Illinois General Assembly - Full Text of HB4667
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Full Text of HB4667  102nd General Assembly

HB4667eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4667 EngrossedLRB102 24195 AMQ 33423 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:

 

 

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1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Home Medical Equipment and Services Provider License
4Act.
5    The Illinois Petroleum Education and Marketing Act.
6    The Illinois Speech-Language Pathology and Audiology
7Practice Act.
8    The Interpreter for the Deaf Licensure Act of 2007.
9    The Nurse Practice Act.
10    The Nursing Home Administrators Licensing and Disciplinary
11Act.
12    The Physician Assistant Practice Act of 1987.
13    The Podiatric Medical Practice Act of 1987.
14    The Professional Counselor and Clinical Professional
15Counselor Licensing and Practice Act.
16(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
17100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
188-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
19100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
20    Section 10. The Professional Counselor and Clinical
21Professional Counselor Licensing and Practice Act is amended
22by changing Sections 10, 15, 18, 20, 25, 30, 45, 50, 80, 90,
23100, 110, 130, 155, and 165 and by adding Section 11 as
24follows:
 

 

 

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1    (225 ILCS 107/10)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 10. Definitions. As used in this Act:
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit. It is the duty of the applicant or
8licensee to inform the Department of any change of address and
9those changes must be made either through the Department's
10website or by contacting the Department.
11    "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department's licensure maintenance unit.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Board" means the Professional Counselor Licensing and
18Disciplinary Board as appointed by the Secretary.
19    "Person" means an individual, association, partnership, or
20corporation.
21    "Professional counseling" means the provision of services
22to individuals, couples, groups, families, and organizations
23in any one or more of the fields of professional counseling.
24"Professional counseling" includes the therapeutic process of:
25(i) conducting assessments and diagnosing for the purpose of
26establishing treatment goals and objectives and (ii) planning,

 

 

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1implementing, and evaluating treatment plans using treatment
2interventions to facilitate human development and to identify
3and remediate mental, emotional, or behavioral disorders and
4associated distresses that interfere with mental health.
5    Professional counseling may also include clinical
6professional counseling as long as it is not conducted in
7independent private practice as defined in this Act.
8    "Clinical professional counseling" means the provision of
9professional counseling and mental health services, which
10includes, but is not limited to, the application of clinical
11counseling theory and techniques to prevent and alleviate
12mental and emotional disorders and psychopathology and to
13promote optimal mental health, rehabilitation, treatment,
14testing, assessment, and evaluation. "Clinical professional
15counseling" may include the practice of professional
16counseling as defined in this Act. It also includes clinical
17counseling and psychotherapy in a professional relationship to
18assist individuals, couples, families, groups, and
19organizations to alleviate emotional disorders, to understand
20conscious and unconscious motivation, to resolve emotional,
21relationship, and attitudinal conflicts, and to modify
22behaviors that interfere with effective emotional, social,
23adaptive, and intellectual functioning.
24    "Licensed professional counselor" and "professional
25counselor" means a person who holds a license authorizing the
26practice of professional counseling as defined in this Act.

 

 

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1    "Licensed clinical professional counselor" and "clinical
2professional counselor" means a person who holds a license
3authorizing the independent practice of clinical professional
4counseling in private practice as defined in this Act.
5    "Independent private practice of clinical professional
6counseling" means the application of clinical professional
7counseling knowledge and skills by a licensed clinical
8professional counselor who regulates and is responsible for
9her or his own practice or treatment procedures.
10    "Clinical supervision" or "supervision" means the
11experience is under the order, control, and full professional
12responsibility of a supervisor who reviews review of aspects
13of counseling and case management in a face-to-face meeting
14with the person under supervision. "Face-to-face" means the
15session is live, interactive, and visual. Video is considered
16face-to-face if the session is synchronous and involves verbal
17and visual interaction during supervision.
18    "Qualified supervisor" or "qualified clinical supervisor"
19means any person who is a licensed clinical professional
20counselor, licensed clinical social worker, licensed clinical
21psychologist, psychiatrist as defined in Section 1-121 of the
22Mental Health and Developmental Disabilities Code, or other
23supervisor as defined by rule. A qualified supervisor may be
24provided at the applicant's place of work, or may be hired by
25the applicant to provide supervision.
26    "License" means that which is required to practice

 

 

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1professional counseling or clinical professional counseling as
2defined in this Act.
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5    "Volunteer" means a person performing services without
6compensation for a nonprofit organization, a nonprofit
7corporation, a hospital, a governmental entity, or a private
8business, other than reimbursement for actual expenses
9incurred. "Volunteer" includes a person serving as a director,
10officer, trustee, or direct service volunteer.
11(Source: P.A. 97-706, eff. 6-25-12.)
 
