Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
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(Section scheduled to be repealed on January 1, 2028)
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.)
 
(225 ILCS 20/2) (from Ch. 111, par. 6352)
(Section scheduled to be repealed on January 1, 2028)
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.)
 
(225 ILCS 20/3) (from Ch. 111, par. 6353)
(Section scheduled to be repealed on January 1, 2028)
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 Financial and
Professional Regulation.
2. "Secretary" means the Secretary of Financial and 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 or under the auspices of public human service agencies or private, nonprofit agencies providing publicly sponsored human services.
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 professionally accepted theoretical structures, including, but not limited to, 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.
10. "Address of record" means the address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
11. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
(Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.)
 
(225 ILCS 20/4) (from Ch. 111, par. 6354)
(Section scheduled to be repealed on January 1, 2028)
Sec. 4. Exemptions.
1. This Act does not prohibit any of the following:
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. 102-785, eff. 1-1-23.)
 
(225 ILCS 20/5) (from Ch. 111, par. 6355)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers, and duties:
(Source: P.A. 102-326, eff. 1-1-22.)
 
(225 ILCS 20/6) (from Ch. 111, par. 6356)
(Section scheduled to be repealed on January 1, 2028)
Sec. 6. Social Work Examining and Disciplinary Board.
(1) The Secretary shall appoint a Social Work Examining and
Disciplinary Board consisting of 9 persons who shall serve in an
advisory capacity to the Secretary. The Board shall be composed of 6

licensed clinical social workers, one of whom shall be employed in a public human service agency, 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, 2 licensed social
workers, and one member of the public who is not regulated under this Act
or a similar Act and who clearly represents consumer interests.
(2) Members shall serve for a term 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 serve more than 2 consecutive 4-year terms.
(3) The membership of the Board should represent racial and cultural diversity and reasonably reflect
representation from different geographic areas of Illinois.
(4) The Secretary may terminate the appointment of any member for
cause.
(5) The Secretary may consider the recommendation of the Board
on all matters and questions relating to this Act, such as: (i) 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 and (ii) rules for administration of this Act.
(6) (Blank).
(7) (Blank).
(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 legitimate,
necessary, and authorized expenses.
(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. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/7) (from Ch. 111, par. 6357)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7. Applications for original license. Applications for original
licenses shall be made to the Department on forms or electronically as 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 disability that does not affect a person's ability to practice with reasonable judgment, skill, or safety.
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. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/7.3)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.3. Address of record; email address of record. All applicants and licensees shall:
(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/7.5)
(Section scheduled to be repealed on January 1, 2028)
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 license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
Every application for a renewal or restored license shall require the applicant's customer identification number.

(Source: P.A. 97-400, eff. 1-1-12.)
 
(225 ILCS 20/8) (from Ch. 111, par. 6358)
(Section scheduled to be repealed on January 1, 2028)
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.
(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.
(6) (Blank).

(Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.)
 
(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.)
 
(225 ILCS 20/9) (from Ch. 111, par. 6359)
(Section scheduled to be repealed on January 1, 2028)
Sec. 9. Qualifications for clinical social worker license. A person shall be qualified to be
licensed as a clinical social worker if that person:
(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/9A) (from Ch. 111, par. 6359A)
(Section scheduled to be repealed on January 1, 2028)
Sec. 9A. Qualifications for license as licensed social worker. A
person shall be qualified to be licensed as a licensed social worker if that person:
(Source: P.A. 102-326, eff. 1-1-22.)
 
(225 ILCS 20/9.5)
Sec. 9.5.


(Repealed).
(Source: P.A. 92-254, eff. 1-1-02. Repealed internally, eff. 1-1-05.)
 
