HB5387: IDFPR-VARIOUS LICENSES

HB5387 Enrolled LRB104 18003 AAS 31440 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Sections 4.37 and 4.42 as follows: 6 (5 ILCS 80/4.37) 7 Sec. 4.37. Acts and Articles repealed on January 1, 2027. 8 The following are repealed on January 1, 2027: 9 The Clinical Psychologist Licensing Act. 10 The Illinois Optometric Practice Act of 1987. 11 Articles II, III, IV, V, VI, VIIA, VIIC, XVII, XXXI, and 12 XXXI 1/4 of the Illinois Insurance Code. 13 The Boiler and Pressure Vessel Repairer Regulation Act. 14 The Marriage and Family Therapy Licensing Act. 15 The Boxing and Full-contact Martial Arts Act. 16 The Cemetery Oversight Act. 17 The Community Association Manager Licensing and 18 Disciplinary Act. 19 The Detection of Deception Examiners Act. 20 The Home Inspector License Act. 21 The Massage Licensing Act. 22 The Medical Practice Act of 1987. 23 The Petroleum Equipment Contractors Licensing Act. HB5387 Enrolled - 2 - LRB104 18003 AAS 31440 b 1 The Radiation Protection Act of 1990. 2 The Real Estate Appraiser Licensing Act of 2002. 3 The Registered Interior Designers Act. 4 The Landscape Architecture Registration Act. 5 The Water Well and Pump Installation Contractor's License 6 Act. 7 The Licensed Certified Professional Midwife Practice Act. 8 (Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21; 9 102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff. 10 10-1-22; 102-813, eff. 5-13-22; 103-371, eff. 1-1-24; 103-823, 11 eff. 8-9-24.) 12 (5 ILCS 80/4.42) 13 Sec. 4.42. Acts repealed on January 1, 2032. The following 14 Acts are repealed on January 1, 2032: 15 The Collateral Recovery Act. 16 The Clinical Psychologist Licensing Act. 17 The Illinois Optometric Practice Act of 1987. 18 The Marriage and Family Therapy Licensing Act. 19 The Boxing and Full-contact Martial Arts Act. 20 The Massage Therapy Practice Act. 21 The Medical Practice Act of 1987. 22 The Licensed Certified Professional Midwife Practice Act. 23 (Source: P.A. 103-371, eff. 1-1-24 .) 24 Section 10. The Clinical Psychologist Licensing Act is HB5387 Enrolled - 3 - LRB104 18003 AAS 31440 b 1 amended by changing Sections 2, 2.5, 3, 4, 4.3, 4.5, 5, 7, 10, 2 11, 11.5, 12.5, 13, 14, 15, 16, 16.1, 21, 21.2, 25, 26, 26.5, 3 and 27 as follows: 4 (225 ILCS 15/2) (from Ch. 111, par. 5352) 5 (Section scheduled to be repealed on January 1, 2027) 6 Sec. 2. Definitions. As used in this Act: 7 (1) "Department" means the Department of Financial and 8 Professional Regulation. 9 (2) "Secretary" means the Secretary of Financial and 10 Professional Regulation. 11 (3) "Board" means the Clinical Psychologists Licensing 12 and Disciplinary Board appointed by the Secretary. 13 (4) (Blank). 14 (5) "Clinical psychology" means the independent 15 evaluation, classification, diagnosis, and treatment of 16 mental, emotional, behavioral or nervous disorders or 17 conditions, developmental disabilities, alcoholism and 18 substance abuse, disorders of habit or conduct, and the 19 psychological aspects of physical illness. The practice of 20 clinical psychology includes psychoeducational 21 evaluation, therapy, remediation and consultation, the use 22 of psychological and neuropsychological testing, 23 assessment, psychotherapy, psychoanalysis, hypnosis, 24 biofeedback, and behavioral modification when any of these 25 are used for the purpose of preventing or eliminating HB5387 Enrolled - 4 - LRB104 18003 AAS 31440 b 1 psychopathology, or for the amelioration of psychological 2 disorders of individuals or groups. "Clinical psychology" 3 does not include the use of hypnosis by unlicensed persons 4 pursuant to Section 3. 5 (6) A person represents oneself himself to be a 6 "clinical psychologist" or "psychologist" within the 7 meaning of this Act when the person he or she holds himself 8 or herself out to the public by any title or description of 9 services incorporating the words "psychological", 10 "psychologic", "psychologist", "psychology", or "clinical 11 psychologist" or under such title or description offers to 12 render or renders clinical psychological services as 13 defined in paragraph (7) of this Section to individuals or 14 the public for remuneration. 15 (7) "Clinical psychological services" refers to any 16 services under paragraph (5) of this Section if the words 17 "psychological", "psychologic", "psychologist", 18 "psychology" or "clinical psychologist" are used to 19 describe such services by the person or organization 20 offering to render or rendering them. 21 (8) "Collaborating physician" means a physician 22 licensed to practice medicine in all of its branches in 23 Illinois who generally prescribes medications for the 24 treatment of mental health disease or illness to the 25 physician's his or her patients in the normal course of 26 the physician's his or her clinical medical practice. HB5387 Enrolled - 5 - LRB104 18003 AAS 31440 b 1 (9) "Prescribing psychologist" means a licensed, 2 doctoral level psychologist who has undergone specialized 3 training, has passed an examination as determined by rule, 4 and has received a current license granting prescriptive 5 authority under Section 4.2 of this Act that has not been 6 revoked or suspended from the Department. 7 (10) "Prescriptive authority" means the authority to 8 prescribe, administer, discontinue, or distribute drugs or 9 medicines. 10 (11) "Prescription" means an order for a drug, 11 laboratory test, or any medicines, including controlled 12 substances as defined in the Illinois Controlled 13 Substances Act. 14 (12) "Drugs" has the meaning given to that term in the 15 Pharmacy Practice Act. 16 (13) "Medicines" has the meaning given to that term in 17 the Pharmacy Practice Act. 18 (14) "Address of record" means the designated address 19 recorded by the Department in the applicant's application 20 file or the licensee's license file maintained by the 21 Department's licensure maintenance unit. 22 (15) "Email address of record" means the designated 23 email address recorded by the Department in the 24 applicant's application file or the licensee's license 25 file, as maintained by the Department's licensure 26 maintenance unit. HB5387 Enrolled - 6 - LRB104 18003 AAS 31440 b 1 This Act shall not apply to persons lawfully carrying on 2 their particular profession or business under any valid 3 existing regulatory Act of the State. 