HB4520 EngrossedLRB097 19605 CEL 64859 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following

 

 

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1Act is repealed on January 1, 2023:
2    The Professional Counselor and Clinical Professional
3Counselor Licensing and Practice Act.
 
4    Section 5. The Professional Counselor and Clinical
5Professional Counselor Licensing Act is amended by changing
6Sections 1, 5, 10, 15, 20, 21, 25, 30, 45, 50, 60, 65, 75, 80,
785, 90, 95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155,
8160, and 165 and by adding Sections 18 and 93 as follows:
 
9    (225 ILCS 107/1)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 1. Short title. This Act may be cited as the
12Professional Counselor and Clinical Professional Counselor
13Licensing and Practice Act.
14(Source: P.A. 87-1011.)
 
15    (225 ILCS 107/5)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 5. Declaration of public policy. The practice of
18professional counseling and clinical professional counseling
19is hereby declared to affect the public health, safety and
20welfare, and to be subject to regulation in the public
21interest. The purpose of the Act is to protect and benefit the
22public by setting standards of qualifications, education,
23training, and experience for those who seek to engage in the

 

 

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1independent practice of clinical professional counseling and
2in the practice of professional counseling in the State of
3Illinois and to obtain a license and hold the title of
4professional counselor, to promote high standards of
5professional performance for those licensed to practice
6professional counseling and clinical professional counseling
7in the State of Illinois, and to protect the public from
8unprofessional conduct by persons licensed to practice
9professional counseling and the independent practice of
10clinical professional counseling.
11(Source: P.A. 87-1011.)
 
12    (225 ILCS 107/10)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 10. Definitions. As used in this Act:
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit. It is the duty of the applicant or
19licensee to inform the Department of any change of address and
20those changes must be made either through the Department's
21website or by contacting the Department.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Director" means the Director of Professional Regulation.
25    "Board" means the Professional Counselor Licensing and

 

 

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1Disciplinary Board as appointed by the Secretary Director.
2    "Person" means an individual, association, partnership, or
3corporation.
4    "Professional counseling" means the provision of services
5to individuals, couples, groups, families, and organizations
6in any one or more of the fields of professional counseling.
7"Professional counseling" includes the therapeutic process of:
8(i) conducting assessments and diagnosing for the purpose of
9establishing treatment goals and objectives and (ii) planning,
10implementing, and evaluating treatment plans using treatment
11interventions to facilitate human development and to identify
12and remediate mental, emotional, or behavioral disorders and
13associated distresses that interfere with mental health.
14Professional counseling includes, but is not limited to:
15        (1) social, emotional, educational, and career testing
16    and evaluation;
17        (2) a professional relationship between a counselor
18    and a client in which the counselor provides assistance in
19    coping with life issues that include relationships,
20    conflicts, problem solving, decision making, and
21    developmental concerns; and
22        (3) research.
23    Professional counseling may also include clinical
24professional counseling as long as it is not conducted in
25independent private practice as defined in this Act.
26    "Clinical professional counseling" means the provision of

 

 

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1professional counseling and mental health services, which
2includes, but is not limited to, the application of clinical
3counseling theory and techniques to prevent and alleviate
4mental and emotional disorders and psychopathology and to
5promote optimal mental health, rehabilitation, treatment,
6testing, assessment, and evaluation. "Clinical professional
7counseling" may include the practice of professional
8counseling as defined in this Act. It also includes clinical
9counseling and psychotherapy in a professional relationship to
10assist individuals, couples, families, groups, and
11organizations to alleviate emotional disorders, to understand
12conscious and unconscious motivation, to resolve emotional,
13relationship, and attitudinal conflicts, and to modify
14behaviors that interfere with effective emotional, social,
15adaptive, and intellectual functioning.
16    "Licensed professional counselor" and "professional
17counselor" means a person who holds a license authorizing the
18practice of professional counseling as defined in this Act.
19    "Licensed clinical professional counselor" and "clinical
20professional counselor" means a person who holds a license
21authorizing the independent practice of clinical professional
22counseling in private practice as defined in this Act.
23    "Independent private practice of clinical professional
24counseling" means the application of clinical professional
25counseling knowledge and skills by a licensed clinical
26professional counselor who (i) regulates and is responsible for

 

 

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1her or his own practice or treatment procedures and (ii) is
2self-employed or works in a group practice or setting not
3qualified under Internal Revenue Service regulations as a
4not-for-profit business.
5    "Clinical supervision" or "supervision" means review of
6aspects of counseling and case management in a face-to-face
7meeting with the person under supervision.
8    "Qualified supervisor" or "qualified clinical supervisor"
9means any person who is a licensed clinical professional
10counselor, licensed clinical social worker, licensed clinical
11psychologist, psychiatrist as defined in Section 1-121 of the
12Mental Health and Developmental Disabilities Code, or other
13supervisor as defined by rule. A qualified supervisor may be
14provided at the applicant's place of work, or may be hired by
15the applicant to provide supervision.
16    "License" means that which is required to practice
17professional counseling or clinical professional counseling as
18defined in this Act.
19    "Secretary" means the Secretary of Financial and
20Professional Regulation.
21    "Volunteer" means a person performing services without
22compensation for a nonprofit organization, a nonprofit
23corporation, a hospital, a governmental entity, or a private
24business, other than reimbursement for actual expenses
25incurred. "Volunteer" includes a person serving as a director,
26officer, trustee, or direct service volunteer.

 

 

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1(Source: P.A. 92-719, eff. 7-25-02.)
 
2    (225 ILCS 107/15)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 15. Exemptions.
5    (a) This Act does not prohibit any persons legally
6regulated in this State by any other Act from engaging in the
7practice for which they are authorized as long as they do not
8represent themselves by the title of "professional counselor",
9"licensed professional counselor", "clinical professional
10counselor", or "licensed clinical professional counselor".
11This Act does not prohibit the practice of nonregulated
12professions whose practitioners are engaged in the delivery of
13human services as long as these practitioners do not represent
14themselves as or use the title of "professional counselor",
15"licensed professional counselor", "clinical professional
16counselor", or "licensed clinical professional counselor".
17    (b) Nothing in this Act shall be construed to limit the
18activities and services of a student, intern, or resident in
19professional counseling or clinical professional counseling
20seeking to fulfill educational requirements in order to qualify
21for a license under this Act if (i) these activities and
22services constitute a part of the student's supervised course
23of study, (ii) or an individual seeking to fulfill the
24post-degree experience requirements in order to qualify for
25licensing under this Act, as long as the activities and

 

 

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1services are not conducted in an independent practice, as
2defined in this Act, (iii) if the activities and services are
3supervised as specified in this Act, and (iv) that the student,
4intern, or resident is designated by a title "intern" or
5"resident" or other designation of trainee status. Nothing
6contained in this Section shall be construed to permit
7students, interns, or residents to offer their services as
8professional counselors or clinical professional counselors to
9any other person, and to accept remuneration for such
10professional counseling or clinical professional counseling
11services other than as specifically excepted in this Section,
12unless they have been licensed under this Act.
13    (b-5) Nothing in this Act shall be construed to limit the
14activities and services of individuals seeking to fulfill
15post-degree experience requirements in order to qualify for
16licensing as a clinical professional counselor under this Act,
17so long as the individual is not engaged in the independent
18private practice of clinical professional counseling as
19defined in this Act, and is in compliance with all applicable
20regulations regarding supervision including, but not limited
21to, the requirement that the supervised experience must be
22under the order, control, and full professional responsibility
23of their supervisor. The Department may, by rule, adopt further
24limitations on individuals practicing under this subsection.
25    (c) Corporations, partnerships, and associations may
26employ practicum students, interns, or post-degree candidates

 

 

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1seeking to fulfill educational requirements or the
2professional experience requirements needed to qualify for a
3license under this Act if their activities and services
4constitute a part of the student's supervised course of study
5or post-degree professional experience requirements. Nothing
6in this paragraph shall prohibit a corporation, partnership, or
7association from contracting with a licensed health care
8professional to provide services that they are licensed to
9provide.
10    (d) Nothing in this Act shall prevent the employment, by a
11professional counselor or clinical professional counselor,
12person, association, partnership, or a corporation furnishing
13professional counseling or clinical professional counseling
14services for remuneration, of persons not licensed as
15professional counselors or clinical professional counselors
16under this Act to perform services in various capacities as
17needed if these persons are not in any manner held out to the
18public or do not hold themselves out to the public by any title
19or designation stating or implying that they are professional
20counselors or clinical professional counselors.
21    (e) Nothing in this Act shall be construed to limit the
22services of a person, not licensed under the provisions of this
23Act, in the employ of a federal, State, county, or municipal
24agency or other political subdivision or not-for-profit
25corporation providing human services if (1) the services are a
26part of the duties in his or her salaried position, (2) the

 

 

