There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 55/ Marriage and Family Therapy Licensing Act.
(225 ILCS 55/1) (from Ch. 111, par. 8351‑1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1.
Short Title.
This Act may be cited as the Marriage and Family Therapy Licensing Act.
(Source: P.A. 87‑783.)
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(225 ILCS 55/5) (from Ch. 111, par. 8351‑5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.
Legislative declaration of public policy.
The practice of
marriage and family therapy in Illinois is hereby declared to affect the
public health, safety and welfare, and to be subject to regulations in the
public interest. The purpose of this Act is to establish standards of
qualifications for marriage and family therapists and license marriage and
family therapists and associate marriage and family therapists who meet
these standards, thereby protecting the public
from persons who are unauthorized or unqualified to represent themselves as
licensed marriage and family therapists or associate licensed marriage and
family therapists, and from unprofessional conduct
by persons licensed to practice marriage and family therapy.
(Source: P.A. 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/10) (from Ch. 111, par. 8351‑10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.
Definitions.
As used in this Act:
"Advertise" means, but is not limited to, issuing or causing to
be distributed any card, sign or device to any person; or causing,
permitting or allowing any sign or marking on or in any building,
structure, newspaper, magazine or directory, or on radio or television; or
advertising by any other means designed to secure public attention.
"Approved program" means an approved comprehensive program of study in
marriage and family therapy in a regionally accredited educational institution
approved by the Department for the training
of marriage and family therapists.
"Associate licensed marriage and family therapist" means a person
to whom an associate marriage and family therapist license has been issued
under this Act.
"Board" means the Illinois Marriage and Family Therapy Licensing and
Disciplinary Board.
"Department" means the Department of Professional Regulation.
"Director" means the Director of the Department of Professional
Regulation.
"License" means that which is required to practice marriage and family
therapy under this Act, the qualifications for which include specific
education, acceptable experience and examination requirements.
"Licensed marriage and family therapist" means a person
to whom a
marriage and family therapist license has been issued under this Act.
"Marriage and family therapy" means the evaluation and treatment of
mental and emotional problems within the context of human relationships.
Marriage and family therapy involves the use of psychotherapeutic methods
to ameliorate interpersonal and intrapersonal conflict and to modify
perceptions, beliefs and behavior in areas of human life that include, but
are not limited to, premarriage, marriage, sexuality, family, divorce
adjustment, and parenting.
"Person" means any individual, firm, corporation, partnership,
organization, or body politic.
"Practice of marriage and family therapy" means the rendering of
marriage and family therapy services to individuals, couples, and families
as defined in this Section, either singly or in groups, whether the
services are offered directly to the general public or through
organizations, either public or private, for a fee, monetary or otherwise.
"Title or description" means to hold oneself out as a licensed marriage
and family therapist or an associate licensed marriage and family therapist
to the public by means of stating on signs,
mailboxes, address plates, stationery, announcements, calling cards or
other instruments of professional identification.
(Source: P.A. 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/15) (from Ch. 111, par. 8351‑15)
(Section scheduled to be repealed on January 1, 2008)
Sec. 15.
Exemptions.
(a) Nothing contained in this Act shall restrict any person not licensed
under this Act from performing marriage and family therapy if that person
does not represent himself or herself as a "licensed marriage and family
therapist" or an "associate licensed marriage and family therapist".
(b) Nothing in this Act shall be construed as permitting persons
licensed as marriage and family therapists to engage in any manner in the
practice of medicine as defined in the laws of this State.
(c) Nothing in this Act shall be construed to prevent qualified members
of other professional groups, including but not limited to
clinical psychologists, social workers, counselors, attorneys at law, or
psychiatric nurses, from performing or advertising that they perform the
work of a marriage and family therapist consistent with the laws of this
State, their training, and any code of ethics of their respective
professions, provided they do not represent themselves by any title or
description as a licensed marriage and family therapist or an associate
licensed marriage and family therapist.
