There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 20/ Clinical Social Work and Social Work Practice Act.
(225 ILCS 20/1) (from Ch. 111, par. 6351)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1.
Declaration of public policy.
The purpose of this
Act is to protect and to benefit the public by setting standards
of qualifications, education, training and experience for those
who seek to engage in the independent practice of clinical
social work and in the practice of social work and to promote high
standards of professional performance for those engaged in the independent
practice of clinical social work and in the practice of social work in the
State of Illinois. Such practice is hereby declared to affect the public
health, safety and welfare and should be subject to regulation in the
public interest.
(Source: P.A. 85‑1131.)
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(225 ILCS 20/2) (from Ch. 111, par. 6352)
(Section scheduled to be repealed on January 1, 2008)
Sec. 2.
Short title.
This Act may be cited as
the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 85‑1131; 86‑1475.)
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(225 ILCS 20/3) (from Ch. 111, par. 6353)
(Section scheduled to be repealed on January 1, 2008)
Sec. 3.
Definitions:
The following words and phrases shall have the
meanings ascribed to them in this Section unless the context clearly
indicates otherwise:
1. "Department" means the Department of Professional Regulation.
2. "Director" means the Director of the Department of Professional
Regulation.
3. "Board" means the Social Work Examining and Disciplinary Board.
4. "Licensed Clinical Social Worker" means a person who holds a license
authorizing the independent practice of clinical social work in Illinois
under the auspices of an employer or in private practice.
5. "Clinical social work practice" means the providing of mental health
services for the evaluation, treatment, and prevention of mental and
emotional disorders in individuals, families and groups based on knowledge
and theory of psychosocial development, behavior, psychopathology,
unconscious motivation, interpersonal relationships, and environmental stress.
6. "Treatment procedures" means among other things, individual,
marital, family and group psychotherapy.
7. "Independent practice of clinical social work" means the application
of clinical social work knowledge and skills by a licensed clinical social
worker who regulates and is responsible for her or his own practice or
treatment procedures.
8. "License" means that which is required to practice clinical social
work or social work under this Act, the qualifications for which include specific
education, acceptable experience and examination requirements.
9. "Licensed social worker" means a person who holds a license authorizing
the practice of social work, which includes social services to individuals,
groups or communities in any one
or more of the fields of social casework, social group work, community
organization for social welfare, social work research, social welfare
administration or social work education. Social casework and social group
work may also include clinical social work, as long as it is not conducted
in an independent practice, as defined in this Section.
(Source: P.A. 85‑1440.)
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(225 ILCS 20/4) (from Ch. 111, par. 6354)
(Section scheduled to be repealed on January 1, 2008)
Sec. 4.
Exemptions.
1. This Act does not prohibit any of the following:
(a) Any persons legally regulated in this State | ||
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(b) The practice of clinical social work or social | ||
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(c) The practice of a student pursuing a course of | ||
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2. Nothing in this Act shall be construed to apply to any person engaged
in the bona fide practice of religious ministry provided the person does not
hold himself out to be engaged in the independent practice of clinical social
work or the practice of social work.
3. This Act does not prohibit a person serving as a volunteer so long
as no representation prohibited by this Section is made.
4. Nothing contained in this Act shall be construed to require any
hospital, clinic, home health agency, hospice, or other entity which
provides health care to employ or to contract with a licensed clinical
social worker to provide clinical social work practice or the independent
practice of clinical social work as described in this Act.
(Source: P.A. 88‑620, eff. 1‑1‑95.)
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(225 ILCS 20/5) (from Ch. 111, par. 6355)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.
Powers and duties of the Department.
1. The Department shall exercise the powers and duties as set
forth in this Act.
2. The Director shall promulgate rules consistent with the provisions of
this Act for the administration and enforcement thereof, and shall
prescribe forms which shall be issued in connection therewith.
