(225 ILCS 107/15)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15. Exemptions.
(a) This Act does not prohibit any persons legally regulated in this
State by any other Act from engaging in the practice for which they are
authorized as long as they do not represent themselves by the title of
"professional counselor", "licensed professional counselor", "clinical
professional counselor", or "licensed clinical professional counselor".
This Act does not prohibit the practice of nonregulated professions whose
practitioners are engaged in the delivery of human services as long as
these practitioners do not represent themselves as or use the title of
"professional counselor", "licensed professional counselor", "clinical
professional counselor", or "licensed clinical professional counselor".
(b) Nothing in this Act shall be construed to limit the activities and
services of a student, intern, or resident in professional counseling or
clinical professional counseling seeking to fulfill educational requirements in
order to qualify for a license under this Act
if (i) these activities and services constitute a part of the student's
supervised course of study, (ii) the activities and services are not conducted in an independent
practice, as defined in this
Act,
(iii) the activities and services are supervised as
specified in this Act, and (iv) the student, intern, or resident
is designated by a title "intern" or "resident" or other designation of
trainee status. Nothing contained in this Section shall be construed
to permit students, interns, or residents to offer their services as
professional counselors or clinical professional counselors to any other
person, other than as specifically
excepted in this Section, unless they have been licensed under this Act.
(b-5) Nothing in this Act shall be construed to limit the activities and services of individuals seeking to fulfill post-degree experience requirements in order to qualify for licensing as a clinical professional counselor under this Act, so long as the individual is not engaged in the independent private practice of clinical professional counseling as defined in this Act, and is in compliance with all applicable regulations regarding supervision including, but not limited to, the requirement that the supervised experience must be under the order, control, and full professional responsibility of their supervisor. The Department may, by rule, adopt further limitations on individuals practicing under this subsection. (c) Corporations, partnerships, and associations may employ practicum
students, interns, or post-degree candidates seeking to fulfill educational
requirements or the professional experience requirements needed to qualify
for a license under this Act if their activities and services
constitute a part of the student's supervised course of study or
post-degree professional experience requirements. Nothing in this paragraph
shall prohibit a corporation, partnership, or association from contracting
with a licensed health care professional to provide services that they are
licensed to provide.
(d) Nothing in this Act shall prevent the employment, by a professional
counselor or clinical professional counselor, person, association,
partnership, or a corporation furnishing professional counseling or
clinical professional counseling services for remuneration, of persons not
licensed as professional counselors or clinical professional counselors
under this Act to perform services in various capacities as needed if these
persons are not in any manner held out to the public or do not hold themselves
out to the public by any title or designation stating or implying that they are
professional counselors or clinical professional counselors.
(e) Nothing in this Act shall be construed to limit the services of a
person, not licensed under the provisions of this Act, in the employ of a
federal, State, county, or municipal agency or other political subdivision or
not-for-profit corporation providing human services if (1) the services are a
part of the duties in his or her salaried position, (2) the services are
performed solely on behalf of his or her employer, and (3) that person does not
in any manner represent himself or herself as or use the title of "professional
counselor", "licensed professional counselor", "clinical professional
counselor", or "licensed clinical professional counselor".
(f) Duly recognized members of any religious organization shall not be
restricted from functioning in their ministerial capacity provided they do
not represent themselves as being professional counselors or clinical
professional counselors, or as providing "professional counseling" or
"clinical professional counseling". This Act shall not apply or be
construed so as to apply to the employees or agents of a church or
religious organization or an organization owned, controlled, or affiliated
with a church or religious organization, unless the church, religious
organization, or owned, controlled, or affiliated organization designates or
holds these employees or agents out to the public as professional
counselors or clinical professional counselors or holds out their services
as being "professional counseling" or "clinical professional counseling".
(g) Nothing in this Act shall prohibit individuals not licensed under
the provisions of this Act who work in self-help groups or programs or
not-for-profit organizations from providing services in those groups,
programs, or organizations, as long as those persons are not in any
manner held out to the public as practicing professional counseling or
clinical professional counseling, or do not hold themselves out to the
public by any title or designation stating or implying that
they are professional counselors or clinical professional counselors.
(h) Nothing in this Act shall be construed to limit the activities and
use of the official title of "professional counselor" or "clinical
professional counselor" on the part of a person
not licensed under this Act who is an academic employee of a duly chartered
institution of higher education and who holds educational and professional
qualifications equivalent to those required for licensing under this Act,
insofar as such activities are performed in the person's role as an
academic employee, or insofar as such person engages in public speaking
with or without remuneration.
(i) Nothing in this Act shall be construed to require licensure under
this Act or limit the services of a school counselor licensed by the Illinois State Board of Education and employed as authorized by Section
10-22-24a or any other provision of the School Code as long as that person is
not in any manner held out to the public as a "professional counselor" or
"clinical professional counselor" or does not hold out his or her services as
being "professional counseling" or "clinical professional counseling".
(j) Nothing in this Act shall be construed to require any hospital,
clinic, home health agency, hospice, or other entity that provides health
care to employ or to contract with a person licensed under this Act to provide
professional counseling or clinical professional counseling services. These
persons may not hold themselves out or represent themselves to the public as
being licensed under this Act.
(k) Nothing in this Act shall be construed to require licensure under
this Act or limit the services of a person employed by a private elementary
or secondary school who provides counseling within the scope of his or her
employment as long as that person is not in any manner held out to the public
as a "professional counselor" or "clinical professional counselor" or does not
hold out his or her services as being "professional counseling" or "clinical
professional counseling".
(l) Nothing in this Act shall be construed to require licensure under
this Act or limit the services of a rape crisis counselor who is an
employee or volunteer of a rape crisis organization as defined in Section
8-802.1 of the Code of Civil Procedure as long as that person is not in any
manner held out to the public as a "professional counselor" or "clinical
professional counselor" or does not hold out his or her services as being
"professional counseling" or "clinical professional counseling".
(m) Nothing in this Act shall be construed to prevent any licensed social
worker, licensed clinical social worker, or licensed clinical psychologist from
practicing professional counseling as long as that person is not in any manner
held out to the public as a "professional counselor" or "clinical professional
counselor" or does not hold out his or her services as being "professional
counseling" or "clinical professional counseling".
(n) Nothing in this Act shall be construed to limit the activities and use
of the official title of "professional counselor" or "clinical professional
counselor" on the part of a person not licensed under this Act who is a
physician licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
(o) Nothing in this Act shall be construed to require licensure under this
Act or limit the services of a domestic violence counselor who is an employee
or volunteer of a domestic violence program as defined in Section 227 of the
Illinois Domestic Violence Act of 1986.
(Source: P.A. 102-878, eff. 1-1-23 .)
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