12    (225 ILCS 107/11 new)
13    Sec. 11. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after
21    such change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
 
23    (225 ILCS 107/15)
24    (Section scheduled to be repealed on January 1, 2023)

 

 

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1    Sec. 15. Exemptions.
2    (a) This Act does not prohibit any persons legally
3regulated in this State by any other Act from engaging in the
4practice for which they are authorized as long as they do not
5represent themselves by the title of "professional counselor",
6"licensed professional counselor", "clinical professional
7counselor", or "licensed clinical professional counselor".
8This Act does not prohibit the practice of nonregulated
9professions whose practitioners are engaged in the delivery of
10human services as long as these practitioners do not represent
11themselves as or use the title of "professional counselor",
12"licensed professional counselor", "clinical professional
13counselor", or "licensed clinical professional counselor".
14    (b) Nothing in this Act shall be construed to limit the
15activities and services of a student, intern, or resident in
16professional counseling or clinical professional counseling
17seeking to fulfill educational requirements in order to
18qualify for a license under this Act if (i) these activities
19and services constitute a part of the student's supervised
20course of study, (ii) the activities and services are not
21conducted in an independent practice, as defined in this Act,
22(iii) the activities and services are supervised as specified
23in this Act, and (iv) the student, intern, or resident is
24designated by a title "intern" or "resident" or other
25designation of trainee status. Nothing contained in this
26Section shall be construed to permit students, interns, or

 

 

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1residents to offer their services as professional counselors
2or clinical professional counselors to any other person, other
3than as specifically excepted in this Section, unless they
4have been licensed under this Act.
5    (b-5) Nothing in this Act shall be construed to limit the
6activities and services of individuals seeking to fulfill
7post-degree experience requirements in order to qualify for
8licensing as a clinical professional counselor under this Act,
9so long as the individual is not engaged in the independent
10private practice of clinical professional counseling as
11defined in this Act, and is in compliance with all applicable
12regulations regarding supervision including, but not limited
13to, the requirement that the supervised experience must be
14under the order, control, and full professional responsibility
15of their supervisor. The Department may, by rule, adopt
16further limitations on individuals practicing under this
17subsection.
18    (c) Corporations, partnerships, and associations may
19employ practicum students, interns, or post-degree candidates
20seeking to fulfill educational requirements or the
21professional experience requirements needed to qualify for a
22license under this Act if their activities and services
23constitute a part of the student's supervised course of study
24or post-degree professional experience requirements. Nothing
25in this paragraph shall prohibit a corporation, partnership,
26or association from contracting with a licensed health care

 

 

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1professional to provide services that they are licensed to
2provide.
3    (d) Nothing in this Act shall prevent the employment, by a
4professional counselor or clinical professional counselor,
5person, association, partnership, or a corporation furnishing
6professional counseling or clinical professional counseling
7services for remuneration, of persons not licensed as
8professional counselors or clinical professional counselors
9under this Act to perform services in various capacities as
10needed if these persons are not in any manner held out to the
11public or do not hold themselves out to the public by any title
12or designation stating or implying that they are professional
13counselors or clinical professional counselors.
14    (e) Nothing in this Act shall be construed to limit the
15services of a person, not licensed under the provisions of
16this Act, in the employ of a federal, State, county, or
17municipal agency or other political subdivision or
18not-for-profit corporation providing human services if (1) the
19services are a part of the duties in his or her salaried
20position, (2) the services are performed solely on behalf of
21his or her employer, and (3) that person does not in any manner
22represent himself or herself as or use the title of
23"professional counselor", "licensed professional counselor",
24"clinical professional counselor", or "licensed clinical
25professional counselor".
26    (f) Duly recognized members of any religious organization

 

 

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1shall not be restricted from functioning in their ministerial
2capacity provided they do not represent themselves as being
3professional counselors or clinical professional counselors,
4or as providing "professional counseling" or "clinical
5professional counseling". This Act shall not apply or be
6construed so as to apply to the employees or agents of a church
7or religious organization or an organization owned,
8controlled, or affiliated with a church or religious
9organization, unless the church, religious organization, or
10owned, controlled, or affiliated organization designates or
11holds these employees or agents out to the public as
12professional counselors or clinical professional counselors or
13holds out their services as being "professional counseling" or
14"clinical professional counseling".
15    (g) Nothing in this Act shall prohibit individuals not
16licensed under the provisions of this Act who work in
17self-help groups or programs or not-for-profit organizations
18from providing services in those groups, programs, or
19organizations, as long as those persons are not in any manner
20held out to the public as practicing professional counseling
21or clinical professional counseling, or do not hold themselves
22out to the public by any title or designation stating or
23implying that they are professional counselors or clinical
24professional counselors.
25    (h) Nothing in this Act shall be construed to limit the
26activities and use of the official title of "professional

 

 

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1counselor" or "clinical professional counselor" on the part of
2a person not licensed under this Act who is an academic
3employee of a duly chartered institution of higher education
4and who holds educational and professional qualifications
5equivalent to those required for licensing under this Act,
6insofar as such activities are performed in the person's role
7as an academic employee, or insofar as such person engages in
8public speaking with or without remuneration.
9    (i) Nothing in this Act shall be construed to require
10licensure under this Act or limit the services of a school
11counselor licensed certified by the Illinois State Board of
12Education State Teacher Certification Board and employed as
13authorized by Section 10-22-24a or any other provision of the
14School Code as long as that person is not in any manner held
15out to the public as a "professional counselor" or "clinical
16professional counselor" or does not hold out his or her
17services as being "professional counseling" or "clinical
18professional counseling".
19    (j) Nothing in this Act shall be construed to require any
20hospital, clinic, home health agency, hospice, or other entity
21that provides health care to employ or to contract with a
22person licensed under this Act to provide professional
23counseling or clinical professional counseling services. These
24persons may not hold themselves out or represent themselves to
25the public as being licensed under this Act.
26    (k) Nothing in this Act shall be construed to require