(225 ILCS 20/10) (from Ch. 111, par. 6360)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. License restrictions and limitations.
(a) No person shall, without a currently valid 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 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 currently valid 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 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, a licensed clinical professional counselor, a licensed marriage and family therapist, or a psychiatrist, as defined in
Section 1-121 of the Mental Health and Developmental Disabilities Code.
(d) No business organization shall provide, attempt to provide, or offer to provide social work or clinical social work services unless every
member, shareholder, partner, director, officer, holder of any other ownership interest, and employee who renders social work or clinical
social work services holds a currently valid license issued under this Act.
No business shall be created that (1) has a stated purpose that includes social work or clinical social work, or (2) provides, attempts to provide, or offers to provide social work or clinical social work services unless it is organized under the
Professional Service Corporation Act, the Medical Corporation Act, or the Professional Limited Liability Company Act.
(e) Nothing in this Act shall preclude individuals licensed under this Act from practicing directly or indirectly for a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987 or for any legal entity as provided under subsection (c) of Section 22.2 of the Medical Practice Act of 1987.
(f) Nothing in this Act shall preclude individuals licensed under this Act from practicing directly or indirectly for any hospital licensed under the Hospital Licensing Act or any hospital affiliate as defined in Section 10.8 of the Hospital Licensing Act and any hospital authorized under the University of Illinois Hospital Act.
(Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.)
 
(225 ILCS 20/10.5)
(Section scheduled to be repealed on January 1, 2028)
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 $10,000 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. 95-687, eff. 10-23-07.)
 
(225 ILCS 20/11) (from Ch. 111, par. 6361)
(Section scheduled to be repealed on January 1, 2028)
Sec. 11. Licenses; renewal; restoration; person in military service; inactive status.
(a) The expiration date and renewal period for each license issued under this Act shall be set by rule.
The licensee may renew a license during the 60-day period preceding its

expiration date by paying the required fee and by demonstrating compliance
with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements. The Department may, by rule, specify circumstances under which the continuing education requirements may be waived.
(b) Any person who has permitted a license to expire or who has a
license on inactive status may have it restored by submitting an application to
the Department and filing proof of fitness, as defined by rule, 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.
(b-5) If the person has not maintained an active practice in another
jurisdiction which is satisfactory to the Department, the Department
shall determine the person's fitness to resume active status. The Department may also require the person to
complete a specific period of evaluated clinical social work or social
work experience and may require successful completion of an examination for clinical social workers.
(b-7) Notwithstanding any other provision of this Act, 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) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) The Department shall indicate on each license the academic degree of
the licensee.
(h) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b) and (b-5) are suspended for any licensed clinical social worker who has had no disciplinary action taken against his

or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a fee or renewal fee. An individual may not restore his or her license in accordance with this subsection more than once.
(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)
 
(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.)
 
(225 ILCS 20/12.5)
(Section scheduled to be repealed on January 1, 2028)
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.
An individual applying for licensure as a clinical social worker who has been licensed at the independent level in another United States jurisdiction for 5 consecutive years without discipline is not required to submit proof of completion of the education and supervised clinical professional experience required in paragraph (3) of Section 9. Individuals with 5 consecutive years of experience must submit certified verification of licensure from the jurisdiction in which the applicant practiced and must comply with all other licensing requirements and pay all required fees.
If the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be required to provide additional information.
An applicant has 3 years from the date of application to complete the application process. If the process 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.
(Source: P.A. 102-1053, eff. 6-10-22.)
 
(225 ILCS 20/13) (from Ch. 111, par. 6363)
(Section scheduled to be repealed on January 1, 2028)
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.)
 
(225 ILCS 20/13.1)
(Section scheduled to be repealed on January 1, 2028)
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.)
 
(225 ILCS 20/13.2)
(Section scheduled to be repealed on January 1, 2028)
Sec. 13.2. Fee waivers. Notwithstanding any provision of law to the contrary, during State fiscal years 2022, 2023, and 2024, the Department shall allow individuals a one-time waiver of fees imposed under subsection (a) of Section 11 or Section 7, 9, 9A, 12.5, or 13 of this Act. No individual may benefit from such waiver more than once.

(Source: P.A. 102-699, eff. 4-19-22.)
 
(225 ILCS 20/14) (from Ch. 111, par. 6364)
(Section scheduled to be repealed on January 1, 2028)
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 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 Secretary

may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(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.)
 
(225 ILCS 20/16) (from Ch. 111, par. 6366)
(Section scheduled to be repealed on January 1, 2028)
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:
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. 98-49, eff. 7-1-13.)
 
