| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-1048 | |
| 2 | 1 | SB3779 EnrolledLRB103 37643 RTM 67770 b SB3779 Enrolled LRB103 37643 RTM 67770 b | |
| 3 | 2 | SB3779 Enrolled LRB103 37643 RTM 67770 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 1. The Clinical Social Work and Social Work | |
| 8 | - | Practice Act is amended by changing Sections 3, 4, 6, 8.2, 10, | |
| 9 | - | 10.5, 11, 12.5, 14, 17, 19, 20, 21, 28, 30, 31, and 32 and by | |
| 10 | - | adding Section 4.5 as follows: | |
| 11 | - | (225 ILCS 20/3) (from Ch. 111, par. 6353) | |
| 12 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 13 | - | Sec. 3. Definitions. The following words and phrases shall | |
| 14 | - | have the meanings ascribed to them in this Section unless the | |
| 15 | - | context clearly indicates otherwise: | |
| 16 | - | 1. "Department" means the Department of Financial and | |
| 17 | - | Professional Regulation. | |
| 18 | - | 2. "Secretary" means the Secretary of Financial and | |
| 19 | - | Professional Regulation. | |
| 20 | - | 3. "Board" means the Social Work Examining and | |
| 21 | - | Disciplinary Board. | |
| 22 | - | 4. "Licensed Clinical Social Worker" means a person who | |
| 23 | - | holds a license authorizing the independent practice of | |
| 24 | - | clinical social work in Illinois under the auspices of an | |
| 25 | - | employer or in private practice or under the auspices of | |
| 26 | - | public human service agencies or private, nonprofit agencies | |
| 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 1. The Clinical Social Work and Social Work | |
| 7 | + | 5 Practice Act is amended by changing Sections 3, 4, 6, 8.2, 10, | |
| 8 | + | 6 10.5, 11, 12.5, 14, 17, 19, 20, 21, 28, 30, 31, and 32 and by | |
| 9 | + | 7 adding Section 4.5 as follows: | |
| 10 | + | 8 (225 ILCS 20/3) (from Ch. 111, par. 6353) | |
| 11 | + | 9 (Section scheduled to be repealed on January 1, 2028) | |
| 12 | + | 10 Sec. 3. Definitions. The following words and phrases shall | |
| 13 | + | 11 have the meanings ascribed to them in this Section unless the | |
| 14 | + | 12 context clearly indicates otherwise: | |
| 15 | + | 13 1. "Department" means the Department of Financial and | |
| 16 | + | 14 Professional Regulation. | |
| 17 | + | 15 2. "Secretary" means the Secretary of Financial and | |
| 18 | + | 16 Professional Regulation. | |
| 19 | + | 17 3. "Board" means the Social Work Examining and | |
| 20 | + | 18 Disciplinary Board. | |
| 21 | + | 19 4. "Licensed Clinical Social Worker" means a person who | |
| 22 | + | 20 holds a license authorizing the independent practice of | |
| 23 | + | 21 clinical social work in Illinois under the auspices of an | |
| 24 | + | 22 employer or in private practice or under the auspices of | |
| 25 | + | 23 public human service agencies or private, nonprofit agencies | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | SB3779 Enrolled LRB103 37643 RTM 67770 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | providing publicly sponsored human services. | |
| 34 | - | 5. "Clinical social work practice" means the providing of | |
| 35 | - | mental health services for the evaluation, treatment, and | |
| 36 | - | prevention of mental and emotional disorders in individuals, | |
| 37 | - | families, and groups based on knowledge and theory of | |
| 38 | - | professionally accepted theoretical structures, including, but | |
| 39 | - | not limited to, psychosocial development, behavior, | |
| 40 | - | psychopathology, unconscious motivation, interpersonal | |
| 41 | - | relationships, and environmental stress. | |
| 42 | - | 6. "Treatment procedures" means among other things, | |
| 43 | - | individual, marital, family, and group psychotherapy. | |
| 44 | - | 7. "Independent practice of clinical social work" means | |
| 45 | - | the application of clinical social work knowledge and skills | |
| 46 | - | by a licensed clinical social worker who regulates and the | |
| 47 | - | licensed clinical social worker is responsible for the | |
| 48 | - | licensed clinical social worker's her or his own practice or | |
| 49 | - | treatment procedures. | |
| 50 | - | 8. "License" means that which is required to practice | |
| 51 | - | clinical social work or social work under this Act, the | |
| 52 | - | qualifications for which include specific education, | |
| 53 | - | acceptable experience, and examination requirements. | |
| 54 | - | 9. "Licensed social worker" means a person who holds a | |
| 55 | - | license authorizing the practice of social work, which | |
| 56 | - | includes social services to individuals, groups or communities | |
| 57 | - | in any one or more of the fields of social casework, social | |
| 58 | - | group work, community organization for social welfare, social | |
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| 33 | + | SB3779 Enrolled - 2 - LRB103 37643 RTM 67770 b | |
| 34 | + | 1 providing publicly sponsored human services. | |
| 35 | + | 2 5. "Clinical social work practice" means the providing of | |
| 36 | + | 3 mental health services for the evaluation, treatment, and | |
| 37 | + | 4 prevention of mental and emotional disorders in individuals, | |
| 38 | + | 5 families, and groups based on knowledge and theory of | |
| 39 | + | 6 professionally accepted theoretical structures, including, but | |
| 40 | + | 7 not limited to, psychosocial development, behavior, | |
| 41 | + | 8 psychopathology, unconscious motivation, interpersonal | |
| 42 | + | 9 relationships, and environmental stress. | |
| 43 | + | 10 6. "Treatment procedures" means among other things, | |
| 44 | + | 11 individual, marital, family, and group psychotherapy. | |
| 45 | + | 12 7. "Independent practice of clinical social work" means | |
| 46 | + | 13 the application of clinical social work knowledge and skills | |
| 47 | + | 14 by a licensed clinical social worker who regulates and the | |
| 48 | + | 15 licensed clinical social worker is responsible for the | |
| 49 | + | 16 licensed clinical social worker's her or his own practice or | |
| 50 | + | 17 treatment procedures. | |
| 51 | + | 18 8. "License" means that which is required to practice | |
| 52 | + | 19 clinical social work or social work under this Act, the | |
| 53 | + | 20 qualifications for which include specific education, | |
| 54 | + | 21 acceptable experience, and examination requirements. | |
| 55 | + | 22 9. "Licensed social worker" means a person who holds a | |
| 56 | + | 23 license authorizing the practice of social work, which | |
| 57 | + | 24 includes social services to individuals, groups or communities | |
| 58 | + | 25 in any one or more of the fields of social casework, social | |
| 59 | + | 26 group work, community organization for social welfare, social | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | work research, social welfare administration, or social work | |
| 62 | - | education. Social casework and social group work may also | |
| 63 | - | include clinical social work, as long as it is not conducted in | |
| 64 | - | an independent practice, as defined in this Section. | |
| 65 | - | 10. "Address of record" means the address recorded by the | |
| 66 | - | Department in the applicant's application file or the | |
| 67 | - | licensee's license file, as maintained by the Department's | |
| 68 | - | licensure maintenance unit. | |
| 69 | - | 11. "Email address of record" means the designated email | |
| 70 | - | address recorded by the Department in the applicant's | |
| 71 | - | application file or the licensee's license file, as maintained | |
| 72 | - | by the Department's licensure maintenance unit. | |
| 73 | - | (Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.) | |
| 74 | - | (225 ILCS 20/4) (from Ch. 111, par. 6354) | |
| 75 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 76 | - | Sec. 4. Exemptions. | |
| 77 | - | 1. This Act does not prohibit any of the following: | |
| 78 | - | (a) Any persons legally regulated in this State under | |
| 79 | - | any other Act from engaging in the practice for which they | |
| 80 | - | are authorized, provided that they do not represent | |
| 81 | - | themselves by any title as being engaged in the | |
| 82 | - | independent practice of clinical social work or the | |
| 83 | - | practice of social work as defined in this Act, nor does it | |
| 84 | - | prohibit the practice of nonregulated professions whose | |
| 85 | - | practitioners are engaged in the delivery of human | |
| 86 | 62 | ||
| 87 | 63 | ||
| 88 | - | services, provided such practitioners do not represent | |
| 89 | - | themselves as or use the title of clinical social worker | |
| 90 | - | or social worker. | |
| 91 | - | (b) The practice of clinical social work or social | |
| 92 | - | work by a person who is employed by the United States | |
| 93 | - | government or by the State of Illinois, unit of local | |
| 94 | - | government or any bureau, division or agency thereof while | |
| 95 | - | in the discharge of the employee's official duties. | |
| 96 | - | Clinical social workers employed by the State of Illinois | |
| 97 | - | who are hired after the effective date of this amendatory | |
| 98 | - | Act of 1994 shall hold a valid license, issued by this | |
| 99 | - | State, to practice as a licensed clinical social worker, | |
| 100 | - | except for those clinical social workers employed by the | |
| 101 | - | State who obtain their positions through promotion. | |
| 102 | - | (c) The practice of a student pursuing a course of | |
| 103 | - | professional education under the terms of this Act, if | |
| 104 | - | these activities and services constitute a part of such | |
| 105 | - | student's supervised course of study. | |
| 106 | - | (d) A person from practicing social work if the person | |
| 107 | - | is obtaining experience for licensure as a clinical social | |
| 108 | - | worker or social worker, provided the person is designated | |
| 109 | - | by a title that clearly indicates training status. | |
| 110 | - | (e) A person, who is not a resident of this State, from | |
| 111 | - | performing social work via telehealth in this State for a | |
| 112 | - | nonresident of this State for not more than 5 days in any | |
| 113 | - | one month or more than 15 days in any one calendar year, | |
| 64 | + | ||
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| 114 | 66 | ||
| 115 | 67 | ||
| 116 | - | had a previous established therapeutic relationship with | |
| 117 | - | the nonresident, and the person is authorized to perform | |
| 118 | - | such services under the laws of the state or country in | |
| 119 | - | which the person resides. | |
| 120 | - | (f) A person, who is not a resident of this State, from | |
| 121 | - | performing social work via telehealth in this State for a | |
| 122 | - | nonresident of this State currently attending a university | |
| 123 | - | or college in this State, had a previous established | |
| 124 | - | therapeutic relationship with the nonresident, and the | |
| 125 | - | person is authorized to perform such services under the | |
| 126 | - | laws of the state or country in which the person resides. | |
| 127 | - | 2. Nothing in this Act shall be construed to apply to any | |
| 128 | - | person engaged in the bona fide practice of religious ministry | |
| 129 | - | provided the person does not claim hold himself out to be | |
| 130 | - | engaged in the independent practice of clinical social work or | |
| 131 | - | the practice of social work. | |
| 132 | - | 3. This Act does not prohibit a person serving as a | |
| 133 | - | volunteer so long as no representation prohibited by this | |
| 134 | - | Section is made. | |
| 135 | - | 4. Nothing contained in this Act shall be construed to | |
| 136 | - | require any hospital, clinic, home health agency, hospice, or | |
| 137 | - | other entity which provides health care to employ or to | |
| 138 | - | contract with a licensed clinical social worker to provide | |
| 139 | - | clinical social work practice or the independent practice of | |
| 140 | - | clinical social work as described in this Act. | |
| 141 | - | (Source: P.A. 102-785, eff. 1-1-23.) | |
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| 69 | + | SB3779 Enrolled - 3 - LRB103 37643 RTM 67770 b | |
| 70 | + | 1 work research, social welfare administration, or social work | |
| 71 | + | 2 education. Social casework and social group work may also | |
| 72 | + | 3 include clinical social work, as long as it is not conducted in | |
| 73 | + | 4 an independent practice, as defined in this Section. | |
| 74 | + | 5 10. "Address of record" means the address recorded by the | |
| 75 | + | 6 Department in the applicant's application file or the | |
| 76 | + | 7 licensee's license file, as maintained by the Department's | |
| 77 | + | 8 licensure maintenance unit. | |
| 78 | + | 9 11. "Email address of record" means the designated email | |
| 79 | + | 10 address recorded by the Department in the applicant's | |
| 80 | + | 11 application file or the licensee's license file, as maintained | |
| 81 | + | 12 by the Department's licensure maintenance unit. | |
| 82 | + | 13 (Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.) | |
| 83 | + | 14 (225 ILCS 20/4) (from Ch. 111, par. 6354) | |
| 84 | + | 15 (Section scheduled to be repealed on January 1, 2028) | |
| 85 | + | 16 Sec. 4. Exemptions. | |
| 86 | + | 17 1. This Act does not prohibit any of the following: | |
| 87 | + | 18 (a) Any persons legally regulated in this State under | |
| 88 | + | 19 any other Act from engaging in the practice for which they | |
| 89 | + | 20 are authorized, provided that they do not represent | |
| 90 | + | 21 themselves by any title as being engaged in the | |
| 91 | + | 22 independent practice of clinical social work or the | |
| 92 | + | 23 practice of social work as defined in this Act, nor does it | |
| 93 | + | 24 prohibit the practice of nonregulated professions whose | |
| 94 | + | 25 practitioners are engaged in the delivery of human | |
| 142 | 95 | ||
| 143 | 96 | ||
| 144 | - | (225 ILCS 20/4.5 new) | |
| 145 | - | Sec. 4.5. Opioid antagonists. | |
| 146 | - | (a) A licensed clinical social worker or licensed social | |
| 147 | - | worker may possess and administer opioid antagonists in the | |
| 148 | - | licensed clinical social worker's or licensed social worker's | |
| 149 | - | professional capacity. | |
| 150 | - | (b) If a person employs a licensed clinical social worker | |
| 151 | - | or licensed social worker and the licensed clinical social | |
| 152 | - | worker or licensed social worker possess an opioid antagonist | |
| 153 | - | in a professional capacity, then the employer must: | |
| 154 | - | (1) provide training in the administration of opioid | |
| 155 | - | antagonists; and | |
| 156 | - | (2) establish a policy to control the acquisition, | |
| 157 | - | storage, transportation, and administration of opioid | |
| 158 | - | antagonists. | |
| 159 | - | (225 ILCS 20/6) (from Ch. 111, par. 6356) | |
| 160 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 161 | - | Sec. 6. Social Work Examining and Disciplinary Board. | |
| 162 | - | (1) The Secretary shall appoint a Social Work Examining | |
| 163 | - | and Disciplinary Board consisting of 9 persons who shall serve | |
| 164 | - | in an advisory capacity to the Secretary. The Board shall be | |
