Full Text of SB4013 102nd General Assembly
SB4013eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.33 and 4.38 as follows: | 6 | | (5 ILCS 80/4.33) | 7 | | Sec. 4.33. Acts repealed on January 1,
2023. The following | 8 | | Acts are
repealed on January 1, 2023: | 9 | | The Dietitian Nutritionist Practice Act. | 10 | | The Elevator Safety and Regulation Act.
| 11 | | The Fire Equipment Distributor and Employee Regulation Act | 12 | | of 2011. | 13 | | The Funeral Directors and Embalmers Licensing Code. | 14 | | The Naprapathic Practice Act. | 15 | | The Pharmacy Practice Act. | 16 | | The Professional Counselor and Clinical Professional | 17 | | Counselor
Licensing and Practice Act. | 18 | | The Wholesale Drug Distribution Licensing Act. | 19 | | (Source: P.A. 101-621, eff. 12-20-19.) | 20 | | (5 ILCS 80/4.38) | 21 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 22 | | Acts are repealed on January 1, 2028: |
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| 1 | | The Acupuncture Practice Act. | 2 | | The Clinical Social Work and Social Work Practice Act. | 3 | | The Home Medical Equipment and Services Provider License | 4 | | Act. | 5 | | The Illinois Petroleum Education and Marketing Act. | 6 | | The Illinois Speech-Language Pathology and Audiology | 7 | | Practice Act. | 8 | | The Interpreter for the Deaf Licensure Act of 2007. | 9 | | The Nurse Practice Act. | 10 | | The Nursing Home Administrators Licensing and Disciplinary | 11 | | Act. | 12 | | The Physician Assistant Practice Act of 1987. | 13 | | The Podiatric Medical Practice Act of 1987.
| 14 | | The Professional Counselor and Clinical Professional | 15 | | Counselor
Licensing and Practice Act. | 16 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | 17 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 18 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 19 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 20 | | Section 10. The Professional Counselor and Clinical | 21 | | Professional Counselor
Licensing and Practice Act is amended | 22 | | by changing Sections 10, 15, 18, 20, 25, 30, 45, 50, 80, 90, | 23 | | 100, 110, 130, 155, and 165 and by adding Section 11 as | 24 | | follows:
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| 1 | | (225 ILCS 107/10)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 10. Definitions. As used in this Act:
| 4 | | "Address of record" means the designated address recorded | 5 | | by the Department in the applicant's or licensee's application | 6 | | file or license file as maintained by the Department's | 7 | | licensure maintenance unit. It is the duty of the applicant or | 8 | | licensee to inform the Department of any change of address and | 9 | | those changes must be made either through the Department's | 10 | | website or by contacting the Department. | 11 | | "Email address of record" means the designated email | 12 | | address recorded by the Department in the applicant's | 13 | | application file or the licensee's license file, as maintained | 14 | | by the Department's licensure maintenance unit. | 15 | | "Department" means the Department of Financial and | 16 | | Professional Regulation.
| 17 | | "Board" means the Professional Counselor Licensing and | 18 | | Disciplinary
Board as appointed by the Secretary.
| 19 | | "Person" means an individual, association, partnership, or
| 20 | | corporation.
| 21 | | "Professional counseling" means the provision of services | 22 | | to
individuals, couples, groups, families, and organizations | 23 | | in any one or
more of the fields of professional counseling. | 24 | | "Professional counseling" includes the therapeutic process of: | 25 | | (i) conducting assessments and diagnosing for the purpose of | 26 | | establishing treatment goals and objectives and (ii) planning, |
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| 1 | | implementing, and evaluating treatment plans using treatment | 2 | | interventions to facilitate human development and to identify | 3 | | and remediate mental, emotional, or behavioral disorders and | 4 | | associated distresses that interfere with mental health.
| 5 | | Professional counseling may also include clinical | 6 | | professional
counseling as long as it is not conducted in | 7 | | independent private practice
as defined in this Act.
| 8 | | "Clinical professional counseling" means the provision of
| 9 | | professional counseling and mental health services, which | 10 | | includes, but is
not limited to, the application of clinical | 11 | | counseling theory and
techniques to prevent and alleviate | 12 | | mental and emotional disorders and
psychopathology and to | 13 | | promote optimal mental health, rehabilitation,
treatment, | 14 | | testing, assessment, and evaluation. "Clinical professional | 15 | | counseling" may include the practice of professional | 16 | | counseling as defined in this Act. It also includes
clinical | 17 | | counseling and psychotherapy in a professional relationship to
| 18 | | assist individuals, couples, families, groups, and | 19 | | organizations to
alleviate emotional disorders, to understand | 20 | | conscious and unconscious
motivation, to resolve emotional, | 21 | | relationship, and attitudinal conflicts,
and to modify | 22 | | behaviors that interfere with effective emotional, social,
| 23 | | adaptive, and intellectual functioning.
| 24 | | "Licensed professional counselor" and "professional | 25 | | counselor" means
a person who holds a license authorizing the | 26 | | practice of professional
counseling as defined in this Act.
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| 1 | | "Licensed clinical professional counselor" and "clinical
| 2 | | professional counselor" means a person who holds
a license | 3 | | authorizing the independent practice of clinical professional
| 4 | | counseling in private practice as defined in this Act.
| 5 | | "Independent private practice of clinical professional | 6 | | counseling" means the
application of clinical professional | 7 | | counseling knowledge and skills by a
licensed clinical | 8 | | professional counselor who regulates and is responsible
for | 9 | | her or his own practice or treatment procedures.
| 10 | | "Clinical supervision" or "supervision" means the | 11 | | experience is under the order, control, and full professional | 12 | | responsibility of a supervisor who reviews review of aspects | 13 | | of
counseling and case
management in a face-to-face meeting | 14 | | with the person under supervision. "Face-to-face" means the | 15 | | session is live, interactive, and visual. Video is considered | 16 | | face-to-face if the session is synchronous and involves verbal | 17 | | and visual interaction during supervision.
