Section 1375.225  Unprofessional Conduct

The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of unethical, unauthorized, or unprofessional conduct within the meaning of Section 80 of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

a)         Counseling Relationships

1)         Practicing, condoning, facilitating or collaborating with any form of discrimination. The counselor shall act to prevent and eliminate discrimination against any person or group on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, mental or physical handicap, or any other preference or personal characteristic, condition or status.

2)         Engaging in any action that violates or diminishes the civil or legal rights of clients.

3)         Engaging in the sexual exploitation of clients, students or supervisees.

4)         Engaging in or condoning sexual harassment, which is defined as deliberate or repeated comments, gestures or physical contacts of a sexual nature.

5)         Bringing personal or professional biases into the counseling relationship.  Through an awareness of the impact of stereotyping and discrimination (i.e., biases based on age, disability, ethnicity, gender, religion, or sexual preference), counselors guard the individual rights and personal dignity of the client in the counseling relationship.

6)         Engaging in any type of sexual intimacies with clients.   Counselors shall not provide counseling services to persons with whom they have had a sexual relationship.

7)         Engaging in sexual intimacies with former clients prior to two years after termination of the counselor/client relationship.

8)         Failing to offer all pertinent facts regarding services rendered to the client prior to administration of professional services.  The purpose of informed consent is to insure a client's complete access to information pertaining to professional services.  Examples include, but are not limited to, fees for services, length of treatment and utilization of consultants.  The client's signature indicating receipt of pertinent information is strongly encouraged.

b)         Confidentiality

1)         Failing to inform clients at the onset of the counseling relationship of the limits of confidentiality.  These limitations include, but are not limited to:  limitations mandated by the law, the clear and immediate danger to oneself or others, when the counselor is a defendant in a civil, criminal or disciplinary action arising from the counseling.

2)         Revealing facts, data or information relating to a client or examinee, except as allowed under Section 75 of the Act or under the Mental Health and Developmental Disabilities Confidentiality Act or any other federal or State laws pertaining to confidentiality.

3)         Failing to take appropriate steps to protect the privacy of a client and avoid unnecessary disclosures of confidential information.  The right to privacy belongs to clients and may be waived.  A written waiver shall be signed by the client and the information revealed shall be in accordance with the terms of the waiver.

c)         Scope of Practice/Professional Responsibility

1)         Performing, or pretending to be able to perform, professional services beyond one's scope of practice and one's competency.

2)         Failing to refer an individual with whom the counselor has a relationship.

3)         Failing to inform clients of the use of all experimental methods of treatment; the safety precautions shall be adhered to by the counselor.

4)         Failing to establish and maintain client records and case notes.

5)         Advertising shall not be deceptive, misleading or false.  Counselors should claim or imply only professional credentials possessed and are responsible for correcting any misrepresentations of their credentials by others.  Professional credentials include highest relevant degrees, accreditation of graduate programs, national voluntary certifications, government-issued certifications or licenses, professional membership, or any other credential that might indicate to the public specialized knowledge or expertise in professional counseling.

6)         Submission of fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third party payors.

7)         Knowingly providing services to a client when the counselor's ability to practice is impaired.  Causes of impairment may include, but are not limited to, the abuse of mood altering chemicals and physical or mental problems; offering professional services when the counselor's personal problems or conflicts may harm a client or others.

d)         Supervision

1)         Permitting a trainee or intern under his/her supervision or control to perform, or permitting the trainee or intern to hold himself or herself out as competent to perform, professional services beyond the trainee's or intern's level of education, training and/or experience.

2)         Allowing a trainee to violate the rights of clients, permitting a trainee to violate confidentiality standards, or failing to ensure that the client is informed that he/she is being treated by a trainee.

3)         Participating in any form of sexual contact with supervisees.  Dual relationships with supervisees that might impair the supervisor's objectivity and professional judgement should be avoided and/or the supervisory relationship terminated.

e)         Evaluation, Assessment and Interpretation

            Different tests demand different levels of competence for administration, scoring and interpretation.  Members must have the appropriate education and training for each specific test and recognize the limits of their competence and perform only those functions for which they are prepared. In particular, members using computer-based test interpretations must be trained in the concept being measured and the specific instrument being used prior to using this type of computer application.

f)          Failing to inform prospective research subjects or their authorized representative fully of potential serious after effects of the research or failing to remove the after effects as soon as the design of the research permits.

g)         The Department hereby incorporates by reference "The American Counseling Association Code of Ethics and Standards of Practice", April 1995, approved by the American Counseling Association, 5999 Stevenson Avenue, Alexandria, Virginia 22304, with no later amendments or editions.

(Source:  Amended at 27 Ill. Reg. 15483, effective September 19, 2003)