(225 ILCS 20/17) (from Ch. 111, par. 6367)
(Section scheduled to be repealed on January 1, 2028)
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.)
 
(225 ILCS 20/18)
Sec. 18. (Repealed).


(Source: P.A. 85-1131. Repealed by P.A. 99-227, eff. 8-3-15.)
 
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license, or may suspend,
revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed appropriate by the Department, including the
imposition of fines not to exceed $10,000

for each violation, with regard to any
license issued under the provisions of this Act for any one or a combination of
the following grounds:
(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 Secretary that the licensee be allowed to resume professional
practice.
(4) The Department shall refuse to issue or renew or may suspend the license of a
person who (i) 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 or (ii) has failed to pay any court-ordered child support as determined by a court order or by
referral from the Department of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon the licensed clinical social worker authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this
State, regardless of whether the patient was a resident of
this State or another state.
(4.10) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the licensed clinical social worker violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the laws of this State and is consistent with
the standards of conduct for a licensed clinical social
worker practicing in Illinois.
(4.15) The conduct specified in subsections (4.5) and (4.10)
shall not constitute grounds for suspension under Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act.
(5)(a) In enforcing this Section, the Department or Board, upon a showing of a possible
violation, may compel a person 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, which may include a substance abuse or sexual offender evaluation, as required by and at the expense
of the Department.
(b) The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
(c) The Board or the Department may order the examining physician or any member of the multidisciplinary team
to present testimony concerning this mental or physical
examination
of the licensee or applicant. No information, report, record, or other documents in any way related to the examination shall be excluded by reason of
any common law or statutory privilege relating to communications between the
licensee or applicant and the examining physician or any member of the multidisciplinary team.
No authorization is necessary from the licensee or applicant ordered to undergo an examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation.
(d) 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. However, that physician shall be present only to observe and may not interfere in any way with the examination.
(e) Failure of any person to submit to a mental or
physical examination without reasonable cause, when ordered, shall result in an automatic suspension of his or her
license until the person submits to the examination.
(f) If the Department or Board finds a person unable to practice because of the reasons
set forth in this Section, the Department or Board may require that person 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 person.
Any person whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions or restrictions, and who fails to comply with
such terms, conditions, or restrictions, shall be referred to the Secretary for
a
determination as to whether the person shall have his or her license
suspended immediately, pending a hearing by the Department.
(g) All fines imposed shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30 days after the suspension and completed without appreciable
delay.
The Department and 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 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.
(h) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
 
(225 ILCS 20/19.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19.5. 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 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. 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. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
(225 ILCS 20/20) (from Ch. 111, par. 6370)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. Violations - Injunction - Cease and desist order.
1. If any person violates the provisions of this Act, the Secretary 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. 95-687, eff. 10-23-07.)
 
(225 ILCS 20/21) (from Ch. 111, par. 6371)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Investigations; notice and hearing.
(a) The Department may
investigate the actions of any applicant or of any person holding or
claiming to hold a license under this Act.
(b) The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the
hearing: (i)
notify, in writing, the accused of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written
answer to the charges under oath within 20 days after the service of the
notice, and (iii) inform the applicant or licensee that failure to file an answer
will result in a default being entered against the applicant or licensee.
(c) Written or electronic notice, and any notice in the subsequent proceeding, may be served by personal delivery, by email, or by mail to the applicant or licensee at his or her address of record or email address of record.
(d) At the time and place fixed in the notice,
the Board or hearing officer appointed by the Secretary 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 or hearing officer may continue the hearing from time to time.
(e) In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.
(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/22) (from Ch. 111, par. 6372)
(Section scheduled to be repealed on January 1, 2028)
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. 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 copy 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. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/23) (from Ch. 111, par. 6373)
(Section scheduled to be repealed on January 1, 2028)
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 Secretary, 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. 95-687, eff. 10-23-07.)
 
(225 ILCS 20/24) (from Ch. 111, par. 6374)
(Section scheduled to be repealed on January 1, 2028)
Sec. 24. Compelling testimony. Any court, upon application of the
Department, designated hearing officer or the applicant or licensee against
whom proceedings under Section 19 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. 95-687, eff. 10-23-07.)
 