| 18 | | "Qualified supervisor" or "qualified clinical supervisor" | 19 | | means any
person who is a licensed clinical
professional | 20 | | counselor, licensed clinical social worker, licensed clinical
| 21 | | psychologist, psychiatrist as defined in Section 1-121 of the | 22 | | Mental Health and
Developmental Disabilities Code, or other | 23 | | supervisor as defined by
rule. A qualified supervisor may be | 24 | | provided at the applicant's place of work,
or may be hired by | 25 | | the applicant to provide supervision.
| 26 | | "License" means that which is required to practice |
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| 1 | | professional
counseling or clinical professional counseling as | 2 | | defined in this Act.
| 3 | | "Secretary" means the Secretary of Financial and | 4 | | Professional Regulation. | 5 | | "Volunteer" means a person performing services without | 6 | | compensation for a nonprofit organization, a nonprofit | 7 | | corporation, a hospital, a governmental entity, or a private | 8 | | business, other than reimbursement for actual expenses | 9 | | incurred. "Volunteer" includes a person serving as a director, | 10 | | officer, trustee, or direct service volunteer. | 11 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 12 | | (225 ILCS 107/11 new) | 13 | | Sec. 11. Address of record; email address of record. All | 14 | | applicants and licensees shall: | 15 | | (1) provide a valid address and email address to the | 16 | | Department, which shall serve as the address of record and | 17 | | email address of record, respectively, at the time of | 18 | | application for licensure or renewal of a license; and | 19 | | (2) inform the Department of any change of address
of | 20 | | record or email address of record within 14 days after | 21 | | such change either through the Department's website or by | 22 | | contacting the Department's licensure maintenance unit.
| 23 | | (225 ILCS 107/15)
| 24 | | (Section scheduled to be repealed on January 1, 2023)
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| 1 | | Sec. 15. Exemptions.
| 2 | | (a) This Act does not prohibit any persons legally | 3 | | regulated in this
State by any other Act from engaging in the | 4 | | practice for which they are
authorized as long as they do not | 5 | | represent themselves by the title of
"professional counselor", | 6 | | "licensed professional counselor", "clinical
professional | 7 | | counselor", or "licensed clinical professional counselor".
| 8 | | This Act does not prohibit the practice of nonregulated | 9 | | professions whose
practitioners are engaged in the delivery of | 10 | | human services as long as
these practitioners do not represent | 11 | | themselves as or use the title of
"professional counselor", | 12 | | "licensed professional counselor", "clinical
professional | 13 | | counselor", or "licensed clinical professional counselor".
| 14 | | (b) Nothing in this Act shall be construed to limit the | 15 | | activities and
services of a student, intern, or resident in | 16 | | professional counseling or
clinical professional counseling | 17 | | seeking to fulfill educational requirements in
order to | 18 | | qualify for a license under this Act
if (i) these activities | 19 | | and services constitute a part of the student's
supervised | 20 | | course of study, (ii) the activities and services are not | 21 | | conducted in an independent
practice, as defined in this
Act,
| 22 | | (iii) the activities and services are supervised as
specified | 23 | | in this Act, and (iv) the student, intern, or resident
is | 24 | | designated by a title "intern" or "resident" or other | 25 | | designation of
trainee status. Nothing contained in this | 26 | | Section shall be construed
to permit students, interns, or |
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| 1 | | residents to offer their services as
professional counselors | 2 | | or clinical professional counselors to any other
person, other | 3 | | than as specifically
excepted in this Section, unless they | 4 | | have been licensed under this Act.
| 5 | | (b-5) Nothing in this Act shall be construed to limit the | 6 | | activities and services of individuals seeking to fulfill | 7 | | post-degree experience requirements in order to qualify for | 8 | | licensing as a clinical professional counselor under this Act, | 9 | | so long as the individual is not engaged in the independent | 10 | | private practice of clinical professional counseling as | 11 | | defined in this Act, and is in compliance with all applicable | 12 | | regulations regarding supervision including, but not limited | 13 | | to, the requirement that the supervised experience must be | 14 | | under the order, control, and full professional responsibility | 15 | | of their supervisor. The Department may, by rule, adopt | 16 | | further limitations on individuals practicing under this | 17 | | subsection. | 18 | | (c) Corporations, partnerships, and associations may | 19 | | employ practicum
students, interns, or post-degree candidates | 20 | | seeking to fulfill educational
requirements or the | 21 | | professional experience requirements needed to qualify
for a | 22 | | license under this Act if their activities and services
| 23 | | constitute a part of the student's supervised course of study | 24 | | or
post-degree professional experience requirements. Nothing | 25 | | in this paragraph
shall prohibit a corporation, partnership, | 26 | | or association from contracting
with a licensed health care |
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| 1 | | professional to provide services that they are
licensed to | 2 | | provide.
| 3 | | (d) Nothing in this Act shall prevent the employment, by a | 4 | | professional
counselor or clinical professional counselor, | 5 | | person, association,
partnership, or a corporation furnishing | 6 | | professional counseling or
clinical professional counseling | 7 | | services for remuneration, of persons not
licensed as | 8 | | professional counselors or clinical professional counselors
| 9 | | under this Act to perform services in various capacities as | 10 | | needed if these
persons are not in any manner held out to the | 11 | | public or do not hold themselves
out to the public by any title | 12 | | or designation stating or implying that they are
professional | 13 | | counselors or clinical professional counselors.
| 14 | | (e) Nothing in this Act shall be construed to limit the | 15 | | services of a
person, not licensed under the provisions of | 16 | | this Act, in the employ of a
federal, State, county, or | 17 | | municipal agency or other political subdivision or
| 18 | | not-for-profit corporation providing human services if (1) the | 19 | | services are a
part of the duties in his or her salaried | 20 | | position, (2) the services are
performed solely on behalf of | 21 | | his or her employer, and (3) that person does not
in any manner | 22 | | represent himself or herself as or use the title of | 23 | | "professional
counselor", "licensed professional counselor", | 24 | | "clinical professional
counselor", or "licensed clinical | 25 | | professional counselor".