3. In addition, the Department shall:
(a) Establish rules for determining approved undergraduate
and graduate social work degree
programs and prepare and maintain a list of colleges and universities
offering such approved programs whose graduates, if they otherwise meet the
requirements of this Act, are eligible to apply for a license.
(b) Promulgate rules, as may be necessary, for the administration of
this Act and to carry out the purposes thereof and to adopt the methods of
examination of candidates and to provide for the issuance of licenses
authorizing the independent practice of clinical social work or the
practice of social work.
(c) Authorize examinations to ascertain the qualifications and fitness
of candidates for a license to engage in the independent practice of
clinical social work and in the practice of social work, and to
determine the qualifications of applicants from
other jurisdictions to practice in Illinois.
(d) Maintain rosters of the names and addresses of all licensees, and
all persons whose licenses have been suspended, revoked or denied renewal
for cause within the previous calendar year. These rosters shall be
available upon written request and payment of the required fee.
(Source: P.A. 85‑1131.)
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(225 ILCS 20/6) (from Ch. 111, par. 6356)
(Section scheduled to be repealed on January 1, 2008)
Sec. 6.
Social Work Examining and Disciplinary Board.
(1) The Director shall appoint a Social Work Examining and
Disciplinary Board consisting of 9 persons who shall serve in an
advisory capacity to the Director. The Board shall be composed of 5
licensed clinical social workers, one of whom shall be a certified school
social worker, one of whom shall be employed in the private not‑for‑profit
sector and one of whom shall serve as the chairperson, two licensed social
workers, and 2 members of the public who are not regulated under this Act
or a similar Act and who clearly represent consumer interests.
(2) Members shall serve for a term of 4 years and until their
successors are appointed and qualified. No member shall be
reappointed if such reappointment would cause that person's service on the
Board to be longer than 8 successive years. Appointments to fill vacancies
for the unexpired portion of a vacated term shall be made in the same
manner as original appointments.
(3) The membership of the Board should reasonably reflect
representation from different geographic areas of Illinois.
(4) The Director may terminate the appointment of any member for
cause.
(5) The Director shall consider the recommendation of the Board
on all matters and questions relating to this Act.
(6) The Board is charged with the duties and responsibilities of
recommending to the Director the adoption of all policies, procedures and
rules which may be required or deemed advisable in order to perform the
duties and functions conferred on the Board, the Director and the
Department to carry out the provisions of this Act.
(7) The Board shall make recommendations on all matters relating to
continuing education including the number of hours necessary for license
renewal, waivers for those unable to meet such requirements and acceptable
course content. Such recommendations shall not impose an undue burden on
the Department or an unreasonable restriction on those seeking license renewal.
(8) The Board shall annually elect one of its members as chairperson and
one as vice chairperson.
(9) Members of the Board shall be reimbursed for all authorized legitimate
and necessary expenses incurred in attending the meetings of the Board.
(10) A majority of the Board members currently appointed shall constitute a
quorum. A vacancy in the membership of the Board shall not impair the right of
a quorum to perform all of the duties of the Board.
(11) Members of the Board shall have no liability in an action based upon
a disciplinary proceeding or other activity performed in good faith as a
member of the Board.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/7) (from Ch. 111, par. 6357)
(Section scheduled to be repealed on January 1, 2008)
Sec. 7.
Applications for original license.
Applications for original
licenses shall be made to the Department on forms prescribed by the
Department and accompanied by the required fee which shall not be refundable.
All applications shall contain such information which, in the judgment of the
Department, will enable the Department to pass on the qualifications of
the applicant for a license as a licensed clinical social
worker or as a licensed social worker.
A license to practice shall not be denied an applicant because of the
applicant's race, religion, creed, national origin, political beliefs or
activities, age, sex, sexual orientation, or physical impairment.
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. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/7.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 7.5.
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 20/8) (from Ch. 111, par. 6358)
(Section scheduled to be repealed on January 1, 2008)
Sec. 8.
Examination.
