There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 107/ Professional Counselor and Clinical Professional Counselor Licensing Act.
(225 ILCS 107/1)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1.
Short title.
This Act may be cited as the Professional Counselor
and
Clinical Professional Counselor Licensing Act.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/5)
(Section scheduled to be repealed on January 1, 2013)
Sec. 5.
Declaration of public policy.
The practice of professional
counseling and clinical professional counseling is hereby declared to
affect the public health, safety and welfare, and to be subject to
regulation in the public interest. The purpose of the Act is to protect and
benefit the public by setting standards of qualifications, education,
training, and experience for those who seek to
obtain a license and hold the title of professional counselor, to
promote high standards of professional performance for those licensed to
practice professional counseling and clinical professional counseling in
the State of Illinois, and to protect the public from unprofessional
conduct by persons licensed to practice professional counseling and
clinical professional counseling.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10.
Definitions.
As used in this Act:
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Board" means the Professional Counselor Licensing and Disciplinary
Board as appointed by the Director.
"Person" means an individual, association, partnership, or
corporation.
"Professional counseling" means the provision of services to
individuals, couples, groups, families, and organizations in any one or
more of the fields of professional counseling. Professional counseling
includes, but is not limited to:
(1) social, emotional, educational, and career | ||
|
||
(2) a professional relationship between a counselor | ||
|
||
(3) research.
Professional counseling may also include clinical professional
counseling as long as it is not conducted in independent private practice
as defined in this Act.
"Clinical professional counseling" means the provision of
professional counseling and mental health services, which includes, but is
not limited to, the application of clinical counseling theory and
techniques to prevent and alleviate mental and emotional disorders and
psychopathology and to promote optimal mental health, rehabilitation,
treatment, testing, assessment, and evaluation. It also includes
clinical counseling and psychotherapy in a professional relationship to
assist individuals, couples, families, groups, and organizations to
alleviate emotional disorders, to understand conscious and unconscious
motivation, to resolve emotional, relationship, and attitudinal conflicts,
and to modify behaviors that interfere with effective emotional, social,
adaptive, and intellectual functioning.
"Licensed professional counselor" and "professional counselor" means
a person who holds a license authorizing the practice of professional
counseling as defined in this Act.
"Licensed clinical professional counselor" and "clinical
professional counselor" means a person who holds
a license authorizing the independent practice of clinical professional
counseling in private practice as defined in this Act.
"Independent private practice of clinical professional counseling" means the
application of clinical professional counseling knowledge and skills by a
licensed clinical professional counselor who (i) regulates and is responsible
for her or his own practice or treatment procedures and (ii) is self‑employed
or works in a group practice or setting not qualified under Internal Revenue
Service regulations as a not‑for‑profit business.
"Clinical supervision" or "supervision" means review of aspects of
counseling and case
management in a face‑to‑face meeting with the person under supervision.
"Qualified supervisor" or "qualified clinical supervisor" means any
person who is a licensed clinical
professional counselor, licensed clinical social worker, licensed clinical
psychologist, psychiatrist as defined in Section 1‑121 of the Mental Health and
Developmental Disabilities Code, or other supervisor as defined by
rule. A qualified supervisor may be provided at the applicant's place of work,
or may be hired by the applicant to provide supervision.
"License" means that which is required to practice professional
counseling or clinical professional counseling as defined in this Act.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/15)
(Section scheduled to be repealed on January 1, 2013)
Sec. 15.
Exemptions.
(a) This Act does not prohibit any persons legally regulated in this
State by any other Act from engaging in the practice for which they are
authorized as long as they do not represent themselves by the title of
"professional counselor", "licensed professional counselor", "clinical
professional counselor", or "licensed clinical professional counselor".
This Act does not prohibit the practice of nonregulated professions whose
practitioners are engaged in the delivery of human services as long as
these practitioners do not represent themselves as or use the title of
"professional counselor", "licensed professional counselor", "clinical
professional counselor", or "licensed clinical professional counselor".
(b) Nothing in this Act shall be construed to limit the activities and
services of a student, intern, or resident in professional counseling or
clinical professional counseling seeking to fulfill educational requirements in
order to qualify for a license under this Act
if these activities and services constitute a part of the student's
supervised course of study, or an individual seeking to
fulfill the post‑degree experience requirements in order to qualify for
licensing under this Act,
as long as the activities and services are not conducted in an independent
practice, as defined in this
Act,
if the activities and services are supervised as
specified in this Act, and that the student, intern, or resident
is designated by a title "intern" or "resident" or other designation of
trainee status. Nothing contained in this Section shall be construed
to permit students, interns, or residents to offer their services as
professional counselors or clinical professional counselors to any other
person and to accept remuneration for such professional counseling or
clinical professional counseling services other than as specifically
excepted in this Section, unless they have been licensed under this Act.