 

 

HB4667 Engrossed- 12 -LRB102 24195 AMQ 33423 b

1licensure under this Act or limit the services of a person
2employed by a private elementary or secondary school who
3provides counseling within the scope of his or her employment
4as long as that person is not in any manner held out to the
5public as a "professional counselor" or "clinical professional
6counselor" or does not hold out his or her services as being
7"professional counseling" or "clinical professional
8counseling".
9    (l) Nothing in this Act shall be construed to require
10licensure under this Act or limit the services of a rape crisis
11counselor who is an employee or volunteer of a rape crisis
12organization as defined in Section 8-802.1 of the Code of
13Civil Procedure as long as that person is not in any manner
14held out to the public as a "professional counselor" or
15"clinical professional counselor" or does not hold out his or
16her services as being "professional counseling" or "clinical
17professional counseling".
18    (m) Nothing in this Act shall be construed to prevent any
19licensed social worker, licensed clinical social worker, or
20licensed clinical psychologist from practicing professional
21counseling as long as that person is not in any manner held out
22to the public as a "professional counselor" or "clinical
23professional counselor" or does not hold out his or her
24services as being "professional counseling" or "clinical
25professional counseling".
26    (n) Nothing in this Act shall be construed to limit the

 

 

HB4667 Engrossed- 13 -LRB102 24195 AMQ 33423 b

1activities and use of the official title of "professional
2counselor" or "clinical professional counselor" on the part of
3a person not licensed under this Act who is a physician
4licensed to practice medicine in all of its branches under the
5Medical Practice Act of 1987.
6    (o) Nothing in this Act shall be construed to require
7licensure under this Act or limit the services of a domestic
8violence counselor who is an employee or volunteer of a
9domestic violence program as defined in Section 227 of the
10Illinois Domestic Violence Act of 1986.
11(Source: P.A. 97-706, eff. 6-25-12.)
 
12    (225 ILCS 107/18)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 18. Provision of clinical services by licensed
15professional counselors; scope of practice.
16    (a) Licensed professional counselors may not engage in the
17independent practice of clinical professional counseling
18without a clinical professional counselor license.
19    (b) In an independent private practice, a licensed
20professional counselor must practice at all times under the
21order, control, and full professional responsibility of a
22licensed clinical professional counselor, a licensed clinical
23social worker, a licensed clinical psychologist, or a
24psychiatrist as defined in Section 1-121 of the Mental Health
25and Developmental Disabilities Code.

 

 

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1    (c) When providing clinical professional counseling as set
2forth in this Act, a licensed professional counselor may not
3represent himself or herself as a sole or independent
4practitioner and may not use the title "clinical professional
5counselor" or "licensed clinical professional counselor". A
6licensed professional counselor providing clinical
7professional counseling shall always operate and represent
8himself or herself as providing services through or as a part
9of a group practice or through a clinical supervisor's
10practice, and the licensed professional counselor shall have
11no ownership interest in either type of practice. Licensed
12professional counselors providing clinical services shall
13provide the name and contact information of the licensed
14professional counselor's supervisor to all clients.
15    (d) (Blank). Nothing in this Act shall be construed to
16limit licensed professional counselors from owning or engaging
17in sole or other type of practice or from using the title
18"licensed professional counselor" or "professional counselor"
19when providing social services that do not fall within the
20definition of professional counseling or clinical professional
21counseling as set forth in this Act.
22    (e) The Department may adopt rules necessary to implement
23this Section.
24(Source: P.A. 97-706, eff. 6-25-12.)
 
25    (225 ILCS 107/20)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 20. Restrictions and limitations.
3    (a) No person shall, without a valid license as a
4professional counselor issued by the Department: (i) in any
5manner hold himself or herself out to the public as a
6professional counselor under this Act; (ii) attach the title
7"professional counselor", or "licensed professional
8counselor", or use the credential "L.P.C."; or (iii) offer to
9render or render to individuals, corporations, or the public
10professional counseling services.
11    (b) No person shall, without a valid license as a clinical
12professional counselor issued by the Department: (i) in any
13manner hold himself or herself out to the public as a clinical
14professional counselor or licensed clinical professional
15counselor under this Act; (ii) attach the title "clinical
16professional counselor", or "licensed clinical professional
17counselor", or use the credential "L.P.C."; or (iii) offer to
18render to individuals, corporations, or the public clinical
19professional counseling services.
20    (c) (Blank).
21    (d) No association, limited liability company,
22professional limited liability company, or partnership shall
23provide, attempt to provide, or offer to provide clinical
24professional counseling or professional counseling services
25unless every member, partner, and employee of the association,
26limited liability company, professional limited liability

 

 