(d) Nothing in this Act shall be construed to prevent any person from
the bona fide practice of the doctrines of an established church or
religious denomination if the person does not hold himself or herself out
to be a licensed marriage and family therapist or an associate licensed
marriage and family therapist.
(e) Nothing in this Act shall prohibit self‑help groups or programs or
not‑for‑profit organizations from providing services so long as these
groups, programs, or organizations do not hold themselves out as practicing
or being able to practice marriage and family therapy.
(f) This Act does not prohibit:
(1) A person from practicing marriage and family | ||
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(2) A person from practicing marriage and family | ||
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(3) A person from practicing marriage and family | ||
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(4) A person licensed in this State under any other | ||
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(5) A person from practicing marriage and family | ||
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(Source: P.A. 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/20) (from Ch. 111, par. 8351‑20)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20.
Powers and duties of the Department.
Subject to the
provisions of this Act, the Department shall exercise the following
functions, powers, and duties:
(a) Conduct or authorize examinations to ascertain | ||
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(b) Prescribe rules for a method of examination of | ||
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(b‑5) Prescribe rules for determining approved | ||
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(c) Conduct hearings on proceedings to revoke, | ||
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(d) Promulgate rules required for the administration | ||
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The Board may make recommendations on matters relating to continuing
education, including the number of hours necessary for license renewal, waivers
for those unable to meet the requirements, and acceptable course content.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/25) (from Ch. 111, par. 8351‑25)
(Section scheduled to be repealed on January 1, 2008)
Sec. 25.
Marriage and Family Therapy Licensing and Disciplinary Board.
(a) There is established within the Department the Marriage and
Family Therapy Licensing and Disciplinary Board to be appointed by the
Director. The Board shall be composed of 7 persons who shall serve in an
advisory capacity to the Director. The Board shall elect a chairperson and a
vice chairperson.
(b) In appointing members of the Board, the Director shall give due
consideration to recommendations by members of the profession of marriage
and family therapy and by the statewide organizations solely representing
the interests of marriage and family therapists.
(c) Five members of the Board shall be marriage and family
therapists who have been in active practice for at least 5 years immediately
preceding their appointment, or engaged in the education and training of
masters, doctoral, or post‑doctoral students of marriage and family
therapy,
or engaged in marriage and family therapy research. Each marriage or
family therapy teacher or researcher shall have spent the majority of the
time devoted to the study or research of marriage and family therapy during
the 2 years immediately preceding his or her appointment to the Board. The appointees shall be licensed under this Act.
(d) Two members shall be representatives of the general public who have no
direct affiliation or work experience with the practice of marriage and
family therapy and who clearly represent consumer interests.
(e) Board members shall
be appointed for terms of 4 years each, except that any person chosen to
fill a vacancy shall be appointed only for the unexpired term of the Board
member whom he or she shall succeed. Upon the expiration of this term of
office, a Board member shall continue to serve until a successor is
appointed and qualified. No member shall be reappointed to the Board for
a term that would cause continuous service on the Board to be longer than 8
years.
(f) The membership of the Board shall reasonably reflect representation
from the various geographic areas of the State.
(g) Members of the Board shall be immune from suit in any action based
upon any disciplinary proceedings or other activities performed in good
faith as members of the Board.
(h) The Director may remove any member of the Board for any cause that,
in the opinion of the Director, reasonably justifies termination.
(i) The Director may consider the recommendations of the
Board on questions of standards of professional conduct, discipline, and
qualification of candidates or licensees under this Act.
(j) The members of the Board shall be reimbursed for all legitimate,
necessary, and authorized expenses.
(k) A majority of the Board members currently appointed shall constitute a
quorum. A vacancy in the membership of the Board shall not impair the right of
a quorum to exercise all the rights and perform all the duties of the Board.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/30) (from Ch. 111, par. 8351‑30)
(Section scheduled to be repealed on January 1, 2008)
Sec. 30.
