Full Text of HB4520 97th General Assembly
HB4520ham001 97TH GENERAL ASSEMBLY | Rep. Angelo Saviano Filed: 3/6/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4520
| 2 | | AMENDMENT NO. ______. Amend House Bill 4520 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.23 and by adding Section 4.33 as follows:
| 6 | | (5 ILCS 80/4.23)
| 7 | | Sec. 4.23. Acts and Sections repealed on January 1,
2013. | 8 | | The following Acts and Sections of Acts are
repealed on January | 9 | | 1, 2013:
| 10 | | The Dietetic and Nutrition Services Practice Act.
| 11 | | The Elevator Safety and Regulation Act.
| 12 | | The Fire Equipment Distributor and Employee Regulation Act | 13 | | of 2011. | 14 | | The Funeral Directors and Embalmers Licensing Code.
| 15 | | The Naprapathic Practice Act.
| 16 | | The Professional Counselor and Clinical Professional |
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| 1 | | Counselor
Licensing Act.
| 2 | | The Wholesale Drug Distribution Licensing Act.
| 3 | | Section 2.5 of the Illinois Plumbing License Law.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
| 5 | | (5 ILCS 80/4.33 new) | 6 | | Sec. 4.33. Act repealed on January 1, 2023. The following | 7 | | Act is
repealed on January 1, 2023: | 8 | | The Professional Counselor and Clinical Professional | 9 | | Counselor
Licensing and Practice Act. | 10 | | Section 5. The Professional Counselor and Clinical | 11 | | Professional Counselor
Licensing Act is amended by changing | 12 | | Sections 1, 5, 10, 20, 21, 25, 30, 45, 50, 60, 65, 75, 80, 85, | 13 | | 90, 95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155, 160, | 14 | | and 165 and by adding Sections 18 and 93 as follows:
| 15 | | (225 ILCS 107/1)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 1. Short title. This Act may be cited as the | 18 | | Professional Counselor
and
Clinical Professional Counselor | 19 | | Licensing and Practice Act.
| 20 | | (Source: P.A. 87-1011.)
| 21 | | (225 ILCS 107/5)
| 22 | | (Section scheduled to be repealed on January 1, 2013)
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| 1 | | Sec. 5. Declaration of public policy. The practice of | 2 | | professional
counseling and clinical professional counseling | 3 | | is hereby declared to
affect the public health, safety and | 4 | | welfare, and to be subject to
regulation in the public | 5 | | interest. The purpose of the Act is to protect and
benefit the | 6 | | public by setting standards of qualifications, education,
| 7 | | training, and experience for those who seek to
engage in the | 8 | | independent practice of clinical professional counseling and | 9 | | in the practice of professional counseling in the State of | 10 | | Illinois and to obtain a license and hold the title of | 11 | | professional counselor, to
promote high standards of | 12 | | professional performance for those licensed to
practice | 13 | | professional counseling and clinical professional counseling | 14 | | in
the State of Illinois, and to protect the public from | 15 | | unprofessional
conduct by persons licensed to practice | 16 | | professional counseling and the independent practice of
| 17 | | clinical professional counseling.
| 18 | | (Source: P.A. 87-1011.)
| 19 | | (225 ILCS 107/10)
| 20 | | (Section scheduled to be repealed on January 1, 2013)
| 21 | | Sec. 10. Definitions. As used in this Act:
| 22 | | "Address of record" means the designated address recorded | 23 | | by the Department in the applicant's or licensee's application | 24 | | file or license file as maintained by the Department's | 25 | | licensure maintenance unit. It is the duty of the applicant or |
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| 1 | | licensee to inform the Department of any change of address and | 2 | | those changes must be made either through the Department's | 3 | | website or by contacting the Department. | 4 | | "Department" means the Department of Financial and | 5 | | Professional Regulation.
| 6 | | "Director" means the Director of Professional Regulation.
| 7 | | "Board" means the Professional Counselor Licensing and | 8 | | Disciplinary
Board as appointed by the Secretary Director .
| 9 | | "Person" means an individual, association, partnership, or
| 10 | | corporation.
| 11 | | "Professional counseling" means the provision of services | 12 | | to
individuals, couples, groups, families, and organizations | 13 | | in any one or
more of the fields of professional counseling. | 14 | | "Professional counseling" includes the therapeutic process of: | 15 | | (i) conducting assessments and diagnosing for the purpose of | 16 | | establishing treatment goals and objectives and (ii) planning, | 17 | | implementing, and evaluating treatment plans using treatment | 18 | | interventions to facilitate human development and to identify | 19 | | and remediate mental, emotional, or behavioral disorders and | 20 | | associated distresses that interfere with mental health. | 21 | | Professional counseling
includes, but is not limited to:
| 22 | | (1) social, emotional, educational, and career testing | 23 | | and evaluation;
| 24 | | (2) a professional relationship between a counselor | 25 | | and a client in
which the counselor provides assistance in | 26 | | coping with life issues that include
relationships, |
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| 1 | | conflicts, problem solving, decision making, and
| 2 | | developmental concerns; and
| 3 | | (3) research.
| 4 | | Professional counseling may also include clinical | 5 | | professional
counseling as long as it is not conducted in | 6 | | independent private practice
as defined in this Act.
| 7 | | "Clinical professional counseling" means the provision of
| 8 | | professional counseling and mental health services, which | 9 | | includes, but is
not limited to, the application of clinical | 10 | | counseling theory and
techniques to prevent and alleviate | 11 | | mental and emotional disorders and
psychopathology and to | 12 | | promote optimal mental health, rehabilitation,
treatment, | 13 | | testing, assessment, and evaluation. "Clinical professional | 14 | | counseling" may include the practice of professional | 15 | | counseling as defined in this Act. It also includes
clinical | 16 | | counseling and psychotherapy in a professional relationship to
| 17 | | assist individuals, couples, families, groups, and | 18 | | organizations to
alleviate emotional disorders, to understand | 19 | | conscious and unconscious
motivation, to resolve emotional, | 20 | | relationship, and attitudinal conflicts,
and to modify | 21 | | behaviors that interfere with effective emotional, social,
| 22 | | adaptive, and intellectual functioning.
| 23 | | "Licensed professional counselor" and "professional | 24 | | counselor" means
a person who holds a license authorizing the | 25 | | practice of professional
counseling as defined in this Act.
| 26 | | "Licensed clinical professional counselor" and "clinical
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| 1 | | professional counselor" means a person who holds
a license | 2 | | authorizing the independent practice of clinical professional
| 3 | | counseling in private practice as defined in this Act.
| 4 | | "Independent private practice of clinical professional | 5 | | counseling" means the
application of clinical professional | 6 | | counseling knowledge and skills by a
licensed clinical | 7 | | professional counselor who (i) regulates and is responsible
for | 8 | | her or his own practice or treatment procedures and (ii) is | 9 | | self-employed
or works in a group practice or setting not | 10 | | qualified under Internal Revenue
Service regulations as a | 11 | | not-for-profit business .
| 12 | | "Clinical supervision" or "supervision" means review of | 13 | | aspects of
counseling and case
management in a face-to-face | 14 | | meeting with the person under supervision.
| 15 | | "Qualified supervisor" or "qualified clinical supervisor" | 16 | | means any
person who is a licensed clinical
professional | 17 | | counselor, licensed clinical social worker, licensed clinical
| 18 | | psychologist, psychiatrist as defined in Section 1-121 of the | 19 | | Mental Health and
Developmental Disabilities Code, or other | 20 | | supervisor as defined by
rule. A qualified supervisor may be | 21 | | provided at the applicant's place of work,
or may be hired by | 22 | | the applicant to provide supervision.
| 23 | | "License" means that which is required to practice | 24 | | professional
counseling or clinical professional counseling as | 25 | | defined in this Act.
| 26 | | "Secretary" means the Secretary of Financial and |
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| 1 | | Professional Regulation. | 2 | | "Volunteer" means a person performing services without | 3 | | compensation for a nonprofit organization, a nonprofit | 4 | | corporation, a hospital, a governmental entity, or a private | 5 | | business, other than reimbursement for actual expenses | 6 | | incurred. "Volunteer" includes a person serving as a director, | 7 | | officer, trustee, or direct service volunteer. | 8 | | (Source: P.A. 92-719, eff. 7-25-02.)
| 9 | | (225 ILCS 107/15)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 15. Exemptions.
| 12 | | (a) This Act does not prohibit any persons legally | 13 | | regulated in this
State by any other Act from engaging in the | 14 | | practice for which they are
authorized as long as they do not | 15 | | represent themselves by the title of
"professional counselor", | 16 | | "licensed professional counselor", "clinical
professional | 17 | | counselor", or "licensed clinical professional counselor".
| 18 | | This Act does not prohibit the practice of nonregulated | 19 | | professions whose
practitioners are engaged in the delivery of | 20 | | human services as long as
these practitioners do not represent | 21 | | themselves as or use the title of
"professional counselor", | 22 | | "licensed professional counselor", "clinical
professional | 23 | | counselor", or "licensed clinical professional counselor".
| 24 | | (b) Nothing in this Act shall be construed to limit the | 25 | | activities and
services of a student, intern, or resident in |
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| 1 | | professional counseling or
clinical professional counseling | 2 | | seeking to fulfill educational requirements in
order to qualify | 3 | | for a license under this Act
if (i) these activities and | 4 | | services constitute a part of the student's
supervised course | 5 | | of study, (ii) or an individual seeking to
fulfill the | 6 | | post-degree experience requirements in order to qualify for
| 7 | | licensing under this Act,
as long as the activities and | 8 | | services are not conducted in an independent
practice, as | 9 | | defined in this
Act,
(iii) if the activities and services are | 10 | | supervised as
specified in this Act, and (iv) that the student, | 11 | | intern, or resident
is designated by a title "intern" or | 12 | | "resident" or other designation of
trainee status. Nothing | 13 | | contained in this Section shall be construed
to permit | 14 | | students, interns, or residents to offer their services as
| 15 | | professional counselors or clinical professional counselors to | 16 | | any other
person , and to accept remuneration for such | 17 | | professional counseling or
clinical professional counseling | 18 | | services other than as specifically
excepted in this Section, | 19 | | unless they have been licensed under this Act.
| 20 | | (b-5) Nothing in this Act shall be construed to limit the | 21 | | activities and services of individuals seeking to fulfill | 22 | | post-degree experience requirements in order to qualify for | 23 | | licensing as a clinical professional counselor under this Act, | 24 | | so long as the individual is not engaged in the independent | 25 | | private practice of clinical professional counseling as | 26 | | defined in this Act, and is in compliance with all applicable |
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| 1 | | regulations regarding supervision including, but not limited | 2 | | to, the requirement that the supervised experience must be | 3 | | under the order, control, and full professional responsibility | 4 | | of their supervisor. The Department may, by rule, adopt further | 5 | | limitations on individuals practicing under this subsection. | 6 | | (c) Corporations, partnerships, and associations may | 7 | | employ practicum
students, interns, or post-degree candidates | 8 | | seeking to fulfill educational
requirements or the | 9 | | professional experience requirements needed to qualify
for a | 10 | | license under this Act if their activities and services
| 11 | | constitute a part of the student's supervised course of study | 12 | | or
post-degree professional experience requirements. Nothing | 13 | | in this paragraph
shall prohibit a corporation, partnership, or | 14 | | association from contracting
with a licensed health care | 15 | | professional to provide services that they are
licensed to | 16 | | provide.