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1company, or partnership who practices professional counseling
2or clinical professional counseling or who renders
3professional counseling or clinical professional counseling
4services holds a currently valid license issued under this
5Act. No business shall provide, attempt to provide, or offer
6to provide professional counseling or clinical professional
7counseling services unless it is organized under the
8Professional Service Corporation Act or Professional Limited
9Liability Company Act.
10    (d-5) Nothing in this Act shall preclude individuals
11licensed under this Act from practicing directly or indirectly
12for a physician licensed to practice medicine in all its
13branches under the Medical Practice Act of 1987 or for any
14legal entity as provided under subsection (c) of Section 22.2
15of the Medical Practice Act of 1987.
16    (e) Nothing in this Act shall be construed as permitting
17persons licensed as professional counselors or clinical
18professional counselors to engage in any manner in the
19practice of medicine in all its branches as defined by law in
20this State.
21    (f) When, in the course of providing professional
22counseling or clinical professional counseling services to any
23person, a professional counselor or clinical professional
24counselor licensed under this Act finds indication of a
25disease or condition that in his or her professional judgment
26requires professional service outside the scope of practice as

 

 

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1defined in this Act, he or she shall refer that person to a
2physician licensed to practice medicine in all of its branches
3or another appropriate health care practitioner.
4(Source: P.A. 99-227, eff. 8-3-15.)
 
5    (225 ILCS 107/25)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 25. Powers and duties of the Department. Subject to
8the provisions of this Act, the Department may:
9    (a) Authorize examinations to ascertain the qualifications
10and fitness of applicants for licensing as professional
11counselors or clinical professional counselors and pass upon
12the qualifications of applicants for licensure by endorsement.
13    (b) Conduct hearings on proceedings to refuse to issue or
14renew or to revoke licenses or suspend, place on probation,
15censure, or reprimand or take any other disciplinary or
16non-disciplinary action with regard to a person licensed under
17this Act.
18    (c) Formulate rules and regulations required for the
19administration of this Act.
20    (d) (Blank). Maintain rosters of the names and addresses
21of all licensees, and all persons whose licenses have been
22suspended, revoked, or denied renewal for cause within the
23previous calendar year. These rosters shall be available upon
24written request and payment of the required fee.
25    (e) Establish rules for determining approved graduate

 

 

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1professional counseling, clinical professional counseling,
2psychology, rehabilitation counseling and similar programs.
3(Source: P.A. 97-706, eff. 6-25-12.)
 
4    (225 ILCS 107/30)  (from Ch. 111, par. 8451-30)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 30. Professional Counselor Licensing and Disciplinary
7Board.
8    (a) The Secretary shall appoint a Board which shall serve
9in an advisory capacity to the Secretary. The Board shall
10consist of 7 persons, one 2 of whom is are licensed solely as a
11professional counselor counselors, 4 3 of whom are licensed
12solely as clinical professional counselors, one full-time
13faculty member of an accredited college or university that is
14engaged in training professional counselors or clinical
15professional counselors who possesses the qualifications
16substantially equivalent to the education and experience
17requirements for a professional counselor or clinical
18professional counselor, and one member of the public who is
19not a licensed health care provider. In appointing members of
20the Board, the Secretary shall give due consideration to the
21adequate representation of the various fields of counseling.
22In appointing members of the Board, the Secretary shall give
23due consideration to recommendations by members of the
24professions of professional counseling and clinical
25professional counseling, the Statewide organizations

 

 

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1representing the interests of professional counselors and
2clinical professional counselors, organizations representing
3the interests of academic programs, rehabilitation counseling
4programs, and approved counseling programs in the State of
5Illinois.
6    (b) Members shall be appointed for and shall serve 4 year
7terms and until their successors are appointed and qualified.
8No member of the Board shall serve more than 2 full consecutive
9terms. Any appointment to fill a vacancy shall be for the
10unexpired portion of the term.
11    (c) The membership of the Board should reasonably reflect
12representation from different geographic areas of Illinois.
13    (d) (Blank).
14    (e) The Secretary shall have the authority to remove or
15suspend any member for cause at any time prior to the
16expiration of his or her term. The Secretary shall be the sole
17arbiter of cause.
18    (f) The Board shall annually elect one of its members as
19chairperson.
20    (g) The members of the Board shall be reimbursed for all
21legitimate, necessary, and authorized expenses incurred in
22attending the meetings of the Board.
23    (h) The Board may make recommendations on matters relating
24to approving graduate counseling, rehabilitation counseling,
25psychology, and related programs.
26    (i) The Board may make recommendations on matters relating

 

 

HB4667 Engrossed- 20 -LRB102 24195 AMQ 33423 b

1to continuing education including the number of hours
2necessary for license renewal, waivers for those unable to
3meet such requirements, and acceptable course content. These
4recommendations shall not impose an undue burden on the
5Department or an unreasonable restriction on those seeking
6license renewal.
7    (j) The Secretary shall give due consideration to all
8recommendations of the Board.
9    (k) Four members of the Board shall constitute a quorum. A
10quorum is required for all Board decisions.
11    (l) Members of the Board shall have no criminal, civil, or
12professional liability in an action based upon a disciplinary
13proceeding or other activity performed in good faith as a
14member of the Board, except for willful or wanton misconduct.
15(Source: P.A. 100-201, eff. 8-18-17.)
 
