(225 ILCS 107/1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1. Short title. This Act may be cited as the Professional Counselor
and
Clinical Professional Counselor Licensing and Practice Act.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5. Declaration of public policy. The practice of professional
counseling and clinical professional counseling is hereby declared to
affect the public health, safety and welfare, and to be subject to
regulation in the public interest. The purpose of the Act is to protect and
benefit the public by setting standards of qualifications, education,
training, and experience for those who seek to
engage in the independent practice of clinical professional counseling and in the practice of professional counseling in the State of Illinois and to obtain a license and hold the title of professional counselor, to
promote high standards of professional performance for those licensed to
practice professional counseling and clinical professional counseling in
the State of Illinois, and to protect the public from unprofessional
conduct by persons licensed to practice professional counseling and the independent practice of
clinical professional counseling.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/10)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address and those changes must be made either through the Department's website or by contacting the Department. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit. "Department" means the Department of Financial and Professional Regulation.
"Board" means the Professional Counselor Licensing and Disciplinary
Board as appointed by the Secretary.
"Person" means an individual, association, partnership, or
corporation.
"Professional counseling" means the provision of services to
individuals, couples, groups, families, and organizations in any one or
more of the fields of professional counseling. "Professional counseling" includes the therapeutic process of: (i) conducting assessments and diagnosing for the purpose of establishing treatment goals and objectives and (ii) planning, implementing, and evaluating treatment plans using treatment interventions to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health.
Professional counseling may also include clinical professional
counseling as long as it is not conducted in independent private practice
as defined in this Act.
"Clinical professional counseling" means the provision of
professional counseling and mental health services, which includes, but is
not limited to, the application of clinical counseling theory and
techniques to prevent and alleviate mental and emotional disorders and
psychopathology and to promote optimal mental health, rehabilitation,
treatment, testing, assessment, and evaluation. "Clinical professional counseling" may include the practice of professional counseling as defined in this Act. It also includes
clinical counseling and psychotherapy in a professional relationship to
assist individuals, couples, families, groups, and organizations to
alleviate emotional disorders, to understand conscious and unconscious
motivation, to resolve emotional, relationship, and attitudinal conflicts,
and to modify behaviors that interfere with effective emotional, social,
adaptive, and intellectual functioning.
"Licensed professional counselor" and "professional counselor" means
a person who holds a license authorizing the practice of professional
counseling as defined in this Act.
"Licensed clinical professional counselor" and "clinical
professional counselor" means a person who holds
a license authorizing the independent practice of clinical professional
counseling in private practice as defined in this Act.
"Independent private practice of clinical professional counseling" means the
application of clinical professional counseling knowledge and skills by a
licensed clinical professional counselor who regulates and is responsible
for her or his own practice or treatment procedures.
"Clinical supervision" or "supervision" means the experience is under the order, control, and full professional responsibility of a supervisor who reviews aspects of
counseling and case
management in a face-to-face meeting with the person under supervision. "Face-to-face" means the session is live, interactive, and visual. Video is considered face-to-face if the session is synchronous and involves verbal and visual interaction during supervision.
"Qualified supervisor" or "qualified clinical supervisor" means any
person who is a licensed clinical
professional counselor, licensed clinical social worker, licensed clinical
psychologist, psychiatrist as defined in Section 1-121 of the Mental Health and
Developmental Disabilities Code, or other supervisor as defined by
rule. A qualified supervisor may be provided at the applicant's place of work,
or may be hired by the applicant to provide supervision.
"Secretary" means the Secretary of Financial and Professional Regulation. "Volunteer" means a person performing services without compensation for a nonprofit organization, a nonprofit corporation, a hospital, a governmental entity, or a private business, other than reimbursement for actual expenses incurred. "Volunteer" includes a person serving as a director, officer, trustee, or direct service volunteer. (Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/11) (Section scheduled to be repealed on January 1, 2028) Sec. 11. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to | ||
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(2) inform the Department of any change of | ||
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(Source: P.A. 102-878, eff. 1-1-23.) |
(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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(225 ILCS 107/18) (Section scheduled to be repealed on January 1, 2028) Sec. 18. Provision of clinical services by licensed professional counselors; scope of practice. (a) Licensed professional counselors may not engage in the independent practice of clinical professional counseling without a clinical professional counselor license. (b) In an independent private practice, a licensed professional counselor must practice at all times under the order, control, and full professional responsibility of a licensed clinical professional counselor, a licensed clinical social worker, a licensed clinical psychologist, or a psychiatrist as defined in Section 1-121 of the Mental Health and Developmental Disabilities Code. (c) When providing clinical professional counseling as set forth in this Act, a licensed professional counselor may not represent himself or herself as a sole or independent practitioner and may not use the title "clinical professional counselor" or "licensed clinical professional counselor". A licensed professional counselor providing clinical professional counseling shall always operate and represent himself or herself as providing services through or as a part of a group practice or through a clinical supervisor's practice, and the licensed professional counselor shall have no ownership interest in either type of practice. Licensed professional counselors providing clinical services shall provide the name and contact information of the licensed professional counselor's supervisor to all clients. (d) (Blank). (e) The Department may adopt rules necessary to implement this Section.