| 17 | | (d) Nothing in this Act shall prevent the employment, by a | 18 | | professional
counselor or clinical professional counselor, | 19 | | person, association,
partnership, or a corporation furnishing | 20 | | professional counseling or
clinical professional counseling | 21 | | services for remuneration, of persons not
licensed as | 22 | | professional counselors or clinical professional counselors
| 23 | | under this Act to perform services in various capacities as | 24 | | needed if these
persons are not in any manner held out to the | 25 | | public or do not hold themselves
out to the public by any title | 26 | | or designation stating or implying that they are
professional |
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| 1 | | counselors or clinical professional counselors.
| 2 | | (e) Nothing in this Act shall be construed to limit the | 3 | | services of a
person, not licensed under the provisions of this | 4 | | Act, in the employ of a
federal, State, county, or municipal | 5 | | agency or other political subdivision or
not-for-profit | 6 | | corporation providing human services if (1) the services are a
| 7 | | part of the duties in his or her salaried position, (2) the | 8 | | services are
performed solely on behalf of his or her employer, | 9 | | and (3) that person does not
in any manner represent himself or | 10 | | herself as or use the title of "professional
counselor", | 11 | | "licensed professional counselor", "clinical professional
| 12 | | counselor", or "licensed clinical professional counselor".
| 13 | | (f) Duly recognized members of any religious organization | 14 | | shall not be
restricted from functioning in their ministerial | 15 | | capacity provided they do
not represent themselves as being | 16 | | professional counselors or clinical
professional counselors, | 17 | | or as providing "professional counseling" or
"clinical | 18 | | professional counseling". This Act shall not apply or be
| 19 | | construed so as to apply to the employees or agents of a church | 20 | | or
religious organization or an organization owned, | 21 | | controlled, or affiliated
with a church or religious | 22 | | organization, unless the church, religious
organization, or | 23 | | owned, controlled, or affiliated organization designates or
| 24 | | holds these employees or agents out to the public as | 25 | | professional
counselors or clinical professional counselors or | 26 | | holds out their services
as being "professional counseling" or |
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| 1 | | "clinical professional counseling".
| 2 | | (g) Nothing in this Act shall prohibit individuals not | 3 | | licensed under
the provisions of this Act who work in self-help | 4 | | groups or programs or
not-for-profit organizations from | 5 | | providing services in those groups,
programs, or | 6 | | organizations, as long as those persons are not in any
manner | 7 | | held out to the public as practicing professional counseling or
| 8 | | clinical professional counseling, or do not hold themselves out | 9 | | to the
public by any title or designation stating or implying | 10 | | that
they are professional counselors or clinical professional | 11 | | counselors.
| 12 | | (h) Nothing in this Act shall be construed to limit the | 13 | | activities and
use of the official title of "professional | 14 | | counselor" or "clinical
professional counselor" on the part of | 15 | | a person
not licensed under this Act who is an academic | 16 | | employee of a duly chartered
institution of higher education | 17 | | and who holds educational and professional
qualifications | 18 | | equivalent to those required for licensing under this Act,
| 19 | | insofar as such activities are performed in the person's role | 20 | | as an
academic employee, or insofar as such person engages in | 21 | | public speaking
with or without remuneration.
| 22 | | (i) Nothing in this Act shall be construed to require | 23 | | licensure under
this Act or limit the services of a school | 24 | | counselor certified by the State
Teacher Certification Board | 25 | | and employed as authorized by Section
10-22-24a or any other | 26 | | provision of the School Code as long as that person is
not in |
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| 1 | | any manner held out to the public as a "professional counselor" | 2 | | or
"clinical professional counselor" or does not hold out his | 3 | | or her services as
being "professional counseling" or "clinical | 4 | | professional counseling".
| 5 | | (j) Nothing in this Act shall be construed to require any | 6 | | hospital,
clinic, home health agency, hospice, or other entity | 7 | | that provides health
care to employ or to contract with a | 8 | | person licensed under this Act to provide
professional | 9 | | counseling or clinical professional counseling services. These
| 10 | | persons may not hold themselves out or represent themselves to | 11 | | the public as
being licensed under this Act.
| 12 | | (k) Nothing in this Act shall be construed to require | 13 | | licensure under
this Act or limit the services of a person | 14 | | employed by a private elementary
or secondary school who | 15 | | provides counseling within the scope of his or her
employment | 16 | | as long as that person is not in any manner held out to the | 17 | | public
as a "professional counselor" or "clinical professional | 18 | | counselor" or does not
hold out his or her services as being | 19 | | "professional counseling" or "clinical
professional | 20 | | counseling".
| 21 | | (l) Nothing in this Act shall be construed to require | 22 | | licensure under
this Act or limit the services of a rape crisis | 23 | | counselor who is an
employee or volunteer of a rape crisis | 24 | | organization as defined in Section
8-802.1 of the Code of Civil | 25 | | Procedure as long as that person is not in any
manner held out | 26 | | to the public as a "professional counselor" or "clinical
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| 1 | | professional counselor" or does not hold out his or her | 2 | | services as being
"professional counseling" or "clinical | 3 | | professional counseling".
| 4 | | (m) Nothing in this Act shall be construed to prevent any | 5 | | licensed social
worker, licensed clinical social worker, or | 6 | | licensed clinical psychologist from
practicing professional | 7 | | counseling as long as that person is not in any manner
held out | 8 | | to the public as a "professional counselor" or "clinical | 9 | | professional
counselor" or does not hold out his or her | 10 | | services as being "professional
counseling" or "clinical | 11 | | professional counseling".
| 12 | | (n) Nothing in this Act shall be construed to limit the | 13 | | activities and use
of the official title of "professional | 14 | | counselor" or "clinical professional
counselor" on the part of | 15 | | a person not licensed under this Act who is a
physician | 16 | | licensed to practice medicine in all of its branches under the
| 17 | | Medical Practice Act of 1987.
| 18 | | (o) Nothing in this Act shall be construed to require | 19 | | licensure under this
Act or limit the services of a domestic | 20 | | violence counselor who is an employee
or volunteer of a | 21 | | domestic violence program as defined in Section 227 of the
| 22 | | Illinois Domestic Violence Act of 1986.
| 23 | | (Source: P.A. 92-719, eff. 7-25-02.)
| 24 | | (225 ILCS 107/18 new) | 25 | | Sec. 18. Provision of clinical services by licensed |
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| 1 | | professional counselors; scope of practice. | 2 | | (a) Licensed professional counselors may not engage in the | 3 | | independent practice of clinical professional counseling | 4 | | without a clinical professional counselor license. | 5 | | (b) In an independent private practice, a licensed | 6 | | professional counselor must practice at all times under the | 7 | | order, control, and full professional responsibility of a | 8 | | licensed clinical professional counselor, a licensed clinical | 9 | | social worker, a licensed clinical psychologist, or a | 10 | | psychiatrist as defined in Section 1-121 of the Mental Health | 11 | | and Developmental Disabilities Code. | 12 | | (c) When providing clinical professional counseling as set | 13 | | forth in this Act, a licensed professional counselors may not | 14 | | represent himself or herself as a sole or independent | 15 | | practitioner and may not use the title "clinical professional | 16 | | counselor" or "licensed clinical professional counselor". A | 17 | | licensed professional counselor providing clinical | 18 | | professional counseling shall always operate and represent | 19 | | himself or herself as providing services through or as a part | 20 | | of a group practice or through a clinical supervisor's | 21 | | practice, and the licensed professional counselor shall have no | 22 | | ownership interest in either type of practice. Licensed | 23 | | professional counselors providing clinical services shall | 24 | | provide the name and contact information of the licensed | 25 | | professional counselor's supervisor to all clients. | 26 | | (d) Nothing in this Act shall be construed to limit |
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| 1 | | licensed professional counselors from owning or engaging in | 2 | | sole or other type of practice or from using the title | 3 | | "licensed professional counselor" or "professional counselor" | 4 | | when providing social services that do not fall within the | 5 | | definition of professional counseling or clinical professional | 6 | | counseling as set forth in this Act. | 7 | | (e) The Department may adopt rules necessary to implement | 8 | | this Section.
| 9 | | (225 ILCS 107/20)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 20. Restrictions and limitations.
| 12 | | (a) No person shall, without a valid license as a | 13 | | professional
counselor issued by the Department: (i) in any | 14 | | manner hold himself or
herself out to the public as a | 15 | | professional counselor
under this Act; (ii) attach the title | 16 | | "professional counselor" or "licensed
professional
counselor"; | 17 | | or (iii) offer to render or render to individuals,
| 18 | | corporations, or the public professional counseling services.
| 19 | | (b) No person shall, without a valid license as a clinical | 20 | | professional
counselor issued by the Department: (i) in any | 21 | | manner hold himself or
herself out to the public as a clinical | 22 | | professional counselor or licensed
clinical professional | 23 | | counselor
under this Act; (ii) attach the title "clinical | 24 | | professional counselor" or
"licensed clinical professional
| 25 | | counselor"; or (iii) offer to render to individuals, |
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| 1 | | corporations, or the
public clinical professional counseling | 2 | | services.
| 3 | | (c) (Blank). Licensed professional counselors may not | 4 | | engage in independent
private practice as defined in this Act | 5 | | without
a clinical professional counseling license.
In an | 6 | | independent private practice, a licensed professional | 7 | | counselor must
practice at all
times under the order, control, | 8 | | and full professional responsibility of a
licensed clinical | 9 | | professional counselor, a licensed clinical social
worker, a | 10 | | licensed clinical psychologist, or a psychiatrist, as defined | 11 | | in
Section 1-121 of the Mental Health and Developmental | 12 | | Disabilities Code.
| 13 | | (d) No association , limited liability company, or | 14 | | partnership shall
practice clinical professional counseling or | 15 | | professional counseling unless
every member, partner, and | 16 | | employee of the association or partnership who
practices | 17 | | professional counseling or clinical professional counseling,
| 18 | | or who renders professional counseling or clinical
| 19 | | professional counseling services, holds a currently
valid | 20 | | license issued under this Act. No license shall be issued to a
| 21 | | corporation, the stated purpose of which includes or which | 22 | | practices or
which holds itself out as available to practice | 23 | | professional counseling or
clinical professional counseling | 24 | | unless it is organized under the
Professional Service | 25 | | Corporation Act.
| 26 | | (e) Nothing in this Act shall be construed as permitting |
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| 1 | | persons
licensed as professional counselors or clinical | 2 | | professional counselors to
engage in any manner in the practice | 3 | | of medicine in all its branches as defined
by law in this | 4 | | State.
| 5 | | (f) When, in the course of providing professional | 6 | | counseling or clinical
professional counseling services to any | 7 | | person, a professional counselor or
clinical professional | 8 | | counselor licensed under this Act finds indication of
a disease | 9 | | or condition that in his or her professional judgment requires
| 10 | | professional service outside the scope of practice as defined | 11 | | in this Act,
he or she shall refer that person to a physician | 12 | | licensed to practice
medicine in all of its branches or another | 13 | | appropriate health care
practitioner.
| 14 | | (Source: P.A. 94-765, eff. 1-1-07.)
| 15 | | (225 ILCS 107/21)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 21. Unlicensed practice; violation; civil penalty.
| 18 | | (a) Any person who practices, offers to practice, attempts | 19 | | to practice, or
holds
himself or herself out to practice as a | 20 | | clinical professional counselor or
professional
counselor | 21 | | without being licensed or exempt under this Act shall, in | 22 | | addition to
any other
penalty provided by law, pay a civil | 23 | | penalty to the Department in an amount not
to
exceed $10,000 | 24 | | $5,000 for each offense, as determined by the Department. The | 25 | | civil
penalty
shall be assessed by the Department after a |
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| 1 | | hearing is held in accordance with
the
provisions set forth in | 2 | | this Act regarding the provision of a hearing for the
| 3 | | discipline of a
licensee.
