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92_SB1686enr SB1686 Enrolled LRB9215597ACcd 1 AN ACT concerning the regulation of professions. 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 Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9 The Environmental Health Practitioner Licensing Act. 10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act.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 Act repealed on January 1, 2013. The 19 following Act is repealed on January 1, 2013: 20 The Professional Counselor and Clinical Professional 21 Counselor Licensing Act. 22 Section 10.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10, 15, 20, 30, 45, 60, and 80 and adding Section 21 25 as follows: 26 (225 ILCS 107/10) 27 (Section scheduled to be repealed on December 31, 2002) 28 Sec. 10. Definitions. As used in this Act: SB1686 Enrolled -2- LRB9215597ACcd 1 "Department" means the Department of Professional 2 Regulation. 3 "Director" means the Director of Professional Regulation. 4 "Board" means the Professional Counselor Licensing and 5 Disciplinary Board as appointed by the Director. 6 "Person" means an individual, association, partnership, 7 or corporation. 8 "Professional counseling" means the provision of services 9 to individuals, couples, groups, families, and organizations 10 in any one or more of the fields of professional counseling. 11 Professional counseling includes, but is not limited to: 12 (1) social, emotional, educational, and career 13 testing and evaluation; 14 (2) a professional relationship between a counselor 15 and a client in which the counselor provides assistance 16 in coping with life issues that include relationships, 17 conflicts, problem solving, decision making, and 18 developmental concerns; and 19 (3) research. 20 Professional counseling may also include clinical 21 professional counseling as long as it is not conducted in 22 independent private practice as defined in this Act. 23 "Clinical professional counseling" means the provision of 24 professional counseling and mental health services, which 25 includes, but is not limited to, the application of clinical 26 counseling theory and techniques to prevent and alleviate 27 mental and emotional disorders and psychopathology and to 28 promote optimal mental health, rehabilitation, treatment, 29 testing, assessment, and evaluation. It also includes 30 clinical counseling and psychotherapy in a professional 31 relationship to assist individuals, couples, families, 32 groups, and organizations to alleviate emotional disorders, 33 to understand conscious and unconscious motivation, to 34 resolve emotional, relationship, and attitudinal conflicts, SB1686 Enrolled -3- LRB9215597ACcd 1 and to modify behaviors that interfere with effective 2 emotional, social, adaptive, and intellectual functioning. 3 "Licensed professional counselor" and "professional 4 counselor" means a person who holds a license authorizing the 5 practice of professional counseling as defined in this Act. 6 "Licensed clinical professional counselor" and "clinical 7 professional counselor" means a person who holds a license 8 authorizing the independent practice of clinical professional 9 counseling in private practice as defined in this Act. 10 "Independent private practice of clinical professional 11 counseling" means the application of clinical professional 12 counseling knowledge and skills by a licensed clinical 13 professional counselor who (i) regulates and is responsible 14 for her or his own practice or treatment procedures and (ii) 15 is self-employed or works in a group practice or setting not 16 qualified under Internal Revenue Service regulations as a 17 not-for-profit business. 18 "Clinical supervision" or "supervision" means review of 19 aspects of counseling and case management in a face-to-face 20 meeting with the person under supervision. 21 "Qualified supervisor" or "qualified clinical supervisor" 22 means any person who is a licensed clinical professional 23 counselor, licensed clinical social worker, licensed clinical 24 psychologist, psychiatrist as defined in Section 1-121 of the 25 Mental Health and Developmental Disabilities Code, or other 26 supervisor as defined by rule. A qualified supervisor may be 27 provided at the applicant's place of work, or may be hired by 28 the applicant to provide supervision. 29 "License" means that which is required to practice 30 professional counseling or clinical professional counseling 31 as defined in this Act. 32 (Source: P.A. 87-1011; 87-1269.) 33 (225 ILCS 107/15) SB1686 Enrolled -4- LRB9215597ACcd 1 (Section scheduled to be repealed on December 31, 2002) 2 Sec. 15. Exemptions. 