| 26 | | (f) Duly recognized members of any religious organization |
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| 1 | | shall not be
restricted from functioning in their ministerial | 2 | | capacity provided they do
not represent themselves as being | 3 | | professional counselors or clinical
professional counselors, | 4 | | or as providing "professional counseling" or
"clinical | 5 | | professional counseling". This Act shall not apply or be
| 6 | | construed so as to apply to the employees or agents of a church | 7 | | or
religious organization or an organization owned, | 8 | | controlled, or affiliated
with a church or religious | 9 | | organization, unless the church, religious
organization, or | 10 | | owned, controlled, or affiliated organization designates or
| 11 | | holds these employees or agents out to the public as | 12 | | professional
counselors or clinical professional counselors or | 13 | | holds out their services
as being "professional counseling" or | 14 | | "clinical professional counseling".
| 15 | | (g) Nothing in this Act shall prohibit individuals not | 16 | | licensed under
the provisions of this Act who work in | 17 | | self-help groups or programs or
not-for-profit organizations | 18 | | from providing services in those groups,
programs, or | 19 | | organizations, as long as those persons are not in any
manner | 20 | | held out to the public as practicing professional counseling | 21 | | or
clinical professional counseling, or do not hold themselves | 22 | | out to the
public by any title or designation stating or | 23 | | implying that
they are professional counselors or clinical | 24 | | professional counselors.
| 25 | | (h) Nothing in this Act shall be construed to limit the | 26 | | activities and
use of the official title of "professional |
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| 1 | | counselor" or "clinical
professional counselor" on the part of | 2 | | a person
not licensed under this Act who is an academic | 3 | | employee of a duly chartered
institution of higher education | 4 | | and who holds educational and professional
qualifications | 5 | | equivalent to those required for licensing under this Act,
| 6 | | insofar as such activities are performed in the person's role | 7 | | as an
academic employee, or insofar as such person engages in | 8 | | public speaking
with or without remuneration.
| 9 | | (i) Nothing in this Act shall be construed to require | 10 | | licensure under
this Act or limit the services of a school | 11 | | counselor licensed certified by the Illinois State Board of | 12 | | Education State
Teacher Certification Board and employed as | 13 | | authorized by Section
10-22-24a or any other provision of the | 14 | | School Code as long as that person is
not in any manner held | 15 | | out to the public as a "professional counselor" or
"clinical | 16 | | professional counselor" or does not hold out his or her | 17 | | services as
being "professional counseling" or "clinical | 18 | | professional counseling".
| 19 | | (j) Nothing in this Act shall be construed to require any | 20 | | hospital,
clinic, home health agency, hospice, or other entity | 21 | | that provides health
care to employ or to contract with a | 22 | | person licensed under this Act to provide
professional | 23 | | counseling or clinical professional counseling services. These
| 24 | | persons may not hold themselves out or represent themselves to | 25 | | the public as
being licensed under this Act.
| 26 | | (k) Nothing in this Act shall be construed to require |
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| 1 | | licensure under
this Act or limit the services of a person | 2 | | employed by a private elementary
or secondary school who | 3 | | provides counseling within the scope of his or her
employment | 4 | | as long as that person is not in any manner held out to the | 5 | | public
as a "professional counselor" or "clinical professional | 6 | | counselor" or does not
hold out his or her services as being | 7 | | "professional counseling" or "clinical
professional | 8 | | counseling".
| 9 | | (l) Nothing in this Act shall be construed to require | 10 | | licensure under
this Act or limit the services of a rape crisis | 11 | | counselor who is an
employee or volunteer of a rape crisis | 12 | | organization as defined in Section
8-802.1 of the Code of | 13 | | Civil Procedure as long as that person is not in any
manner | 14 | | held out to the public as a "professional counselor" or | 15 | | "clinical
professional counselor" or does not hold out his or | 16 | | her services as being
"professional counseling" or "clinical | 17 | | professional counseling".
| 18 | | (m) Nothing in this Act shall be construed to prevent any | 19 | | licensed social
worker, licensed clinical social worker, or | 20 | | licensed clinical psychologist from
practicing professional | 21 | | counseling as long as that person is not in any manner
held out | 22 | | to the public as a "professional counselor" or "clinical | 23 | | professional
counselor" or does not hold out his or her | 24 | | services as being "professional
counseling" or "clinical | 25 | | professional counseling".
| 26 | | (n) Nothing in this Act shall be construed to limit the |
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| 1 | | activities and use
of the official title of "professional | 2 | | counselor" or "clinical professional
counselor" on the part of | 3 | | a person not licensed under this Act who is a
physician | 4 | | licensed to practice medicine in all of its branches under the
| 5 | | Medical Practice Act of 1987.
| 6 | | (o) Nothing in this Act shall be construed to require | 7 | | licensure under this
Act or limit the services of a domestic | 8 | | violence counselor who is an employee
or volunteer of a | 9 | | domestic violence program as defined in Section 227 of the
| 10 | | Illinois Domestic Violence Act of 1986.
| 11 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 12 | | (225 ILCS 107/18) | 13 | | (Section scheduled to be repealed on January 1, 2023) | 14 | | Sec. 18. Provision of clinical services by licensed | 15 | | professional counselors; scope of practice. | 16 | | (a) Licensed professional counselors may not engage in the | 17 | | independent practice of clinical professional counseling | 18 | | without a clinical professional counselor license. | 19 | | (b) In an independent private practice, a licensed | 20 | | professional counselor must practice at all times under the | 21 | | order, control, and full professional responsibility of a | 22 | | licensed clinical professional counselor, a licensed clinical | 23 | | social worker, a licensed clinical psychologist, or a | 24 | | psychiatrist as defined in Section 1-121 of the Mental Health | 25 | | and Developmental Disabilities Code. |
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| 1 | | (c) When providing clinical professional counseling as set | 2 | | forth in this Act, a licensed professional counselor may not | 3 | | represent himself or herself as a sole or independent | 4 | | practitioner and may not use the title "clinical professional | 5 | | counselor" or "licensed clinical professional counselor". A | 6 | | licensed professional counselor providing clinical | 7 | | professional counseling shall always operate and represent | 8 | | himself or herself as providing services through or as a part | 9 | | of a group practice or through a clinical supervisor's | 10 | | practice, and the licensed professional counselor shall have | 11 | | no ownership interest in either type of practice. Licensed | 12 | | professional counselors providing clinical services shall | 13 | | provide the name and contact information of the licensed | 14 | | professional counselor's supervisor to all clients. | 15 | | (d) (Blank). Nothing in this Act shall be construed to | 16 | | limit licensed professional counselors from owning or engaging | 17 | | in sole or other type of practice or from using the title | 18 | | "licensed professional counselor" or "professional counselor" | 19 | | when providing social services that do not fall within the | 20 | | definition of professional counseling or clinical professional | 21 | | counseling as set forth in this Act. | 22 | | (e) The Department may adopt rules necessary to implement | 23 | | this Section.
