SB 2297 — CLINICAL PSYCHOLOGIST-SUNSET

SB2297 EngrossedEnrolled LRB094 18618 RAS 53964 b AN ACT concerning regulation.

SB2297 EngrossedEnrolled - 2 - LRB094 18618 RAS 53964 b (1) "Department" means the Department of Financial and Professional Regulation.

(7) "Clinical psychological services" refers to any services under paragraph (5) of this Section if the words "psychological", "psychologic", "psychologist", SB2297 EngrossedEnrolled - 3 - LRB094 18618 RAS 53964 b "psychology" or "clinical psychologist" are used to describe such services by the person or organization offering to render or rendering them.

No license shall be issued by the Department to a corporation that (i) has a stated purpose that includes clinical psychology, or (ii) practices or holds itself out as available SB2297 EngrossedEnrolled - 4 - LRB094 18618 RAS 53964 b to practice clinical psychology, unless it is organized under the Professional Service Corporation Act.

Nothing contained in this Section shall be construed as SB2297 EngrossedEnrolled - 5 - LRB094 18618 RAS 53964 b permitting such person to offer their services as psychologists to any other persons and to accept remuneration for such psychological services other than as specifically excepted herein, unless they have been licensed under the provisions of this Act.

SB2297 EngrossedEnrolled - 6 - LRB094 18618 RAS 53964 b (Source:

The Board shall annually elect one of its members as SB2297 EngrossedEnrolled - 7 - LRB094 18618 RAS 53964 b chairperson and vice chairperson.

A clinical psychologist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including evidence certifying to active practice in another jurisdiction satisfactory to the Department and by SB2297 EngrossedEnrolled - 8 - LRB094 18618 RAS 53964 b paying the required restoration fee.

(1) Conviction of, or entry of a plea of guilty or nolo contendere to, any crime that is a felony under the laws of the United States or any state or territory thereof or that is a misdemeanor of which an essential element is dishonesty, or any SB2297 EngrossedEnrolled - 9 - LRB094 18618 RAS 53964 b crime that is directly related to the practice of the profession.

(12) Directly or indirectly giving or receiving from any person, firm, corporation, association or partnership any fee, SB2297 EngrossedEnrolled - 10 - LRB094 18618 RAS 53964 b commission, rebate or other form of compensation for any professional service not actually or personally rendered.

(21) Failing to report to the Department any adverse final action taken against a licensee or applicant by another licensing jurisdiction, including any other state or territory of the United States or any foreign state or country, or any peer review body, health care institution, professional society or association related to the profession, governmental SB2297 EngrossedEnrolled - 11 - LRB094 18618 RAS 53964 b agency, law enforcement agency, or court for an act or conduct similar to an act or conduct that would constitute grounds for disciplinary action as set forth in this Section.

No information shall be excluded by reason of any common law or statutory privilege relating to communications SB2297 EngrossedEnrolled - 12 - LRB094 18618 RAS 53964 b between the licensee or applicant and the examining physician or clinical psychologist.

A person licensed under this Act and affected under this SB2297 EngrossedEnrolled - 13 - LRB094 18618 RAS 53964 b 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.

The Department shall, before refusing to issue, renew, suspend or revoke any license or take other disciplinary action pursuant to Section 15 of this Act, and at least 30 days prior to the date set for the hearing, notify in writing the applicant for or the holder of such license of any charges made, shall afford such accused person an opportunity to be heard in person or by counsel in reference thereto, and 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 SB2297 EngrossedEnrolled - 14 - LRB094 18618 RAS 53964 b 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 Secretary Director may deem proper.

Notwithstanding any other provision of this Act, the Secretary Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing SB2297 EngrossedEnrolled - 15 - LRB094 18618 RAS 53964 b officer in any action for refusal to issue, renew or discipline a license.

The order shall constitute a judgment and may be filed and SB2297 EngrossedEnrolled - 16 - LRB094 18618 RAS 53964 b execution had thereon in the same manner as any judgment from any court of record.

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 SB2297 EngrossedEnrolled - 17 - LRB094 18618 RAS 53964 b period within which a motion may be filed shall commence upon the delivery of the transcript.

Any person who delivers a SB2297 EngrossedEnrolled - 18 - LRB094 18618 RAS 53964 b 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 Secretary Director, Attorney General, or the State’s Attorney of the county in which such nuisance has occurred may file a complaint SB2297 EngrossedEnrolled - 19 - LRB094 18618 RAS 53964 b in the circuit court in the name of the People of the State of Illinois perpetually to enjoin such person from performing such unlawful acts.

Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order, without notice or bond, and may SB2297 EngrossedEnrolled - 20 - LRB094 18618 RAS 53964 b preliminarily and permanently enjoin the violation.