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92_HB3993eng HB3993 Engrossed LRB9215057ACcd 1 AN ACT in relation to counseling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Regulatory Sunset Act is amended by 5 changing Section 4.13 and adding Section 4.23 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9 The Environmental Health Practitioner Licensing Act. 10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act. 12 The Dietetic and Nutrition Services Practice Act. 13 The Funeral Directors and Embalmers Licensing Code. 14The Professional Counselor and Clinical Professional15Counselor Licensing Act.16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.23 new) 18 Sec. 4.23. Act repealed on January 1, 2013. The 19 following Act is repealed on January 1, 2013: 20 The Professional Counselor and Clinical Professional 21 Counselor Licensing Act. 22 Section 10. The Professional Counselor and Clinical 23 Professional Counselor Licensing Act is amended by changing 24 Sections 10, 15, 20, 30, 45, 60, and 80 and adding Section 21 25 as follows: 26 (225 ILCS 107/10) 27 (Section scheduled to be repealed on December 31, 2002) HB3993 Engrossed -2- LRB9215057ACcd 1 Sec. 10. Definitions. As used in this Act: 2 "Department" means the Department of Professional 3 Regulation. 4 "Director" means the Director of Professional Regulation. 5 "Board" means the Professional Counselor Licensing and 6 Disciplinary Board as appointed by the Director. 7 "Person" means an individual, association, partnership, 8 or corporation. 9 "Professional counseling" means the provision of services 10 to individuals, couples, groups, families, and organizations 11 in any one or more of the fields of professional counseling. 12 Professional counseling includes, but is not limited to: 13 (1) social, emotional, educational, and career 14 testing and evaluation; 15 (2) a professional relationship between a counselor 16 and a client in which the counselor provides assistance 17 in coping with life issues that include relationships, 18 conflicts, problem solving, decision making, and 19 developmental concerns; and 20 (3) research. 21 Professional counseling may also include clinical 22 professional counseling as long as it is not conducted in 23 independent private practice as defined in this Act. 24 "Clinical professional counseling" means the provision of 25 professional counseling and mental health services, which 26 includes, but is not limited to, the application of clinical 27 counseling theory and techniques to prevent and alleviate 28 mental and emotional disorders and psychopathology and to 29 promote optimal mental health, rehabilitation, treatment, 30 testing, assessment, and evaluation. It also includes 31 clinical counseling and psychotherapy in a professional 32 relationship to assist individuals, couples, families, 33 groups, and organizations to alleviate emotional disorders, 34 to understand conscious and unconscious motivation, to HB3993 Engrossed -3- LRB9215057ACcd 1 resolve emotional, relationship, and attitudinal conflicts, 2 and to modify behaviors that interfere with effective 3 emotional, social, adaptive, and intellectual functioning. 4 "Licensed professional counselor" and "professional 5 counselor" means a person who holds a license authorizing the 6 practice of professional counseling as defined in this Act. 7 "Licensed clinical professional counselor" and "clinical 8 professional counselor" means a person who holds a license 9 authorizing the independent practice of clinical professional 10 counseling in private practice as defined in this Act. 11 "Independent private practice of clinical professional 12 counseling" means the application of clinical professional 13 counseling knowledge and skills by a licensed clinical 14 professional counselor who (i) regulates and is responsible 15 for her or his own practice or treatment procedures and (ii) 16 is self-employed or works in a group practice or setting not 17 qualified under Internal Revenue Service regulations as a 18 not-for-profit business. 19 "Clinical supervision" or "supervision" means review of 20 aspects of counseling and case management in a face-to-face 21 meeting with the person under supervision. 22 "Qualified supervisor" or "qualified clinical supervisor" 23 means any person who is a licensed clinical professional 24 counselor, licensed clinical social worker, licensed clinical 25 psychologist, psychiatrist as defined in Section 1-121 of the 26 Mental Health and Developmental Disabilities Code, or other 27 supervisor as defined by rule. A qualified supervisor may be 28 provided at the applicant's place of work, or may be hired by 29 the applicant to provide supervision. 