3 (a) This Act does not prohibit any persons legally 4 regulated in this State by any other Act from engaging in the 5 practice for which they are authorized as long as they do not 6 represent themselves by the title of "professional 7 counselor", "licensed professional counselor", "clinical 8 professional counselor", or "licensed clinical professional 9 counselor". This Act does not prohibit the practice of 10 nonregulated professions whose practitioners are engaged in 11 the delivery of human services as long as these practitioners 12 do not represent themselves as or use the title of 13 "professional counselor", "licensed professional counselor", 14 "clinical professional counselor", or "licensed clinical 15 professional counselor". 16 (b) Nothing in this Act shall be construed to limit the 17 activities and services of a student, intern, or resident in 18 professional counseling or clinical professional counseling 19 seeking to fulfill educational requirements in order to 20 qualify for a license under this Act if these activities and 21 services constitute a part of the student's supervised course 22 of study, or an individual seeking to fulfill the post-degree 23 experience requirements in order to qualify for licensing 24 under this Act, as long as the activities and services are 25 not conducted in an independent practice, as defined in this 26 Act, if the activities and services are supervised as 27 specified in this Act, and that the student, intern, or 28 resident is designated by a title "intern" or "resident" or 29 other designation of trainee status. Nothing contained in 30 this Section shall be construed to permit students, interns, 31 or residents to offer their services as professional 32 counselors or clinical professional counselors to any other 33 person and to accept remuneration for such professional 34 counseling or clinical professional counseling services other SB1686 Enrolled -5- LRB9215597ACcd 1 than as specifically excepted in this Section, unless they 2 have been licensed under this Act. 3 (c) Corporations, partnerships, and associations may 4 employ practicum students, interns, or post-degree candidates 5 seeking to fulfill educational requirements or the 6 professional experience requirements needed to qualify for a 7 license under this Act if their activities and services 8 constitute a part of the student's supervised course of study 9 or post-degree professional experience requirements. Nothing 10 in this paragraph shall prohibit a corporation, partnership, 11 or association from contracting with a licensed health care 12 professional to provide services that they are licensed to 13 provide. 14 (d) Nothing in this Act shall prevent the employment, by 15 a professional counselor or clinical professional counselor, 16 person, association, partnership, or a corporation furnishing 17 professional counseling or clinical professional counseling 18 services for remuneration, of persons not licensed as 19 professional counselors or clinical professional counselors 20 under this Act to perform services in various capacities as 21 needed if these persons are not in any manner held out to the 22 public or do not hold themselves out to the public by any 23 title or designation stating or implying that they are 24 professional counselors or clinical professional counselors. 25 (e) Nothing in this Act shall be construed to limit the 26 services of a person, not licensed under the provisions of 27 this Act, in the employ of a federal, State, county, or 28 municipal agency or other political subdivision or 29 not-for-profit corporation providing human services if (1) 30 the services are a part of the duties in his or her salaried 31 position, (2) the services are performed solely on behalf of 32 his or her employer, and (3) that person does not in any 33 manner represent himself or herself as or use the title of 34 "professional counselor", "licensed professional counselor", SB1686 Enrolled -6- LRB9215597ACcd 1 "clinical professional counselor", or "licensed clinical 2 professional counselor". 3 (f) Duly recognized members of any religious 4 organization shall not be restricted from functioning in 5 their ministerial capacity provided they do not represent 6 themselves as being professional counselors or clinical 7 professional counselors, or as providing "professional 8 counseling" or "clinical professional counseling". This Act 9 shall not apply or be construed so as to apply to the 10 employees or agents of a church or religious organization or 11 an organization owned, controlled, or affiliated with a 12 church or religious organization, unless the church, 13 religious organization, or owned, controlled, or affiliated 14 organization designates or holds these employees or agents 15 out to the public as professional counselors or clinical 16 professional counselors or holds out their services as being 17 "professional counseling" or "clinical professional 18 counseling". 