(Source: P.A. 102-878, eff. 1-1-23.) |
(225 ILCS 107/20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. Restrictions and limitations.
(a) No person shall, without a valid license as a professional
counselor issued by the Department: (i) in any manner hold himself or
herself out to the public as a professional counselor
under this Act; (ii) attach the title "professional counselor" or "licensed
professional
counselor" or use the credential "L.P.C."; or (iii) offer to render or render to individuals,
corporations, or the public professional counseling services.
(b) No person shall, without a valid license as a clinical professional
counselor issued by the Department: (i) in any manner hold himself or
herself out to the public as a clinical professional counselor or licensed
clinical professional counselor
under this Act; (ii) attach the title "clinical professional counselor" or
"licensed clinical professional
counselor", or use the credential "L.P.C."; or (iii) offer to render to individuals, corporations, or the
public clinical professional counseling services.
(c) (Blank).
(d) No association, limited liability company, professional limited liability company, or partnership shall provide, attempt to provide, or offer to provide
clinical professional counseling or professional counseling services unless
every member, partner, and employee of the association, limited liability company, professional limited liability company, or partnership who
practices professional counseling or clinical professional counseling
or who renders professional counseling or clinical
professional counseling services holds a currently
valid license issued under this Act. No business shall provide, attempt to provide, or offer to provide professional counseling or
clinical professional counseling services unless it is organized under the
Professional Service Corporation Act or Professional Limited Liability Company Act.
(d-5) Nothing in this Act shall preclude individuals licensed under this Act from practicing directly or indirectly for a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987 or for any legal entity as provided under subsection (c) of Section 22.2 of the Medical Practice Act of 1987. (e) Nothing in this Act shall be construed as permitting persons
licensed as professional counselors or clinical professional counselors to
engage in any manner in the practice of medicine in all its branches as defined
by law in this State.
(f) When, in the course of providing professional counseling or clinical
professional counseling services to any person, a professional counselor or
clinical professional counselor licensed under this Act finds indication of
a disease or condition that in his or her professional judgment requires
professional service outside the scope of practice as defined in this Act,
he or she shall refer that person to a physician licensed to practice
medicine in all of its branches or another appropriate health care
practitioner.
(Source: P.A. 102-878, eff. 1-1-23; 103-154, eff. 6-30-23.)
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(225 ILCS 107/21)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds
himself or herself out to practice as a clinical professional counselor or
professional
counselor without being licensed or exempt under this Act shall, in addition to
any other
penalty provided by law, pay a civil penalty to the Department in an amount not
to
exceed $10,000 for each offense, as determined by the Department. The civil
penalty
shall be assessed by the Department after a hearing is held in accordance with
the
provisions set forth in this Act regarding the provision of a hearing for the
discipline of a
licensee.
(b) The Department may investigate any actual, alleged, or suspected
unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the
order imposing the civil penalty. The order shall constitute a final judgment
and may be
filed and execution had thereon in the same manner as any judgment from any
court of
record.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/25) (Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Powers and duties of the Department. Subject to the
provisions of this Act, the Department may:
(a) Authorize examinations to ascertain the | ||
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(b) Conduct hearings on proceedings to refuse to | ||
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(c) Formulate rules and regulations required for the | ||
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(d) (Blank).
(e) Establish rules for determining approved | ||
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(Source: P.A. 102-878, eff. 1-1-23.)
(Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2028) Sec. 25. Powers and duties of the Department. Subject to the provisions of this Act, the Department may: (a) Authorize examinations to ascertain the | ||
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(b) Conduct hearings on proceedings to refuse to | ||
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(c) Formulate rules and regulations required for the | ||
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(d) (Blank). (e) Establish rules for determining approved graduate | ||
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(Source: P.A. 102-878, eff. 1-1-23; 103-715, eff. 1-1-25.) |
(225 ILCS 107/30) (from Ch. 111, par. 8451-30)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Professional Counselor Licensing and Disciplinary Board.