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1services are performed solely on behalf of his or her employer,
2and (3) that person does not in any manner represent himself or
3herself as or use the title of "professional counselor",
4"licensed professional counselor", "clinical professional
5counselor", or "licensed clinical professional counselor".
6    (f) Duly recognized members of any religious organization
7shall not be restricted from functioning in their ministerial
8capacity provided they do not represent themselves as being
9professional counselors or clinical professional counselors,
10or as providing "professional counseling" or "clinical
11professional counseling". This Act shall not apply or be
12construed so as to apply to the employees or agents of a church
13or religious organization or an organization owned,
14controlled, or affiliated with a church or religious
15organization, unless the church, religious organization, or
16owned, controlled, or affiliated organization designates or
17holds these employees or agents out to the public as
18professional counselors or clinical professional counselors or
19holds out their services as being "professional counseling" or
20"clinical professional counseling".
21    (g) Nothing in this Act shall prohibit individuals not
22licensed under the provisions of this Act who work in self-help
23groups or programs or not-for-profit organizations from
24providing services in those groups, programs, or
25organizations, as long as those persons are not in any manner
26held out to the public as practicing professional counseling or

 

 

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1clinical professional counseling, or do not hold themselves out
2to the public by any title or designation stating or implying
3that they are professional counselors or clinical professional
4counselors.
5    (h) Nothing in this Act shall be construed to limit the
6activities and use of the official title of "professional
7counselor" or "clinical professional counselor" on the part of
8a person not licensed under this Act who is an academic
9employee of a duly chartered institution of higher education
10and who holds educational and professional qualifications
11equivalent to those required for licensing under this Act,
12insofar as such activities are performed in the person's role
13as an academic employee, or insofar as such person engages in
14public speaking with or without remuneration.
15    (i) Nothing in this Act shall be construed to require
16licensure under this Act or limit the services of a school
17counselor certified by the State Teacher Certification Board
18and employed as authorized by Section 10-22-24a or any other
19provision of the School Code as long as that person is not in
20any manner held out to the public as a "professional counselor"
21or "clinical professional counselor" or does not hold out his
22or her services as being "professional counseling" or "clinical
23professional counseling".
24    (j) Nothing in this Act shall be construed to require any
25hospital, clinic, home health agency, hospice, or other entity
26that provides health care to employ or to contract with a

 

 

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1person licensed under this Act to provide professional
2counseling or clinical professional counseling services. These
3persons may not hold themselves out or represent themselves to
4the public as being licensed under this Act.
5    (k) Nothing in this Act shall be construed to require
6licensure under this Act or limit the services of a person
7employed by a private elementary or secondary school who
8provides counseling within the scope of his or her employment
9as long as that person is not in any manner held out to the
10public as a "professional counselor" or "clinical professional
11counselor" or does not hold out his or her services as being
12"professional counseling" or "clinical professional
13counseling".
14    (l) Nothing in this Act shall be construed to require
15licensure under this Act or limit the services of a rape crisis
16counselor who is an employee or volunteer of a rape crisis
17organization as defined in Section 8-802.1 of the Code of Civil
18Procedure as long as that person is not in any manner held out
19to the public as a "professional counselor" or "clinical
20professional counselor" or does not hold out his or her
21services as being "professional counseling" or "clinical
22professional counseling".
23    (m) Nothing in this Act shall be construed to prevent any
24licensed social worker, licensed clinical social worker, or
25licensed clinical psychologist from practicing professional
26counseling as long as that person is not in any manner held out

 

 

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1to the public as a "professional counselor" or "clinical
2professional counselor" or does not hold out his or her
3services as being "professional counseling" or "clinical
4professional counseling".
5    (n) Nothing in this Act shall be construed to limit the
6activities and use of the official title of "professional
7counselor" or "clinical professional counselor" on the part of
8a person not licensed under this Act who is a physician
9licensed to practice medicine in all of its branches under the
10Medical Practice Act of 1987.
11    (o) Nothing in this Act shall be construed to require
12licensure under this Act or limit the services of a domestic
13violence counselor who is an employee or volunteer of a
14domestic violence program as defined in Section 227 of the
15Illinois Domestic Violence Act of 1986.
16(Source: P.A. 92-719, eff. 7-25-02.)
 
17    (225 ILCS 107/18 new)
18    Sec. 18. Provision of clinical services by licensed
19professional counselors; scope of practice.
20    (a) Licensed professional counselors may not engage in the
21independent practice of clinical professional counseling
22without a clinical professional counselor license.
23    (b) In an independent private practice, a licensed
24professional counselor must practice at all times under the
25order, control, and full professional responsibility of a

 

 

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1licensed clinical professional counselor, a licensed clinical
2social worker, a licensed clinical psychologist, or a
3psychiatrist as defined in Section 1-121 of the Mental Health
4and Developmental Disabilities Code.
5    (c) When providing clinical professional counseling as set
6forth in this Act, a licensed professional counselor may not
7represent himself or herself as a sole or independent
8practitioner and may not use the title "clinical professional
9counselor" or "licensed clinical professional counselor". A
10licensed professional counselor providing clinical
11professional counseling shall always operate and represent
12himself or herself as providing services through or as a part
13of a group practice or through a clinical supervisor's
14practice, and the licensed professional counselor shall have no
15ownership interest in either type of practice. Licensed
16professional counselors providing clinical services shall
17provide the name and contact information of the licensed
18professional counselor's supervisor to all clients.
19    (d) Nothing in this Act shall be construed to limit
20licensed professional counselors from owning or engaging in
21sole or other type of practice or from using the title
22"licensed professional counselor" or "professional counselor"
23when providing social services that do not fall within the
24definition of professional counseling or clinical professional
25counseling as set forth in this Act.
26    (e) The Department may adopt rules necessary to implement

 

 

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1this Section.
 
2    (225 ILCS 107/20)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 20. Restrictions and limitations.
5    (a) No person shall, without a valid license as a
6professional counselor issued by the Department: (i) in any
7manner hold himself or herself out to the public as a
8professional counselor under this Act; (ii) attach the title
9"professional counselor" or "licensed professional counselor";
10or (iii) offer to render or render to individuals,
11corporations, or the public professional counseling services.
12    (b) No person shall, without a valid license as a clinical
13professional counselor issued by the Department: (i) in any
14manner hold himself or herself out to the public as a clinical
15professional counselor or licensed clinical professional
16counselor under this Act; (ii) attach the title "clinical
17professional counselor" or "licensed clinical professional
18counselor"; or (iii) offer to render to individuals,
19corporations, or the public clinical professional counseling
20services.
21    (c) (Blank). Licensed professional counselors may not
22engage in independent private practice as defined in this Act
23without a clinical professional counseling license. In an
24independent private practice, a licensed professional
25counselor must practice at all times under the order, control,

 

 

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1and full professional responsibility of a licensed clinical
2professional counselor, a licensed clinical social worker, a
3licensed clinical psychologist, or a psychiatrist, as defined
4in Section 1-121 of the Mental Health and Developmental
5Disabilities Code.
6    (d) No association, limited liability company, or
7partnership shall practice clinical professional counseling or
8professional counseling unless every member, partner, and
9employee of the association or partnership who practices
10professional counseling or clinical professional counseling,
11or who renders professional counseling or clinical
12professional counseling services, holds a currently valid
13license issued under this Act. No license shall be issued to a
14corporation, the stated purpose of which includes or which
15practices or which holds itself out as available to practice
16professional counseling or clinical professional counseling
17unless it is organized under the Professional Service
18Corporation Act.
19    (e) Nothing in this Act shall be construed as permitting
20persons licensed as professional counselors or clinical
21professional counselors to engage in any manner in the practice
22of medicine in all its branches as defined by law in this
23State.
24    (f) When, in the course of providing professional
25counseling or clinical professional counseling services to any
26person, a professional counselor or clinical professional

 

 

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1counselor licensed under this Act finds indication of a disease
2or condition that in his or her professional judgment requires
3professional service outside the scope of practice as defined
4in this Act, he or she shall refer that person to a physician
5licensed to practice medicine in all of its branches or another
6appropriate health care practitioner.
7(Source: P.A. 94-765, eff. 1-1-07.)
 
8    (225 ILCS 107/21)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 21. Unlicensed practice; violation; civil penalty.
11    (a) Any person who practices, offers to practice, attempts
12to practice, or holds himself or herself out to practice as a
13clinical professional counselor or professional counselor
14without being licensed or exempt under this Act shall, in
15addition to any other penalty provided by law, pay a civil
16penalty to the Department in an amount not to exceed $10,000
17$5,000 for each offense, as determined by the Department. The
18civil penalty shall be assessed by the Department after a
19hearing is held in accordance with the provisions set forth in
20this Act regarding the provision of a hearing for the
21discipline of a licensee.
22    (b) The Department may investigate any actual, alleged, or
23suspected unlicensed activity.
24    (c) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty. The

 

 

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1order shall constitute a final judgment and may be filed and
2execution had thereon in the same manner as any judgment from
3any court of record.
4(Source: P.A. 92-719, eff. 7-25-02.)
 