(c) Corporations, partnerships, and associations may employ practicum
students, interns, or post‑degree candidates seeking to fulfill educational
requirements or the professional experience requirements needed to qualify
for a license under this Act if their activities and services
constitute a part of the student's supervised course of study or
post‑degree professional experience requirements. Nothing in this paragraph
shall prohibit a corporation, partnership, or association from contracting
with a licensed health care professional to provide services that they are
licensed to provide.
(d) Nothing in this Act shall prevent the employment, by a professional
counselor or clinical professional counselor, person, association,
partnership, or a corporation furnishing professional counseling or
clinical professional counseling services for remuneration, of persons not
licensed as professional counselors or clinical professional counselors
under this Act to perform services in various capacities as needed if these
persons are not in any manner held out to the public or do not hold themselves
out to the public by any title or designation stating or implying that they are
professional counselors or clinical professional counselors.
(e) Nothing in this Act shall be construed to limit the services of a
person, not licensed under the provisions of this Act, in the employ of a
federal, State, county, or municipal agency or other political subdivision or
not‑for‑profit corporation providing human services if (1) the services are a
part of the duties in his or her salaried position, (2) the services are
performed solely on behalf of his or her employer, and (3) that person does not
in any manner represent himself or herself as or use the title of "professional
counselor", "licensed professional counselor", "clinical professional
counselor", or "licensed clinical professional counselor".
(f) Duly recognized members of any religious organization shall not be
restricted from functioning in their ministerial capacity provided they do
not represent themselves as being professional counselors or clinical
professional counselors, or as providing "professional counseling" or
"clinical professional counseling". This Act shall not apply or be
construed so as to apply to the employees or agents of a church or
religious organization or an organization owned, controlled, or affiliated
with a church or religious organization, unless the church, religious
organization, or owned, controlled, or affiliated organization designates or
holds these employees or agents out to the public as professional
counselors or clinical professional counselors or holds out their services
as being "professional counseling" or "clinical professional counseling".
(g) Nothing in this Act shall prohibit individuals not licensed under
the provisions of this Act who work in self‑help groups or programs or
not‑for‑profit organizations from providing services in those groups,
programs, or organizations, as long as those persons are not in any
manner held out to the public as practicing professional counseling or
clinical professional counseling, or do not hold themselves out to the
public by any title or designation stating or implying that
they are professional counselors or clinical professional counselors.
(h) Nothing in this Act shall be construed to limit the activities and
use of the official title of "professional counselor" or "clinical
professional counselor" on the part of a person
not licensed under this Act who is an academic employee of a duly chartered
institution of higher education and who holds educational and professional
qualifications equivalent to those required for licensing under this Act,
insofar as such activities are performed in the person's role as an
academic employee, or insofar as such person engages in public speaking
with or without remuneration.
(i) Nothing in this Act shall be construed to require licensure under
this Act or limit the services of a school counselor certified by the State
Teacher Certification Board and employed as authorized by Section
10‑22‑24a or any other provision of the School Code as long as that person is
not in any manner held out to the public as a "professional counselor" or
"clinical professional counselor" or does not hold out his or her services as
being "professional counseling" or "clinical professional counseling".
(j) Nothing in this Act shall be construed to require any hospital,
clinic, home health agency, hospice, or other entity that provides health
care to employ or to contract with a person licensed under this Act to provide
professional counseling or clinical professional counseling services. These
persons may not hold themselves out or represent themselves to the public as
being licensed under this Act.
(k) Nothing in this Act shall be construed to require licensure under
this Act or limit the services of a person employed by a private elementary
or secondary school who provides counseling within the scope of his or her
employment as long as that person is not in any manner held out to the public
as a "professional counselor" or "clinical professional counselor" or does not
hold out his or her services as being "professional counseling" or "clinical
professional counseling".
(l) Nothing in this Act shall be construed to require licensure under
this Act or limit the services of a rape crisis counselor who is an
employee or volunteer of a rape crisis organization as defined in Section
8‑802.1 of the Code of Civil Procedure as long as that person is not in any
manner held out to the public as a "professional counselor" or "clinical
professional counselor" or does not hold out his or her services as being
"professional counseling" or "clinical professional counseling".
(m) Nothing in this Act shall be construed to prevent any licensed social
worker, licensed clinical social worker, or licensed clinical psychologist from
practicing professional counseling as long as that person is not in any manner
held out to the public as a "professional counselor" or "clinical professional
counselor" or does not hold out his or her services as being "professional
counseling" or "clinical professional counseling".
(n) Nothing in this Act shall be construed to limit the activities and use
of the official title of "professional counselor" or "clinical professional
counselor" on the part of a person not licensed under this Act who is a
physician licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
(o) Nothing in this Act shall be construed to require licensure under this
Act or limit the services of a domestic violence counselor who is an employee
or volunteer of a domestic violence program as defined in Section 227 of the
Illinois Domestic Violence Act of 1986.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/20)
(Section scheduled to be repealed on January 1, 2013)
Sec. 20. Restrictions and limitations.