(a) The Secretary shall appoint a Board which shall serve in an advisory
capacity to the Secretary. The Board shall consist of 7 persons, one of whom is
licensed solely as a professional counselor, 4 of whom are licensed
solely as clinical professional counselors, one full-time faculty member of an
accredited college or university that is engaged in training professional
counselors or clinical professional counselors who possesses the qualifications
substantially equivalent to the education and experience requirements for a
professional counselor or clinical professional counselor, and one member of
the public. In appointing members of
the Board, the Secretary shall give due consideration to the adequate
representation of the various fields of counseling. In appointing members of
the Board, the Secretary shall give due consideration to recommendations by
members of the professions of professional counseling and clinical professional
counseling, the Statewide organizations representing the interests of
professional counselors and clinical professional counselors, organizations
representing the interests of academic programs, rehabilitation counseling
programs, and approved counseling programs in the State of Illinois.
(b) Members shall be appointed for and shall serve 4 year terms and
until their successors are appointed and qualified. No member of the Board shall serve more than 2 full consecutive terms. Any
appointment to fill a vacancy shall be for the unexpired portion of the term.
(c) The membership of the Board should reasonably reflect representation
from different geographic areas of Illinois.
(d) (Blank).
(e) The Secretary shall have the authority to remove or suspend any member for cause at any time prior to
the expiration of his or her term. The Secretary shall be the sole arbiter of cause.
(f) The Board shall annually elect one of its members as chairperson.
(g) The members of the Board shall be reimbursed for all legitimate,
necessary, and authorized expenses incurred in attending the meetings of
the Board.
(h) The Board may make recommendations on matters relating to
approving graduate counseling, rehabilitation counseling, psychology, and
related programs.
(i) The Board may make recommendations on matters relating to continuing
education including the number of hours necessary for license renewal, waivers
for those unable to meet such requirements, and acceptable course content.
These recommendations shall not impose an undue burden on the Department or an
unreasonable restriction on those seeking license renewal.
(j) The Secretary shall give due consideration to all recommendations of
the Board.
(k) Four members of the Board shall constitute a
quorum. A quorum is required for all Board decisions.
(l) Members of the Board shall have no criminal, civil, or professional
liability in
an action based upon a disciplinary proceeding or other activity performed in
good faith
as a member of the Board, except for willful or wanton misconduct.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/35)
(Section scheduled to be repealed on January 1, 2028)
Sec. 35.
Application for original license.
Applications for original
licenses shall be made to the Department on forms prescribed by the
Department and accompanied by the required fee which is not
refundable. All applications shall contain such information that, in the
judgment of the Department, will enable the Department to pass on the
qualifications of the applicant for a license to practice as a licensed
professional counselor or licensed clinical professional counselor.
(Source: P.A. 87-1011.)
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(225 ILCS 107/37)
(Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2028)
Sec. 37. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2028) Sec. 37. Social Security Number or individual taxpayer identification number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number or individual taxpayer identification number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number. (Source: P.A. 103-715, eff. 1-1-25.) |
(225 ILCS 107/40)
(Text of Section before amendment by P.A. 103-708)
(Section scheduled to be repealed on January 1, 2028)
Sec. 40.
Examination; failure or refusal to take examination.
(a) The Department shall authorize examinations of applicants at such times
and places as it may determine. The examinations shall be of a character to
fairly test the competence and qualifications of the applicants to practice
professional counseling or clinical professional counseling.
(b) Applicants for examination shall pay, either to the Department or to
the designated testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the scheduled date at the
time and place specified after the applicant's application for examination has
been received and acknowledged by the Department or the designated testing
service shall result in forfeiture of the examination fee.
(c) If an applicant neglects, fails, or refuses to take an examination
or fails to pass an examination for a license under this Act within 3 years
after filing an application, the application will be denied. However, the
applicant may thereafter submit a new application accompanied by the required
fee. The applicant shall meet the requirements in force at the time of making
the new application.
(d) The Department may employ consultants for the purpose of preparing
and conducting examinations.
(Source: P.A. 87-1011; 87-1269.)
(Text of Section after amendment by P.A. 103-708) (Section scheduled to be repealed on January 1, 2028) Sec. 40. Examination; failure or refusal to take examination. (a) The Department shall authorize examinations of applicants at such times and places as it may determine. The examinations shall be of a character to fairly test the competence and qualifications of the applicants to practice professional counseling or clinical professional counseling. (b) Applicants for examination shall pay, either to the Department or to the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee. (c) If an applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing an application, the application will be denied. However, the applicant may thereafter submit a new application accompanied by the required fee. The applicant shall meet the requirements in force at the time of making the new application. (d) The Department may employ consultants for the purpose of preparing and conducting examinations. (e) The Department shall, upon good faith application and the submission of any required documentation and fees, approve all examination applications and notify the relevant testing authorities of the applicant's authorization to take the examination. Approval to take the examination is not approval of the application. (Source: P.A. 103-708, eff. 1-1-25.)
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(225 ILCS 107/45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 45. Qualifications for a license.