| 165 | - | composed of 6 licensed clinical social workers, one of whom | |
| 166 | - | shall be employed in a public human service agency, one of whom | |
| 167 | - | shall be a certified school social worker, one of whom shall be | |
| 168 | 97 | ||
| 169 | 98 | ||
| 170 | - | employed in the private not-for-profit sector and one of whom | |
| 171 | - | shall serve as the chairperson, 2 licensed social workers, and | |
| 172 | - | one member of the public who is not regulated under this Act or | |
| 173 | - | a similar Act and who clearly represents consumer interests. | |
| 174 | - | (2) Members shall serve for a term of 4 years each, except | |
| 175 | - | that any person chosen to fill a vacancy shall be appointed | |
| 176 | - | only for the unexpired term of the Board member whom the person | |
| 177 | - | he or she shall succeed. Upon the expiration of this term of | |
| 178 | - | office, a Board member shall continue to serve until a | |
| 179 | - | successor is appointed and qualified. No member shall serve | |
| 180 | - | more than 2 consecutive 4-year terms. | |
| 181 | - | (3) The membership of the Board should represent racial | |
| 182 | - | and cultural diversity and reasonably reflect representation | |
| 183 | - | from different geographic areas of Illinois. | |
| 184 | - | (4) The Secretary may terminate the appointment of any | |
| 185 | - | member for cause. | |
| 186 | - | (5) The Secretary may consider the recommendation of the | |
| 187 | - | Board on all matters and questions relating to this Act, such | |
| 188 | - | as: (i) matters relating to continuing education, including | |
| 189 | - | the number of hours necessary for license renewal, waivers for | |
| 190 | - | those unable to meet such requirements, and acceptable course | |
| 191 | - | content and (ii) rules for administration of this Act. | |
| 192 | - | (6) (Blank). | |
| 193 | - | (7) (Blank). | |
| 194 | - | (8) The Board shall annually elect one of its members as | |
| 195 | - | chairperson and one as vice chairperson. | |
| 99 | + | ||
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| 196 | 101 | ||
| 197 | 102 | ||
| 198 | - | (9) Members of the Board shall be reimbursed for all | |
| 199 | - | legitimate, necessary, and authorized expenses. | |
| 200 | - | (10) A majority of the Board members currently appointed | |
| 201 | - | shall constitute a quorum. A vacancy in the membership of the | |
| 202 | - | Board shall not impair the right of a quorum to perform all of | |
| 203 | - | the duties of the Board. | |
| 204 | - | (11) Members of the Board shall have no liability in an | |
| 205 | - | action based upon a disciplinary proceeding or other activity | |
| 206 | - | performed in good faith as a member of the Board. | |
| 207 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 208 | - | (225 ILCS 20/8.2) | |
| 209 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 210 | - | Sec. 8.2. Examination alternative. | |
| 211 | - | (a) An applicant who, on or after January 1, 2019 the | |
| 212 | - | effective date of this amendatory Act of the 103rd General | |
| 213 | - | Assembly or within 5 years before the effective date of this | |
| 214 | - | amendatory Act of the 103rd General Assembly, has taken but | |
| 215 | - | has not successfully completed an examination to ascertain the | |
| 216 | - | qualifications and fitness of candidates for a license to | |
| 217 | - | engage in the independent practice of clinical social work may | |
| 218 | - | use an examination alternative to allow the Department to | |
| 219 | - | ascertain the qualifications and fitness of candidates for a | |
| 220 | - | license to engage in the independent practice of clinical | |
| 221 | - | social work. | |
| 222 | - | (b) The examination alternative shall consist of at least | |
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| 104 | + | SB3779 Enrolled - 4 - LRB103 37643 RTM 67770 b | |
| 105 | + | 1 services, provided such practitioners do not represent | |
| 106 | + | 2 themselves as or use the title of clinical social worker | |
| 107 | + | 3 or social worker. | |
| 108 | + | 4 (b) The practice of clinical social work or social | |
| 109 | + | 5 work by a person who is employed by the United States | |
| 110 | + | 6 government or by the State of Illinois, unit of local | |
| 111 | + | 7 government or any bureau, division or agency thereof while | |
| 112 | + | 8 in the discharge of the employee's official duties. | |
| 113 | + | 9 Clinical social workers employed by the State of Illinois | |
| 114 | + | 10 who are hired after the effective date of this amendatory | |
| 115 | + | 11 Act of 1994 shall hold a valid license, issued by this | |
| 116 | + | 12 State, to practice as a licensed clinical social worker, | |
| 117 | + | 13 except for those clinical social workers employed by the | |
| 118 | + | 14 State who obtain their positions through promotion. | |
| 119 | + | 15 (c) The practice of a student pursuing a course of | |
| 120 | + | 16 professional education under the terms of this Act, if | |
| 121 | + | 17 these activities and services constitute a part of such | |
| 122 | + | 18 student's supervised course of study. | |
| 123 | + | 19 (d) A person from practicing social work if the person | |
| 124 | + | 20 is obtaining experience for licensure as a clinical social | |
| 125 | + | 21 worker or social worker, provided the person is designated | |
| 126 | + | 22 by a title that clearly indicates training status. | |
| 127 | + | 23 (e) A person, who is not a resident of this State, from | |
| 128 | + | 24 performing social work via telehealth in this State for a | |
| 129 | + | 25 nonresident of this State for not more than 5 days in any | |
| 130 | + | 26 one month or more than 15 days in any one calendar year, | |
| 223 | 131 | ||
| 224 | 132 | ||
| 225 | - | 3,000 hours of supervised professional experience that is | |
| 226 | - | obtained within the 10 calendar years immediately preceding | |
| 227 | - | the date of application and after the degree is obtained and | |
| 228 | - | between the time period starting 10 years before the date of | |
| 229 | - | application and ending 3 years after the date of application | |
| 230 | - | as established by rule. If no supervision by a licensed | |
| 231 | - | clinical social worker is available, then supervised | |
| 232 | - | professional experience may include supervision by other | |
| 233 | - | appropriate disciplines as defined by rule. | |
| 234 | - | (c) The examination alternative supervised professional | |
| 235 | - | experience shall be in addition to any other supervised | |
| 236 | - | clinical professional experience required for licensure. | |
| 237 | - | (d) Beginning January 1, 2026, an applicant acquiring the | |
| 238 | - | examination alternative supervised professional experience | |
| 239 | - | must be a licensed social worker or licensed in this State for | |
| 240 | - | the practice of school social work prior to acquiring the | |
| 241 | - | supervised professional experience. | |
| 242 | - | (Source: P.A. 103-433, eff. 1-1-24.) | |
| 243 | - | (225 ILCS 20/10) (from Ch. 111, par. 6360) | |
| 244 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 245 | - | Sec. 10. License restrictions and limitations. | |
| 246 | - | (a) No person shall, without a currently valid license as | |
| 247 | - | a social worker issued by the Department: (i) in any manner | |
| 248 | - | claim to be hold himself or herself out to the public as a | |
| 249 | - | social worker under this Act; (ii) use the title "social | |
| 250 | 133 | ||
| 251 | 134 | ||
| 252 | - | worker" or "licensed social worker"; or (iii) offer to render | |
| 253 | - | social work services if the words "social work" or "licensed | |
| 254 | - | social worker" are used to describe the person offering to | |
| 255 | - | render or rendering the services or to describe the services | |
| 256 | - | rendered or offered to be rendered. | |
| 257 | - | (b) No person shall, without a currently valid license as | |
| 258 | - | a clinical social worker issued by the Department: (i) in any | |
| 259 | - | manner claim to be hold himself or herself out to the public as | |
| 260 | - | a clinical social worker or licensed clinical social worker | |
| 261 | - | under this Act; (ii) use the title "clinical social worker" or | |
| 262 | - | "licensed clinical social worker"; or (iii) offer to render | |
| 263 | - | clinical social work services if the words "licensed clinical | |
| 264 | - | social worker" or "clinical social work" are used to describe | |
| 265 | - | the person to render or rendering the services or to describe | |
| 266 | - | the services rendered or offered to be rendered. | |
| 267 | - | (c) Licensed social workers may not engage in independent | |
| 268 | - | practice of clinical social work without a clinical social | |
| 269 | - | worker license. In independent practice, a licensed social | |
| 270 | - | worker shall practice at all times under the order, control, | |
| 271 | - | and full professional responsibility of a licensed clinical | |
| 272 | - | social worker, a licensed clinical psychologist, a licensed | |
| 273 | - | clinical professional counselor, a licensed marriage and | |
| 274 | - | family therapist, or a psychiatrist, as defined in Section | |
| 275 | - | 1-121 of the Mental Health and Developmental Disabilities | |
| 276 | - | Code. | |
| 277 | - | (d) No business organization shall provide, attempt to | |
| 135 | + | ||
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| 278 | 137 | ||
| 279 | 138 | ||
| 280 | - | provide, or offer to provide social work or clinical social | |
| 281 | - | work services unless every member, shareholder, partner, | |
| 282 | - | director, officer, holder of any other ownership interest, and | |
| 283 | - | employee who renders social work or clinical social work | |
| 284 | - | services holds a currently valid license issued under this | |
| 285 | - | Act. No business shall be created that (1) has a stated purpose | |
| 286 | - | that includes social work or clinical social work, or (2) | |
| 287 | - | provides, attempts to provide, or offers to provide social | |
| 288 | - | work or clinical social work services unless it is organized | |
| 289 | - | under the Professional Service Corporation Act, the Medical | |
| 290 | - | Corporation Act, or the Professional Limited Liability Company | |
| 291 | - | Act. | |
| 292 | - | (e) Nothing in this Act shall preclude individuals | |
| 293 | - | licensed under this Act from practicing directly or indirectly | |
| 294 | - | for a physician licensed to practice medicine in all its | |
| 295 | - | branches under the Medical Practice Act of 1987 or for any | |
| 296 | - | legal entity as provided under subsection (c) of Section 22.2 | |
| 297 | - | of the Medical Practice Act of 1987. | |
| 298 | - | (f) Nothing in this Act shall preclude individuals | |
| 299 | - | licensed under this Act from practicing directly or indirectly | |
| 300 | - | for any hospital licensed under the Hospital Licensing Act or | |
| 301 | - | any hospital affiliate as defined in Section 10.8 of the | |
| 302 | - | Hospital Licensing Act and any hospital authorized under the | |
| 303 | - | University of Illinois Hospital Act. | |
| 304 | - | (Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.) | |
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| 141 | + | 1 had a previous established therapeutic relationship with | |
| 142 | + | 2 the nonresident, and the person is authorized to perform | |
| 143 | + | 3 such services under the laws of the state or country in | |
| 144 | + | 4 which the person resides. | |
| 145 | + | 5 (f) A person, who is not a resident of this State, from | |
| 146 | + | 6 performing social work via telehealth in this State for a | |
| 147 | + | 7 nonresident of this State currently attending a university | |
| 148 | + | 8 or college in this State, had a previous established | |
| 149 | + | 9 therapeutic relationship with the nonresident, and the | |
| 150 | + | 10 person is authorized to perform such services under the | |
| 151 | + | 11 laws of the state or country in which the person resides. | |
| 152 | + | 12 2. Nothing in this Act shall be construed to apply to any | |
| 153 | + | 13 person engaged in the bona fide practice of religious ministry | |
| 154 | + | 14 provided the person does not claim hold himself out to be | |
| 155 | + | 15 engaged in the independent practice of clinical social work or | |
| 156 | + | 16 the practice of social work. | |
| 157 | + | 17 3. This Act does not prohibit a person serving as a | |
| 158 | + | 18 volunteer so long as no representation prohibited by this | |
| 159 | + | 19 Section is made. | |
| 160 | + | 20 4. Nothing contained in this Act shall be construed to | |
| 161 | + | 21 require any hospital, clinic, home health agency, hospice, or | |
| 162 | + | 22 other entity which provides health care to employ or to | |
| 163 | + | 23 contract with a licensed clinical social worker to provide | |
| 164 | + | 24 clinical social work practice or the independent practice of | |
| 165 | + | 25 clinical social work as described in this Act. | |
| 166 | + | 26 (Source: P.A. 102-785, eff. 1-1-23.) | |
| 305 | 167 | ||
| 306 | 168 | ||
| 307 | - | (225 ILCS 20/10.5) | |
| 308 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 309 | - | Sec. 10.5. Unlicensed practice; violation; civil penalty. | |
| 310 | - | (a) Any person who practices, offers to practice, attempts | |
| 311 | - | to practice, or claims holds himself or herself out to | |
| 312 | - | practice as a clinical social worker or social worker without | |
| 313 | - | being licensed or exempt under this Act shall, in addition to | |
| 314 | - | any other penalty provided by law, pay a civil penalty to the | |
| 315 | - | Department in an amount not to exceed $10,000 for each | |
| 316 | - | offense, as determined by the Department. The civil penalty | |
| 317 | - | shall be assessed by the Department after a hearing is held in | |
| 318 | - | accordance with the provisions set forth in this Act regarding | |
| 319 | - | the provision of a hearing for the discipline of a licensee. | |
| 320 | - | (b) The Department may investigate any actual, alleged, or | |
| 321 | - | suspected unlicensed activity. | |
| 322 | - | (c) The civil penalty shall be paid within 60 days after | |
| 323 | - | the effective date of the order imposing the civil penalty. | |
| 324 | - | The order shall constitute a judgment and may be filed and | |
| 325 | - | execution had thereon in the same manner as any judgment from | |
| 326 | - | any court of record. | |
| 327 | - | (Source: P.A. 95-687, eff. 10-23-07.) | |
| 328 | - | (225 ILCS 20/11) (from Ch. 111, par. 6361) | |
| 329 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 330 | - | Sec. 11. Licenses; renewal; restoration; person in | |
| 331 | - | military service; inactive status. | |
| 332 | 169 | ||
| 333 | 170 | ||
| 334 | - | (a) The expiration date and renewal period for each | |
| 335 | - | license issued under this Act shall be set by rule. The | |
| 336 | - | licensee may renew a license during the 60-day period | |
| 337 | - | preceding its expiration date by paying the required fee and | |