19 (g) Nothing in this Act shall prohibit individuals not 20 licensed under the provisions of this Act who work in 21 self-help groups or programs or not-for-profit organizations 22 from providing services in those groups, programs, or 23 organizations, as long as those persons are not in any manner 24 held out to the public as practicing professional counseling 25 or clinical professional counseling, or do not hold 26 themselves out to the public by any title or designation 27 stating or implying that they are professional counselors or 28 clinical professional counselors. 29 (h) Nothing in this Act shall be construed to limit the 30 activities and use of the official title of "professional 31 counselor" or "clinical professional counselor" on the part 32 of a person not licensed under this Act who is an academic 33 employee of a duly chartered institution of higher education 34 and who holds educational and professional qualifications SB1686 Enrolled -7- LRB9215597ACcd 1 equivalent to those required for licensing under this Act, 2 insofar as such activities are performed in the person's role 3 as an academic employee, or insofar as such person engages in 4 public speaking with or without remuneration. 5 (i) Nothing in this Act shall be construed to require 6 licensure under this Act or limit the services of a school 7 counselor certified by the State Teacher Certification Board 8 and employed as authorized by Section 10-22-24a or any other 9 provision of the School Code as long as that person is not in 10 any manner held out to the public as a "professional 11 counselor" or "clinical professional counselor" or does not 12 hold out his or her services as being "professional 13 counseling" or "clinical professional counseling". 14 (j) Nothing in this Act shall be construed to require 15 any hospital, clinic, home health agency, hospice, or other 16 entity that provides health care to employ or to contract 17 with a person licensed under this Act to provide professional 18 counseling or clinical professional counseling services. 19 These persons may not hold themselves out or represent 20 themselves to the public as being licensed under this Act. 21 (k) Nothing in this Act shall be construed to require 22 licensure under this Act or limit the services of a person 23 employed by a private elementary or secondary school who 24 provides counseling within the scope of his or her employment 25 as long as that person is not in any manner held out to the 26 public as a "professional counselor" or "clinical 27 professional counselor" or does not hold out his or her 28 services as being "professional counseling" or "clinical 29 professional counseling". 30 (l) Nothing in this Act shall be construed to require 31 licensure under this Act or limit the services of a rape 32 crisis counselor who is an employee or volunteer of a rape 33 crisis organization as defined in Section 8-802.1 of the Code 34 of Civil Procedure as long as that person is not in any SB1686 Enrolled -8- LRB9215597ACcd 1 manner held out to the public as a "professional counselor" 2 or "clinical professional counselor" or does not hold out his 3 or her services as being "professional counseling" or 4 "clinical professional counseling". 5 (m) Nothing in this Act shall be construed to prevent 6 any licensed social worker, licensed clinical social worker, 7 or licensed clinical psychologist from practicing 8 professional counseling as long as that person is not in any 9 manner held out to the public as a "professional counselor" 10 or "clinical professional counselor" or does not hold out his 11 or her services as being "professional counseling" or 12 "clinical professional counseling". 13 (n) Nothing in this Act shall be construed to limit the 14 activities and use of the official title of "professional 15 counselor" or "clinical professional counselor" on the part 16 of a person not licensed under this Act who is a physician 17 licensed to practice medicine in all of its branches under 18 the Medical Practice Act of 1987. 19 (o) Nothing in this Act shall be construed to require 20 licensure under this Act or limit the services of a domestic 21 violence counselor who is an employee or volunteer of a 22 domestic violence program as defined in Section 227 of the 23 Illinois Domestic Violence Act of 1986. 24 (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45; 88-424; 25 88-670, eff. 12-2-94.) 