16    (225 ILCS 107/45)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 45. Qualifications for a license.
19    (a) Professional counselor. A person is qualified to be
20licensed as a licensed professional counselor, and the
21Department shall issue a license authorizing the practice of
22professional counseling to an applicant who:
23        (1) has applied in writing on the prescribed form and
24    has paid the required fee;
25        (2) is at least 21 years of age and has not engaged in

 

 

HB4667 Engrossed- 21 -LRB102 24195 AMQ 33423 b

1    conduct or activities which would constitute grounds for
2    discipline under this Act;
3        (3) is a graduate of: (A) a master's or doctoral level
4    program in the field of counseling, rehabilitation
5    counseling, psychology, or similar degree program approved
6    by the Department; or
7            (B) in the case of an applicant who applied for
8        licensure before the effective date of this amendatory
9        Act of the 96th General Assembly, an approved
10        baccalaureate program in human services or similar
11        degree program approved by the Department and can
12        document the equivalent of 5 years of full-time
13        satisfactory supervised experience, as established by
14        rule, under a qualified supervisor;
15        (4) has passed an examination for the practice of
16    professional counseling as authorized by the Department;
17    and
18        (5) has paid the fees required by this Act.
19    Any person who has received certification by any State or
20national organization whose standards are accepted by the
21Department as being substantially similar to the standards in
22this Act may apply for a professional counselor license and
23need not be examined further.
24    (b) Clinical professional counselor. A person is qualified
25to be licensed as a clinical professional counselor, and the
26Department shall issue a license authorizing the practice of

 

 

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1clinical professional counseling to an applicant who:
2        (1) has applied in writing on the prescribed form and
3    has paid the required fee;
4        (2) is at least 21 years of age and has not engaged in
5    conduct or activities which would constitute grounds for
6    discipline under this Act;
7        (3) is a graduate of:
8            (A) a master's level program in the field of
9        counseling, rehabilitation counseling, psychology, or
10        similar degree program approved by the Department and
11        has completed the equivalent of 2 years full-time
12        satisfactory supervised employment or experience
13        working as a clinical counselor under the direction of
14        a qualified supervisor subsequent to the degree; or
15            (B) a doctoral program in the field of counseling,
16        rehabilitation counseling, psychology, or similar
17        program approved by the Department and has completed
18        the equivalent of 2 years full-time satisfactory
19        supervised employment or experience working as a
20        clinical counselor under the direction of a qualified
21        supervisor, at least one year of which is subsequent
22        to the degree;
23        (4) has passed the examination for the practice of
24    clinical professional counseling as authorized by the
25    Department; and
26        (5) has paid the fees required by this Act.

 

 

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1    Any person who has received certification or licensure by
2any State or national organization whose standards are
3accepted by the Department as being substantially similar to
4the standards in this Act may apply for a clinical
5professional counselor license, and need not be examined
6further.
7    (c) Examination for applicants under this Act shall be
8held at the discretion of the Department from time to time but
9not less than once each year. The examination used shall be
10authorized by the Department.
11    (d) Upon application and payment of the required fee, an
12applicant who has an active license as a clinical psychologist
13or a clinical social worker licensed under the laws of this
14State may, without examination, be granted registration as a
15licensed clinical professional counselor by the Department.
16(Source: P.A. 96-1139, eff. 7-21-10; 97-706, eff. 6-25-12.)
 
17    (225 ILCS 107/50)
18    (Section scheduled to be repealed on January 1, 2023)
19    Sec. 50. Licenses; renewal; restoration; person in
20military service; inactive status.
21    (a) The expiration date and renewal period for each
22license issued under this Act shall be set by rule. As a
23condition for renewal of a license, the licensee shall be
24required to complete continuing education in accordance with
25rules established by the Department and pay the current

 

 

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1renewal fee.
2    (b) Any person who has permitted a license to expire or who
3has a license on inactive status may have it restored by
4submitting an application to the Department and filing proof
5of fitness acceptable to the Department, to have the license
6restored, including, if appropriate, evidence which is
7satisfactory to the Department certifying the active practice
8of professional counseling or clinical professional counseling
9in another jurisdiction and by paying the required fee.
10    (c) If the person has not maintained an active practice in
11another jurisdiction which is satisfactory to the Department,
12the Department shall determine, by an evaluation program
13established by rule, the person's fitness to resume active
14status and shall establish procedures and requirements for
15restoration.
16    (d) However, any person whose license expired while he or
17she was (i) in federal service on active duty with the armed
18forces of the United States or the State Militia or (ii) in
19training or education under the supervision of the United
20States government prior to induction into the military service
21may have his or her license restored without paying any lapsed
22renewal fees if, within 2 years after the honorable
23termination of such service, training, or education, the
24Department is furnished with satisfactory evidence that the
25person has been so engaged and that such service, training, or
26education has been so terminated.

 

 

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1    (e) A license to practice shall not be denied any
2applicant because of the applicant's race, religion, creed,
3national origin, political beliefs or activities, age, sex,
4sexual orientation, or physical impairment.
5    (f) (Blank). Any person requesting restoration from
6inactive status shall (i) be required to pay the current
7renewal fee, (ii) meet continuing education requirements, and
8(iii) be required to restore his or her license as provided in
9this Act.
10(Source: P.A. 97-706, eff. 6-25-12.)
 