Application.
(a) Applications for original licensure shall be made to the Department
in writing on forms prescribed by the Department and shall be accompanied
by the appropriate documentation and the required fee, which fee is
nonrefundable. Any application shall require such information as, in the
judgment of the Department, will enable the Department to pass on the
qualifications of the applicant for licensing.
(b) Applicants have 3 years from the date of application to complete the
application process. If the application has not been completed within 3 years,
the application shall be denied, the fee shall be forfeited, and the applicant
must reapply and meet the requirements in effect at the time of reapplication.
(c) A license shall not be denied to an applicant because of the applicant's
race, religion, creed, national origin, political beliefs or activities, age,
sex, sexual orientation, or physical impairment.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/32)
(Section scheduled to be repealed on January 1, 2008)
Sec. 32.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 55/35) (from Ch. 111, par. 8351‑35)
(Section scheduled to be repealed on January 1, 2008)
Sec. 35.
Examinations.
(a) The Department shall authorize examinations of applicants as
licensed marriage and family therapists at such times and places as it
may determine. The examination of applicants shall be of a character to
give a fair test of the qualifications of the applicant to practice marriage
and family therapy.
(b) Applicants for examination as marriage and family therapists shall be
required to pay, either to the Department or the designated testing
service, a fee covering the cost of providing the examination.
(c) The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 87‑783; 87‑1237.)
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(225 ILCS 55/40) (from Ch. 111, par. 8351‑40)
(Section scheduled to be repealed on January 1, 2008)
Sec. 40.
Qualifications for licensure.
(a) A person is qualified for licensure as a marriage and family therapist
if that person:
(1) is at least 21 years of age;
(2) has applied in writing on forms prepared and | ||
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(3) (blank);
(4) has not engaged or is not engaged in any | ||
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(5) satisfies the education and experience | ||
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(6) passes a written examination authorized by the | ||
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(b) Any person who applies to the Department shall be issued a marriage
and family therapist license by
the Department if the person meets the qualifications set forth in subsection
(a) of this Section and provides evidence to the Department that the person:
(1) holds a master's or doctoral degree in marriage | ||
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(2) following the receipt of the first qualifying | ||
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(3) has completed at least 200 hours of supervision | ||
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(c) Any person who applies to the Department shall be issued a temporary
license as an associate marriage and family therapist by the Department if the
person meets the qualifications set forth in subsection (a)(1), (2), and (4) of
this Section and provides evidence to the Department that the person meets the
qualifications set forth in subsection (b)(1) of this Section. The license as
an associate licensed marriage and family therapist shall not be valid for more
than 5 years.
An associate licensed marriage and family therapist may not practice
independently and must be clinically supervised by a licensed marriage and
family therapist or equivalent as defined by rule.
An associate licensed marriage and family therapist may petition the
Department for a marriage and family therapist license upon completion of the
requirements in subsections (a) and (b).
(Source: P.A. 90‑61, eff. 12‑30‑97; 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/45) (from Ch. 111, par. 8351‑45)
(Section scheduled to be repealed on January 1, 2008)
Sec. 45.
Licenses; renewals; restoration; person in military service.
(a) The expiration date and renewal period for each license issued under
this Act shall be set by rule. As a condition for renewal of a license, the
licensee shall be required to complete continuing education under requirements
set forth in rules of the Department.
(b) Any person who has permitted his or her license to expire may have his
or her
license restored by making application to the Department and filing
proof acceptable to the Department of fitness to have his or her license
restored, which may include sworn evidence certifying to active practice in
another jurisdiction satisfactory to the Department, complying with any
continuing education requirements, and paying the required restoration fee.
(c) If the person has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Board shall determine, by
an evaluation program established by rule, the person's fitness to resume
active status and may require the person to complete a period of evaluated
clinical experience and successful completion of a practical examination.