| 4 | | (b) The Department may investigate any actual, alleged, or | 5 | | suspected
unlicensed
activity.
| 6 | | (c) The civil penalty shall be paid within 60 days after | 7 | | the effective date
of the
order imposing the civil penalty. The | 8 | | order shall constitute a final judgment
and may be
filed and | 9 | | execution had thereon in the same manner as any judgment from | 10 | | any
court of
record.
| 11 | | (Source: P.A. 92-719, eff. 7-25-02.)
| 12 | | (225 ILCS 107/25)
| 13 | | (Section scheduled to be repealed on January 1, 2013)
| 14 | | Sec. 25. Powers and duties of the Department. Subject to | 15 | | the
provisions of this Act, the Department may:
| 16 | | (a) Authorize examinations to ascertain the qualifications | 17 | | and fitness
of applicants for licensing as professional | 18 | | counselors or clinical
professional counselors and pass upon | 19 | | the qualifications of applicants for
licensure by endorsement.
| 20 | | (b) Conduct hearings on proceedings to refuse to issue or | 21 | | renew or to
revoke licenses or suspend, place on probation, | 22 | | censure, or reprimand or take any other disciplinary or | 23 | | non-disciplinary action with regard to a person
persons | 24 | | licensed under this Act , and to refuse to issue or renew or to
| 25 | | revoke licenses, or suspend, place on probation, censure, or |
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| 1 | | reprimand
persons licensed under this Act .
| 2 | | (c) Formulate rules and regulations required for the | 3 | | administration of this
Act.
| 4 | | (d) Maintain rosters of the names and addresses of all | 5 | | licensees, and
all persons whose licenses have been suspended, | 6 | | revoked, or denied renewal
for cause within the previous | 7 | | calendar year. These rosters shall be
available upon written | 8 | | request and payment of the required fee.
| 9 | | (e) Establish rules for determining approved
undergraduate | 10 | | human services programs and graduate professional counseling,
| 11 | | clinical professional counseling, psychology, rehabilitation | 12 | | counseling and
similar programs and
prepare and maintain a
list | 13 | | of colleges and universities offering such programs whose | 14 | | graduates,
if they otherwise meet the requirements of this Act, | 15 | | are eligible to apply for a license .
| 16 | | (Source: P.A. 87-1011.)
| 17 | | (225 ILCS 107/30) (from Ch. 111, par. 8451-30)
| 18 | | (Section scheduled to be repealed on January 1, 2013)
| 19 | | Sec. 30. Professional Counselor Examining and Disciplinary | 20 | | Board.
| 21 | | (a) The Secretary Director shall appoint a Board which | 22 | | shall serve in an advisory
capacity to the Secretary Director . | 23 | | The Board shall consist of 7 persons, 2 of whom
are licensed | 24 | | solely as professional counselors, 3 of whom are licensed
| 25 | | solely as clinical professional counselors, one full-time |
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| 1 | | faculty member of an
accredited college or university that is | 2 | | engaged in training professional
counselors or clinical | 3 | | professional counselors who possesses the qualifications
| 4 | | substantially equivalent to the education and experience | 5 | | requirements for a
professional counselor or clinical | 6 | | professional counselor, and one member of
the public who is not | 7 | | a licensed health care provider. In appointing members of
the | 8 | | Board, the Secretary Director shall give due consideration to | 9 | | the adequate
representation of the various fields of | 10 | | counseling. In appointing members of
the Board, the Secretary | 11 | | Director shall give due consideration to recommendations by
| 12 | | members of the professions of professional counseling and | 13 | | clinical professional
counseling, the Statewide organizations | 14 | | representing the interests of
professional counselors and | 15 | | clinical professional counselors, organizations
representing | 16 | | the interests of academic programs, rehabilitation counseling
| 17 | | programs, and approved counseling programs in the State of | 18 | | Illinois.
| 19 | | (b) Members shall be appointed for and shall serve 4 year | 20 | | terms and
until their successors are appointed and qualified . | 21 | | No member of the Board shall serve more than 2 full consecutive | 22 | | terms , except that of the
initial appointments 2 members shall | 23 | | be appointed to serve for 2 years, 2
shall be appointed to | 24 | | serve for 3 years, and the remaining shall be
appointed to | 25 | | serve for 4 years and until their successors are appointed and
| 26 | | qualified. No member shall be reappointed to the Board for a |
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| 1 | | term that would
cause continuous service on the Board to be | 2 | | longer than 8 years . Any
appointment to fill a vacancy shall be | 3 | | for the unexpired portion of the term.
| 4 | | (c) The membership of the Board should reasonably reflect | 5 | | representation
from different geographic areas of Illinois.
| 6 | | (d) (Blank). Any member appointed to fill a vacancy shall | 7 | | be eligible for
reappointment to only one full term.
| 8 | | (e) The Secretary shall have the authority to Director may | 9 | | remove or suspend any member for cause at any time prior to
the | 10 | | expiration of his or her term. The Secretary shall be the sole | 11 | | arbiter of cause.
| 12 | | (f) The Board shall annually elect one of its members as | 13 | | chairperson.
| 14 | | (g) The members of the Board shall be reimbursed for all | 15 | | legitimate,
necessary, and authorized expenses incurred in | 16 | | attending the meetings of
the Board.
| 17 | | (h) The Board may make recommendations on matters relating | 18 | | to
approving graduate counseling, rehabilitation counseling, | 19 | | psychology, and
related programs.
| 20 | | (i) The Board may make recommendations on matters relating | 21 | | to continuing
education including the number of hours necessary | 22 | | for license renewal, waivers
for those unable to meet such | 23 | | requirements, and acceptable course content.
These | 24 | | recommendations shall not impose an undue burden on the | 25 | | Department or an
unreasonable restriction on those seeking | 26 | | license renewal.
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| 1 | | (j) The Secretary Director shall give due consideration to | 2 | | all recommendations of
the Board.
| 3 | | (k) Four members A majority of the Board members currently | 4 | | appointed shall constitute a
quorum. A quorum is required for | 5 | | all Board decisions. A vacancy in the membership of the Board | 6 | | shall not impair the right of
a
quorum to perform all of the | 7 | | duties of the Board.
| 8 | | (l) Members of the Board shall have no criminal, civil, or | 9 | | professional
liability in
an action based upon a disciplinary | 10 | | proceeding or other activity performed in
good faith
as a | 11 | | member of the Board, except for willful or wanton misconduct.
| 12 | | (Source: P.A. 92-719, eff. 7-25-02.)
| 13 | | (225 ILCS 107/45)
| 14 | | (Section scheduled to be repealed on January 1, 2013)
| 15 | | Sec. 45. Qualifications for a license.
| 16 | | (a) Professional counselor. A person is qualified to be | 17 | | licensed as a
licensed professional counselor, and the | 18 | | Department shall issue a license
authorizing the practice of | 19 | | professional counseling to an applicant who:
| 20 | | (1) has applied in writing on the prescribed form and | 21 | | has paid the
required fee;
| 22 | | (2) is at least 21 years of age and has not engaged in | 23 | | conduct or
activities which would constitute grounds for | 24 | | discipline under this Act;
| 25 | | (3) is a graduate of:
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| 1 | | (A) a master's or doctoral level program in the | 2 | | field of counseling,
rehabilitation counseling, | 3 | | psychology, or similar degree program approved by
the | 4 | | Department; or
| 5 | | (B) in the case of an applicant who applied applies | 6 | | for licensure before the effective date of this | 7 | | amendatory Act of the 96th General Assembly, an | 8 | | approved baccalaureate program in human services or | 9 | | similar
degree program approved by the Department and | 10 | | can document the equivalent of 5
years of full-time | 11 | | satisfactory supervised experience, as established by | 12 | | rule,
under a qualified supervisor;
| 13 | | (4) has passed an examination for the practice of | 14 | | professional
counseling as authorized by the Department; | 15 | | and
| 16 | | (5) has paid the fees required by this Act.
| 17 | | Any person who has received certification by any State or | 18 | | national
organization whose standards are accepted by the | 19 | | Department as being
substantially similar to the standards in | 20 | | this Act may apply for a
professional counselor license and | 21 | | need not be examined further.
| 22 | | (b) Clinical professional counselor. A person is qualified | 23 | | to be
licensed as a clinical professional counselor, and the | 24 | | Department shall
issue a license authorizing the practice of | 25 | | clinical professional
counseling to an applicant who:
| 26 | | (1) has applied in writing on the prescribed form and |
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| 1 | | has paid the
required fee;
| 2 | | (2) is at least 21 years of age and has not engaged in | 3 | | conduct or
activities which would constitute grounds for | 4 | | discipline under this Act;
| 5 | | (3) is a graduate of:
| 6 | | (A) a master's level program in the field of | 7 | | counseling, rehabilitation
counseling, psychology, or | 8 | | similar degree program approved by the Department
and | 9 | | has completed the equivalent of 2 years full-time | 10 | | satisfactory supervised
employment or experience | 11 | | working as a clinical counselor under
the
direction of | 12 | | a qualified supervisor subsequent to the degree; or
| 13 | | (B) a doctoral program in the field of counseling, | 14 | | rehabilitation
counseling, psychology, or similar | 15 | | program approved by the Department and has
completed | 16 | | the equivalent of 2 years full-time satisfactory | 17 | | supervised
employment or experience working as a | 18 | | clinical counselor under
the
direction of a qualified | 19 | | supervisor, at least one year of which is subsequent
to | 20 | | the degree;
| 21 | | (4) has passed the examination for the practice of | 22 | | clinical
professional counseling as authorized by the | 23 | | Department; and
| 24 | | (5) has paid the fees required by this Act.
| 25 | | Any person who has received certification or licensure by | 26 | | any State or national
organization whose standards are accepted |
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| 1 | | by the Department as being
substantially similar to the | 2 | | standards in this Act may apply for a clinical
professional | 3 | | counselor license, and need not be examined further.
| 4 | | (c) Examination for applicants under this Act shall be held | 5 | | at the
discretion of the Department from time to time but not | 6 | | less than once each
year. The examination used shall be | 7 | | authorized by the
Department.
| 8 | | (d) Upon application and payment of the required fee, an | 9 | | applicant who has
an active license as a clinical psychologist | 10 | | or a clinical social worker
licensed under the laws of this | 11 | | State may, without examination, be granted
registration as a | 12 | | licensed clinical professional counselor by the Department.
| 13 | | (Source: P.A. 96-1139, eff. 7-21-10.)
| 14 | | (225 ILCS 107/50)
| 15 | | (Section scheduled to be repealed on January 1, 2013)
| 16 | | Sec. 50. Licenses; renewal; restoration; person in | 17 | | military service;
inactive status. | 18 | | (a) The expiration date and renewal period for each license | 19 | | issued under
this Act shall be set by rule. As a condition for | 20 | | renewal of a license, the licensee shall be required to | 21 | | complete continuing education in accordance with rules | 22 | | established by the Department The licensee may renew a license | 23 | | during the 30
day period preceding its expiration date by | 24 | | paying the required fee and
demonstrating compliance with any | 25 | | continuing education requirements .