30 "License" means that which is required to practice 31 professional counseling or clinical professional counseling 32 as defined in this Act. 33 (Source: P.A. 87-1011; 87-1269.) HB3993 Engrossed -4- LRB9215057ACcd 1 (225 ILCS 107/15) 2 (Section scheduled to be repealed on December 31, 2002) 3 Sec. 15. Exemptions. 4 (a) This Act does not prohibit any persons legally 5 regulated in this State by any other Act from engaging in the 6 practice for which they are authorized as long as they do not 7 represent themselves by the title of "professional 8 counselor", "licensed professional counselor", "clinical 9 professional counselor", or "licensed clinical professional 10 counselor". This Act does not prohibit the practice of 11 nonregulated professions whose practitioners are engaged in 12 the delivery of human services as long as these practitioners 13 do not represent themselves as or use the title of 14 "professional counselor", "licensed professional counselor", 15 "clinical professional counselor", or "licensed clinical 16 professional counselor". 17 (b) Nothing in this Act shall be construed to limit the 18 activities and services of a student, intern, or resident in 19 professional counseling or clinical professional counseling 20 seeking to fulfill educational requirements in order to 21 qualify for a license under this Act if these activities and 22 services constitute a part of the student's supervised course 23 of study, or an individual seeking to fulfill the post-degree 24 experience requirements in order to qualify for licensing 25 under this Act, as long as the activities and services are 26 not conducted in an independent practice, as defined in this 27 Act, if the activities and services are supervised as 28 specified in this Act, and that the student, intern, or 29 resident is designated by a title "intern" or "resident" or 30 other designation of trainee status. Nothing contained in 31 this Section shall be construed to permit students, interns, 32 or residents to offer their services as professional 33 counselors or clinical professional counselors to any other 34 person and to accept remuneration for such professional HB3993 Engrossed -5- LRB9215057ACcd 1 counseling or clinical professional counseling services other 2 than as specifically excepted in this Section, unless they 3 have been licensed under this Act. 4 (c) Corporations, partnerships, and associations may 5 employ practicum students, interns, or post-degree candidates 6 seeking to fulfill educational requirements or the 7 professional experience requirements needed to qualify for a 8 license under this Act if their activities and services 9 constitute a part of the student's supervised course of study 10 or post-degree professional experience requirements. Nothing 11 in this paragraph shall prohibit a corporation, partnership, 12 or association from contracting with a licensed health care 13 professional to provide services that they are licensed to 14 provide. 15 (d) Nothing in this Act shall prevent the employment, by 16 a professional counselor or clinical professional counselor, 17 person, association, partnership, or a corporation furnishing 18 professional counseling or clinical professional counseling 19 services for remuneration, of persons not licensed as 20 professional counselors or clinical professional counselors 21 under this Act to perform services in various capacities as 22 needed if these persons are not in any manner held out to the 23 public or do not hold themselves out to the public by any 24 title or designation stating or implying that they are 25 professional counselors or clinical professional counselors. 26 (e) Nothing in this Act shall be construed to limit the 27 services of a person, not licensed under the provisions of 28 this Act, in the employ of a federal, State, county, or 29 municipal agency or other political subdivision or 30 not-for-profit corporation providing human services if (1) 31 the services are a part of the duties in his or her salaried 32 position, (2) the services are performed solely on behalf of 33 his or her employer, and (3) that person does not in any 34 manner represent himself or herself as or use the title of HB3993 Engrossed -6- LRB9215057ACcd 1 "professional counselor", "licensed professional counselor", 2 "clinical professional counselor", or "licensed clinical 3 professional counselor". 