However, any person whose license expired while (i) in federal
service on active duty with the Armed Forces of the United States or
called into service or training with the State Militia, or (ii) in training
or education under the supervision of the United States preliminary to
induction into the military service may have his or her license renewed or
restored without paying any lapsed renewal fees if, within 2 years after
honorable termination of the service, training or education, except under
condition other than honorable, he or she furnishes the Department with
satisfactory evidence to the effect that he or she has been so engaged and that
the service, training, or education has been so terminated.
(d) Any person who notifies the Department, in writing on forms
prescribed by the Department, may place his or her license on inactive
status and shall be excused from the payment of renewal fees until the
person notifies the Department in writing of the intention to resume
active practice.
(e) Any person requesting his or her license be changed from inactive to
active status shall be required to pay the current renewal fee and shall
also demonstrate compliance with the continuing education requirements.
(f) Any marriage and family therapist or associate marriage and family
therapist whose license is nonrenewed or on inactive status shall not engage
in the practice of marriage and family therapy in the State of Illinois and use
the title or advertise that he or she performs the services of a "licensed
marriage and family therapist" or an "associate marriage and family
therapist".
(g) Any person violating subsection (f) of this Section shall be
considered to be practicing without a license and will be subject to the
disciplinary provisions of this Act.
(h) (Blank).
(Source: P.A. 90‑61, eff. 12‑30‑97; 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/50) (from Ch. 111, par. 8351‑50)
Sec. 50.
(Repealed).
(Source: P.A. 87‑1237. Repealed by P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/55) (from Ch. 111, par. 8351‑55)
(Section scheduled to be repealed on January 1, 2008)
Sec. 55.
Fees.
(a) Except as provided in subsection (c), the fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration, shall be set by
rule of the Department. The fees shall be nonrefundable.
(b) (Blank).
(c) In addition to the application fee, applicants for the
examination
are required to pay, either to the Department or the designated
testing service, a fee covering the cost of determining an applicant's
eligibility and providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place specified, after
the applicant's application and fee for examination have been received and
acknowledged by the Department or the designated testing service, shall
result in the forfeiture of the fee.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/56)
(Section scheduled to be repealed on January 1, 2008)
Sec. 56.
Deposit of fees and fines.
All of the fees and
fines collected under this Act shall be deposited into the General Professions
Dedicated Fund.
(Source: P.A. 88‑683, eff. 1‑24‑95.)
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(225 ILCS 55/60) (from Ch. 111, par. 8351‑60)
(Section scheduled to be repealed on January 1, 2008)
Sec. 60.
Payments; penalty for insufficient funds.
Any person who delivers a
check or other payment to the Department that is returned to the Department
unpaid by the financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the Department, a fine of
$50. The fines imposed
by
this Section are in addition to any other discipline provided under this Act
prohibiting unlicensed practice or practice on a nonrenewed license. The
Department shall notify the person that payment of fees and fines shall be paid
to the Department by certified check or money order within 30 calendar days
after notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny
the
application, without hearing. If, after termination or denial, the person seeks
a license, he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay
all expenses of processing this application. The Director may waive the fines
due under this Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 55/65) (from Ch. 111, par. 8351‑65)
(Section scheduled to be repealed on January 1, 2008)
Sec. 65.
Endorsement.
The Department may issue a license as a
licensed marriage and family therapist, without the required examination,
to an applicant licensed under the laws of another state if the
requirements for licensure in that state are, on the date of licensure,
substantially equal to the requirements of this Act or to a person who, at
the time of his or her application for licensure, possessed individual
qualifications that were
substantially equivalent to the requirements then in force in this State. An
applicant under
this Section shall pay all of the required fees.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within the 3
years, the application shall be denied, the fee shall be forfeited, and the
applicant
must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/70) (from Ch. 111, par. 8351‑70)
(Section scheduled to be repealed on January 1, 2008)
Sec. 70.
Privileged communications and exceptions.