5    (225 ILCS 107/25)
6    (Section scheduled to be repealed on January 1, 2013)
7    Sec. 25. Powers and duties of the Department. Subject to
8the provisions of this Act, the Department may:
9    (a) Authorize examinations to ascertain the qualifications
10and fitness of applicants for licensing as professional
11counselors or clinical professional counselors and pass upon
12the qualifications of applicants for licensure by endorsement.
13    (b) Conduct hearings on proceedings to refuse to issue or
14renew or to revoke licenses or suspend, place on probation,
15censure, or reprimand or take any other disciplinary or
16non-disciplinary action with regard to a person persons
17licensed under this Act, and to refuse to issue or renew or to
18revoke licenses, or suspend, place on probation, censure, or
19reprimand persons licensed under this Act.
20    (c) Formulate rules and regulations required for the
21administration of this Act.
22    (d) Maintain rosters of the names and addresses of all
23licensees, and all persons whose licenses have been suspended,
24revoked, or denied renewal for cause within the previous
25calendar year. These rosters shall be available upon written

 

 

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1request and payment of the required fee.
2    (e) Establish rules for determining approved undergraduate
3human services programs and graduate professional counseling,
4clinical professional counseling, psychology, rehabilitation
5counseling and similar programs and prepare and maintain a list
6of colleges and universities offering such programs whose
7graduates, if they otherwise meet the requirements of this Act,
8are eligible to apply for a license.
9(Source: P.A. 87-1011.)
 
10    (225 ILCS 107/30)  (from Ch. 111, par. 8451-30)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 30. Professional Counselor Examining and Disciplinary
13Board.
14    (a) The Secretary Director shall appoint a Board which
15shall serve in an advisory capacity to the Secretary Director.
16The Board shall consist of 7 persons, 2 of whom are licensed
17solely as professional counselors, 3 of whom are licensed
18solely as clinical professional counselors, one full-time
19faculty member of an accredited college or university that is
20engaged in training professional counselors or clinical
21professional counselors who possesses the qualifications
22substantially equivalent to the education and experience
23requirements for a professional counselor or clinical
24professional counselor, and one member of the public who is not
25a licensed health care provider. In appointing members of the

 

 

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1Board, the Secretary Director shall give due consideration to
2the adequate representation of the various fields of
3counseling. In appointing members of the Board, the Secretary
4Director shall give due consideration to recommendations by
5members of the professions of professional counseling and
6clinical professional counseling, the Statewide organizations
7representing the interests of professional counselors and
8clinical professional counselors, organizations representing
9the interests of academic programs, rehabilitation counseling
10programs, and approved counseling programs in the State of
11Illinois.
12    (b) Members shall be appointed for and shall serve 4 year
13terms and until their successors are appointed and qualified.
14No member of the Board shall serve more than 2 full consecutive
15terms , except that of the initial appointments 2 members shall
16be appointed to serve for 2 years, 2 shall be appointed to
17serve for 3 years, and the remaining shall be appointed to
18serve for 4 years and until their successors are appointed and
19qualified. No member shall be reappointed to the Board for a
20term that would cause continuous service on the Board to be
21longer than 8 years. Any appointment to fill a vacancy shall be
22for the unexpired portion of the term.
23    (c) The membership of the Board should reasonably reflect
24representation from different geographic areas of Illinois.
25    (d) (Blank). Any member appointed to fill a vacancy shall
26be eligible for reappointment to only one full term.

 

 

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1    (e) The Secretary shall have the authority to Director may
2remove or suspend any member for cause at any time prior to the
3expiration of his or her term. The Secretary shall be the sole
4arbiter of cause.
5    (f) The Board shall annually elect one of its members as
6chairperson.
7    (g) The members of the Board shall be reimbursed for all
8legitimate, necessary, and authorized expenses incurred in
9attending the meetings of the Board.
10    (h) The Board may make recommendations on matters relating
11to approving graduate counseling, rehabilitation counseling,
12psychology, and related programs.
13    (i) The Board may make recommendations on matters relating
14to continuing education including the number of hours necessary
15for license renewal, waivers for those unable to meet such
16requirements, and acceptable course content. These
17recommendations shall not impose an undue burden on the
18Department or an unreasonable restriction on those seeking
19license renewal.
20    (j) The Secretary Director shall give due consideration to
21all recommendations of the Board.
22    (k) Four members A majority of the Board members currently
23appointed shall constitute a quorum. A quorum is required for
24all Board decisions. A vacancy in the membership of the Board
25shall not impair the right of a quorum to perform all of the
26duties of the Board.

 

 

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1    (l) Members of the Board shall have no criminal, civil, or
2professional liability in an action based upon a disciplinary
3proceeding or other activity performed in good faith as a
4member of the Board, except for willful or wanton misconduct.
5(Source: P.A. 92-719, eff. 7-25-02.)
 
6    (225 ILCS 107/45)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 45. Qualifications for a license.
9    (a) Professional counselor. A person is qualified to be
10licensed as a licensed professional counselor, and the
11Department shall issue a license authorizing the practice of
12professional counseling to an applicant who:
13        (1) has applied in writing on the prescribed form and
14    has paid the required fee;
15        (2) is at least 21 years of age and has not engaged in
16    conduct or activities which would constitute grounds for
17    discipline under this Act;
18        (3) is a graduate of:
19            (A) a master's or doctoral level program in the
20        field of counseling, rehabilitation counseling,
21        psychology, or similar degree program approved by the
22        Department; or
23            (B) in the case of an applicant who applied applies
24        for licensure before the effective date of this
25        amendatory Act of the 96th General Assembly, an

 

 

HB4520 Engrossed- 23 -LRB097 19605 CEL 64859 b

1        approved baccalaureate program in human services or
2        similar degree program approved by the Department and
3        can document the equivalent of 5 years of full-time
4        satisfactory supervised experience, as established by
5        rule, under a qualified supervisor;
6        (4) has passed an examination for the practice of
7    professional counseling as authorized by the Department;
8    and
9        (5) has paid the fees required by this Act.
10    Any person who has received certification by any State or
11national organization whose standards are accepted by the
12Department as being substantially similar to the standards in
13this Act may apply for a professional counselor license and
14need not be examined further.
15    (b) Clinical professional counselor. A person is qualified
16to be licensed as a clinical professional counselor, and the
17Department shall issue a license authorizing the practice of
18clinical professional counseling to an applicant who:
19        (1) has applied in writing on the prescribed form and
20    has paid the required fee;
21        (2) is at least 21 years of age and has not engaged in
22    conduct or activities which would constitute grounds for
23    discipline under this Act;
24        (3) is a graduate of:
25            (A) a master's level program in the field of
26        counseling, rehabilitation counseling, psychology, or

 

 

HB4520 Engrossed- 24 -LRB097 19605 CEL 64859 b

1        similar degree program approved by the Department and
2        has completed the equivalent of 2 years full-time
3        satisfactory supervised employment or experience
4        working as a clinical counselor under the direction of
5        a qualified supervisor subsequent to the degree; or
6            (B) a doctoral program in the field of counseling,
7        rehabilitation counseling, psychology, or similar
8        program approved by the Department and has completed
9        the equivalent of 2 years full-time satisfactory
10        supervised employment or experience working as a
11        clinical counselor under the direction of a qualified
12        supervisor, at least one year of which is subsequent to
13        the degree;
14        (4) has passed the examination for the practice of
15    clinical professional counseling as authorized by the
16    Department; and
17        (5) has paid the fees required by this Act.
18    Any person who has received certification or licensure by
19any State or national organization whose standards are accepted
20by the Department as being substantially similar to the
21standards in this Act may apply for a clinical professional
22counselor license, and need not be examined further.
23    (c) Examination for applicants under this Act shall be held
24at the discretion of the Department from time to time but not
25less than once each year. The examination used shall be
26authorized by the Department.

 

 

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1    (d) Upon application and payment of the required fee, an
2applicant who has an active license as a clinical psychologist
3or a clinical social worker licensed under the laws of this
4State may, without examination, be granted registration as a
5licensed clinical professional counselor by the Department.
6(Source: P.A. 96-1139, eff. 7-21-10.)
 
7    (225 ILCS 107/50)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 50. Licenses; renewal; restoration; person in
10military service; inactive status.
11    (a) The expiration date and renewal period for each license
12issued under this Act shall be set by rule. As a condition for
13renewal of a license, the licensee shall be required to
14complete continuing education in accordance with rules
15established by the Department The licensee may renew a license
16during the 30 day period preceding its expiration date by
17paying the required fee and demonstrating compliance with any
18continuing education requirements.
19    (b) Any person who has permitted a license to expire or who
20has a license on inactive status may have it restored by
21submitting an application to the Department and filing proof of
22fitness acceptable to the Department , as defined by rule, to
23have the license restored, including, if appropriate, evidence
24which is satisfactory to the Department certifying the active
25practice of professional counseling or clinical professional

 

 

HB4520 Engrossed- 26 -LRB097 19605 CEL 64859 b

1counseling in another jurisdiction and by paying the required
2fee.
3    (c) If the person has not maintained an active practice in
4another jurisdiction which is satisfactory to the Department,
5the Department shall determine, by an evaluation program
6established by rule, the person's fitness to resume active
7status and shall establish procedures and requirements for
8restoration. The Department may also require the person to
9complete a specific period of evaluated professional
10counseling or clinical professional counseling work experience
11and may require successful completion of an examination.
12    (d) However, any person whose license expired while he or
13she was (i) in federal service on active duty with the armed
14forces of the United States or , while called into service or
15training with the State Militia or (ii) in training or
16education under the supervision of the United States government
17prior to induction into the military service may have his or
18her license restored without paying any lapsed renewal fees if,
19within 2 years after the honorable termination of such service,
20training, or education, except under conditions other than
21honorable, the Department is furnished with satisfactory
22evidence that the person has been so engaged and that such
23service, training, or education has been so terminated.
24    (e) A license to practice shall not be denied any applicant
25because of the applicant's race, religion, creed, national
26origin, political beliefs or activities, age, sex, sexual

 

 

HB4520 Engrossed- 27 -LRB097 19605 CEL 64859 b

1orientation, or physical impairment.
2    (f) Any person requesting restoration from inactive status
3shall (i) be required to pay the current renewal fee, (ii) meet
4continuing education requirements, and (iii) be required to
5restore his or her license as provided in this Act.
6(Source: P.A. 87-1011; 87-1269.)
 