(a) Professional counselor. A person is qualified to be licensed as a
licensed professional counselor, and the Department shall issue a license
authorizing the practice of professional counseling to an applicant who:
(1) has applied in writing on the prescribed form and | ||
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(2) is at least 21 years of age and has not engaged | ||
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(3) is a graduate of a master's or doctoral level | ||
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(4) has passed an examination for the practice of | ||
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(5) has paid the fees required by this Act.
Any person who has received certification by any State or national
organization whose standards are accepted by the Department as being
substantially similar to the standards in this Act may apply for a
professional counselor license and need not be examined further.
(b) Clinical professional counselor. A person is qualified to be
licensed as a clinical professional counselor, and the Department shall
issue a license authorizing the practice of clinical professional
counseling to an applicant who:
(1) has applied in writing on the prescribed form and | ||
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(2) is at least 21 years of age;
(3) is a graduate of:
(A) a master's level program in the field of | ||
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(B) a doctoral program in the field of | ||
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(4) has passed the examination for the practice of | ||
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(5) has paid the fees required by this Act.
Any person who has received certification or licensure by any State or national
organization whose standards are accepted by the Department as being
substantially similar to the standards in this Act may apply for a clinical
professional counselor license, and need not be examined further.
(c) Examination for applicants under this Act shall be held at the
discretion of the Department from time to time but not less than once each
year. The examination used shall be authorized by the
Department.
(d) Upon application and payment of the required fee, an applicant who has
an active license as a clinical psychologist or a clinical social worker
licensed under the laws of this State may, without examination, be granted
registration as a licensed clinical professional counselor by the Department.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/50)
(Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50. Licenses; renewal; restoration; person in military service;
inactive status. (a) The expiration date and renewal period for each license issued under
this Act shall be set by rule. As a condition for renewal of a license, the licensee shall be required to complete continuing education in accordance with rules established by the Department and pay the current renewal fee.
(b) Any person who has permitted a license to expire or who has a
license on inactive status may have it restored by submitting an application to
the Department and filing proof of fitness acceptable to the Department, to have
the license restored, including, if appropriate, evidence which is satisfactory
to the Department certifying the active practice of professional counseling or
clinical professional counseling in another jurisdiction and by paying the
required fee.
(c) If the person has not maintained an active practice in another
jurisdiction which is satisfactory to the Department, the Department shall
determine, by rule, the person's fitness to resume active status and shall establish procedures and requirements for restoration.
(d) However, any person whose license expired while he or she was (i) in federal service on active duty with
the armed forces of the United States or the State Militia or (ii) in training or education under the
supervision of the United States government prior to induction into the
military service may have his or her license restored without paying any lapsed renewal
fees if, within 2 years after the honorable termination of such service, training, or
education, the Department is
furnished with satisfactory evidence that the person has been so engaged and
that such service, training, or education has been so terminated.
(e) A license to practice shall not be denied any applicant because of
the applicant's race, religion, creed, national origin, political beliefs
or activities, age, sex, sexual orientation, or physical impairment.
(f) (Blank). (g) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b), (c), and (f) are suspended for any licensed clinical professional counselor who has had no disciplinary action taken against his
or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a renewal fee. An individual may not restore his or her license in accordance with this subsection more than once. (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; 103-154, eff. 6-30-23.) (Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2028) Sec. 50. Licenses; renewal; restoration; person in military service; inactive status. (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. As a condition for renewal of a license, the licensee shall be required to complete continuing education in accordance with rules established by the Department and pay the current renewal fee. (b) Any person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness acceptable to the Department, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of professional counseling or clinical professional counseling in another jurisdiction and by paying the required fee. (c) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine, by rule, the person's fitness to resume active status and shall establish procedures and requirements for restoration. (d) However, any person whose license expired while he or she was (i) in federal service on active duty with the armed forces of the United States or the State Militia or (ii) in training or education under the supervision of the United States government prior to induction into the military service may have his or her license restored without paying any lapsed renewal fees if, within 2 years after the honorable termination of such service, training, or education, the Department is furnished with satisfactory evidence that the person has been so engaged and that such service, training, or education has been so terminated. (e) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, real or perceived immigration status, political beliefs or activities, age, sex, sexual orientation, or physical impairment. (f) (Blank). (g) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b), (c), and (f) are suspended for any licensed clinical professional counselor who has had no disciplinary action taken against his or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a renewal fee. An individual may not restore his or her license in accordance with this subsection more than once. (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; 103-154, eff. 6-30-23; 103-715, eff. 1-1-25.) |
(225 ILCS 107/55)
Sec. 55.
(Repealed).
(Source: P.A. 90-580, eff. 5-21-98. Repealed by P.A. 92-719, eff.
