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92_SB1686ham001
LRB9215597ACcdam
1 AMENDMENT TO SENATE BILL 1686
2 AMENDMENT NO. . Amend Senate Bill 1686, on page 1,
3 immediately below line 21, by inserting the following:
4 "Section 10. The Professional Counselor and Clinical
5 Professional Counselor Licensing Act is amended by changing
6 Sections 10, 15, 20, 30, 45, 60, and 80 and adding Section 21
7 as follows:
8 (225 ILCS 107/10)
9 (Section scheduled to be repealed on December 31, 2002)
10 Sec. 10. Definitions. As used in this Act:
11 "Department" means the Department of Professional
12 Regulation.
13 "Director" means the Director of Professional Regulation.
14 "Board" means the Professional Counselor Licensing and
15 Disciplinary Board as appointed by the Director.
16 "Person" means an individual, association, partnership,
17 or corporation.
18 "Professional counseling" means the provision of services
19 to individuals, couples, groups, families, and organizations
20 in any one or more of the fields of professional counseling.
21 Professional counseling includes, but is not limited to:
22 (1) social, emotional, educational, and career
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1 testing and evaluation;
2 (2) a professional relationship between a counselor
3 and a client in which the counselor provides assistance
4 in coping with life issues that include relationships,
5 conflicts, problem solving, decision making, and
6 developmental concerns; and
7 (3) research.
8 Professional counseling may also include clinical
9 professional counseling as long as it is not conducted in
10 independent private practice as defined in this Act.
11 "Clinical professional counseling" means the provision of
12 professional counseling and mental health services, which
13 includes, but is not limited to, the application of clinical
14 counseling theory and techniques to prevent and alleviate
15 mental and emotional disorders and psychopathology and to
16 promote optimal mental health, rehabilitation, treatment,
17 testing, assessment, and evaluation. It also includes
18 clinical counseling and psychotherapy in a professional
19 relationship to assist individuals, couples, families,
20 groups, and organizations to alleviate emotional disorders,
21 to understand conscious and unconscious motivation, to
22 resolve emotional, relationship, and attitudinal conflicts,
23 and to modify behaviors that interfere with effective
24 emotional, social, adaptive, and intellectual functioning.
25 "Licensed professional counselor" and "professional
26 counselor" means a person who holds a license authorizing the
27 practice of professional counseling as defined in this Act.
28 "Licensed clinical professional counselor" and "clinical
29 professional counselor" means a person who holds a license
30 authorizing the independent practice of clinical professional
31 counseling in private practice as defined in this Act.
32 "Independent private practice of clinical professional
33 counseling" means the application of clinical professional
34 counseling knowledge and skills by a licensed clinical
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1 professional counselor who (i) regulates and is responsible
2 for her or his own practice or treatment procedures and (ii)
3 is self-employed or works in a group practice or setting not
4 qualified under Internal Revenue Service regulations as a
5 not-for-profit business.
6 "Clinical supervision" or "supervision" means review of
7 aspects of counseling and case management in a face-to-face
8 meeting with the person under supervision.
9 "Qualified supervisor" or "qualified clinical supervisor"
10 means any person who is a licensed clinical professional
11 counselor, licensed clinical social worker, licensed clinical
12 psychologist, psychiatrist as defined in Section 1-121 of the
13 Mental Health and Developmental Disabilities Code, or other
14 supervisor as defined by rule. A qualified supervisor may be
15 provided at the applicant's place of work, or may be hired by
16 the applicant to provide supervision.
17 "License" means that which is required to practice
18 professional counseling or clinical professional counseling
19 as defined in this Act.
20 (Source: P.A. 87-1011; 87-1269.)
21 (225 ILCS 107/15)
22 (Section scheduled to be repealed on December 31, 2002)
23 Sec. 15. Exemptions.
24 (a) This Act does not prohibit any persons legally
25 regulated in this State by any other Act from engaging in the
26 practice for which they are authorized as long as they do not
27 represent themselves by the title of "professional
28 counselor", "licensed professional counselor", "clinical
29 professional counselor", or "licensed clinical professional
30 counselor". This Act does not prohibit the practice of
31 nonregulated professions whose practitioners are engaged in
32 the delivery of human services as long as these practitioners
33 do not represent themselves as or use the title of
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1 "professional counselor", "licensed professional counselor",
2 "clinical professional counselor", or "licensed clinical
3 professional counselor".
