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Taylor v. Hayes

OCTOBER 30, 1970.

JOHN J. TAYLOR, PLAINTIFF-APPELLEE,

v.

JOHN B. HAYES ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. EDWARD F. HEALY, Judge, presiding.

MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT:

Defendants appeal from a judgment which found (1) that certain provisions of the Psychologist Registration Act, Ill. Rev. Stat. 1963, ch. 91 1/2, pars. 10 and 11 (hereinafter "Act") were not applicable to the plaintiff to the extent that (a) they prohibited him from holding himself out to the public as a psychologist and (b) they operated to make the plaintiff ineligible to apply for a certificate of registration on the basis that he did not have the educational requirements as set forth in the Act; (2) that a writ of injunction issue restraining defendants from interfering with the right of plaintiff to hold himself out as a psychologist; (3) that the educational or examination requirements of Sections 10 and 11(a) and (b) of the Act were inapplicable to the plaintiff and should not be applied to him; and (4) that plaintiff was entitled to receive a certificate of registration as a psychologist and that a writ of injunction issue compelling defendants to issue such certificate.

Provisions 10 and 11(a) and (b) of the Act provide in part:

"10. Certificate of registration-Qualifications of applicant-Examinations-Fee.] § 10. The Department, except as provided in Section 11, shall issue a certificate of registration as psychologist to any person who pays an application fee and who:

(a) Is at least twenty-one years of age;

(b) Is of good moral character;

(c) Is a citizen of the United States or has legally declared his intention of becoming such a citizen;

(d) Has received a doctoral degree in psychology from a college, university, or other institution, approved by the Department;

(e) Has had at least two years of satisfactory professional experience;

(f) Has passed an examination conducted by the Department to determine his fitness to receive a certificate.

11. Education and examination requirements — * * * (a) Until 2 years after effective date of this Act the Department shall allow a Master's degree in psychology from an approved college, university, or other institution and 2 years professional experience which is deemed satisfactory by the Department, to meet the education and examination requirements of paragraphs (d), (e) and (f) of Section 10.

(b) After 2 years but within 8 years after effective date of this Act the requirements of paragraphs (d) and (e) of Section 10 shall be modified and shall be deemed to be met by the submission of evidence satisfactory to the Department that the applicant (1) has received a Master's degree in psychology from an approved college, university, or other institution; and in addition (2) has had at least 5 years of satisfactory professional experience in rendering psychological services, including at least 2 years of satisfactory supervised experience in rendering psychological services, 1 year of which experience must have been received following completion of the Master's degree."

The facts may be briefly summarized. Some time after the enactment of the Act, plaintiff was served with a notice by an investigator of the Department of Education and Registration (hereinafter "Department") informing him that he would be arrested if he continued to practice psychology in violation of the Act. Thereafter, on December 4, 1965, plaintiff filed his complaint for declaratory judgment and writ of injunction.

At trial plaintiff testified that he is a practicing psychologist who has been actively engaged in such practice since 1953. He had a Bachelor of Arts degree and he had completed thirty-two hours of post-graduate studies at schools approved by the Department. He finished his academic work in 1954. He did not receive a Master's degree for in order to receive such a degree he would have had to intern at a state hospital for one year. He was unable to intern since there was illness in the ...


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