Public Act 103-1048
SB3779 EnrolledLRB103 37643 RTM 67770 b SB3779 Enrolled LRB103 37643 RTM 67770 b
SB3779 Enrolled LRB103 37643 RTM 67770 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Clinical Social Work and Social Work
Practice Act is amended by changing Sections 3, 4, 6, 8.2, 10,
10.5, 11, 12.5, 14, 17, 19, 20, 21, 28, 30, 31, and 32 and by
adding Section 4.5 as follows:
(225 ILCS 20/3) (from Ch. 111, par. 6353)
(Section scheduled to be repealed on January 1, 2028)
Sec. 3. Definitions. The following words and phrases shall
have the meanings ascribed to them in this Section unless the
context clearly indicates otherwise:
1. "Department" means the Department of Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and
Professional Regulation.
3. "Board" means the Social Work Examining and
Disciplinary Board.
4. "Licensed Clinical Social Worker" means a person who
holds a license authorizing the independent practice of
clinical social work in Illinois under the auspices of an
employer or in private practice or under the auspices of
public human service agencies or private, nonprofit agencies
SB3779 Enrolled LRB103 37643 RTM 67770 b
providing publicly sponsored human services.
5. "Clinical social work practice" means the providing of
mental health services for the evaluation, treatment, and
prevention of mental and emotional disorders in individuals,
families, and groups based on knowledge and theory of
professionally accepted theoretical structures, including, but
not limited to, psychosocial development, behavior,
psychopathology, unconscious motivation, interpersonal
relationships, and environmental stress.
6. "Treatment procedures" means among other things,
individual, marital, family, and group psychotherapy.
7. "Independent practice of clinical social work" means
the application of clinical social work knowledge and skills
by a licensed clinical social worker who regulates and the
licensed clinical social worker is responsible for the
licensed clinical social worker's her or his own practice or
treatment procedures.
8. "License" means that which is required to practice
clinical social work or social work under this Act, the
qualifications for which include specific education,
acceptable experience, and examination requirements.
9. "Licensed social worker" means a person who holds a
license authorizing the practice of social work, which
includes social services to individuals, groups or communities
in any one or more of the fields of social casework, social
group work, community organization for social welfare, social
work research, social welfare administration, or social work
education. Social casework and social group work may also
include clinical social work, as long as it is not conducted in
an independent practice, as defined in this Section.
10. "Address of record" means the address recorded by the
Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit.
11. "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.)
(225 ILCS 20/4) (from Ch. 111, par. 6354)
(Section scheduled to be repealed on January 1, 2028)
Sec. 4. Exemptions.
1. This Act does not prohibit any of the following:
(a) Any persons legally regulated in this State under
any other Act from engaging in the practice for which they
are authorized, provided that they do not represent
themselves by any title as being engaged in the
independent practice of clinical social work or the
practice of social work as defined in this Act, nor does it
prohibit the practice of nonregulated professions whose
practitioners are engaged in the delivery of human
services, provided such practitioners do not represent
themselves as or use the title of clinical social worker
or social worker.
(b) The practice of clinical social work or social
work by a person who is employed by the United States
government or by the State of Illinois, unit of local
government or any bureau, division or agency thereof while
in the discharge of the employee's official duties.
Clinical social workers employed by the State of Illinois
who are hired after the effective date of this amendatory
Act of 1994 shall hold a valid license, issued by this
State, to practice as a licensed clinical social worker,
except for those clinical social workers employed by the
State who obtain their positions through promotion.
(c) The practice of a student pursuing a course of
professional education under the terms of this Act, if
these activities and services constitute a part of such
student's supervised course of study.
(d) A person from practicing social work if the person
is obtaining experience for licensure as a clinical social
worker or social worker, provided the person is designated
by a title that clearly indicates training status.
(e) A person, who is not a resident of this State, from
performing social work via telehealth in this State for a
nonresident of this State for not more than 5 days in any
one month or more than 15 days in any one calendar year,
had a previous established therapeutic relationship with
the nonresident, and the person is authorized to perform
such services under the laws of the state or country in
which the person resides.
(f) A person, who is not a resident of this State, from
performing social work via telehealth in this State for a
nonresident of this State currently attending a university
or college in this State, had a previous established
therapeutic relationship with the nonresident, and the
person is authorized to perform such services under the
laws of the state or country in which the person resides.