7    (225 ILCS 107/60)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 60. Fees. The Department shall provide by rule for a
10schedule of fees for the administration and enforcement of this
11Act, including, but not limited to, original licensure,
12registration, renewal, and restoration. The fees shall be
13nonrefundable The fees imposed under this Act shall be set by
14rule and are not refundable.
15    All of the fees, fines, and penalties collected under this
16Act shall be deposited into the General Professions Dedicated
17Fund and shall be appropriated to the Department for the
18ordinary and contingent expenses of the Department in the
19administration of this Act.
20(Source: P.A. 92-719, eff. 7-25-02.)
 
21    (225 ILCS 107/65)
22    (Section scheduled to be repealed on January 1, 2013)
23    Sec. 65. Payments; penalty for insufficient funds Checks or
24orders dishonored. Any person who issues or delivers a check or

 

 

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1other order to the Department that is returned to the
2Department unpaid by the financial institution upon which it is
3drawn shall pay to the Department, in addition to the amount
4already owed to the Department, a fine of $50. The fines
5imposed by this Section are in addition to any other discipline
6provided under this Act prohibiting unlicensed practice or
7practice on a nonrenewed license. The Department shall notify
8the person that payment of fees and fines shall be paid to the
9Department by certified check or money order within 30 calendar
10days after notification. If, after the expiration of 30 days
11from the date of the notification, the person has failed to
12submit the necessary remittance, the Department shall
13automatically terminate the license or certification or deny
14the application, without hearing. If, after termination or
15denial, the person seeks a license or certificate, he or she
16shall apply to the Department for restoration or issuance of
17the license or certificate and pay all fees and fines due to
18the Department. The Department may establish a fee for the
19processing of an application for restoration of a license to
20pay all costs and expenses of processing of this application.
21The Secretary Director may waive the fines due under this
22Section in individual cases where the Secretary Director finds
23that the fines would be unnecessarily burdensome.
24(Source: P.A. 92-146, eff. 1-1-02.)
 
25    (225 ILCS 107/75)

 

 

HB4520 Engrossed- 29 -LRB097 19605 CEL 64859 b

1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 75. Privileged communications and exceptions.
3    (a) No licensed professional counselor or licensed
4clinical professional counselor shall disclose any information
5acquired from persons consulting the counselor in a
6professional capacity, except that which may be voluntarily
7disclosed under the following circumstances:
8        (1) In the course of formally reporting, conferring, or
9    consulting with administrative superiors, colleagues, or
10    consultants who share professional responsibility, in
11    which instance all recipients of the information are
12    similarly bound to regard the communication as privileged;
13        (2) With the written consent of the person who provided
14    the information;
15        (3) In the case of death or disability, with the
16    written consent of a personal representative, other person
17    authorized to sue, or the beneficiary of an insurance
18    policy on the person's life, health or physical condition;
19        (4) When a communication reveals the intended
20    commission of a crime or harmful act and such disclosure is
21    judged necessary by the licensed professional counselor or
22    licensed clinical professional counselor to protect any
23    person from a clear, imminent risk of serious mental or
24    physical harm or injury, or to forestall a serious threat
25    to the public safety; or
26        (5) When the person waives the privilege by bringing

 

 

HB4520 Engrossed- 30 -LRB097 19605 CEL 64859 b

1    any public charges against the licensee.
2    (b) When the person is a minor under the laws of the State
3of Illinois and the information acquired by the licensed
4professional counselor or licensed clinical professional
5counselor indicates the minor was the victim or subject of a
6crime, the licensed professional counselor or licensed
7clinical professional counselor may be required to testify in
8any judicial proceedings in which the commission of that crime
9is the subject of inquiry when, after in camera review of the
10information that the licensed professional counselor or
11licensed clinical professional counselor acquired, the court
12determines that the interests of the minor in having the
13information held privileged are outweighed by the requirements
14of justice, the need to protect the public safety or the need
15to protect the minor, except as provided under the Abused and
16Neglected Child Reporting Act.
17    (c) Any person having access to records or anyone who
18participates in providing professional counseling or clinical
19professional counseling services, or, in providing any human
20services, is supervised by a licensed professional counselor or
21licensed clinical professional counselor, is similarly bound
22to regard all information and communications as privileged in
23accord with this Section.
24    (d) Nothing in this Act shall be construed to prohibit a
25licensed professional counselor or licensed clinical
26professional counselor from voluntarily testifying in court

 

 

HB4520 Engrossed- 31 -LRB097 19605 CEL 64859 b

1hearings concerning matters of adoption, child abuse, child
2neglect or other matters pertaining to children, except as
3provided under the Abused and Neglected Child Reporting Act and
4matters pertaining to elders as set forth in the Elder Abuse
5and Neglect Act.
6    (e) The Mental Health and Developmental Disabilities
7Confidentiality Act is incorporated herein as if all of its
8provisions were included in this Act. In the event of a
9conflict between the application of this Section and the Mental
10Health and Developmental Disabilities Confidentiality Act to a
11specific situation, the provisions of the Mental Health and
12Developmental Disabilities Confidentiality Act shall control.
13    (f) Licensed professional counselors and licensed clinical
14professional counselors when performing professional
15counseling services or clinical professional counseling
16services shall comply with counselor licensure rules and laws
17contained in this Section and Section 80 of this Act regardless
18of their employment or work setting.
19(Source: P.A. 87-1011.)
 
20    (225 ILCS 107/80)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 80. Grounds for discipline.
23    (a) The Department may refuse to issue, renew, or may
24revoke, suspend, place on probation, reprimand, or take other
25disciplinary or non-disciplinary action as the Department

 

 

HB4520 Engrossed- 32 -LRB097 19605 CEL 64859 b

1deems appropriate, including the issuance of fines not to
2exceed $10,000 $1000 for each violation, with regard to any
3license for any one or more of the following:
4        (1) Material misstatement in furnishing information to
5    the Department or to any other State agency.
6        (2) Violations or negligent or intentional disregard
7    of this Act, or any of its rules adopted under this Act.
8        (3) Conviction by plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or by
10    sentencing of any crime, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States: (i) that
14    is a felony or (ii) that is a misdemeanor, an essential
15    element of which is dishonesty, or that is directly related
16    to the practice of the profession Conviction of any crime
17    under the laws of the United States or any state or
18    territory thereof that is a felony, or that is a
19    misdemeanor, an essential element of which is dishonesty,
20    or of any crime which is directly related to the practice
21    of the profession.
22        (4) Fraud or Making any misrepresentation in applying
23    for or procuring a license under this Act or in connection
24    with applying for renewal of a license under this Act for
25    the purpose of obtaining a license, or violating any
26    provision of this Act or its rules.

 

 

HB4520 Engrossed- 33 -LRB097 19605 CEL 64859 b

1        (5) Professional incompetence or gross negligence in
2    the rendering of professional counseling or clinical
3    professional counseling services.
4        (6) Malpractice.
5        (7) Aiding or assisting another person in violating any
6    provision of this Act or any rules.
7        (8) Failing to provide information within 60 days in
8    response to a written request made by the Department.
9        (9) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public and violating the rules of
12    professional conduct adopted by the Department.
13        (10) Habitual or excessive use or abuse of drugs as
14    defined in law as controlled substances, alcohol,
15    addiction to alcohol, narcotics, stimulants, or any other
16    substance chemical agent or drug which results in inability
17    to practice with reasonable skill, judgment, or safety.
18        (11) Discipline by another jurisdiction, the District
19    of Columbia, territory, county, or governmental agency, if
20    at least one of the grounds for the discipline is the same
21    or substantially equivalent to those set forth in this
22    Section.
23        (12) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate or other form of compensation
26    for any professional service not actually rendered.