(1) The
Department shall authorize examinations of applicants at such times and
places as it may determine. Each examination shall be of a character to
fairly test the competence and qualifications of the applicants to practice
as a licensed clinical social worker or as a licensed social worker.
(2) Applicants for examination shall pay, either to the
Department or to
the designated testing service, a fee covering the cost of determining the
applicant's eligibility and of providing the examination. Failure to
appear for the examination on the scheduled date at the time and place
specified after the applicant's application for examination has been
received and acknowledged by the Department or the designated testing
service shall result in forfeiture of the examination fee.
(3) (Blank).
(4) The Department may employ consultants for the purpose of
preparing and conducting examinations.
(5) 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 examination
scores shall be void and 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. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/8.1) (from Ch. 111, par. 6358.1)
Sec. 8.1.
(Repealed).
(Source: P.A. 86‑1007. Repealed by P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/9) (from Ch. 111, par. 6359)
(Section scheduled to be repealed on January 1, 2008)
Sec. 9.
Qualification for License.
A person shall be qualified to be
licensed as a clinical social worker and the Department shall issue a
license authorizing the independent practice of clinical social work to
an applicant who:
(1) has applied in writing on the prescribed form;
(2) is of good moral character. In determining good moral
character, the Department may take into consideration whether the applicant was
engaged in conduct or actions that would constitute grounds for discipline
under this
Act;
(3) (A) demonstrates to the satisfaction of the | ||
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(B) demonstrates to the satisfaction of the | ||
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(4) has passed the examination for the practice of clinical
social work
as authorized by the Department; and
(5) has paid the required fees.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/9A) (from Ch. 111, par. 6359A)
(Section scheduled to be repealed on January 1, 2008)
Sec. 9A.
Qualifications for license as licensed social worker.
A
person shall be qualified to be licensed as a licensed social worker and
the Department shall issue a license authorizing the practice of social
work to an applicant who:
(1) has applied in writing on the prescribed form;
(2) is of good moral character, as defined in subsection (2) of
Section 9;
(3) (a) has a degree from a graduate program of social | ||
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(b) has a degree in social work from an | ||
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(4) has passed the examination for the practice of social work as
a licensed social worker as authorized by the Department; and
(5) has paid the required fees.
(Source: P.A. 90‑150, eff. 12‑30‑97; 91‑357, eff. 7‑29‑99.)
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(225 ILCS 20/10) (from Ch. 111, par. 6360)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.
License restrictions and limitations.
(a) No person shall, without a license as a social worker
issued by the Department: (i) in any manner hold himself or herself out to the
public as a social worker under this Act; (ii) use the title "social worker" or
"licensed social worker"; or (iii) offer to render to individuals,
corporations, or the public social work services if the words "social work" or
"licensed social worker" are used to describe the person offering to render or
rendering the services or to describe the services rendered or offered to be
rendered.
(b) No person shall, without a license as a clinical social worker
issued by the Department: (i) in any manner hold himself or herself out to the
public as a clinical social worker or licensed clinical social worker under
this Act; (ii) use the title "clinical social worker" or "licensed clinical
social worker"; or (iii) offer to render to individuals, corporations, or the
public clinical social work services if the words "licensed clinical social
worker" or "clinical social work" are used to describe the person to render or
rendering the services or to describe the
services rendered or offered to be rendered.
(c) Licensed social workers may not engage in independent practice of
clinical social work without a clinical social worker license. In independent
practice, a licensed social worker shall practice at all times under the order,
control, and full professional responsibility of a licensed clinical social
worker, a licensed clinical psychologist, or a psychiatrist, as defined in
Section 1‑121 of the Mental Health and Developmental Disabilities Code.
(d) No association or partnership shall be granted a license unless every
member, partner, and employee of the association or partnership, who practices
social work or clinical social work, or who renders social work or clinical
social work services, holds a current license issued under this Act.