(a) No person shall, without a valid license as a professional
counselor issued by the Department: (i) in any manner hold himself or
herself out to the public as a professional counselor
under this Act; (ii) attach the title "professional counselor" or "licensed
professional
counselor"; or (iii) offer to render or render to individuals,
corporations, or the public professional counseling services.
(b) No person shall, without a valid license as a clinical professional
counselor issued by the Department: (i) in any manner hold himself or
herself out to the public as a clinical professional counselor or licensed
clinical professional counselor
under this Act; (ii) attach the title "clinical professional counselor" or
"licensed clinical professional
counselor"; or (iii) offer to render to individuals, corporations, or the
public clinical professional counseling services.
(c) Licensed professional counselors may not engage in independent
private practice as defined in this Act without
a clinical professional counseling license.
In an independent private practice, a licensed professional counselor must
practice at all
times under the order, control, and full professional responsibility of a
licensed clinical professional counselor, a licensed clinical social
worker, a licensed clinical psychologist, or a psychiatrist, as defined in
Section 1‑121 of the Mental Health and Developmental Disabilities Code.
(d) No association or partnership shall
practice clinical professional counseling or professional counseling unless
every member, partner, and employee of the association or partnership who
practices professional counseling or clinical professional counseling,
or who renders professional counseling or clinical
professional counseling services, holds a currently
valid license issued under this Act. No license shall be issued to a
corporation, the stated purpose of which includes or which practices or
which holds itself out as available to practice professional counseling or
clinical professional counseling unless it is organized under the
Professional Service Corporation Act.
(e) Nothing in this Act shall be construed as permitting persons
licensed as professional counselors or clinical professional counselors to
engage in any manner in the practice of medicine in all its branches as defined
by law in this State.
(f) When, in the course of providing professional counseling or clinical
professional counseling services to any person, a professional counselor or
clinical professional counselor licensed under this Act finds indication of
a disease or condition that in his or her professional judgment requires
professional service outside the scope of practice as defined in this Act,
he or she shall refer that person to a physician licensed to practice
medicine in all of its branches or another appropriate health care
practitioner.
(Source: P.A. 94‑765, eff. 1‑1‑07.)
(225 ILCS 107/21)
(Section scheduled to be repealed on January 1, 2013)
Sec. 21.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds
himself or herself out to practice as a clinical professional counselor or
professional
counselor without being licensed or exempt under this Act shall, in addition to
any other
penalty provided by law, pay a civil penalty to the Department in an amount not
to
exceed $5,000 for each offense, as determined by the Department. The civil
penalty
shall be assessed by the Department after a hearing is held in accordance with
the
provisions set forth in this Act regarding the provision of a hearing for the
discipline of a
licensee.
(b) The Department may investigate any actual, alleged, or suspected
unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the
order imposing the civil penalty. The order shall constitute a final judgment
and may be
filed and execution had thereon in the same manner as any judgment from any
court of
record.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/25)
(Section scheduled to be repealed on January 1, 2013)
Sec. 25.
Powers and duties of the Department.
Subject to the
provisions of this Act, the Department may:
(a) Authorize examinations to ascertain the qualifications and fitness
of applicants for licensing as professional counselors or clinical
professional counselors and pass upon the qualifications of applicants for
licensure by endorsement.
(b) Conduct hearings on proceedings to refuse to issue or renew or to
revoke licenses or suspend, place on probation, censure, or reprimand
persons licensed under this Act, and to refuse to issue or renew or to
revoke licenses, or suspend, place on probation, censure, or reprimand
persons licensed under this Act.
(c) Formulate rules and regulations required for the administration of this
Act.
(d) Maintain rosters of the names and addresses of all licensees, and
all persons whose licenses have been suspended, revoked, or denied renewal
for cause within the previous calendar year. These rosters shall be
available upon written request and payment of the required fee.
(e) Establish rules for determining approved
undergraduate human services programs and graduate professional counseling,
clinical professional counseling, psychology, rehabilitation counseling and
similar programs and
prepare and maintain a
list of colleges and universities offering such programs whose graduates,
if they otherwise meet the requirements of this Act, are eligible to apply for a license.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/30) (from Ch. 111, par. 8451‑30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 30.
Professional Counselor Examining and Disciplinary Board.
(a) The Director shall appoint a Board which shall serve in an advisory
capacity to the Director. The Board shall consist of 7 persons, 2 of whom
are licensed solely as professional counselors, 3 of whom are licensed
solely as clinical professional counselors, one full‑time faculty member of an
accredited college or university that is engaged in training professional
counselors or clinical professional counselors who possesses the qualifications
substantially equivalent to the education and experience requirements for a
professional counselor or clinical professional counselor, and one member of
the public who is not a licensed health care provider. In appointing members of
the Board, the Director shall give due consideration to the adequate
representation of the various fields of counseling. In appointing members of
the Board, the Director shall give due consideration to recommendations by
members of the professions of professional counseling and clinical professional
counseling, the Statewide organizations representing the interests of
professional counselors and clinical professional counselors, organizations
representing the interests of academic programs, rehabilitation counseling
programs, and approved counseling programs in the State of Illinois.