4 (b) Nothing in this Act shall be construed to limit the
5 activities and services of a student, intern, or resident in
6 professional counseling or clinical professional counseling
7 seeking to fulfill educational requirements in order to
8 qualify for a license under this Act if these activities and
9 services constitute a part of the student's supervised course
10 of study, or an individual seeking to fulfill the post-degree
11 experience requirements in order to qualify for licensing
12 under this Act, as long as the activities and services are
13 not conducted in an independent practice, as defined in this
14 Act, if the activities and services are supervised as
15 specified in this Act, and that the student, intern, or
16 resident is designated by a title "intern" or "resident" or
17 other designation of trainee status. Nothing contained in
18 this Section shall be construed to permit students, interns,
19 or residents to offer their services as professional
20 counselors or clinical professional counselors to any other
21 person and to accept remuneration for such professional
22 counseling or clinical professional counseling services other
23 than as specifically excepted in this Section, unless they
24 have been licensed under this Act.
25 (c) Corporations, partnerships, and associations may
26 employ practicum students, interns, or post-degree candidates
27 seeking to fulfill educational requirements or the
28 professional experience requirements needed to qualify for a
29 license under this Act if their activities and services
30 constitute a part of the student's supervised course of study
31 or post-degree professional experience requirements. Nothing
32 in this paragraph shall prohibit a corporation, partnership,
33 or association from contracting with a licensed health care
34 professional to provide services that they are licensed to
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1 provide.
2 (d) Nothing in this Act shall prevent the employment, by
3 a professional counselor or clinical professional counselor,
4 person, association, partnership, or a corporation furnishing
5 professional counseling or clinical professional counseling
6 services for remuneration, of persons not licensed as
7 professional counselors or clinical professional counselors
8 under this Act to perform services in various capacities as
9 needed if these persons are not in any manner held out to the
10 public or do not hold themselves out to the public by any
11 title or designation stating or implying that they are
12 professional counselors or clinical professional counselors.
13 (e) Nothing in this Act shall be construed to limit the
14 services of a person, not licensed under the provisions of
15 this Act, in the employ of a federal, State, county, or
16 municipal agency or other political subdivision or
17 not-for-profit corporation providing human services if (1)
18 the services are a part of the duties in his or her salaried
19 position, (2) the services are performed solely on behalf of
20 his or her employer, and (3) that person does not in any
21 manner represent himself or herself as or use the title of
22 "professional counselor", "licensed professional counselor",
23 "clinical professional counselor", or "licensed clinical
24 professional counselor".
25 (f) Duly recognized members of any religious
26 organization shall not be restricted from functioning in
27 their ministerial capacity provided they do not represent
28 themselves as being professional counselors or clinical
29 professional counselors, or as providing "professional
30 counseling" or "clinical professional counseling". This Act
31 shall not apply or be construed so as to apply to the
32 employees or agents of a church or religious organization or
33 an organization owned, controlled, or affiliated with a
34 church or religious organization, unless the church,
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1 religious organization, or owned, controlled, or affiliated
2 organization designates or holds these employees or agents
3 out to the public as professional counselors or clinical
4 professional counselors or holds out their services as being
5 "professional counseling" or "clinical professional
6 counseling".
7 (g) Nothing in this Act shall prohibit individuals not
8 licensed under the provisions of this Act who work in
9 self-help groups or programs or not-for-profit organizations
10 from providing services in those groups, programs, or
11 organizations, as long as those persons are not in any manner
12 held out to the public as practicing professional counseling
13 or clinical professional counseling, or do not hold
14 themselves out to the public by any title or designation
15 stating or implying that they are professional counselors or
16 clinical professional counselors.
17 (h) Nothing in this Act shall be construed to limit the
18 activities and use of the official title of "professional
19 counselor" or "clinical professional counselor" on the part
20 of a person not licensed under this Act who is an academic
21 employee of a duly chartered institution of higher education
22 and who holds educational and professional qualifications
23 equivalent to those required for licensing under this Act,
24 insofar as such activities are performed in the person's role
25 as an academic employee, or insofar as such person engages in
26 public speaking with or without remuneration.
27 (i) Nothing in this Act shall be construed to require
28 licensure under this Act or limit the services of a school
29 counselor certified by the State Teacher Certification Board
30 and employed as authorized by Section 10-22-24a or any other
31 provision of the School Code as long as that person is not in
32 any manner held out to the public as a "professional
33 counselor" or "clinical professional counselor" or does not
34 hold out his or her services as being "professional
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1 counseling" or "clinical professional counseling".