No license shall be issued to a corporation, the stated purpose of which
includes or that practices or holds itself out as available to practice
social work or clinical social work unless it is organized under the
Professional Service Corporation Act.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/10.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.5.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds himself or herself out to practice as a clinical social worker or
social worker
without being
licensed or exempt under this Act shall, in addition to any other penalty
provided by law, pay a civil penalty to the Department in an amount not to
exceed $5,000 for each offense, as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding the provision of
a hearing for the discipline of a licensee.
(b) The Department may investigate any actual, alleged, or suspected
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/11) (from Ch. 111, par. 6361)
(Section scheduled to be repealed on January 1, 2008)
Sec. 11.
Licenses.
(a) A license shall be issued for a 2 year period; however the
expiration date for licenses issued under this Act shall be set by rule.
The licensee may renew a license during the 30‑day period preceding the
expiration date by paying the required fee and by demonstrating compliance
with any continuing education requirements. Proof of having met the minimum
requirements of continuing education, as determined by rule, shall be
required for all license renewals. Pursuant to rule, the continuing
education requirements may, upon petition to the Board, be waived in whole
or in part for licensed social workers or licensed clinical social workers
who can demonstrate their service in the Coast Guard or Armed Forces during
the period in question, an extreme hardship, or that the license was
obtained by examination or endorsement within the preceding renewal period.
The Department shall establish, by rule, a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished by audits of records maintained by
licensees, by requiring the filing of continuing education records with
the Department or an organization selected by the Department to maintain these
records, or by other means established by the Department.
(b) Any person who has permitted a license to expire or who has a
license on inactive status may have it restored by making an application to
the Department and filing proof of fitness to have the license restored,
including, if appropriate, evidence, which is satisfactory to the
Department, certifying the active practice of clinical social work or
social work in another jurisdiction and by paying the required fee.
If the person has not maintained an active practice in another
jurisdiction which is satisfactory to the Department, the Department
shall determine, by an evaluation program recommended by the Board and
established by rule, the person's fitness to resume active status and the
Department may require the person to pass an examination. The Department,
with the recommendation of the Board, may also require the person to
complete a specific period of evaluated clinical social work or social
work experience.
However, any person whose license expired while on active duty with
the armed forces of the United States, while called into service or
training with the State Militia or in training or education under the
supervision of the United States government prior to induction into the
military service may have his or her license restored without paying any
renewal
fees if, within 2 years after the honorable termination of that service,
training or education, except under conditions other than honorable, the
Department is furnished with satisfactory evidence that the person has been
so engaged and that the service, training or education has
been so terminated.
(c) Any person who notifies the Department, in writing
on forms prescribed by the Department, may place his license on inactive
status and shall be excused from the payment of renewal fees until the
person notifies the Department in writing of his intention to resume active
practice.
Any person requesting that his 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.
(d) Any licensed clinical social worker or licensed social
worker whose license is on inactive status shall not engage in the
independent practice of clinical social work or in the practice of social
work in the State of Illinois. If an individual engages in the independent
practice of clinical social work or in the practice of social work while on
inactive status, that individual is considered to be practicing without a
license and is subject to the disciplinary provisions of this Act.
(e) (Blank).
(f) (Blank).
(g) The Department shall indicate on each license the academic degree of
the licensee.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/12) (from Ch. 111, par. 6362)
Sec. 12.
(Repealed).
(Source: P.A. 85‑1440. Repealed by P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/12.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 12.5.
Endorsement.
The Department may issue a license as a
clinical social worker or as a social worker, without the required
examination, to an applicant licensed under the laws of another jurisdiction if
the requirements for licensure in that jurisdiction are, on the date of
licensure, substantially equivalent to the requirements of this Act or to any
person
who, at the time of his or her licensure, possessed individual qualifications
that were substantially equivalent to the requirements then in force in this
State. An applicant under this Section shall pay the required fees.
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. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/13) (from Ch. 111, par. 6363)
(Section scheduled to be repealed on January 1, 2008)
Sec. 13.
Fees.
