(225 ILCS 15/2)
(from Ch. 111, par. 5352)
(Section scheduled to be repealed on January 1, 2017)
Sec. 2.
Definitions.
As used in this Act:
(1) "Department" means the Department of Financial
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and Professional Regulation.
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(2) "Secretary" means the Secretary of Financial
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and Professional Regulation.
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(3) "Board" means the Clinical Psychologists
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Licensing and Disciplinary Board appointed by the Secretary.
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(4) "Person" means an individual, association,
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partnership or corporation.
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(5) "Clinical psychology" means the independent
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evaluation, classification and treatment of mental, emotional, behavioral or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, the psychological aspects of physical illness. The practice of clinical psychology includes psychoeducational evaluation, therapy, remediation and consultation, the use of psychological and neuropsychological testing, assessment, psychotherapy, psychoanalysis, hypnosis, biofeedback, and behavioral modification when any of these are used for the purpose of preventing or eliminating psychopathology, or for the amelioration of psychological disorders of individuals or groups. "Clinical psychology" does not include the use of hypnosis by unlicensed persons pursuant to Section 3.
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(6) A person represents himself to be a "clinical
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psychologist" within the meaning of this Act when he or she holds himself out to the public by any title or description of services incorporating the words "psychological", "psychologic", "psychologist", "psychology", or "clinical psychologist" or under such title or description offers to render or renders clinical psychological services as defined in paragraph (7) of this Section to individuals, corporations, or the public for remuneration.
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(7) "Clinical psychological services" refers to any
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services under paragraph (5) of this Section if the words "psychological", "psychologic", "psychologist", "psychology" or "clinical psychologist" are used to describe such services by the person or organization offering to render or rendering them.
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This Act shall not apply to persons lawfully carrying on their particular
profession or business under any valid existing regulatory Act of the State.
(Source: P.A. 94‑870, eff. 6‑16‑06.)
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(225 ILCS 15/10) (from Ch. 111, par. 5360)
(Section scheduled to be repealed on January 1, 2007)
Sec. 10.
Qualifications of applicants; examination.
The Department,
except as provided in Section 11 of this Act,
shall issue a license as a clinical psychologist to any person who pays an
application fee and who:
(1) is at least 21 years of age; and has not engaged |
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in conduct or activities which would constitute grounds for discipline under this Act;
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(2) (blank);
(3) is a graduate of a doctoral program from a
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college, university or school accredited by the regional accrediting body which is recognized by the Council on Postsecondary Accreditation and is in the jurisdiction in which it is located for purposes of granting the doctoral degree and either:
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(a) is a graduate of a doctoral program in
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clinical, school or counseling psychology either accredited by the American Psychological Association or approved by the Council for the National Register of Health Service Providers in Psychology or other national board recognized by the Board, and has completed 2 years of satisfactory supervised experience in clinical, school or counseling psychology at least one of which is an internship and one of which is postdoctoral; or
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(b) holds a doctoral degree from a recognized
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college, university or school which the Department, through its rules, establishes as being equivalent to a clinical, school or counseling psychology program and has completed at least one course in each of the following 7 content areas, in actual attendance at a recognized university, college or school whose graduates would be eligible for licensure under this Act: scientific and professional ethics, biological basis of behavior, cognitive‑affective basis of behavior, social basis of behavior, individual differences, assessment, and treatment modalities; and has completed 2 years of satisfactory supervised experience in clinical, school or counseling psychology, at least one of which is an internship and one of which is postdoctoral; or
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(c) holds a doctorate in psychology or in a
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program whose content is psychological in nature from an accredited college, university or school not meeting the standards of paragraph (a) or (b) of this subsection (3) and provides evidence of the completion of at least one course in each of the 7 content areas specified in paragraph (b) in actual attendance at a recognized university, school or college whose graduate would be eligible for licensure under this Act; and has completed an appropriate practicum, an internship or equivalent supervised clinical experience in an organized mental health care setting and 2 years of satisfactory supervised experience in clinical or counseling psychology, at least one of which is postdoctoral; and
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(4) has passed an examination authorized by the
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Department to determine his or her fitness to receive a license.
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Applicants for licensure under subsection (3)(a) and
(3)(b) of
this Section shall complete 2 years of satisfactory supervised
experience, at
least one of which shall be an internship and one of which shall be
postdoctoral. A year of supervised experience is defined as not less than
1,750 hours obtained in not less than 50 weeks based on 35 hours per week
for full‑time work experience. Full‑time supervised experience will be
counted only if it is obtained in a single setting for a minimum of 6 months.