| 338 | - | by demonstrating compliance with any continuing education | |
| 339 | - | requirements. The Department shall adopt rules establishing | |
| 340 | - | minimum requirements of continuing education and means for | |
| 341 | - | verification of the completion of the continuing education | |
| 342 | - | requirements. The Department may, by rule, specify | |
| 343 | - | circumstances under which the continuing education | |
| 344 | - | requirements may be waived. | |
| 345 | - | (b) Any person who has permitted a license to expire or who | |
| 346 | - | has a license on inactive status may have it restored by | |
| 347 | - | submitting an application to the Department and filing proof | |
| 348 | - | of fitness, as defined by rule, to have the license restored, | |
| 349 | - | including, if appropriate, evidence which is satisfactory to | |
| 350 | - | the Department certifying the active practice of clinical | |
| 351 | - | social work or social work in another jurisdiction and by | |
| 352 | - | paying the required fee. | |
| 353 | - | (b-5) If the person has not maintained an active practice | |
| 354 | - | in another jurisdiction which is satisfactory to the | |
| 355 | - | Department, the Department shall determine the person's | |
| 356 | - | fitness to resume active status. The Department may also | |
| 357 | - | require the person to complete a specific period of evaluated | |
| 358 | - | clinical social work or social work experience and may require | |
| 359 | - | successful completion of an examination for clinical social | |
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| 177 | + | 1 (225 ILCS 20/4.5 new) | |
| 178 | + | 2 Sec. 4.5. Opioid antagonists. | |
| 179 | + | 3 (a) A licensed clinical social worker or licensed social | |
| 180 | + | 4 worker may possess and administer opioid antagonists in the | |
| 181 | + | 5 licensed clinical social worker's or licensed social worker's | |
| 182 | + | 6 professional capacity. | |
| 183 | + | 7 (b) If a person employs a licensed clinical social worker | |
| 184 | + | 8 or licensed social worker and the licensed clinical social | |
| 185 | + | 9 worker or licensed social worker possess an opioid antagonist | |
| 186 | + | 10 in a professional capacity, then the employer must: | |
| 187 | + | 11 (1) provide training in the administration of opioid | |
| 188 | + | 12 antagonists; and | |
| 189 | + | 13 (2) establish a policy to control the acquisition, | |
| 190 | + | 14 storage, transportation, and administration of opioid | |
| 191 | + | 15 antagonists. | |
| 192 | + | 16 (225 ILCS 20/6) (from Ch. 111, par. 6356) | |
| 193 | + | 17 (Section scheduled to be repealed on January 1, 2028) | |
| 194 | + | 18 Sec. 6. Social Work Examining and Disciplinary Board. | |
| 195 | + | 19 (1) The Secretary shall appoint a Social Work Examining | |
| 196 | + | 20 and Disciplinary Board consisting of 9 persons who shall serve | |
| 197 | + | 21 in an advisory capacity to the Secretary. The Board shall be | |
| 198 | + | 22 composed of 6 licensed clinical social workers, one of whom | |
| 199 | + | 23 shall be employed in a public human service agency, one of whom | |
| 200 | + | 24 shall be a certified school social worker, one of whom shall be | |
| 388 | 201 | ||
| 389 | 202 | ||
| 390 | - | worker who has had no disciplinary action taken against the | |
| 391 | - | licensed clinical social worker's his or her license in this | |
| 392 | - | State or in any other jurisdiction during the entire period of | |
| 393 | - | licensure: proof of fitness, certification of active practice | |
| 394 | - | in another jurisdiction, and the payment of a fee or renewal | |
| 395 | - | fee. An individual may not restore the individual's his or her | |
| 396 | - | license in accordance with this subsection more than once. | |
| 397 | - | (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.) | |
| 398 | - | (225 ILCS 20/12.5) | |
| 399 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 400 | - | Sec. 12.5. Endorsement. The Department may issue a license | |
| 401 | - | as a clinical social worker or as a social worker, without the | |
| 402 | - | required examination, to an applicant licensed under the laws | |
| 403 | - | of another jurisdiction if the requirements for licensure in | |
| 404 | - | that jurisdiction are, on the date of licensure, substantially | |
| 405 | - | equivalent to the requirements of this Act or to any person | |
| 406 | - | who, at the time of the person's his or her licensure, | |
| 407 | - | possessed individual qualifications that were substantially | |
| 408 | - | equivalent to the requirements then in force in this State. An | |
| 409 | - | applicant under this Section shall pay the required fees. | |
| 410 | - | An individual applying for licensure as a clinical social | |
| 411 | - | worker who has been licensed at the independent level in | |
| 412 | - | another United States jurisdiction for 5 consecutive years | |
| 413 | - | without discipline is not required to submit proof of | |
| 414 | - | completion of the education and supervised clinical | |
| 415 | 203 | ||
| 416 | 204 | ||
| 417 | - | professional experience required in paragraph (3) of Section | |
| 418 | - | 9. Individuals with 5 consecutive years of experience must | |
| 419 | - | submit certified verification of licensure from the | |
| 420 | - | jurisdiction in which the applicant practiced and must comply | |
| 421 | - | with all other licensing requirements and pay all required | |
| 422 | - | fees. | |
| 423 | - | If the accuracy of any submitted documentation or the | |
| 424 | - | relevance or sufficiency of the course work or experience is | |
| 425 | - | questioned by the Department or the Board because of a lack of | |
| 426 | - | information, discrepancies or conflicts in information given, | |
| 427 | - | or a need for clarification, the applicant seeking licensure | |
| 428 | - | may be required to provide additional information. | |
| 429 | - | An applicant has 3 years from the date of application to | |
| 430 | - | complete the application process. If the process has not been | |
| 431 | - | completed within 3 years, the application shall be denied, the | |
| 432 | - | fee shall be forfeited, and the applicant must reapply and | |
| 433 | - | meet the requirements in effect at the time of reapplication. | |
| 434 | - | (Source: P.A. 102-1053, eff. 6-10-22.) | |
| 435 | - | (225 ILCS 20/14) (from Ch. 111, par. 6364) | |
| 436 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 437 | - | Sec. 14. Checks or order to Department dishonored because | |
| 438 | - | of insufficient funds. Any person who delivers a check or | |
| 439 | - | other payment to the Department that is returned to the | |
| 440 | - | Department unpaid by the financial institution upon which it | |
| 441 | - | is drawn shall pay to the Department, in addition to the amount | |
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| 442 | 207 | ||
| 443 | 208 | ||
| 444 | - | already owed to the Department, a fine of $50. The fines | |
| 445 | - | imposed by this Section are in addition to any other | |
| 446 | - | discipline provided under this Act for unlicensed practice or | |
| 447 | - | practice on a nonrenewed license. The Department shall notify | |
| 448 | - | the person that payment of fees and fines shall be paid to the | |
| 449 | - | Department by certified check or money order within 30 | |
| 450 | - | calendar days of the notification. If, after the expiration of | |
| 451 | - | 30 days from the date of the notification, the person has | |
| 452 | - | failed to submit the necessary remittance, the Department | |
| 453 | - | shall automatically terminate the license or deny the | |
| 454 | - | application, without hearing. If, after termination or denial, | |
| 455 | - | the person seeks a license, then the person he or she shall | |
| 456 | - | apply to the Department for restoration or issuance of the | |
| 457 | - | license and pay all fees and fines due to the Department. The | |
| 458 | - | Department may establish a fee for the processing of an | |
| 459 | - | application for restoration of a license to pay all expenses | |
| 460 | - | of processing this application. The Secretary may waive the | |
| 461 | - | fines due under this Section in individual cases where the | |
| 462 | - | Secretary finds that the fines would be unreasonable or | |
| 463 | - | unnecessarily burdensome. | |
| 464 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 465 | - | (225 ILCS 20/17) (from Ch. 111, par. 6367) | |
| 466 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 467 | - | Sec. 17. Advertising. | |
| 468 | - | (A) Persons licensed under this Act may advertise the | |
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| 211 | + | 1 employed in the private not-for-profit sector and one of whom | |
| 212 | + | 2 shall serve as the chairperson, 2 licensed social workers, and | |
| 213 | + | 3 one member of the public who is not regulated under this Act or | |
| 214 | + | 4 a similar Act and who clearly represents consumer interests. | |
| 215 | + | 5 (2) Members shall serve for a term of 4 years each, except | |
| 216 | + | 6 that any person chosen to fill a vacancy shall be appointed | |
| 217 | + | 7 only for the unexpired term of the Board member whom the person | |
| 218 | + | 8 he or she shall succeed. Upon the expiration of this term of | |
| 219 | + | 9 office, a Board member shall continue to serve until a | |
| 220 | + | 10 successor is appointed and qualified. No member shall serve | |
| 221 | + | 11 more than 2 consecutive 4-year terms. | |
| 222 | + | 12 (3) The membership of the Board should represent racial | |
| 223 | + | 13 and cultural diversity and reasonably reflect representation | |
| 224 | + | 14 from different geographic areas of Illinois. | |
| 225 | + | 15 (4) The Secretary may terminate the appointment of any | |
| 226 | + | 16 member for cause. | |
| 227 | + | 17 (5) The Secretary may consider the recommendation of the | |
| 228 | + | 18 Board on all matters and questions relating to this Act, such | |
| 229 | + | 19 as: (i) matters relating to continuing education, including | |
| 230 | + | 20 the number of hours necessary for license renewal, waivers for | |
| 231 | + | 21 those unable to meet such requirements, and acceptable course | |
| 232 | + | 22 content and (ii) rules for administration of this Act. | |
| 233 | + | 23 (6) (Blank). | |
| 234 | + | 24 (7) (Blank). | |
| 235 | + | 25 (8) The Board shall annually elect one of its members as | |
| 236 | + | 26 chairperson and one as vice chairperson. | |
| 469 | 237 | ||
| 470 | 238 | ||
| 471 | - | availability of their professional services as permitted by | |
| 472 | - | law, provided that such advertising is true and not | |
| 473 | - | misleading. Representing that social work services or clinical | |
| 474 | - | social work services are used or made available by individuals | |
| 475 | - | who are not licensed under the provisions of this Act is deemed | |
| 476 | - | to be false and misleading and is subject to the provisions of | |
| 477 | - | Section 35 of this Act. | |
| 478 | - | (B) A licensee shall include in every advertisement for | |
| 479 | - | services regulated under this Act the licensee's his or her | |
| 480 | - | title as it appears on the license or the initials authorized | |
| 481 | - | under this Act. | |
| 482 | - | (Source: P.A. 91-310, eff. 1-1-00.) | |
| 483 | - | (225 ILCS 20/19) (from Ch. 111, par. 6369) | |
| 484 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 485 | - | Sec. 19. Grounds for disciplinary action. | |
| 486 | - | (1) The Department may refuse to issue or renew a license, | |
| 487 | - | or may suspend, revoke, place on probation, reprimand, or take | |
| 488 | - | any other disciplinary or non-disciplinary action deemed | |
| 489 | - | appropriate by the Department, including the imposition of | |
| 490 | - | fines not to exceed $10,000 for each violation, with regard to | |
| 491 | - | any license issued under the provisions of this Act for any one | |
| 492 | - | or a combination of the following grounds: | |
| 493 | - | (a) material misstatements in furnishing information | |
| 494 | - | to the Department or to any other State agency or in | |
| 495 | - | furnishing information to any insurance company with | |
| 496 | 239 | ||
| 497 | 240 | ||
| 498 | - | respect to a claim on behalf of a licensee or a patient; | |
| 499 | - | (b) violations or negligent or intentional disregard | |
| 500 | - | of this Act, or any of the rules promulgated hereunder; | |
| 501 | - | (c) conviction of or entry of a plea of guilty or nolo | |
| 502 | - | contendere, finding of guilt, jury verdict, or entry of | |
| 503 | - | judgment or sentencing, including, but not limited to, | |
| 504 | - | convictions, preceding sentences of supervision, | |
| 505 | - | conditional discharge, or first offender probation, under | |
| 506 | - | the laws of any jurisdiction of the United States that is | |
| 507 | - | (i) a felony or (ii) a misdemeanor, an essential element | |
| 508 | - | of which is dishonesty, or that is directly related to the | |
| 509 | - | practice of the clinical social work or social work | |
| 510 | - | professions; | |
| 511 | - | (d) fraud or misrepresentation in applying for or | |
| 512 | - | procuring a license under this Act or in connection with | |
| 513 | - | applying for renewal or restoration of a license under | |
| 514 | - | this Act; | |
| 515 | - | (e) professional incompetence; | |
| 516 | - | (f) gross negligence in practice under this Act; | |
| 517 | - | (g) aiding or assisting another person in violating | |
| 518 | - | any provision of this Act or its rules; | |
| 519 | - | (h) failing to provide information within 60 days in | |
| 520 | - | response to a written request made by the Department; | |
| 521 | - | (i) engaging in dishonorable, unethical or | |
| 522 | - | unprofessional conduct of a character likely to deceive, | |
| 523 | - | defraud or harm the public as defined by the rules of the | |
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| 524 | 243 | ||
| 525 | 244 | ||
| 526 | - | Department, or violating the rules of professional conduct | |
| 527 | - | adopted by the Department; | |
| 528 | - | (j) habitual or excessive use or abuse of drugs | |
| 529 | - | defined in law as controlled substances, of alcohol, or of | |
| 530 | - | any other substances that results in the inability to | |
| 531 | - | practice with reasonable judgment, skill, or safety; | |
| 532 | - | (k) adverse action taken by another state or | |
| 533 | - | jurisdiction, if at least one of the grounds for the | |
| 534 | - | discipline is the same or substantially equivalent to | |
| 535 | - | those set forth in this Section; | |
| 536 | - | (l) directly or indirectly giving to or receiving from | |
| 537 | - | any person, firm, corporation, partnership, or association | |
| 538 | - | any fee, commission, rebate or other form of compensation | |
| 539 | - | for any professional service not actually rendered. | |
| 540 | - | Nothing in this paragraph (l) affects any bona fide | |
| 541 | - | independent contractor or employment arrangements among | |
| 542 | - | health care professionals, health facilities, health care | |
| 543 | - | providers, or other entities, except as otherwise | |