(a) Except as provided in subsection (b), the fees for the administration
and enforcement of this Act, including but not limited to fees for original
licensure, renewal, and restoration, shall be set by rule. The fees shall not
be refundable.
(b) Applicants for examination shall be required to pay, either to the
Department or the designated testing service, a fee covering the cost of
initial screening to determine 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 for examination has been
received and acknowledged by the Department or the designated testing service,
shall result in the forfeiture of the examination fee.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/13.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 13.1.
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. 88‑91; 88‑683, eff. 1‑24‑95.)
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(225 ILCS 20/14) (from Ch. 111, par. 6364)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14.
Checks or order to Department dishonored because of insufficient
funds.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate 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 or
certificate 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 20/15) (from Ch. 111, par. 6365)
Sec. 15.
(Repealed).
(Source: P.A. 86‑615. Repealed by P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/16) (from Ch. 111, par. 6366)
(Section scheduled to be repealed on January 1, 2008)
Sec. 16.
Privileged Communications and Exceptions.
1. No licensed clinical social worker or licensed social worker shall
disclose any information acquired from persons consulting the social worker
in a professional capacity, except that which may be voluntarily disclosed
under the following circumstances:
(a) In the course of formally reporting, conferring | ||
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(b) With the written consent of the person who | ||
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(c) In case of death or disability, with the written | ||
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(d) When a communication reveals the intended | ||
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(e) When the person waives the privilege by bringing | ||
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(f) When the information is acquired during the | ||
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2. When the person is a minor under the laws of the State of Illinois
and the information acquired by the licensed clinical social worker or
licensed social worker indicates the minor was
the victim or subject of a crime, the licensed clinical social worker or
licensed social worker may be required to testify
in any judicial proceedings in which the commission of that crime is the
subject of inquiry and when, after in camera review of the information that
the licensed clinical social worker or licensed social worker acquired,
the court determines that the interests of the
minor in having the information held privileged are outweighed by the
requirements of justice, the need to protect the public safety or the need
to protect the minor, except as provided under the Abused and Neglected
Child Reporting Act.
3. Any person having access to records or any one who participates in
providing social work services or who, in providing any human services,
is supervised by a licensed clinical social worker or licensed social
worker, is similarly bound to regard all information
and communications as privileged in accord with this Section.
4. Nothing shall be construed to prohibit a licensed
clinical social worker or licensed social worker from
voluntarily testifying in court hearings concerning matters of adoption, child
abuse, child neglect or other matters pertaining to children,
except as provided under the Abused and Neglected Child Reporting Act.
5. The Mental Health and Developmental Disabilities Confidentiality
Act, as now or hereafter amended, is incorporated herein as if all of its
provisions were included in this Act.
(Source: P.A. 89‑387, eff. 8‑20‑95.)
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(225 ILCS 20/17) (from Ch. 111, par. 6367)
(Section scheduled to be repealed on January 1, 2008)
Sec. 17.
Advertising.
(A) Persons licensed under this Act may
advertise the availability of their professional services as permitted by
law, provided that such advertising is true and not misleading.
Representing that social work services or clinical social work services
are used or made available by individuals who are not licensed under the
provisions of this Act is deemed to be false and misleading and is subject
to the provisions of Section 35 of this Act.
(B) A licensee shall include in every advertisement for services regulated
under
this Act his or her title as it appears on the license or the initials
authorized under this Act.
(Source: P.A. 91‑310, eff. 1‑1‑00.)
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(225 ILCS 20/18) (from Ch. 111, par. 6368)
(Section scheduled to be repealed on January 1, 2008)
Sec. 18.
Practice by Corporations.
No license shall be issued by the
Department to any corporation which has a stated purpose that includes or
which practices or which holds itself out as available to practice clinical
social work, unless it is organized under the provisions of The
Professional Service Corporation Act.
(Source: P.A. 85‑1131.)
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(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2008)
Sec. 19.
Grounds for disciplinary action.