4 (f) Duly recognized members of any religious 5 organization shall not be restricted from functioning in 6 their ministerial capacity provided they do not represent 7 themselves as being professional counselors or clinical 8 professional counselors, or as providing "professional 9 counseling" or "clinical professional counseling". This Act 10 shall not apply or be construed so as to apply to the 11 employees or agents of a church or religious organization or 12 an organization owned, controlled, or affiliated with a 13 church or religious organization, unless the church, 14 religious organization, or owned, controlled, or affiliated 15 organization designates or holds these employees or agents 16 out to the public as professional counselors or clinical 17 professional counselors or holds out their services as being 18 "professional counseling" or "clinical professional 19 counseling". 20 (g) Nothing in this Act shall prohibit individuals not 21 licensed under the provisions of this Act who work in 22 self-help groups or programs or not-for-profit organizations 23 from providing services in those groups, programs, or 24 organizations, as long as those persons are not in any manner 25 held out to the public as practicing professional counseling 26 or clinical professional counseling, or do not hold 27 themselves out to the public by any title or designation 28 stating or implying that they are professional counselors or 29 clinical professional counselors. 30 (h) Nothing in this Act shall be construed to limit the 31 activities and use of the official title of "professional 32 counselor" or "clinical professional counselor" on the part 33 of a person not licensed under this Act who is an academic 34 employee of a duly chartered institution of higher education HB3993 Engrossed -7- LRB9215057ACcd 1 and who holds educational and professional qualifications 2 equivalent to those required for licensing under this Act, 3 insofar as such activities are performed in the person's role 4 as an academic employee, or insofar as such person engages in 5 public speaking with or without remuneration. 6 (i) Nothing in this Act shall be construed to require 7 licensure under this Act or limit the services of a school 8 counselor certified by the State Teacher Certification Board 9 and employed as authorized by Section 10-22-24a or any other 10 provision of the School Code as long as that person is not in 11 any manner held out to the public as a "professional 12 counselor" or "clinical professional counselor" or does not 13 hold out his or her services as being "professional 14 counseling" or "clinical professional counseling". 15 (j) Nothing in this Act shall be construed to require 16 any hospital, clinic, home health agency, hospice, or other 17 entity that provides health care to employ or to contract 18 with a person licensed under this Act to provide professional 19 counseling or clinical professional counseling services. 20 These persons may not hold themselves out or represent 21 themselves to the public as being licensed under this Act. 22 (k) Nothing in this Act shall be construed to require 23 licensure under this Act or limit the services of a person 24 employed by a private elementary or secondary school who 25 provides counseling within the scope of his or her employment 26 as long as that person is not in any manner held out to the 27 public as a "professional counselor" or "clinical 28 professional counselor" or does not hold out his or her 29 services as being "professional counseling" or "clinical 30 professional counseling". 31 (l) Nothing in this Act shall be construed to require 32 licensure under this Act or limit the services of a rape 33 crisis counselor who is an employee or volunteer of a rape 34 crisis organization as defined in Section 8-802.1 of the Code HB3993 Engrossed -8- LRB9215057ACcd 1 of Civil Procedure as long as that person is not in any 2 manner held out to the public as a "professional counselor" 3 or "clinical professional counselor" or does not hold out his 4 or her services as being "professional counseling" or 5 "clinical professional counseling". 6 (m) Nothing in this Act shall be construed to prevent 7 any licensed social worker, licensed clinical social worker, 8 or licensed clinical psychologist from practicing 9 professional counseling as long as that person is not in any 10 manner held out to the public as a "professional counselor" 11 or "clinical professional counselor" or does not hold out his 12 or her services as being "professional counseling" or 13 "clinical professional counseling". 14 (n) Nothing in this Act shall be construed to limit the 15 activities and use of the official title of "professional 16 counselor" or "clinical professional counselor" on the part 17 of a person not licensed under this Act who is a physician 18 licensed to practice medicine in all of its branches under 19 the Medical Practice Act of 1987. 20 (o) Nothing in this Act shall be construed to require 21 licensure under this Act or limit the services of a domestic 22 violence counselor who is an employee or volunteer of a 23 domestic violence program as defined in Section 227 of the 24 Illinois Domestic Violence Act of 1986. 