| 544 | - | prohibited by law. Any employment arrangements may include | |
| 545 | - | provisions for compensation, health insurance, pension, or | |
| 546 | - | other employment benefits for the provision of services | |
| 547 | - | within the scope of the licensee's practice under this | |
| 548 | - | Act. Nothing in this paragraph (l) shall be construed to | |
| 549 | - | require an employment arrangement to receive professional | |
| 550 | - | fees for services rendered; | |
| 551 | - | (m) a finding by the Department that the licensee, | |
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| 247 | + | 1 (9) Members of the Board shall be reimbursed for all | |
| 248 | + | 2 legitimate, necessary, and authorized expenses. | |
| 249 | + | 3 (10) A majority of the Board members currently appointed | |
| 250 | + | 4 shall constitute a quorum. A vacancy in the membership of the | |
| 251 | + | 5 Board shall not impair the right of a quorum to perform all of | |
| 252 | + | 6 the duties of the Board. | |
| 253 | + | 7 (11) Members of the Board shall have no liability in an | |
| 254 | + | 8 action based upon a disciplinary proceeding or other activity | |
| 255 | + | 9 performed in good faith as a member of the Board. | |
| 256 | + | 10 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 257 | + | 11 (225 ILCS 20/8.2) | |
| 258 | + | 12 (Section scheduled to be repealed on January 1, 2028) | |
| 259 | + | 13 Sec. 8.2. Examination alternative. | |
| 260 | + | 14 (a) An applicant who, on or after January 1, 2019 the | |
| 261 | + | 15 effective date of this amendatory Act of the 103rd General | |
| 262 | + | 16 Assembly or within 5 years before the effective date of this | |
| 263 | + | 17 amendatory Act of the 103rd General Assembly, has taken but | |
| 264 | + | 18 has not successfully completed an examination to ascertain the | |
| 265 | + | 19 qualifications and fitness of candidates for a license to | |
| 266 | + | 20 engage in the independent practice of clinical social work may | |
| 267 | + | 21 use an examination alternative to allow the Department to | |
| 268 | + | 22 ascertain the qualifications and fitness of candidates for a | |
| 269 | + | 23 license to engage in the independent practice of clinical | |
| 270 | + | 24 social work. | |
| 271 | + | 25 (b) The examination alternative shall consist of at least | |
| 552 | 272 | ||
| 553 | 273 | ||
| 554 | - | after having the license placed on probationary status, | |
| 555 | - | has violated the terms of probation or failed to comply | |
| 556 | - | with such terms; | |
| 557 | - | (n) abandonment, without cause, of a client; | |
| 558 | - | (o) willfully making or filing false records or | |
| 559 | - | reports relating to a licensee's practice, including, but | |
| 560 | - | not limited to, false records filed with Federal or State | |
| 561 | - | agencies or departments; | |
| 562 | - | (p) willfully failing to report an instance of | |
| 563 | - | suspected child abuse or neglect as required by the Abused | |
| 564 | - | and Neglected Child Reporting Act; | |
| 565 | - | (q) being named as a perpetrator in an indicated | |
| 566 | - | report by the Department of Children and Family Services | |
| 567 | - | under the Abused and Neglected Child Reporting Act, and | |
| 568 | - | upon proof by clear and convincing evidence that the | |
| 569 | - | licensee has caused a child to be an abused child or | |
| 570 | - | neglected child as defined in the Abused and Neglected | |
| 571 | - | Child Reporting Act; | |
| 572 | - | (r) physical illness, mental illness, or any other | |
| 573 | - | impairment or disability, including, but not limited to, | |
| 574 | - | deterioration through the aging process, or loss of motor | |
| 575 | - | skills that results in the inability to practice the | |
| 576 | - | profession with reasonable judgment, skill or safety; | |
| 577 | - | (s) solicitation of professional services by using | |
| 578 | - | false or misleading advertising; | |
| 579 | - | (t) violation of the Health Care Worker Self-Referral | |
| 580 | 274 | ||
| 581 | 275 | ||
| 582 | - | Act; | |
| 583 | - | (u) willfully failing to report an instance of | |
| 584 | - | suspected abuse, neglect, financial exploitation, or | |
| 585 | - | self-neglect of an eligible adult as defined in and | |
| 586 | - | required by the Adult Protective Services Act; or | |
| 587 | - | (v) being named as an abuser in a verified report by | |
| 588 | - | the Department on Aging under the Adult Protective | |
| 589 | - | Services Act, and upon proof by clear and convincing | |
| 590 | - | evidence that the licensee abused, neglected, or | |
| 591 | - | financially exploited an eligible adult as defined in the | |
| 592 | - | Adult Protective Services Act. | |
| 593 | - | (2) (Blank). | |
| 594 | - | (3) The determination by a court that a licensee is | |
| 595 | - | subject to involuntary admission or judicial admission as | |
| 596 | - | provided in the Mental Health and Developmental Disabilities | |
| 597 | - | Code, will result in an automatic suspension of the licensee's | |
| 598 | - | his license. Such suspension will end upon a finding by a court | |
| 599 | - | that the licensee is no longer subject to involuntary | |
| 600 | - | admission or judicial admission and issues an order so finding | |
| 601 | - | and discharging the patient, and upon the recommendation of | |
| 602 | - | the Board to the Secretary that the licensee be allowed to | |
| 603 | - | resume professional practice. | |
| 604 | - | (4) The Department shall refuse to issue or renew or may | |
| 605 | - | suspend the license of a person who (i) fails to file a return, | |
| 606 | - | pay the tax, penalty, or interest shown in a filed return, or | |
| 607 | - | pay any final assessment of tax, penalty, or interest, as | |
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| 608 | 278 | ||
| 609 | 279 | ||
| 610 | - | required by any tax Act administered by the Department of | |
| 611 | - | Revenue, until the requirements of the tax Act are satisfied | |
| 612 | - | or (ii) has failed to pay any court-ordered child support as | |
| 613 | - | determined by a court order or by referral from the Department | |
| 614 | - | of Healthcare and Family Services. | |
| 615 | - | (4.5) The Department shall not revoke, suspend, summarily | |
| 616 | - | suspend, place on prohibition, reprimand, refuse to issue or | |
| 617 | - | renew, or take any other disciplinary or non-disciplinary | |
| 618 | - | action against a license or permit issued under this Act based | |
| 619 | - | solely upon the licensed clinical social worker authorizing, | |
| 620 | - | recommending, aiding, assisting, referring for, or otherwise | |
| 621 | - | participating in any health care service, so long as the care | |
| 622 | - | was not unlawful under the laws of this State, regardless of | |
| 623 | - | whether the patient was a resident of this State or another | |
| 624 | - | state. | |
| 625 | - | (4.10) The Department shall not revoke, suspend, summarily | |
| 626 | - | suspend, place on prohibition, reprimand, refuse to issue or | |
| 627 | - | renew, or take any other disciplinary or non-disciplinary | |
| 628 | - | action against the license or permit issued under this Act to | |
| 629 | - | practice as a licensed clinical social worker based upon the | |
| 630 | - | licensed clinical social worker's license being revoked or | |
| 631 | - | suspended, or the licensed clinical social worker being | |
| 632 | - | otherwise disciplined by any other state, if that revocation, | |
| 633 | - | suspension, or other form of discipline was based solely on | |
| 634 | - | the licensed clinical social worker violating another state's | |
| 635 | - | laws prohibiting the provision of, authorization of, | |
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| 282 | + | 1 3,000 hours of supervised professional experience that is | |
| 283 | + | 2 obtained within the 10 calendar years immediately preceding | |
| 284 | + | 3 the date of application and after the degree is obtained and | |
| 285 | + | 4 between the time period starting 10 years before the date of | |
| 286 | + | 5 application and ending 3 years after the date of application | |
| 287 | + | 6 as established by rule. If no supervision by a licensed | |
| 288 | + | 7 clinical social worker is available, then supervised | |
| 289 | + | 8 professional experience may include supervision by other | |
| 290 | + | 9 appropriate disciplines as defined by rule. | |
| 291 | + | 10 (c) The examination alternative supervised professional | |
| 292 | + | 11 experience shall be in addition to any other supervised | |
| 293 | + | 12 clinical professional experience required for licensure. | |
| 294 | + | 13 (d) Beginning January 1, 2026, an applicant acquiring the | |
| 295 | + | 14 examination alternative supervised professional experience | |
| 296 | + | 15 must be a licensed social worker or licensed in this State for | |
| 297 | + | 16 the practice of school social work prior to acquiring the | |
| 298 | + | 17 supervised professional experience. | |
| 299 | + | 18 (Source: P.A. 103-433, eff. 1-1-24.) | |
| 300 | + | 19 (225 ILCS 20/10) (from Ch. 111, par. 6360) | |
| 301 | + | 20 (Section scheduled to be repealed on January 1, 2028) | |
| 302 | + | 21 Sec. 10. License restrictions and limitations. | |
| 303 | + | 22 (a) No person shall, without a currently valid license as | |
| 304 | + | 23 a social worker issued by the Department: (i) in any manner | |
| 305 | + | 24 claim to be hold himself or herself out to the public as a | |
| 306 | + | 25 social worker under this Act; (ii) use the title "social | |
| 636 | 307 | ||
| 637 | 308 | ||
| 638 | - | recommendation of, aiding or assisting in, referring for, or | |
| 639 | - | participation in any health care service if that health care | |
| 640 | - | service as provided would not have been unlawful under the | |
| 641 | - | laws of this State and is consistent with the standards of | |
| 642 | - | conduct for a licensed clinical social worker practicing in | |
| 643 | - | Illinois. | |
| 644 | - | (4.15) The conduct specified in subsections (4.5) and | |
| 645 | - | (4.10) shall not constitute grounds for suspension under | |
| 646 | - | Section 32. | |
| 647 | - | (4.20) An applicant seeking licensure, certification, or | |
| 648 | - | authorization pursuant to this Act who has been subject to | |
| 649 | - | disciplinary action by a duly authorized professional | |
| 650 | - | disciplinary agency of another jurisdiction solely on the | |
| 651 | - | basis of having authorized, recommended, aided, assisted, | |
| 652 | - | referred for, or otherwise participated in health care shall | |
| 653 | - | not be denied such licensure, certification, or authorization, | |
| 654 | - | unless the Department determines that such action would have | |
| 655 | - | constituted professional misconduct in this State; however, | |
| 656 | - | nothing in this Section shall be construed as prohibiting the | |
| 657 | - | Department from evaluating the conduct of such applicant and | |
| 658 | - | making a determination regarding the licensure, certification, | |
| 659 | - | or authorization to practice a profession under this Act. | |
| 660 | - | (5)(a) In enforcing this Section, the Department or Board, | |
| 661 | - | upon a showing of a possible violation, may compel a person | |
| 662 | - | licensed to practice under this Act, or who has applied for | |
| 663 | - | licensure under this Act, to submit to a mental or physical | |
| 664 | 309 | ||
| 665 | 310 | ||
| 666 | - | examination, or both, which may include a substance abuse or | |
| 667 | - | sexual offender evaluation, as required by and at the expense | |
| 668 | - | of the Department. | |
| 669 | - | (b) The Department shall specifically designate the | |
| 670 | - | examining physician licensed to practice medicine in all of | |
| 671 | - | its branches or, if applicable, the multidisciplinary team | |
| 672 | - | involved in providing the mental or physical examination or | |
| 673 | - | both. The multidisciplinary team shall be led by a physician | |
| 674 | - | licensed to practice medicine in all of its branches and may | |
| 675 | - | consist of one or more or a combination of physicians licensed | |
| 676 | - | to practice medicine in all of its branches, licensed clinical | |
| 677 | - | psychologists, licensed clinical social workers, licensed | |
| 678 | - | clinical professional counselors, and other professional and | |
| 679 | - | administrative staff. Any examining physician or member of the | |
| 680 | - | multidisciplinary team may require any person ordered to | |
| 681 | - | submit to an examination pursuant to this Section to submit to | |
| 682 | - | any additional supplemental testing deemed necessary to | |
| 683 | - | complete any examination or evaluation process, including, but | |
| 684 | - | not limited to, blood testing, urinalysis, psychological | |
| 685 | - | testing, or neuropsychological testing. | |
| 686 | - | (c) The Board or the Department may order the examining | |
| 687 | - | physician or any member of the multidisciplinary team to | |
| 688 | - | present testimony concerning this mental or physical | |
| 689 | - | examination of the licensee or applicant. No information, | |
| 690 | - | report, record, or other documents in any way related to the | |
| 691 | - | examination shall be excluded by reason of any common law or | |
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| 692 | 313 | ||
| 693 | 314 | ||
| 694 | - | statutory privilege relating to communications between the | |
| 695 | - | licensee or applicant and the examining physician or any | |
| 696 | - | member of the multidisciplinary team. No authorization is | |
| 697 | - | necessary from the licensee or applicant ordered to undergo an | |
| 698 | - | examination for the examining physician or any member of the | |
| 699 | - | multidisciplinary team to provide information, reports, | |
| 700 | - | records, or other documents or to provide any testimony | |
| 701 | - | regarding the examination and evaluation. | |
| 702 | - | (d) The person to be examined may have, at the person's his | |
| 703 | - | or her own expense, another physician of the person's his or | |
| 704 | - | her choice present during all aspects of the examination. | |
| 705 | - | However, that physician shall be present only to observe and | |
| 706 | - | may not interfere in any way with the examination. | |
| 707 | - | (e) Failure of any person to submit to a mental or physical | |
| 708 | - | examination without reasonable cause, when ordered, shall | |
| 709 | - | result in an automatic suspension of the person's his or her | |
| 710 | - | license until the person submits to the examination. | |
| 711 | - | (f) If the Department or Board finds a person unable to | |
| 712 | - | practice because of the reasons set forth in this Section, the | |
| 713 | - | Department or Board may require that person to submit to care, | |
| 714 | - | counseling, or treatment by physicians approved or designated | |
| 715 | - | by the Department or Board, as a condition, term, or | |
| 716 | - | restriction for continued, reinstated, or renewed licensure to | |
| 717 | - | practice; or, in lieu of care, counseling or treatment, the | |