26 (225 ILCS 107/20) 27 (Section scheduled to be repealed on December 31, 2002) 28 Sec. 20. Restrictions and limitations. 29 (a) No person shall, without a valid license as a 30 professional counselor issued by the Department: (i) in any 31 manner hold himself or herself out to the public as a 32 professional counselor under this Act; (ii) attach the title 33 "professional counselor" or "licensed professional SB1686 Enrolled -9- LRB9215597ACcd 1 counselor"; or (iii) offer to render or render to 2 individuals, corporations, or the public professional 3 counseling services if the words "professional counselor" or 4 "licensed professional counselor" are used to describe the 5 person offering to render or rendering them, or "professional 6 counseling" is used to describe the services rendered or 7 offered to be rendered. 8 (b) No person shall, without a valid license as a 9 clinical professional counselor issued by the Department: (i) 10 in any manner hold himself or herself out to the public as a 11 clinical professional counselor or licensed clinical 12 professional counselor under this Act; (ii) attach the title 13 "clinical professional counselor" or "licensed clinical 14 professional counselor"; or (iii) offer to render to 15 individuals, corporations, or the public clinical 16 professional counseling servicesif the words "licensed17clinical professional counselor" are used to describe the18person to render or rendering them, or "clinical professional19counseling" is used to describe the services rendered or20offered to be rendered. 21 (c) Licensed professional counselors may not engage in 22 independent private practice as defined in this Act without a 23 clinical professional counseling license. In an independent 24 private practice, a licensed professional counselor must 25 practice at all times under the order, control, and full 26 professional responsibility of a licensed clinical 27 professional counselor, a licensed clinical social worker, a 28 licensed clinical psychologist, or a psychiatrist, as defined 29 in Section 1-121 of the Mental Health and Developmental 30 Disabilities Code. 31 (d) No association or partnership shall practice 32 clinical professional counseling or professional counseling 33be granted a licenseunless every member, partner, and 34 employee of the association or partnership who practices SB1686 Enrolled -10- LRB9215597ACcd 1 professional counseling or clinical professional counseling, 2 or who renders professional counseling or clinical 3 professional counseling services, holds a currently valid 4 license issued under this Act. No license shall be issued to 5 a corporation, the stated purpose of which includes or which 6 practices or which holds itself out as available to practice 7 professional counseling or clinical professional counseling 8 unless it is organized under the Professional Service 9 Corporation Act. 10 (e) Nothing in this Act shall be construed as permitting 11 persons licensed as professional counselors or clinical 12 professional counselors to engage in any manner in the 13 practice of medicine in all its branches as defined by law in 14 this State. 15 (f) When, in the course of providing professional 16 counseling or clinical professional counseling services to 17 any person, a professional counselor or clinical professional 18 counselor licensed under this Act finds indication of a 19 disease or condition that in his or her professional judgment 20 requires professional service outside the scope of practice 21 as defined in this Act, he or she shall refer that person to 22 a physician licensed to practice medicine in all of its 23 branches or another appropriate health care practitioner. 24 (Source: P.A. 87-1011.) 25 (225 ILCS 107/21 new) 26 Sec. 21. Unlicensed practice; violation; civil penalty. 27 (a) Any person who practices, offers to practice, 28 attempts to practice, or holds himself or herself out to 29 practice as a clinical professional counselor or professional 30 counselor without being licensed or exempt under this Act 31 shall, in addition to any other penalty provided by law, pay 32 a civil penalty to the Department in an amount not to exceed 33 $5,000 for each offense, as determined by the Department. The SB1686 Enrolled -11- LRB9215597ACcd 1 civil penalty shall be assessed by the Department after a 2 hearing is held in accordance with the provisions set forth 3 in this Act regarding the provision of a hearing for the 4 discipline of a licensee. 5 (b) The Department may investigate any actual, alleged, 6 or suspected unlicensed activity. 7 (c) The civil penalty shall be paid within 60 days after 8 the effective date of the order imposing the civil penalty. 