25 (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45; 88-424; 26 88-670, eff. 12-2-94.) 27 (225 ILCS 107/20) 28 (Section scheduled to be repealed on December 31, 2002) 29 Sec. 20. Restrictions and limitations. 30 (a) No person shall, without a valid license as a 31 professional counselor issued by the Department: (i) in any 32 manner hold himself or herself out to the public as a 33 professional counselor under this Act; (ii) attach the title HB3993 Engrossed -9- LRB9215057ACcd 1 "professional counselor" or "licensed professional 2 counselor"; or (iii) offer to render or render to 3 individuals, corporations, or the public professional 4 counseling services if the words "professional counselor" or 5 "licensed professional counselor" are used to describe the 6 person offering to render or rendering them, or "professional 7 counseling" is used to describe the services rendered or 8 offered to be rendered. 9 (b) No person shall, without a valid license as a 10 clinical professional counselor issued by the Department: (i) 11 in any manner hold himself or herself out to the public as a 12 clinical professional counselor or licensed clinical 13 professional counselor under this Act; (ii) attach the title 14 "clinical professional counselor" or "licensed clinical 15 professional counselor"; or (iii) offer to render to 16 individuals, corporations, or the public clinical 17 professional counseling servicesif the words "licensed18clinical professional counselor" are used to describe the19person to render or rendering them, or "clinical professional20counseling" is used to describe the services rendered or21offered to be rendered. 22 (c) Licensed professional counselors may not engage in 23 independent private practice as defined in this Act without a 24 clinical professional counseling license. In an independent 25 private practice, a licensed professional counselor must 26 practice at all times under the order, control, and full 27 professional responsibility of a licensed clinical 28 professional counselor, a licensed clinical social worker, a 29 licensed clinical psychologist, or a psychiatrist, as defined 30 in Section 1-121 of the Mental Health and Developmental 31 Disabilities Code. 32 (d) No association or partnership shall practice 33 clinical professional counseling or professional counseling 34be granted a licenseunless every member, partner, and HB3993 Engrossed -10- LRB9215057ACcd 1 employee of the association or partnership who practices 2 professional counseling or clinical professional counseling, 3 or who renders professional counseling or clinical 4 professional counseling services, holds a currently valid 5 license issued under this Act. No license shall be issued to 6 a corporation, the stated purpose of which includes or which 7 practices or which holds itself out as available to practice 8 professional counseling or clinical professional counseling 9 unless it is organized under the Professional Service 10 Corporation Act. 11 (e) Nothing in this Act shall be construed as permitting 12 persons licensed as professional counselors or clinical 13 professional counselors to engage in any manner in the 14 practice of medicine in all its branches as defined by law in 15 this State. 16 (f) When, in the course of providing professional 17 counseling or clinical professional counseling services to 18 any person, a professional counselor or clinical professional 19 counselor licensed under this Act finds indication of a 20 disease or condition that in his or her professional judgment 21 requires professional service outside the scope of practice 22 as defined in this Act, he or she shall refer that person to 23 a physician licensed to practice medicine in all of its 24 branches or another appropriate health care practitioner. 25 (Source: P.A. 87-1011.) 26 (225 ILCS 107/21 new) 27 Sec. 21. Unlicensed practice; violation; civil penalty. 28 (a) Any person who practices, offers to practice, 29 attempts to practice, or holds himself or herself out to 30 practice as a clinical professional counselor or professional 31 counselor without being licensed or exempt under this Act 32 shall, in addition to any other penalty provided by law, pay 33 a civil penalty to the Department in an amount not to exceed HB3993 Engrossed -11- LRB9215057ACcd 1 $5,000 for each offense, as determined by the Department. The 2 civil penalty shall be assessed by the Department after a 3 hearing is held in accordance with the provisions set forth 4 in this Act regarding the provision of a hearing for the 5 discipline of a licensee. 