7-25-02; 102-878, eff. 1-1-23.)
|
(225 ILCS 107/60)
(Section scheduled to be repealed on January 1, 2028)
Sec. 60. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including, but not limited to, original licensure, registration, renewal, and restoration. The fees shall be nonrefundable.
All fees, fines, and penalties collected under this Act shall be deposited into the
General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act.
(Source: P.A. 97-706, eff. 6-25-12.)
|
(225 ILCS 107/65)
(Section scheduled to be repealed on January 1, 2028)
Sec. 65. Payments; penalty for insufficient funds. Any person who issues or delivers a
check or other order to the Department that is returned to the Department
unpaid by the financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the Department, a fine of
$50. The fines imposed
by this Section are in addition to any other discipline provided under this Act
prohibiting unlicensed practice or practice on a nonrenewed license. The
Department shall notify the person that payment of fees and fines shall be paid
to the Department by certified check or money order within 30 calendar days
after notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certification or deny
the application, without hearing. If, after termination or denial, the person
seeks a license or certificate, he or she shall apply to the Department for
restoration or issuance of the license or certificate and pay all fees and
fines due to the Department. The Department may establish a fee for the
processing of an application for restoration of a license to pay all costs and
expenses of processing of this application. The Secretary may waive the fines
due under this Section in individual cases where the Secretary finds that the
fines would be unnecessarily burdensome.
(Source: P.A. 97-706, eff. 6-25-12.)
|
(225 ILCS 107/70)
(Section scheduled to be repealed on January 1, 2028)
Sec. 70. Endorsement. The Department may issue a license as a licensed
professional counselor or licensed clinical professional counselor, without the
required examination, to (i) an applicant licensed under the laws of another
state or United States jurisdiction whose standards in the opinion of the
Department, were substantially equivalent at the date of his or her licensure
in the other jurisdiction to the requirements of this Act or (ii) any person
who, at the time of licensure, possessed individual qualifications which were
substantially equivalent to the requirements of this Act. Such an applicant
shall pay all of the required fees.
An individual applying for licensure as a clinical professional counselor who has been licensed at the independent level in another United States jurisdiction for 5 consecutive years without discipline is not required to submit proof of completion of the education, supervised employment, or experience required in subsection (b) of Section 45. Individuals with 5 consecutive years of experience must submit certified verification of licensure from the jurisdiction in which the applicant practiced and must comply with all other licensing requirements and pay all required fees. If the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be required to provide additional information. Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within 3
years, the application shall be denied, the fee forfeited, and the
applicant must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 102-1053, eff. 6-10-22.)
|
(225 ILCS 107/75)
(Section scheduled to be repealed on January 1, 2028)
Sec. 75. 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, | ||
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(2) With the written consent of the person who | ||
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(3) In the case of death or disability, with the | ||
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(4) When a communication reveals the intended | ||
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(5) When the person waives the privilege by bringing | ||
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(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.)
|
(225 ILCS 107/80) (Text of Section before amendment by P.A. 103-715)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80. Grounds for discipline. (a) The Department may refuse to issue, renew, or may revoke, suspend, place
on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to exceed $10,000 for each
violation, with regard to any license for any one or more of the following:
(1) Material misstatement in furnishing information | ||
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(2) Violations or negligent or intentional disregard | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Fraud or any misrepresentation in applying for or | ||
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(5) Professional incompetence or gross negligence in | ||
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(6) Malpractice.
(7) Aiding or assisting another person in violating | ||
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(8) Failing to provide information within 60 days in | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or abuse of drugs as | ||
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(11) Discipline by another jurisdiction, the District | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Board that the licensee, after | ||
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(14) Abandonment of a client.
(15) Willfully filing false reports relating to a | ||
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(16) Willfully failing to report an instance of | ||
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(17) Being named as a perpetrator in an indicated | ||
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(18) Physical or mental illness or disability, | ||
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(19) Solicitation of professional services by using | ||
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(20) Allowing one's license under this Act to be used | ||
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(21) A finding that licensure has been applied for or | ||
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(22) Practicing under a false or, except as provided | ||
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(23) Gross and willful overcharging for professional | ||
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(24) Rendering professional counseling or clinical | ||
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(25) Clinical supervisors failing to adequately and | ||
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All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine. (b) (Blank).
(b-5) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (b-10) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (c) The determination by a court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code will result in an automatic
suspension of his or her license. The suspension will end upon a finding by a
court that the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Secretary that the licensee
be allowed to resume professional practice.