Part‑time and internship experience will be counted only if it
is 18 hours or more a week for a minimum of 9 months and is in a
single setting. The internship experience required under
subsection
(3)(a) and (3)(b) of this Section shall be a
minimum of 1,750 hours completed within 24 months.
Programs leading to a doctoral degree require minimally the equivalent
of 3 full‑time academic years of graduate study, at least 2 years of
which are at the institution from which the degree is granted, and of which
at least one year or its equivalent is in residence at the institution from
which the degree is granted. Course work for which credit is given for life
experience will not be accepted by the Department as fulfilling the
educational requirements for licensure. Residence requires interaction
with psychology faculty and other matriculated psychology students; one
year's residence or its equivalent is defined as follows:
(a) 30 semester hours taken on a full‑time or
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part‑time basis at the institution accumulated within 24 months, or
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(b) a minimum of 350 hours of student‑faculty
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contact involving face‑to‑face individual or group courses or seminars accumulated within 18 months. Such educational meetings must include both faculty‑student and student‑student interaction, be conducted by the psychology faculty of the institution at least 90% of the time, be fully documented by the institution, and relate substantially to the program and course content. The institution must clearly document how the applicant's performance is assessed and evaluated.
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To meet the requirement for satisfactory supervised experience, under
this Act the supervision must be performed pursuant to the order, control
and full professional responsibility of a licensed clinical psychologist.
The clients shall be the clients of the agency or supervisor rather than
the supervisee. Supervised experience in which the supervisor receives
monetary payment or other consideration from the supervisee or in which the
supervisor is hired by or otherwise employed by the supervisee shall not be
accepted by the Department as fulfilling the practicum, internship or 2
years of satisfactory supervised experience requirements for licensure.
Examinations for applicants under this Act shall be held at the direction
of the Department from time to time but not less than once each year. The
scope and form of the examination shall be determined by the Department.
Each applicant for a license who possesses the necessary qualifications
therefor shall be examined by the Department, and shall pay to the
Department, or its designated testing service, the required examination
fee, which fee shall not be refunded by the Department.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 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.
An applicant has one year from the date of notification of
successful completion of the examination to apply to the Department for a
license. If an applicant fails to apply within one year, the applicant shall
be required to take and pass the examination again unless licensed in
another jurisdiction of the United States within one year of passing the
examination.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 15/11) (from Ch. 111, par. 5361)
(Section scheduled to be repealed on January 1, 2007)
Sec. 11.
Persons licensed in other jurisdictions.
(a) The Department may, in its discretion, grant a license on payment of the
required fee to any person who, at the time of application, is
licensed by a similar board of another state or the United States or of a
foreign country or province whose standards, in the
opinion of the Department, were substantially equivalent,
at the date of his or her licensure in the other jurisdiction, to the
requirements
of this Act or to any person who, at the time of his or her licensure,
possessed
individual qualifications that were substantially equivalent to
the
requirements then in force in this State.
(b) The Department may issue a license, upon recommendation of the Board,
to an individual applicant who:
(1) has been licensed based on a doctorate degree to |
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practice psychology in one or more other states or Canada for at least 20 years;
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(2) has had no disciplinary action taken against his
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or her license in any other jurisdiction during the entire period of licensure;
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(3) submits the appropriate fee and application;
(4) has not violated any provision of this Act or
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the rules adopted under this Act; and
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(5) complies with all additional rules promulgated
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The Department may promulgate rules to further define these licensing
criteria.
(c) Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 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. 89‑387, eff. 8‑20‑95; 89‑626, eff. 8‑9‑96; 89‑702, eff.
7‑1‑97.)
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(225 ILCS 15/15)
(from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2017)
Sec. 15.
Disciplinary action; grounds.
The Department may refuse to
issue, refuse to renew, suspend,
or revoke any license, or may place on probation, censure, reprimand, or
take other disciplinary action deemed appropriate by the Department,
including the imposition of fines not to exceed $10,000 for each violation,
with regard to any license issued under the provisions of this Act for any
one or a combination of the following reasons:
(1) Conviction of, or entry of a plea of guilty or
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nolo contendere to, any crime that is a felony under the laws of the United States or any state or territory thereof or that is a misdemeanor of which an essential element is dishonesty, or any crime that is directly related to the practice of the profession.