(1) 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 $1,000 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:
(a) material misstatements of fact in furnishing | ||
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(b) violations or negligent or intentional disregard | ||
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(c) conviction of any crime under the laws of the | ||
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(d) making any misrepresentation for the purpose of | ||
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(e) professional incompetence;
(f) malpractice;
(g) aiding or assisting another person in violating | ||
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(h) failing to provide information within 60 days in | ||
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(i) engaging in dishonorable, unethical or | ||
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(j) habitual or excessive use or addiction to | ||
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(k) discipline by another jurisdiction, if at least | ||
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(1) directly or indirectly giving to or receiving | ||
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(m) a finding by the Board that the licensee, after | ||
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(n) abandonment, without cause, of a client;
(o) wilfully filing false reports relating to a | ||
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(p) wilfully failing to report an instance of | ||
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(q) being named as a perpetrator in an indicated | ||
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(r) physical or mental disability, including | ||
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(s) solicitation of professional services by using | ||
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(t) violation of the Health Care Worker | ||
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(2) (Blank).
(3) The determination by a court that a licensee is subject to
involuntary
admission or judicial admission as provided in the Mental Health and
Developmental Disabilities Code, will result in an automatic suspension of his
license. Such suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial admission and issues
an order so finding and discharging the patient, and upon the recommendation of
the Board to the Director that the licensee be allowed to resume professional
practice.
(4) The Department may refuse to issue or may suspend the license of a
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 Department of Revenue,
until the requirements of the tax Act are satisfied.
(5) In enforcing this Section, the Board upon a showing of a possible
violation may compel a 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
shall be those specifically designated by the Board.
The Board or the Department may order the examining physician
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.
The person to be examined may have, at his or her own expense, another
physician 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
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 Director 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 Director 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. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/20) (from Ch. 111, par. 6370)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20.
Violations ‑ Injunction ‑ Cease and desist order.
1. If any person violates the provisions of this Act, the Director may,
in the name of the People of the State of Illinois, through the Attorney
General, petition for an order enjoining such violation or for an order
enforcing compliance with this Act. Upon the filing of a verified petition,
the court with appropriate jurisdiction may issue a temporary restraining
order without notice or bond, and may preliminarily and permanently enjoin
such violation. If it is established that such person has violated or is
violating the injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to all other
remedies and penalties provided by this Act.
2. If any person shall hold herself or himself out as a licensed
clinical social worker or licensed social worker and is not licensed under
this Act, then any licensed clinical social worker, licensed social worker,
interested party or any person injured thereby may petition for relief as
provided in subsection (1) of this Section.
3. Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against such person. The
rule shall clearly set forth the grounds relied upon by the Department and
shall allow at least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the satisfaction of
the Department shall cause an order to cease and desist to be issued.
(Source: P.A. 85‑1131.)
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(225 ILCS 20/21) (from Ch. 111, par. 6371)
(Section scheduled to be repealed on January 1, 2008)
Sec. 21.
Investigations; notice and hearing.
The Department may
investigate the actions of any applicant or of any person holding or
claiming to hold a license. The Department shall, before refusing to issue
or renew a license, at least 30 days prior to the date set for the
hearing,
notify, in writing, the applicant for, or holder of, a license of the nature
of the charges and that a hearing will be held on the date designated.
The Department shall direct the applicant or licensee to file a written
answer to the Board under oath within 20 days after the service of the
notice and inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or licensee and
that the license or certificate may be
suspended, revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature or extent of
practice, as the Director may deem proper. Written notice may be served by personal delivery or certified or
registered mail to the applicant or licensee at the address of the last
notification to the Department.
In case the person fails to file an answer after receiving notice, his or
her license or certificate 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.
At the time and place fixed in the notice,
the Board shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present any statements,
testimony, evidence and argument as may be pertinent to the charges or to
their defense. The Board may continue a hearing from time to time.
(Source: P.A. 87‑1031.)
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(225 ILCS 20/22) (from Ch. 111, par. 6372)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.
Record of Proceedings; transcript.