9 The order shall constitute a final judgment and may be filed 10 and execution had thereon in the same manner as any judgment 11 from any court of record. 12 (225 ILCS 107/30) (from Ch. 111, par. 8451-30) 13 (Section scheduled to be repealed on December 31, 2002) 14 Sec. 30. Professional Counselor Examining and 15 Disciplinary Board. 16 (a) The Director shall appoint a Board which shall serve 17 in an advisory capacity to the Director. The Board shall 18 consist of 7 persons, 2 of whom are licensed solely as 19 professional counselors, 3 of whom are licensed solely as 20 clinical professional counselors, one full-time faculty 21 member of an accredited college or university that is engaged 22 in training professional counselors or clinical professional 23 counselors who possesses the qualifications substantially 24 equivalent to the education and experience requirements for a 25 professional counselor or clinical professional counselor, 26 and one member of the public who is not a licensed health 27 care provider. In appointing members of the Board, the 28 Director shall give due consideration to the adequate 29 representation of the various fields of counseling. In 30 appointing members of the Board, the Director shall give due 31 consideration to recommendations by members of the 32 professions of professional counseling and clinical 33 professional counseling, the Statewide organizations SB1686 Enrolled -12- LRB9215597ACcd 1 representing the interests of professional counselors and 2 clinical professional counselors, organizations representing 3 the interests of academic programs, rehabilitation counseling 4 programs, and approved counseling programs in the State of 5 Illinois.The initial appointees shall be licensed under this6Act within one year after appointment to the Board. Failure7on the part of an initial Board appointee to obtain a license8within one year may be cause for removal from the Board.9 (b) Members shall be appointed for and shall serve 4 10 year terms and until their successors are appointed and 11 qualified, except that of the initial appointments 2 members 12 shall be appointed to serve for 2 years, 2 shall be appointed 13 to serve for 3 years, and the remaining shall be appointed to 14 serve for 4 years and until their successors are appointed 15 and qualified. No member shall be reappointed to the Board 16 for a term that would cause continuous service on the Board 17 to be longer than 8 years. Any appointment to fill a vacancy 18 shall be for the unexpired portion of the term. 19 (c) The membership of the Board should reasonably 20 reflect representation from different geographic areas of 21 Illinois. 22 (d) Any member appointed to fill a vacancy shall be 23 eligible for reappointment to only one full term. 24 (e) The Director may remove any member for cause at any 25 time prior to the expiration of his or her term. 26 (f) The Board shall annually elect one of its members as 27 chairperson. 28 (g) The members of the Board shall be reimbursed for all 29 legitimate, necessary, and authorized expenses incurred in 30 attending the meetings of the Board. 31 (h) The Board may make recommendations on matters 32 relating to approving graduate counseling, rehabilitation 33 counseling, psychology, and related programs. 34 (i) The Board may make recommendations on matters SB1686 Enrolled -13- LRB9215597ACcd 1 relating to continuing education including the number of 2 hours necessary for license renewal, waivers for those unable 3 to meet such requirements, and acceptable course content. 4 These recommendations shall not impose an undue burden on the 5 Department or an unreasonable restriction on those seeking 6 license renewal. 7 (j) The Director shall give due consideration to all 8 recommendations of the Board. 9 (k) A majority of the Board members currently appointed 10 shall constitute a quorum. A vacancy in the membership of the 11 Board shall not impair the right of a quorum to perform all 12 of the duties of the Board. 13 (l) Members of the Board shall have no criminal, civil, 14 or professional liability in an action based upon a 15 disciplinary proceeding or other activity performed in good 16 faith as a member of the Board, except for willful or wanton 17 misconduct. 18 (Source: P.A. 87-1011; 87-1269; 88-424; 88-670, eff. 19 12-2-94.) 20 (225 ILCS 107/45) 21 (Section scheduled to be repealed on December 31, 2002) 22 Sec. 45. Qualifications for a license. 