Ill. Admin. Code tit. 68 § 1400.50

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1400.50 - Unethical, Unauthorized, or Unprofessional Conduct

The Division may suspend, revoke, or refuse to issue or renew a license or take other disciplinary action, based upon its finding of unethical, unauthorized or unprofessional conduct (Section 15(7) of the Act), which is interpreted to include, but is not limited to, the following acts or practices:

a) Practicing or offering to practice beyond one's competency (for example, providing services or using techniques for which one is not qualified by education, training and experience);

b) Revealing facts, data or information relating to a client or examinee, except as allowed under Section 5 of the Act or under the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110]. The release of information with the expressed consent of the client as provided for in Section 6 of the Act is interpreted to mean that the psychologist, prior to the release of the information, obtained written consent and made certain that the client understood the possible uses or distributions of the information. Case history material may be used for teaching or research purposes or in textbooks or other literature, provided that proper precautions are taken to conceal the identity of the clients or examinees involved;

c) Making gross or deliberate misrepresentations or misleading claims as to the licensee's professional qualifications or of the efficacy or value of the licensee's treatments or remedies, or those of another practitioner;

d) Failing to inform prospective research subjects or their authorized representative of potential serious after effects of the research or failing to remove the after effects as soon as the design of the research permits;

e) Refusing to divulge to the Division, upon request, techniques or procedures used in the licensee's professional activities;

f) Directly or indirectly giving to or receiving from any person, firm or corporation any fee, commission, rebate or other form of compensation for any professional services not actually rendered;

g) Impersonating another person holding a psychology license or allowing another person to use the licensee's license;

h) Committing any dishonest, corrupt or fraudulent act that is substantially related to the functions or duties of a psychologist providing services or supervising psychological services;

i) Committing any act of sexual misconduct, sexual abuse or sexual relations with one's client, patient, student supervisee or ex-client within 24 months after termination of treatment;

j) Submitting fraudulent claims for services to any health insurance company or health service plan or third-party payor;

k) Violating the American Psychological Association, "Ethical Principles of Psychologists and Code of Conduct" (2002, amended and effective June, 2010 and January 1, 2017), which is incorporated by reference with no later amendments or editions, and may be obtained online at: http://www.apa.org/ethics/code/index.html.

Ill. Admin. Code tit. 68, § 1400.50

Amended at 36 Ill. Reg. 15468, effective November 2, 2012

Adopted at 41 Ill. Reg. 12490, effective 10/6/2017.

Amended at 48 Ill. Reg. 12770, effective 8/9/2024