 

 

HB4520 Engrossed- 34 -LRB097 19605 CEL 64859 b

1    Nothing in this paragraph (12) affects any bona fide
2    independent contractor or employment arrangements among
3    health care professionals, health facilities, health care
4    providers, or other entities, except as otherwise
5    prohibited by law. Any employment arrangements may include
6    provisions for compensation, health insurance, pension, or
7    other employment benefits for the provision of services
8    within the scope of the licensee's practice under this Act.
9    Nothing in this paragraph (12) shall be construed to
10    require an employment arrangement to receive professional
11    fees for services rendered.
12        (13) A finding by the Board that the licensee, after
13    having the license placed on probationary status, has
14    violated the terms of probation.
15        (14) Abandonment of a client.
16        (15) Willfully filing false reports relating to a
17    licensee's practice, including but not limited to false
18    records filed with federal or State agencies or
19    departments.
20        (16) Willfully failing to report an instance of
21    suspected child abuse or neglect as required by the Abused
22    and Neglected Child Reporting Act and in matters pertaining
23    to elders or suspected elder abuse as set forth in the
24    Elder Abuse and Neglect Act.
25        (17) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

HB4520 Engrossed- 35 -LRB097 19605 CEL 64859 b

1    pursuant to the Abused and Neglected Child Reporting Act,
2    and upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act.
6        (18) Physical or mental illness or disability,
7    including, but not limited to, deterioration through the
8    aging process or loss of abilities and skills which results
9    in the inability to practice the profession with reasonable
10    judgment, skill, or safety.
11        (19) Solicitation of professional services by using
12    false or misleading advertising.
13        (20) Allowing one's license under this Act to be used
14    by an unlicensed person in violation of this Act Failure to
15    file a return, or to pay the tax, penalty or interest shown
16    in a filed return, or to pay any final assessment of tax,
17    penalty or interest, as required by any tax Act
18    administered by the Illinois Department of Revenue or any
19    successor agency or the Internal Revenue Service or any
20    successor agency.
21        (21) A finding that licensure has been applied for or
22    obtained by fraudulent means.
23        (22) Practicing under a false or, except as provided by
24    law, an assumed name or attempting to practice under a name
25    other than the full name as shown on the license or any
26    other legally authorized name.

 

 

HB4520 Engrossed- 36 -LRB097 19605 CEL 64859 b

1        (23) Gross and willful overcharging for professional
2    services including filing statements for collection of
3    fees or monies for which services are not rendered.
4        (24) Rendering professional counseling or clinical
5    professional counseling services without a license or
6    practicing outside the scope of a license.
7        (25) Clinical supervisors failing to adequately and
8    responsibly monitor supervisees.
9    All fines imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the
11fine.
12    (b) The Department shall deny, without hearing, any
13application or renewal for a license under this Act to any
14person who has defaulted on an educational loan guaranteed by
15the Illinois State Assistance Commission or any governmental
16agency of this State in accordance with item (5) of subsection
17(a) of Section 2105-15 of the Department of Professional
18Regulation Law of the Civil Administrative Code of Illinois ;
19however, the Department may issue a license or renewal if the
20person in default has established a satisfactory repayment
21record as determined by the Illinois Student Assistance
22Commission.
23    (b-5) The Department may refuse to issue or may suspend
24without hearing, as provided for in the Code of Civil
25Procedure, the license of any person who fails to file a
26return, pay the tax, penalty, or interest shown in a filed

 

 

HB4520 Engrossed- 37 -LRB097 19605 CEL 64859 b

1return, or pay any final assessment of the tax, penalty, or
2interest as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied in accordance
5with subsection (g) of Section 2105-15 of the Department of
6Professional Regulation Law of the Civil Administrative Code of
7Illinois.
8    (b-10) In cases where the Department of Healthcare and
9Family Services has previously determined a licensee or a
10potential licensee is more than 30 days delinquent in the
11payment of child support and has subsequently certified the
12delinquency to the Department, the Department may refuse to
13issue or renew or may revoke or suspend that person's license
14or may take other disciplinary action against that person based
15solely upon the certification of delinquency made by the
16Department of Healthcare and Family Services in accordance with
17item (5) of subsection (a) of Section 2105-15 of the Department
18of Professional Regulation Law of the Civil Administrative Code
19of Illinois.
20    (c) The determination by a court that a licensee is subject
21to involuntary admission or judicial admission as provided in
22the Mental Health and Developmental Disabilities Code will
23result in an automatic suspension of his or her license. The
24suspension will end upon a finding by a court that the licensee
25is no longer subject to involuntary admission or judicial
26admission, the issuance of an order so finding and discharging

 

 

HB4520 Engrossed- 38 -LRB097 19605 CEL 64859 b

1the patient, and the recommendation of the Board to the
2Secretary Director that the licensee be allowed to resume
3professional practice.
4    (c-5) In enforcing this Act, the Department, upon a showing
5of a possible violation, may compel an individual licensed to
6practice under this Act, or who has applied for licensure under
7this Act, to submit to a mental or physical examination, or
8both, as required by and at the expense of the Department. The
9Department may order the examining physician to present
10testimony concerning the mental or physical examination of the
11licensee or applicant. No information shall be excluded by
12reason of any common law or statutory privilege relating to
13communications between the licensee or applicant and the
14examining physician. The examining physicians shall be
15specifically designated by the Department. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. The examination shall be performed by a physician
19licensed to practice medicine in all its branches. Failure of
20an individual to submit to a mental or physical examination,
21when directed, shall result in an automatic suspension without
22hearing.
23    A person holding a license under this Act or who has
24applied for a license under this Act who, because of a physical
25or mental illness or disability, including, but not limited to,
26deterioration through the aging process or loss of motor skill,

 

 

HB4520 Engrossed- 39 -LRB097 19605 CEL 64859 b

1is unable to practice the profession with reasonable judgment,
2skill, or safety, may be required by the Department to submit
3to care, counseling, or treatment by physicians approved or
4designated by the Department as a condition, term, or
5restriction for continued, reinstated, or renewed licensure to
6practice. Submission to care, counseling, or treatment as
7required by the Department shall not be considered discipline
8of a license. If the licensee refuses to enter into a care,
9counseling, or treatment agreement or fails to abide by the
10terms of the agreement, the Department may file a complaint to
11revoke, suspend, or otherwise discipline the license of the
12individual. The Secretary may order the license suspended
13immediately, pending a hearing by the Department. Fines shall
14not be assessed in disciplinary actions involving physical or
15mental illness or impairment.
16    In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 15 days after
19the suspension and completed without appreciable delay. The
20Department shall have the authority to review the subject
21individual's record of treatment and counseling regarding the
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25    An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate to

 

 

HB4520 Engrossed- 40 -LRB097 19605 CEL 64859 b

1the Department that he or she can resume practice in compliance
2with acceptable and prevailing standards under the provisions
3of his or her license.
4    (d) (Blank). In enforcing this Section, the Board, upon a
5showing of a possible violation, may compel a licensee or
6applicant to submit to a mental or physical examination, or
7both, as required by and at the expense of the Department. The
8examining physicians or clinical psychologists shall be those
9specifically designated by the Board. The Board or the
10Department may order (i) the examining physician to present
11testimony concerning the mental or physical examination of a
12licensee or applicant or (ii) the examining clinical
13psychologist to present testimony concerning the mental
14examination of a licensee or applicant. No information shall be
15excluded by reason of any common law or statutory privilege
16relating to communications between a licensee or applicant and
17the examining physician or clinical psychologist. An
18individual to be examined may have, at his or her own expense,
19another physician or clinical psychologist of his or her choice
20present during all aspects of the examination. Failure of an
21individual to submit to a mental or physical examination, when
22directed, is grounds for suspension of his or her license. The
23license must remain suspended until the person submits to the
24examination or the Board finds, after notice and hearing, that
25the refusal to submit to the examination was with reasonable
26cause.

 

 

HB4520 Engrossed- 41 -LRB097 19605 CEL 64859 b

1    If the Board finds an individual unable to practice because
2of the reasons set forth in this Section, the Board must
3require the individual to submit to care, counseling, or
4treatment by a physician or clinical psychologist approved by
5the Board, as a condition, term, or restriction for continued,
6reinstated, or renewed licensure to practice. In lieu of care,
7counseling, or treatment, the Board may recommend that the
8Department file a complaint to immediately suspend or revoke
9the license of the individual or otherwise discipline the
10licensee.
11    Any individual whose license was granted, continued,
12reinstated, or renewed subject to conditions, terms, or
13restrictions, as provided for in this Section, or any
14individual who was disciplined or placed on supervision
15pursuant to this Section must be referred to the Director for a
16determination as to whether the person shall have his or her
17license suspended immediately, pending a hearing by the Board.
18(Source: P.A. 96-1482, eff. 11-29-10.)
 
19    (225 ILCS 107/85)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 85. Violations; injunction; cease and desist order.
22    (a) If any person violates the provisions of this Act, the
23Secretary Director may, in the name of the People of the State
24of Illinois, through the Attorney General of the State of
25Illinois or the State's Attorney of the county in which the

 

 

HB4520 Engrossed- 42 -LRB097 19605 CEL 64859 b

1violation is alleged to have occurred, petition for an order
2enjoining the violation or for an order enforcing compliance
3with this Act. Upon the filing of a verified petition, the
4court with appropriate jurisdiction may issue a temporary
5restraining order without notice or bond, and may preliminarily
6and permanently enjoin the violation. If it is established that
7the person has violated or is violating the injunction, the
8court may punish the offender for contempt of court.
9Proceedings under this Section are in addition to all other
10remedies and penalties provided by this Act.
11    (b) If any person holds himself or herself out as being a
12licensed professional counselor or licensed clinical
13professional counselor under this Act and is not licensed to do
14so, then any licensed professional counselor, licensed
15clinical professional counselor, interested party, or any
16person injured thereby may petition for relief as provided in
17subsection (a) of this Section.
18    (c) Whenever, in the opinion of the Department, a person
19violates any provision of this Act, the Department may issue a
20rule to show cause why an order to cease and desist should not
21be entered against that person. The rule shall clearly set
22forth the grounds relied upon by the Department and shall allow
23at least 7 days from the date of the rule to file an answer
24satisfactory to the Department. Failure to answer to the
25satisfaction of the Department shall cause an order to cease
26and desist to be issued.