4 (Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.) 5 (225 ILCS 15/2.5) 6 (Section scheduled to be repealed on January 1, 2027) 7 Sec. 2.5. Address of record; email address of record 8 Change of address . All applicants and licensees shall: 9 (1) provide a valid address and email address to the 10 Department, which shall serve as the address of record and 11 email address of record, respectively, at the time of 12 application for licensure or renewal of a license; and 13 (2) inform the Department of any change of address of 14 record or email address of record within 14 days after 15 such change either through the Department's website or by 16 contacting the Department's licensure maintenance unit. It 17 is the duty of the applicant or licensee to inform the 18 Department of any change of address within 14 days after 19 such change either through the Department's website or by 20 contacting the Department's licensure maintenance unit. 21 (Source: P.A. 99-572, eff. 7-15-16.) 22 (225 ILCS 15/3) (from Ch. 111, par. 5353) 23 (Section scheduled to be repealed on January 1, 2027) 24 Sec. 3. Necessity of license; corporations, professional HB5387 Enrolled - 7 - LRB104 18003 AAS 31440 b 1 limited liability companies, partnerships, and associations; 2 display of license. 3 (a) No individual shall, without a valid license as a 4 clinical psychologist issued by the Department, in any manner 5 hold oneself himself or herself out to the public as a 6 psychologist or clinical psychologist under the provisions of 7 this Act or render or offer to render clinical psychological 8 services as defined in paragraph 7 of Section 2 of this Act; or 9 attach the title "clinical psychologist", "psychologist" or 10 any other name or designation which would in any way imply that 11 the person he or she is able to practice as a clinical 12 psychologist; or offer to render or render clinical 13 psychological services as defined in paragraph 7 of Section 2 14 of this Act. 15 No person may engage in the practice of clinical 16 psychology, as defined in paragraph (5) of Section 2 of this 17 Act, without a license granted under this Act, except as 18 otherwise provided in this Act. 19 (b) No business organization shall provide, attempt to 20 provide, or offer to provide clinical psychological services 21 unless every member, shareholder, director, officer, holder of 22 any other ownership interest, agent, and employee who renders 23 clinical psychological services holds a currently valid 24 license issued under this Act. No corporation or limited 25 liability company shall be created that (i) has a stated 26 purpose that includes clinical psychology, or (ii) practices HB5387 Enrolled - 8 - LRB104 18003 AAS 31440 b 1 or holds itself out as available to practice clinical 2 psychology, unless it is organized under the Professional 3 Service Corporation Act or the Professional Limited Liability 4 Company Act. 5 (c) Individuals, corporations, professional limited 6 liability companies, partnerships, and associations may employ 7 practicum students, interns or postdoctoral candidates seeking 8 to fulfill educational requirements or the professional 9 experience requirements needed to qualify for a license as a 10 clinical psychologist to assist in the rendering of services, 11 provided that such employees function under the direct 12 supervision, order, control and full professional 13 responsibility of a licensed clinical psychologist in the 14 corporation, professional limited liability company, 15 partnership, or association. Nothing in this paragraph shall 16 prohibit a corporation, professional limited liability 17 company, partnership, or association from contracting with a 18 licensed health care professional to provide services. 19 (c-5) Nothing in this Act shall preclude individuals 20 licensed under this Act from practicing directly or indirectly 21 for a physician licensed to practice medicine in all its 22 branches under the Medical Practice Act of 1987 or for any 23 legal entity as provided under subsection (c) of Section 22.2 24 of the Medical Practice Act of 1987. 25 Nothing in this Act shall preclude individuals licensed 26 under this Act from practicing directly or indirectly for any HB5387 Enrolled - 9 - LRB104 18003 AAS 31440 b 1 hospital licensed under the Hospital Licensing Act or any 2 hospital affiliate as defined in Section 10.8 of the Hospital 3 Licensing Act and any hospital authorized under the University 4 of Illinois Hospital Act. 5 (d) Nothing in this Act shall prevent the employment, by a 6 clinical psychologist, individual, association, partnership, 7 professional limited liability company, or corporation 8 furnishing clinical psychological services for remuneration, 9 of persons not licensed as clinical psychologists under the 10 provisions of this Act to perform services in various 11 capacities as needed, provided that such persons are not in 12 any manner held out to the public as rendering clinical 13 psychological services as defined in paragraph 7 of Section 2 14 of this Act. Nothing contained in this Act shall require any 15 hospital, clinic, home health agency, hospice, or other entity 16 that provides health care services to employ or to contract 17 with a clinical psychologist licensed under this Act to 18 perform any of the activities under paragraph (5) of Section 2 19 of this Act. 20 (e) Nothing in this Act shall be construed to limit the 21 services and use of official title on the part of a person, not 22 licensed under the provisions of this Act, in the employ of a 23 State, county , or municipal agency or other political 24 subdivision insofar that such services are a part of the 25 duties in the person's his or her salaried position, and 26 insofar that such services are performed solely on behalf of HB5387 Enrolled - 10 - LRB104 18003 AAS 31440 b 1 the person's his or her employer. 