(c-1) The Department shall not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon the professional counselor or
clinical professional counselor authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State,
regardless of whether the patient was a resident of this State
or another state. (c-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely on the professional counselor or clinical
professional counselor violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this State and is consistent with the
standards of conduct for a professional counselor or
clinical professional counselor practicing in Illinois. (c-3) The conduct specified in subsections (c-1) and (c-2)
shall not constitute grounds for suspension under Section 145. (c-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however, nothing in this Section shall be construed as
prohibiting the Department from evaluating the conduct of such
applicant and making a determination regarding the licensure,
certification, or authorization to practice a profession under
this Act. (c-5) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing. All substance-related violations shall mandate an automatic substance abuse assessment. Failure to submit to an assessment by a licensed physician who is certified as an addictionist or an advanced practice registered nurse with specialty certification in addictions may be grounds for an automatic suspension. If the Department finds an individual unable to practice or unfit for duty because of the reasons set forth in this subsection (c-5), the Department may require that individual to submit to a substance abuse evaluation or treatment by individuals or programs approved or designated by the Department, as a condition, term, or restriction for continued, restored, or renewed licensure to practice; or, in lieu of evaluation or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, restored, renewed, disciplined, or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department. A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment. In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (d) (Blank).
(e) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly. (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
(Text of Section after amendment by P.A. 103-715) (Section scheduled to be repealed on January 1, 2028) Sec. 80. Grounds for discipline. (a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $10,000 for each violation, with regard to any license for any one or more of the following: (1) Material misstatement in furnishing information | ||
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(2) Violations or negligent or intentional disregard | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Fraud or any misrepresentation in applying for or | ||
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(5) Professional incompetence or gross negligence in | ||
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(6) Malpractice. (7) Aiding or assisting another person in violating | ||
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(8) Failing to provide information within 60 days in | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Habitual or excessive use or abuse of drugs as | ||
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(11) Discipline by another jurisdiction, the District | ||
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(12) Directly or indirectly giving to or receiving | ||
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(13) A finding by the Board that the licensee, after | ||
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(14) Abandonment of a client. (15) Willfully filing false reports relating to a | ||
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(16) Willfully failing to report an instance of | ||
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(17) Being named as a perpetrator in an indicated | ||
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(18) Physical or mental illness or disability, | ||
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(19) Solicitation of professional services by using | ||
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(20) Allowing one's license under this Act to be used | ||
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(21) A finding that licensure has been applied for or | ||
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(22) Practicing under a false or, except as provided | ||
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(23) Gross and willful overcharging for professional | ||
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(24) Rendering professional counseling or clinical | ||
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(25) Clinical supervisors failing to adequately and | ||
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All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine. (b) (Blank). (b-5) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (b-10) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (c) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license. The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary that the licensee be allowed to resume professional practice. (c-1) The Department shall not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act to practice as a professional counselor or clinical professional counselor based solely upon the professional counselor or clinical professional counselor authorizing, recommending, aiding, assisting, referring for, or otherwise participating in any health care service, so long as the care was not unlawful under the laws of this State, regardless of whether the patient was a resident of this State or another state. (c-2) The Department shall not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act to practice as a professional counselor or clinical professional counselor based upon the professional counselor's or clinical professional counselor's license being revoked or suspended, or the professional counselor or clinical professional counselor being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely on the professional counselor or clinical professional counselor violating another state's laws prohibiting the provision of, authorization of, recommendation of, aiding or assisting in, referring for, or participation in any health care service if that health care service as provided would not have been unlawful under the laws of this State and is consistent with the standards of conduct for a professional counselor or clinical professional counselor practicing in Illinois. (c-3) The conduct specified in subsection (c-1), (c-2), (c-6), or (c-7) shall not constitute grounds for suspension under Section 145. (c-4) An applicant seeking licensure, certification, or authorization pursuant to this Act who has been subject to disciplinary action by a duly authorized professional disciplinary agency of another jurisdiction solely on the basis of having authorized, recommended, aided, assisted, referred for, or otherwise participated in health care shall not be denied such licensure, certification, or authorization, unless the Department determines that such action would have constituted professional misconduct in this State; however, nothing in this Section shall be construed as prohibiting the Department from evaluating the conduct of such applicant and making a determination regarding the licensure, certification, or authorization to practice a profession under this Act. (c-5) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing. All substance-related violations shall mandate an automatic substance abuse assessment. Failure to submit to an assessment by a licensed physician who is certified as an addictionist or an advanced practice registered nurse with specialty certification in addictions may be grounds for an automatic suspension. If the Department finds an individual unable to practice or unfit for duty because of the reasons set forth in this subsection (c-5), the Department may require that individual to submit to a substance abuse evaluation or treatment by individuals or programs approved or designated by the Department, as a condition, term, or restriction for continued, restored, or renewed licensure to practice; or, in lieu of evaluation or treatment, the Department may file, or the Board may recommend to the Department to file, a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. An individual whose license was granted, continued, restored, renewed, disciplined, or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Department. A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skill, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment. In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (c-6) The Department may not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act to practice as a professional counselor or clinical professional counselor based solely upon an immigration violation by the counselor. (c-7) The Department may not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under this Act to practice as a professional counselor or clinical professional counselor based upon the professional counselor's or clinical professional counselor's license being revoked or suspended, or the professional counselor or clinical professional counselor being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely upon an immigration violation by the counselor. (d) (Blank). (e) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23; 103-715, eff. 1-1-25.) |
(225 ILCS 107/83) (Section scheduled to be repealed on January 1, 2028) Sec. 83. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(225 ILCS 107/85)
(Section scheduled to be repealed on January 1, 2028)
Sec. 85. Violations; injunction; cease and desist order.