 

 

HB4520 Engrossed- 43 -LRB097 19605 CEL 64859 b

1(Source: P.A. 87-1011.)
 
2    (225 ILCS 107/90)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 90. Investigations; notice and hearing. The
5Department may investigate the actions of any applicant or any
6person holding or claiming to hold a license. The Department
7shall, before refusing to issue or renew a license or
8disciplining a licensee revoking, suspending, placing on
9probation, reprimanding, or taking any other disciplinary
10action under Section 80 of this Act, at least 30 days prior to
11the date set for the hearing, (i) notify the accused, in
12writing, of any charges made and the time and place for the
13hearing on the charges, (ii) direct him or her to file a
14written answer to the charges with the Board under oath within
1520 days after the service on him or her of the notice, and
16(iii) inform the applicant or licensee accused that failure , if
17he or she fails to file an answer shall result in , default
18being will be taken against the applicant or licensee. At the
19time and place fixed in the notice, the Department shall
20proceed to hear the charges, and the parties or their counsel
21shall be accorded ample opportunity to present any pertinent
22statements, testimony, evidence, and arguments. The Department
23may continue the hearing from time to time. In case the person,
24after receiving the notice, fails to answer, his or her
25license, may, in the discretion of the Department, be revoked,

 

 

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1suspended, placed on probationary status, or the Department may
2take whatever disciplinary action considered proper, including
3limiting the scope, nature, or extent of the person's practice
4or the imposition of a fine, without a hearing, if the act or
5acts charged constitute sufficient grounds for that action
6under the Act. The written notice and any notice in the
7subsequent proceeding may be served by registered or certified
8mail to the licensee's address of record. him or her or that
9his or her license or certificate may be suspended, revoked,
10placed on probationary status, or other disciplinary action
11taken with regard to the license or certificate, including
12limiting the scope, nature, or extent of his or her practice,
13as the Department may deem proper. In case the person, after
14receiving notice, fails to file an answer, his or her license
15may, in the discretion of the Department, be suspended,
16revoked, placed on probationary status, or the Department may
17take whatever disciplinary action deemed proper, including
18limiting the scope, nature, or extent of the person's practice
19or the imposition of a fine, without a hearing, if the act or
20acts charged constitute sufficient grounds for such action
21under this Act. The written notice may be served by personal
22delivery or certified mail to the address specified by the
23accused in his or her last notification to the Department.
24(Source: P.A. 87-1011; 87-1269.)
 
25    (225 ILCS 107/93 new)

 

 

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1    Sec. 93. Confidentiality. All information collected by the
2Department in the course of an examination or investigation of
3a licensee or applicant, including, but not limited to, any
4complaint against a licensee filed with the Department and
5information collected to investigate any such complaint, shall
6be maintained for the confidential use of the Department and
7shall not be disclosed. The Department may not disclose the
8information to anyone other than law enforcement officials,
9other regulatory agencies that have an appropriate regulatory
10interest as determined by the Secretary, or a party presenting
11a lawful subpoena to the Department. Information and documents
12disclosed to a federal, State, county, or local law enforcement
13agency shall not be disclosed by the agency for any purpose to
14any other agency or person. A formal complaint filed against a
15licensee by the Department or any order issued by the
16Department against a licensee or applicant shall be a public
17record, except as otherwise prohibited by law.
 
18    (225 ILCS 107/95)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 95. Record of proceedings; transcript. The
21Department, at its expense, shall preserve a record of all
22proceedings at the formal hearing of any case. The notice of
23hearing, complaint, all other documents in the nature of
24pleadings, written motions filed in the proceedings, the
25transcript of testimony, the report of the Board and orders of

 

 

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1the Department shall be in the record of such proceeding. The
2Department shall furnish a transcript of the record to any
3person interested in the hearing upon payment of the fee
4required under Section 2105-115 of the Department of
5Professional Regulation Law (20 ILCS 2105/2105-115).
6(Source: P.A. 91-239, eff. 1-1-00.)
 
7    (225 ILCS 107/100)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 100. Subpoenas; depositions; oaths. The Department
10has the power to subpoena and to bring before it any person and
11to take the oral or written testimony or compel the production
12of any books, papers, records, or any other documents that the
13Secretary or his or her designee deems relevant or material to
14any investigation or hearing conducted by the Department either
15orally or by deposition, or both, with the same fees and
16mileage and in the same manner as prescribed in civil cases in
17the courts of this State.
18    The Secretary Director, the designated hearing officer,
19any and every member of the Board, or a certified shorthand
20court reporter may has the power to administer oaths to
21witnesses at any hearing which the Department conducts is
22authorized to conduct, and any other oaths authorized in any
23Act administered by the Department. Notwithstanding any other
24statute or Department rules to the contrary, all requests for
25testimony, production of documents, or records shall be in

 

 

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1accordance with this Act.
2(Source: P.A. 87-1011.)
 
3    (225 ILCS 107/105)
4    (Section scheduled to be repealed on January 1, 2013)
5    Sec. 105. Compelling testimony. Any circuit court, upon
6application of the Department, designated hearing officer, or
7the applicant or licensee against whom proceedings under
8Section 80 of this Act are pending, may enter an order
9requiring the attendance of witnesses and their testimony and
10the production of relevant documents, papers, files, books, and
11records in connection with any hearing or investigation. The
12court may compel obedience to its order by proceedings for
13contempt.
14(Source: P.A. 87-1011.)
 
15    (225 ILCS 107/110)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 110. Findings and recommendations. At the conclusion
18of the hearing, the Board shall present to the Secretary
19Director a written report of its findings of fact, conclusions
20of law, and recommendations. The report shall contain a finding
21whether the licensee violated this Act or failed to comply with
22the conditions required in this Act. The Board shall specify
23the nature of the violation or failure to comply, and shall
24make its recommendations to the Secretary Director.

 

 

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1    The report of findings of fact, conclusions of law, and
2recommendation of the Board shall be the basis for the
3Department's order for refusing to issue, restore, or renew a
4license, or otherwise discipline a licensee refusal or for the
5granting of the license. If the Secretary Director disagrees
6with the recommendations of the Board, the Secretary Director
7may issue an order in contravention of the Board
8recommendations. The Director shall provide a written report to
9the Board on any disagreement and shall specify the reasons for
10the action in the final order. The finding is not admissible in
11evidence against the person in a criminal prosecution brought
12for the violation of this Act, but the hearing and findings are
13not a bar to a criminal prosecution brought for the violation
14of this Act.
15(Source: P.A. 87-1011.)
 
16    (225 ILCS 107/115)
17    (Section scheduled to be repealed on January 1, 2013)
18    Sec. 115. Motion for Board; rehearing. In any hearing
19involving the refusal to issue or renew a license, or the
20discipline of a licensee At the conclusion of the hearing, a
21copy of the Board's report shall be served upon the applicant
22or licensee by the Department, either personally or as provided
23in this Act for the service of the notice of hearing. Within 20
24days after such service, the applicant or licensee may present
25to the Department a motion in writing for a rehearing which

 

 

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1shall specify the particular grounds for rehearing. If no
2motion for a rehearing is filed, then upon the expiration of
3the time specified for filing such a motion, or if a motion for
4rehearing is denied, then upon such denial, the Secretary
5Director may enter an order in accordance with recommendations
6of the Board, except as provided in Section 120 of this Act. If
7the applicant or licensee requests and pays for a transcript of
8the record within the time for filing a motion for rehearing,
9the 20-day period within which a motion may be filed shall
10commence upon the delivery of the transcript to the applicant
11or licensee.
12(Source: P.A. 87-1011; 87-1269.)
 
13    (225 ILCS 107/120)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 120. Order for Director; rehearing. Whenever the
16Secretary is not satisfied that substantial Director believes
17justice has not been done in the revocation, suspension or
18refusal to issue or renew a license or the discipline of a
19licensee, the Secretary he or she may order a rehearing by the
20same or other hearing officers.
21(Source: P.A. 87-1011.)
 
22    (225 ILCS 107/125)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 125. Appointment of a hearing officer. The Secretary

 

 

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1Director has the authority to appoint any attorney licensed to
2practice law in the State of Illinois to serve as the hearing
3officer in any action for refusal to issue or renew a license
4or permit or to discipline a licensee. The hearing officer has
5full authority to conduct the hearing. At least one member of
6the Board shall attend each hearing. The hearing officer shall
7report his or her findings of fact, conclusions of law, and
8recommendations to the Board and to the Secretary Director. The
9Board shall have 60 calendar days from receipt of the report to
10review it and to present its findings of fact, conclusions of
11law and recommendation to the Secretary Director. If the Board
12does not present its report within the 60 day period, the
13Secretary Director may issue an order based on the report of
14the hearing officer. If the Secretary Director disagrees with
15the recommendation of the Board or of the hearing officer, the
16Secretary Director may issue an order in contravention of the
17recommendation. The Director shall promptly provide a written
18explanation to the Board on any such disagreement.
19(Source: P.A. 87-1011; 87-1269.)
 