2. Nothing in this Act shall be construed to apply to any
person engaged in the bona fide practice of religious ministry
provided the person does not claim hold himself out to be
engaged in the independent practice of clinical social work or
the practice of social work.
3. This Act does not prohibit a person serving as a
volunteer so long as no representation prohibited by this
Section is made.
4. Nothing contained in this Act shall be construed to
require any hospital, clinic, home health agency, hospice, or
other entity which provides health care to employ or to
contract with a licensed clinical social worker to provide
clinical social work practice or the independent practice of
clinical social work as described in this Act.
(Source: P.A. 102-785, eff. 1-1-23.)
(225 ILCS 20/4.5 new)
Sec. 4.5. Opioid antagonists.
(a) A licensed clinical social worker or licensed social
worker may possess and administer opioid antagonists in the
licensed clinical social worker's or licensed social worker's
professional capacity.
(b) If a person employs a licensed clinical social worker
or licensed social worker and the licensed clinical social
worker or licensed social worker possess an opioid antagonist
in a professional capacity, then the employer must:
(1) provide training in the administration of opioid
antagonists; and
(2) establish a policy to control the acquisition,
storage, transportation, and administration of opioid
antagonists.
(225 ILCS 20/6) (from Ch. 111, par. 6356)
(Section scheduled to be repealed on January 1, 2028)
Sec. 6. Social Work Examining and Disciplinary Board.
(1) The Secretary shall appoint a Social Work Examining
and Disciplinary Board consisting of 9 persons who shall serve
in an advisory capacity to the Secretary. The Board shall be
composed of 6 licensed clinical social workers, one of whom
shall be employed in a public human service agency, one of whom
shall be a certified school social worker, one of whom shall be
employed in the private not-for-profit sector and one of whom
shall serve as the chairperson, 2 licensed social workers, and
one member of the public who is not regulated under this Act or
a similar Act and who clearly represents consumer interests.
(2) Members shall serve for a term of 4 years each, except
that any person chosen to fill a vacancy shall be appointed
only for the unexpired term of the Board member whom the person
he or she shall succeed. Upon the expiration of this term of
office, a Board member shall continue to serve until a
successor is appointed and qualified. No member shall serve
more than 2 consecutive 4-year terms.
(3) The membership of the Board should represent racial
and cultural diversity and reasonably reflect representation
from different geographic areas of Illinois.
(4) The Secretary may terminate the appointment of any
member for cause.
(5) The Secretary may consider the recommendation of the
Board on all matters and questions relating to this Act, such
as: (i) matters relating to continuing education, including
the number of hours necessary for license renewal, waivers for
those unable to meet such requirements, and acceptable course
content and (ii) rules for administration of this Act.
(6) (Blank).
(7) (Blank).
(8) The Board shall annually elect one of its members as
chairperson and one as vice chairperson.
(9) Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(10) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to perform all of
the duties of the Board.
(11) Members of the Board shall have no liability in an
action based upon a disciplinary proceeding or other activity
performed in good faith as a member of the Board.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/8.2)
(Section scheduled to be repealed on January 1, 2028)
Sec. 8.2. Examination alternative.
(a) An applicant who, on or after January 1, 2019 the
effective date of this amendatory Act of the 103rd General
Assembly or within 5 years before the effective date of this
amendatory Act of the 103rd General Assembly, has taken but
has not successfully completed an examination to ascertain the
qualifications and fitness of candidates for a license to
engage in the independent practice of clinical social work may
use an examination alternative to allow the Department to
ascertain the qualifications and fitness of candidates for a
license to engage in the independent practice of clinical
social work.
(b) The examination alternative shall consist of at least
3,000 hours of supervised professional experience that is
obtained within the 10 calendar years immediately preceding
the date of application and after the degree is obtained and
between the time period starting 10 years before the date of
application and ending 3 years after the date of application
as established by rule. If no supervision by a licensed
clinical social worker is available, then supervised
professional experience may include supervision by other
appropriate disciplines as defined by rule.
(c) The examination alternative supervised professional
experience shall be in addition to any other supervised
clinical professional experience required for licensure.
(d) Beginning January 1, 2026, an applicant acquiring the
examination alternative supervised professional experience
must be a licensed social worker or licensed in this State for
the practice of school social work prior to acquiring the
supervised professional experience.