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| 1 | | (b) Any person who has permitted a license to expire or who | 2 | | has a
license on inactive status may have it restored by | 3 | | submitting an application to
the Department and filing proof of | 4 | | fitness acceptable to the Department , as defined by rule , to | 5 | | have
the license restored, including, if appropriate, evidence | 6 | | which is satisfactory
to the Department certifying the active | 7 | | practice of professional counseling or
clinical professional | 8 | | counseling in another jurisdiction and by paying the
required | 9 | | fee.
| 10 | | (c) If the person has not maintained an active practice in | 11 | | another
jurisdiction which is satisfactory to the Department, | 12 | | the Department shall
determine , by an evaluation program | 13 | | established by rule, the person's fitness to resume active | 14 | | status and shall establish procedures and requirements for | 15 | | restoration . The Department may also
require the person to | 16 | | complete a specific period of evaluated professional
| 17 | | counseling or clinical professional counseling work experience | 18 | | and may require
successful completion of an examination.
| 19 | | (d) However, any person whose license expired while he or | 20 | | she was (i) in federal service on active duty with
the armed | 21 | | forces of the United States or , while called into service or
| 22 | | training with the State Militia or (ii) in training or | 23 | | education under the
supervision of the United States government | 24 | | prior to induction into the
military service may have his or | 25 | | her license restored without paying any lapsed renewal
fees if, | 26 | | within 2 years after the honorable termination of such service, |
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| 1 | | training, or
education, except under conditions other than | 2 | | honorable, the Department is
furnished with satisfactory | 3 | | evidence that the person has been so engaged and
that such | 4 | | service, training, or education has been so terminated.
| 5 | | (e) A license to practice shall not be denied any applicant | 6 | | because of
the applicant's race, religion, creed, national | 7 | | origin, political beliefs
or activities, age, sex, sexual | 8 | | orientation, or physical impairment.
| 9 | | (f) Any person requesting restoration from inactive status | 10 | | shall (i) be required to pay the current renewal fee, (ii) meet | 11 | | continuing education requirements, and (iii) be required to | 12 | | restore his or her license as provided in this Act. | 13 | | (Source: P.A. 87-1011; 87-1269.)
| 14 | | (225 ILCS 107/60)
| 15 | | (Section scheduled to be repealed on January 1, 2013)
| 16 | | Sec. 60. Fees. The Department shall provide by rule for a | 17 | | schedule of fees for the administration and enforcement of this | 18 | | Act, including, but not limited to, original licensure, | 19 | | registration, renewal, and restoration. The fees shall be | 20 | | nonrefundable The fees imposed under this Act shall be set by | 21 | | rule and are
not
refundable .
| 22 | | All of the fees , fines, and penalties collected under this | 23 | | Act shall be deposited into the
General Professions Dedicated | 24 | | Fund and shall be appropriated to the Department for the | 25 | | ordinary and contingent expenses of the Department in the |
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| 1 | | administration of this Act .
| 2 | | (Source: P.A. 92-719, eff. 7-25-02.)
| 3 | | (225 ILCS 107/65)
| 4 | | (Section scheduled to be repealed on January 1, 2013)
| 5 | | Sec. 65. Payments; penalty for insufficient funds Checks or | 6 | | orders dishonored . Any person who issues or delivers a
check or | 7 | | other order to the Department that is returned to the | 8 | | Department
unpaid by the financial institution upon which it is | 9 | | drawn shall pay to the
Department, in addition to the amount | 10 | | already owed to the Department, a fine of
$50. The fines | 11 | | imposed
by this Section are in addition to any other discipline | 12 | | provided under this Act
prohibiting unlicensed practice or | 13 | | practice on a nonrenewed license. The
Department shall notify | 14 | | the person that payment of fees and fines shall be paid
to the | 15 | | Department by certified check or money order within 30 calendar | 16 | | days
after notification. If, after the expiration of 30 days | 17 | | from the date of the
notification, the person has failed to | 18 | | submit the necessary remittance, the
Department shall | 19 | | automatically terminate the license or certification or deny
| 20 | | the application, without hearing. If, after termination or | 21 | | denial, the person
seeks a license or certificate, he or she | 22 | | shall apply to the Department for
restoration or issuance of | 23 | | the license or certificate and pay all fees and
fines due to | 24 | | the Department. The Department may establish a fee for the
| 25 | | processing of an application for restoration of a license to |
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| 1 | | pay all costs and
expenses of processing of this application. | 2 | | The Secretary Director may waive the fines
due under this | 3 | | Section in individual cases where the Secretary Director finds | 4 | | that the
fines would be unnecessarily burdensome.
| 5 | | (Source: P.A. 92-146, eff. 1-1-02.)
| 6 | | (225 ILCS 107/75)
| 7 | | (Section scheduled to be repealed on January 1, 2013)
| 8 | | Sec. 75. Privileged communications and exceptions.
| 9 | | (a) No licensed professional counselor or licensed | 10 | | clinical professional
counselor shall disclose any information | 11 | | acquired from persons consulting
the counselor in a | 12 | | professional capacity, except that which may be
voluntarily | 13 | | disclosed under the following circumstances:
| 14 | | (1) In the course of formally reporting, conferring, or | 15 | | consulting with
administrative superiors, colleagues, or | 16 | | consultants who share professional
responsibility, in | 17 | | which instance all recipients of the information are
| 18 | | similarly bound to regard the communication as privileged;
| 19 | | (2) With the written consent of the person who provided | 20 | | the information;
| 21 | | (3) In the case of death or disability, with the | 22 | | written consent of a
personal representative, other person | 23 | | authorized to sue, or the beneficiary
of an insurance | 24 | | policy on the person's life, health or physical condition;
| 25 | | (4) When a communication reveals the intended |
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| 1 | | commission of a crime or
harmful act and such disclosure is | 2 | | judged necessary by the licensed
professional counselor or | 3 | | licensed clinical professional counselor to
protect any | 4 | | person from a clear, imminent risk of serious mental or
| 5 | | physical harm or injury, or to forestall a serious threat | 6 | | to the public safety; or
| 7 | | (5) When the person waives the privilege by bringing | 8 | | any public charges
against the licensee.
| 9 | | (b) When the person is a minor under the laws of the State | 10 | | of Illinois
and the information acquired by the licensed | 11 | | professional counselor or
licensed clinical professional | 12 | | counselor indicates the minor was the victim
or subject of a | 13 | | crime, the licensed professional counselor or licensed
| 14 | | clinical professional counselor may be required to testify in | 15 | | any judicial
proceedings in which the commission of that crime | 16 | | is the subject of inquiry
when, after in camera review of the | 17 | | information that the licensed
professional counselor or | 18 | | licensed clinical professional counselor
acquired, the court | 19 | | determines that the interests of the minor in having
the | 20 | | information held privileged are outweighed by the requirements | 21 | | of
justice, the need to protect the public safety or the need | 22 | | to protect the
minor, except as provided under the Abused and | 23 | | Neglected Child Reporting Act.
| 24 | | (c) Any person having access to records or anyone who | 25 | | participates in
providing professional counseling or clinical | 26 | | professional counseling
services, or, in providing any human |
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| 1 | | services, is supervised by a
licensed professional counselor or | 2 | | licensed clinical professional
counselor, is similarly bound | 3 | | to regard all information and communications
as privileged in | 4 | | accord with this Section.
| 5 | | (d) Nothing in this Act shall be construed to prohibit a | 6 | | licensed
professional counselor or licensed clinical | 7 | | professional counselor from voluntarily
testifying in court | 8 | | hearings concerning matters of adoption, child abuse,
child | 9 | | neglect or other matters pertaining to children, except as | 10 | | provided
under the Abused and Neglected Child Reporting Act and | 11 | | matters pertaining to elders as set forth in the Elder Abuse | 12 | | and Neglect Act .
| 13 | | (e) The Mental Health and Developmental Disabilities | 14 | | Confidentiality Act is
incorporated herein as if all of its | 15 | | provisions were included in this Act.
In the event of a | 16 | | conflict between the application of this Section and the
Mental | 17 | | Health and Developmental Disabilities Confidentiality Act to a | 18 | | specific
situation, the provisions of the Mental Health and | 19 | | Developmental Disabilities
Confidentiality Act shall control.
| 20 | | (f) Licensed professional counselors and licensed clinical | 21 | | professional counselors when performing professional | 22 | | counseling services or clinical professional counseling | 23 | | services shall comply with counselor licensure rules and laws | 24 | | contained in this Section and Section 80 of this Act regardless | 25 | | of their employment or work setting. | 26 | | (Source: P.A. 87-1011.)
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| 1 | | (225 ILCS 107/80)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 80. Grounds for discipline.
| 4 | | (a) The Department may refuse to issue, renew, or may | 5 | | revoke, suspend, place
on probation, reprimand, or take other | 6 | | disciplinary or non-disciplinary action as the Department
| 7 | | deems appropriate, including the issuance of fines not to | 8 | | exceed $10,000 $1000 for each
violation, with regard to any | 9 | | license for any one or more of the following:
| 10 | | (1) Material misstatement in furnishing information to | 11 | | the
Department or to any other State agency.
| 12 | | (2) Violations or negligent or intentional disregard | 13 | | of this Act , or any
of its rules adopted under this Act .
| 14 | | (3) Conviction by plea of guilty or nolo contendere, | 15 | | finding of guilt, jury verdict, or entry of judgment or by | 16 | | sentencing of any crime, including, but not limited to, | 17 | | convictions, preceding sentences of supervision, | 18 | | conditional discharge, or first offender probation, under | 19 | | the laws of any jurisdiction of the United States: (i) that | 20 | | is a felony or (ii) that is a misdemeanor, an essential | 21 | | element of which is dishonesty, or that is directly related | 22 | | to the practice of the profession Conviction of any crime | 23 | | under the laws of the United States or any
state or | 24 | | territory thereof that is a felony, or that is a | 25 | | misdemeanor, an
essential element of which is dishonesty, |
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| 1 | | or of any crime which is directly
related to the practice | 2 | | of the profession .
| 3 | | (4) Fraud or Making any misrepresentation in applying | 4 | | for or procuring a license under this Act or in connection | 5 | | with applying for renewal of a license under this Act for | 6 | | the purpose of obtaining a license,
or violating any | 7 | | provision of this Act or its rules .
| 8 | | (5) Professional incompetence or gross negligence in | 9 | | the rendering of
professional counseling or clinical | 10 | | professional counseling services.
| 11 | | (6) Malpractice.
| 12 | | (7) Aiding or assisting another person in violating any | 13 | | provision of
this Act or any rules.
| 14 | | (8) Failing to provide information within 60 days in | 15 | | response to a
written request made by the Department.
| 16 | | (9) Engaging in dishonorable, unethical, or | 17 | | unprofessional conduct of a
character likely to deceive, | 18 | | defraud, or harm the public and violating the
rules of | 19 | | professional conduct adopted by the Department.
| 20 | | (10) Habitual or excessive use or abuse of drugs as | 21 | | defined in law as controlled substances, alcohol, | 22 | | addiction to alcohol, narcotics,
stimulants, or any other | 23 | | substance chemical agent or drug which results in inability
| 24 | | to practice with reasonable skill, judgment, or safety.
| 25 | | (11) Discipline by another jurisdiction, the District | 26 | | of Columbia, territory, county, or governmental agency, if |
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| 1 | | at least one of the grounds
for the discipline is the same | 2 | | or substantially equivalent to those set
forth in this | 3 | | Section.
| 4 | | (12) Directly or indirectly giving to or receiving from | 5 | | any person, firm,
corporation, partnership, or association | 6 | | any fee, commission, rebate or
other form of compensation | 7 | | for any professional service not actually rendered. | 8 | | Nothing in this paragraph (12) affects any bona fide | 9 | | independent contractor or employment arrangements among | 10 | | health care professionals, health facilities, health care | 11 | | providers, or other entities, except as otherwise | 12 | | prohibited by law. Any employment arrangements may include | 13 | | provisions for compensation, health insurance, pension, or | 14 | | other employment benefits for the provision of services | 15 | | within the scope of the licensee's practice under this Act. | 16 | | Nothing in this paragraph (12) shall be construed to | 17 | | require an employment arrangement to receive professional | 18 | | fees for services rendered.
| 19 | | (13) A finding by the Board that the licensee, after | 20 | | having the license
placed on probationary status, has | 21 | | violated the terms of probation.
| 22 | | (14) Abandonment of a client.
| 23 | | (15) Willfully filing false reports relating to a | 24 | | licensee's practice,
including but not limited to false | 25 | | records filed with federal or State
agencies or | 26 | | departments.