2 (j) Nothing in this Act shall be construed to require
3 any hospital, clinic, home health agency, hospice, or other
4 entity that provides health care to employ or to contract
5 with a person licensed under this Act to provide professional
6 counseling or clinical professional counseling services.
7 These persons may not hold themselves out or represent
8 themselves to the public as being licensed under this Act.
9 (k) Nothing in this Act shall be construed to require
10 licensure under this Act or limit the services of a person
11 employed by a private elementary or secondary school who
12 provides counseling within the scope of his or her employment
13 as long as that person is not in any manner held out to the
14 public as a "professional counselor" or "clinical
15 professional counselor" or does not hold out his or her
16 services as being "professional counseling" or "clinical
17 professional counseling".
18 (l) Nothing in this Act shall be construed to require
19 licensure under this Act or limit the services of a rape
20 crisis counselor who is an employee or volunteer of a rape
21 crisis organization as defined in Section 8-802.1 of the Code
22 of Civil Procedure as long as that person is not in any
23 manner held out to the public as a "professional counselor"
24 or "clinical professional counselor" or does not hold out his
25 or her services as being "professional counseling" or
26 "clinical professional counseling".
27 (m) Nothing in this Act shall be construed to prevent
28 any licensed social worker, licensed clinical social worker,
29 or licensed clinical psychologist from practicing
30 professional counseling as long as that person is not in any
31 manner held out to the public as a "professional counselor"
32 or "clinical professional counselor" or does not hold out his
33 or her services as being "professional counseling" or
34 "clinical professional counseling".
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1 (n) Nothing in this Act shall be construed to limit the
2 activities and use of the official title of "professional
3 counselor" or "clinical professional counselor" on the part
4 of a person not licensed under this Act who is a physician
5 licensed to practice medicine in all of its branches under
6 the Medical Practice Act of 1987.
7 (o) Nothing in this Act shall be construed to require
8 licensure under this Act or limit the services of a domestic
9 violence counselor who is an employee or volunteer of a
10 domestic violence program as defined in Section 227 of the
11 Illinois Domestic Violence Act of 1986.
12 (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45; 88-424;
13 88-670, eff. 12-2-94.)
14 (225 ILCS 107/20)
15 (Section scheduled to be repealed on December 31, 2002)
16 Sec. 20. Restrictions and limitations.
17 (a) No person shall, without a valid license as a
18 professional counselor issued by the Department: (i) in any
19 manner hold himself or herself out to the public as a
20 professional counselor under this Act; (ii) attach the title
21 "professional counselor" or "licensed professional
22 counselor"; or (iii) offer to render or render to
23 individuals, corporations, or the public professional
24 counseling services if the words "professional counselor" or
25 "licensed professional counselor" are used to describe the
26 person offering to render or rendering them, or "professional
27 counseling" is used to describe the services rendered or
28 offered to be rendered.
29 (b) No person shall, without a valid license as a
30 clinical professional counselor issued by the Department: (i)
31 in any manner hold himself or herself out to the public as a
32 clinical professional counselor or licensed clinical
33 professional counselor under this Act; (ii) attach the title
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1 "clinical professional counselor" or "licensed clinical
2 professional counselor"; or (iii) offer to render to
3 individuals, corporations, or the public clinical
4 professional counseling services if the words "licensed
5 clinical professional counselor" are used to describe the
6 person to render or rendering them, or "clinical professional
7 counseling" is used to describe the services rendered or
8 offered to be rendered.
9 (c) Licensed professional counselors may not engage in
10 independent private practice as defined in this Act without a
11 clinical professional counseling license. In an independent
12 private practice, a licensed professional counselor must
13 practice at all times under the order, control, and full
14 professional responsibility of a licensed clinical
15 professional counselor, a licensed clinical social worker, a
16 licensed clinical psychologist, or a psychiatrist, as defined
17 in Section 1-121 of the Mental Health and Developmental
18 Disabilities Code.
19 (d) No association or partnership shall practice
20 clinical professional counseling or professional counseling
21 be granted a license unless every member, partner, and
22 employee of the association or partnership who practices
23 professional counseling or clinical professional counseling,
24 or who renders professional counseling or clinical
25 professional counseling services, holds a currently valid
26 license issued under this Act. No license shall be issued to
27 a corporation, the stated purpose of which includes or which
28 practices or which holds itself out as available to practice
29 professional counseling or clinical professional counseling
30 unless it is organized under the Professional Service
31 Corporation Act.
32 (e) Nothing in this Act shall be construed as permitting
33 persons licensed as professional counselors or clinical
34 professional counselors to engage in any manner in the
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1 practice of medicine in all its branches as defined by law in
2 this State.
