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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    (Section scheduled to be repealed on January 1, 2008)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.)

    (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    (Section scheduled to be repealed on January 1, 2008)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.)

    (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    (Section scheduled to be repealed on January 1, 2008)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.)

    (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
    
therapy as part of his or her duties as an employee of a recognized academic institution, or a federal, State, county, or local governmental institution or agency while performing those duties for which he or she was employed by the institution, agency or facility.
        (2) A person from practicing marriage and family
    
therapy as part of his or her duties as an employee of a nonprofit organization consistent with the laws of this State, his or her training, and any code of ethics of his or her respective professions, provided the person does not represent himself or herself as a "licensed marriage and family therapist" or an "associate licensed marriage and family therapist".
        (3) A person from practicing marriage and family
    
therapy if the person is obtaining experience for licensure as a marriage and family therapist, provided the person is designated by a title that clearly indicates training status.
        (4) A person licensed in this State under any other
    
Act from engaging the practice for which he or she is licensed.
        (5) A person from practicing marriage and family
    
therapy if the person is a marriage and family therapist regulated under the laws of another State, territory of the United States or country and who has applied in writing to the Department, on forms prepared and furnished by the Department, for licensing as a marriage and family therapist and who is qualified to receive registration under Section 40 until the expiration of 6 months after the filing of the written application, the withdrawal of the application, a notice of intent to deny the application, or the denial of the application by the Department.
(Source: P.A. 91‑362, eff. 1‑1‑00.)

    (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
    
the fitness and qualifications of applicants for licensure and issue licenses to those who are found to be fit and qualified.
        (b) Prescribe rules for a method of examination of
    
candidates.
        (b‑5) Prescribe rules for determining approved
    
graduate programs and prepare and maintain a list of colleges and universities offering approved programs.
        (c) Conduct hearings on proceedings to revoke,
    
suspend, or refuse to issue licenses.
        (d) Promulgate rules required for the administration
    
of this Act.
    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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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
    
furnished by the Department;
        (3) (blank);
        (4) has not engaged or is not engaged in any
    
practice or conduct that would be grounds for disciplining a licensee under Section 85 of this Act;
        (5) satisfies the education and experience
    
requirements of subsection (b) of this Section; and
        (6) passes a written examination authorized by the
    
Department.
    (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
    
and family therapy approved by the Department from a regionally accredited educational institution; holds a master's or doctoral degree from a regionally accredited educational institution in marriage and family therapy or in a related field with an equivalent course of study in marriage and family therapy that is recommended by the Board and approved by the Department; or holds a master's or doctoral degree from a program accredited by the commission on accreditations for marriage and family therapy education of the American Association for Marriage and Family Therapists;
        (2) following the receipt of the first qualifying
    
degree, has at least 2 years of experience, as defined by rule, in the practice of marriage and family therapy, including at least 1,000 hours of face‑to‑face contact with couples and families for the purpose of evaluation and treatment;
        (3) has completed at least 200 hours of supervision
    
of marriage and family therapy, as defined by rule.
    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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,
    
or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, in which instance all recipients of the information are similarly bound to regard the communications as privileged;
        (2) With the written consent of the person who
    
provided the information;
        (3) In case of death or disability, with the written
    
consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
        (4) When a communication reveals the intended
    
commission of a crime or harmful act and the disclosure is judged necessary by the licensed marriage and family therapist or associate marriage and family therapist to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety; or
        (5) When the person waives the privilege by bringing
    
any public charges, criminal, or civil, against the licensee.
    (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.)

    (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.)

    (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.)

    (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
    
to the Department.
        (2) Violations of this Act or its rules.
        (3) Conviction of any crime under the laws of the
    
United States or any state or territory thereof that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) a crime that is related to the practice of the profession.
        (4) Making any misrepresentation for the purpose of
    
obtaining a license or violating any provision of this Act or its rules.
        (5) Professional incompetence or gross negligence.
        (6) Malpractice.
        (7) Aiding or assisting another person in violating
    
any provision of this Act or its rules.
        (8) Failing, within 60 days, to provide information
    
in response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    
unprofessional conduct of a character likely to deceive, defraud or harm the public as defined by the rules of the Department, or violating the rules of professional conduct adopted by the Board and published by the Department.
        (10) Habitual or excessive use or addiction to
    
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
        (11) Discipline by another state, territory, or
    
country if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
        (12) Directly or indirectly giving to or receiving
    
from any person, firm, corporation, partnership or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.
        (13) A finding by the Department that the licensee,
    
after having his or her license placed on probationary status, has violated the terms of probation.
        (14) Abandonment of a patient without cause.
        (15) Willfully making or filing false records or
    
reports relating to a licensee's practice, including but not limited to false records filed with State agencies or departments.
        (16) Wilfully failing to report an instance of
    
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
        (17) Being named as a perpetrator in an indicated
    
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
        (18) Physical or mental disability, including
    
deterioration through the aging process, or loss of abilities and skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.
        (19) Solicitation of professional services by using
    
false or misleading advertising.
        (20) A finding that licensure has been applied for
    
or obtained by fraudulent means.
        (21) Practicing or attempting to practice under a
    
name other than the full name as shown on the license or any other legally authorized name.
        (22) Gross overcharging for professional services
    
including filing statements for collection of fees or moneys for which services are not rendered.
    (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.)

    (225 ILCS 55/87)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 87. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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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