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| 1 | | (16) Willfully failing to report an instance of | 2 | | suspected child abuse or
neglect as required by the Abused | 3 | | and Neglected Child Reporting Act and in matters pertaining | 4 | | to elders or suspected elder abuse as set forth in the | 5 | | Elder Abuse and Neglect Act .
| 6 | | (17) Being named as a perpetrator in an indicated | 7 | | report by the
Department of Children and Family Services | 8 | | pursuant to the Abused and
Neglected Child Reporting Act, | 9 | | and upon proof by clear and convincing
evidence that the | 10 | | licensee has caused a child to be an abused child or
| 11 | | neglected child as defined in the Abused and Neglected | 12 | | Child Reporting Act.
| 13 | | (18) Physical or mental illness or disability, | 14 | | including , but not limited to, deterioration through the
| 15 | | aging process or loss of abilities and skills which results | 16 | | in the inability to
practice the profession with reasonable | 17 | | judgment, skill, or safety.
| 18 | | (19) Solicitation of professional services by using | 19 | | false or misleading
advertising.
| 20 | | (20) Allowing one's license under this Act to be used | 21 | | by an unlicensed person in violation of this Act Failure to | 22 | | file a return, or to pay the tax, penalty or interest
shown | 23 | | in a filed return, or to pay any final assessment of tax, | 24 | | penalty or
interest, as required by any tax Act | 25 | | administered by the Illinois
Department of Revenue or any | 26 | | successor agency or the Internal Revenue
Service or any |
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| 1 | | successor agency .
| 2 | | (21) A finding that licensure has been applied for or | 3 | | obtained
by fraudulent means.
| 4 | | (22) Practicing under a false or, except as provided by | 5 | | law, an assumed name or attempting to practice under a name | 6 | | other than the
full name as shown on the license or any | 7 | | other legally authorized name .
| 8 | | (23) Gross and willful overcharging for professional | 9 | | services including filing
statements for collection of | 10 | | fees or monies for which services are not
rendered.
| 11 | | (24) Rendering professional counseling or clinical | 12 | | professional
counseling
services without a license or | 13 | | practicing outside the scope of a license.
| 14 | | (25) Clinical supervisors failing to adequately and | 15 | | responsibly monitor
supervisees.
| 16 | | All fines imposed under this Section shall be paid within | 17 | | 60 days after the effective date of the order imposing the | 18 | | fine. | 19 | | (b) The Department shall deny, without hearing, any | 20 | | application or
renewal for a license under this Act to any | 21 | | person who has defaulted on an
educational loan guaranteed by | 22 | | the Illinois State Assistance Commission or any governmental | 23 | | agency of this State in accordance with item (5) of subsection | 24 | | (a) of Section 2105-15 of the Department of Professional | 25 | | Regulation Law of the Civil Administrative Code of Illinois ;
| 26 | | however, the Department may issue a license or renewal if the |
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| 1 | | person in
default has established a satisfactory repayment | 2 | | record as determined by
the Illinois Student Assistance | 3 | | Commission .
| 4 | | (b-5) The Department may refuse to issue or may suspend | 5 | | without hearing, as provided for in the Code of Civil | 6 | | Procedure, the license of any person who fails to file a | 7 | | return, pay the tax, penalty, or interest shown in a filed | 8 | | return, or pay any final assessment of the tax, penalty, or | 9 | | interest as required by any tax Act administered by the | 10 | | Illinois Department of Revenue, until such time as the | 11 | | requirements of any such tax Act are satisfied in accordance | 12 | | with subsection (g) of Section 2105-15 of the Department of | 13 | | Professional Regulation Law of the Civil Administrative Code of | 14 | | Illinois. | 15 | | (b-10) In cases where the Department of Healthcare and | 16 | | Family Services has previously determined a licensee or a | 17 | | potential licensee is more than 30 days delinquent in the | 18 | | payment of child support and has subsequently certified the | 19 | | delinquency to the Department, the Department may refuse to | 20 | | issue or renew or may revoke or suspend that person's license | 21 | | or may take other disciplinary action against that person based | 22 | | solely upon the certification of delinquency made by the | 23 | | Department of Healthcare and Family Services in accordance with | 24 | | item (5) of subsection (a) of Section 2105-15 of the Department | 25 | | of Professional Regulation Law of the Civil Administrative Code | 26 | | of Illinois. |
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| 1 | | (c) The determination by a court that a licensee is subject | 2 | | to
involuntary admission or judicial admission as provided in | 3 | | the Mental
Health and Developmental Disabilities Code will | 4 | | result in an automatic
suspension of his or her license. The | 5 | | suspension will end upon a finding by a
court that the licensee | 6 | | is no longer subject to involuntary admission or
judicial | 7 | | admission, the issuance of an order so finding and discharging | 8 | | the
patient, and the recommendation of the Board to the | 9 | | Secretary Director that the licensee
be allowed to resume | 10 | | professional practice.
| 11 | | (c-5) In enforcing this Act, the Department, upon a showing | 12 | | of a possible violation, may compel an individual licensed to | 13 | | practice under this Act, or who has applied for licensure under | 14 | | this Act, to submit to a mental or physical examination, or | 15 | | both, as required by and at the expense of the Department. The | 16 | | Department may order the examining physician to present | 17 | | testimony concerning the mental or physical examination of the | 18 | | licensee or applicant. No information shall be excluded by | 19 | | reason of any common law or statutory privilege relating to | 20 | | communications between the licensee or applicant and the | 21 | | examining physician. The examining physicians shall be | 22 | | specifically designated by the Department. The individual to be | 23 | | examined may have, at his or her own expense, another physician | 24 | | of his or her choice present during all aspects of this | 25 | | examination. The examination shall be performed by a physician | 26 | | licensed to practice medicine in all its branches. Failure of |
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| 1 | | an individual to submit to a mental or physical examination, | 2 | | when directed, shall result in an automatic suspension without | 3 | | hearing. | 4 | | A person holding a license under this Act or who has | 5 | | applied for a license under this Act who, because of a physical | 6 | | or mental illness or disability, including, but not limited to, | 7 | | deterioration through the aging process or loss of motor skill, | 8 | | is unable to practice the profession with reasonable judgment, | 9 | | skill, or safety, may be required by the Department to submit | 10 | | to care, counseling, or treatment by physicians approved or | 11 | | designated by the Department as a condition, term, or | 12 | | restriction for continued, reinstated, or renewed licensure to | 13 | | practice. Submission to care, counseling, or treatment as | 14 | | required by the Department shall not be considered discipline | 15 | | of a license. If the licensee refuses to enter into a care, | 16 | | counseling, or treatment agreement or fails to abide by the | 17 | | terms of the agreement, the Department may file a complaint to | 18 | | revoke, suspend, or otherwise discipline the license of the | 19 | | individual. The Secretary may order the license suspended | 20 | | immediately, pending a hearing by the Department. Fines shall | 21 | | not be assessed in disciplinary actions involving physical or | 22 | | mental illness or impairment. | 23 | | In instances in which the Secretary immediately suspends a | 24 | | person's license under this Section, a hearing on that person's | 25 | | license must be convened by the Department within 15 days after | 26 | | the suspension and completed without appreciable delay. The |
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| 1 | | Department shall have the authority to review the subject | 2 | | individual's record of treatment and counseling regarding the | 3 | | impairment to the extent permitted by applicable federal | 4 | | statutes and regulations safeguarding the confidentiality of | 5 | | medical records. | 6 | | An individual licensed under this Act and affected under | 7 | | this Section shall be afforded an opportunity to demonstrate to | 8 | | the Department that he or she can resume practice in compliance | 9 | | with acceptable and prevailing standards under the provisions | 10 | | of his or her license. | 11 | | (d) (Blank). In enforcing this Section, the Board, upon a | 12 | | showing of a possible
violation,
may compel a licensee or | 13 | | applicant to submit to a mental or physical
examination, or
| 14 | | both, as required by and at the expense of the Department. The | 15 | | examining
physicians or
clinical psychologists shall be those | 16 | | specifically designated by the Board. The
Board or
the | 17 | | Department may order (i) the examining physician to present | 18 | | testimony
concerning
the mental or physical examination of a | 19 | | licensee or applicant or (ii) the
examining clinical
| 20 | | psychologist to present testimony concerning the mental | 21 | | examination of a
licensee or
applicant. No information shall be | 22 | | excluded by reason of any common law or
statutory
privilege | 23 | | relating to communications between a licensee or applicant and | 24 | | the
examining
physician or clinical psychologist. An | 25 | | individual to be examined may have, at his or her
own expense, | 26 | | another physician or clinical psychologist of his or her choice
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| 1 | | present
during all aspects of the examination. Failure of an | 2 | | individual to submit to a
mental or
physical examination, when | 3 | | directed, is grounds for suspension of his or her
license. The | 4 | | license
must remain suspended until the person submits to the | 5 | | examination or the Board
finds,
after notice and hearing, that | 6 | | the refusal to submit to the examination was
with reasonable
| 7 | | cause.
| 8 | | If the Board finds an individual unable to practice because | 9 | | of the reasons
set forth
in this Section, the Board must | 10 | | require the individual to submit to care,
counseling, or
| 11 | | treatment by a physician or clinical psychologist approved by | 12 | | the Board, as a
condition,
term, or restriction for continued, | 13 | | reinstated, or renewed licensure to
practice. In lieu of
care, | 14 | | counseling, or treatment, the Board may recommend that the | 15 | | Department
file a
complaint to immediately suspend or revoke | 16 | | the license of the individual or
otherwise
discipline the | 17 | | licensee.
| 18 | | Any individual whose license was granted, continued, | 19 | | reinstated, or renewed
subject
to conditions, terms, or | 20 | | restrictions, as provided for in this Section, or any
| 21 | | individual who
was disciplined or placed on supervision | 22 | | pursuant to this Section must be
referred to the
Director for a | 23 | | determination as to whether the person shall have his or her
| 24 | | license
suspended immediately, pending a hearing by the Board.
| 25 | | (Source: P.A. 96-1482, eff. 11-29-10.)