3 (f) When, in the course of providing professional
4 counseling or clinical professional counseling services to
5 any person, a professional counselor or clinical professional
6 counselor licensed under this Act finds indication of a
7 disease or condition that in his or her professional judgment
8 requires professional service outside the scope of practice
9 as defined in this Act, he or she shall refer that person to
10 a physician licensed to practice medicine in all of its
11 branches or another appropriate health care practitioner.
12 (Source: P.A. 87-1011.)
13 (225 ILCS 107/21 new)
14 Sec. 21. Unlicensed practice; violation; civil penalty.
15 (a) Any person who practices, offers to practice,
16 attempts to practice, or holds himself or herself out to
17 practice as a clinical professional counselor or professional
18 counselor without being licensed or exempt under this Act
19 shall, in addition to any other penalty provided by law, pay
20 a civil penalty to the Department in an amount not to exceed
21 $5,000 for each offense, as determined by the Department. The
22 civil penalty shall be assessed by the Department after a
23 hearing is held in accordance with the provisions set forth
24 in this Act regarding the provision of a hearing for the
25 discipline of a licensee.
26 (b) The Department may investigate any actual, alleged,
27 or suspected unlicensed activity.
28 (c) The civil penalty shall be paid within 60 days after
29 the effective date of the order imposing the civil penalty.
30 The order shall constitute a final judgment and may be filed
31 and execution had thereon in the same manner as any judgment
32 from any court of record.
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1 (225 ILCS 107/30) (from Ch. 111, par. 8451-30)
2 (Section scheduled to be repealed on December 31, 2002)
3 Sec. 30. Professional Counselor Examining and
4 Disciplinary Board.
5 (a) The Director shall appoint a Board which shall serve
6 in an advisory capacity to the Director. The Board shall
7 consist of 7 persons, 2 of whom are licensed solely as
8 professional counselors, 3 of whom are licensed solely as
9 clinical professional counselors, one full-time faculty
10 member of an accredited college or university that is engaged
11 in training professional counselors or clinical professional
12 counselors who possesses the qualifications substantially
13 equivalent to the education and experience requirements for a
14 professional counselor or clinical professional counselor,
15 and one member of the public who is not a licensed health
16 care provider. In appointing members of the Board, the
17 Director shall give due consideration to the adequate
18 representation of the various fields of counseling. In
19 appointing members of the Board, the Director shall give due
20 consideration to recommendations by members of the
21 professions of professional counseling and clinical
22 professional counseling, the Statewide organizations
23 representing the interests of professional counselors and
24 clinical professional counselors, organizations representing
25 the interests of academic programs, rehabilitation counseling
26 programs, and approved counseling programs in the State of
27 Illinois. The initial appointees shall be licensed under this
28 Act within one year after appointment to the Board. Failure
29 on the part of an initial Board appointee to obtain a license
30 within one year may be cause for removal from the Board.
31 (b) Members shall be appointed for and shall serve 4
32 year terms and until their successors are appointed and
33 qualified, except that of the initial appointments 2 members
34 shall be appointed to serve for 2 years, 2 shall be appointed
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1 to serve for 3 years, and the remaining shall be appointed to
2 serve for 4 years and until their successors are appointed
3 and qualified. No member shall be reappointed to the Board
4 for a term that would cause continuous service on the Board
5 to be longer than 8 years. Any appointment to fill a vacancy
6 shall be for the unexpired portion of the term.
7 (c) The membership of the Board should reasonably
8 reflect representation from different geographic areas of
9 Illinois.
10 (d) Any member appointed to fill a vacancy shall be
11 eligible for reappointment to only one full term.
12 (e) The Director may remove any member for cause at any
13 time prior to the expiration of his or her term.
14 (f) The Board shall annually elect one of its members as
15 chairperson.
16 (g) The members of the Board shall be reimbursed for all
17 legitimate, necessary, and authorized expenses incurred in
18 attending the meetings of the Board.