(a) No licensed marriage and family therapist or associate marriage and
family therapist shall disclose any
information acquired from persons consulting the marriage and family
therapist or associate marriage and family therapist in a professional
capacity, except that which may be voluntarily
disclosed under the following circumstances:
(1) In the course of formally reporting, conferring, | ||
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(2) With the written consent of the person who | ||
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(3) In case of death or disability, with the written | ||
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(4) When a communication reveals the intended | ||
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(5) When the person waives the privilege by bringing | ||
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(b) Any person having access to records or any one who participates in
providing marriage and family therapy services or who, in providing any
human services, is supervised by a licensed marriage and family therapist,
is similarly bound to regard all information and communications as
privileged in accord with this Section.
(c) The Mental Health and Developmental Disabilities Confidentiality Act
is incorporated in this Act as if all of its provisions were included in
this Act.
(Source: P.A. 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/75) (from Ch. 111, par. 8351‑75)
(Section scheduled to be repealed on January 1, 2008)
Sec. 75.
Practice by corporations.
No license shall be issued by the
Department to any corporation (i) that has a stated purpose that includes,
or (ii) that practices or holds itself out as available to practice,
marriage and family therapy, unless it is organized under the Professional
Service Corporation Act.
(Source: P.A. 87‑783.)
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(225 ILCS 55/80) (from Ch. 111, par. 8351‑80)
(Section scheduled to be repealed on January 1, 2008)
Sec. 80.
Roster.
The Department shall maintain a roster of names and
addresses of all persons who hold valid licenses and all persons whose
licenses have been suspended or revoked within the previous year. This
roster shall be available upon request and payment of the required fee.
(Source: P.A. 87‑783.)
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(225 ILCS 55/85) (from Ch. 111, par. 8351‑85)
(Section scheduled to be repealed on January 1, 2008)
Sec. 85.
Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may revoke a
license, or may suspend, place on probation, fine, or take any
disciplinary action as the Department may deem proper, including fines not
to exceed $1000 for each violation, with regard to any licensee for any one or
combination of the following causes:
(1) Material misstatement in furnishing information | ||
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(2) Violations of this Act or its rules.
(3) Conviction of any crime under the laws of the | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence or gross negligence.
(6) Malpractice.
(7) Aiding or assisting another person in violating | ||
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(8) Failing, within 60 days, to provide information | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or addiction to | ||
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(11) Discipline by another state, territory, or | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Department that the licensee, | ||
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(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or | ||
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(16) Wilfully failing to report an instance of | ||
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(17) Being named as a perpetrator in an indicated | ||
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(18) Physical or mental disability, including | ||
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(19) Solicitation of professional services by using | ||
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(20) A finding that licensure has been applied for | ||
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(21) Practicing or attempting to practice under a | ||
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(22) Gross overcharging for professional services | ||
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(b) The Department shall deny any application for a license, without
hearing, or renewal under this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue a license or renewal if the person in default
has established a satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission, as provided in the Mental
Health and Developmental Disabilities Code, operates as an automatic
suspension. The suspension will terminate only upon a finding by a court
that the patient is no longer subject to involuntary admission or judicial
admission and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the Director that the
licensee be allowed to resume his or her practice as a licensed marriage
and family therapist or an associate marriage and family therapist.
(d) The Department may refuse to issue or may suspend the license of any
person who fails to file a return, pay the tax, penalty, or interest shown
in a filed return or pay any final assessment of tax, penalty, or interest,
as required by any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are satisfied.
(e) In enforcing this Section, the Department or Board upon a showing of a
possible
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department or Board may order the examining physician to
present
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
physicians
shall be specifically designated by the Board or Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
or
physical examination, when directed, shall be grounds for suspension of his or
her
license until the individual submits to the examination if the Department
finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to practice because of
the
reasons
set forth in this Section, the Department or Board may require that individual
to submit
to
care, counseling, or treatment by physicians approved
or designated by the Department or Board, as a condition, term, or restriction
for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or
the Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Director for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 15 days after the suspension and completed without
appreciable
delay.