(b) Members shall be appointed for and shall serve 4 year terms and
until their successors are appointed and qualified, except that of the
initial appointments 2 members shall be appointed to serve for 2 years, 2
shall be appointed to serve for 3 years, and the remaining shall be
appointed to serve for 4 years and until their successors are appointed and
qualified. No member shall be reappointed to the Board for a term that would
cause continuous service on the Board to be longer than 8 years. Any
appointment to fill a vacancy shall be for the unexpired portion of the term.
(c) The membership of the Board should reasonably reflect representation
from different geographic areas of Illinois.
(d) Any member appointed to fill a vacancy shall be eligible for
reappointment to only one full term.
(e) The Director may remove any member for cause at any time prior to
the expiration of his or her term.
(f) The Board shall annually elect one of its members as chairperson.
(g) The members of the Board shall be reimbursed for all legitimate,
necessary, and authorized expenses incurred in attending the meetings of
the Board.
(h) The Board may make recommendations on matters relating to
approving graduate counseling, rehabilitation counseling, psychology, and
related programs.
(i) The Board may make recommendations on matters relating to continuing
education including the number of hours necessary for license renewal, waivers
for those unable to meet such requirements, and acceptable course content.
These recommendations shall not impose an undue burden on the Department or an
unreasonable restriction on those seeking license renewal.
(j) The Director shall give due consideration to all recommendations of
the Board.
(k) A majority of the Board members currently appointed shall constitute a
quorum. A vacancy in the membership of the Board shall not impair the right of
a
quorum to perform all of the duties of the Board.
(l) Members of the Board shall have no criminal, civil, or professional
liability in
an action based upon a disciplinary proceeding or other activity performed in
good faith
as a member of the Board, except for willful or wanton misconduct.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/35)
(Section scheduled to be repealed on January 1, 2013)
Sec. 35.
Application for original license.
Applications for original
licenses shall be made to the Department on forms prescribed by the
Department and accompanied by the required fee which is not
refundable. All applications shall contain such information that, in the
judgment of the Department, will enable the Department to pass on the
qualifications of the applicant for a license to practice as a licensed
professional counselor or licensed clinical professional counselor.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/37)
(Section scheduled to be repealed on January 1, 2013)
Sec. 37.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
|
(225 ILCS 107/40)
(Section scheduled to be repealed on January 1, 2013)
Sec. 40.
Examination; failure or refusal to take examination.
(a) The Department shall authorize examinations of applicants at such times
and places as it may determine. The examinations shall be of a character to
fairly test the competence and qualifications of the applicants to practice
professional counseling or clinical professional counseling.
(b) Applicants for examination shall pay, either to the Department or to
the designated testing service, a fee covering the cost of providing the
examination. Failure to appear for the examination on the scheduled date at the
time and place specified after the applicant's application for examination has
been received and acknowledged by the Department or the designated testing
service shall result in forfeiture of the examination fee.
(c) If an applicant neglects, fails, or refuses to take an examination
or fails to pass an examination for a license under this Act within 3 years
after filing an application, the application will be denied. However, the
applicant may thereafter submit a new application accompanied by the required
fee. The applicant shall meet the requirements in force at the time of making
the new application.
(d) The Department may employ consultants for the purpose of preparing
and conducting examinations.
(Source: P.A. 87‑1011; 87‑1269.)
|
(225 ILCS 107/45)
(Section scheduled to be repealed on January 1, 2013)
Sec. 45.
Qualifications for a license.
(a) Professional counselor. A person is qualified to be licensed as a
licensed professional counselor, and the Department shall issue a license
authorizing the practice of professional counseling to an applicant who:
(1) has applied in writing on the prescribed form | ||
|
||
(2) is at least 21 years of age and has not engaged | ||
|
||
(3) is a graduate of:
(A) a master's or doctoral level program in the | ||
|
||
(B) an approved baccalaureate program in human | ||
|
||
(4) has passed an examination for the practice of | ||
|
||
(5) has paid the fees required by this Act.
Any person who has received certification by any State or national
organization whose standards are accepted by the Department as being
substantially similar to the standards in this Act may apply for a
professional counselor license and need not be examined further.
(b) Clinical professional counselor. A person is qualified to be
licensed as a clinical professional counselor, and the Department shall
issue a license authorizing the practice of clinical professional
counseling to an applicant who:
(1) has applied in writing on the prescribed form | ||
|
||
(2) is at least 21 years of age and has not engaged | ||
|
||
(3) is a graduate of:
(A) a master's level program in the field of | ||
|
||
(B) a doctoral program in the field of | ||
|
||
(4) has passed the examination for the practice of | ||
|
||
(5) has paid the fees required by this Act.
Any person who has received certification by any State or national
organization whose standards are accepted by the Department as being
substantially similar to the standards in this Act may apply for a clinical
professional counselor license, and need not be examined further.
(c) Examination for applicants under this Act shall be held at the
discretion of the Department from time to time but not less than once each
year. The examination used shall be authorized by the
Department.