(Source: P.A. 103-433, eff. 1-1-24.)
(225 ILCS 20/10) (from Ch. 111, par. 6360)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. License restrictions and limitations.
(a) No person shall, without a currently valid license as
a social worker issued by the Department: (i) in any manner
claim to be hold himself or herself out to the public as a
social worker under this Act; (ii) use the title "social
worker" or "licensed social worker"; or (iii) offer to render
social work services if the words "social work" or "licensed
social worker" are used to describe the person offering to
render or rendering the services or to describe the services
rendered or offered to be rendered.
(b) No person shall, without a currently valid license as
a clinical social worker issued by the Department: (i) in any
manner claim to be hold himself or herself out to the public as
a clinical social worker or licensed clinical social worker
under this Act; (ii) use the title "clinical social worker" or
"licensed clinical social worker"; or (iii) offer to render
clinical social work services if the words "licensed clinical
social worker" or "clinical social work" are used to describe
the person to render or rendering the services or to describe
the services rendered or offered to be rendered.
(c) Licensed social workers may not engage in independent
practice of clinical social work without a clinical social
worker license. In independent practice, a licensed social
worker shall practice at all times under the order, control,
and full professional responsibility of a licensed clinical
social worker, a licensed clinical psychologist, a licensed
clinical professional counselor, a licensed marriage and
family therapist, or a psychiatrist, as defined in Section
1-121 of the Mental Health and Developmental Disabilities
Code.
(d) No business organization shall provide, attempt to
provide, or offer to provide social work or clinical social
work services unless every member, shareholder, partner,
director, officer, holder of any other ownership interest, and
employee who renders social work or clinical social work
services holds a currently valid license issued under this
Act. No business shall be created that (1) has a stated purpose
that includes social work or clinical social work, or (2)
provides, attempts to provide, or offers to provide social
work or clinical social work services unless it is organized
under the Professional Service Corporation Act, the Medical
Corporation Act, or the Professional Limited Liability Company
Act.
(e) Nothing in this Act shall preclude individuals
licensed under this Act from practicing directly or indirectly
for a physician licensed to practice medicine in all its
branches under the Medical Practice Act of 1987 or for any
legal entity as provided under subsection (c) of Section 22.2
of the Medical Practice Act of 1987.
(f) Nothing in this Act shall preclude individuals
licensed under this Act from practicing directly or indirectly
for any hospital licensed under the Hospital Licensing Act or
any hospital affiliate as defined in Section 10.8 of the
Hospital Licensing Act and any hospital authorized under the
University of Illinois Hospital Act.
(Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.)
(225 ILCS 20/10.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or claims holds himself or herself out to
practice as a clinical social worker or social worker without
being licensed or exempt under this Act shall, in addition to
any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each
offense, as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 95-687, eff. 10-23-07.)
(225 ILCS 20/11) (from Ch. 111, par. 6361)
(Section scheduled to be repealed on January 1, 2028)
Sec. 11. Licenses; renewal; restoration; person in
military service; inactive status.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. The
licensee may renew a license during the 60-day period
preceding its expiration date by paying the required fee and
by demonstrating compliance with any continuing education
requirements. The Department shall adopt rules establishing
minimum requirements of continuing education and means for
verification of the completion of the continuing education
requirements. The Department may, by rule, specify
circumstances under which the continuing education
requirements may be waived.
(b) Any person who has permitted a license to expire or who
has a license on inactive status may have it restored by
submitting an application to the Department and filing proof
of fitness, as defined by rule, to have the license restored,
including, if appropriate, evidence which is satisfactory to
the Department certifying the active practice of clinical
social work or social work in another jurisdiction and by
paying the required fee.
(b-5) If the person has not maintained an active practice
in another jurisdiction which is satisfactory to the
Department, the Department shall determine the person's
fitness to resume active status. The Department may also
require the person to complete a specific period of evaluated
clinical social work or social work experience and may require
successful completion of an examination for clinical social
workers.
(b-7) Notwithstanding any other provision of this Act, any
person whose license expired while on active duty with the
armed forces of the United States, while called into service
or training with the State Militia or in training or education
under the supervision of the United States government prior to
induction into the military service may have the person's his
or her license restored without paying any renewal fees if,
within 2 years after the honorable termination of that
service, training or education, except under conditions other
than honorable, the Department is furnished with satisfactory
evidence that the person has been so engaged and that the
service, training or education has been so terminated.