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| 1 | | (225 ILCS 107/85)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 85. Violations; injunction; cease and desist order.
| 4 | | (a) If any person violates the provisions of this Act, the | 5 | | Secretary Director may,
in the name of the People of the State | 6 | | of Illinois, through the Attorney
General of the State of | 7 | | Illinois or the State's Attorney of the county in which the | 8 | | violation is alleged to have occurred , petition for an order | 9 | | enjoining the violation or for an order
enforcing compliance | 10 | | with this Act. Upon the filing of a verified
petition, the | 11 | | court with appropriate jurisdiction may issue a temporary
| 12 | | restraining order without notice or bond, and may preliminarily | 13 | | and
permanently enjoin the violation. If it is established that | 14 | | the person
has violated or is violating the injunction, the | 15 | | court may punish the
offender for contempt of court. | 16 | | Proceedings under this Section are in
addition to all other | 17 | | remedies and penalties provided by this Act.
| 18 | | (b) If any person holds himself or herself out as being a | 19 | | licensed
professional counselor or licensed clinical | 20 | | professional counselor under
this Act and is not licensed to do | 21 | | so, then any licensed professional
counselor, licensed | 22 | | clinical professional counselor, interested party, or
any | 23 | | person injured thereby may petition for relief as provided in
| 24 | | subsection (a) of this Section.
| 25 | | (c) Whenever, in the opinion of the Department, a person | 26 | | violates any
provision of this Act, the Department may issue a |
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| 1 | | rule to show cause why
an order to cease and desist should not | 2 | | be entered against that person.
The rule shall clearly set | 3 | | forth the grounds relied upon by the Department
and shall allow | 4 | | at least 7 days from the date of the rule to file an answer
| 5 | | satisfactory to the Department. Failure to answer to the | 6 | | satisfaction of
the Department shall cause an order to cease | 7 | | and desist to be issued.
| 8 | | (Source: P.A. 87-1011.)
| 9 | | (225 ILCS 107/90)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 90. Investigations; notice and hearing. The | 12 | | Department may investigate
the actions of any applicant or any | 13 | | person holding or claiming to hold a
license. The Department | 14 | | shall, before refusing to issue or renew a license or | 15 | | disciplining a licensee revoking, suspending, placing on
| 16 | | probation, reprimanding, or taking any other disciplinary | 17 | | action under Section
80 of this Act, at least 30 days prior to | 18 | | the date set for the hearing, (i)
notify the accused, in | 19 | | writing, of any charges made and the time and place for
the | 20 | | hearing on the charges, (ii) direct him or her to file a | 21 | | written answer to
the charges with the Board under oath within | 22 | | 20 days after the service on him
or her of the notice, and | 23 | | (iii) inform the applicant or licensee accused that failure , if | 24 | | he or she fails to file an
answer shall result in , default | 25 | | being will be taken against the applicant or licensee. At the |
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| 1 | | time and place fixed in the notice, the Department shall | 2 | | proceed to hear the charges, and the parties or their counsel | 3 | | shall be accorded ample opportunity to present any pertinent | 4 | | statements, testimony, evidence, and arguments. The Department | 5 | | may continue the hearing from time to time. In case the person, | 6 | | after receiving the notice, fails to answer, his or her | 7 | | license, may, in the discretion of the Department, be revoked, | 8 | | suspended, placed on probationary status, or the Department may | 9 | | take whatever disciplinary action considered proper, including | 10 | | limiting the scope, nature, or extent of the person's practice | 11 | | or the imposition of a fine, without a hearing, if the act or | 12 | | acts charged constitute sufficient grounds for that action | 13 | | under the Act. The written notice and any notice in the | 14 | | subsequent proceeding may be served by registered or certified | 15 | | mail to the licensee's address of record. him or her or that | 16 | | his or her license or
certificate may be suspended, revoked, | 17 | | placed on probationary status, or other
disciplinary action | 18 | | taken with regard to the license or certificate, including
| 19 | | limiting the scope, nature, or extent of his or her practice, | 20 | | as the Department
may deem proper. In case the person, after | 21 | | receiving notice, fails to file an
answer, his or her license | 22 | | may, in the discretion of the Department, be
suspended, | 23 | | revoked, placed on probationary status, or the Department may | 24 | | take
whatever disciplinary action deemed proper, including | 25 | | limiting the scope,
nature, or extent of the person's practice | 26 | | or the imposition of a fine, without
a hearing, if the act or |
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| 1 | | acts charged constitute sufficient grounds for such
action | 2 | | under this Act. The written notice may be served by personal | 3 | | delivery
or certified mail to the address specified by the | 4 | | accused in his or her last
notification to the Department.
| 5 | | (Source: P.A. 87-1011; 87-1269.)
| 6 | | (225 ILCS 107/93 new) | 7 | | Sec. 93. Confidentiality. All information collected by the | 8 | | Department in the course of an examination or investigation of | 9 | | a licensee or applicant, including, but not limited to, any | 10 | | complaint against a licensee filed with the Department and | 11 | | information collected to investigate any such complaint, shall | 12 | | be maintained for the confidential use of the Department and | 13 | | shall not be disclosed. The Department may not disclose the | 14 | | information to anyone other than law enforcement officials, | 15 | | other regulatory agencies that have an appropriate regulatory | 16 | | interest as determined by the Secretary, or a party presenting | 17 | | a lawful subpoena to the Department. Information and documents | 18 | | disclosed to a federal, State, county, or local law enforcement | 19 | | agency shall not be disclosed by the agency for any purpose to | 20 | | any other agency or person. A formal complaint filed against a | 21 | | licensee by the Department or any order issued by the | 22 | | Department against a licensee or applicant shall be a public | 23 | | record, except as otherwise prohibited by law.
| 24 | | (225 ILCS 107/95)
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| 1 | | (Section scheduled to be repealed on January 1, 2013)
| 2 | | Sec. 95. Record of proceedings; transcript. The | 3 | | Department, at its
expense, shall preserve a record of all | 4 | | proceedings at the formal hearing
of any case. The notice of | 5 | | hearing, complaint, all other documents in the
nature of | 6 | | pleadings, written motions filed in the proceedings, the | 7 | | transcript
of testimony, the report of the Board and orders of | 8 | | the Department shall be in
the record of such proceeding. The | 9 | | Department shall furnish a transcript of the
record to any | 10 | | person interested in the hearing upon payment of the fee | 11 | | required
under Section 2105-115 of the Department of | 12 | | Professional Regulation
Law (20 ILCS 2105/2105-115).
| 13 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 14 | | (225 ILCS 107/100)
| 15 | | (Section scheduled to be repealed on January 1, 2013)
| 16 | | Sec. 100. Subpoenas; depositions; oaths. The Department | 17 | | has
the power to subpoena and to bring before it any person and | 18 | | to take the oral or written
testimony or compel the production | 19 | | of any books, papers, records, or any other documents that the | 20 | | Secretary or his or her designee deems relevant or material to | 21 | | any investigation or hearing conducted by the Department either | 22 | | orally or by deposition, or both , with the same fees and
| 23 | | mileage and in the same manner as prescribed in civil cases in | 24 | | the courts of
this State.
| 25 | | The Secretary Director , the designated hearing officer, |
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| 1 | | any and every member of the
Board , or a certified shorthand | 2 | | court reporter may has the power to administer oaths to | 3 | | witnesses at any hearing
which the Department conducts is | 4 | | authorized to conduct , and any other oaths
authorized in any | 5 | | Act administered by the Department. Notwithstanding any other | 6 | | statute or Department rules to the contrary, all requests for | 7 | | testimony, production of documents, or records shall be in | 8 | | accordance with this Act.
| 9 | | (Source: P.A. 87-1011.)
| 10 | | (225 ILCS 107/105)
| 11 | | (Section scheduled to be repealed on January 1, 2013)
| 12 | | Sec. 105. Compelling testimony. Any circuit court, upon | 13 | | application of the
Department , designated hearing officer, or | 14 | | the applicant or licensee against
whom proceedings under | 15 | | Section 80 of this Act are pending , may enter an
order | 16 | | requiring the attendance of witnesses and their testimony and | 17 | | the
production of relevant documents, papers, files, books, and | 18 | | records in connection
with any hearing or investigation. The | 19 | | court may compel obedience to its
order by proceedings for | 20 | | contempt.
| 21 | | (Source: P.A. 87-1011.)
| 22 | | (225 ILCS 107/110)
| 23 | | (Section scheduled to be repealed on January 1, 2013)
| 24 | | Sec. 110. Findings and recommendations. At the conclusion |
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| 1 | | of the
hearing, the Board shall present to the Secretary | 2 | | Director a written report of its
findings of fact, conclusions | 3 | | of law, and recommendations. The report shall
contain a finding | 4 | | whether the licensee violated this Act or failed
to comply with | 5 | | the conditions required in this Act. The Board shall
specify | 6 | | the nature of the violation or failure to comply, and shall | 7 | | make
its recommendations to the Secretary Director .
| 8 | | The report of findings of fact, conclusions of law, and | 9 | | recommendation of
the Board shall be the basis for the | 10 | | Department's order for refusing to issue, restore, or renew a | 11 | | license, or otherwise discipline a licensee refusal or for
the | 12 | | granting of the license . If the Secretary Director disagrees | 13 | | with the
recommendations of the Board, the Secretary Director | 14 | | may issue an order in
contravention of the Board | 15 | | recommendations. The Director shall provide a
written report to | 16 | | the
Board on any disagreement and shall specify the reasons for | 17 | | the action in
the final order. The finding is not admissible in | 18 | | evidence against the
person in a criminal prosecution brought | 19 | | for the violation of this Act, but
the hearing and findings are | 20 | | not a bar to a criminal prosecution brought
for the violation | 21 | | of this Act.
| 22 | | (Source: P.A. 87-1011.)
| 23 | | (225 ILCS 107/115)
| 24 | | (Section scheduled to be repealed on January 1, 2013)
| 25 | | Sec. 115. Motion for Board; rehearing. In any hearing |
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| 1 | | involving the refusal to issue or renew a license, or the | 2 | | discipline of a licensee At the conclusion of the hearing , a | 3 | | copy of the
Board's report shall be served upon the applicant | 4 | | or licensee by the
Department, either personally or as provided | 5 | | in this Act for the service of the
notice of hearing. Within 20 | 6 | | days after such service, the applicant or
licensee may present | 7 | | to the Department a motion in writing for a rehearing
which | 8 | | shall specify the particular grounds for rehearing. If no | 9 | | motion for a
rehearing is filed, then upon the expiration of | 10 | | the time specified for filing
such a motion, or if a motion for | 11 | | rehearing is denied, then upon such denial,
the Secretary | 12 | | Director may enter an order in accordance with recommendations | 13 | | of the
Board, except as provided in Section 120 of this Act. If | 14 | | the applicant or
licensee requests and pays for a transcript of | 15 | | the record within the time
for filing a motion for rehearing, | 16 | | the 20-day period within which a
motion may be filed shall | 17 | | commence upon the delivery of the transcript to
the applicant | 18 | | or licensee.
| 19 | | (Source: P.A. 87-1011; 87-1269.)
| 20 | | (225 ILCS 107/120)
| 21 | | (Section scheduled to be repealed on January 1, 2013)
| 22 | | Sec. 120. Order for Director; rehearing. Whenever the | 23 | | Secretary is not satisfied that substantial Director believes
| 24 | | justice has not been done in the revocation, suspension or | 25 | | refusal to issue
or renew a license or the discipline of a |
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| 1 | | licensee, the Secretary he or she may order a
rehearing by the | 2 | | same or other hearing officers .
| 3 | | (Source: P.A. 87-1011.)
| 4 | | (225 ILCS 107/125)
| 5 | | (Section scheduled to be repealed on January 1, 2013)
| 6 | | Sec. 125. Appointment of a hearing officer. The Secretary | 7 | | Director has
the authority to appoint any attorney licensed to | 8 | | practice law in the State
of Illinois to serve as the hearing | 9 | | officer in any action for refusal to
issue or renew a license | 10 | | or permit or to discipline a licensee. The
hearing officer has | 11 | | full authority to conduct the hearing. At least
one member of | 12 | | the Board shall attend each hearing. The hearing officer
shall | 13 | | report his or her findings of fact, conclusions of law, and | 14 | | recommendations
to the Board and to the Secretary Director . The | 15 | | Board shall have 60 calendar days
from receipt of the report to | 16 | | review it and to present its findings of
fact, conclusions of | 17 | | law and recommendation to the Secretary Director . If the Board
| 18 | | does not present its report within the 60 day period, the | 19 | | Secretary Director may
issue an order based on the report of | 20 | | the hearing officer. If the Secretary Director
disagrees with | 21 | | the recommendation of the Board or of the hearing officer,
the | 22 | | Secretary Director may issue an order in contravention of the | 23 | | recommendation.