2 Nothing contained in this Section shall be construed as 3 permitting such person to offer their services as 4 psychologists to any other persons and to accept remuneration 5 for such psychological services other than as specifically 6 excepted herein, unless they have been licensed under the 7 provisions of this Act. 8 (f) Duly recognized members of any bona fide bonafide 9 religious denomination shall not be restricted from 10 functioning in their ministerial capacity provided they do not 11 represent themselves as being clinical psychologists or 12 providing clinical psychological services. 13 (g) Nothing in this Act shall prohibit individuals not 14 licensed under the provisions of this Act who work in 15 self-help groups or programs or not-for-profit organizations 16 from providing services in those groups, programs, or 17 organizations, provided that such persons are not in any 18 manner held out to the public as rendering clinical 19 psychological services as defined in paragraph 7 of Section 2 20 of this Act. 21 (h) Nothing in this Act shall be construed to prevent a 22 person from practicing hypnosis without a license issued under 23 this Act provided that the person (1) does not otherwise 24 engage in the practice of clinical psychology , including, but 25 not limited to, the independent evaluation, classification, 26 and treatment of mental, emotional, behavioral, or nervous HB5387 Enrolled - 11 - LRB104 18003 AAS 31440 b 1 disorders or conditions, developmental disabilities, 2 alcoholism and substance abuse, disorders of habit or conduct, 3 and the psychological aspects of physical illness, (2) does 4 not otherwise engage in the practice of medicine , including, 5 but not limited to, the diagnosis or treatment of physical or 6 mental ailments or conditions, and (3) does not hold the 7 person himself or herself out to the public by a title or 8 description stating or implying that the individual is a 9 clinical psychologist or is licensed to practice clinical 10 psychology. 11 (i) Every licensee under this Act shall prominently 12 display the license at the licensee's principal office, place 13 of business, or place of employment and, whenever requested by 14 any representative of the Department, must exhibit the 15 license. 16 (Source: P.A. 99-227, eff. 8-3-15; 99-572, eff. 7-15-16.) 17 (225 ILCS 15/4) (from Ch. 111, par. 5354) 18 (Section scheduled to be repealed on January 1, 2027) 19 Sec. 4. Exemptions Application of Act . 20 (a) Nothing in this Act shall be construed to limit the 21 activities of and services of a student, intern or resident in 22 psychology seeking to fulfill educational requirements or the 23 experience requirements in order to qualify for a license 24 under this Act, or an individual seeking to fulfill the 25 postdoctoral experience requirements in order to qualify for HB5387 Enrolled - 12 - LRB104 18003 AAS 31440 b 1 licensure under this Act provided that such activities and 2 services are under the direct supervision, order, control and 3 full professional responsibility of a licensed clinical 4 psychologist and provided that such student, intern, or 5 resident be designated by a title "intern" or "resident" or 6 other designation of trainee status. Supervised experience in 7 which the supervisor receives monetary payment or other 8 considerations from the supervisee or in which the supervisor 9 is hired by or otherwise employed by the supervisee shall not 10 be accepted by the Department as fulfilling the practicum, 11 internship or 2 years of satisfactory supervised experience 12 requirements for licensure. Nothing contained in this Section 13 shall be construed as permitting such students, interns, or 14 residents to offer their services as clinical psychologists to 15 any other person or persons and to accept remuneration for 16 such clinical psychological services other than as 17 specifically excepted herein, unless they have been licensed 18 under the provisions of this Act. Students, interns, and 19 residents providing services pursuant to the exemption under 20 this subsection (a) who violate any provision of this Act or 21 its rules shall be subject to the provisions of Sections 16.5 22 and 27.2. 23 (b) Nothing in this Act shall be construed as permitting 24 persons licensed as clinical psychologists to engage in any 25 manner in the practice of medicine as defined in the laws of 26 this State. Persons licensed as clinical psychologists who HB5387 Enrolled - 13 - LRB104 18003 AAS 31440 b 1 render services to persons in need of mental treatment or who 2 are mentally ill shall as appropriate initiate genuine 3 collaboration with a physician licensed in Illinois to 4 practice medicine in all its branches. 5 (c) Nothing in this Act shall be construed as restricting 6 an individual certified as a school psychologist by the State 7 Board of Education, who is at least 21 years of age and has had 8 at least 3 years of full-time experience as a certified school 9 psychologist, from using the title school psychologist and 10 offering school psychological services limited to those 11 services set forth in the rules and regulations that govern 12 the administration and operation of special education 13 pertaining to children and youth ages 0-21 prepared by the 14 State Board of Education. Anyone offering such services under 15 the provisions of this paragraph shall use the term school 16 psychologist and describe such services as "School 17 Psychological Services". This exemption shall be limited to 18 the practice of school psychology only as manifested through 19 psychoeducational problems, and shall not be construed to 20 allow a school psychologist to function as a general 21 practitioner of clinical psychology, unless otherwise licensed 22 under this Act. However, nothing in this paragraph prohibits a 23 school psychologist from making evaluations, recommendations 24 or interventions regarding the placement of children in 25 educational programs or special education classes, nor shall 26 it prohibit school psychologists from providing clinical HB5387 Enrolled - 14 - LRB104 18003 AAS 31440 b 1 psychological services under the supervision of a licensed 2 clinical psychologist. This paragraph shall not be construed 3 to mandate insurance companies to reimburse school 4 psychologists directly for the services of school 5 psychologists. Nothing in this paragraph shall be construed to 6 exclude anyone duly licensed under this Act from offering 7 psychological services in the school setting. School 8 psychologists providing services under the provisions of this 9 paragraph shall not provide such services outside their 10 employment to any child who is a student in the district or 11 districts which employ such school psychologist. School 12 psychologists, as described in this paragraph, shall be under 13 the regulatory authority of the State Board of Education and 14 the State Teacher Certification Board. 