(c) A license to practice shall not be denied any
applicant because of the applicant's race, religion, creed,
national origin, political beliefs or activities, age, sex,
sexual orientation, or physical impairment.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) The Department shall indicate on each license the
academic degree of the licensee.
(h) Notwithstanding any other provision of law, the
following requirements for restoration of an inactive or
expired license of 5 years or less as set forth in subsections
(b) and (b-5) are suspended for any licensed clinical social
worker who has had no disciplinary action taken against the
licensed clinical social worker's his or her license in this
State or in any other jurisdiction during the entire period of
licensure: proof of fitness, certification of active practice
in another jurisdiction, and the payment of a fee or renewal
fee. An individual may not restore the individual's his or her
license in accordance with this subsection more than once.
(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)
(225 ILCS 20/12.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 12.5. Endorsement. The Department may issue a license
as a clinical social worker or as a social worker, without the
required examination, to an applicant licensed under the laws
of another jurisdiction if the requirements for licensure in
that jurisdiction are, on the date of licensure, substantially
equivalent to the requirements of this Act or to any person
who, at the time of the person's his or her licensure,
possessed individual qualifications that were substantially
equivalent to the requirements then in force in this State. An
applicant under this Section shall pay the required fees.
An individual applying for licensure as a clinical social
worker who has been licensed at the independent level in
another United States jurisdiction for 5 consecutive years
without discipline is not required to submit proof of
completion of the education and supervised clinical
professional experience required in paragraph (3) of Section
9. Individuals with 5 consecutive years of experience must
submit certified verification of licensure from the
jurisdiction in which the applicant practiced and must comply
with all other licensing requirements and pay all required
fees.
If the accuracy of any submitted documentation or the
relevance or sufficiency of the course work or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies or conflicts in information given,
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
An applicant has 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 102-1053, eff. 6-10-22.)
(225 ILCS 20/14) (from Ch. 111, par. 6364)
(Section scheduled to be repealed on January 1, 2028)
Sec. 14. Checks or order to Department dishonored because
of insufficient funds. Any person who delivers a check or
other payment to the Department that is returned to the
Department unpaid by the financial institution upon which it
is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30
calendar days of the notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or deny the
application, without hearing. If, after termination or denial,
the person seeks a license, then the person he or she shall
apply to the Department for restoration or issuance of the
license and pay all fees and fines due to the Department. The
Department may establish a fee for the processing of an
application for restoration of a license to pay all expenses
of processing this application. The Secretary may waive the
fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/17) (from Ch. 111, par. 6367)
(Section scheduled to be repealed on January 1, 2028)
Sec. 17. Advertising.
(A) Persons licensed under this Act may advertise the
availability of their professional services as permitted by
law, provided that such advertising is true and not
misleading. Representing that social work services or clinical
social work services are used or made available by individuals
who are not licensed under the provisions of this Act is deemed
to be false and misleading and is subject to the provisions of
Section 35 of this Act.
(B) A licensee shall include in every advertisement for
services regulated under this Act the licensee's his or her
title as it appears on the license or the initials authorized
under this Act.
(Source: P.A. 91-310, eff. 1-1-00.)
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the clinical social work or social work
professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;
(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department;
(j) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(l) directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional service not actually rendered.
Nothing in this paragraph (l) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act. Nothing in this paragraph (l) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with such terms;
(n) abandonment, without cause, of a client;
(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with Federal or State
agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(q) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
Act;
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(2) (Blank).
(3) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, will result in an automatic suspension of the licensee's
his license. Such suspension will end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(4) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied
or (ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon the licensed clinical social worker authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(4.10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the licensed clinical social worker violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for a licensed clinical social worker practicing in
Illinois.
(4.15) The conduct specified in subsections (4.5) and
(4.10) shall not constitute grounds for suspension under
Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(5)(a) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
(b) The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(c) The Board or the Department may order the examining
physician or any member of the multidisciplinary team to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, record, or other documents in any way related to the
examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is
necessary from the licensee or applicant ordered to undergo an
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation.
(d) The person to be examined may have, at the person's his
or her own expense, another physician of the person's his or
her choice present during all aspects of the examination.