(a) If any person violates the provisions of this Act, the Secretary may,
in the name of the People of the State of Illinois, through the Attorney
General of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a verified
petition, the court with appropriate jurisdiction may issue a temporary
restraining order without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the person
has violated or is violating the injunction, the court may punish the
offender for contempt of court. Proceedings under this Section are in
addition to all other remedies and penalties provided by this Act.
(b) If any person holds himself or herself out as being a licensed
professional counselor or licensed clinical professional counselor under
this Act and is not licensed to do so, then any licensed professional
counselor, licensed clinical professional counselor, interested party, or
any person injured thereby may petition for relief as provided in
subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against that person.
The rule shall clearly set forth the grounds relied upon by the Department
and shall allow at least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the satisfaction of
the Department shall cause an order to cease and desist to be issued.
(Source: P.A. 97-706, eff. 6-25-12.)
|
(225 ILCS 107/90)
(Section scheduled to be repealed on January 1, 2028)
Sec. 90. Investigations; notice and hearing. (a) The Department may investigate
the actions of any applicant or any person holding or claiming to hold a
license. (b) The Department shall, before refusing to issue or renew a license or disciplining a licensee under Section
80 of this Act, at least 30 days prior to the date set for the hearing, (i)
notify the accused, in writing, of any charges made and the time and place for
the hearing on the charges, (ii) direct him or her to file a written answer to
the charges with the Board under oath within 20 days after the service of the notice, and (iii) inform the applicant or licensee that failure to file an
answer shall result in default being taken against the applicant or licensee. At the time and place fixed in the notice, the Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Department may continue the hearing from time to time. In case the person, after receiving the notice, fails to answer, his or her license, may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under the Act. The written notice and any notice in the subsequent proceeding may be served by mail or email to the licensee's address of record.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/93) (Section scheduled to be repealed on January 1, 2028) Sec. 93. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 97-706, eff. 6-25-12.) |
(225 ILCS 107/95)
(Section scheduled to be repealed on January 1, 2028)
Sec. 95. Record of proceedings; transcript. The Department, at its
expense, shall preserve a record of all proceedings at the formal hearing
of any case. The notice of hearing, complaint, all other documents in the
nature of pleadings, written motions filed in the proceedings, the transcript
of testimony, the report of the Board and orders of the Department shall be in
the record of such proceeding.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/100)
(Section scheduled to be repealed on January 1, 2028)
Sec. 100. Subpoenas; oaths. (a) The Department has
the power to subpoena and bring before it any person to take the oral or written
testimony or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department, with the same fees and
mileage and in the same manner as prescribed in civil cases in the courts of
this State.
(b) The Secretary, the designated hearing officer, any member of the
Board, or a certified shorthand court reporter may administer oaths at any hearing
which the Department conducts, and any other oaths
authorized in any Act administered by the Department. Notwithstanding any other statute or Department rules to the contrary, all requests for testimony, production of documents, or records shall be in accordance with this Act.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/105)
(Section scheduled to be repealed on January 1, 2028)
Sec. 105. Compelling testimony. Any circuit court, upon application of the
Department or the licensee, may enter an
order requiring the attendance of witnesses and their testimony and the
production of relevant documents, papers, files, books, and records in connection
with any hearing or investigation. The court may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/110)
(Section scheduled to be repealed on January 1, 2028)
Sec. 110. Findings and recommendations. (a) At the conclusion of the
hearing, the Board shall present to the Secretary a written report of its
findings of fact, conclusions of law, and recommendations. The report shall
contain a finding whether the licensee violated this Act or failed
to comply with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and shall make
its recommendations to the Secretary.