| 718 | - | Department may file, or the Board may recommend to the | |
| 719 | - | Department to file, a complaint to immediately suspend, | |
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| 317 | + | 1 worker" or "licensed social worker"; or (iii) offer to render | |
| 318 | + | 2 social work services if the words "social work" or "licensed | |
| 319 | + | 3 social worker" are used to describe the person offering to | |
| 320 | + | 4 render or rendering the services or to describe the services | |
| 321 | + | 5 rendered or offered to be rendered. | |
| 322 | + | 6 (b) No person shall, without a currently valid license as | |
| 323 | + | 7 a clinical social worker issued by the Department: (i) in any | |
| 324 | + | 8 manner claim to be hold himself or herself out to the public as | |
| 325 | + | 9 a clinical social worker or licensed clinical social worker | |
| 326 | + | 10 under this Act; (ii) use the title "clinical social worker" or | |
| 327 | + | 11 "licensed clinical social worker"; or (iii) offer to render | |
| 328 | + | 12 clinical social work services if the words "licensed clinical | |
| 329 | + | 13 social worker" or "clinical social work" are used to describe | |
| 330 | + | 14 the person to render or rendering the services or to describe | |
| 331 | + | 15 the services rendered or offered to be rendered. | |
| 332 | + | 16 (c) Licensed social workers may not engage in independent | |
| 333 | + | 17 practice of clinical social work without a clinical social | |
| 334 | + | 18 worker license. In independent practice, a licensed social | |
| 335 | + | 19 worker shall practice at all times under the order, control, | |
| 336 | + | 20 and full professional responsibility of a licensed clinical | |
| 337 | + | 21 social worker, a licensed clinical psychologist, a licensed | |
| 338 | + | 22 clinical professional counselor, a licensed marriage and | |
| 339 | + | 23 family therapist, or a psychiatrist, as defined in Section | |
| 340 | + | 24 1-121 of the Mental Health and Developmental Disabilities | |
| 341 | + | 25 Code. | |
| 342 | + | 26 (d) No business organization shall provide, attempt to | |
| 720 | 343 | ||
| 721 | 344 | ||
| 722 | - | revoke, or otherwise discipline the license of the person. Any | |
| 723 | - | person whose license was granted, continued, reinstated, | |
| 724 | - | renewed, disciplined or supervised subject to such terms, | |
| 725 | - | conditions or restrictions, and who fails to comply with such | |
| 726 | - | terms, conditions, or restrictions, shall be referred to the | |
| 727 | - | Secretary for a determination as to whether the person's | |
| 728 | - | license shall be person shall have his or her license | |
| 729 | - | suspended immediately, pending a hearing by the Department. | |
| 730 | - | (g) All fines imposed shall be paid within 60 days after | |
| 731 | - | the effective date of the order imposing the fine or in | |
| 732 | - | accordance with the terms set forth in the order imposing the | |
| 733 | - | fine. | |
| 734 | - | In instances in which the Secretary immediately suspends a | |
| 735 | - | person's license under this Section, a hearing on that | |
| 736 | - | person's license must be convened by the Department within 30 | |
| 737 | - | days after the suspension and completed without appreciable | |
| 738 | - | delay. The Department and Board shall have the authority to | |
| 739 | - | review the subject person's record of treatment and counseling | |
| 740 | - | regarding the impairment, to the extent permitted by | |
| 741 | - | applicable federal statutes and regulations safeguarding the | |
| 742 | - | confidentiality of medical records. | |
| 743 | - | A person licensed under this Act and affected under this | |
| 744 | - | Section shall be afforded an opportunity to demonstrate to the | |
| 745 | - | Department or Board that the person he or she can resume | |
| 746 | - | practice in compliance with acceptable and prevailing | |
| 747 | - | standards under the provisions of the person's his or her | |
| 748 | 345 | ||
| 749 | 346 | ||
| 750 | - | license. | |
| 751 | - | (h) The Department may adopt rules to implement the | |
| 752 | - | changes made by this amendatory Act of the 102nd General | |
| 753 | - | Assembly. | |
| 754 | - | (Source: P.A. 102-1117, eff. 1-13-23.) | |
| 755 | - | (225 ILCS 20/20) (from Ch. 111, par. 6370) | |
| 756 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 757 | - | Sec. 20. Violations - Injunction - Cease and desist order. | |
| 758 | - | 1. If any person violates the provisions of this Act, the | |
| 759 | - | Secretary may, in the name of the People of the State of | |
| 760 | - | Illinois, through the Attorney General, petition for an order | |
| 761 | - | enjoining such violation or for an order enforcing compliance | |
| 762 | - | with this Act. Upon the filing of a verified petition, the | |
| 763 | - | court with appropriate jurisdiction may issue a temporary | |
| 764 | - | restraining order without notice or bond, and may | |
| 765 | - | preliminarily and permanently enjoin such violation. If it is | |
| 766 | - | established that such person has violated or is violating the | |
| 767 | - | injunction, the court may punish the offender for contempt of | |
| 768 | - | court. Proceedings under this Section shall be in addition to | |
| 769 | - | all other remedies and penalties provided by this Act. | |
| 770 | - | 2. If any person claims to be shall hold herself or himself | |
| 771 | - | out as a licensed clinical social worker or licensed social | |
| 772 | - | worker and is not licensed under this Act, then any licensed | |
| 773 | - | clinical social worker, licensed social worker, interested | |
| 774 | - | party or any person injured thereby may petition for relief as | |
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| 775 | 349 | ||
| 776 | 350 | ||
| 777 | - | provided in subsection (1) of this Section. | |
| 778 | - | 3. Whenever, in the opinion of the Department, a person | |
| 779 | - | violates any provision of this Act, the Department may issue a | |
| 780 | - | rule to show cause why an order to cease and desist should not | |
| 781 | - | be entered against such person. The rule shall clearly set | |
| 782 | - | forth the grounds relied upon by the Department and shall | |
| 783 | - | allow at least 7 days from the date of the rule to file an | |
| 784 | - | answer satisfactory to the Department. Failure to answer to | |
| 785 | - | the satisfaction of the Department shall cause an order to | |
| 786 | - | cease and desist to be issued. | |
| 787 | - | (Source: P.A. 95-687, eff. 10-23-07.) | |
| 788 | - | (225 ILCS 20/21) (from Ch. 111, par. 6371) | |
| 789 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 790 | - | Sec. 21. Investigations; notice and hearing. | |
| 791 | - | (a) The Department may investigate the actions of any | |
| 792 | - | applicant or of any person holding or claiming to hold a | |
| 793 | - | license under this Act. | |
| 794 | - | (b) The Department shall, before disciplining an applicant | |
| 795 | - | or licensee, at least 30 days prior to the date set for the | |
| 796 | - | hearing: (i) notify, in writing, the accused of the charges | |
| 797 | - | made and the time and place for the hearing on the charges, | |
| 798 | - | (ii) direct the applicant or licensee him or her to file a | |
| 799 | - | written answer to the charges under oath within 20 days after | |
| 800 | - | the service of the notice, and (iii) inform the applicant or | |
| 801 | - | licensee that failure to file an answer will result in a | |
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| 353 | + | 1 provide, or offer to provide social work or clinical social | |
| 354 | + | 2 work services unless every member, shareholder, partner, | |
| 355 | + | 3 director, officer, holder of any other ownership interest, and | |
| 356 | + | 4 employee who renders social work or clinical social work | |
| 357 | + | 5 services holds a currently valid license issued under this | |
| 358 | + | 6 Act. No business shall be created that (1) has a stated purpose | |
| 359 | + | 7 that includes social work or clinical social work, or (2) | |
| 360 | + | 8 provides, attempts to provide, or offers to provide social | |
| 361 | + | 9 work or clinical social work services unless it is organized | |
| 362 | + | 10 under the Professional Service Corporation Act, the Medical | |
| 363 | + | 11 Corporation Act, or the Professional Limited Liability Company | |
| 364 | + | 12 Act. | |
| 365 | + | 13 (e) Nothing in this Act shall preclude individuals | |
| 366 | + | 14 licensed under this Act from practicing directly or indirectly | |
| 367 | + | 15 for a physician licensed to practice medicine in all its | |
| 368 | + | 16 branches under the Medical Practice Act of 1987 or for any | |
| 369 | + | 17 legal entity as provided under subsection (c) of Section 22.2 | |
| 370 | + | 18 of the Medical Practice Act of 1987. | |
| 371 | + | 19 (f) Nothing in this Act shall preclude individuals | |
| 372 | + | 20 licensed under this Act from practicing directly or indirectly | |
| 373 | + | 21 for any hospital licensed under the Hospital Licensing Act or | |
| 374 | + | 22 any hospital affiliate as defined in Section 10.8 of the | |
| 375 | + | 23 Hospital Licensing Act and any hospital authorized under the | |
| 376 | + | 24 University of Illinois Hospital Act. | |
| 377 | + | 25 (Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.) | |
| 802 | 378 | ||
| 803 | 379 | ||
| 804 | - | default being entered against the applicant or licensee. | |
| 805 | - | (c) Written or electronic notice of the hearing , and any | |
| 806 | - | notice in a the subsequent proceeding, may be served by | |
| 807 | - | personal delivery, by email to the applicant's or licensee's | |
| 808 | - | email address of record, or by mail to the applicant's or | |
| 809 | - | licensee's address of record. applicant or licensee at his or | |
| 810 | - | her address of record or email address of record. | |
| 811 | - | (d) At the time and place fixed in the notice, the Board or | |
| 812 | - | hearing officer appointed by the Secretary shall proceed to | |
| 813 | - | hear the charges and the parties or their counsel shall be | |
| 814 | - | accorded ample opportunity to present any statements, | |
| 815 | - | testimony, evidence and argument as may be pertinent to the | |
| 816 | - | charges or to their defense. The Board or hearing officer may | |
| 817 | - | continue the hearing from time to time. | |
| 818 | - | (e) In case the person, after receiving the notice, fails | |
| 819 | - | to file an answer, the person's his or her license may, in the | |
| 820 | - | discretion of the Secretary, having first received the | |
| 821 | - | recommendation of the Board, be suspended, revoked, or placed | |
| 822 | - | on probationary status, or be subject to whatever disciplinary | |
| 823 | - | action the Secretary considers proper, including limiting the | |
| 824 | - | scope, nature, or extent of the person's practice or the | |
| 825 | - | imposition of a fine, without hearing, if the act or acts | |
| 826 | - | charged constitute sufficient grounds for that action under | |
| 827 | - | this Act. | |
| 828 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 829 | 380 | ||
| 830 | 381 | ||
| 831 | - | (225 ILCS 20/28) (from Ch. 111, par. 6378) | |
| 832 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 833 | - | Sec. 28. Appointment of a hearing officer. Notwithstanding | |
| 834 | - | any other provision of this Act, the Secretary has the | |
| 835 | - | authority to appoint any attorney duly licensed to practice | |
| 836 | - | law in the State of Illinois to serve as the hearing officer in | |
| 837 | - | any action for refusal to issue or renew a license or to | |
| 838 | - | discipline a licensee. The hearing officer shall have full | |
| 839 | - | authority to conduct the hearing. The hearing officer shall | |
| 840 | - | report his or her findings of fact, conclusions of law, | |
| 841 | - | and | |
| 842 | - | recommendations to the Board and to the Secretary. | |
| 843 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 844 | - | (225 ILCS 20/30) (from Ch. 111, par. 6380) | |
| 845 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 846 | - | Sec. 30. Restoration. At any time after the successful | |
| 847 | - | completion of a term of probation, suspension, or revocation | |
| 848 | - | of any license, the Department may restore the license to the | |
| 849 | - | licensee upon the written recommendation of the Board unless | |
| 850 | - | after an investigation and hearing the Board or Department | |
| 851 | - | determines that restoration is not in the public interest. | |
| 852 | - | Where circumstances of suspension or revocation so indicate, | |
| 853 | - | the Department may require an examination of the licensee | |
| 854 | - | prior to restoring the licensee's his or her license. No | |
| 855 | - | person whose license has been revoked as authorized in this | |
| 856 | - | Act may apply for restoration of that license or permit until | |
| 382 | + | ||
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| 857 | 384 | ||
| 858 | 385 | ||
| 859 | - | such time as provided for in the Civil Administrative Code of | |
| 860 | - | Illinois. | |
| 861 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 862 | - | (225 ILCS 20/31) (from Ch. 111, par. 6381) | |
| 863 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 864 | - | Sec. 31. Surrender of license. Upon the revocation or | |
| 865 | - | suspension of any license, the licensee shall immediately | |
| 866 | - | surrender the licensee's his or her license to the Department. | |
| 867 | - | If the licensee fails to do so, the Department shall have the | |
| 868 | - | right to seize the license. | |
| 869 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 870 | - | (225 ILCS 20/32) (from Ch. 111, par. 6382) | |
| 871 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 872 | - | Sec. 32. Summary suspension of a license. The Secretary | |
| 873 | - | may summarily suspend the license of a licensed clinical | |
| 874 | - | social worker or licensed social worker without a hearing | |
| 875 | - | simultaneously with the institution of proceedings for a | |
| 876 | - | hearing provided for in this Act if the Secretary finds that | |
| 877 | - | evidence in the Secretary's his or her possession indicates | |
| 878 | - | that a licensee's continuation in practice would constitute an | |
| 879 | - | imminent danger to the public. In the event the Secretary | |
| 880 | - | summarily suspends such license without a hearing, a hearing | |
| 881 | - | by the Board or Department shall be held within 30 calendar | |
| 882 | - | days after the suspension has occurred. | |
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| 388 | + | 1 (225 ILCS 20/10.5) | |
| 389 | + | 2 (Section scheduled to be repealed on January 1, 2028) | |
| 390 | + | 3 Sec. 10.5. Unlicensed practice; violation; civil penalty. | |
| 391 | + | 4 (a) Any person who practices, offers to practice, attempts | |
| 392 | + | 5 to practice, or claims holds himself or herself out to | |
| 393 | + | 6 practice as a clinical social worker or social worker without | |