(225 ILCS 20/25) (from Ch. 111, par. 6375)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Findings and recommendations. At the conclusion of the
hearing the Board shall present to the Secretary 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 Secretary.
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.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/26) (from Ch. 111, par. 6376)
(Section scheduled to be repealed on January 1, 2028)
Sec. 26. Hearing; motion for rehearing.
(a) The Board or hearing officer appointed by the Secretary shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. If the Board fails to present its report, the applicant or licensee may request in writing a direct appeal to the Secretary, in which case the Secretary may issue an order based upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.
(b) At the conclusion of the hearing, a copy of the hearing officer's or
Board's report shall be served upon the applicant or licensee 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 applicant or licensee may present to the
Department a motion in writing for a rehearing which shall specify the
particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for a rehearing is filed, then
upon the expiration of the time specified for filing such a motion, or upon denial of a motion for rehearing, the Secretary may
enter an order in accordance with recommendations of the Board or hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the report of the Board, the Secretary may issue an order contrary to the report.
(d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary.
(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/27)
Sec. 27. (Repealed).


(Source: P.A. 95-687, eff. 10-23-07. Repealed by P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/28) (from Ch. 111, par. 6378)
(Section scheduled to be repealed on January 1, 2028)
Sec. 28. Appointment of a hearing officer. Notwithstanding any other provision of this Act, the Secretary 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
shall have full authority to conduct the hearing. The hearing officer shall report his or her
findings of fact, conclusions of law and recommendations to the Board and
to the Secretary.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/29) (from Ch. 111, par. 6379)
(Section scheduled to be repealed on January 1, 2028)
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 Secretary, shall be prima facie proof that:
(Source: P.A. 95-687, eff. 10-23-07.)
 
(225 ILCS 20/30) (from Ch. 111, par. 6380)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Restoration. At any time
after the successful completion of a term of probation, suspension, or revocation of any license, the Department may
restore the license to the licensee upon the written recommendation of the Board unless after an investigation and hearing the Board or Department determines that
restoration is not in the public interest. Where circumstances of suspension or revocation so indicate, the Department may require an examination of the licensee prior to restoring his or her license. No person whose license has been revoked as authorized in this Act may apply for restoration of that license or permit until such time as provided for in the Civil Administrative Code of Illinois.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/31) (from Ch. 111, par. 6381)
(Section scheduled to be repealed on January 1, 2028)
Sec. 31. Surrender of license. Upon the revocation or suspension of any
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. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/32) (from Ch. 111, par. 6382)
(Section scheduled to be repealed on January 1, 2028)
Sec. 32. Summary suspension of a license. The Secretary may summarily
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 this Act if the Secretary finds that
evidence in his or her possession indicates that a licensee's continuation
in practice would constitute an imminent danger to the public. In the event
the Secretary summarily suspends such license without a hearing, a
hearing by the Board or Department shall be held within 30 calendar
days after the suspension has occurred.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/33) (from Ch. 111, par. 6383)
(Section scheduled to be repealed on January 1, 2028)
Sec. 33. Administrative review.
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. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/34) (from Ch. 111, par. 6384)
(Section scheduled to be repealed on January 1, 2028)
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 and until the Department has received from the plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to
file a receipt in court shall be grounds for dismissal of the
action.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/34.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 34.1. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

(Source: P.A. 99-227, eff. 8-3-15.)
 
(225 ILCS 20/35) (from Ch. 111, par. 6385)
(Section scheduled to be repealed on January 1, 2028)
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.)
 
(225 ILCS 20/36) (from Ch. 111, par. 6386)
(Section scheduled to be repealed on January 1, 2028)
Sec. 36. Illinois 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.

(Source: P.A. 100-414, eff. 8-25-17.)
 
(225 ILCS 20/37) (from Ch. 111, par. 6387)
(Section scheduled to be repealed on January 1, 2028)
Sec. 37. Home rule. 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. 100-414, eff. 8-25-17.)

Structure Illinois Compiled Statutes