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department or Board that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 90‑61, eff. 12‑30‑97; 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/90) (from Ch. 111, par. 8351‑90)
(Section scheduled to be repealed on January 1, 2008)
Sec. 90.
Violations; injunctions; cease and desist order.
(a) If any person violates a provision of this Act, the Director may, in
the name of the People of the State of Illinois, through the Attorney
General of the State of Illinois, petition for an order enjoining the
violation or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the person has
violated or is violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this Section are in addition to,
and not in lieu of, all other remedies and penalties provided by this Act.
(b) If any person practices as a marriage and family therapist or an
associate marriage and family therapist or
holds himself or herself out as such without having a valid license
under this Act, then any licensee, any interested party or any person
injured thereby may, in addition to the Director, petition for relief as
provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him or her. The
rule shall clearly set forth the grounds relied upon by the Department and
shall provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease and desist to
be issued immediately.
(Source: P.A. 90‑61, eff. 12‑30‑97; 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/95) (from Ch. 111, par. 8351‑95)
(Section scheduled to be repealed on January 1, 2008)
Sec. 95.
Investigation; notice and hearing.
The Department may investigate
the actions or qualifications of any person or persons holding or claiming to
hold a license. Before suspending, revoking, placing on probationary status,
or taking any other disciplinary action as the Department may deem proper with
regard to any license, at least 30 days before the date set for the hearing,
the Department shall (i)
notify the accused in writing of any charges made and the time and place for a
hearing on the charges before the Board, (ii) direct him or her to file a
written answer to the charges with the Board under oath within 20 days after
the service on him or her of such notice, and (iii) inform him or her that if
he or she fails to file an answer, default will be taken against him or her and
his or her license may be suspended, revoked, placed on probationary status, or
other disciplinary action taken with regard to the license, including limiting
the scope, nature, or extent
of his or her practice, as the Department may deem proper. In case the person,
after receiving notice, fails to file an answer, his or her license may, in the
discretion of the Department, be suspended, revoked,
placed on probationary status, or the Department may take whatever disciplinary
action deemed proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for such action under this Act.
This written
notice and any notice in the subsequent proceedings may be served by personal
delivery to the accused person, or by registered or certified mail to the
address last specified by the accused in his last notification to the
Department. In case the person fails to file an answer after receiving notice,
his or her license may, in the discretion of the Department,
be
suspended, revoked, or placed on probationary status, or the Department may
take whatever disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. The written answer shall be served by
personal delivery, certified delivery, or certified or registered mail to
the Department. At the time and place fixed in the notice, the Department
shall proceed to hear the charges and the parties or their counsel shall be
accorded ample opportunity to present such statements, testimony, evidence,
and argument as may be pertinent to the charges or to the defense thereto. The
Department may continue such hearing from time to time. At the discretion of
the Director after having first received the recommendation of the Board, the
accused person's license may be suspended
or revoked, if
the evidence constitutes sufficient grounds for such action under this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑655, eff. 7‑30‑98.)
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(225 ILCS 55/100) (from Ch. 111, par. 8351‑100)
(Section scheduled to be repealed on January 1, 2008)
Sec. 100.
Record of proceeding.
The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case. The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders of the
Department shall be in the record of the proceedings. The Department shall
furnish a transcript of the record to any person interested in the hearing upon
payment of the fee required under Section 2105‑115 of the
Department of Professional Regulation Law (20 ILCS 2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(225 ILCS 55/105) (from Ch. 111, par. 8351‑105)
(Section scheduled to be repealed on January 1, 2008)
Sec. 105.
Subpoenas; oaths; attendance of witnesses.
The Department has the power to subpoena and to bring before it
any person and to take testimony either orally or by deposition, or both,
with the same fees and mileage and in the same manner as prescribed in
civil cases in the courts of this State.