20    (225 ILCS 107/130)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 130. Order or certified copy; prima facie proof. An
23order or certified copy thereof, over the seal of the
24Department and purporting to be signed by the Secretary
25Director, is prima facie proof that:

 

 

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1    (a) the The signature is the genuine signature of the
2Secretary Director; and
3    (b) the Secretary The Director is duly appointed and
4qualified. ; and
5    (c) The Board and the members thereof are qualified to act.
6(Source: P.A. 87-1011.)
 
7    (225 ILCS 107/135)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 135. Restoration of suspended or revoked license from
10discipline. At any time after the successful completion of a
11term of indefinite probation, suspension, or revocation of a
12license, the Department may restore the license to the
13licensee, unless, after an investigation and a hearing, the
14Secretary determines that restoration is not in the public
15interest or that the licensee has not been sufficiently
16rehabilitated to warrant the public trust. No person or entity
17whose license, certificate, or authority has been revoked as
18authorized in this Act may apply for restoration of that
19license, certification, or authority until such time as
20provided for in Article 2105 of the Department of Professional
21Regulation Law of the Civil Administrative Code of Illinois
22suspension or revocation of any license, the Department may
23restore it to the licensee upon the written recommendation of
24the Board, unless after an investigation and hearing the Board
25determines that restoration is not in the public interest.

 

 

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1(Source: P.A. 87-1011.)
 
2    (225 ILCS 107/145)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 145. Summary suspension of license. The Secretary
5Director may summarily suspend the license of a professional
6counselor or a clinical professional counselor without a
7hearing, simultaneously with the institution of proceedings
8for a hearing provided for in Section 90 of this Act, if the
9Secretary Director finds that the evidence in the possession of
10the Director indicates that the continuation of practice by the
11professional counselor or clinical professional counselor
12would constitute an imminent danger to the public. In the event
13that the Secretary Director summarily suspends the license of
14an individual without a hearing, a hearing must be commenced
15held within 30 days after the suspension has occurred and shall
16be concluded as expeditiously as possible.
17(Source: P.A. 87-1011.)
 
18    (225 ILCS 107/155)
19    (Section scheduled to be repealed on January 1, 2013)
20    Sec. 155. Certification of record; costs. The Department
21shall not be required to certify any record to the court, to
22file an answer in court, or to otherwise appear in any court in
23a judicial review proceeding, unless and until the Department
24has received from the plaintiff there is filed in the court,

 

 

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1with the complaint, a receipt from the Department acknowledging
2payment of the costs of furnishing and certifying the record,
3which costs shall be determined by the Department. Exhibits
4shall be certified without cost. Failure on the part of the
5plaintiff to file the receipt in court is grounds for dismissal
6of the action.
7(Source: P.A. 87-1011.)
 
8    (225 ILCS 107/160)
9    (Section scheduled to be repealed on January 1, 2013)
10    Sec. 160. Violations.
11    (a) Unless otherwise specified, any person found to have
12violated any Section provision of this Act other than this
13Section is guilty of a Class A misdemeanor for the first
14offense.
15    (b) Each of the following acts is a Class A misdemeanor for
16the first offense and a Class 4 felony for a second or
17subsequent offense:
18        (1) the making of any willfully false oath or
19    affirmation in any matter or proceeding where an oath or
20    affirmation is required by this Act;
21        (2) using or attempting to use an inactive, suspended,
22    or revoked license or the license of another, impersonating
23    another licensee, or practicing clinical professional
24    counseling or professional counseling as defined by this
25    Act, or using the title "clinical professional counselor"

 

 

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1    or "professional counselor" while one's license is
2    inactive, suspended, or revoked;
3        (3) the practice, attempt to practice, or offer to
4    practice clinical professional counseling or professional
5    counseling as defined by this Act, without the appropriate
6    license; each day of practicing or attempting to practice,
7    and each instance of offering to practice, without the
8    appropriate license constitutes a separate offense;
9        (4) advertising or displaying any sign or card or other
10    device that might indicate to the public that the person or
11    entity is entitled to practice as a licensed professional
12    counselor or licensed clinical professional counselor,
13    unless that person holds an active license as a licensed
14    professional counselor or licensed clinical professional
15    counselor; and
16        (5) obtaining or attempting to obtain a license by
17    fraud.
18(Source: P.A. 87-1011.)
 
19    (225 ILCS 107/165)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 165. Administrative Procedure Act; application. The
22Illinois Administrative Procedure Act is hereby expressly
23adopted and incorporated in this Act as if all of the
24provisions of such Act were included in this Act, except that
25the provisions of subsection (d) of Section 10-65 of the

 

 

HB4520 Engrossed- 55 -LRB097 19605 CEL 64859 b

1Illinois Administrative Procedure Act that provides that at
2hearings the clinical professional counselor or professional
3counselor has the right to show compliance with all lawful
4requirements for retention, continuation, or renewal of the
5license is specifically excluded. For the purposes of this Act
6the notice required under Section 10-25 of the Illinois
7Administrative Procedure Act is deemed sufficient when mailed
8to the last known address of record of a party.
9(Source: P.A. 87-1011.)
 
10    Section 10. The Elder Abuse and Neglect Act is amended by
11changing Section 2 as follows:
 
12    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
13    Sec. 2. Definitions. As used in this Act, unless the
14context requires otherwise:
15    (a) "Abuse" means causing any physical, mental or sexual
16injury to an eligible adult, including exploitation of such
17adult's financial resources.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse, neglect, or self-neglect
20for the sole reason that he or she is being furnished with or
21relies upon treatment by spiritual means through prayer alone,
22in accordance with the tenets and practices of a recognized
23church or religious denomination.
24    Nothing in this Act shall be construed to mean that an

 

 

HB4520 Engrossed- 56 -LRB097 19605 CEL 64859 b

1eligible adult is a victim of abuse because of health care
2services provided or not provided by licensed health care
3professionals.
4    (a-5) "Abuser" means a person who abuses, neglects, or
5financially exploits an eligible adult.
6    (a-7) "Caregiver" means a person who either as a result of
7a family relationship, voluntarily, or in exchange for
8compensation has assumed responsibility for all or a portion of
9the care of an eligible adult who needs assistance with
10activities of daily living.
11    (b) "Department" means the Department on Aging of the State
12of Illinois.
13    (c) "Director" means the Director of the Department.
14    (d) "Domestic living situation" means a residence where the
15eligible adult at the time of the report lives alone or with
16his or her family or a caregiver, or others, or a board and
17care home or other community-based unlicensed facility, but is
18not:
19        (1) A licensed facility as defined in Section 1-113 of
20    the Nursing Home Care Act;
21        (1.5) A facility licensed under the ID/DD Community
22    Care Act;
23        (1.7) A facility licensed under the Specialized Mental
24    Health Rehabilitation Act;
25        (2) A "life care facility" as defined in the Life Care
26    Facilities Act;

 

 

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1        (3) A home, institution, or other place operated by the
2    federal government or agency thereof or by the State of
3    Illinois;
4        (4) A hospital, sanitarium, or other institution, the
5    principal activity or business of which is the diagnosis,
6    care, and treatment of human illness through the
7    maintenance and operation of organized facilities
8    therefor, which is required to be licensed under the
9    Hospital Licensing Act;
10        (5) A "community living facility" as defined in the
11    Community Living Facilities Licensing Act;
12        (6) (Blank);
13        (7) A "community-integrated living arrangement" as
14    defined in the Community-Integrated Living Arrangements
15    Licensure and Certification Act;
16        (8) An assisted living or shared housing establishment
17    as defined in the Assisted Living and Shared Housing Act;
18    or
19        (9) A supportive living facility as described in
20    Section 5-5.01a of the Illinois Public Aid Code.
21    (e) "Eligible adult" means a person 60 years of age or
22older who resides in a domestic living situation and is, or is
23alleged to be, abused, neglected, or financially exploited by
24another individual or who neglects himself or herself.
25    (f) "Emergency" means a situation in which an eligible
26adult is living in conditions presenting a risk of death or

 

 

HB4520 Engrossed- 58 -LRB097 19605 CEL 64859 b

1physical, mental or sexual injury and the provider agency has
2reason to believe the eligible adult is unable to consent to
3services which would alleviate that risk.
4    (f-5) "Mandated reporter" means any of the following
5persons while engaged in carrying out their professional
6duties:
7        (1) a professional or professional's delegate while
8    engaged in: (i) social services, (ii) law enforcement,
9    (iii) education, (iv) the care of an eligible adult or
10    eligible adults, or (v) any of the occupations required to
11    be licensed under the Clinical Psychologist Licensing Act,
12    the Clinical Social Work and Social Work Practice Act, the
13    Illinois Dental Practice Act, the Dietetic and Nutrition
14    Services Practice Act, the Marriage and Family Therapy
15    Licensing Act, the Medical Practice Act of 1987, the
16    Naprapathic Practice Act, the Nurse Practice Act, the
17    Nursing Home Administrators Licensing and Disciplinary
18    Act, the Illinois Occupational Therapy Practice Act, the
19    Illinois Optometric Practice Act of 1987, the Pharmacy
20    Practice Act, the Illinois Physical Therapy Act, the
21    Physician Assistant Practice Act of 1987, the Podiatric
22    Medical Practice Act of 1987, the Respiratory Care Practice
23    Act, the Professional Counselor and Clinical Professional
24    Counselor Licensing and Practice Act, the Illinois
25    Speech-Language Pathology and Audiology Practice Act, the
26    Veterinary Medicine and Surgery Practice Act of 2004, and