(d) Upon application and payment of the required fee, an applicant who has
an active license as a clinical psychologist or a clinical social worker
licensed under the laws of this State may, without examination, be granted
registration as a licensed clinical professional counselor by the Department.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/50)
(Section scheduled to be repealed on January 1, 2013)
Sec. 50.
Licenses; renewal; restoration; person in military service;
inactive status.
(a) The expiration date and renewal period for each license issued under
this Act shall be set by rule. The licensee may renew a license during the 30
day period preceding its expiration date by paying the required fee and
demonstrating compliance with any continuing education requirements.
(b) Any person who has permitted a license to expire or who has a
license on inactive status may have it restored by submitting an application to
the Department and filing proof of fitness, as defined by rule, to have
the license restored, including, if appropriate, evidence which is satisfactory
to the Department certifying the active practice of professional counseling or
clinical professional counseling in another jurisdiction and by paying the
required fee.
(c) If the person has not maintained an active practice in another
jurisdiction which is satisfactory to the Department, the Department shall
determine the person's fitness to resume active status. The Department may also
require the person to complete a specific period of evaluated professional
counseling or clinical professional counseling work experience and may require
successful completion of an examination.
(d) However, any person whose license expired while on active duty with
the armed forces of the United States, while called into service or
training with the State Militia or in training or education under the
supervision of the United States government prior to induction into the
military service may have his license restored without paying any renewal
fees if, within 2 years after the termination of such service, training, or
education, except under conditions other than honorable, the Department is
furnished with satisfactory evidence that the person has been so engaged and
that such service, training, or education has been so terminated.
(e) A license to practice shall not be denied any applicant because of
the applicant's race, religion, creed, national origin, political beliefs
or activities, age, sex, sexual orientation, or physical impairment.
(Source: P.A. 87‑1011; 87‑1269.)
|
(225 ILCS 107/55)
Sec. 55.
(Repealed).
(Source: P.A. 90‑580, eff. 5‑21‑98. Repealed by P.A. 92‑719, eff.
7‑25‑02.)
|
(225 ILCS 107/60)
(Section scheduled to be repealed on January 1, 2013)
Sec. 60.
Fees.
The fees imposed under this Act shall be set by rule and are
not
refundable.
All of the fees collected under this Act shall be deposited into the
General Professions Dedicated Fund.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/65)
(Section scheduled to be repealed on January 1, 2013)
Sec. 65.
Checks or orders dishonored.
Any person who issues or delivers a
check or other order to the Department that is returned to the Department
unpaid by the financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the Department, a fine of
$50. The fines imposed
by this Section are in addition to any other discipline provided under this Act
prohibiting unlicensed practice or practice on a nonrenewed license. The
Department shall notify the person that payment of fees and fines shall be paid
to the Department by certified check or money order within 30 calendar days
after notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certification or deny
the application, without hearing. If, after termination or denial, the person
seeks a license or certificate, he or she shall apply to the Department for
restoration or issuance of the license or certificate and pay all fees and
fines due to the Department. The Department may establish a fee for the
processing of an application for restoration of a license to pay all costs and
expenses of processing of this application. The Director may waive the fines
due under this Section in individual cases where the Director finds that the
fines would be unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
|
(225 ILCS 107/70)
(Section scheduled to be repealed on January 1, 2013)
Sec. 70.
Endorsement.
The Department may issue a license as a licensed
professional counselor or licensed clinical professional counselor, without the
required examination, to (i) an applicant licensed under the laws of another
state or United States jurisdiction whose standards in the opinion of the
Department, were substantially equivalent at the date of his or her licensure
in the other jurisdiction to the requirements of this Act or (ii) any person
who, at the time of licensure, possessed individual qualifications which were
substantially equivalent to the requirements of this Act. Such an applicant
shall pay all of the required fees.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within 3
years, the application shall be denied, the fee forfeited, and the
applicant must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 87‑1011; 87‑1269.)
|
(225 ILCS 107/75)
(Section scheduled to be repealed on January 1, 2013)
Sec. 75.
Privileged communications and exceptions.
(a) No licensed professional counselor or licensed clinical professional
counselor shall disclose any information acquired from persons consulting
the counselor in a professional capacity, except that which may be
voluntarily disclosed under the following circumstances:
(1) In the course of formally reporting, conferring, | ||
|
||
(2) With the written consent of the person who | ||
|
||
(3) In the case of death or disability, with the | ||
|
||
(4) When a communication reveals the intended | ||
|
||
(5) When the person waives the privilege by bringing | ||
|
||
(b) When the person is a minor under the laws of the State of Illinois
and the information acquired by the licensed professional counselor or
licensed clinical professional counselor indicates the minor was the victim
or subject of a crime, the licensed professional counselor or licensed
clinical professional counselor may be required to testify in any judicial
proceedings in which the commission of that crime is the subject of inquiry
when, after in camera review of the information that the licensed
professional counselor or licensed clinical professional counselor
acquired, the court determines that the interests of the minor in having
the information held privileged are outweighed by the requirements of
justice, the need to protect the public safety or the need to protect the
minor, except as provided under the Abused and Neglected Child Reporting Act.
