(225 ILCS 107/75)
(Section scheduled to be repealed on January 1, 2023)
Privileged communications and exceptions.
(a) No licensed professional counselor or licensed clinical professional
counselor shall disclose any information acquired from persons consulting
the counselor in a professional capacity, except that which may be
voluntarily disclosed under the following circumstances:
(1) In the course of formally reporting, conferring,
or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, in which instance all recipients of the information are similarly bound to regard the communication as privileged;
(2) With the written consent of the person who
provided the information;
(3) In the case of death or disability, with the
written consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health or physical condition;
(4) When a communication reveals the intended
commission of a crime or harmful act and such disclosure is judged necessary by the licensed professional counselor or licensed clinical professional counselor to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety; or
(5) When the person waives the privilege by bringing
any public charges against the licensee.
(b) When the person is a minor under the laws of the State of Illinois
and the information acquired by the licensed professional counselor or
licensed clinical professional counselor indicates the minor was the victim
or subject of a crime, the licensed professional counselor or licensed
clinical professional counselor may be required to testify in any judicial
proceedings in which the commission of that crime is the subject of inquiry
when, after in camera review of the information that the licensed
professional counselor or licensed clinical professional counselor
acquired, the court determines that the interests of the minor in having
the information held privileged are outweighed by the requirements of
justice, the need to protect the public safety or the need to protect the
minor, except as provided under the Abused and Neglected Child Reporting Act.
(c) Any person having access to records or anyone who participates in
providing professional counseling or clinical professional counseling
services, or, in providing any human services, is supervised by a
licensed professional counselor or licensed clinical professional
counselor, is similarly bound to regard all information and communications
as privileged in accord with this Section.
(d) Nothing in this Act shall be construed to prohibit a licensed
professional counselor or licensed clinical professional counselor from voluntarily
testifying in court hearings concerning matters of adoption, child abuse,
child neglect or other matters pertaining to children, except as provided
under the Abused and Neglected Child Reporting Act and matters pertaining to adults with disabilities and older adults as set forth in the Adult Protective Services Act.
(e) The Mental Health and Developmental Disabilities Confidentiality Act is
incorporated herein as if all of its provisions were included in this Act.
In the event of a conflict between the application of this Section and the
Mental Health and Developmental Disabilities Confidentiality Act to a specific
situation, the provisions of the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(f) Licensed professional counselors and licensed clinical professional counselors when performing professional counseling services or clinical professional counseling services shall comply with counselor licensure rules and laws contained in this Section and Section 80 of this Act regardless of their employment or work setting.
(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13.)