The Department, at its
expense, shall preserve a record of all proceedings at the formal hearing
of any case involving the refusal to issue or to renew a license. The
notice of hearing, complaint, all other documents in the nature of
pleadings, 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 such proceeding.
The Department shall furnish a transcript of the record to any person 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. 90‑150, eff. 12‑30‑97; 91‑239, eff. 1‑1‑00.)
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(225 ILCS 20/23) (from Ch. 111, par. 6373)
(Section scheduled to be repealed on January 1, 2008)
Sec. 23.
Subpoenas ‑ Depositions ‑ Oaths.
The Department shall have
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 shall have power to administer oaths to witnesses at any hearing
which the Department is authorized to conduct, and any other oaths
authorized in any Act administered by the Department.
(Source: P.A. 85‑967.)
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(225 ILCS 20/24) (from Ch. 111, par. 6374)
(Section scheduled to be repealed on January 1, 2008)
Sec. 24.
Compelling Testimony.
Any court, upon application of the
Department, designated hearing officer or the applicant or licensee against
whom proceedings under Section 17 of this Act are pending, may 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. 85‑967.)
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(225 ILCS 20/25) (from Ch. 111, par. 6375)
(Section scheduled to be repealed on January 1, 2008)
Sec. 25.
Findings and recommendations.
At the conclusion of the
hearing the Board shall present to the Director a written report of its
findings of fact, conclusions of law and recommendations. The report shall
contain a finding whether or not the licensee 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 of fact, conclusions of law and recommendation of
the Board shall be the basis for the Department's order or refusal or for
the granting of the license. If the Director disagrees with the
recommendations of the Board, the Director may issue an order in
contravention thereof. The Director shall provide a written report to the
Board on any disagreement and shall specify the reasons for said action in
the final order. 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 findings are not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 85‑967.)
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(225 ILCS 20/26) (from Ch. 111, par. 6376)
(Section scheduled to be repealed on January 1, 2008)
Sec. 26.
Board ‑ Rehearing.
In any case involving the refusal to
issue or to renew a license or to discipline a licensee, a copy of the
Board's report shall be served upon the applicant or licensee by the
Department, either personally or by registered or certified mail or as
provided in this Act for the service of the notice of hearing. Within 20
days after such service, the applicant or licensee may present to the
Department a motion in writing for a rehearing which shall specify the
particular grounds therefor. If no motion for a rehearing is filed, then
upon the expiration of the time specified for filing such a motion, or if a
motion for rehearing is denied, then upon such denial, the Director may
enter an order in accordance with recommendations of the Board, except as
provided in Section 25 of this Act. If the applicant or licensee requests
and pays for a transcript of the record within the time for filing a motion
for rehearing, the 20‑day period within which such a motion may be filed
shall commence upon the delivery of the transcript to the applicant or licensee.
(Source: P.A. 86‑615.)
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(225 ILCS 20/27) (from Ch. 111, par. 6377)
(Section scheduled to be repealed on January 1, 2008)
Sec. 27.
Director; rehearing.
Whenever the Director believes
justice has not been done in the revocation, suspension, or discipline of
a
license
or refusal to issue
or renew a license, he or she may order a rehearing.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/28) (from Ch. 111, par. 6378)
(Section scheduled to be repealed on January 1, 2008)
Sec. 28.
Appointment of a hearing officer.
The Director shall have the
authority to appoint any attorney 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 permit or to discipline a licensee. The Director shall
promptly notify the Board of any such appointment. The hearing officer
shall have full authority to conduct the hearing. At least one member of
the Board shall attend each hearing. The hearing officer shall report his
findings of fact, conclusions of law and recommendations to the Board and
to the Director. The Board shall have at least 60 days after
receipt of the
report to review it and to present its findings of fact, conclusions of law
and recommendation to the Director. If the Board does not present its
report within the 60 days 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 of the hearing officer, the Director
may issue an
order in contravention of the Board's report. The Director
shall promptly provide a
written explanation to the Board on any such disagreement, and shall
specify the reasons for such action in the final order.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/29) (from Ch. 111, par. 6379)
(Section scheduled to be repealed on January 1, 2008)
Sec. 29.