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(2) Gross negligence in the rendering of clinical
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(3) Using fraud or making any misrepresentation in
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applying for a license or in passing the examination provided for in this Act.
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(4) Aiding or abetting or conspiring to aid or abet a
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person, not a clinical psychologist licensed under this Act, in representing himself or herself as so licensed or in applying for a license under this Act.
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(5) Violation of any provision of this Act or the
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rules promulgated thereunder.
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(6) Professional connection or association with any
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person, firm, association, partnership or corporation holding himself, herself, themselves, or itself out in any manner contrary to this Act.
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(7) Unethical, unauthorized or unprofessional conduct
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as defined by rule. In establishing those rules, the Department shall consider, though is not bound by, the ethical standards for psychologists promulgated by recognized national psychology associations.
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(8) Aiding or assisting another person in violating
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any provisions of this Act or the rules promulgated thereunder.
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(9) Failing to provide, within 60 days, information
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in response to a written request made by the Department.
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(10) Habitual or excessive use or addiction to
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alcohol, narcotics, stimulants, or any other chemical agent or drug that results in a clinical psychologist's inability to practice with reasonable judgment, skill or safety.
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(11) Discipline by another state, territory, the
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District of Columbia or foreign country, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
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(12) Directly or indirectly giving or receiving from
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any person, firm, corporation, association or partnership any fee, commission, rebate or other form of compensation for any professional service not actually or personally rendered.
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(13) A finding by the Board that the licensee, after
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having his or her license placed on probationary status has violated the terms of probation.
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(14) Willfully making or filing false records or
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reports, including but not limited to, false records or reports filed with State agencies or departments.
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(15) Physical illness, including but not limited to,
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deterioration through the aging process, mental illness or disability that results in the inability to practice the profession with reasonable judgment, skill and safety.
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(16) Willfully failing to report an instance of
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suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
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(17) Being named as a perpetrator in an indicated
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report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
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(18) Violation of the Health Care Worker
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(19) Making a material misstatement in furnishing
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information to the Department, any other State or federal agency, or any other entity.
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(20) Failing to report to the Department any adverse
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judgment, settlement, or award arising from a liability claim related to an act or conduct similar to an act or conduct that would constitute grounds for action as set forth in this Section.
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(21) Failing to report to the Department any adverse
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final action taken against a licensee or applicant by another licensing jurisdiction, including any other state or territory of the United States or any foreign state or country, or any peer review body, health care institution, professional society or association related to the profession, governmental agency, law enforcement agency, or court for an act or conduct similar to an act or conduct that would constitute grounds for disciplinary action as set forth in this Section.
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The entry of an order by any circuit court establishing that any person
holding a license under this Act is subject to involuntary admission or
judicial admission as provided for in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension of that license. That
person may have his or her license restored only upon the determination by
a circuit
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 Board's recommendation to the
Department that the
license be restored. Where the circumstances so indicate, the Board may
recommend to the Department that it require an examination prior to restoring
any license so automatically suspended.
The Department may refuse to issue or may suspend the license of any person
who fails to file a return, or to pay the tax, penalty or interest shown in
a filed return, or to pay any final assessment of the tax penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax
Act are satisfied.
In enforcing this Section, the Board upon a showing of a possible
violation may compel any person licensed to practice under this Act, or
who has applied for licensure or certification pursuant to this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The examining physicians or clinical psychologists
shall be those specifically designated by the Board.
The Board or the Department may order the examining physician or clinical
psychologist to present testimony concerning this 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 or clinical psychologist.
The person to be examined may have, at his or her own expense, another
physician or clinical psychologist of his or her choice present during all
aspects of the examination. Failure of any person to submit to a mental or
physical examination, when directed, shall be grounds for suspension of a
license until the person submits to the examination if the Board finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Board finds a person unable to practice because of the reasons
set forth in this Section, the Board may require that person to submit to
care, counseling or treatment by physicians or clinical psychologists approved
or designated by the Board, as a condition, term, or restriction for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling or treatment,
the
Board may recommend to the Department to file a complaint to immediately
suspend, revoke or otherwise discipline the license of the person.
Any person whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions or restrictions, and who fails to comply with
such terms, conditions or restrictions, shall be referred to the Secretary for a
determination as to whether the person shall have his or her license
suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Board within 15 days after the suspension and completed without appreciable
delay.
The Board shall have the authority to review the subject person's record of
treatment and counseling regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the 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. 94‑870, eff. 6‑16‑06.)
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