(b) The report of findings of fact, conclusions of law, and recommendation of
the Board shall be the basis for the Department's order for refusing to issue, restore, or renew a license, or otherwise discipline a licensee. If the Secretary disagrees with the
recommendations of the Board, the Secretary may issue an order in
contravention of the Board recommendations. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of this Act, but
the hearing and findings are not a bar to a criminal prosecution brought
for the violation of this Act.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/115)
(Section scheduled to be repealed on January 1, 2028)
Sec. 115. Motion for rehearing. In any hearing involving the refusal to issue or renew a license, or the discipline of a licensee, a copy of the
Board's report shall be served upon the applicant or licensee by the
Department, either personally or as provided in this Act for the service of the
notice of hearing. Within 20 days after such service, the applicant or
licensee may present to the Department a motion in writing for a rehearing
which shall specify the particular grounds for rehearing. If no motion for a
rehearing is filed, then upon the expiration of the time specified for filing
such a motion, or if a motion for rehearing is denied, then upon such denial,
the Secretary may enter an order in accordance with recommendations of the
Board, except as provided in Section 120 of this Act. If the applicant or
licensee requests and pays for a transcript of the record within the time
for filing a motion for rehearing, the 20-day period within which a
motion may be filed shall commence upon the delivery of the transcript to
the applicant or licensee.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/120)
(Section scheduled to be repealed on January 1, 2028)
Sec. 120. Order for rehearing. Whenever the Secretary is not satisfied that substantial
justice has been done in the revocation, suspension or refusal to issue
or renew a license or the discipline of a licensee, the Secretary may order a
rehearing by the same or other hearing officers.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/125)
Sec. 125. (Repealed).
(Source: P.A. 97-706, eff. 6-25-12. Repealed by P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/130)
(Section scheduled to be repealed on January 1, 2028)
Sec. 130. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the Department and
purporting to be signed by the Secretary, is prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Secretary is duly appointed and qualified; and (c) the Board and the members thereof are qualified | ||
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Such proof may be rebutted. (Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/135)
(Section scheduled to be repealed on January 1, 2028)
Sec. 135. Restoration of license from discipline. At any time
after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certification, or authority until such time as provided for in Article 2105 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/140)
(Section scheduled to be repealed on January 1, 2028)
Sec. 140.
Surrender of license.
Upon the revocation or suspension of
a license, the licensee shall immediately surrender his or her license to
the Department. If the licensee fails to do so, the Department has
the right to seize the license.
(Source: P.A. 87-1011.)
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(225 ILCS 107/145)
(Section scheduled to be repealed on January 1, 2028)
Sec. 145. Summary suspension of license. The Secretary may
summarily suspend the license of a professional counselor or a clinical
professional counselor without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in Section 90 of this
Act, if the Secretary finds that the evidence
indicates that the continuation of practice by the professional counselor
or clinical professional
counselor would constitute an imminent danger to
the public. In the event that the Secretary summarily suspends the license
of an individual without a hearing, a hearing must be commenced within 30 days
after the suspension has occurred and shall be concluded as expeditiously as possible.
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 150.
Administrative review; venue.
(a) All final administrative decisions of the Department are subject to
judicial review pursuant to the Administrative Review Law and its rules.
The term "administrative decision" is defined as
in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides, but if
the party is not a resident of Illinois, the venue shall be in Sangamon County.
(Source: P.A. 87-1011.)
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(225 ILCS 107/155)
(Section scheduled to be repealed on January 1, 2028)
Sec. 155. Certification of record; costs. The Department shall not
be required to certify any record to the court, to file an answer in court,
or to otherwise appear in any court in a judicial review proceeding, unless
and until the Department has received from the plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file the receipt
in court is grounds for dismissal of the action.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/160)
(Section scheduled to be repealed on January 1, 2028)
Sec. 160. Violations. (a) Unless otherwise specified, any person found
to have violated any Section of this Act other than this Section is guilty of a Class A misdemeanor for the first offense. (b) Each of the following acts is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense: (1) the making of any willfully false oath or | ||
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(2) using or attempting to use an inactive, | ||
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(3) the practice, attempt to practice, or offer to | ||
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(4) advertising or displaying any sign or card or | ||
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(5) obtaining or attempting to obtain a license by | ||
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(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/165)
(Section scheduled to be repealed on January 1, 2028)
Sec. 165. Administrative Procedure Act; application. The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated
in this Act as if all of the provisions of such Act were included in this Act, except that the provisions of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the clinical professional counselor or
professional
counselor has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed or emailed to the last known address of record of a party.
(Source: P.A. 102-878, eff. 1-1-23.)
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(225 ILCS 107/170)
(Section scheduled to be repealed on January 1, 2028)
Sec. 170.
Home rule.
The regulation and licensing of the practice of
professional counseling and clinical professional counseling are exclusive
powers and functions of the State. A home rule unit may not regulate or
license professional counselors or clinical professional counselors. This
Section is a denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87-1011.)
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