19 (h) The Board may make recommendations on matters
20 relating to approving graduate counseling, rehabilitation
21 counseling, psychology, and related programs.
22 (i) The Board may make recommendations on matters
23 relating to continuing education including the number of
24 hours necessary for license renewal, waivers for those unable
25 to meet such requirements, and acceptable course content.
26 These recommendations shall not impose an undue burden on the
27 Department or an unreasonable restriction on those seeking
28 license renewal.
29 (j) The Director shall give due consideration to all
30 recommendations of the Board.
31 (k) A majority of the Board members currently appointed
32 shall constitute a quorum. A vacancy in the membership of the
33 Board shall not impair the right of a quorum to perform all
34 of the duties of the Board.
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1 (l) Members of the Board shall have no criminal, civil,
2 or professional liability in an action based upon a
3 disciplinary proceeding or other activity performed in good
4 faith as a member of the Board, except for willful or wanton
5 misconduct.
6 (Source: P.A. 87-1011; 87-1269; 88-424; 88-670, eff.
7 12-2-94.)
8 (225 ILCS 107/45)
9 (Section scheduled to be repealed on December 31, 2002)
10 Sec. 45. Qualifications for a license.
11 (a) Professional counselor. A person is qualified to be
12 licensed as a licensed professional counselor, and the
13 Department shall issue a license authorizing the practice of
14 professional counseling to an applicant who:
15 (1) has applied in writing on the prescribed form
16 and has paid the required fee;
17 (2) is at least 21 years of age and has not engaged
18 in conduct or activities which would constitute grounds
19 for discipline under this Act;
20 (3) is a graduate of:
21 (A) a master's or doctoral level program in
22 the field of counseling, rehabilitation counseling,
23 psychology, or similar degree program approved by
24 the Department; or
25 (B) an approved baccalaureate program in human
26 services or similar degree program approved by the
27 Department and can document the equivalent of 5
28 years of full-time satisfactory supervised
29 experience, as established by rule, under a
30 qualified supervisor;
31 (4) has passed an examination for the practice of
32 professional counseling as authorized by the Department;
33 and
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1 (5) has paid the fees required by this Act.
2 Any person who has received certification by any State or
3 national organization whose standards are accepted by the
4 Department as being substantially similar to the standards in
5 this Act may apply for a professional counselor license and
6 need not be examined further.
7 (b) Clinical professional counselor. A person is
8 qualified to be licensed as a clinical professional
9 counselor, and the Department shall issue a license
10 authorizing the practice of clinical professional counseling
11 to an applicant who:
12 (1) has applied in writing on the prescribed form
13 and has paid the required fee;
14 (2) is at least 21 years of age and has not engaged
15 in conduct or activities which would constitute grounds
16 for discipline under this Act;
17 (3) is a graduate of:
18 (A) a master's level program in the field of
19 counseling, rehabilitation counseling, psychology,
20 or similar degree program approved by the Department
21 and has completed the equivalent of 2 years
22 full-time satisfactory supervised employment or
23 experience working as a clinical professional
24 counselor under the direction of a qualified
25 supervisor subsequent to the degree; or
26 (B) a doctoral program in the field of
27 counseling, rehabilitation counseling, psychology,
28 or similar program approved by the Department and
29 has completed the equivalent of 2 years full-time
30 satisfactory supervised employment or experience
31 working as a clinical professional counselor under
32 the direction of a qualified supervisor, at least
33 one year of which is subsequent to the degree;
34 (4) has passed the examination for the practice of
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1 clinical professional counseling as authorized by the
2 Department; and
3 (5) has paid the fees required by this Act.
4 Any person who has received certification by any State or
5 national organization whose standards are accepted by the
6 Department as being substantially similar to the standards in
7 this Act may apply for a clinical professional counselor
8 license, and need not be examined further.
9 (c) Examination for applicants under this Act shall be
10 held at the discretion of the Department from time to time
11 but not less than once each year. The examination used shall
12 be authorized by the Department.
13 (d) Upon application and payment of the required fee, an
14 applicant who has an active license as a clinical
15 psychologist or a clinical social worker licensed under the
16 laws of this State may, without examination, be granted
17 registration as a licensed clinical professional counselor by
18 the Department.
19 (Source: P.A. 87-1011; 87-1269.)