23 (a) Professional counselor. A person is qualified to be 24 licensed as a licensed professional counselor, and the 25 Department shall issue a license authorizing the practice of 26 professional counseling to an applicant who: 27 (1) has applied in writing on the prescribed form 28 and has paid the required fee; 29 (2) is at least 21 years of age and has not engaged 30 in conduct or activities which would constitute grounds 31 for discipline under this Act; 32 (3) is a graduate of: 33 (A) a master's or doctoral level program in SB1686 Enrolled -14- LRB9215597ACcd 1 the field of counseling, rehabilitation counseling, 2 psychology, or similar degree program approved by 3 the Department; or 4 (B) an approved baccalaureate program in human 5 services or similar degree program approved by the 6 Department and can document the equivalent of 5 7 years of full-time satisfactory supervised 8 experience, as established by rule, under a 9 qualified supervisor; 10 (4) has passed an examination for the practice of 11 professional counseling as authorized by the Department; 12 and 13 (5) has paid the fees required by this Act. 14 Any person who has received certification by any State or 15 national organization whose standards are accepted by the 16 Department as being substantially similar to the standards in 17 this Act may apply for a professional counselor license and 18 need not be examined further. 19 (b) Clinical professional counselor. A person is 20 qualified to be licensed as a clinical professional 21 counselor, and the Department shall issue a license 22 authorizing the practice of clinical professional counseling 23 to an applicant who: 24 (1) has applied in writing on the prescribed form 25 and has paid the required fee; 26 (2) is at least 21 years of age and has not engaged 27 in conduct or activities which would constitute grounds 28 for discipline under this Act; 29 (3) is a graduate of: 30 (A) a master's level program in the field of 31 counseling, rehabilitation counseling, psychology, 32 or similar degree program approved by the Department 33 and has completed the equivalent of 2 years 34 full-time satisfactory supervised employment or SB1686 Enrolled -15- LRB9215597ACcd 1 experience working as a clinicalprofessional2 counselor under the direction of a qualified 3 supervisor subsequent to the degree; or 4 (B) a doctoral program in the field of 5 counseling, rehabilitation counseling, psychology, 6 or similar program approved by the Department and 7 has completed the equivalent of 2 years full-time 8 satisfactory supervised employment or experience 9 working as a clinicalprofessionalcounselor under 10 the direction of a qualified supervisor, at least 11 one year of which is subsequent to the degree; 12 (4) has passed the examination for the practice of 13 clinical professional counseling as authorized by the 14 Department; and 15 (5) has paid the fees required by this Act. 16 Any person who has received certification by any State or 17 national organization whose standards are accepted by the 18 Department as being substantially similar to the standards in 19 this Act may apply for a clinical professional counselor 20 license, and need not be examined further. 21 (c) Examination for applicants under this Act shall be 22 held at the discretion of the Department from time to time 23 but not less than once each year. The examination used shall 24 be authorized by the Department. 25 (d) Upon application and payment of the required fee, an 26 applicant who has an active license as a clinical 27 psychologist or a clinical social worker licensed under the 28 laws of this State may, without examination, be granted 29 registration as a licensed clinical professional counselor by 30 the Department. 31 (Source: P.A. 87-1011; 87-1269.) 32 (225 ILCS 107/60) 33 (Section scheduled to be repealed on December 31, 2002) SB1686 Enrolled -16- LRB9215597ACcd 1 Sec. 60. Fees. The fees imposed under this Act shall be 2 set by ruleare as followsand are not refundable.:3(a) The fee for application for a professional counselor4or clinical professional counselor license is $150.5(b) The fee for application for a temporary professional6counselor license or temporary clinical professional7counselor license is $150.8(c) Applicants for examination shall pay, either to the9Department or to the designated testing service, a fee10covering the cost of providing the examination.11(d) The fee for the renewal of a license is $60 per12year.13(e) The fee for the reinstatement of a license which has14been expired for less than 5 years is $20, plus payment of15all unpaid fees for every year that has lapsed.16(f) The fee for the restoration of a license which has17been expired for more than 5 years is $300.18(g) The fee for the issuance of a duplicate license, the19issuance of a replacement for a license that has been lost or20destroyed, or the issuance of a