| 24 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 25 | | (225 ILCS 107/20)
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| 1 | | (Section scheduled to be repealed on January 1, 2023)
| 2 | | Sec. 20. Restrictions and limitations.
| 3 | | (a) No person shall, without a valid license as a | 4 | | professional
counselor issued by the Department: (i) in any | 5 | | manner hold himself or
herself out to the public as a | 6 | | professional counselor
under this Act; (ii) attach the title | 7 | | "professional counselor" , or "licensed
professional
| 8 | | counselor" , or use the credential "L.P.C." ; or (iii) offer to | 9 | | render or render to individuals,
corporations, or the public | 10 | | professional counseling services.
| 11 | | (b) No person shall, without a valid license as a clinical | 12 | | professional
counselor issued by the Department: (i) in any | 13 | | manner hold himself or
herself out to the public as a clinical | 14 | | professional counselor or licensed
clinical professional | 15 | | counselor
under this Act; (ii) attach the title "clinical | 16 | | professional counselor" , or
"licensed clinical professional
| 17 | | counselor" , or use the credential "L.P.C." ; or (iii) offer to | 18 | | render to individuals, corporations, or the
public clinical | 19 | | professional counseling services.
| 20 | | (c) (Blank).
| 21 | | (d) No association, limited liability company, | 22 | | professional limited liability company, or partnership shall | 23 | | provide, attempt to provide, or offer to provide
clinical | 24 | | professional counseling or professional counseling services | 25 | | unless
every member, partner, and employee of the association, | 26 | | limited liability company, professional limited liability |
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| 1 | | company, or partnership who
practices professional counseling | 2 | | or clinical professional counseling
or who renders | 3 | | professional counseling or clinical
professional counseling | 4 | | services holds a currently
valid license issued under this | 5 | | Act. No business shall provide, attempt to provide, or offer | 6 | | to provide professional counseling or
clinical professional | 7 | | counseling services unless it is organized under the
| 8 | | Professional Service Corporation Act or Professional Limited | 9 | | Liability Company Act.
| 10 | | (d-5) Nothing in this Act shall preclude individuals | 11 | | licensed under this Act from practicing directly or indirectly | 12 | | for a physician licensed to practice medicine in all its | 13 | | branches under the Medical Practice Act of 1987 or for any | 14 | | legal entity as provided under subsection (c) of Section 22.2 | 15 | | of the Medical Practice Act of 1987. | 16 | | (e) Nothing in this Act shall be construed as permitting | 17 | | persons
licensed as professional counselors or clinical | 18 | | professional counselors to
engage in any manner in the | 19 | | practice of medicine in all its branches as defined
by law in | 20 | | this State.
| 21 | | (f) When, in the course of providing professional | 22 | | counseling or clinical
professional counseling services to any | 23 | | person, a professional counselor or
clinical professional | 24 | | counselor licensed under this Act finds indication of
a | 25 | | disease or condition that in his or her professional judgment | 26 | | requires
professional service outside the scope of practice as |
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| 1 | | defined in this Act,
he or she shall refer that person to a | 2 | | physician licensed to practice
medicine in all of its branches | 3 | | or another appropriate health care
practitioner.
| 4 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 5 | | (225 ILCS 107/25)
| 6 | | (Section scheduled to be repealed on January 1, 2023)
| 7 | | Sec. 25. Powers and duties of the Department. Subject to | 8 | | the
provisions of this Act, the Department may:
| 9 | | (a) Authorize examinations to ascertain the qualifications | 10 | | and fitness
of applicants for licensing as professional | 11 | | counselors or clinical
professional counselors and pass upon | 12 | | the qualifications of applicants for
licensure by endorsement.
| 13 | | (b) Conduct hearings on proceedings to refuse to issue or | 14 | | renew or to
revoke licenses or suspend, place on probation, | 15 | | censure, or reprimand or take any other disciplinary or | 16 | | non-disciplinary action with regard to a person
licensed under | 17 | | this Act.
| 18 | | (c) Formulate rules and regulations required for the | 19 | | administration of this
Act.
| 20 | | (d) (Blank). Maintain rosters of the names and addresses | 21 | | of all licensees, and
all persons whose licenses have been | 22 | | suspended, revoked, or denied renewal
for cause within the | 23 | | previous calendar year. These rosters shall be
available upon | 24 | | written request and payment of the required fee.
| 25 | | (e) Establish rules for determining approved
graduate |
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| 1 | | professional counseling,
clinical professional counseling, | 2 | | psychology, rehabilitation counseling and
similar programs.
| 3 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 4 | | (225 ILCS 107/30) (from Ch. 111, par. 8451-30)
| 5 | | (Section scheduled to be repealed on January 1, 2023)
| 6 | | Sec. 30. Professional Counselor Licensing and Disciplinary | 7 | | Board.
| 8 | | (a) The Secretary shall appoint a Board which shall serve | 9 | | in an advisory
capacity to the Secretary. The Board shall | 10 | | consist of 7 persons, one 2 of whom is
are licensed solely as a | 11 | | professional counselor counselors , 4 3 of whom are licensed
| 12 | | solely as clinical professional counselors, one full-time | 13 | | faculty member of an
accredited college or university that is | 14 | | engaged in training professional
counselors or clinical | 15 | | professional counselors who possesses the qualifications
| 16 | | substantially equivalent to the education and experience | 17 | | requirements for a
professional counselor or clinical | 18 | | professional counselor, and one member of
the public who is | 19 | | not a licensed health care provider . In appointing members of
| 20 | | the Board, the Secretary shall give due consideration to the | 21 | | adequate
representation of the various fields of counseling. | 22 | | In appointing members of
the Board, the Secretary shall give | 23 | | due consideration to recommendations by
members of the | 24 | | professions of professional counseling and clinical | 25 | | professional
counseling, the Statewide organizations |
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| 1 | | representing the interests of
professional counselors and | 2 | | clinical professional counselors, organizations
representing | 3 | | the interests of academic programs, rehabilitation counseling
| 4 | | programs, and approved counseling programs in the State of | 5 | | Illinois.