| 394 | + | 7 being licensed or exempt under this Act shall, in addition to | |
| 395 | + | 8 any other penalty provided by law, pay a civil penalty to the | |
| 396 | + | 9 Department in an amount not to exceed $10,000 for each | |
| 397 | + | 10 offense, as determined by the Department. The civil penalty | |
| 398 | + | 11 shall be assessed by the Department after a hearing is held in | |
| 399 | + | 12 accordance with the provisions set forth in this Act regarding | |
| 400 | + | 13 the provision of a hearing for the discipline of a licensee. | |
| 401 | + | 14 (b) The Department may investigate any actual, alleged, or | |
| 402 | + | 15 suspected unlicensed activity. | |
| 403 | + | 16 (c) The civil penalty shall be paid within 60 days after | |
| 404 | + | 17 the effective date of the order imposing the civil penalty. | |
| 405 | + | 18 The order shall constitute a judgment and may be filed and | |
| 406 | + | 19 execution had thereon in the same manner as any judgment from | |
| 407 | + | 20 any court of record. | |
| 408 | + | 21 (Source: P.A. 95-687, eff. 10-23-07.) | |
| 409 | + | 22 (225 ILCS 20/11) (from Ch. 111, par. 6361) | |
| 410 | + | 23 (Section scheduled to be repealed on January 1, 2028) | |
| 411 | + | 24 Sec. 11. Licenses; renewal; restoration; person in | |
| 412 | + | 25 military service; inactive status. | |
| 883 | 413 | ||
| 884 | 414 | ||
| 885 | - | (Source: P.A. 100-414, eff. 8-25-17.) | |
| 886 | - | Section 10. The Good Samaritan Act is amended by changing | |
| 887 | - | Section 70 as follows: | |
| 415 | + | ||
| 416 | + | ||
| 417 | + | ||
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| 423 | + | 1 (a) The expiration date and renewal period for each | |
| 424 | + | 2 license issued under this Act shall be set by rule. The | |
| 425 | + | 3 licensee may renew a license during the 60-day period | |
| 426 | + | 4 preceding its expiration date by paying the required fee and | |
| 427 | + | 5 by demonstrating compliance with any continuing education | |
| 428 | + | 6 requirements. The Department shall adopt rules establishing | |
| 429 | + | 7 minimum requirements of continuing education and means for | |
| 430 | + | 8 verification of the completion of the continuing education | |
| 431 | + | 9 requirements. The Department may, by rule, specify | |
| 432 | + | 10 circumstances under which the continuing education | |
| 433 | + | 11 requirements may be waived. | |
| 434 | + | 12 (b) Any person who has permitted a license to expire or who | |
| 435 | + | 13 has a license on inactive status may have it restored by | |
| 436 | + | 14 submitting an application to the Department and filing proof | |
| 437 | + | 15 of fitness, as defined by rule, to have the license restored, | |
| 438 | + | 16 including, if appropriate, evidence which is satisfactory to | |
| 439 | + | 17 the Department certifying the active practice of clinical | |
| 440 | + | 18 social work or social work in another jurisdiction and by | |
| 441 | + | 19 paying the required fee. | |
| 442 | + | 20 (b-5) If the person has not maintained an active practice | |
| 443 | + | 21 in another jurisdiction which is satisfactory to the | |
| 444 | + | 22 Department, the Department shall determine the person's | |
| 445 | + | 23 fitness to resume active status. The Department may also | |
| 446 | + | 24 require the person to complete a specific period of evaluated | |
| 447 | + | 25 clinical social work or social work experience and may require | |
| 448 | + | 26 successful completion of an examination for clinical social | |
| 449 | + | ||
| 450 | + | ||
| 451 | + | ||
| 452 | + | ||
| 453 | + | ||
| 454 | + | SB3779 Enrolled - 13 - LRB103 37643 RTM 67770 b | |
| 455 | + | ||
| 456 | + | ||
| 457 | + | SB3779 Enrolled- 14 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 14 - LRB103 37643 RTM 67770 b | |
| 458 | + | SB3779 Enrolled - 14 - LRB103 37643 RTM 67770 b | |
| 459 | + | 1 workers. | |
| 460 | + | 2 (b-7) Notwithstanding any other provision of this Act, any | |
| 461 | + | 3 person whose license expired while on active duty with the | |
| 462 | + | 4 armed forces of the United States, while called into service | |
| 463 | + | 5 or training with the State Militia or in training or education | |
| 464 | + | 6 under the supervision of the United States government prior to | |
| 465 | + | 7 induction into the military service may have the person's his | |
| 466 | + | 8 or her license restored without paying any renewal fees if, | |
| 467 | + | 9 within 2 years after the honorable termination of that | |
| 468 | + | 10 service, training or education, except under conditions other | |
| 469 | + | 11 than honorable, the Department is furnished with satisfactory | |
| 470 | + | 12 evidence that the person has been so engaged and that the | |
| 471 | + | 13 service, training or education has been so terminated. | |
| 472 | + | 14 (c) A license to practice shall not be denied any | |
| 473 | + | 15 applicant because of the applicant's race, religion, creed, | |
| 474 | + | 16 national origin, political beliefs or activities, age, sex, | |
| 475 | + | 17 sexual orientation, or physical impairment. | |
| 476 | + | 18 (d) (Blank). | |
| 477 | + | 19 (e) (Blank). | |
| 478 | + | 20 (f) (Blank). | |
| 479 | + | 21 (g) The Department shall indicate on each license the | |
| 480 | + | 22 academic degree of the licensee. | |
| 481 | + | 23 (h) Notwithstanding any other provision of law, the | |
| 482 | + | 24 following requirements for restoration of an inactive or | |
| 483 | + | 25 expired license of 5 years or less as set forth in subsections | |
| 484 | + | 26 (b) and (b-5) are suspended for any licensed clinical social | |
| 485 | + | ||
| 486 | + | ||
| 487 | + | ||
| 488 | + | ||
| 489 | + | ||
| 490 | + | SB3779 Enrolled - 14 - LRB103 37643 RTM 67770 b | |
| 491 | + | ||
| 492 | + | ||
| 493 | + | SB3779 Enrolled- 15 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 15 - LRB103 37643 RTM 67770 b | |
| 494 | + | SB3779 Enrolled - 15 - LRB103 37643 RTM 67770 b | |
| 495 | + | 1 worker who has had no disciplinary action taken against the | |
| 496 | + | 2 licensed clinical social worker's his or her license in this | |
| 497 | + | 3 State or in any other jurisdiction during the entire period of | |
| 498 | + | 4 licensure: proof of fitness, certification of active practice | |
| 499 | + | 5 in another jurisdiction, and the payment of a fee or renewal | |
| 500 | + | 6 fee. An individual may not restore the individual's his or her | |
| 501 | + | 7 license in accordance with this subsection more than once. | |
| 502 | + | 8 (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.) | |
| 503 | + | 9 (225 ILCS 20/12.5) | |
| 504 | + | 10 (Section scheduled to be repealed on January 1, 2028) | |
| 505 | + | 11 Sec. 12.5. Endorsement. The Department may issue a license | |
| 506 | + | 12 as a clinical social worker or as a social worker, without the | |
| 507 | + | 13 required examination, to an applicant licensed under the laws | |
| 508 | + | 14 of another jurisdiction if the requirements for licensure in | |
| 509 | + | 15 that jurisdiction are, on the date of licensure, substantially | |
| 510 | + | 16 equivalent to the requirements of this Act or to any person | |
| 511 | + | 17 who, at the time of the person's his or her licensure, | |
| 512 | + | 18 possessed individual qualifications that were substantially | |
| 513 | + | 19 equivalent to the requirements then in force in this State. An | |
| 514 | + | 20 applicant under this Section shall pay the required fees. | |
| 515 | + | 21 An individual applying for licensure as a clinical social | |
| 516 | + | 22 worker who has been licensed at the independent level in | |
| 517 | + | 23 another United States jurisdiction for 5 consecutive years | |
| 518 | + | 24 without discipline is not required to submit proof of | |
| 519 | + | 25 completion of the education and supervised clinical | |
| 520 | + | ||
| 521 | + | ||
| 522 | + | ||
| 523 | + | ||
| 524 | + | ||
| 525 | + | SB3779 Enrolled - 15 - LRB103 37643 RTM 67770 b | |
| 526 | + | ||
| 527 | + | ||
| 528 | + | SB3779 Enrolled- 16 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 16 - LRB103 37643 RTM 67770 b | |
| 529 | + | SB3779 Enrolled - 16 - LRB103 37643 RTM 67770 b | |
| 530 | + | 1 professional experience required in paragraph (3) of Section | |
| 531 | + | 2 9. Individuals with 5 consecutive years of experience must | |
| 532 | + | 3 submit certified verification of licensure from the | |
| 533 | + | 4 jurisdiction in which the applicant practiced and must comply | |
| 534 | + | 5 with all other licensing requirements and pay all required | |
| 535 | + | 6 fees. | |
| 536 | + | 7 If the accuracy of any submitted documentation or the | |
| 537 | + | 8 relevance or sufficiency of the course work or experience is | |
| 538 | + | 9 questioned by the Department or the Board because of a lack of | |
| 539 | + | 10 information, discrepancies or conflicts in information given, | |
| 540 | + | 11 or a need for clarification, the applicant seeking licensure | |
| 541 | + | 12 may be required to provide additional information. | |
| 542 | + | 13 An applicant has 3 years from the date of application to | |
| 543 | + | 14 complete the application process. If the process has not been | |
| 544 | + | 15 completed within 3 years, the application shall be denied, the | |
| 545 | + | 16 fee shall be forfeited, and the applicant must reapply and | |
| 546 | + | 17 meet the requirements in effect at the time of reapplication. | |
| 547 | + | 18 (Source: P.A. 102-1053, eff. 6-10-22.) | |
| 548 | + | 19 (225 ILCS 20/14) (from Ch. 111, par. 6364) | |
| 549 | + | 20 (Section scheduled to be repealed on January 1, 2028) | |
| 550 | + | 21 Sec. 14. Checks or order to Department dishonored because | |
| 551 | + | 22 of insufficient funds. Any person who delivers a check or | |
| 552 | + | 23 other payment to the Department that is returned to the | |
| 553 | + | 24 Department unpaid by the financial institution upon which it | |
| 554 | + | 25 is drawn shall pay to the Department, in addition to the amount | |
| 555 | + | ||
| 556 | + | ||
| 557 | + | ||
| 558 | + | ||
| 559 | + | ||
| 560 | + | SB3779 Enrolled - 16 - LRB103 37643 RTM 67770 b | |
| 561 | + | ||
| 562 | + | ||
| 563 | + | SB3779 Enrolled- 17 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 17 - LRB103 37643 RTM 67770 b | |
| 564 | + | SB3779 Enrolled - 17 - LRB103 37643 RTM 67770 b | |
| 565 | + | 1 already owed to the Department, a fine of $50. The fines | |
| 566 | + | 2 imposed by this Section are in addition to any other | |
| 567 | + | 3 discipline provided under this Act for unlicensed practice or | |
| 568 | + | 4 practice on a nonrenewed license. The Department shall notify | |
| 569 | + | 5 the person that payment of fees and fines shall be paid to the | |
| 570 | + | 6 Department by certified check or money order within 30 | |
| 571 | + | 7 calendar days of the notification. If, after the expiration of | |
| 572 | + | 8 30 days from the date of the notification, the person has | |
| 573 | + | 9 failed to submit the necessary remittance, the Department | |
| 574 | + | 10 shall automatically terminate the license or deny the | |
| 575 | + | 11 application, without hearing. If, after termination or denial, | |
| 576 | + | 12 the person seeks a license, then the person he or she shall | |
| 577 | + | 13 apply to the Department for restoration or issuance of the | |
| 578 | + | 14 license and pay all fees and fines due to the Department. The | |
| 579 | + | 15 Department may establish a fee for the processing of an | |
| 580 | + | 16 application for restoration of a license to pay all expenses | |
| 581 | + | 17 of processing this application. The Secretary may waive the | |
| 582 | + | 18 fines due under this Section in individual cases where the | |
| 583 | + | 19 Secretary finds that the fines would be unreasonable or | |
| 584 | + | 20 unnecessarily burdensome. | |
| 585 | + | 21 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 586 | + | 22 (225 ILCS 20/17) (from Ch. 111, par. 6367) | |
| 587 | + | 23 (Section scheduled to be repealed on January 1, 2028) | |
| 588 | + | 24 Sec. 17. Advertising. | |
| 589 | + | 25 (A) Persons licensed under this Act may advertise the | |
| 590 | + | ||
| 591 | + | ||
| 592 | + | ||
| 593 | + | ||
| 594 | + | ||
| 595 | + | SB3779 Enrolled - 17 - LRB103 37643 RTM 67770 b | |
| 596 | + | ||
| 597 | + | ||
| 598 | + | SB3779 Enrolled- 18 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 18 - LRB103 37643 RTM 67770 b | |
| 599 | + | SB3779 Enrolled - 18 - LRB103 37643 RTM 67770 b | |
| 600 | + | 1 availability of their professional services as permitted by | |
| 601 | + | 2 law, provided that such advertising is true and not | |
| 602 | + | 3 misleading. Representing that social work services or clinical | |
| 603 | + | 4 social work services are used or made available by individuals | |
| 604 | + | 5 who are not licensed under the provisions of this Act is deemed | |
| 605 | + | 6 to be false and misleading and is subject to the provisions of | |
| 606 | + | 7 Section 35 of this Act. | |
| 607 | + | 8 (B) A licensee shall include in every advertisement for | |
| 608 | + | 9 services regulated under this Act the licensee's his or her | |
| 609 | + | 10 title as it appears on the license or the initials authorized | |
| 610 | + | 11 under this Act. | |
| 611 | + | 12 (Source: P.A. 91-310, eff. 1-1-00.) | |
| 612 | + | 13 (225 ILCS 20/19) (from Ch. 111, par. 6369) | |
| 613 | + | 14 (Section scheduled to be repealed on January 1, 2028) | |
| 614 | + | 15 Sec. 19. Grounds for disciplinary action. | |
| 615 | + | 16 (1) The Department may refuse to issue or renew a license, | |
| 616 | + | 17 or may suspend, revoke, place on probation, reprimand, or take | |
| 617 | + | 18 any other disciplinary or non-disciplinary action deemed | |
| 618 | + | 19 appropriate by the Department, including the imposition of | |
| 619 | + | 20 fines not to exceed $10,000 for each violation, with regard to | |
| 620 | + | 21 any license issued under the provisions of this Act for any one | |
| 621 | + | 22 or a combination of the following grounds: | |
| 622 | + | 23 (a) material misstatements in furnishing information | |
| 623 | + | 24 to the Department or to any other State agency or in | |
| 624 | + | 25 furnishing information to any insurance company with | |
| 625 | + | ||
| 626 | + | ||
| 627 | + | ||
| 628 | + | ||
| 629 | + | ||
| 630 | + | SB3779 Enrolled - 18 - LRB103 37643 RTM 67770 b | |
| 631 | + | ||
| 632 | + | ||
| 633 | + | SB3779 Enrolled- 19 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 19 - LRB103 37643 RTM 67770 b | |
| 634 | + | SB3779 Enrolled - 19 - LRB103 37643 RTM 67770 b | |
| 635 | + | 1 respect to a claim on behalf of a licensee or a patient; | |
| 636 | + | 2 (b) violations or negligent or intentional disregard | |
| 637 | + | 3 of this Act, or any of the rules promulgated hereunder; | |
| 638 | + | 4 (c) conviction of or entry of a plea of guilty or nolo | |
| 639 | + | 5 contendere, finding of guilt, jury verdict, or entry of | |
| 640 | + | 6 judgment or sentencing, including, but not limited to, | |
| 641 | + | 7 convictions, preceding sentences of supervision, | |
| 642 | + | 8 conditional discharge, or first offender probation, under | |