license with a change of name21or address, other than during the renewal period, is $20. No22fee is required for name and address changes on Department23records when no duplicate license is issued.24(h) The fee for the certification of a license for any25purpose is $20.26(i) The fee for rescoring an examination is the cost to27the Department of rescoring the examination, plus any fees28charged by the applicable testing service to have the29examination rescored.30(j) The fee for copies of a license shall be the actual31cost of producing such copies.32(k) The fee for a roster of persons licensed as33professional counselors or clinical professional counselors34is the actual cost of producing such a roster.SB1686 Enrolled -17- LRB9215597ACcd 1(l) The fee for application for a license by a2professional counselor or clinical professional counselor3registered or licensed under the laws of another jurisdiction4is $200.5(m) The fee for a sponsor of continuing education shall6be set by rule.7 All of the fees collected under this Act shall be 8 deposited into the General Professions Dedicated Fund. 9 (Source: P.A. 87-1011; 87-1269; 88-683, eff. 1-24-95.) 10 (225 ILCS 107/80) 11 (Section scheduled to be repealed on December 31, 2002) 12 Sec. 80. Grounds for discipline. 13 (a) The Department may refuse to issue, renew, or may 14 revoke, suspend, place on probation, reprimand, or take other 15 disciplinary action as the Department deems appropriate, 16 including the issuance of fines not to exceed $1000 for each 17 violation, with regard to any license for any one or more of 18 the following: 19 (1) Material misstatement in furnishing information 20 to the Department or to any other State agency. 21 (2) Violations or negligent or intentional 22 disregard of this Act, or any of its rules. 23 (3) Conviction of any crime under the laws of the 24 United States or any state or territory thereof that is a 25 felony, or that is a misdemeanor, an essential element of 26 which is dishonesty, or of any crime which is directly 27 related to the practice of the profession. 28 (4) Making any misrepresentation for the purpose of 29 obtaining a license, or violating any provision of this 30 Act or its rules. 31 (5) Professional incompetence or gross negligence 32 in the rendering of professional counseling or clinical 33 professional counseling services. SB1686 Enrolled -18- LRB9215597ACcd 1 (6) Malpractice. 2 (7) Aiding or assisting another person in violating 3 any provision of this Act or any rules. 4 (8) Failing to provide information within 60 days 5 in response to a written request made by the Department. 6 (9) Engaging in dishonorable, unethical, or 7 unprofessional conduct of a character likely to deceive, 8 defraud, or harm the public and violating the rules of 9 professional conduct adopted by the Department. 10 (10) Habitual or excessive use or addiction to 11 alcohol, narcotics, stimulants, or any other chemical 12 agent or drug which results in inability to practice with 13 reasonable skill, judgment, or safety. 14 (11) Discipline by another jurisdiction, if at 15 least one of the grounds for the discipline is the same 16 or substantially equivalent to those set forth in this 17 Section. 18 (12) Directly or indirectly giving to or receiving 19 from any person, firm, corporation, partnership or 20 association any fee, commission, rebate or other form of 21 compensation for any professional service not actually 22 rendered. 23 (13) A finding by the Board that the licensee, 24 after having the license placed on probationary status, 25 has violated the terms of probation. 26 (14) Abandonment of a client. 27 (15) Willfully filing false reports relating to a 28 licensee's practice, including but not limited to false 29 records filed with federal or State agencies or 30 departments. 31 (16) Willfully failing to report an instance of 32 suspected child abuse or neglect as required by the 33 Abused and Neglected Child Reporting Act. 34 (17) Being named as a perpetrator in an indicated SB1686 Enrolled -19- LRB9215597ACcd 1 report by the Department of Children and Family Services 2 pursuant to the Abused and Neglected Child Reporting Act, 3 and upon proof by clear and convincing evidence that the 4 licensee has caused a child to be an abused child or 5 neglected child as defined in the Abused and Neglected 6 Child Reporting Act. 7 (18) Physical or mental disability, including 8 deterioration through the aging process or loss of 9 abilities and skills which results in the inability to 10 practice the profession with reasonable judgment, skill, 11 or safety. 12 (19) Solicitation of professional services by using 13 false or misleading advertising. 