6 (b) The Department may investigate any actual, alleged, 7 or suspected unlicensed activity. 8 (c) The civil penalty shall be paid within 60 days after 9 the effective date of the order imposing the civil penalty. 10 The order shall constitute a final judgment and may be filed 11 and execution had thereon in the same manner as any judgment 12 from any court of record. 13 (225 ILCS 107/30) (from Ch. 111, par. 8451-30) 14 (Section scheduled to be repealed on December 31, 2002) 15 Sec. 30. Professional Counselor Examining and 16 Disciplinary Board. 17 (a) The Director shall appoint a Board which shall serve 18 in an advisory capacity to the Director. The Board shall 19 consist of 7 persons, 2 of whom are licensed solely as 20 professional counselors, 3 of whom are licensed solely as 21 clinical professional counselors, one full-time faculty 22 member of an accredited college or university that is engaged 23 in training professional counselors or clinical professional 24 counselors who possesses the qualifications substantially 25 equivalent to the education and experience requirements for a 26 professional counselor or clinical professional counselor, 27 and one member of the public who is not a licensed health 28 care provider. In appointing members of the Board, the 29 Director shall give due consideration to the adequate 30 representation of the various fields of counseling. In 31 appointing members of the Board, the Director shall give due 32 consideration to recommendations by members of the 33 professions of professional counseling and clinical HB3993 Engrossed -12- LRB9215057ACcd 1 professional counseling, the Statewide organizations 2 representing the interests of professional counselors and 3 clinical professional counselors, organizations representing 4 the interests of academic programs, rehabilitation counseling 5 programs, and approved counseling programs in the State of 6 Illinois.The initial appointees shall be licensed under this7Act within one year after appointment to the Board. Failure8on the part of an initial Board appointee to obtain a license9within one year may be cause for removal from the Board.10 (b) Members shall be appointed for and shall serve 4 11 year terms and until their successors are appointed and 12 qualified, except that of the initial appointments 2 members 13 shall be appointed to serve for 2 years, 2 shall be appointed 14 to serve for 3 years, and the remaining shall be appointed to 15 serve for 4 years and until their successors are appointed 16 and qualified. No member shall be reappointed to the Board 17 for a term that would cause continuous service on the Board 18 to be longer than 8 years. Any appointment to fill a vacancy 19 shall be for the unexpired portion of the term. 20 (c) The membership of the Board should reasonably 21 reflect representation from different geographic areas of 22 Illinois. 23 (d) Any member appointed to fill a vacancy shall be 24 eligible for reappointment to only one full term. 25 (e) The Director may remove any member for cause at any 26 time prior to the expiration of his or her term. 27 (f) The Board shall annually elect one of its members as 28 chairperson. 29 (g) The members of the Board shall be reimbursed for all 30 legitimate, necessary, and authorized expenses incurred in 31 attending the meetings of the Board. 32 (h) The Board may make recommendations on matters 33 relating to approving graduate counseling, rehabilitation 34 counseling, psychology, and related programs. HB3993 Engrossed -13- LRB9215057ACcd 1 (i) The Board may make recommendations on matters 2 relating to continuing education including the number of 3 hours necessary for license renewal, waivers for those unable 4 to meet such requirements, and acceptable course content. 5 These recommendations shall not impose an undue burden on the 6 Department or an unreasonable restriction on those seeking 7 license renewal. 8 (j) The Director shall give due consideration to all 9 recommendations of the Board. 10 (k) A majority of the Board members currently appointed 11 shall constitute a quorum. A vacancy in the membership of the 12 Board shall not impair the right of a quorum to perform all 13 of the duties of the Board. 14 (l) Members of the Board shall have no criminal, civil, 15 or professional liability in an action based upon a 16 disciplinary proceeding or other activity performed in good 17 faith as a member of the Board, except for willful or wanton 18 misconduct. 19 (Source: P.A. 87-1011; 87-1269; 88-424; 88-670, eff. 20 12-2-94.) 21 (225 ILCS 107/45) 22 (Section scheduled to be repealed on December 31, 2002) 23 Sec. 45. Qualifications for a license. 