| 643 | + | 9 the laws of any jurisdiction of the United States that is | |
| 644 | + | 10 (i) a felony or (ii) a misdemeanor, an essential element | |
| 645 | + | 11 of which is dishonesty, or that is directly related to the | |
| 646 | + | 12 practice of the clinical social work or social work | |
| 647 | + | 13 professions; | |
| 648 | + | 14 (d) fraud or misrepresentation in applying for or | |
| 649 | + | 15 procuring a license under this Act or in connection with | |
| 650 | + | 16 applying for renewal or restoration of a license under | |
| 651 | + | 17 this Act; | |
| 652 | + | 18 (e) professional incompetence; | |
| 653 | + | 19 (f) gross negligence in practice under this Act; | |
| 654 | + | 20 (g) aiding or assisting another person in violating | |
| 655 | + | 21 any provision of this Act or its rules; | |
| 656 | + | 22 (h) failing to provide information within 60 days in | |
| 657 | + | 23 response to a written request made by the Department; | |
| 658 | + | 24 (i) engaging in dishonorable, unethical or | |
| 659 | + | 25 unprofessional conduct of a character likely to deceive, | |
| 660 | + | 26 defraud or harm the public as defined by the rules of the | |
| 661 | + | ||
| 662 | + | ||
| 663 | + | ||
| 664 | + | ||
| 665 | + | ||
| 666 | + | SB3779 Enrolled - 19 - LRB103 37643 RTM 67770 b | |
| 667 | + | ||
| 668 | + | ||
| 669 | + | SB3779 Enrolled- 20 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 20 - LRB103 37643 RTM 67770 b | |
| 670 | + | SB3779 Enrolled - 20 - LRB103 37643 RTM 67770 b | |
| 671 | + | 1 Department, or violating the rules of professional conduct | |
| 672 | + | 2 adopted by the Department; | |
| 673 | + | 3 (j) habitual or excessive use or abuse of drugs | |
| 674 | + | 4 defined in law as controlled substances, of alcohol, or of | |
| 675 | + | 5 any other substances that results in the inability to | |
| 676 | + | 6 practice with reasonable judgment, skill, or safety; | |
| 677 | + | 7 (k) adverse action taken by another state or | |
| 678 | + | 8 jurisdiction, if at least one of the grounds for the | |
| 679 | + | 9 discipline is the same or substantially equivalent to | |
| 680 | + | 10 those set forth in this Section; | |
| 681 | + | 11 (l) directly or indirectly giving to or receiving from | |
| 682 | + | 12 any person, firm, corporation, partnership, or association | |
| 683 | + | 13 any fee, commission, rebate or other form of compensation | |
| 684 | + | 14 for any professional service not actually rendered. | |
| 685 | + | 15 Nothing in this paragraph (l) affects any bona fide | |
| 686 | + | 16 independent contractor or employment arrangements among | |
| 687 | + | 17 health care professionals, health facilities, health care | |
| 688 | + | 18 providers, or other entities, except as otherwise | |
| 689 | + | 19 prohibited by law. Any employment arrangements may include | |
| 690 | + | 20 provisions for compensation, health insurance, pension, or | |
| 691 | + | 21 other employment benefits for the provision of services | |
| 692 | + | 22 within the scope of the licensee's practice under this | |
| 693 | + | 23 Act. Nothing in this paragraph (l) shall be construed to | |
| 694 | + | 24 require an employment arrangement to receive professional | |
| 695 | + | 25 fees for services rendered; | |
| 696 | + | 26 (m) a finding by the Department that the licensee, | |
| 697 | + | ||
| 698 | + | ||
| 699 | + | ||
| 700 | + | ||
| 701 | + | ||
| 702 | + | SB3779 Enrolled - 20 - LRB103 37643 RTM 67770 b | |
| 703 | + | ||
| 704 | + | ||
| 705 | + | SB3779 Enrolled- 21 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 21 - LRB103 37643 RTM 67770 b | |
| 706 | + | SB3779 Enrolled - 21 - LRB103 37643 RTM 67770 b | |
| 707 | + | 1 after having the license placed on probationary status, | |
| 708 | + | 2 has violated the terms of probation or failed to comply | |
| 709 | + | 3 with such terms; | |
| 710 | + | 4 (n) abandonment, without cause, of a client; | |
| 711 | + | 5 (o) willfully making or filing false records or | |
| 712 | + | 6 reports relating to a licensee's practice, including, but | |
| 713 | + | 7 not limited to, false records filed with Federal or State | |
| 714 | + | 8 agencies or departments; | |
| 715 | + | 9 (p) willfully failing to report an instance of | |
| 716 | + | 10 suspected child abuse or neglect as required by the Abused | |
| 717 | + | 11 and Neglected Child Reporting Act; | |
| 718 | + | 12 (q) being named as a perpetrator in an indicated | |
| 719 | + | 13 report by the Department of Children and Family Services | |
| 720 | + | 14 under the Abused and Neglected Child Reporting Act, and | |
| 721 | + | 15 upon proof by clear and convincing evidence that the | |
| 722 | + | 16 licensee has caused a child to be an abused child or | |
| 723 | + | 17 neglected child as defined in the Abused and Neglected | |
| 724 | + | 18 Child Reporting Act; | |
| 725 | + | 19 (r) physical illness, mental illness, or any other | |
| 726 | + | 20 impairment or disability, including, but not limited to, | |
| 727 | + | 21 deterioration through the aging process, or loss of motor | |
| 728 | + | 22 skills that results in the inability to practice the | |
| 729 | + | 23 profession with reasonable judgment, skill or safety; | |
| 730 | + | 24 (s) solicitation of professional services by using | |
| 731 | + | 25 false or misleading advertising; | |
| 732 | + | 26 (t) violation of the Health Care Worker Self-Referral | |
| 733 | + | ||
| 734 | + | ||
| 735 | + | ||
| 736 | + | ||
| 737 | + | ||
| 738 | + | SB3779 Enrolled - 21 - LRB103 37643 RTM 67770 b | |
| 739 | + | ||
| 740 | + | ||
| 741 | + | SB3779 Enrolled- 22 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 22 - LRB103 37643 RTM 67770 b | |
| 742 | + | SB3779 Enrolled - 22 - LRB103 37643 RTM 67770 b | |
| 743 | + | 1 Act; | |
| 744 | + | 2 (u) willfully failing to report an instance of | |
| 745 | + | 3 suspected abuse, neglect, financial exploitation, or | |
| 746 | + | 4 self-neglect of an eligible adult as defined in and | |
| 747 | + | 5 required by the Adult Protective Services Act; or | |
| 748 | + | 6 (v) being named as an abuser in a verified report by | |
| 749 | + | 7 the Department on Aging under the Adult Protective | |
| 750 | + | 8 Services Act, and upon proof by clear and convincing | |
| 751 | + | 9 evidence that the licensee abused, neglected, or | |
| 752 | + | 10 financially exploited an eligible adult as defined in the | |
| 753 | + | 11 Adult Protective Services Act. | |
| 754 | + | 12 (2) (Blank). | |
| 755 | + | 13 (3) The determination by a court that a licensee is | |
| 756 | + | 14 subject to involuntary admission or judicial admission as | |
| 757 | + | 15 provided in the Mental Health and Developmental Disabilities | |
| 758 | + | 16 Code, will result in an automatic suspension of the licensee's | |
| 759 | + | 17 his license. Such suspension will end upon a finding by a court | |
| 760 | + | 18 that the licensee is no longer subject to involuntary | |
| 761 | + | 19 admission or judicial admission and issues an order so finding | |
| 762 | + | 20 and discharging the patient, and upon the recommendation of | |
| 763 | + | 21 the Board to the Secretary that the licensee be allowed to | |
| 764 | + | 22 resume professional practice. | |
| 765 | + | 23 (4) The Department shall refuse to issue or renew or may | |
| 766 | + | 24 suspend the license of a person who (i) fails to file a return, | |
| 767 | + | 25 pay the tax, penalty, or interest shown in a filed return, or | |
| 768 | + | 26 pay any final assessment of tax, penalty, or interest, as | |
| 769 | + | ||
| 770 | + | ||
| 771 | + | ||
| 772 | + | ||
| 773 | + | ||
| 774 | + | SB3779 Enrolled - 22 - LRB103 37643 RTM 67770 b | |
| 775 | + | ||
| 776 | + | ||
| 777 | + | SB3779 Enrolled- 23 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 23 - LRB103 37643 RTM 67770 b | |
| 778 | + | SB3779 Enrolled - 23 - LRB103 37643 RTM 67770 b | |
| 779 | + | 1 required by any tax Act administered by the Department of | |
| 780 | + | 2 Revenue, until the requirements of the tax Act are satisfied | |
| 781 | + | 3 or (ii) has failed to pay any court-ordered child support as | |
| 782 | + | 4 determined by a court order or by referral from the Department | |
| 783 | + | 5 of Healthcare and Family Services. | |
| 784 | + | 6 (4.5) The Department shall not revoke, suspend, summarily | |
| 785 | + | 7 suspend, place on prohibition, reprimand, refuse to issue or | |
| 786 | + | 8 renew, or take any other disciplinary or non-disciplinary | |
| 787 | + | 9 action against a license or permit issued under this Act based | |
| 788 | + | 10 solely upon the licensed clinical social worker authorizing, | |
| 789 | + | 11 recommending, aiding, assisting, referring for, or otherwise | |
| 790 | + | 12 participating in any health care service, so long as the care | |
| 791 | + | 13 was not unlawful under the laws of this State, regardless of | |
| 792 | + | 14 whether the patient was a resident of this State or another | |
| 793 | + | 15 state. | |
| 794 | + | 16 (4.10) The Department shall not revoke, suspend, summarily | |
| 795 | + | 17 suspend, place on prohibition, reprimand, refuse to issue or | |
| 796 | + | 18 renew, or take any other disciplinary or non-disciplinary | |
| 797 | + | 19 action against the license or permit issued under this Act to | |
| 798 | + | 20 practice as a licensed clinical social worker based upon the | |
| 799 | + | 21 licensed clinical social worker's license being revoked or | |
| 800 | + | 22 suspended, or the licensed clinical social worker being | |
| 801 | + | 23 otherwise disciplined by any other state, if that revocation, | |
| 802 | + | 24 suspension, or other form of discipline was based solely on | |
| 803 | + | 25 the licensed clinical social worker violating another state's | |
| 804 | + | 26 laws prohibiting the provision of, authorization of, | |
| 805 | + | ||
| 806 | + | ||
| 807 | + | ||
| 808 | + | ||
| 809 | + | ||
| 810 | + | SB3779 Enrolled - 23 - LRB103 37643 RTM 67770 b | |
| 811 | + | ||
| 812 | + | ||
| 813 | + | SB3779 Enrolled- 24 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 24 - LRB103 37643 RTM 67770 b | |
| 814 | + | SB3779 Enrolled - 24 - LRB103 37643 RTM 67770 b | |
| 815 | + | 1 recommendation of, aiding or assisting in, referring for, or | |
| 816 | + | 2 participation in any health care service if that health care | |
| 817 | + | 3 service as provided would not have been unlawful under the | |
| 818 | + | 4 laws of this State and is consistent with the standards of | |
| 819 | + | 5 conduct for a licensed clinical social worker practicing in | |
| 820 | + | 6 Illinois. | |
| 821 | + | 7 (4.15) The conduct specified in subsections (4.5) and | |
| 822 | + | 8 (4.10) shall not constitute grounds for suspension under | |
| 823 | + | 9 Section 32. | |
| 824 | + | 10 (4.20) An applicant seeking licensure, certification, or | |
| 825 | + | 11 authorization pursuant to this Act who has been subject to | |
| 826 | + | 12 disciplinary action by a duly authorized professional | |
| 827 | + | 13 disciplinary agency of another jurisdiction solely on the | |
| 828 | + | 14 basis of having authorized, recommended, aided, assisted, | |
| 829 | + | 15 referred for, or otherwise participated in health care shall | |
| 830 | + | 16 not be denied such licensure, certification, or authorization, | |
| 831 | + | 17 unless the Department determines that such action would have | |
| 832 | + | 18 constituted professional misconduct in this State; however, | |
| 833 | + | 19 nothing in this Section shall be construed as prohibiting the | |
| 834 | + | 20 Department from evaluating the conduct of such applicant and | |
| 835 | + | 21 making a determination regarding the licensure, certification, | |
| 836 | + | 22 or authorization to practice a profession under this Act. | |
| 837 | + | 23 (5)(a) In enforcing this Section, the Department or Board, | |
| 838 | + | 24 upon a showing of a possible violation, may compel a person | |
| 839 | + | 25 licensed to practice under this Act, or who has applied for | |
| 840 | + | 26 licensure under this Act, to submit to a mental or physical | |
| 841 | + | ||
| 842 | + | ||
| 843 | + | ||
| 844 | + | ||
| 845 | + | ||
| 846 | + | SB3779 Enrolled - 24 - LRB103 37643 RTM 67770 b | |
| 847 | + | ||
| 848 | + | ||
| 849 | + | SB3779 Enrolled- 25 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 25 - LRB103 37643 RTM 67770 b | |
| 850 | + | SB3779 Enrolled - 25 - LRB103 37643 RTM 67770 b | |
| 851 | + | 1 examination, or both, which may include a substance abuse or | |
| 852 | + | 2 sexual offender evaluation, as required by and at the expense | |
| 853 | + | 3 of the Department. | |
| 854 | + | 4 (b) The Department shall specifically designate the | |
| 855 | + | 5 examining physician licensed to practice medicine in all of | |
| 856 | + | 6 its branches or, if applicable, the multidisciplinary team | |
| 857 | + | 7 involved in providing the mental or physical examination or | |
| 858 | + | 8 both. The multidisciplinary team shall be led by a physician | |
| 859 | + | 9 licensed to practice medicine in all of its branches and may | |
| 860 | + | 10 consist of one or more or a combination of physicians licensed | |
| 861 | + | 11 to practice medicine in all of its branches, licensed clinical | |
| 862 | + | 12 psychologists, licensed clinical social workers, licensed | |
| 863 | + | 13 clinical professional counselors, and other professional and | |
| 864 | + | 14 administrative staff. Any examining physician or member of the | |
| 865 | + | 15 multidisciplinary team may require any person ordered to | |
| 866 | + | 16 submit to an examination pursuant to this Section to submit to | |
| 867 | + | 17 any additional supplemental testing deemed necessary to | |
| 868 | + | 18 complete any examination or evaluation process, including, but | |
| 869 | + | 19 not limited to, blood testing, urinalysis, psychological | |
| 870 | + | 20 testing, or neuropsychological testing. | |
| 871 | + | 21 (c) The Board or the Department may order the examining | |
| 872 | + | 22 physician or any member of the multidisciplinary team to | |
| 873 | + | 23 present testimony concerning this mental or physical | |
| 874 | + | 24 examination of the licensee or applicant. No information, | |
| 875 | + | 25 report, record, or other documents in any way related to the | |
| 876 | + | 26 examination shall be excluded by reason of any common law or | |
| 877 | + | ||
| 878 | + | ||
| 879 | + | ||
| 880 | + | ||
| 881 | + | ||
| 882 | + | SB3779 Enrolled - 25 - LRB103 37643 RTM 67770 b | |
| 883 | + | ||
| 884 | + | ||
| 885 | + | SB3779 Enrolled- 26 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 26 - LRB103 37643 RTM 67770 b | |
| 886 | + | SB3779 Enrolled - 26 - LRB103 37643 RTM 67770 b | |
| 887 | + | 1 statutory privilege relating to communications between the | |
| 888 | + | 2 licensee or applicant and the examining physician or any | |
| 889 | + | 3 member of the multidisciplinary team. No authorization is | |
| 890 | + | 4 necessary from the licensee or applicant ordered to undergo an | |
| 891 | + | 5 examination for the examining physician or any member of the | |
| 892 | + | 6 multidisciplinary team to provide information, reports, | |
| 893 | + | 7 records, or other documents or to provide any testimony | |