(c) Any person having access to records or anyone who participates in
providing professional counseling or clinical professional counseling
services, or, in providing any human services, is supervised by a
licensed professional counselor or licensed clinical professional
counselor, is similarly bound to regard all information and communications
as privileged in accord with this Section.
(d) Nothing in this Act shall be construed to prohibit a licensed
professional counselor or licensed clinical professional counselor from voluntarily
testifying in court hearings concerning matters of adoption, child abuse,
child neglect or other matters pertaining to children, except as provided
under the Abused and Neglected Child Reporting Act.
(e) The Mental Health and Developmental Disabilities Confidentiality Act is
incorporated herein as if all of its provisions were included in this Act.
In the event of a conflict between the application of this Section and the
Mental Health and Developmental Disabilities Confidentiality Act to a specific
situation, the provisions of the Mental Health and Developmental Disabilities
Confidentiality Act shall control.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2013)
Sec. 80.
Grounds for discipline.
(a) The Department may refuse to issue, renew, or may revoke, suspend, place
on probation, reprimand, or take other disciplinary action as the Department
deems appropriate, including the issuance of fines not to exceed $1000 for each
violation, with regard to any license for any one or more of the following:
(1) Material misstatement in furnishing information | ||
|
||
(2) Violations or negligent or intentional disregard | ||
|
||
(3) Conviction of any crime under the laws of the | ||
|
||
(4) Making any misrepresentation for the purpose of | ||
|
||
(5) Professional incompetence or gross negligence in | ||
|
||
(6) Malpractice.
(7) Aiding or assisting another person in violating | ||
|
||
(8) Failing to provide information within 60 days in | ||
|
||
(9) Engaging in dishonorable, unethical, or | ||
|
||
(10) Habitual or excessive use or addiction to | ||
|
||
(11) Discipline by another jurisdiction, if at least | ||
|
||
(12) Directly or indirectly giving to or receiving | ||
|
||
(13) A finding by the Board that the licensee, after | ||
|
||
(14) Abandonment of a client.
(15) Willfully filing false reports relating to a | ||
|
||
(16) Willfully failing to report an instance of | ||
|
||
(17) Being named as a perpetrator in an indicated | ||
|
||
(18) Physical or mental disability, including | ||
|
||
(19) Solicitation of professional services by using | ||
|
||
(20) Failure to file a return, or to pay the tax, | ||
|
||
(21) A finding that licensure has been applied for | ||
|
||
(22) Practicing or attempting to practice under a | ||
|
||
(23) Gross overcharging for professional services | ||
|
||
(24) Rendering professional counseling or clinical | ||
|
||
(25) Clinical supervisors failing to adequately and | ||
|
||
(b) The Department shall deny, without hearing, any application or
renewal for a license under this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois State Assistance Commission;
however, the Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission.
(c) The determination by a court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code will result in an automatic
suspension of his or her license. The suspension will end upon a finding by a
court that the licensee is no longer subject to involuntary admission or
judicial admission, the issuance of an order so finding and discharging the
patient, and the recommendation of the Board to the Director that the licensee
be allowed to resume professional practice.
(d) In enforcing this Section, the Board, upon a showing of a possible
violation,
may compel a licensee or applicant to submit to a mental or physical
examination, or
both, as required by and at the expense of the Department. The examining
physicians or
clinical psychologists shall be those specifically designated by the Board. The
Board or
the Department may order (i) the examining physician to present testimony
concerning
the mental or physical examination of a licensee or applicant or (ii) the
examining clinical
psychologist to present testimony concerning the mental examination of a
licensee or
applicant. No information shall be excluded by reason of any common law or
statutory
privilege relating to communications between a licensee or applicant and the
examining
physician or clinical psychologist. An individual to be examined may have, at his or her
own expense, another physician or clinical psychologist of his or her choice
present
during all aspects of the examination. Failure of an individual to submit to a
mental or
physical examination, when directed, is grounds for suspension of his or her
license. The license
must remain suspended until the person submits to the examination or the Board
finds,
after notice and hearing, that the refusal to submit to the examination was
with reasonable
cause.
If the Board finds an individual unable to practice because of the reasons
set forth
in this Section, the Board must require the individual to submit to care,
counseling, or
treatment by a physician or clinical psychologist approved by the Board, as a
condition,
term, or restriction for continued, reinstated, or renewed licensure to
practice. In lieu of
care, counseling, or treatment, the Board may recommend that the Department
file a
complaint to immediately suspend or revoke the license of the individual or
otherwise
discipline the licensee.
Any individual whose license was granted, continued, reinstated, or renewed
subject
to conditions, terms, or restrictions, as provided for in this Section, or any
individual who
was disciplined or placed on supervision pursuant to this Section must be
referred to the
Director for a determination as to whether the person shall have his or her
license
suspended immediately, pending a hearing by the Board.