11    (225 ILCS 107/80)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 80. Grounds for discipline.
14    (a) The Department may refuse to issue, renew, or may
15revoke, suspend, place on probation, reprimand, or take other
16disciplinary or non-disciplinary action as the Department
17deems appropriate, including the issuance of fines not to
18exceed $10,000 for each violation, with regard to any license
19for any one or more of the following:
20        (1) Material misstatement in furnishing information to
21    the Department or to any other State agency.
22        (2) Violations or negligent or intentional disregard
23    of this Act or rules adopted under this Act.
24        (3) Conviction by plea of guilty or nolo contendere,
25    finding of guilt, jury verdict, or entry of judgment or by

 

 

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1    sentencing of any crime, including, but not limited to,
2    convictions, preceding sentences of supervision,
3    conditional discharge, or first offender probation, under
4    the laws of any jurisdiction of the United States: (i)
5    that is a felony or (ii) that is a misdemeanor, an
6    essential element of which is dishonesty, or that is
7    directly related to the practice of the profession.
8        (4) Fraud or any misrepresentation in applying for or
9    procuring a license under this Act or in connection with
10    applying for renewal of a license under this Act.
11        (5) Professional incompetence or gross negligence in
12    the rendering of professional counseling or clinical
13    professional counseling services.
14        (6) Malpractice.
15        (7) Aiding or assisting another person in violating
16    any provision of this Act or any rules.
17        (8) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (9) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public and violating the rules of
22    professional conduct adopted by the Department.
23        (10) Habitual or excessive use or abuse of drugs as
24    defined in law as controlled substances, alcohol, or any
25    other substance which results in inability to practice
26    with reasonable skill, judgment, or safety.

 

 

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1        (11) Discipline by another jurisdiction, the District
2    of Columbia, territory, county, or governmental agency, if
3    at least one of the grounds for the discipline is the same
4    or substantially equivalent to those set forth in this
5    Section.
6        (12) Directly or indirectly giving to or receiving
7    from any person, firm, corporation, partnership, or
8    association any fee, commission, rebate or other form of
9    compensation for any professional service not actually
10    rendered. Nothing in this paragraph (12) affects any bona
11    fide independent contractor or employment arrangements
12    among health care professionals, health facilities, health
13    care providers, or other entities, except as otherwise
14    prohibited by law. Any employment arrangements may include
15    provisions for compensation, health insurance, pension, or
16    other employment benefits for the provision of services
17    within the scope of the licensee's practice under this
18    Act. Nothing in this paragraph (12) shall be construed to
19    require an employment arrangement to receive professional
20    fees for services rendered.
21        (13) A finding by the Board that the licensee, after
22    having the license placed on probationary status, has
23    violated the terms of probation.
24        (14) Abandonment of a client.
25        (15) Willfully filing false reports relating to a
26    licensee's practice, including but not limited to false

 

 

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1    records filed with federal or State agencies or
2    departments.
3        (16) Willfully failing to report an instance of
4    suspected child abuse or neglect as required by the Abused
5    and Neglected Child Reporting Act and in matters
6    pertaining to suspected abuse, neglect, financial
7    exploitation, or self-neglect of adults with disabilities
8    and older adults as set forth in the Adult Protective
9    Services Act.
10        (17) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    pursuant to the Abused and Neglected Child Reporting Act,
13    and upon proof by clear and convincing evidence that the
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        (18) Physical or mental illness or disability,
18    including, but not limited to, deterioration through the
19    aging process or loss of abilities and skills which
20    results in the inability to practice the profession with
21    reasonable judgment, skill, or safety.
22        (19) Solicitation of professional services by using
23    false or misleading advertising.
24        (20) Allowing one's license under this Act to be used
25    by an unlicensed person in violation of this Act.
26        (21) A finding that licensure has been applied for or

 

 

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1    obtained by fraudulent means.
2        (22) Practicing under a false or, except as provided
3    by law, an assumed name.
4        (23) Gross and willful overcharging for professional
5    services including filing statements for collection of
6    fees or monies for which services are not rendered.
7        (24) Rendering professional counseling or clinical
8    professional counseling services without a license or
9    practicing outside the scope of a license.
10        (25) Clinical supervisors failing to adequately and
11    responsibly monitor supervisees.
12    All fines imposed under this Section shall be paid within
1360 days after the effective date of the order imposing the
14fine.
15    (b) (Blank).
16    (b-5) The Department may refuse to issue or may suspend
17without hearing, as provided for in the Code of Civil
18Procedure, the license of any person who fails to file a
19return, pay the tax, penalty, or interest shown in a filed
20return, or pay any final assessment of the tax, penalty, or
21interest as required by any tax Act administered by the
22Illinois Department of Revenue, until such time as the
23requirements of any such tax Act are satisfied in accordance
24with subsection (g) of Section 2105-15 of the Department of
25Professional Regulation Law of the Civil Administrative Code
26of Illinois.