| 6 | | (b) Members shall be appointed for and shall serve 4 year | 7 | | terms and
until their successors are appointed and qualified. | 8 | | No member of the Board shall serve more than 2 full consecutive | 9 | | terms. Any
appointment to fill a vacancy shall be for the | 10 | | unexpired portion of the term.
| 11 | | (c) The membership of the Board should reasonably reflect | 12 | | representation
from different geographic areas of Illinois.
| 13 | | (d) (Blank).
| 14 | | (e) The Secretary shall have the authority to remove or | 15 | | suspend any member for cause at any time prior to
the | 16 | | expiration of his or her term. The Secretary shall be the sole | 17 | | arbiter of cause.
| 18 | | (f) The Board shall annually elect one of its members as | 19 | | chairperson.
| 20 | | (g) The members of the Board shall be reimbursed for all | 21 | | legitimate,
necessary, and authorized expenses incurred in | 22 | | attending the meetings of
the Board.
| 23 | | (h) The Board may make recommendations on matters relating | 24 | | to
approving graduate counseling, rehabilitation counseling, | 25 | | psychology, and
related programs.
| 26 | | (i) The Board may make recommendations on matters relating |
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| 1 | | to continuing
education including the number of hours | 2 | | necessary for license renewal, waivers
for those unable to | 3 | | meet such requirements, and acceptable course content.
These | 4 | | recommendations shall not impose an undue burden on the | 5 | | Department or an
unreasonable restriction on those seeking | 6 | | license renewal.
| 7 | | (j) The Secretary shall give due consideration to all | 8 | | recommendations of
the Board.
| 9 | | (k) Four members of the Board shall constitute a
quorum. A | 10 | | quorum is required for all Board decisions.
| 11 | | (l) Members of the Board shall have no criminal, civil, or | 12 | | professional
liability in
an action based upon a disciplinary | 13 | | proceeding or other activity performed in
good faith
as a | 14 | | member of the Board, except for willful or wanton misconduct.
| 15 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 16 | | (225 ILCS 107/45)
| 17 | | (Section scheduled to be repealed on January 1, 2023)
| 18 | | Sec. 45. Qualifications for a license.
| 19 | | (a) Professional counselor. A person is qualified to be | 20 | | licensed as a
licensed professional counselor, and the | 21 | | Department shall issue a license
authorizing the practice of | 22 | | professional counseling to an applicant who:
| 23 | | (1) has applied in writing on the prescribed form and | 24 | | has paid the
required fee;
| 25 | | (2) is at least 21 years of age and has not engaged in |
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| 1 | | conduct or
activities which would constitute grounds for | 2 | | discipline under this Act;
| 3 | | (3) is a graduate of :
(A) a master's or doctoral level | 4 | | program in the field of counseling,
rehabilitation | 5 | | counseling, psychology, or similar degree program approved | 6 | | by
the Department; or
| 7 | | (B) in the case of an applicant who applied for | 8 | | licensure before the effective date of this amendatory | 9 | | Act of the 96th General Assembly, an approved | 10 | | baccalaureate program in human services or similar
| 11 | | degree program approved by the Department and can | 12 | | document the equivalent of 5
years of full-time | 13 | | satisfactory supervised experience, as established by | 14 | | rule,
under a qualified supervisor;
| 15 | | (4) has passed an examination for the practice of | 16 | | professional
counseling as authorized by the Department; | 17 | | and
| 18 | | (5) has paid the fees required by this Act.
| 19 | | Any person who has received certification by any State or | 20 | | national
organization whose standards are accepted by the | 21 | | Department as being
substantially similar to the standards in | 22 | | this Act may apply for a
professional counselor license and | 23 | | need not be examined further.
| 24 | | (b) Clinical professional counselor. A person is qualified | 25 | | to be
licensed as a clinical professional counselor, and the | 26 | | Department shall
issue a license authorizing the practice of |
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| 1 | | clinical professional
counseling to an applicant who:
| 2 | | (1) has applied in writing on the prescribed form and | 3 | | has paid the
required fee;
| 4 | | (2) is at least 21 years of age and has not engaged in | 5 | | conduct or
activities which would constitute grounds for | 6 | | discipline under this Act ;
| 7 | | (3) is a graduate of:
| 8 | | (A) a master's level program in the field of | 9 | | counseling, rehabilitation
counseling, psychology, or | 10 | | similar degree program approved by the Department
and | 11 | | has completed the equivalent of 2 years full-time | 12 | | satisfactory supervised
employment or experience | 13 | | working as a clinical counselor under
the
direction of | 14 | | a qualified supervisor subsequent to the degree; or
| 15 | | (B) a doctoral program in the field of counseling, | 16 | | rehabilitation
counseling, psychology, or similar | 17 | | program approved by the Department and has
completed | 18 | | the equivalent of 2 years full-time satisfactory | 19 | | supervised
employment or experience working as a | 20 | | clinical counselor under
the
direction of a qualified | 21 | | supervisor, at least one year of which is subsequent
| 22 | | to the degree;
| 23 | | (4) has passed the examination for the practice of | 24 | | clinical
professional counseling as authorized by the | 25 | | Department; and
| 26 | | (5) has paid the fees required by this Act.