Order or certified copy thereof ‑ prima facie proof.
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 that:
(1) Such signature is the genuine signature of the Director;
(2) Such Director is duly appointed and qualified; and
(3) The Board and the members thereof are qualified to act.
(Source: P.A. 85‑967.)
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(225 ILCS 20/30) (from Ch. 111, par. 6380)
(Section scheduled to be repealed on January 1, 2008)
Sec. 30.
Restoration of suspended or revoked license.
At any time
after the suspension or revocation of any license, the Department may
restore it to the licensee upon the written recommendation of the Board
unless after an investigation and hearing the Board determines that
restoration is not in the public interest.
(Source: P.A. 85‑967.)
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(225 ILCS 20/31) (from Ch. 111, par. 6381)
(Section scheduled to be repealed on January 1, 2008)
Sec. 31.
Surrender of license.
Upon the revocation and suspension of
the license, the licensee shall immediately surrender his or her license to
the
Department. If the licensee fails to do so, the Department shall have the
right to seize the license.
(Source: P.A. 90‑150, eff. 12‑30‑97.)
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(225 ILCS 20/32) (from Ch. 111, par. 6382)
(Section scheduled to be repealed on January 1, 2008)
Sec. 32.
Temporary suspension of a license.
The Director may
temporarily suspend the license of a licensed clinical social worker
or licensed social worker without a
hearing simultaneously with the institution of proceedings for a hearing
provided for in Section 21 of this Act if the Director finds conclusive
evidence indicating that a licensee's continuation
in practice would constitute an imminent danger to the public. In the event
the Director temporarily suspends such license without a hearing, a
hearing by the Board shall be held within 30
days after such suspension has occurred.
(Source: P.A. 85‑1131.)
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(225 ILCS 20/33) (from Ch. 111, par. 6383)
(Section scheduled to be repealed on January 1, 2008)
Sec. 33.
Administrative review ‑ venue.
1. All final administrative
decisions of the Department are subject to judicial review pursuant to the
Administrative Review Law and all rules adopted pursuant thereto. The term
"Administrative decision" is defined as in Section 3‑101 of the Code of
Civil Procedure.
2. 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 Illinois, the venue shall be in Sangamon County.
(Source: P.A. 85‑967.)
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(225 ILCS 20/34) (from Ch. 111, par. 6384)
(Section scheduled to be repealed on January 1, 2008)
Sec. 34.
Certification of record; costs.
The Department
shall not be required to certify any record to the court,
to file an answer in court or to 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 a receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 87‑1031.)
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(225 ILCS 20/35) (from Ch. 111, par. 6385)
(Section scheduled to be repealed on January 1, 2008)
Sec. 35.
Violations.
Unless as otherwise specified, any person found
to have violated any provision of this Act is guilty of a Class A misdemeanor.
On conviction of a second or subsequent offense the violator shall be
guilty of a Class 4 felony.
(Source: P.A. 86‑615.)
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(225 ILCS 20/36) (from Ch. 111, par. 6386)
(Section scheduled to be repealed on January 1, 2008)
Sec. 36.
Administrative Procedure Act.
The Illinois Administrative Procedure
Act is hereby expressly adopted and incorporated herein as if all of the
provisions of that Act were included in this Act, except that the provision of
subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license 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. 88‑45.)
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(225 ILCS 20/37) (from Ch. 111, par. 6387)
(Section scheduled to be repealed on January 1, 2008)
Sec. 37.
Public policy.
It is declared to be the public policy of this
State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of
the Illinois Constitution of 1970, that any power or function set forth in
this Act to be exercised by the State is an exclusive State power or
function. Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government, including
home rule units, except as otherwise provided in this Act.
(Source: P.A. 85‑967.)
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