15 (d) Nothing in this Act shall be construed to limit the 16 activities and use of the official title of "psychologist" on 17 the part of a person not licensed under this Act who possesses 18 a doctoral degree earned in a program concentrated primarily 19 on the study of psychology and is an academic employee of a 20 duly chartered institution of higher education insofar as such 21 person engages in public speaking with or without 22 remuneration, provided that such person is not in any manner 23 held out to the public as practicing clinical psychology as 24 defined in paragraph 5 of Section 2 of this Act, unless the 25 person he or she has been licensed under the provisions of this 26 Act. HB5387 Enrolled - 15 - LRB104 18003 AAS 31440 b 1 (e) Nothing in this Act shall be construed to regulate, 2 control, or restrict the clinical practice of any person 3 licensed, registered, or certified in this State under any 4 other Act, provided that such person is not in any manner held 5 out to the public as rendering clinical psychological services 6 as defined in paragraph 7 of Section 2 of this Act. 7 (f) Nothing in this Act shall be construed to limit the 8 activities and use of the title "psychologist" on the part of a 9 person who practices psychology and (i) who possesses a 10 doctoral degree earned in a program concentrated primarily on 11 the study of psychology; and (ii) whose services involve the 12 development and application of psychological theory and 13 methodology to problems of organizations and problems of 14 individuals and groups in organizational settings; and 15 provided further that such person is not in any manner held out 16 to the public as practicing clinical psychology and is not 17 held out to the public by any title, description or 18 designation stating or implying that the person he or she is a 19 clinical psychologist unless the person he or she has been 20 licensed under the provisions of this Act. 21 (g) This Act shall not apply to persons lawfully carrying 22 on the person's particular profession or business under any 23 valid existing regulatory Act of the State. 24 (Source: P.A. 89-702, eff. 7-1-97 .) 25 (225 ILCS 15/4.3) HB5387 Enrolled - 16 - LRB104 18003 AAS 31440 b 1 (Section scheduled to be repealed on January 1, 2027) 2 Sec. 4.3. Written collaborative agreements. 3 (a) A written collaborative agreement is required for all 4 prescribing psychologists practicing under a prescribing 5 psychologist license issued pursuant to Section 4.2 of this 6 Act. 7 (b) A written delegation of prescriptive authority by a 8 collaborating physician may only include medications for the 9 treatment of mental health disease or illness the 10 collaborating physician generally provides to the 11 collaborating physician's his or her patients in the normal 12 course of the collaborating physician's his or her clinical 13 practice with the exception of the following: 14 (1) patients who are less than 17 years of age or over 15 65 years of age; 16 (2) patients during pregnancy; 17 (3) patients with serious medical conditions, such as 18 heart disease, cancer, stroke, or seizures, and with 19 developmental disabilities and intellectual disabilities; 20 and 21 (4) prescriptive authority for benzodiazepine Schedule 22 III controlled substances. 23 (c) The collaborating physician shall file with the 24 Department notice of delegation of prescriptive authority and 25 termination of the delegation, in accordance with rules of the 26 Department. Upon receipt of this notice delegating authority HB5387 Enrolled - 17 - LRB104 18003 AAS 31440 b 1 to prescribe any nonnarcotic Schedule III through V controlled 2 substances, the licensed clinical psychologist shall be 3 eligible to register for a mid-level practitioner controlled 4 substance license under Section 303.05 of the Illinois 5 Controlled Substances Act. 6 (d) All of the following shall apply to delegation of 7 prescriptive authority: 8 (1) Any delegation of Schedule III through V 9 controlled substances shall identify the specific 10 controlled substance by brand name or generic name. No 11 controlled substance to be delivered by injection may be 12 delegated. No Schedule II controlled substance shall be 13 delegated. 14 (2) A prescribing psychologist shall not prescribe 15 narcotic drugs, as defined in Section 102 of the Illinois 16 Controlled Substances Act. 17 Any prescribing psychologist who writes a prescription for 18 a controlled substance without having valid and appropriate 19 authority may be fined by the Department not more than $50 per 20 prescription and the Department may take any other 21 disciplinary action provided for in this Act. 22 All prescriptions written by a prescribing psychologist 23 must contain the name of the prescribing psychologist and the 24 prescribing psychologist's his or her signature. The 25 prescribing psychologist shall sign the prescribing 26 psychologist's his or her own name. HB5387 Enrolled - 18 - LRB104 18003 AAS 31440 b 1 (e) The written collaborative agreement shall describe the 2 working relationship of the prescribing psychologist with the 3 collaborating physician and shall delegate prescriptive 4 authority as provided in this Act. Collaboration does not 5 require an employment relationship between the collaborating 6 physician and prescribing psychologist. Absent an employment 7 relationship, an agreement may not restrict third-party 8 payment sources accepted by the prescribing psychologist. For 9 the purposes of this Section, "collaboration" means the 10 relationship between a prescribing psychologist and a 11 collaborating physician with respect to the delivery of 12 prescribing services in accordance with (1) the prescribing 13 psychologist's training, education, and experience and (2) 14 collaboration and consultation as documented in a jointly 15 developed written collaborative agreement. 