
1545+14 restrictions, shall be referred to the Secretary for a
1546+15 determination as to whether the individual shall have his or
1547+16 her license suspended immediately, pending a hearing by the
1548+17 Department.
1549+18 A person holding a license under this Act or who has
1550+19 applied for a license under this Act who, because of a physical
1551+20 or mental illness or disability, including, but not limited
1552+21 to, deterioration through the aging process or loss of motor
1553+22 skill, is unable to practice the profession with reasonable
1554+23 judgment, skill, or safety, may be required by the Department
1555+24 to submit to care, counseling, or treatment by physicians
1556+25 approved or designated by the Department as a condition, term,
1557+26 or restriction for continued, reinstated, or renewed licensure
1558+
1559+
1560+
1561+
1562+
1563+ HB5457 Enrolled - 44 - LRB103 38890 RTM 69027 b
1564+
1565+
1566+HB5457 Enrolled- 45 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 45 - LRB103 38890 RTM 69027 b
1567+ HB5457 Enrolled - 45 - LRB103 38890 RTM 69027 b
1568+1 to practice. Submission to care, counseling, or treatment as
1569+2 required by the Department shall not be considered discipline
1570+3 of a license. If the licensee refuses to enter into a care,
1571+4 counseling, or treatment agreement or fails to abide by the
1572+5 terms of the agreement, the Department may file a complaint to
1573+6 revoke, suspend, or otherwise discipline the license of the
1574+7 individual. The Secretary may order the license suspended
1575+8 immediately, pending a hearing by the Department. Fines shall
1576+9 not be assessed in disciplinary actions involving physical or
1577+10 mental illness or impairment.
1578+11 In instances in which the Secretary immediately suspends a
1579+12 person's license under this Section, a hearing on that
1580+13 person's license must be convened by the Department within 15
1581+14 days after the suspension and completed without appreciable
1582+15 delay. The Department shall have the authority to review the
1583+16 subject individual's record of treatment and counseling
1584+17 regarding the impairment to the extent permitted by applicable
1585+18 federal statutes and regulations safeguarding the
1586+19 confidentiality of medical records.
1587+20 An individual licensed under this Act and affected under
1588+21 this Section shall be afforded an opportunity to demonstrate
1589+22 to the Department that he or she can resume practice in
1590+23 compliance with acceptable and prevailing standards under the
1591+24 provisions of his or her license.
1592+25 (c-6) The Department may not revoke, suspend, summarily
1593+26 suspend, place on prohibition, reprimand, refuse to issue or
1594+
1595+
1596+
1597+
1598+
1599+ HB5457 Enrolled - 45 - LRB103 38890 RTM 69027 b
1600+
1601+
1602+HB5457 Enrolled- 46 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 46 - LRB103 38890 RTM 69027 b
1603+ HB5457 Enrolled - 46 - LRB103 38890 RTM 69027 b
1604+1 renew, or take any other disciplinary or non-disciplinary
1605+2 action against the license or permit issued under this Act to
1606+3 practice as a professional counselor or clinical professional
1607+4 counselor based solely upon an immigration violation by the
1608+5 counselor.
1609+6 (c-7) The Department may not revoke, suspend, summarily
1610+7 suspend, place on prohibition, reprimand, refuse to issue or
1611+8 renew, or take any other disciplinary or non-disciplinary
1612+9 action against the license or permit issued under this Act to
1613+10 practice as a professional counselor or clinical professional
1614+11 counselor based upon the professional counselor's or clinical
1615+12 professional counselor's license being revoked or suspended,
1616+13 or the professional counselor or clinical professional
1617+14 counselor being otherwise disciplined by any other state, if
1618+15 that revocation, suspension, or other form of discipline was
1619+16 based solely upon an immigration violation by the counselor.
1620+17 (d) (Blank).
1621+18 (e) The Department may adopt rules to implement the
1622+19 changes made by this amendatory Act of the 102nd General
1623+20 Assembly.
1624+21 (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
1625+HB5457 Enrolled- 47 -LRB103 38890 RTM 69027 b 1 INDEX 2 Statutes amended in order of appearance HB5457 Enrolled- 47 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b 1 INDEX 2 Statutes amended in order of appearance
1626+HB5457 Enrolled- 47 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b
1627+ HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b
1628+1 INDEX
1629+2 Statutes amended in order of appearance
1630+
1631+
1632+
1633+
1634+
1635+ HB5457 Enrolled - 46 - LRB103 38890 RTM 69027 b
1636+
1637+
1638+
1639+HB5457 Enrolled- 47 -LRB103 38890 RTM 69027 b HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b
1640+ HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b
1641+1 INDEX
1642+2 Statutes amended in order of appearance
1643+
1644+
1645+
1646+
1647+
1648+ HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b