(Source: P.A. 92‑719, eff. 7‑25‑02.)
|
(225 ILCS 107/83) (Section scheduled to be repealed on January 1, 2013) Sec. 83. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06.)
(225 ILCS 107/85)
(Section scheduled to be repealed on January 1, 2013)
Sec. 85.
Violations; injunction; cease and desist order.
(a) If any person violates the provisions of this Act, the Director may,
in the name of the People of the State of Illinois, through the Attorney
General, petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a verified
petition, the court with appropriate jurisdiction may issue a temporary
restraining order without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the person
has violated or is violating the injunction, the court may punish the
offender for contempt of court. Proceedings under this Section are in
addition to all other remedies and penalties provided by this Act.
(b) If any person holds himself or herself out as being a licensed
professional counselor or licensed clinical professional counselor under
this Act and is not licensed to do so, then any licensed professional
counselor, licensed clinical professional counselor, interested party, or
any person injured thereby may petition for relief as provided in
subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person violates any
provision of this Act, the Department may issue a rule to show cause why
an order to cease and desist should not be entered against that person.
The rule shall clearly set forth the grounds relied upon by the Department
and shall allow at least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the satisfaction of
the Department shall cause an order to cease and desist to be issued.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/90)
(Section scheduled to be repealed on January 1, 2013)
Sec. 90.
Investigations; notice and hearing.
The Department may investigate
the actions of any applicant or any person holding or claiming to hold a
license. The Department shall, before revoking, suspending, placing on
probation, reprimanding, or taking any other disciplinary action under Section
80 of this Act, at least 30 days prior to the date set for the hearing, (i)
notify the accused, in writing, of any charges made and the time and place for
the hearing on the charges, (ii) direct him or her to file a written answer to
the charges with the Board under oath within 20 days after the service on him
or her of the notice, and (iii) inform the accused that, if he or she fails to
answer, default will be taken against him or her or that his or her license or
certificate may be suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license or certificate, including
limiting the scope, nature, or extent of his or her practice, as the Department
may deem proper. In case the person, after receiving notice, fails to file an
answer, his or her license may, in the discretion of the Department, be
suspended, revoked, placed on probationary status, or the Department may take
whatever disciplinary action deemed proper, including limiting the scope,
nature, or extent of the person's practice or the imposition of a fine, without
a hearing, if the act or acts charged constitute sufficient grounds for such
action under this Act. The written notice may be served by personal delivery
or certified mail to the address specified by the accused in his or her last
notification to the Department.
(Source: P.A. 87‑1011; 87‑1269.)
|
(225 ILCS 107/95)
(Section scheduled to be repealed on January 1, 2013)
Sec. 95.
Record of proceedings; transcript.
The Department, at its
expense, shall preserve a record of all proceedings at the formal hearing
of any case. The notice of hearing, complaint, all other documents in the
nature of pleadings, written motions filed in the proceedings, the transcript
of testimony, the report of the Board and orders of the Department shall be in
the record of such proceeding. The Department shall furnish a transcript of the
record to any person interested in the hearing upon payment of the fee required
under Section 2105‑115 of the Department of Professional Regulation
Law (20 ILCS 2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
|
(225 ILCS 107/100)
(Section scheduled to be repealed on January 1, 2013)
Sec. 100.
Subpoenas; depositions; oaths.
The Department has
the power to subpoena and to bring before it any person and to take
testimony either orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed in civil cases in the courts of
this State.
The Director, the designated hearing officer, and every member of the
Board has the power to administer oaths to witnesses at any hearing
which the Department is authorized to conduct, and any other oaths
authorized in any Act administered by the Department.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/105)
(Section scheduled to be repealed on January 1, 2013)
Sec. 105.
Compelling testimony.
Any court, upon application of the
Department, designated hearing officer, or the applicant or licensee against
whom proceedings under Section 80 of this Act are pending, may enter an
order requiring the attendance of witnesses and their testimony and the
production of documents, papers, files, books, and records in connection
with any hearing or investigation. The court may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/110)
(Section scheduled to be repealed on January 1, 2013)
Sec. 110.
Findings and recommendations.
At the conclusion of the
hearing, the Board shall present to the Director a written report of its
findings of fact, conclusions of law, and recommendations. The report shall
contain a finding whether the licensee violated this Act or failed
to comply with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and shall make
its recommendations to the Director.
The report of findings of fact, conclusions of law, and recommendation of
the Board shall be the basis for the Department's order for refusal or for
the granting of the license. If the Director disagrees with the
recommendations of the Board, the Director may issue an order in
contravention of the Board recommendations. The Director shall provide a
written report to the
Board on any disagreement and shall specify the reasons for the action in
the final order. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of this Act, but
the hearing and findings are not a bar to a criminal prosecution brought
for the violation of this Act.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/115)
(Section scheduled to be repealed on January 1, 2013)
Sec. 115.
Board; rehearing.