24 (a) Professional counselor. A person is qualified to be 25 licensed as a licensed professional counselor, and the 26 Department shall issue a license authorizing the practice of 27 professional counseling to an applicant who: 28 (1) has applied in writing on the prescribed form 29 and has paid the required fee; 30 (2) is at least 21 years of age and has not engaged 31 in conduct or activities which would constitute grounds 32 for discipline under this Act; 33 (3) is a graduate of: HB3993 Engrossed -14- LRB9215057ACcd 1 (A) a master's or doctoral level program in 2 the field of counseling, rehabilitation counseling, 3 psychology, or similar degree program approved by 4 the Department; or 5 (B) an approved baccalaureate program in human 6 services or similar degree program approved by the 7 Department and can document the equivalent of 5 8 years of full-time satisfactory supervised 9 experience, as established by rule, under a 10 qualified supervisor; 11 (4) has passed an examination for the practice of 12 professional counseling as authorized by the Department; 13 and 14 (5) has paid the fees required by this Act. 15 Any person who has received certification by any State or 16 national organization whose standards are accepted by the 17 Department as being substantially similar to the standards in 18 this Act may apply for a professional counselor license and 19 need not be examined further. 20 (b) Clinical professional counselor. A person is 21 qualified to be licensed as a clinical professional 22 counselor, and the Department shall issue a license 23 authorizing the practice of clinical professional counseling 24 to an applicant who: 25 (1) has applied in writing on the prescribed form 26 and has paid the required fee; 27 (2) is at least 21 years of age and has not engaged 28 in conduct or activities which would constitute grounds 29 for discipline under this Act; 30 (3) is a graduate of: 31 (A) a master's level program in the field of 32 counseling, rehabilitation counseling, psychology, 33 or similar degree program approved by the Department 34 and has completed the equivalent of 2 years HB3993 Engrossed -15- LRB9215057ACcd 1 full-time satisfactory supervised employment or 2 experience working as a clinicalprofessional3 counselor under the direction of a qualified 4 supervisor subsequent to the degree; or 5 (B) a doctoral program in the field of 6 counseling, rehabilitation counseling, psychology, 7 or similar program approved by the Department and 8 has completed the equivalent of 2 years full-time 9 satisfactory supervised employment or experience 10 working as a clinicalprofessionalcounselor under 11 the direction of a qualified supervisor, at least 12 one year of which is subsequent to the degree; 13 (4) has passed the examination for the practice of 14 clinical professional counseling as authorized by the 15 Department; and 16 (5) has paid the fees required by this Act. 17 Any person who has received certification by any State or 18 national organization whose standards are accepted by the 19 Department as being substantially similar to the standards in 20 this Act may apply for a clinical professional counselor 21 license, and need not be examined further. 22 (c) Examination for applicants under this Act shall be 23 held at the discretion of the Department from time to time 24 but not less than once each year. The examination used shall 25 be authorized by the Department. 26 (d) Upon application and payment of the required fee, an 27 applicant who has an active license as a clinical 28 psychologist or a clinical social worker licensed under the 29 laws of this State may, without examination, be granted 30 registration as a licensed clinical professional counselor by 31 the Department. 32 (Source: P.A. 87-1011; 87-1269.) 33 (225 ILCS 107/60) HB3993 Engrossed -16- LRB9215057ACcd 1 (Section scheduled to be repealed on December 31, 2002) 2 Sec. 60. Fees. The fees imposed under this Act shall be 3 set by ruleare as followsand are not refundable.:4(a) The fee for application for a professional counselor5or clinical professional counselor license is $150.6(b) The fee for application for a temporary professional7counselor license or temporary clinical professional8counselor license is $150.9(c) Applicants for examination shall pay, either to the10Department or to the designated testing service, a fee11covering the cost of providing the examination.12(d) The fee for the renewal of a license is $60 per13year.14(e) The fee for the reinstatement of a license which has15been expired for less than 5 years is $20, plus payment of16all unpaid fees for every year that has lapsed.17(f) The fee for the restoration of a license which has18been expired for more than 5 years is $300.19(g) The fee for the issuance of a duplicate license, the20issuance of