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| 1 | | Any person who has received certification or licensure by | 2 | | any State or national
organization whose standards are | 3 | | accepted by the Department as being
substantially similar to | 4 | | the standards in this Act may apply for a clinical
| 5 | | professional counselor license, and need not be examined | 6 | | further.
| 7 | | (c) Examination for applicants under this Act shall be | 8 | | held at the
discretion of the Department from time to time but | 9 | | not less than once each
year. The examination used shall be | 10 | | authorized by the
Department.
| 11 | | (d) Upon application and payment of the required fee, an | 12 | | applicant who has
an active license as a clinical psychologist | 13 | | or a clinical social worker
licensed under the laws of this | 14 | | State may, without examination, be granted
registration as a | 15 | | licensed clinical professional counselor by the Department.
| 16 | | (Source: P.A. 96-1139, eff. 7-21-10; 97-706, eff. 6-25-12.)
| 17 | | (225 ILCS 107/50)
| 18 | | (Section scheduled to be repealed on January 1, 2023)
| 19 | | Sec. 50. Licenses; renewal; restoration; person in | 20 | | military service;
inactive status. | 21 | | (a) The expiration date and renewal period for each | 22 | | license issued under
this Act shall be set by rule. As a | 23 | | condition for renewal of a license, the licensee shall be | 24 | | required to complete continuing education in accordance with | 25 | | rules established by the Department and pay the current |
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| 1 | | renewal fee .
| 2 | | (b) Any person who has permitted a license to expire or who | 3 | | has a
license on inactive status may have it restored by | 4 | | submitting an application to
the Department and filing proof | 5 | | of fitness acceptable to the Department, to have
the license | 6 | | restored, including, if appropriate, evidence which is | 7 | | satisfactory
to the Department certifying the active practice | 8 | | of professional counseling or
clinical professional counseling | 9 | | in another jurisdiction and by paying the
required fee.
| 10 | | (c) If the person has not maintained an active practice in | 11 | | another
jurisdiction which is satisfactory to the Department, | 12 | | the Department shall
determine, by an evaluation program | 13 | | established by rule, the person's fitness to resume active | 14 | | status and shall establish procedures and requirements for | 15 | | restoration.
| 16 | | (d) However, any person whose license expired while he or | 17 | | she was (i) in federal service on active duty with
the armed | 18 | | forces of the United States or the State Militia or (ii) in | 19 | | training or education under the
supervision of the United | 20 | | States government prior to induction into the
military service | 21 | | may have his or her license restored without paying any lapsed | 22 | | renewal
fees if, within 2 years after the honorable | 23 | | termination of such service, training, or
education, the | 24 | | Department is
furnished with satisfactory evidence that the | 25 | | person has been so engaged and
that such service, training, or | 26 | | education has been so terminated.
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| 1 | | (e) A license to practice shall not be denied any | 2 | | applicant because of
the applicant's race, religion, creed, | 3 | | national origin, political beliefs
or activities, age, sex, | 4 | | sexual orientation, or physical impairment.
| 5 | | (f) (Blank). Any person requesting restoration from | 6 | | inactive status shall (i) be required to pay the current | 7 | | renewal fee, (ii) meet continuing education requirements, and | 8 | | (iii) be required to restore his or her license as provided in | 9 | | this Act. | 10 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 11 | | (225 ILCS 107/80)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 80. Grounds for discipline. | 14 | | (a) The Department may refuse to issue, renew, or may | 15 | | revoke, suspend, place
on probation, reprimand, or take other | 16 | | disciplinary or non-disciplinary action as the Department
| 17 | | deems appropriate, including the issuance of fines not to | 18 | | exceed $10,000 for each
violation, with regard to any license | 19 | | for any one or more of the following:
| 20 | | (1) Material misstatement in furnishing information to | 21 | | the
Department or to any other State agency.
| 22 | | (2) Violations or negligent or intentional disregard | 23 | | of this Act or rules adopted under this Act.
| 24 | | (3) Conviction by plea of guilty or nolo contendere, | 25 | | finding of guilt, jury verdict, or entry of judgment or by |
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| 1 | | sentencing of any crime, including, but not limited to, | 2 | | convictions, preceding sentences of supervision, | 3 | | conditional discharge, or first offender probation, under | 4 | | the laws of any jurisdiction of the United States: (i) | 5 | | that is a felony or (ii) that is a misdemeanor, an | 6 | | essential element of which is dishonesty, or that is | 7 | | directly related to the practice of the profession.
| 8 | | (4) Fraud or any misrepresentation in applying for or | 9 | | procuring a license under this Act or in connection with | 10 | | applying for renewal of a license under this Act.
| 11 | | (5) Professional incompetence or gross negligence in | 12 | | the rendering of
professional counseling or clinical | 13 | | professional counseling services.
| 14 | | (6) Malpractice.
| 15 | | (7) Aiding or assisting another person in violating | 16 | | any provision of
this Act or any rules.
| 17 | | (8) Failing to provide information within 60 days in | 18 | | response to a
written request made by the Department.
| 19 | | (9) Engaging in dishonorable, unethical, or | 20 | | unprofessional conduct of a
character likely to deceive, | 21 | | defraud, or harm the public and violating the
rules of | 22 | | professional conduct adopted by the Department.
| 23 | | (10) Habitual or excessive use or abuse of drugs as | 24 | | defined in law as controlled substances, alcohol, or any | 25 | | other substance which results in inability
to practice | 26 | | with reasonable skill, judgment, or safety.
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| 1 | | (11) Discipline by another jurisdiction, the District | 2 | | of Columbia, territory, county, or governmental agency, if | 3 | | at least one of the grounds
for the discipline is the same | 4 | | or substantially equivalent to those set
forth in this | 5 | | Section.
| 6 | | (12) Directly or indirectly giving to or receiving | 7 | | from any person, firm,
corporation, partnership, or | 8 | | association any fee, commission, rebate or
other form of | 9 | | compensation for any professional service not actually | 10 | | rendered. Nothing in this paragraph (12) affects any bona | 11 | | fide independent contractor or employment arrangements | 12 | | among health care professionals, health facilities, health | 13 | | care providers, or other entities, except as otherwise | 14 | | prohibited by law. Any employment arrangements may include | 15 | | provisions for compensation, health insurance, pension, or | 16 | | other employment benefits for the provision of services | 17 | | within the scope of the licensee's practice under this | 18 | | Act. Nothing in this paragraph (12) shall be construed to | 19 | | require an employment arrangement to receive professional | 20 | | fees for services rendered.
| 21 | | (13) A finding by the Board that the licensee, after | 22 | | having the license
placed on probationary status, has | 23 | | violated the terms of probation.
| 24 | | (14) Abandonment of a client.
| 25 | | (15) Willfully filing false reports relating to a | 26 | | licensee's practice,
including but not limited to false |
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| 1 | | records filed with federal or State
agencies or | 2 | | departments.