14 (20) Failure to file a return, or to pay the tax, 15 penalty or interest shown in a filed return, or to pay 16 any final assessment of tax, penalty or interest, as 17 required by any tax Act administered by the Illinois 18 Department of Revenue or any successor agency or the 19 Internal Revenue Service or any successor agency. 20 (21) A finding that licensure has been applied for 21 or obtained by fraudulent means. 22 (22) Practicing or attempting to practice under a 23 name other than the full name as shown on the license or 24 any other legally authorized name. 25 (23) Gross overcharging for professional services 26 including filing statements for collection of fees or 27 monies for which services are not rendered. 28 (24) Rendering professional counseling or clinical 29 professional counseling services without a license or 30 practicing outside the scope of a license. 31 (25) Clinical supervisors failing to adequately and 32 responsibly monitor supervisees. 33 (b) The Department shall deny, without hearing, any 34 application or renewal for a license under this Act to any SB1686 Enrolled -20- LRB9215597ACcd 1 person who has defaulted on an educational loan guaranteed by 2 the Illinois State Assistance Commission; however, the 3 Department may issue a license or renewal if the person in 4 default has established a satisfactory repayment record as 5 determined by the Illinois Student Assistance Commission. 6 (c) The determination by a court that a licensee is 7 subject to involuntary admission or judicial admission as 8 provided in the Mental Health and Developmental Disabilities 9 Code will result in an automatic suspension of his or her 10 license. The suspension will end upon a finding by a court 11 that the licensee is no longer subject to involuntary 12 admission or judicial admission, the issuance of an order so 13 finding and discharging the patient, and the recommendation 14 of the Board to the Director that the licensee be allowed to 15 resume professional practice. 16 (d) In enforcing this Section, the Board, upon a showing 17 of a possible violation, may compel a licensee or applicant 18 to submit to a mental or physical examination, or both, as 19 required by and at the expense of the Department. The 20 examining physicians or clinical psychologists shall be those 21 specifically designated by the Board. The Board or the 22 Department may order (i) the examining physician to present 23 testimony concerning the mental or physical examination of a 24 licensee or applicant or (ii) the examining clinical 25 psychologist to present testimony concerning the mental 26 examination of a licensee or applicant. No information shall 27 be excluded by reason of any common law or statutory 28 privilege relating to communications between a licensee or 29 applicant and the examining physician or clinical 30 psychologist. An individual to be examined may have, at his 31 or her own expense, another physician or clinical 32 psychologist of his or her choice present during all aspects 33 of the examination. Failure of an individual to submit to a 34 mental or physical examination, when directed, is grounds for SB1686 Enrolled -21- LRB9215597ACcd 1 suspension of his or her license. The license must remain 2 suspended until the person submits to the examination or the 3 Board finds, after notice and hearing, that the refusal to 4 submit to the examination was with reasonable cause. 5 If the Board finds an individual unable to practice 6 because of the reasons set forth in this Section, the Board 7 must require the individual to submit to care, counseling, or 8 treatment by a physician or clinical psychologist approved by 9 the Board, as a condition, term, or restriction for 10 continued, reinstated, or renewed licensure to practice. In 11 lieu of care, counseling, or treatment, the Board may 12 recommend that the Department file a complaint to immediately 13 suspend or revoke the license of the individual or otherwise 14 discipline the licensee. 15 Any individual whose license was granted, continued, 16 reinstated, or renewed subject to conditions, terms, or 17 restrictions, as provided for in this Section, or any 18 individual who was disciplined or placed on supervision 19 pursuant to this Section must be referred to the Director for 20 a determination as to whether the person shall have his or 21 her license suspended immediately, pending a hearing by the 22 Board. 23 (Source: P.A. 87-1011; 87-1269.) 24 (225 ILCS 107/55 rep.) 25 Section 15. The Professional Counselor and Clinical 26 Professional Counselor Licensing Act is amended by repealing 27 Section 55. 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.