At the conclusion of the hearing, a copy of the
Board's report shall be served upon the applicant or licensee by the
Department, either personally or as provided in this Act for the service of the
notice of hearing. Within 20 days after such service, the applicant or
licensee may present to the Department a motion in writing for a rehearing
which shall specify the particular grounds for rehearing. If no motion for a
rehearing is filed, then upon the expiration of the time specified for filing
such a motion, or if a motion for rehearing is denied, then upon such denial,
the Director may enter an order in accordance with recommendations of the
Board, except as provided in Section 120 of this Act. If the applicant or
licensee requests and pays for a transcript of the record within the time
for filing a motion for rehearing, the 20‑day period within which a
motion may be filed shall commence upon the delivery of the transcript to
the applicant or licensee.
(Source: P.A. 87‑1011; 87‑1269.)
|
(225 ILCS 107/120)
(Section scheduled to be repealed on January 1, 2013)
Sec. 120.
Director; rehearing.
Whenever the Director believes
justice has not been done in the revocation, suspension or refusal to issue
or renew a license or the discipline of a licensee, he or she may order a
rehearing.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/125)
(Section scheduled to be repealed on January 1, 2013)
Sec. 125.
Appointment of a hearing officer.
The Director has
the authority to appoint any attorney licensed to practice law in the State
of Illinois to serve as the hearing officer in any action for refusal to
issue or renew a license or permit or to discipline a licensee. The
hearing officer has full authority to conduct the hearing. At least
one member of the Board shall attend each hearing. The hearing officer
shall report his findings of fact, conclusions of law, and recommendations
to the Board and to the Director. The Board shall have 60 calendar days
from receipt of the report to review it and to present its findings of
fact, conclusions of law and recommendation to the Director. If the Board
does not present its report within the 60 day period, the Director may
issue an order based on the report of the hearing officer. If the Director
disagrees with the recommendation of the Board or of the hearing officer,
the Director may issue an order in contravention of the recommendation.
The Director shall promptly provide a written explanation to the Board on any
such disagreement.
(Source: P.A. 87‑1011; 87‑1269.)
|
(225 ILCS 107/130)
(Section scheduled to be repealed on January 1, 2013)
Sec. 130.
Order or certified copy; prima facie proof.
An
order or certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, is prima facie proof that:
(a) The signature is the genuine signature of the Director;
(b) The Director is duly appointed and qualified; and
(c) The Board and the members thereof are qualified to act.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/135)
(Section scheduled to be repealed on January 1, 2013)
Sec. 135.
Restoration of suspended or revoked license.
At any time
after the suspension or revocation of any license, the Department may
restore it to the licensee upon the written recommendation of the Board,
unless after an investigation and hearing the Board determines that
restoration is not in the public interest.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/140)
(Section scheduled to be repealed on January 1, 2013)
Sec. 140.
Surrender of license.
Upon the revocation or suspension of
a license, the licensee shall immediately surrender his or her license to
the Department. If the licensee fails to do so, the Department has
the right to seize the license.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/145)
(Section scheduled to be repealed on January 1, 2013)
Sec. 145.
Summary suspension of license.
The Director may
summarily suspend the license of a professional counselor or a clinical
professional counselor without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in Section 90 of this
Act, if the Director finds that evidence in the possession of the Director
indicates that the continuation of practice by the professional counselor
or clinical professional
counselor would constitute an imminent danger to
the public. In the event that the Director summarily suspends the license
of an individual without a hearing, a hearing must be held within 30 days
after the suspension has occurred.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/150)
(Section scheduled to be repealed on January 1, 2013)
Sec. 150.
Administrative review; venue.
(a) All final administrative decisions of the Department are subject to
judicial review pursuant to the Administrative Review Law and its rules.
The term "administrative decision" is defined as
in Section 3‑101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the circuit
court of the county in which the party applying for review resides, but if
the party is not a resident of Illinois, the venue shall be in Sangamon County.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/155)
(Section scheduled to be repealed on January 1, 2013)
Sec. 155.
Certification of record; costs.
The Department shall not
be required to certify any record to the court, to file an answer in court,
or to otherwise appear in any court in a judicial review proceeding, unless
there is filed in the court, with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and certifying
the record. Failure on the part of the plaintiff to file the receipt
in court is grounds for dismissal of the action.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/160)
(Section scheduled to be repealed on January 1, 2013)
Sec. 160.
Violations.
Unless otherwise specified, any person found
to have violated any provision of this Act is guilty of a Class A misdemeanor.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/165)
(Section scheduled to be repealed on January 1, 2013)
Sec. 165.
Administrative Procedure Act; application.
The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated
in this Act as if all of the provisions of such Act were included in this Act.
(Source: P.A. 87‑1011.)
|
(225 ILCS 107/170)
(Section scheduled to be repealed on January 1, 2013)
Sec. 170.
Home rule.
The regulation and licensing of the practice of
professional counseling and clinical professional counseling are exclusive
powers and functions of the State. A home rule unit may not regulate or
license professional counselors or clinical professional counselors. This
Section is a denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 87‑1011.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