| 3 | | (16) Willfully failing to report an instance of | 4 | | suspected child abuse or
neglect as required by the Abused | 5 | | and Neglected Child Reporting Act and in matters | 6 | | pertaining to suspected abuse, neglect, financial | 7 | | exploitation, or self-neglect of adults with disabilities | 8 | | and older adults as set forth in the Adult Protective | 9 | | Services Act.
| 10 | | (17) Being named as a perpetrator in an indicated | 11 | | report by the
Department of Children and Family Services | 12 | | pursuant to the Abused and
Neglected Child Reporting Act, | 13 | | and upon proof by clear and convincing
evidence that the | 14 | | licensee has caused a child to be an abused child or
| 15 | | neglected child as defined in the Abused and Neglected | 16 | | Child Reporting Act.
| 17 | | (18) Physical or mental illness or disability, | 18 | | including, but not limited to, deterioration through the
| 19 | | aging process or loss of abilities and skills which | 20 | | results in the inability to
practice the profession with | 21 | | reasonable judgment, skill, or safety.
| 22 | | (19) Solicitation of professional services by using | 23 | | false or misleading
advertising.
| 24 | | (20) Allowing one's license under this Act to be used | 25 | | by an unlicensed person in violation of this Act.
| 26 | | (21) A finding that licensure has been applied for or |
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| 1 | | obtained
by fraudulent means.
| 2 | | (22) Practicing under a false or, except as provided | 3 | | by law, an assumed name.
| 4 | | (23) Gross and willful overcharging for professional | 5 | | services including filing
statements for collection of | 6 | | fees or monies for which services are not
rendered.
| 7 | | (24) Rendering professional counseling or clinical | 8 | | professional
counseling
services without a license or | 9 | | practicing outside the scope of a license.
| 10 | | (25) Clinical supervisors failing to adequately and | 11 | | responsibly monitor
supervisees.
| 12 | | All fines imposed under this Section shall be paid within | 13 | | 60 days after the effective date of the order imposing the | 14 | | fine. | 15 | | (b) (Blank).
| 16 | | (b-5) The Department may refuse to issue or may suspend | 17 | | without hearing, as provided for in the Code of Civil | 18 | | Procedure, the license of any person who fails to file a | 19 | | return, pay the tax, penalty, or interest shown in a filed | 20 | | return, or pay any final assessment of the tax, penalty, or | 21 | | interest as required by any tax Act administered by the | 22 | | Illinois Department of Revenue, until such time as the | 23 | | requirements of any such tax Act are satisfied in accordance | 24 | | with subsection (g) of Section 2105-15 of the Department of | 25 | | Professional Regulation Law of the Civil Administrative Code | 26 | | of Illinois. |
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| 1 | | (b-10) In cases where the Department of Healthcare and | 2 | | Family Services has previously determined a licensee or a | 3 | | potential licensee is more than 30 days delinquent in the | 4 | | payment of child support and has subsequently certified the | 5 | | delinquency to the Department, the Department may refuse to | 6 | | issue or renew or may revoke or suspend that person's license | 7 | | or may take other disciplinary action against that person | 8 | | based solely upon the certification of delinquency made by the | 9 | | Department of Healthcare and Family Services in accordance | 10 | | with item (5) of subsection (a) of Section 2105-15 of the | 11 | | Department of Professional Regulation Law of the Civil | 12 | | Administrative Code of Illinois. | 13 | | (c) The determination by a court that a licensee is | 14 | | subject to
involuntary admission or judicial admission as | 15 | | provided in the Mental
Health and Developmental Disabilities | 16 | | Code will result in an automatic
suspension of his or her | 17 | | license. The suspension will end upon a finding by a
court that | 18 | | the licensee is no longer subject to involuntary admission or
| 19 | | judicial admission, the issuance of an order so finding and | 20 | | discharging the
patient, and the recommendation of the Board | 21 | | to the Secretary that the licensee
be allowed to resume | 22 | | professional practice.
| 23 | | (c-5) In enforcing this Act, the Department, upon a | 24 | | showing of a possible violation, may compel an individual | 25 | | licensed to practice under this Act, or who has applied for | 26 | | licensure under this Act, to submit to a mental or physical |
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| 1 | | examination, or both, as required by and at the expense of the | 2 | | Department. The Department may order the examining physician | 3 | | to present testimony concerning the mental or physical | 4 | | examination of the licensee or applicant. No information shall | 5 | | be excluded by reason of any common law or statutory privilege | 6 | | relating to communications between the licensee or applicant | 7 | | and the examining physician. The examining physicians shall be | 8 | | specifically designated by the Department. The individual to | 9 | | be examined may have, at his or her own expense, another | 10 | | physician of his or her choice present during all aspects of | 11 | | this examination. The examination shall be performed by a | 12 | | physician licensed to practice medicine in all its branches. | 13 | | Failure of an individual to submit to a mental or physical | 14 | | examination, when directed, shall result in an automatic | 15 | | suspension without hearing. | 16 | | All substance-related violations shall mandate an | 17 | | automatic substance abuse assessment. Failure to submit to an | 18 | | assessment by a licensed physician who is certified as an | 19 | | addictionist or an advanced practice registered nurse with | 20 | | specialty certification in addictions may be grounds for an | 21 | | automatic suspension. | 22 | | If the Department finds an individual unable to practice | 23 | | or unfit for duty because of the reasons set forth in this | 24 | | subsection (c-5), the Department may require that individual | 25 | | to submit to a substance abuse evaluation or treatment by | 26 | | individuals or programs approved or designated by the |
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| 1 | | Department, as a condition, term, or restriction for | 2 | | continued, restored, or renewed licensure to practice; or, in | 3 | | lieu of evaluation or treatment, the Department may file, or | 4 | | the Board may recommend to the Department to file, a complaint | 5 | | to immediately suspend, revoke, or otherwise discipline the | 6 | | license of the individual. An individual whose license was | 7 | | granted, continued, restored, renewed, disciplined, or | 8 | | supervised subject to such terms, conditions, or restrictions, | 9 | | and who fails to comply with such terms, conditions, or | 10 | | restrictions, shall be referred to the Secretary for a | 11 | | determination as to whether the individual shall have his or | 12 | | her license suspended immediately, pending a hearing by the | 13 | | Department. | 14 | | A person holding a license under this Act or who has | 15 | | applied for a license under this Act who, because of a physical | 16 | | or mental illness or disability, including, but not limited | 17 | | to, deterioration through the aging process or loss of motor | 18 | | skill, is unable to practice the profession with reasonable | 19 | | judgment, skill, or safety, may be required by the Department | 20 | | to submit to care, counseling, or treatment by physicians | 21 | | approved or designated by the Department as a condition, term, | 22 | | or restriction for continued, reinstated, or renewed licensure | 23 | | to practice. Submission to care, counseling, or treatment as | 24 | | required by the Department shall not be considered discipline | 25 | | of a license. If the licensee refuses to enter into a care, | 26 | | counseling, or treatment agreement or fails to abide by the |
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| 1 | | terms of the agreement, the Department may file a complaint to | 2 | | revoke, suspend, or otherwise discipline the license of the | 3 | | individual. The Secretary may order the license suspended | 4 | | immediately, pending a hearing by the Department. Fines shall | 5 | | not be assessed in disciplinary actions involving physical or | 6 | | mental illness or impairment. | 7 | | In instances in which the Secretary immediately suspends a | 8 | | person's license under this Section, a hearing on that | 9 | | person's license must be convened by the Department within 15 | 10 | | days after the suspension and completed without appreciable | 11 | | delay. The Department shall have the authority to review the | 12 | | subject individual's record of treatment and counseling | 13 | | regarding the impairment to the extent permitted by applicable | 14 | | federal statutes and regulations safeguarding the | 15 | | confidentiality of medical records. | 16 | | An individual licensed under this Act and affected under | 17 | | this Section shall be afforded an opportunity to demonstrate | 18 | | to the Department that he or she can resume practice in | 19 | | compliance with acceptable and prevailing standards under the | 20 | | provisions of his or her license. | 21 | | (d) (Blank).