16 (f) The agreement shall promote the exercise of 17 professional judgment by the prescribing psychologist 18 corresponding to the prescribing psychologist's his or her 19 education and experience. 20 (g) The collaborative agreement shall not be construed to 21 require the personal presence of a physician at the place 22 where services are rendered. Methods of communication shall be 23 available for consultation with the collaborating physician in 24 person or by telecommunications in accordance with established 25 written guidelines as set forth in the written agreement. 26 (h) Collaboration and consultation pursuant to all HB5387 Enrolled - 19 - LRB104 18003 AAS 31440 b 1 collaboration agreements shall be adequate if a collaborating 2 physician does each of the following: 3 (1) participates in the joint formulation and joint 4 approval of orders or guidelines with the prescribing 5 psychologist and the collaborating physician he or she 6 periodically reviews the prescribing psychologist's orders 7 and the services provided patients under the orders in 8 accordance with accepted standards of medical practice and 9 prescribing psychologist practice; 10 (2) provides collaboration and consultation with the 11 prescribing psychologist in person at least once a month 12 for review of safety and quality clinical care or 13 treatment; 14 (3) is available through telecommunications for 15 consultation on medical problems, complications, 16 emergencies, or patient referral; and 17 (4) reviews medication orders of the prescribing 18 psychologist no less than monthly, including review of 19 laboratory tests and other tests as available. 20 (i) The written collaborative agreement shall contain 21 provisions detailing notice for termination or change of 22 status involving a written collaborative agreement, except 23 when the notice is given for just cause. 24 (j) A copy of the signed written collaborative agreement 25 shall be available to the Department upon request to either 26 the prescribing psychologist or the collaborating physician. HB5387 Enrolled - 20 - LRB104 18003 AAS 31440 b 1 (k) Nothing in this Section shall be construed to limit 2 the authority of a prescribing psychologist to perform all 3 duties authorized under this Act. 4 (l) A prescribing psychologist shall inform each 5 collaborating physician of all collaborative agreements the 6 prescribing psychologist he or she has signed and provide a 7 copy of these to any collaborating physician. 8 (m) No collaborating physician shall enter into more than 9 3 collaborative agreements with prescribing psychologists. 10 (Source: P.A. 101-84, eff. 7-19-19.) 11 (225 ILCS 15/4.5) 12 (Section scheduled to be repealed on January 1, 2027) 13 Sec. 4.5. Endorsement ; prescribing psychologists . 14 (a) Individuals who are already licensed as medical or 15 prescribing psychologists in another state may apply for an 16 Illinois prescribing psychologist license by endorsement from 17 that state, or acceptance of that state's examination if they 18 meet the requirements set forth in this Act and its rules, 19 including proof of successful completion of the educational, 20 testing, and experience standards. Applicants from other 21 states may not be required to pass the examination required 22 for licensure as a prescribing psychologist in Illinois if 23 they meet requirements set forth in this Act and its rules, 24 such as proof of education, testing, payment of any fees, and 25 experience. HB5387 Enrolled - 21 - LRB104 18003 AAS 31440 b 1 (b) Individuals who graduated from the Department of 2 Defense Psychopharmacology Demonstration Project may apply for 3 an Illinois prescribing psychologist license by endorsement. 4 Applicants from the Department of Defense Psychopharmacology 5 Demonstration Project may not be required to pass the 6 examination required for licensure as a prescribing 7 psychologist in Illinois if they meet requirements set forth 8 in this Act and its rules, such as proof of education, testing, 9 payment of any fees, and experience. 10 (c) Individuals applying for a prescribing psychologist 11 license by endorsement shall be required to first obtain a 12 clinical psychologist license under this Act. 13 (Source: P.A. 98-668, eff. 6-25-14 .) 14 (225 ILCS 15/5) (from Ch. 111, par. 5355) 15 (Section scheduled to be repealed on January 1, 2027) 16 Sec. 5. Confidentiality of information. No clinical 17 psychologist shall disclose any information the clinical 18 psychologist he or she may have acquired from persons 19 consulting the clinical psychologist him or her in the 20 clinical psychologist's his or her professional capacity, to 21 any persons except only: (1) in trials for homicide when the 22 disclosure relates directly to the fact or immediate 23 circumstances of the homicide, (2) in all proceedings the 24 purpose of which is to determine mental competency, or in 25 which a defense of mental incapacity is raised, (3) in HB5387 Enrolled - 22 - LRB104 18003 AAS 31440 b 1 actions, civil or criminal, against the psychologist for 2 malpractice, (4) with the expressed consent of the client, or 3 in the case of the client's his or her death or disability, the 4 client's or his or her personal representative or other person 5 authorized to sue or of the beneficiary of an insurance policy 6 on the client's his or her life, health , or physical 7 condition, or (5) upon an issue as to the validity of a 8 document as a will of a client. In the event of a conflict 9 between the application of this Section and the Mental Health 10 and Developmental Disabilities Confidentiality Act to a 11 specific situation, the provisions of the Mental Health and 12 Developmental Disabilities Confidentiality Act shall control. 13 (Source: P.A. 89-702, eff. 7-1-97 .) 14 (225 ILCS 15/7) (from Ch. 111, par. 5357) 15 (Section scheduled to be repealed on January 1, 2027) 16 Sec. 7. Board. The Secretary shall appoint a Board that 17 shall serve in an advisory capacity to the Secretary. 18 The Board shall consist of 11 persons: 4 of whom are 19 licensed clinical psychologists and actively engaged in the 20 practice of clinical psychology; 2 of whom are licensed 21 prescribing psychologists; 2 of whom are physicians licensed 22 to practice medicine in all its branches in Illinois who 23 generally prescribe medications for the treatment of mental 24 health disease or illness in the normal course of clinical 25 medical practice, one of whom shall be a psychiatrist and the HB5387 Enrolled - 23 - LRB104 18003 AAS 31440 b 1 other a primary care or family physician; 2 of whom are 2 licensed clinical psychologists and are full-time full time 3 faculty members of accredited colleges or universities who are 4 engaged in training clinical psychologists; and one of whom is 5 a public member who is not a licensed health care provider. In 6 appointing members of the Board, the Secretary shall give due 7 consideration to the adequate representation of the various 8 fields of health care psychology such as clinical psychology, 9 school psychology and counseling psychology. In appointing 10 members of the Board, the Secretary shall give due 11 consideration to recommendations by members of the profession 12 of clinical psychology and by the Statewide State-wide 13 organizations representing the interests of clinical 14 psychologists and organizations representing the interests of 15 academic programs as well as recommendations by approved 16 doctoral level psychology programs in the State of Illinois, 17 and, with respect to the 2 physician members of the Board, the 18 Secretary shall give due consideration to recommendations by 19 the Statewide professional associations or societies 20 representing physicians licensed to practice medicine in all 21 its branches in Illinois. The members shall be appointed for a 22 term of 4 years. No member shall be eligible to serve for more 23 than 2 full terms. Any appointment to fill a vacancy shall be 24 for the unexpired portion of the term. A member appointed to 25 fill a vacancy for an unexpired term for a duration of 2 years 26 or more may be reappointed for a maximum of one term and a HB5387 Enrolled - 24 - LRB104 18003 AAS 31440 b 1 member appointed to fill a vacancy for an unexpired term for a 2 duration of less than 2 years may be reappointed for a maximum 3 of 2 terms. The Secretary may remove any member for cause at 4 any time prior to the expiration of the member's his or her 5 term. 6 The 2 initial appointees to the Board who are licensed 7 prescribing psychologists may hold a medical or prescription 8 license issued by another state so long as the license is 9 deemed by the Secretary to be substantially equivalent to a 10 prescribing psychologist license under this Act and so long as 11 the appointees also maintain an Illinois clinical psychologist 12 license. Such initial appointees shall serve on the Board 13 until the Department adopts rules necessary to implement 14 licensure under Section 4.2 of this Act. 15 The Board shall annually elect a chairperson and vice 16 chairperson. 17 The members of the Board shall be reimbursed for all 18 authorized legitimate and necessary expenses incurred in 19 attending the meetings of the Board. 20 The Secretary shall give due consideration to all 21 recommendations of the Board. 22 The Board may make recommendations on all matters relating 23 to continuing education including the number of hours 24 necessary for license renewal, waivers for those unable to 25 meet such requirements and acceptable course content. Such 26 recommendations shall not impose an undue burden on the HB5387 Enrolled - 25 - LRB104 18003 AAS 31440 b 1 Department or an unreasonable restriction on those seeking 2 license renewal. 3 The 2 licensed prescribing psychologist members of the 4 Board and the 2 physician members of the Board shall only 5 deliberate and make recommendations related to the licensure 6 and discipline of prescribing psychologists. Four members 7 shall constitute a quorum, except that all deliberations and 8 recommendations related to the licensure and discipline of 9 prescribing psychologists shall require a quorum of 6 members. 10 A quorum is required for all Board decisions. 11 Members of the Board shall have no liability in any action 12 based upon any disciplinary proceeding or other activity 13 performed in good faith as a member of the Board. 14 The Secretary may terminate the appointment of any member 15 for cause which in the sole opinion of the Secretary 16 reasonably justifies such termination. 17 (Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.) 18 (225 ILCS 15/10) (from Ch. 111, par. 5360) 19 (Section scheduled to be repealed on January 1, 2027) 20 Sec. 10. Qualifications of applicants; examination. The 21 Department, except as provided in Section 11 of this Act, 22 shall issue a license as a clinical psychologist to any person 23 who pays an application fee and who: 24 (1) is at least 21 years of age; 25 (2) (blank); HB5387 Enrolled - 26 - LRB104 18003 AAS 31440 b 1 (3) is a graduate of a doctoral program from a 2 college, university or school accredited by the regional 3 accrediting body which is recognized by the Council on 4 Postsecondary Accreditation and is in the jurisdiction in 5 which it is located for purposes of granting the doctoral 6 degree and either: 7 (a) is a graduate of a doctoral program in 8 clinical, school or counseling psychology either 9 accredited by the American Psychological Association 10 or the Psychological Clinical Science Accreditation 11 System or approved by the Council for the National 12 Register of Health Service Providers in Psychology or 13 other national board recognized by the Board, and has 14 completed 2 years of satisfactory supervised 15 experience in clinical, school or counseling 16 psychology at least one of which is an internship and 17 one of which is postdoctoral; or 18 (b) holds a doctoral degree from a recognized 19 college, university or school which the Department, 20 through its rules, establishes as being equivalent to 21 a clinical, school or counseling psychology program 22 and has completed at least one course in each of the 23 following 7 content areas, in actual attendance at a 24 recognized university, college or school whose 25 graduates would be eligible for licensure under this 26 Act: scientific and professional ethics, biological HB5387 Enrolled - 27 - LRB104 18003 AAS 31440 b 1 basis of behavior, cognitive-affective basis of 2 behavior, social basis of behavior, individual 3 differences, assessment, and treatment modalities; and 4 has completed 2 years of satisfactory supervised 5 experience in clinical, school or counseling 6 psychology, at least one of which is an internship and 7 one of which is postdoctoral; or 8 (c) holds a doctorate in psychology or in a 9 program whose content is psychological in nature from 10 an accredited college, university or school not 11 meeting the standards of paragraph (a) or (b) of this 12 subsection (3) and provides evidence of the completion 13 of at least one course in each of the 7 content areas 14 specified in paragraph (b) in actual attendance at a 15 recognized university, school or college whose 16 graduate would be eligible for licensure under this 17 Act; and has completed an appropriate practicum, an 18 internship or equivalent supervised clinical 19 experience in an organized mental health care setting 20 and 2 years of satisfactory supervised experience in 21 clinical or counseling psychology, at least one of 22 which is postdoctoral; and 23 (4) has passed an examination authorized by the 24 Department to determine the person's his or her fitness to 25 receive a license. 26 Applicants for licensure under subsection (3)(a) and (3)(b) of HB5387 Enrolled - 28 - LRB104 18003 AAS 31440 b 1 this Section shall complete 2 years of satisfactory supervised 2 experience, at least one of which shall be an internship and 3 one of which shall be postdoctoral. A year of supervised 4 experience is defined as not less than 1,750 hours obtained in 5 not less than 50 weeks based on 35 hours per week for full-time 6 work experience. Full-time supervised experience will be 7 counted only if it is obtained in a single setting for a 8 minimum of 6 months. Part-time and internship experience will 9 be counted only if it is 18 hours or more a week for a minimum 10 of 9 months and is in a single setting. The internship 11 experience required under subsection (3)(a) and (3)(b) of this 12 Section shall be a minimum of 1,750 hours completed within 24 13 months. 14 Programs leading to a doctoral degree require minimally 15 the equivalent of 3 full-time academic years of graduate 16 study, at least 2 years of which are at the institution from 17 which the degree is granted, and of which at least one year or 18 its equivalent is in residence at the institution from which 19 the degree is granted. Course work for which credit is given 20 for life experience will not be accepted by the Department as 21 fulfilling the educational requirements for licensure. 22 Residence requires interaction with psychology faculty and 23 other matriculated psychology students; one year's residence 24 or its equivalent is defined as follows: 25 (a) 30 semester hours taken on a full-time or 26 part-time basis at the institution accumulated within 24 HB5387 Enrolled - 29 - LRB104 18003 AAS 31440 b 1 months, or 2 (b) a minimum of 350 hours of student-faculty contact 3 involving face-to-face individual or group courses or 4 seminars accumulated within 18 months. Such educational 5 meetings must include both faculty-student and 6 student-student interaction, be conducted by the 7 psychology faculty of the institution at least 90% of the 8 time, be fully documented by the institution, and relate 9 substantially to the program and course content. The 10 institution must clearly document how the applicant's 11 performance is assessed and evaluated. 12 To meet the requirement for satisfactory supervised 13 experience, under this Act the supervision must be performed 14 pursuant to the order, control and full professional 15 responsibility of a licensed clinical psychologist. The 16 clients shall be the clients of the agency or supervisor 17 rather than the supervisee. Supervised experience in which the 18 supervisor receives monetary payment or other consideration 19 from the supervisee or in which the supervisor is hired by or 20 otherwise employed by the supervisee shall not be accepted by 21 the Department as fulfilling the practicum, internship or 2 22 years of satisfactory supervised experience requirements for 23 licensure. 24 Examinations for applicants under this Act shall be held 25 at the direction of the Department from time to time but not 26 less than once each year. The scope and form of the examination HB5387 Enrolled - 30 - LRB104 18003 AAS 31440 b 1 shall be determined by the Department. 2 Each applicant for a license who possesses the necessary 3 qualifications therefor shall be examined by the Department, 4 and shall pay to the Department, or its designated testing 5 service, the required examination fee, which fee shall not be 6 refunded by the Department. Beginning one year after the 7 effective date of this amendatory Act of the 104th General 8 Assembly, the required examination may be taken upon 9 graduation and before completion of a postdoctoral supervised 10 experience in clinical, school, or counseling psychology. 11 Applicants have 3 years from the date of application to 12 complete the application process. If the process has not been 13 completed in 3 years, the application shall be denied, the fee 14 shall be forfeited, and the applicant must reapply and meet 15 the requirements in effect at the time of reapplication. 16 An applicant has one year from the date of notification of 17 successful completion of the examination to apply to the 18 Department for a license. If an applicant fails to apply 19 within one year, the applicant shall be required to take and 20 pass the examination again unless licensed in another 21 jurisdiction of the United States within one year of passing 22 the examination. 23 (Source: P.A. 104-301, eff. 1-1-26 .) 24 (225 ILCS 15/11) (from Ch. 111, par. 5361) 25 (Section scheduled to be repealed on January 1, 2027) HB5387 Enrolled - 31 - LRB104 18003 AAS 31440 b 1 Sec. 11. Endorsement; clinical psychologists Persons 2 licensed in other jurisdictions . 3 (a) The Department may, in its discretion, grant a license 4 on payment of the required fee to any person who, at the time 5 of application, is licensed by another state or jurisdiction 6 of the United States or by any foreign country or province 7 whose standards, in the opinion of the Department, were 8 substantially equivalent, at the date of the person's his or 9 her licensure in the other jurisdiction, to the requirements 10 of this Act or to any person who, at the time of the person's 11 his or her licensure, possessed individual qualifications that 12 were substantially equivalent to the requirements then in 13 force in this State. 14 (b) The Department may issue a license, upon payment of 15 the required fee and recommendation of the Board, to an 16 individual applicant who: 17 (1) has been licensed based on a doctorate degree to 18 practice psychology in one or more other states or Canada 19 for at least 30 months during the 5 consecutive years 20 preceding application 20 years ; 21 (2) has had no disciplinary action taken against his 22 or her license in any other jurisdiction during the entire 23 period of licensure; 24 (3) (blank); 25 (4) has not violated any provision of this Act or the 26 rules adopted under this Act; and HB5387 Enrolled - 32 - LRB104 18003 AAS 31440 b 1 (5) complies with all additional rules promulgated 2 under this subsection. 3 The Department may promulgate rules to further define 4 these licensing criteria. 5 (b-5) The endorsement process for individuals who are 6 already licensed as medical or prescribing psychologists in 7 another state is governed by Section 4.5 of this Act and not 8 this Section. 9 (c) Applicants have 3 years from the date of application 10 to complete the application process. If the process has not 11 been completed in 3 years, the application shall expire be 12 denied , the fee shall be forfeited, and the applicant must 13 reapply and meet the requirements in effect at the time of 14 reapplication. 15 (Source: P.A. 99-572, eff. 7-15-16.) 16 (225 ILCS 15/11.5) 17 (Section scheduled to be repealed on January 1, 2027) 18 Sec. 11.5. Temporary authorization of practice by persons 19 licensed in other jurisdictions. 20 (a) A person licensed in another jurisdiction is 21 authorized to render The Department, in its discretion, may 22 issue a temporary permit authorizing the rendering of clinical 23 psychological services, as defined in Section 2 of this Act, 24 in this State for up to 10 calendar days per year, 25 consecutively or in aggregate if the . This temporary permit HB5387 Enrolled - 33 - LRB104 18003 AAS 31440 b 1 may be issued to an individual who is licensed in good standing 2 to practice psychology independently and at the doctoral level 3 in another state, province, or territory. Any portion of a 4 calendar day in which the psychologist provides services in 5 this State is considered one working day. In no case shall a 6 person practicing pursuant to this subsection (a) establish a 7 permanent office location in Illinois, nor prepare or publish 8 letterhead, business cards, or similar publicity materials 9 listing an Illinois address or Illinois-based phone number. 10 Time devoted to providing testimony in court or in deposition 11 shall not be counted as part of the 10 calendar days allowed 12 under this subsection (a). 13 An applicant for a temporary permit under this subsection 14 (a) must apply to the Department on forms and in the manner 15 prescribed by the Department. The application shall require 16 that the applicant submit to the Department (i) satisfactory 17 proof that the applicant is licensed in good standing to 18 practice psychology independently and at the doctoral level in 19 another state, province, or territory, including the sworn 20 statement of the applicant that his or her license is not 21 encumbered in any manner by any licensing authority, (ii) the 22 name of the state, province, or territory in which the 23 applicant is licensed, and (iii) the applicant's license 24 number or other appropriate identifier issued by the licensing 25 authority to the applicant. 26 (b) The Secretary may temporarily authorize an individual HB5387 Enrolled - 34 - LRB104 18003 AAS 31440 b 1 to practice clinical psychology who (i) holds an active, 2 unencumbered license in good standing in another jurisdiction 3 and (ii) has applied for a license under this Act due to a 4 natural disaster or catastrophic event in the jurisdiction in 5 which the individual he or she is licensed. The temporary 6 authorization granted under this subsection (b) expires upon 7 the issuance of a license under this Act or upon the 8 notification that licensure has been denied by the Department. 9 (c) Any psychologist practicing pursuant to subsection (a) 10 or (b) of this Section shall conform the psychologist's his or 11 her practice to the mandates of and shall be subject to the 12 prohibitions and sanctions, as well as the provisions on 13 hearings and investigations, contained in this Act and any 14 rules adopted thereunder while the psychologist he or she is 15 practicing in this State. 16 (Source: P.A. 95-451, eff. 1-1-08 .) 17 (225 ILCS 15/12.5) 18 (Section scheduled to be repealed on January 1, 2027) 19 Sec. 12.5. Social Security Number or individual taxpayer 20 identification number on license application. In addition to 21 any other information required to be contained in the 22 application, every application for an original license under 23 this Act shall include the applicant's Social Security Number 24 or individual taxpayer identification number , which shall be 25 retained in the agency's records pertaining to the license. As HB5387 Enrolled - 35 - LRB104 18003 AAS 31440 b 1 soon as practical, the Department shall assign a customer's 2 identification number to each applicant for a license. 3 Every application for a renewal or restored license shall 4 require the applicant's customer identification number. 5 (Source: P.A. 97-400, eff. 1-1-12 .) 6 (225 ILCS 15/13) (from Ch. 111, par. 5363) 7 (Section scheduled to be repealed on January 1, 2027) 8 Sec. 13. License renewal; restoration. 9 (a) The expiration