 

 

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1    the Illinois Public Accounting Act;
2        (2) an employee of a vocational rehabilitation
3    facility prescribed or supervised by the Department of
4    Human Services;
5        (3) an administrator, employee, or person providing
6    services in or through an unlicensed community based
7    facility;
8        (4) any religious practitioner who provides treatment
9    by prayer or spiritual means alone in accordance with the
10    tenets and practices of a recognized church or religious
11    denomination, except as to information received in any
12    confession or sacred communication enjoined by the
13    discipline of the religious denomination to be held
14    confidential;
15        (5) field personnel of the Department of Healthcare and
16    Family Services, Department of Public Health, and
17    Department of Human Services, and any county or municipal
18    health department;
19        (6) personnel of the Department of Human Services, the
20    Guardianship and Advocacy Commission, the State Fire
21    Marshal, local fire departments, the Department on Aging
22    and its subsidiary Area Agencies on Aging and provider
23    agencies, and the Office of State Long Term Care Ombudsman;
24        (7) any employee of the State of Illinois not otherwise
25    specified herein who is involved in providing services to
26    eligible adults, including professionals providing medical

 

 

HB4520 Engrossed- 60 -LRB097 19605 CEL 64859 b

1    or rehabilitation services and all other persons having
2    direct contact with eligible adults;
3        (8) a person who performs the duties of a coroner or
4    medical examiner; or
5        (9) a person who performs the duties of a paramedic or
6    an emergency medical technician.
7    (g) "Neglect" means another individual's failure to
8provide an eligible adult with or willful withholding from an
9eligible adult the necessities of life including, but not
10limited to, food, clothing, shelter or health care. This
11subsection does not create any new affirmative duty to provide
12support to eligible adults. Nothing in this Act shall be
13construed to mean that an eligible adult is a victim of neglect
14because of health care services provided or not provided by
15licensed health care professionals.
16    (h) "Provider agency" means any public or nonprofit agency
17in a planning and service area appointed by the regional
18administrative agency with prior approval by the Department on
19Aging to receive and assess reports of alleged or suspected
20abuse, neglect, or financial exploitation.
21    (i) "Regional administrative agency" means any public or
22nonprofit agency in a planning and service area so designated
23by the Department, provided that the designated Area Agency on
24Aging shall be designated the regional administrative agency if
25it so requests. The Department shall assume the functions of
26the regional administrative agency for any planning and service

 

 

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1area where another agency is not so designated.
2    (i-5) "Self-neglect" means a condition that is the result
3of an eligible adult's inability, due to physical or mental
4impairments, or both, or a diminished capacity, to perform
5essential self-care tasks that substantially threaten his or
6her own health, including: providing essential food, clothing,
7shelter, and health care; and obtaining goods and services
8necessary to maintain physical health, mental health,
9emotional well-being, and general safety. The term includes
10compulsive hoarding, which is characterized by the acquisition
11and retention of large quantities of items and materials that
12produce an extensively cluttered living space, which
13significantly impairs the performance of essential self-care
14tasks or otherwise substantially threatens life or safety.
15    (j) "Substantiated case" means a reported case of alleged
16or suspected abuse, neglect, financial exploitation, or
17self-neglect in which a provider agency, after assessment,
18determines that there is reason to believe abuse, neglect, or
19financial exploitation has occurred.
20(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
21eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
22eff. 1-1-12; 97-300, eff. 8-11-11; revised 10-4-11.)
 
23    Section 15. The Unified Code of Corrections is amended by
24changing Section 5-5-5 as follows:
 

 

 

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1    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
2    Sec. 5-5-5. Loss and Restoration of Rights.
3    (a) Conviction and disposition shall not entail the loss by
4the defendant of any civil rights, except under this Section
5and Sections 29-6 and 29-10 of The Election Code, as now or
6hereafter amended.
7    (b) A person convicted of a felony shall be ineligible to
8hold an office created by the Constitution of this State until
9the completion of his sentence.
10    (c) A person sentenced to imprisonment shall lose his right
11to vote until released from imprisonment.
12    (d) On completion of sentence of imprisonment or upon
13discharge from probation, conditional discharge or periodic
14imprisonment, or at any time thereafter, all license rights and
15privileges granted under the authority of this State which have
16been revoked or suspended because of conviction of an offense
17shall be restored unless the authority having jurisdiction of
18such license rights finds after investigation and hearing that
19restoration is not in the public interest. This paragraph (d)
20shall not apply to the suspension or revocation of a license to
21operate a motor vehicle under the Illinois Vehicle Code.
22    (e) Upon a person's discharge from incarceration or parole,
23or upon a person's discharge from probation or at any time
24thereafter, the committing court may enter an order certifying
25that the sentence has been satisfactorily completed when the
26court believes it would assist in the rehabilitation of the

 

 

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1person and be consistent with the public welfare. Such order
2may be entered upon the motion of the defendant or the State or
3upon the court's own motion.
4    (f) Upon entry of the order, the court shall issue to the
5person in whose favor the order has been entered a certificate
6stating that his behavior after conviction has warranted the
7issuance of the order.
8    (g) This Section shall not affect the right of a defendant
9to collaterally attack his conviction or to rely on it in bar
10of subsequent proceedings for the same offense.
11    (h) No application for any license specified in subsection
12(i) of this Section granted under the authority of this State
13shall be denied by reason of an eligible offender who has
14obtained a certificate of relief from disabilities, as defined
15in Article 5.5 of this Chapter, having been previously
16convicted of one or more criminal offenses, or by reason of a
17finding of lack of "good moral character" when the finding is
18based upon the fact that the applicant has previously been
19convicted of one or more criminal offenses, unless:
20        (1) there is a direct relationship between one or more
21    of the previous criminal offenses and the specific license
22    sought; or
23        (2) the issuance of the license would involve an
24    unreasonable risk to property or to the safety or welfare
25    of specific individuals or the general public.
26    In making such a determination, the licensing agency shall

 

 

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1consider the following factors:
2        (1) the public policy of this State, as expressed in
3    Article 5.5 of this Chapter, to encourage the licensure and
4    employment of persons previously convicted of one or more
5    criminal offenses;
6        (2) the specific duties and responsibilities
7    necessarily related to the license being sought;
8        (3) the bearing, if any, the criminal offenses or
9    offenses for which the person was previously convicted will
10    have on his or her fitness or ability to perform one or
11    more such duties and responsibilities;
12        (4) the time which has elapsed since the occurrence of
13    the criminal offense or offenses;
14        (5) the age of the person at the time of occurrence of
15    the criminal offense or offenses;
16        (6) the seriousness of the offense or offenses;
17        (7) any information produced by the person or produced
18    on his or her behalf in regard to his or her rehabilitation
19    and good conduct, including a certificate of relief from
20    disabilities issued to the applicant, which certificate
21    shall create a presumption of rehabilitation in regard to
22    the offense or offenses specified in the certificate; and
23        (8) the legitimate interest of the licensing agency in
24    protecting property, and the safety and welfare of specific
25    individuals or the general public.
26    (i) A certificate of relief from disabilities shall be

 

 

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1issued only for a license or certification issued under the
2following Acts:
3        (1) the Animal Welfare Act; except that a certificate
4    of relief from disabilities may not be granted to provide
5    for the issuance or restoration of a license under the
6    Animal Welfare Act for any person convicted of violating
7    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
8    Care for Animals Act or Section 26-5 of the Criminal Code
9    of 1961;
10        (2) the Illinois Athletic Trainers Practice Act;
11        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
12    and Nail Technology Act of 1985;
13        (4) the Boiler and Pressure Vessel Repairer Regulation
14    Act;
15        (5) the Boxing and Full-contact Martial Arts Act;
16        (6) the Illinois Certified Shorthand Reporters Act of
17    1984;
18        (7) the Illinois Farm Labor Contractor Certification
19    Act;
20        (8) the Interior Design Title Act;
21        (9) the Illinois Professional Land Surveyor Act of
22    1989;
23        (10) the Illinois Landscape Architecture Act of 1989;
24        (11) the Marriage and Family Therapy Licensing Act;
25        (12) the Private Employment Agency Act;
26        (13) the Professional Counselor and Clinical

 

 

HB4520 Engrossed- 66 -LRB097 19605 CEL 64859 b

1    Professional Counselor Licensing and Practice Act;
2        (14) the Real Estate License Act of 2000;
3        (15) the Illinois Roofing Industry Licensing Act;
4        (16) the Professional Engineering Practice Act of
5    1989;
6        (17) the Water Well and Pump Installation Contractor's
7    License Act;
8        (18) the Electrologist Licensing Act;
9        (19) the Auction License Act;
10        (20) the Illinois Architecture Practice Act of 1989;
11        (21) the Dietetic and Nutrition Services Practice Act;
12        (22) the Environmental Health Practitioner Licensing
13    Act;
14        (23) the Funeral Directors and Embalmers Licensing
15    Code;
16        (24) the Land Sales Registration Act of 1999;
17        (25) the Professional Geologist Licensing Act;
18        (26) the Illinois Public Accounting Act; and
19        (27) the Structural Engineering Practice Act of 1989.
20(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.