The Director shall promptly provide a written | 24 | | explanation to the Board on any
such disagreement.
| 25 | | (Source: P.A. 87-1011; 87-1269.)
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| 1 | | (225 ILCS 107/130)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 130. Order or certified copy; prima facie proof. An
| 4 | | order or certified copy thereof, over the seal of the | 5 | | Department and
purporting to be signed by the Secretary | 6 | | Director , is prima facie proof that:
| 7 | | (a) the The signature is the genuine signature of the | 8 | | Secretary Director ; and
| 9 | | (b) the Secretary The Director is duly appointed and | 10 | | qualified . ; and
| 11 | | (c) The Board and the members thereof are qualified to act.
| 12 | | (Source: P.A. 87-1011.)
| 13 | | (225 ILCS 107/135)
| 14 | | (Section scheduled to be repealed on January 1, 2013)
| 15 | | Sec. 135. Restoration of suspended or revoked license from | 16 | | discipline . At any time
after the successful completion of a | 17 | | term of indefinite probation, suspension, or revocation of a | 18 | | license, the Department may restore the license to the | 19 | | licensee, unless, after an investigation and a hearing, the | 20 | | Secretary determines that restoration is not in the public | 21 | | interest or that the licensee has not been sufficiently | 22 | | rehabilitated to warrant the public trust. No person or entity | 23 | | whose license, certificate, or authority has been revoked as | 24 | | authorized in this Act may apply for restoration of that |
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| 1 | | license, certification, or authority until such time as | 2 | | provided for in Article 2105 of the Department of Professional | 3 | | Regulation Law of the Civil Administrative Code of Illinois | 4 | | suspension or revocation of any license, the Department may
| 5 | | restore it to the licensee upon the written recommendation of | 6 | | the Board,
unless after an investigation and hearing the Board | 7 | | determines that
restoration is not in the public interest .
| 8 | | (Source: P.A. 87-1011.)
| 9 | | (225 ILCS 107/145)
| 10 | | (Section scheduled to be repealed on January 1, 2013)
| 11 | | Sec. 145. Summary suspension of license. The Secretary | 12 | | Director may
summarily suspend the license of a professional | 13 | | counselor or a clinical
professional counselor without a | 14 | | hearing, simultaneously with the
institution of proceedings | 15 | | for a hearing provided for in Section 90 of this
Act, if the | 16 | | Secretary Director finds that the evidence in the possession of | 17 | | the Director
indicates that the continuation of practice by the | 18 | | professional counselor
or clinical professional
counselor | 19 | | would constitute an imminent danger to
the public. In the event | 20 | | that the Secretary Director summarily suspends the license
of | 21 | | an individual without a hearing, a hearing must be commenced | 22 | | held within 30 days
after the suspension has occurred and shall | 23 | | be concluded as expeditiously as possible .
| 24 | | (Source: P.A. 87-1011.)
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| 1 | | (225 ILCS 107/155)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 155. Certification of record; costs. The Department | 4 | | shall not
be required to certify any record to the court, to | 5 | | file an answer in court,
or to otherwise appear in any court in | 6 | | a judicial review proceeding, unless
and until the Department | 7 | | has received from the plaintiff there is filed in the court, | 8 | | with the complaint, a receipt from the
Department acknowledging | 9 | | payment of the costs of furnishing and certifying
the record , | 10 | | which costs shall be determined by the Department. Exhibits | 11 | | shall be certified without cost . Failure on the part of the | 12 | | plaintiff to file the receipt
in court is grounds for dismissal | 13 | | of the action.
| 14 | | (Source: P.A. 87-1011.)
| 15 | | (225 ILCS 107/160)
| 16 | | (Section scheduled to be repealed on January 1, 2013)
| 17 | | Sec. 160. Violations. | 18 | | (a) Unless otherwise specified, any person found
to have | 19 | | violated any Section provision of this Act other than this | 20 | | Section is guilty of a Class A misdemeanor for the first | 21 | | offense. | 22 | | (b) Each of the following acts is a Class A misdemeanor for | 23 | | the first offense and a Class 4 felony for a second or | 24 | | subsequent offense: | 25 | | (1) the making of any willfully false oath or
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| 1 | | affirmation in any matter or proceeding where an oath or | 2 | | affirmation is required by this Act; | 3 | | (2) using or attempting to use an inactive,
suspended, | 4 | | or revoked license or the license of another, impersonating | 5 | | another licensee, or practicing clinical professional | 6 | | counseling or professional counseling as defined by this | 7 | | Act, or using the title "clinical professional counselor" | 8 | | or "professional counselor" while one's license is | 9 | | inactive, suspended, or revoked; | 10 | | (3) the practice, attempt to practice, or offer to
| 11 | | practice clinical professional counseling or professional | 12 | | counseling as defined by this Act, without the appropriate | 13 | | license; each day of practicing or attempting to practice, | 14 | | and each instance of offering to practice, without the | 15 | | appropriate license constitutes a separate offense; | 16 | | (4) advertising or displaying any sign or card or
other | 17 | | device that might indicate to the public that the person or | 18 | | entity is entitled to practice as a licensed professional | 19 | | counselor or licensed clinical professional counselor, | 20 | | unless that person holds an active license as a licensed | 21 | | professional counselor or licensed clinical professional | 22 | | counselor; and | 23 | | (5) obtaining or attempting to obtain a license by
| 24 | | fraud .
| 25 | | (Source: P.A. 87-1011.)
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| 1 | | (225 ILCS 107/165)
| 2 | | (Section scheduled to be repealed on January 1, 2013)
| 3 | | Sec. 165. Administrative Procedure Act; application. The | 4 | | Illinois
Administrative Procedure Act is hereby expressly | 5 | | adopted and incorporated
in this Act as if all of the | 6 | | provisions of such Act were included in this Act , except that | 7 | | the provisions of subsection (d) of Section 10-65 of the | 8 | | Illinois Administrative Procedure Act that provides that at | 9 | | hearings the clinical professional counselor or
professional
| 10 | | counselor has the right to show compliance with all lawful | 11 | | requirements for retention, continuation, or renewal of the | 12 | | license is specifically excluded. For the purposes of this Act | 13 | | the notice required under Section 10-25 of the Illinois | 14 | | Administrative Procedure Act is deemed sufficient when mailed | 15 | | to the last known address of record of a party .
| 16 | | (Source: P.A. 87-1011.)
| 17 | | Section 10. The Elder Abuse and Neglect Act is amended by | 18 | | changing Section 2 as follows:
| 19 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 20 | | Sec. 2. Definitions. As used in this Act, unless the | 21 | | context
requires otherwise:
| 22 | | (a) "Abuse" means causing any physical, mental or sexual | 23 | | injury to an
eligible adult, including exploitation of such | 24 | | adult's financial resources.
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| 1 | | Nothing in this Act shall be construed to mean that an | 2 | | eligible adult is a
victim of abuse, neglect, or self-neglect | 3 | | for the sole reason that he or she is being
furnished with or | 4 | | relies upon treatment by spiritual means through prayer
alone, | 5 | | in accordance with the tenets and practices of a recognized | 6 | | church
or religious denomination.
| 7 | | Nothing in this Act shall be construed to mean that an | 8 | | eligible adult is a
victim of abuse because of health care | 9 | | services provided or not provided by
licensed health care | 10 | | professionals.
| 11 | | (a-5) "Abuser" means a person who abuses, neglects, or | 12 | | financially
exploits an eligible adult.
| 13 | | (a-7) "Caregiver" means a person who either as a result of | 14 | | a family
relationship, voluntarily, or in exchange for | 15 | | compensation has assumed
responsibility for all or a portion of | 16 | | the care of an eligible adult who needs
assistance with | 17 | | activities of daily
living.
| 18 | | (b) "Department" means the Department on Aging of the State | 19 | | of Illinois.
| 20 | | (c) "Director" means the Director of the Department.
| 21 | | (d) "Domestic living situation" means a residence where the | 22 | | eligible
adult at the time of the report lives alone or with | 23 | | his or her family or a caregiver, or others,
or a board and | 24 | | care home or other community-based unlicensed facility, but
is | 25 | | not:
| 26 | | (1) A licensed facility as defined in Section 1-113 of |
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| 1 | | the Nursing Home
Care Act;
| 2 | | (1.5) A facility licensed under the ID/DD Community | 3 | | Care Act; | 4 | | (1.7) A facility licensed under the Specialized Mental | 5 | | Health Rehabilitation Act;
| 6 | | (2) A "life care facility" as defined in the Life Care | 7 | | Facilities Act;
| 8 | | (3) A home, institution, or other place operated by the | 9 | | federal
government or agency thereof or by the State of | 10 | | Illinois;
| 11 | | (4) A hospital, sanitarium, or other institution, the | 12 | | principal activity
or business of which is the diagnosis, | 13 | | care, and treatment of human illness
through the | 14 | | maintenance and operation of organized facilities | 15 | | therefor,
which is required to be licensed under the | 16 | | Hospital Licensing Act;
| 17 | | (5) A "community living facility" as defined in the | 18 | | Community Living
Facilities Licensing Act;
| 19 | | (6) (Blank);
| 20 | | (7) A "community-integrated living arrangement" as | 21 | | defined in
the Community-Integrated Living Arrangements | 22 | | Licensure and Certification Act;
| 23 | | (8) An assisted living or shared housing establishment | 24 | | as defined in the Assisted Living and Shared Housing Act; | 25 | | or
| 26 | | (9) A supportive living facility as described in |
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| 1 | | Section 5-5.01a of the Illinois Public Aid Code.
| 2 | | (e) "Eligible adult" means a person 60 years of age or | 3 | | older who
resides in a domestic living situation and is, or is | 4 | | alleged
to be, abused, neglected, or financially exploited by | 5 | | another individual or who neglects himself or herself.
| 6 | | (f) "Emergency" means a situation in which an eligible | 7 | | adult is living
in conditions presenting a risk of death or | 8 | | physical, mental or sexual
injury and the provider agency has | 9 | | reason to believe the eligible adult is
unable to
consent to | 10 | | services which would alleviate that risk.