The Director, the designated hearing officer, and every member of the
Board has power to administer oaths to witnesses at any hearing that
the Department is authorized to conduct and any other oaths authorized in
any Act administered by the Department. Any circuit court may, upon application
of the Department or its designee, or of the applicant or licensee against whom
proceedings under this Act are pending, enter an order requiring the attendance
of witnesses and their testimony, and the production of documents, papers,
files, books and records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 87‑783; 87‑1237.)
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(225 ILCS 55/110) (from Ch. 111, par. 8351‑110)
(Section scheduled to be repealed on January 1, 2008)
Sec. 110.
Recommendations for disciplinary action.
At the
conclusion of the hearing, the Board shall present to the Director a
written report of its findings and recommendations. The report shall contain
a finding whether or not the accused person violated this Act or failed
to comply with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and shall make
its recommendations to the Director.
The report of findings and recommendations of the Board shall be the
basis for the Department's order for refusal or for the granting of a
license, or for any disciplinary action, unless the Director shall
determine that the Board's report is contrary to the manifest weight of the
evidence, in which case the Director may issue an order in contravention of
the Board's report. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of this Act, but
the hearing and finding are not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 87‑783.)
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(225 ILCS 55/115) (from Ch. 111, par. 8351‑115)
(Section scheduled to be repealed on January 1, 2008)
Sec. 115.
Rehearing.
In any hearing involving disciplinary action
against a licensee, a copy of the Board's report shall be
served upon the respondent by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20 calendar days
after service, the respondent may present to the Department a motion in writing
for a rehearing that shall specify the particular grounds for rehearing. If no
motion for rehearing is filed, then upon the expiration of the time specified
for filing a motion, or if a motion for rehearing is denied, then upon denial,
the Director may enter an order in accordance with recommendations of the
Board, except as provided in this Act. If the respondent orders from the
reporting service, and pays for, a transcript of the record within the time for
filing a motion for rehearing, the 20 calendar day period within which a motion
may be filed shall commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 87‑783; 87‑1237; 88‑45.)
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(225 ILCS 55/120) (from Ch. 111, par. 8351‑120)
(Section scheduled to be repealed on January 1, 2008)
Sec. 120.
Hearing by other examiner.
Whenever the Director is not
satisfied that substantial justice has been done in the revocation,
suspension or refusal to issue or renew a license, the Director may
order a rehearing by the same or other examiners.
(Source: P.A. 87‑783.)
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(225 ILCS 55/125) (from Ch. 111, par. 8351‑125)
(Section scheduled to be repealed on January 1, 2008)
Sec. 125.
Appointment of a hearing officer.
The Director has the
authority to appoint any attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer in any action for refusal
to issue or renew a license, or to discipline a licensee. The hearing
officer has full authority to conduct the hearing. The hearing officer
shall report his findings and recommendations to the Board and the
Director. The Board has 60 calendar days from receipt of the report to
review the report of the hearing officer and present its findings of fact,
conclusions of law and recommendations to the Director. If the Board fails
to present its report within the 60 calendar day period, the Director may
issue an order based on the report of the hearing officer.
If the Director disagrees with the recommendation of the Board or the
hearing officer, the Director may issue an order in contravention of the
recommendation.
(Source: P.A. 87‑783; 87‑1237.)
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(225 ILCS 55/130) (from Ch. 111, par. 8351‑130)
(Section scheduled to be repealed on January 1, 2008)
Sec. 130.
Order; certified copy.
An order or a certified copy thereof,
over the seal of the Department and purporting to be signed by the
Director, shall be prima facie proof:
(a) that the signature is the genuine signature of the Director;
(b) that the Director is duly appointed and qualified; and
(c) that the Board and its members are qualified to act.
(Source: P.A. 87‑783.)
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(225 ILCS 55/135) (from Ch. 111, par. 8351‑135)
(Section scheduled to be repealed on January 1, 2008)
Sec. 135.
Restoration.