 

 

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1    (b-10) In cases where the Department of Healthcare and
2Family Services has previously determined a licensee or a
3potential licensee is more than 30 days delinquent in the
4payment of child support and has subsequently certified the
5delinquency to the Department, the Department may refuse to
6issue or renew or may revoke or suspend that person's license
7or may take other disciplinary action against that person
8based solely upon the certification of delinquency made by the
9Department of Healthcare and Family Services in accordance
10with item (5) of subsection (a) of Section 2105-15 of the
11Department of Professional Regulation Law of the Civil
12Administrative Code of Illinois.
13    (c) The determination by a court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code will result in an automatic suspension of his or her
17license. The suspension will end upon a finding by a court that
18the licensee is no longer subject to involuntary admission or
19judicial admission, the issuance of an order so finding and
20discharging the patient, and the recommendation of the Board
21to the Secretary that the licensee be allowed to resume
22professional practice.
23    (c-5) In enforcing this Act, the Department, upon a
24showing of a possible violation, may compel an individual
25licensed to practice under this Act, or who has applied for
26licensure under this Act, to submit to a mental or physical

 

 

HB4667 Engrossed- 31 -LRB102 24195 AMQ 33423 b

1examination, or both, as required by and at the expense of the
2Department. The Department may order the examining physician
3to present testimony concerning the mental or physical
4examination of the licensee or applicant. No information shall
5be excluded by reason of any common law or statutory privilege
6relating to communications between the licensee or applicant
7and the examining physician. The examining physicians shall be
8specifically designated by the Department. The individual to
9be examined may have, at his or her own expense, another
10physician of his or her choice present during all aspects of
11this examination. The examination shall be performed by a
12physician licensed to practice medicine in all its branches.
13Failure of an individual to submit to a mental or physical
14examination, when directed, shall result in an automatic
15suspension without hearing.
16    All substance-related violations shall mandate an
17automatic substance abuse assessment. Failure to submit to an
18assessment by a licensed physician who is certified as an
19addictionist or an advanced practice registered nurse with
20specialty certification in addictions may be grounds for an
21automatic suspension.
22    If the Department finds an individual unable to practice
23or unfit for duty because of the reasons set forth in this
24subsection (c-5), the Department may require that individual
25to submit to a substance abuse evaluation or treatment by
26individuals or programs approved or designated by the

 

 

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1Department, as a condition, term, or restriction for
2continued, restored, or renewed licensure to practice; or, in
3lieu of evaluation or treatment, the Department may file, or
4the Board may recommend to the Department to file, a complaint
5to immediately suspend, revoke, or otherwise discipline the
6license of the individual. An individual whose license was
7granted, continued, restored, renewed, disciplined, or
8supervised subject to such terms, conditions, or restrictions,
9and who fails to comply with such terms, conditions, or
10restrictions, shall be referred to the Secretary for a
11determination as to whether the individual shall have his or
12her license suspended immediately, pending a hearing by the
13Department.
14    A person holding a license under this Act or who has
15applied for a license under this Act who, because of a physical
16or mental illness or disability, including, but not limited
17to, deterioration through the aging process or loss of motor
18skill, is unable to practice the profession with reasonable
19judgment, skill, or safety, may be required by the Department
20to submit to care, counseling, or treatment by physicians
21approved or designated by the Department as a condition, term,
22or restriction for continued, reinstated, or renewed licensure
23to practice. Submission to care, counseling, or treatment as
24required by the Department shall not be considered discipline
25of a license. If the licensee refuses to enter into a care,
26counseling, or treatment agreement or fails to abide by the

 

 

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1terms of the agreement, the Department may file a complaint to
2revoke, suspend, or otherwise discipline the license of the
3individual. The Secretary may order the license suspended
4immediately, pending a hearing by the Department. Fines shall
5not be assessed in disciplinary actions involving physical or
6mental illness or impairment.
7    In instances in which the Secretary immediately suspends a
8person's license under this Section, a hearing on that
9person's license must be convened by the Department within 15
10days after the suspension and completed without appreciable
11delay. The Department shall have the authority to review the
12subject individual's record of treatment and counseling
13regarding the impairment to the extent permitted by applicable
14federal statutes and regulations safeguarding the
15confidentiality of medical records.
16    An individual licensed under this Act and affected under
17this Section shall be afforded an opportunity to demonstrate
18to the Department that he or she can resume practice in
19compliance with acceptable and prevailing standards under the
20provisions of his or her license.
21    (d) (Blank).
22(Source: P.A. 100-201, eff. 8-18-17; 100-872, eff. 8-14-18.)
 
23    (225 ILCS 107/90)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 90. Investigations; notice and hearing.

 

 

HB4667 Engrossed- 34 -LRB102 24195 AMQ 33423 b

1    (a) The Department may investigate the actions of any
2applicant or any person holding or claiming to hold a license.
3    (b) The Department shall, before refusing to issue or
4renew a license or disciplining a licensee under Section 80 of
5this Act, at least 30 days prior to the date set for the
6hearing, (i) notify the accused, in writing, of any charges
7made and the time and place for the hearing on the charges,
8(ii) direct him or her to file a written answer to the charges
9with the Board under oath within 20 days after the service of
10the notice, and (iii) inform the applicant or licensee that
11failure to file an answer shall result in default being taken
12against the applicant or licensee. At the time and place fixed
13in the notice, the Department shall proceed to hear the
14charges, and the parties or their counsel shall be accorded
15ample opportunity to present any pertinent statements,
16testimony, evidence, and arguments. The Department may
17continue the hearing from time to time. In case the person,
18after receiving the notice, fails to answer, his or her
19license, may, in the discretion of the Department, be revoked,
20suspended, placed on probationary status, or the Department
21may take whatever disciplinary action considered proper,
22including limiting the scope, nature, or extent of the
23person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for that action under the Act. The written notice and
26any notice in the subsequent proceeding may be served by

 

 

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1registered or certified mail or email to the licensee's
2address of record.
3(Source: P.A. 97-706, eff. 6-25-12.)
 