| 11 | | (f-5) "Mandated reporter" means any of the following | 12 | | persons
while engaged in carrying out their professional | 13 | | duties:
| 14 | | (1) a professional or professional's delegate while | 15 | | engaged in: (i) social
services, (ii) law enforcement, | 16 | | (iii) education, (iv) the care of an eligible
adult or | 17 | | eligible adults, or (v) any of the occupations required to | 18 | | be licensed
under
the Clinical Psychologist Licensing Act, | 19 | | the Clinical Social Work and Social
Work Practice Act, the | 20 | | Illinois Dental Practice Act, the Dietetic and Nutrition
| 21 | | Services Practice Act, the Marriage and Family Therapy | 22 | | Licensing Act, the
Medical Practice Act of 1987, the | 23 | | Naprapathic Practice Act, the
Nurse Practice Act, the | 24 | | Nursing Home
Administrators Licensing and
Disciplinary | 25 | | Act, the Illinois Occupational Therapy Practice Act, the | 26 | | Illinois
Optometric Practice Act of 1987, the Pharmacy |
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| 1 | | Practice Act, the
Illinois Physical Therapy Act, the | 2 | | Physician Assistant Practice Act of 1987,
the Podiatric | 3 | | Medical Practice Act of 1987, the Respiratory Care Practice
| 4 | | Act,
the Professional Counselor and
Clinical Professional | 5 | | Counselor Licensing and Practice Act, the Illinois | 6 | | Speech-Language
Pathology and Audiology Practice Act, the | 7 | | Veterinary Medicine and Surgery
Practice Act of 2004, and | 8 | | the Illinois Public Accounting Act;
| 9 | | (2) an employee of a vocational rehabilitation | 10 | | facility prescribed or
supervised by the Department of | 11 | | Human Services;
| 12 | | (3) an administrator, employee, or person providing | 13 | | services in or through
an unlicensed community based | 14 | | facility;
| 15 | | (4) any religious practitioner who provides treatment | 16 | | by prayer or spiritual means alone in accordance with the | 17 | | tenets and practices of a recognized church or religious | 18 | | denomination, except as to information received in any | 19 | | confession or sacred communication enjoined by the | 20 | | discipline of the religious denomination to be held | 21 | | confidential;
| 22 | | (5) field personnel of the Department of Healthcare and | 23 | | Family Services, Department of Public
Health, and | 24 | | Department of Human Services, and any county or
municipal | 25 | | health department;
| 26 | | (6) personnel of the Department of Human Services, the |
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| 1 | | Guardianship and
Advocacy Commission, the State Fire | 2 | | Marshal, local fire departments, the
Department on Aging | 3 | | and its subsidiary Area Agencies on Aging and provider
| 4 | | agencies, and the Office of State Long Term Care Ombudsman;
| 5 | | (7) any employee of the State of Illinois not otherwise | 6 | | specified herein
who is involved in providing services to | 7 | | eligible adults, including
professionals providing medical | 8 | | or rehabilitation services and all
other persons having | 9 | | direct contact with eligible adults;
| 10 | | (8) a person who performs the duties of a coroner
or | 11 | | medical examiner; or
| 12 | | (9) a person who performs the duties of a paramedic or | 13 | | an emergency
medical
technician.
| 14 | | (g) "Neglect" means
another individual's failure to | 15 | | provide an eligible
adult with or willful withholding from an | 16 | | eligible adult the necessities of
life including, but not | 17 | | limited to, food, clothing, shelter or health care.
This | 18 | | subsection does not create any new affirmative duty to provide | 19 | | support to
eligible adults. Nothing in this Act shall be | 20 | | construed to mean that an
eligible adult is a victim of neglect | 21 | | because of health care services provided
or not provided by | 22 | | licensed health care professionals.
| 23 | | (h) "Provider agency" means any public or nonprofit agency | 24 | | in a planning
and service area appointed by the regional | 25 | | administrative agency with prior
approval by the Department on | 26 | | Aging to receive and assess reports of
alleged or suspected |
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| 1 | | abuse, neglect, or financial exploitation.
| 2 | | (i) "Regional administrative agency" means any public or | 3 | | nonprofit
agency in a planning and service area so designated | 4 | | by the Department,
provided that the designated Area Agency on | 5 | | Aging shall be designated the
regional administrative agency if | 6 | | it so requests.
The Department shall assume the functions of | 7 | | the regional administrative
agency for any planning and service | 8 | | area where another agency is not so
designated.
| 9 | | (i-5) "Self-neglect" means a condition that is the result | 10 | | of an eligible adult's inability, due to physical or mental | 11 | | impairments, or both, or a diminished capacity, to perform | 12 | | essential self-care tasks that substantially threaten his or | 13 | | her own health, including: providing essential food, clothing, | 14 | | shelter, and health care; and obtaining goods and services | 15 | | necessary to maintain physical health, mental health, | 16 | | emotional well-being, and general safety. The term includes | 17 | | compulsive hoarding, which is characterized by the acquisition | 18 | | and retention of large quantities of items and materials that | 19 | | produce an extensively cluttered living space, which | 20 | | significantly impairs the performance of essential self-care | 21 | | tasks or otherwise substantially threatens life or safety.
| 22 | | (j) "Substantiated case" means a reported case of alleged | 23 | | or suspected
abuse, neglect, financial exploitation, or | 24 | | self-neglect in which a provider agency,
after assessment, | 25 | | determines that there is reason to believe abuse,
neglect, or | 26 | | financial exploitation has occurred.
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| 1 | | (Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572, | 2 | | eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, | 3 | | eff. 1-1-12; 97-300, eff. 8-11-11; revised 10-4-11.) | 4 | | Section 15. The Unified Code of Corrections is amended by | 5 | | changing Section 5-5-5 as follows:
| 6 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 7 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 8 | | (a) Conviction and disposition shall not entail the loss by | 9 | | the
defendant of any civil rights, except under this Section | 10 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 11 | | hereafter amended.
| 12 | | (b) A person convicted of a felony shall be ineligible to | 13 | | hold an office
created by the Constitution of this State until | 14 | | the completion of his sentence.
| 15 | | (c) A person sentenced to imprisonment shall lose his right | 16 | | to vote
until released from imprisonment.
| 17 | | (d) On completion of sentence of imprisonment or upon | 18 | | discharge from
probation, conditional discharge or periodic | 19 | | imprisonment, or at any time
thereafter, all license rights and | 20 | | privileges
granted under the authority of this State which have | 21 | | been revoked or
suspended because of conviction of an offense | 22 | | shall be restored unless the
authority having jurisdiction of | 23 | | such license rights finds after
investigation and hearing that | 24 | | restoration is not in the public interest.
This paragraph (d) |
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| 1 | | shall not apply to the suspension or revocation of a
license to | 2 | | operate a motor vehicle under the Illinois Vehicle Code.
| 3 | | (e) Upon a person's discharge from incarceration or parole, | 4 | | or upon a
person's discharge from probation or at any time | 5 | | thereafter, the committing
court may enter an order certifying | 6 | | that the sentence has been
satisfactorily completed when the | 7 | | court believes it would assist in the
rehabilitation of the | 8 | | person and be consistent with the public welfare.
Such order | 9 | | may be entered upon the motion of the defendant or the State or
| 10 | | upon the court's own motion.
| 11 | | (f) Upon entry of the order, the court shall issue to the | 12 | | person in
whose favor the order has been entered a certificate | 13 | | stating that his
behavior after conviction has warranted the | 14 | | issuance of the order.
| 15 | | (g) This Section shall not affect the right of a defendant | 16 | | to
collaterally attack his conviction or to rely on it in bar | 17 | | of subsequent
proceedings for the same offense.
| 18 | | (h) No application for any license specified in subsection | 19 | | (i) of this
Section granted under the
authority of this State | 20 | | shall be denied by reason of an eligible offender who
has | 21 | | obtained a certificate of relief from disabilities, as
defined | 22 | | in Article 5.5 of this Chapter, having been previously | 23 | | convicted of one
or more
criminal offenses, or by reason of a | 24 | | finding of lack of "good moral
character" when the finding is | 25 | | based upon the fact that the applicant has
previously been | 26 | | convicted of one or more criminal offenses, unless:
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| 1 | | (1) there is a direct relationship between one or more | 2 | | of the previous
criminal offenses and the specific license | 3 | | sought; or
| 4 | | (2) the issuance of the license would
involve an | 5 | | unreasonable risk to property or to the safety or welfare | 6 | | of
specific individuals or the general public.
| 7 | | In making such a determination, the licensing agency shall | 8 | | consider the
following factors:
| 9 | | (1) the public policy of this State, as expressed in | 10 | | Article 5.5 of this
Chapter, to encourage the licensure and | 11 | | employment of persons previously
convicted of one or more | 12 | | criminal offenses;
| 13 | | (2) the specific duties and responsibilities | 14 | | necessarily related to the
license being sought;
| 15 | | (3) the bearing, if any, the criminal offenses or | 16 | | offenses for which the
person
was previously convicted will | 17 | | have on his or her fitness or ability to perform
one or
| 18 | | more such duties and responsibilities;
| 19 | | (4) the time which has elapsed since the occurrence of | 20 | | the criminal
offense or offenses;
| 21 | | (5) the age of the person at the time of occurrence of | 22 | | the criminal
offense or offenses;
| 23 | | (6) the seriousness of the offense or offenses;
| 24 | | (7) any information produced by the person or produced | 25 | | on his or her
behalf in
regard to his or her rehabilitation | 26 | | and good conduct, including a certificate
of relief from |
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| 1 | | disabilities issued to the applicant, which certificate | 2 | | shall
create a presumption of rehabilitation in regard to | 3 | | the offense or offenses
specified in the certificate; and
| 4 | | (8) the legitimate interest of the licensing agency in | 5 | | protecting
property, and
the safety and welfare of specific | 6 | | individuals or the general public.
| 7 | | (i) A certificate of relief from disabilities shall be | 8 | | issued only
for a
license or certification issued under the | 9 | | following Acts:
| 10 | | (1) the Animal Welfare Act; except that a certificate | 11 | | of relief from
disabilities may not be granted
to provide | 12 | | for
the
issuance or restoration of a license under the | 13 | | Animal Welfare Act for any
person convicted of violating | 14 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 15 | | Care for Animals Act or Section 26-5 of the Criminal Code | 16 | | of
1961;
| 17 | | (2) the Illinois Athletic Trainers Practice Act;
| 18 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 19 | | and Nail Technology Act of 1985;
| 20 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 21 | | Act;
| 22 | | (5) the Boxing and Full-contact Martial Arts Act;
| 23 | | (6) the Illinois Certified Shorthand Reporters Act of | 24 | | 1984;
| 25 | | (7) the Illinois Farm Labor Contractor Certification | 26 | | Act;
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| 1 | | (8) the Interior Design Title Act;
| 2 | | (9) the Illinois Professional Land Surveyor Act of | 3 | | 1989;
| 4 | | (10) the Illinois Landscape Architecture Act of 1989;
| 5 | | (11) the Marriage and Family Therapy Licensing Act;
| 6 | | (12) the Private Employment Agency Act;
| 7 | | (13) the Professional Counselor and Clinical | 8 | | Professional Counselor
Licensing and Practice
Act;
| 9 | | (14) the Real Estate License Act of 2000;
| 10 | | (15) the Illinois Roofing Industry Licensing Act; | 11 | | (16) the Professional Engineering Practice Act of | 12 | | 1989; | 13 | | (17) the Water Well and Pump Installation Contractor's | 14 | | License Act; | 15 | | (18) the Electrologist Licensing Act;
| 16 | | (19) the Auction License Act; | 17 | | (20) the Illinois Architecture Practice Act of 1989; | 18 | | (21) the Dietetic and Nutrition Services Practice Act; | 19 | | (22) the Environmental Health Practitioner Licensing | 20 | | Act; | 21 | | (23) the Funeral Directors and Embalmers Licensing | 22 | | Code; | 23 | | (24) the Land Sales Registration Act of 1999; | 24 | | (25) the Professional Geologist Licensing Act; | 25 | | (26) the Illinois Public Accounting Act; and | 26 | | (27) the Structural Engineering Practice Act of 1989.
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| 1 | | (Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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