At any time after the suspension or
revocation of any license, the Department may restore the license to the
accused person, upon the written recommendation of the Board, unless after
an investigation and a hearing the Board determines that restoration is not
in the public interest.
(Source: P.A. 87‑783.)
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(225 ILCS 55/140) (from Ch. 111, par. 8351‑140)
(Section scheduled to be repealed on January 1, 2008)
Sec. 140.
License surrender.
Upon the revocation or suspension of
any license, the licensee shall immediately surrender the license to the
Department. If the licensee fails to do so, the Department has the right to
seize the license.
(Source: P.A. 87‑783.)
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(225 ILCS 55/145) (from Ch. 111, par. 8351‑145)
(Section scheduled to be repealed on January 1, 2008)
Sec. 145.
Summary suspension.
The Director may summarily suspend the
license of a marriage and family therapist or an associate marriage and
family therapist without a hearing, simultaneously
with the institution of proceedings for a hearing provided for in this Act, if
the Director finds that evidence in his or her possession indicates that a
marriage and family therapist's or associate marriage and family
therapist's continuation in practice would constitute an
imminent danger to the public. In the event that the Director summarily
suspends the license of a marriage and family therapist or an associate
marriage and family therapist without a hearing, a
hearing by the Board must be held within 30 calendar days after the suspension
has occurred.
(Source: P.A. 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/150) (from Ch. 111, par. 8351‑150)
(Section scheduled to be repealed on January 1, 2008)
Sec. 150.
Judicial review.
All final administrative decisions of the
Department are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is defined as in
Section 3‑101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides; but
if the party is not a resident of this State, the venue shall be in
Sangamon County.
(Source: P.A. 87‑783.)
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(225 ILCS 55/155) (from Ch. 111, par. 8351‑155)
(Section scheduled to be repealed on January 1, 2008)
Sec. 155.
Certification of records.
The Department shall
not be required to certify any record to the Court or file any answer in
court or otherwise appear in any court in a judicial review proceeding,
unless there is filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and certifying
the record. Failure on the part of the plaintiff to file such receipt in
Court shall be grounds for dismissal of the action.
(Source: P.A. 87‑783.)
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(225 ILCS 55/160) (from Ch. 111, par. 8351‑160)
(Section scheduled to be repealed on January 1, 2008)
Sec. 160.
Violations; penalties.
Any person who is found to have violated
any provision of this Act is guilty of a Class A misdemeanor for the first
offense, and a Class 4 felony for second and subsequent offenses.
(Source: P.A. 87‑783; 87‑1237.)
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(225 ILCS 55/165) (from Ch. 111, par. 8351‑165)
(Section scheduled to be repealed on January 1, 2008)
Sec. 165.
Illinois Administrative Procedure Act.
The Illinois
Administrative
Procedure Act is expressly adopted and incorporated in this Act as if all
of the provisions of that Act were included in this Act, except that the
provision of paragraph (d) of Section 10‑65 of the
Illinois Administrative Procedure Act, which provides that at hearings the
license holder has the right to show compliance with all
lawful
requirements for retention, continuation or renewal of the certificate,
is
specifically excluded. For the purpose of this Act the notice required under
Section 10‑25 of the Illinois Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 55/170) (from Ch. 111, par. 8351‑170)
(Section scheduled to be repealed on January 1, 2008)
Sec. 170.
Home rule.
The regulation and licensing of marriage and family
therapists and associate marriage and family therapists are exclusive
powers and functions of the State. A home
rule unit may not regulate or license marriage and family therapists or
associate marriage and family therapists.
This Section is a denial and limitation of home rule powers and functions
under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 91‑362, eff. 1‑1‑00.)
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(225 ILCS 55/200) (from Ch. 111, par. 8351‑200)
(Section scheduled to be repealed on January 1, 2008)
Sec. 200.
This Act takes effect January 1, 1992.
(Source: P.A. 87‑783.)
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