20 (225 ILCS 107/60)
21 (Section scheduled to be repealed on December 31, 2002)
22 Sec. 60. Fees. The fees imposed under this Act shall be
23 set by rule are as follows and are not refundable.:
24 (a) The fee for application for a professional counselor
25 or clinical professional counselor license is $150.
26 (b) The fee for application for a temporary professional
27 counselor license or temporary clinical professional
28 counselor license is $150.
29 (c) Applicants for examination shall pay, either to the
30 Department or to the designated testing service, a fee
31 covering the cost of providing the examination.
32 (d) The fee for the renewal of a license is $60 per
33 year.
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1 (e) The fee for the reinstatement of a license which has
2 been expired for less than 5 years is $20, plus payment of
3 all unpaid fees for every year that has lapsed.
4 (f) The fee for the restoration of a license which has
5 been expired for more than 5 years is $300.
6 (g) The fee for the issuance of a duplicate license, the
7 issuance of a replacement for a license that has been lost or
8 destroyed, or the issuance of a license with a change of name
9 or address, other than during the renewal period, is $20. No
10 fee is required for name and address changes on Department
11 records when no duplicate license is issued.
12 (h) The fee for the certification of a license for any
13 purpose is $20.
14 (i) The fee for rescoring an examination is the cost to
15 the Department of rescoring the examination, plus any fees
16 charged by the applicable testing service to have the
17 examination rescored.
18 (j) The fee for copies of a license shall be the actual
19 cost of producing such copies.
20 (k) The fee for a roster of persons licensed as
21 professional counselors or clinical professional counselors
22 is the actual cost of producing such a roster.
23 (l) The fee for application for a license by a
24 professional counselor or clinical professional counselor
25 registered or licensed under the laws of another jurisdiction
26 is $200.
27 (m) The fee for a sponsor of continuing education shall
28 be set by rule.
29 All of the fees collected under this Act shall be
30 deposited into the General Professions Dedicated Fund.
31 (Source: P.A. 87-1011; 87-1269; 88-683, eff. 1-24-95.)
32 (225 ILCS 107/80)
33 (Section scheduled to be repealed on December 31, 2002)
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1 Sec. 80. Grounds for discipline.
2 (a) The Department may refuse to issue, renew, or may
3 revoke, suspend, place on probation, reprimand, or take other
4 disciplinary action as the Department deems appropriate,
5 including the issuance of fines not to exceed $1000 for each
6 violation, with regard to any license for any one or more of
7 the following:
8 (1) Material misstatement in furnishing information
9 to the Department or to any other State agency.
10 (2) Violations or negligent or intentional
11 disregard of this Act, or any of its rules.
12 (3) Conviction of any crime under the laws of the
13 United States or any state or territory thereof that is a
14 felony, or that is a misdemeanor, an essential element of
15 which is dishonesty, or of any crime which is directly
16 related to the practice of the profession.
17 (4) Making any misrepresentation for the purpose of
18 obtaining a license, or violating any provision of this
19 Act or its rules.
20 (5) Professional incompetence or gross negligence
21 in the rendering of professional counseling or clinical
22 professional counseling services.
23 (6) Malpractice.
24 (7) Aiding or assisting another person in violating
25 any provision of this Act or any rules.
26 (8) Failing to provide information within 60 days
27 in response to a written request made by the Department.
28 (9) Engaging in dishonorable, unethical, or
29 unprofessional conduct of a character likely to deceive,
30 defraud, or harm the public and violating the rules of
31 professional conduct adopted by the Department.
32 (10) Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants, or any other chemical
34 agent or drug which results in inability to practice with
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1 reasonable skill, judgment, or safety.
2 (11) Discipline by another jurisdiction, if at
3 least one of the grounds for the discipline is the same
4 or substantially equivalent to those set forth in this
5 Section.
6 (12) Directly or indirectly giving to or receiving
7 from any person, firm, corporation, partnership or
8 association any fee, commission, rebate or other form of
9 compensation for any professional service not actually
10 rendered.
11 (13) A finding by the Board that the licensee,
12 after having the license placed on probationary status,
13 has violated the terms of probation.
14 (14) Abandonment of a client.
15 (15) Willfully filing false reports relating to a
16 licensee's practice, including but not limited to false
17 records filed with federal or State agencies or
18 departments.