| 894 | + | 8 regarding the examination and evaluation. | |
| 895 | + | 9 (d) The person to be examined may have, at the person's his | |
| 896 | + | 10 or her own expense, another physician of the person's his or | |
| 897 | + | 11 her choice present during all aspects of the examination. | |
| 898 | + | 12 However, that physician shall be present only to observe and | |
| 899 | + | 13 may not interfere in any way with the examination. | |
| 900 | + | 14 (e) Failure of any person to submit to a mental or physical | |
| 901 | + | 15 examination without reasonable cause, when ordered, shall | |
| 902 | + | 16 result in an automatic suspension of the person's his or her | |
| 903 | + | 17 license until the person submits to the examination. | |
| 904 | + | 18 (f) If the Department or Board finds a person unable to | |
| 905 | + | 19 practice because of the reasons set forth in this Section, the | |
| 906 | + | 20 Department or Board may require that person to submit to care, | |
| 907 | + | 21 counseling, or treatment by physicians approved or designated | |
| 908 | + | 22 by the Department or Board, as a condition, term, or | |
| 909 | + | 23 restriction for continued, reinstated, or renewed licensure to | |
| 910 | + | 24 practice; or, in lieu of care, counseling or treatment, the | |
| 911 | + | 25 Department may file, or the Board may recommend to the | |
| 912 | + | 26 Department to file, a complaint to immediately suspend, | |
| 913 | + | ||
| 914 | + | ||
| 915 | + | ||
| 916 | + | ||
| 917 | + | ||
| 918 | + | SB3779 Enrolled - 26 - LRB103 37643 RTM 67770 b | |
| 919 | + | ||
| 920 | + | ||
| 921 | + | SB3779 Enrolled- 27 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 27 - LRB103 37643 RTM 67770 b | |
| 922 | + | SB3779 Enrolled - 27 - LRB103 37643 RTM 67770 b | |
| 923 | + | 1 revoke, or otherwise discipline the license of the person. Any | |
| 924 | + | 2 person whose license was granted, continued, reinstated, | |
| 925 | + | 3 renewed, disciplined or supervised subject to such terms, | |
| 926 | + | 4 conditions or restrictions, and who fails to comply with such | |
| 927 | + | 5 terms, conditions, or restrictions, shall be referred to the | |
| 928 | + | 6 Secretary for a determination as to whether the person's | |
| 929 | + | 7 license shall be person shall have his or her license | |
| 930 | + | 8 suspended immediately, pending a hearing by the Department. | |
| 931 | + | 9 (g) All fines imposed shall be paid within 60 days after | |
| 932 | + | 10 the effective date of the order imposing the fine or in | |
| 933 | + | 11 accordance with the terms set forth in the order imposing the | |
| 934 | + | 12 fine. | |
| 935 | + | 13 In instances in which the Secretary immediately suspends a | |
| 936 | + | 14 person's license under this Section, a hearing on that | |
| 937 | + | 15 person's license must be convened by the Department within 30 | |
| 938 | + | 16 days after the suspension and completed without appreciable | |
| 939 | + | 17 delay. The Department and Board shall have the authority to | |
| 940 | + | 18 review the subject person's record of treatment and counseling | |
| 941 | + | 19 regarding the impairment, to the extent permitted by | |
| 942 | + | 20 applicable federal statutes and regulations safeguarding the | |
| 943 | + | 21 confidentiality of medical records. | |
| 944 | + | 22 A person licensed under this Act and affected under this | |
| 945 | + | 23 Section shall be afforded an opportunity to demonstrate to the | |
| 946 | + | 24 Department or Board that the person he or she can resume | |
| 947 | + | 25 practice in compliance with acceptable and prevailing | |
| 948 | + | 26 standards under the provisions of the person's his or her | |
| 949 | + | ||
| 950 | + | ||
| 951 | + | ||
| 952 | + | ||
| 953 | + | ||
| 954 | + | SB3779 Enrolled - 27 - LRB103 37643 RTM 67770 b | |
| 955 | + | ||
| 956 | + | ||
| 957 | + | SB3779 Enrolled- 28 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 28 - LRB103 37643 RTM 67770 b | |
| 958 | + | SB3779 Enrolled - 28 - LRB103 37643 RTM 67770 b | |
| 959 | + | 1 license. | |
| 960 | + | 2 (h) The Department may adopt rules to implement the | |
| 961 | + | 3 changes made by this amendatory Act of the 102nd General | |
| 962 | + | 4 Assembly. | |
| 963 | + | 5 (Source: P.A. 102-1117, eff. 1-13-23.) | |
| 964 | + | 6 (225 ILCS 20/20) (from Ch. 111, par. 6370) | |
| 965 | + | 7 (Section scheduled to be repealed on January 1, 2028) | |
| 966 | + | 8 Sec. 20. Violations - Injunction - Cease and desist order. | |
| 967 | + | 9 1. If any person violates the provisions of this Act, the | |
| 968 | + | 10 Secretary may, in the name of the People of the State of | |
| 969 | + | 11 Illinois, through the Attorney General, petition for an order | |
| 970 | + | 12 enjoining such violation or for an order enforcing compliance | |
| 971 | + | 13 with this Act. Upon the filing of a verified petition, the | |
| 972 | + | 14 court with appropriate jurisdiction may issue a temporary | |
| 973 | + | 15 restraining order without notice or bond, and may | |
| 974 | + | 16 preliminarily and permanently enjoin such violation. If it is | |
| 975 | + | 17 established that such person has violated or is violating the | |
| 976 | + | 18 injunction, the court may punish the offender for contempt of | |
| 977 | + | 19 court. Proceedings under this Section shall be in addition to | |
| 978 | + | 20 all other remedies and penalties provided by this Act. | |
| 979 | + | 21 2. If any person claims to be shall hold herself or himself | |
| 980 | + | 22 out as a licensed clinical social worker or licensed social | |
| 981 | + | 23 worker and is not licensed under this Act, then any licensed | |
| 982 | + | 24 clinical social worker, licensed social worker, interested | |
| 983 | + | 25 party or any person injured thereby may petition for relief as | |
| 984 | + | ||
| 985 | + | ||
| 986 | + | ||
| 987 | + | ||
| 988 | + | ||
| 989 | + | SB3779 Enrolled - 28 - LRB103 37643 RTM 67770 b | |
| 990 | + | ||
| 991 | + | ||
| 992 | + | SB3779 Enrolled- 29 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 29 - LRB103 37643 RTM 67770 b | |
| 993 | + | SB3779 Enrolled - 29 - LRB103 37643 RTM 67770 b | |
| 994 | + | 1 provided in subsection (1) of this Section. | |
| 995 | + | 2 3. Whenever, in the opinion of the Department, a person | |
| 996 | + | 3 violates any provision of this Act, the Department may issue a | |
| 997 | + | 4 rule to show cause why an order to cease and desist should not | |
| 998 | + | 5 be entered against such person. The rule shall clearly set | |
| 999 | + | 6 forth the grounds relied upon by the Department and shall | |
| 1000 | + | 7 allow at least 7 days from the date of the rule to file an | |
| 1001 | + | 8 answer satisfactory to the Department. Failure to answer to | |
| 1002 | + | 9 the satisfaction of the Department shall cause an order to | |
| 1003 | + | 10 cease and desist to be issued. | |
| 1004 | + | 11 (Source: P.A. 95-687, eff. 10-23-07.) | |
| 1005 | + | 12 (225 ILCS 20/21) (from Ch. 111, par. 6371) | |
| 1006 | + | 13 (Section scheduled to be repealed on January 1, 2028) | |
| 1007 | + | 14 Sec. 21. Investigations; notice and hearing. | |
| 1008 | + | 15 (a) The Department may investigate the actions of any | |
| 1009 | + | 16 applicant or of any person holding or claiming to hold a | |
| 1010 | + | 17 license under this Act. | |
| 1011 | + | 18 (b) The Department shall, before disciplining an applicant | |
| 1012 | + | 19 or licensee, at least 30 days prior to the date set for the | |
| 1013 | + | 20 hearing: (i) notify, in writing, the accused of the charges | |
| 1014 | + | 21 made and the time and place for the hearing on the charges, | |
| 1015 | + | 22 (ii) direct the applicant or licensee him or her to file a | |
| 1016 | + | 23 written answer to the charges under oath within 20 days after | |
| 1017 | + | 24 the service of the notice, and (iii) inform the applicant or | |
| 1018 | + | 25 licensee that failure to file an answer will result in a | |
| 1019 | + | ||
| 1020 | + | ||
| 1021 | + | ||
| 1022 | + | ||
| 1023 | + | ||
| 1024 | + | SB3779 Enrolled - 29 - LRB103 37643 RTM 67770 b | |
| 1025 | + | ||
| 1026 | + | ||
| 1027 | + | SB3779 Enrolled- 30 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 30 - LRB103 37643 RTM 67770 b | |
| 1028 | + | SB3779 Enrolled - 30 - LRB103 37643 RTM 67770 b | |
| 1029 | + | 1 default being entered against the applicant or licensee. | |
| 1030 | + | 2 (c) Written or electronic notice of the hearing , and any | |
| 1031 | + | 3 notice in a the subsequent proceeding, may be served by | |
| 1032 | + | 4 personal delivery, by email to the applicant's or licensee's | |
| 1033 | + | 5 email address of record, or by mail to the applicant's or | |
| 1034 | + | 6 licensee's address of record. applicant or licensee at his or | |
| 1035 | + | 7 her address of record or email address of record. | |
| 1036 | + | 8 (d) At the time and place fixed in the notice, the Board or | |
| 1037 | + | 9 hearing officer appointed by the Secretary shall proceed to | |
| 1038 | + | 10 hear the charges and the parties or their counsel shall be | |
| 1039 | + | 11 accorded ample opportunity to present any statements, | |
| 1040 | + | 12 testimony, evidence and argument as may be pertinent to the | |
| 1041 | + | 13 charges or to their defense. The Board or hearing officer may | |
| 1042 | + | 14 continue the hearing from time to time. | |
| 1043 | + | 15 (e) In case the person, after receiving the notice, fails | |
| 1044 | + | 16 to file an answer, the person's his or her license may, in the | |
| 1045 | + | 17 discretion of the Secretary, having first received the | |
| 1046 | + | 18 recommendation of the Board, be suspended, revoked, or placed | |
| 1047 | + | 19 on probationary status, or be subject to whatever disciplinary | |
| 1048 | + | 20 action the Secretary considers proper, including limiting the | |
| 1049 | + | 21 scope, nature, or extent of the person's practice or the | |
| 1050 | + | 22 imposition of a fine, without hearing, if the act or acts | |
| 1051 | + | 23 charged constitute sufficient grounds for that action under | |
| 1052 | + | 24 this Act. | |
| 1053 | + | 25 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 1054 | + | ||
| 1055 | + | ||
| 1056 | + | ||
| 1057 | + | ||
| 1058 | + | ||
| 1059 | + | SB3779 Enrolled - 30 - LRB103 37643 RTM 67770 b | |
| 1060 | + | ||
| 1061 | + | ||
| 1062 | + | SB3779 Enrolled- 31 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 31 - LRB103 37643 RTM 67770 b | |
| 1063 | + | SB3779 Enrolled - 31 - LRB103 37643 RTM 67770 b | |
| 1064 | + | 1 (225 ILCS 20/28) (from Ch. 111, par. 6378) | |
| 1065 | + | 2 (Section scheduled to be repealed on January 1, 2028) | |
| 1066 | + | 3 Sec. 28. Appointment of a hearing officer. Notwithstanding | |
| 1067 | + | 4 any other provision of this Act, the Secretary has the | |
| 1068 | + | 5 authority to appoint any attorney duly licensed to practice | |
| 1069 | + | 6 law in the State of Illinois to serve as the hearing officer in | |
| 1070 | + | 7 any action for refusal to issue or renew a license or to | |
| 1071 | + | 8 discipline a licensee. The hearing officer shall have full | |
| 1072 | + | 9 authority to conduct the hearing. The hearing officer shall | |
| 1073 | + | 10 report his or her findings of fact, conclusions of law, | |
| 1074 | + | and | |
| 1075 | + | 11 recommendations to the Board and to the Secretary. | |
| 1076 | + | 12 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 1077 | + | 13 (225 ILCS 20/30) (from Ch. 111, par. 6380) | |
| 1078 | + | 14 (Section scheduled to be repealed on January 1, 2028) | |
| 1079 | + | 15 Sec. 30. Restoration. At any time after the successful | |
| 1080 | + | 16 completion of a term of probation, suspension, or revocation | |
| 1081 | + | 17 of any license, the Department may restore the license to the | |
| 1082 | + | 18 licensee upon the written recommendation of the Board unless | |
| 1083 | + | 19 after an investigation and hearing the Board or Department | |
| 1084 | + | 20 determines that restoration is not in the public interest. | |
| 1085 | + | 21 Where circumstances of suspension or revocation so indicate, | |
| 1086 | + | 22 the Department may require an examination of the licensee | |
| 1087 | + | 23 prior to restoring the licensee's his or her license. No | |
| 1088 | + | 24 person whose license has been revoked as authorized in this | |
| 1089 | + | 25 Act may apply for restoration of that license or permit until | |
| 1090 | + | ||
| 1091 | + | ||
| 1092 | + | ||
| 1093 | + | ||
| 1094 | + | ||
| 1095 | + | SB3779 Enrolled - 31 - LRB103 37643 RTM 67770 b | |
| 1096 | + | ||
| 1097 | + | ||
| 1098 | + | SB3779 Enrolled- 32 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 32 - LRB103 37643 RTM 67770 b | |
| 1099 | + | SB3779 Enrolled - 32 - LRB103 37643 RTM 67770 b | |
| 1100 | + | 1 such time as provided for in the Civil Administrative Code of | |
| 1101 | + | 2 Illinois. | |
| 1102 | + | 3 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 1103 | + | 4 (225 ILCS 20/31) (from Ch. 111, par. 6381) | |
| 1104 | + | 5 (Section scheduled to be repealed on January 1, 2028) | |
| 1105 | + | 6 Sec. 31. Surrender of license. Upon the revocation or | |
| 1106 | + | 7 suspension of any license, the licensee shall immediately | |
| 1107 | + | 8 surrender the licensee's his or her license to the Department. | |
| 1108 | + | 9 If the licensee fails to do so, the Department shall have the | |
| 1109 | + | 10 right to seize the license. | |
| 1110 | + | 11 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 1111 | + | 12 (225 ILCS 20/32) (from Ch. 111, par. 6382) | |
| 1112 | + | 13 (Section scheduled to be repealed on January 1, 2028) | |
| 1113 | + | 14 Sec. 32. Summary suspension of a license. The Secretary | |
| 1114 | + | 15 may summarily suspend the license of a licensed clinical | |
| 1115 | + | 16 social worker or licensed social worker without a hearing | |
| 1116 | + | 17 simultaneously with the institution of proceedings for a | |
| 1117 | + | 18 hearing provided for in this Act if the Secretary finds that | |
| 1118 | + | 19 evidence in the Secretary's his or her possession indicates | |
| 1119 | + | 20 that a licensee's continuation in practice would constitute an | |
| 1120 | + | 21 imminent danger to the public. In the event the Secretary | |
| 1121 | + | 22 summarily suspends such license without a hearing, a hearing | |
| 1122 | + | 23 by the Board or Department shall be held within 30 calendar | |
| 1123 | + | 24 days after the suspension has occurred. | |
| 1124 | + | ||
| 1125 | + | ||
| 1126 | + | ||
| 1127 | + | ||
| 1128 | + | ||
| 1129 | + | SB3779 Enrolled - 32 - LRB103 37643 RTM 67770 b | |
| 1130 | + | ||
| 1131 | + | ||
| 1132 | + | SB3779 Enrolled- 33 -LRB103 37643 RTM 67770 b SB3779 Enrolled - 33 - LRB103 37643 RTM 67770 b | |
| 1133 | + | SB3779 Enrolled - 33 - LRB103 37643 RTM 67770 b | |
| 1134 | + | 1 (Source: P.A. 100-414, eff. 8-25-17.) | |
| 1135 | + | 2 Section 10. The Good Samaritan Act is amended by changing | |
| 1136 | + | 3 Section 70 as follows: | |
| 1137 | + | ||
| 1138 | + | ||
| 1139 | + | ||
| 1140 | + | ||
| 1141 | + | ||
| 1142 | + | SB3779 Enrolled - 33 - LRB103 37643 RTM 67770 b |