a replacement for a license that has been lost or21destroyed, or the issuance of a license with a change of name22or address, other than during the renewal period, is $20. No23fee is required for name and address changes on Department24records when no duplicate license is issued.25(h) The fee for the certification of a license for any26purpose is $20.27(i) The fee for rescoring an examination is the cost to28the Department of rescoring the examination, plus any fees29charged by the applicable testing service to have the30examination rescored.31(j) The fee for copies of a license shall be the actual32cost of producing such copies.33(k) The fee for a roster of persons licensed as34professional counselors or clinical professional counselorsHB3993 Engrossed -17- LRB9215057ACcd 1is the actual cost of producing such a roster.2(l) The fee for application for a license by a3professional counselor or clinical professional counselor4registered or licensed under the laws of another jurisdiction5is $200.6(m) The fee for a sponsor of continuing education shall7be set by rule.8 All of the fees collected under this Act shall be 9 deposited into the General Professions Dedicated Fund. 10 (Source: P.A. 87-1011; 87-1269; 88-683, eff. 1-24-95.) 11 (225 ILCS 107/80) 12 (Section scheduled to be repealed on December 31, 2002) 13 Sec. 80. Grounds for discipline. 14 (a) The Department may refuse to issue, renew, or may 15 revoke, suspend, place on probation, reprimand, or take other 16 disciplinary action as the Department deems appropriate, 17 including the issuance of fines not to exceed $1000 for each 18 violation, with regard to any license for any one or more of 19 the following: 20 (1) Material misstatement in furnishing information 21 to the Department or to any other State agency. 22 (2) Violations or negligent or intentional 23 disregard of this Act, or any of its rules. 24 (3) Conviction of any crime under the laws of the 25 United States or any state or territory thereof that is a 26 felony, or that is a misdemeanor, an essential element of 27 which is dishonesty, or of any crime which is directly 28 related to the practice of the profession. 29 (4) Making any misrepresentation for the purpose of 30 obtaining a license, or violating any provision of this 31 Act or its rules. 32 (5) Professional incompetence or gross negligence 33 in the rendering of professional counseling or clinical HB3993 Engrossed -18- LRB9215057ACcd 1 professional counseling services. 2 (6) Malpractice. 3 (7) Aiding or assisting another person in violating 4 any provision of this Act or any rules. 5 (8) Failing to provide information within 60 days 6 in response to a written request made by the Department. 7 (9) Engaging in dishonorable, unethical, or 8 unprofessional conduct of a character likely to deceive, 9 defraud, or harm the public and violating the rules of 10 professional conduct adopted by the Department. 11 (10) Habitual or excessive use or addiction to 12 alcohol, narcotics, stimulants, or any other chemical 13 agent or drug which results in inability to practice with 14 reasonable skill, judgment, or safety. 15 (11) Discipline by another jurisdiction, if at 16 least one of the grounds for the discipline is the same 17 or substantially equivalent to those set forth in this 18 Section. 19 (12) Directly or indirectly giving to or receiving 20 from any person, firm, corporation, partnership or 21 association any fee, commission, rebate or other form of 22 compensation for any professional service not actually 23 rendered. 24 (13) A finding by the Board that the licensee, 25 after having the license placed on probationary status, 26 has violated the terms of probation. 27 (14) Abandonment of a client. 28 (15) Willfully filing false reports relating to a 29 licensee's practice, including but not limited to false 30 records filed with federal or State agencies or 31 departments. 32 (16) Willfully failing to report an instance of 33 suspected child abuse or neglect as required by the 34 Abused and Neglected Child Reporting Act. HB3993 Engrossed -19- LRB9215057ACcd 1 (17) Being named as a perpetrator in an indicated 2 report by the Department of Children and Family Services 3 pursuant to the Abused and Neglected Child Reporting Act, 4 and upon proof by clear and convincing evidence that the 5 licensee has caused a child to be an abused child or 6 neglected child as defined in the Abused and Neglected 7 Child Reporting Act. 8 (18) Physical or mental disability, including 9 deterioration through the aging process or loss of 10 abilities and skills which results in the inability to 11 practice the profession with reasonable judgment, skill, 12 or safety. 