However, that physician shall be present only to observe and
may not interfere in any way with the examination.
(e) Failure of any person to submit to a mental or physical
examination without reasonable cause, when ordered, shall
result in an automatic suspension of the person's his or her
license until the person submits to the examination.
(f) If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person's
license shall be person shall have his or her license
suspended immediately, pending a hearing by the Department.
(g) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject person's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person he or she can resume
practice in compliance with acceptable and prevailing
standards under the provisions of the person's his or her
license.
(h) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
(225 ILCS 20/20) (from Ch. 111, par. 6370)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. Violations - Injunction - Cease and desist order.
1. If any person violates the provisions of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General, petition for an order
enjoining such violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition, the
court with appropriate jurisdiction may issue a temporary
restraining order without notice or bond, and may
preliminarily and permanently enjoin such violation. If it is
established that such person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to
all other remedies and penalties provided by this Act.
2. If any person claims to be shall hold herself or himself
out as a licensed clinical social worker or licensed social
worker and is not licensed under this Act, then any licensed
clinical social worker, licensed social worker, interested
party or any person injured thereby may petition for relief as
provided in subsection (1) of this Section.
3. Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against such person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer satisfactory to the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued.
(Source: P.A. 95-687, eff. 10-23-07.)
(225 ILCS 20/21) (from Ch. 111, par. 6371)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Investigations; notice and hearing.
(a) The Department may investigate the actions of any
applicant or of any person holding or claiming to hold a
license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges,
(ii) direct the applicant or licensee him or her to file a
written answer to the charges under oath within 20 days after
the service of the notice, and (iii) inform the applicant or
licensee that failure to file an answer will result in a
default being entered against the applicant or licensee.
(c) Written or electronic notice of the hearing , and any
notice in a the subsequent proceeding, may be served by
personal delivery, by email to the applicant's or licensee's
email address of record, or by mail to the applicant's or
licensee's address of record. applicant or licensee at his or
her address of record or email address of record.
(d) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any statements,
testimony, evidence and argument as may be pertinent to the
charges or to their defense. The Board or hearing officer may
continue the hearing from time to time.
(e) In case the person, after receiving the notice, fails
to file an answer, the person's his or her license may, in the
discretion of the Secretary, having first received the
recommendation of the Board, be suspended, revoked, or placed
on probationary status, or be subject to whatever disciplinary
action the Secretary considers proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/28) (from Ch. 111, par. 6378)
(Section scheduled to be repealed on January 1, 2028)
Sec. 28. Appointment of a hearing officer. Notwithstanding
any other provision of this Act, the Secretary has the
authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in
any action for refusal to issue or renew a license or to
discipline a licensee. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings of fact, conclusions of law,
and
recommendations to the Board and to the Secretary.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/30) (from Ch. 111, par. 6380)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Restoration. At any time after the successful
completion of a term of probation, suspension, or revocation
of any license, the Department may restore the license to the
licensee upon the written recommendation of the Board unless
after an investigation and hearing the Board or Department
determines that restoration is not in the public interest.
Where circumstances of suspension or revocation so indicate,
the Department may require an examination of the licensee
prior to restoring the licensee's his or her license. No
person whose license has been revoked as authorized in this
Act may apply for restoration of that license or permit until
such time as provided for in the Civil Administrative Code of
Illinois.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/31) (from Ch. 111, par. 6381)
(Section scheduled to be repealed on January 1, 2028)
Sec. 31. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall immediately
surrender the licensee's his or her license to the Department.
If the licensee fails to do so, the Department shall have the
right to seize the license.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/32) (from Ch. 111, par. 6382)
(Section scheduled to be repealed on January 1, 2028)
Sec. 32. Summary suspension of a license. The Secretary
may summarily suspend the license of a licensed clinical
social worker or licensed social worker without a hearing
simultaneously with the institution of proceedings for a
hearing provided for in this Act if the Secretary finds that
evidence in the Secretary's his or her possession indicates
that a licensee's continuation in practice would constitute an
imminent danger to the public. In the event the Secretary
summarily suspends such license without a hearing, a hearing
by the Board or Department shall be held within 30 calendar
days after the suspension has occurred.
(Source: P.A. 100-414, eff. 8-25-17.)
Section 10. The Good Samaritan Act is amended by changing
Section 70 as follows: