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SB 3895

IDFPR-VARIOUS LICENSES

104th Regular Session Introduced by Suzy Glowiak Hilton

Extends and tightens licensing rules for clinical and prescribing psychologists, requires formal collaboration with physicians, updates CE, and outlines governance, discipline, and

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3895

Summary of SB 3895 (104th Illinois General Assembly)

Note: The bill appears as an amendment package that primarily addresses regulatory sunset provisions and substantial updates to the Clinical Psychologist Licensing Act, with related cross-references to other Acts scheduled for sunset in 2027 and 2032. The following summary focuses on the substantive provisions and their likely impact.

1) Purpose and Intent

  • Extend or reconsider regulatory sunset timelines for several professional licensing acts (in particular, the Clinical Psychologist Licensing Act) and related Acts.
  • Update and refine licensure requirements, governance, and practice rules for clinical psychology, as well as prescribing psychology and related professional standards.
  • Align disciplinary processes, scope of practice, and collaboration requirements between prescribing psychologists and collaborating physicians.
  • Improve record-keeping (address and email of record) and operational aspects of licensure administration.

2) Key Provisions and Changes

Regulatory Sunset Provisions

  • Section 4.37 (Regulatory Sunset Act) lists Acts repealed on January 1, 2027, including:
    • The Clinical Psychologist Licensing Act
    • The Illinois Optometric Practice Act, Marriage and Family Therapy Licensing Act, Boxing and Full-contact Martial Arts Act, Massage Licensing Act, Medical Practice Act of 1987, and several other professional licensing/oversight acts
    • A set of real estate and real-world licensing acts (e.g., Real Estate Appraiser Licensing Act, Landscape Architecture Registration Act, etc.)
  • Section 4.42 triggers repeal on January 1, 2032 for additional acts, including:
    • The Collateral Recovery Act
    • The Massage Therapy Practice Act
    • The Medical Practice Act of 1987
    • The Licensed Certified Professional Midwife Practice Act
  • Effect: Creates a framework where certain Acts are scheduled for repeal absent further legislative action; the bill itself contains amendments to the Clinical Psychologist Licensing Act, potentially as a precursor to longer-term renewal or reform.

Clinical Psychologist Licensing Act – Core Revisions (Sections 5 and related)

  • Definitions and Scope (Section 2, 2.5): Clarifies terms such as “Clinical psychology,” “Prescribing psychologist,” “Collaborating physician,” “Prescriptive authority,” and administrative concepts like “Address of record” and “Email address of record.”
  • Licensing Eligibility and Education (Section 10)
    • Outlines requirements for licensure, including doctoral-level education in clinical, school, or counseling psychology, supervised experience (including internship and postdoctoral requirements), and specifications for areas of study and residence.
    • Establishes options for equivalence routes if a candidate’s doctoral program does not fit standard APA or recognized accrediting paths.
    • Details supervision structure and experience hours, including how to count internships and postdocs.
    • Specifies examination requirements, with timing that may allow taking the exam after graduation and prior to postdoctoral experience (effective 1 year after enactment per amendment language).
  • Endorsement and Licensure by Reciprocity (Section 11; Section 4.5)
    • Allows licensure by endorsement for psychologists licensed in other states or countries if standards are substantially equivalent and other criteria are met.
    • Special provisions for individuals currently licensed as medical or prescribing psychologists in other jurisdictions (section 4.5(b-5)).
    • Applicants have a 3-year window to complete the application process; renewal/reciprocity rules apply similarly to other licensure processes.
  • Prescribing Psychologists and Collaborative Practice (Sections 4.3, 4.2)
    • Requires a written collaborative agreement for prescribing psychologists who hold prescribing authority, detailing the delegation of prescriptive authority by a collaborating physician.
    • Restrictions include age and condition-based delegations (e.g., limited to non-pregnant patients older than 65, or with certain medical conditions; exemptions for benzodiazepines Schedule III substances are addressed).
    • Delegation specifics: must name specific controlled substances; prohibitions on Schedule II prescriptions and injections; penalties for prescribing without proper authority.
    • Collaboration standards include monthly physician review, in-person or telecommunication-based consultation, and joint formulation/approval of orders.
  • Board Governance (Section 7)
    • Board composition includes licensed clinical psychologists, prescribing psychologists, physicians, educators, and a public member.
    • Term limits, meeting/quorum requirements, and the Board’s advisory role to the Department are defined.
    • Prescribing-psychologist-specific deliberations require a six-member quorum.
  • Confidentiality (Section 5)
    • Maintains professional confidentiality with specified narrow exceptions (e.g., homicide trials, competency proceedings, malpractice actions, consent, or death of the patient).
  • Discipline and Investigations (Sections 15, 16, 16.1)
    • Grounds for disciplinary action include fraud, gross negligence, unethical conduct, failures to respond to Department inquiries, substance abuse impairing practice, and various professional misconducts.
    • Allows investigations, hearings, and ability to impose fines up to $10,000 per violation.
    • Provisions for automatic suspension in cases of involuntary commitment and related court actions; appeals and hearing timelines are outlined.
  • License Renewal and Inactive Status (Sections 13, 14)
    • Renewal periods and continuing education requirements (rules to set minimum CE hours).
    • Inactive status options with penalties for practicing while inactive; restoration processes and fees described.
  • Miscellaneous Provisions
    • Social Security Number/Taxpayer ID usage and establishment of a customer ID number for licensees.
    • Advertising requirements (display of license title in ads).
    • Provisions around temporary practice by out-of-state licensees during emergencies or disasters.

3) Who/What Would Be Affected

  • Clinical Psychologists and Prescribing Psychologists:
    • Licensing standards, ongoing CE, disciplinary processes, and collaboration requirements with prescribing physicians.
  • Employers/Organizations:
    • Corporate practice considerations, internal supervision, and office practices must align with licensee requirements and collaboration agreements.
  • Physicians (Collaborating physicians):
    • Must participate in collaborative arrangements and ongoing supervision/consultation activities with prescribing psychologists.
  • Department of Financial and Professional Regulation (IDFPR/DPR):
    • Administration of licensure processes, oversight, board governance, and enforcement provisions.
  • Education/Training Institutions:
    • Academic requirements and supervised experiences defined for licensure may affect curriculum and practicum structures.

4) Procedural and Timeline Aspects

  • Sunset Provisions:
    • Some Acts are scheduled to repeal on January 1, 2027 (Sec. 4.37) or January 1, 2032 (Sec. 4.42) unless further legislative action is taken.
  • Implementation Timeline:
    • The amendment indicates certain effective changes would take place on or after the enactment date; some provisions reference a 1-year post-enactment effectiveness for certain licensing requirements (e.g., exam timing).
  • Examination and Application Deadlines:
    • Examinations may be taken after graduation but before postdoctoral experience; applicants have up to 3 years to complete the application process; separate restoration and inactive-status rules apply.
  • Collaboration/Prescribing Authority:
    • Written collaborative agreements and ongoing physician supervision requirements are central; changes would affect how prescribing psychologists practice and interact with collaborating physicians.

If you’d like, I can extract specific sections into a side-by-side comparison with current Illinois law, or provide a checklist for stakeholders (licensees, employers, and policymakers) to track the practical impacts of SB 3895.

Compiled from official sources — confirm details with the bill’s official record.

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