19 (16) Willfully failing to report an instance of
20 suspected child abuse or neglect as required by the
21 Abused and Neglected Child Reporting Act.
22 (17) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 pursuant to the Abused and Neglected Child Reporting Act,
25 and upon proof by clear and convincing evidence that the
26 licensee has caused a child to be an abused child or
27 neglected child as defined in the Abused and Neglected
28 Child Reporting Act.
29 (18) Physical or mental disability, including
30 deterioration through the aging process or loss of
31 abilities and skills which results in the inability to
32 practice the profession with reasonable judgment, skill,
33 or safety.
34 (19) Solicitation of professional services by using
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1 false or misleading advertising.
2 (20) Failure to file a return, or to pay the tax,
3 penalty or interest shown in a filed return, or to pay
4 any final assessment of tax, penalty or interest, as
5 required by any tax Act administered by the Illinois
6 Department of Revenue or any successor agency or the
7 Internal Revenue Service or any successor agency.
8 (21) A finding that licensure has been applied for
9 or obtained by fraudulent means.
10 (22) Practicing or attempting to practice under a
11 name other than the full name as shown on the license or
12 any other legally authorized name.
13 (23) Gross overcharging for professional services
14 including filing statements for collection of fees or
15 monies for which services are not rendered.
16 (24) Rendering professional counseling or clinical
17 professional counseling services without a license or
18 practicing outside the scope of a license.
19 (25) Clinical supervisors failing to adequately and
20 responsibly monitor supervisees.
21 (b) The Department shall deny, without hearing, any
22 application or renewal for a license under this Act to any
23 person who has defaulted on an educational loan guaranteed by
24 the Illinois State Assistance Commission; however, the
25 Department may issue a license or renewal if the person in
26 default has established a satisfactory repayment record as
27 determined by the Illinois Student Assistance Commission.
28 (c) The determination by a court that a licensee is
29 subject to involuntary admission or judicial admission as
30 provided in the Mental Health and Developmental Disabilities
31 Code will result in an automatic suspension of his or her
32 license. The suspension will end upon a finding by a court
33 that the licensee is no longer subject to involuntary
34 admission or judicial admission, the issuance of an order so
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1 finding and discharging the patient, and the recommendation
2 of the Board to the Director that the licensee be allowed to
3 resume professional practice.
4 (d) In enforcing this Section, the Board, upon a showing
5 of a possible violation, may compel a licensee or applicant
6 to submit to a mental or physical examination, or both, as
7 required by and at the expense of the Department. The
8 examining physicians or clinical psychologists shall be those
9 specifically designated by the Board. The Board or the
10 Department may order (i) the examining physician to present
11 testimony concerning the mental or physical examination of a
12 licensee or applicant or (ii) the examining clinical
13 psychologist to present testimony concerning the mental
14 examination of a licensee or applicant. No information shall
15 be excluded by reason of any common law or statutory
16 privilege relating to communications between a licensee or
17 applicant and the examining physician or clinical
18 psychologist. An individual to be examined may have, at his
19 or her own expense, another physician or clinical
20 psychologist of his or her choice present during all aspects
21 of the examination. Failure of an individual to submit to a
22 mental or physical examination, when directed, is grounds for
23 suspension of his or her license. The license must remain
24 suspended until the person submits to the examination or the
25 Board finds, after notice and hearing, that the refusal to
26 submit to the examination was with reasonable cause.
27 If the Board finds an individual unable to practice
28 because of the reasons set forth in this Section, the Board
29 must require the individual to submit to care, counseling, or
30 treatment by a physician or clinical psychologist approved by
31 the Board, as a condition, term, or restriction for
32 continued, reinstated, or renewed licensure to practice. In
33 lieu of care, counseling, or treatment, the Board may
34 recommend that the Department file a complaint to immediately
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1 suspend or revoke the license of the individual or otherwise
2 discipline the licensee.
3 Any individual whose license was granted, continued,
4 reinstated, or renewed subject to conditions, terms, or
5 restrictions, as provided for in this Section, or any
6 individual who was disciplined or placed on supervision
7 pursuant to this Section must be referred to the Director for
8 a determination as to whether the person shall have his or
9 her license suspended immediately, pending a hearing by the
10 Board.
11 (Source: P.A. 87-1011; 87-1269.)
12 (225 ILCS 107/55 rep.)
13 Section 15. The Professional Counselor and Clinical
14 Professional Counselor Licensing Act is amended by repealing
15 Section 55.".