13 (19) Solicitation of professional services by using 14 false or misleading advertising. 15 (20) Failure to file a return, or to pay the tax, 16 penalty or interest shown in a filed return, or to pay 17 any final assessment of tax, penalty or interest, as 18 required by any tax Act administered by the Illinois 19 Department of Revenue or any successor agency or the 20 Internal Revenue Service or any successor agency. 21 (21) A finding that licensure has been applied for 22 or obtained by fraudulent means. 23 (22) Practicing or attempting to practice under a 24 name other than the full name as shown on the license or 25 any other legally authorized name. 26 (23) Gross overcharging for professional services 27 including filing statements for collection of fees or 28 monies for which services are not rendered. 29 (24) Rendering professional counseling or clinical 30 professional counseling services without a license or 31 practicing outside the scope of a license. 32 (25) Clinical supervisors failing to adequately and 33 responsibly monitor supervisees. 34 (b) The Department shall deny, without hearing, any HB3993 Engrossed -20- LRB9215057ACcd 1 application or renewal for a license under this Act to any 2 person who has defaulted on an educational loan guaranteed by 3 the Illinois State Assistance Commission; however, the 4 Department may issue a license or renewal if the person in 5 default has established a satisfactory repayment record as 6 determined by the Illinois Student Assistance Commission. 7 (c) The determination by a court that a licensee is 8 subject to involuntary admission or judicial admission as 9 provided in the Mental Health and Developmental Disabilities 10 Code will result in an automatic suspension of his or her 11 license. The suspension will end upon a finding by a court 12 that the licensee is no longer subject to involuntary 13 admission or judicial admission, the issuance of an order so 14 finding and discharging the patient, and the recommendation 15 of the Board to the Director that the licensee be allowed to 16 resume professional practice. 17 (d) In enforcing this Section, the Board, upon a showing 18 of a possible violation, may compel a licensee or applicant 19 to submit to a mental or physical examination, or both, as 20 required by and at the expense of the Department. The 21 examining physicians or clinical psychologists shall be those 22 specifically designated by the Board. The Board or the 23 Department may order (i) the examining physician to present 24 testimony concerning the mental or physical examination of a 25 licensee or applicant or (ii) the examining clinical 26 psychologist to present testimony concerning the mental 27 examination of a licensee or applicant. No information shall 28 be excluded by reason of any common law or statutory 29 privilege relating to communications between a licensee or 30 applicant and the examining physician or clinical 31 psychologist. An individual to be examined may have, at his 32 or her own expense, another physician or clinical 33 psychologist of his or her choice present during all aspects 34 of the examination. Failure of an individual to submit to a HB3993 Engrossed -21- LRB9215057ACcd 1 mental or physical examination, when directed, is grounds for 2 suspension of his or her license. The license must remain 3 suspended until the person submits to the examination or the 4 Board finds, after notice and hearing, that the refusal to 5 submit to the examination was with reasonable cause. 6 If the Board finds an individual unable to practice 7 because of the reasons set forth in this Section, the Board 8 must require the individual to submit to care, counseling, or 9 treatment by a physician or clinical psychologist approved by 10 the Board, as a condition, term, or restriction for 11 continued, reinstated, or renewed licensure to practice. In 12 lieu of care, counseling, or treatment, the Board may 13 recommend that the Department file a complaint to immediately 14 suspend or revoke the license of the individual or otherwise 15 discipline the licensee. 16 Any individual whose license was granted, continued, 17 reinstated, or renewed subject to conditions, terms, or 18 restrictions, as provided for in this Section, or any 19 individual who was disciplined or placed on supervision 20 pursuant to this Section must be referred to the Director for 21 a determination as to whether the person shall have his or 22 her license suspended immediately, pending a hearing by the 23 Board. 24 (Source: P.A. 87-1011; 87-1269.) 25 (225 ILCS 107/55 rep.) 26 Section 15. The Professional Counselor and Clinical 27 Professional Counselor Licensing Act is amended by repealing 28 Section 55. 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.