4    (225 ILCS 107/100)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 100. Subpoenas; oaths.
7    (a) The Department has the power to subpoena and bring
8before it any person to take the oral or written testimony or
9compel the production of any books, papers, records, or any
10other documents that the Secretary or his or her designee
11deems relevant or material to any investigation or hearing
12conducted by the Department, with the same fees and mileage
13and in the same manner as prescribed in civil cases in the
14courts of this State.
15    (b) The Secretary, the designated hearing officer, any
16member of the Board, or a certified shorthand court reporter
17may administer oaths at any hearing which the Department
18conducts, and any other oaths authorized in any Act
19administered by the Department. Notwithstanding any other
20statute or Department rules to the contrary, all requests for
21testimony, production of documents, or records shall be in
22accordance with this Act.
23(Source: P.A. 97-706, eff. 6-25-12.)
 
24    (225 ILCS 107/110)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 110. Findings and recommendations.
3    (a) At the conclusion of the hearing, the Board shall
4present to the Secretary a written report of its findings of
5fact, conclusions of law, and recommendations. The report
6shall contain a finding whether the licensee violated this Act
7or failed to comply with the conditions required in this Act.
8The Board shall specify the nature of the violation or failure
9to comply, and shall make its recommendations to the
10Secretary.
11    (b) The report of findings of fact, conclusions of law,
12and recommendation of the Board shall be the basis for the
13Department's order for refusing to issue, restore, or renew a
14license, or otherwise discipline a licensee. If the Secretary
15disagrees with the recommendations of the Board, the Secretary
16may issue an order in contravention of the Board
17recommendations. The finding is not admissible in evidence
18against the person in a criminal prosecution brought for the
19violation of this Act, but the hearing and findings are not a
20bar to a criminal prosecution brought for the violation of
21this Act.
22(Source: P.A. 97-706, eff. 6-25-12.)
 
23    (225 ILCS 107/130)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 130. Order or certified copy; prima facie proof. An

 

 

HB4667 Engrossed- 37 -LRB102 24195 AMQ 33423 b

1order or certified copy thereof, over the seal of the
2Department and purporting to be signed by the Secretary, is
3prima facie proof that:
4    (a) the signature is the genuine signature of the
5Secretary; and
6    (b) the Secretary is duly appointed and qualified; and .
7    (c) the Board and the members thereof are qualified to
8act.
9    Such proof may be rebutted.
10(Source: P.A. 97-706, eff. 6-25-12.)
 
11    (225 ILCS 107/155)
12    (Section scheduled to be repealed on January 1, 2023)
13    Sec. 155. Certification of record; costs. The Department
14shall not be required to certify any record to the court, to
15file an answer in court, or to otherwise appear in any court in
16a judicial review proceeding, unless and until the Department
17has received from the plaintiff payment of the costs of
18furnishing and certifying the record, which costs shall be
19determined by the Department. Exhibits shall be certified
20without cost. Failure on the part of the plaintiff to file the
21receipt in court is grounds for dismissal of the action.
22(Source: P.A. 97-706, eff. 6-25-12.)
 
23    (225 ILCS 107/165)
24    (Section scheduled to be repealed on January 1, 2023)

 

 

HB4667 Engrossed- 38 -LRB102 24195 AMQ 33423 b

1    Sec. 165. Administrative Procedure Act; application. The
2Illinois Administrative Procedure Act is hereby expressly
3adopted and incorporated in this Act as if all of the
4provisions of such Act were included in this Act, except that
5the provisions of subsection (d) of Section 10-65 of the
6Illinois Administrative Procedure Act that provides that at
7hearings the clinical professional counselor or professional
8counselor has the right to show compliance with all lawful
9requirements for retention, continuation, or renewal of the
10license is specifically excluded. For the purposes of this Act
11the notice required under Section 10-25 of the Illinois
12Administrative Procedure Act is deemed sufficient when mailed
13or emailed to the last known address of record of a party.
14(Source: P.A. 97-706, eff. 6-25-12.)
 
15    (225 ILCS 107/55 rep.)
16    (225 ILCS 107/125 rep.)
17    Section 15. The Professional Counselor and Clinical
18Professional Counselor Licensing and Practice Act is amended
19by repealing Sections 55 and 125.
 
20    Section 99. Effective date. This Section and Section 5
21take effect upon becoming law.

 

 

HB4667 Engrossed- 39 -LRB102 24195 AMQ 33423 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.33
4    5 ILCS 80/4.38
5    225 ILCS 107/10
6    225 ILCS 107/11 new
7    225 ILCS 107/15
8    225 ILCS 107/18
9    225 ILCS 107/20
10    225 ILCS 107/25
11    225 ILCS 107/30from Ch. 111, par. 8451-30
12    225 ILCS 107/45
13    225 ILCS 107/50
14    225 ILCS 107/80
15    225 ILCS 107/90
16    225 ILCS 107/100
17    225 ILCS 107/110
18    225 ILCS 107/130
19    225 ILCS 107/155
20    225 ILCS 107/165
21    225 ILCS 107/55 rep.
22    225 ILCS 107/125 rep.