| 22 | | (Source: P.A. 100-201, eff. 8-18-17; 100-872, eff. 8-14-18.)
| 23 | | (225 ILCS 107/90)
| 24 | | (Section scheduled to be repealed on January 1, 2023)
| 25 | | Sec. 90. Investigations; notice and hearing. |
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| 1 | | (a) The Department may investigate
the actions of any | 2 | | applicant or any person holding or claiming to hold a
license. | 3 | | (b) The Department shall, before refusing to issue or | 4 | | renew a license or disciplining a licensee under Section
80 of | 5 | | this Act, at least 30 days prior to the date set for the | 6 | | hearing, (i)
notify the accused, in writing, of any charges | 7 | | made and the time and place for
the hearing on the charges, | 8 | | (ii) direct him or her to file a written answer to
the charges | 9 | | with the Board under oath within 20 days after the service of | 10 | | the notice, and (iii) inform the applicant or licensee that | 11 | | failure to file an
answer shall result in default being taken | 12 | | against the applicant or licensee. At the time and place fixed | 13 | | in the notice, the Department shall proceed to hear the | 14 | | charges, and the parties or their counsel shall be accorded | 15 | | ample opportunity to present any pertinent statements, | 16 | | testimony, evidence, and arguments. The Department may | 17 | | continue the hearing from time to time. In case the person, | 18 | | after receiving the notice, fails to answer, his or her | 19 | | license, may, in the discretion of the Department, be revoked, | 20 | | suspended, placed on probationary status, or the Department | 21 | | may take whatever disciplinary action considered proper, | 22 | | including limiting the scope, nature, or extent of the | 23 | | person's practice or the imposition of a fine, without a | 24 | | hearing, if the act or acts charged constitute sufficient | 25 | | grounds for that action under the Act. The written notice and | 26 | | any notice in the subsequent proceeding may be served by |
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| 1 | | registered or certified mail or email to the licensee's | 2 | | address of record.
| 3 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 4 | | (225 ILCS 107/100)
| 5 | | (Section scheduled to be repealed on January 1, 2023)
| 6 | | Sec. 100. Subpoenas; oaths. | 7 | | (a) The Department has
the power to subpoena and bring | 8 | | before it any person to take the oral or written
testimony or | 9 | | compel the production of any books, papers, records, or any | 10 | | other documents that the Secretary or his or her designee | 11 | | deems relevant or material to any investigation or hearing | 12 | | conducted by the Department, with the same fees and
mileage | 13 | | and in the same manner as prescribed in civil cases in the | 14 | | courts of
this State.
| 15 | | (b) The Secretary, the designated hearing officer, any | 16 | | member of the
Board, or a certified shorthand court reporter | 17 | | may administer oaths at any hearing
which the Department | 18 | | conducts, and any other oaths
authorized in any Act | 19 | | administered by the Department. Notwithstanding any other | 20 | | statute or Department rules to the contrary, all requests for | 21 | | testimony, production of documents, or records shall be in | 22 | | accordance with this Act.
| 23 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 24 | | (225 ILCS 107/110)
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| 1 | | (Section scheduled to be repealed on January 1, 2023)
| 2 | | Sec. 110. Findings and recommendations. | 3 | | (a) At the conclusion of the
hearing, the Board shall | 4 | | present to the Secretary a written report of its
findings of | 5 | | fact, conclusions of law, and recommendations. The report | 6 | | shall
contain a finding whether the licensee violated this Act | 7 | | or failed
to comply with the conditions required in this Act. | 8 | | The Board shall
specify the nature of the violation or failure | 9 | | to comply, and shall make
its recommendations to the | 10 | | Secretary.
| 11 | | (b) The report of findings of fact, conclusions of law, | 12 | | and recommendation of
the Board shall be the basis for the | 13 | | Department's order for refusing to issue, restore, or renew a | 14 | | license, or otherwise discipline a licensee. If the Secretary | 15 | | disagrees with the
recommendations of the Board, the Secretary | 16 | | may issue an order in
contravention of the Board | 17 | | recommendations. The finding is not admissible in evidence | 18 | | against the
person in a criminal prosecution brought for the | 19 | | violation of this Act, but
the hearing and findings are not a | 20 | | bar to a criminal prosecution brought
for the violation of | 21 | | this Act.
| 22 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 23 | | (225 ILCS 107/130)
| 24 | | (Section scheduled to be repealed on January 1, 2023)
| 25 | | Sec. 130. Order or certified copy; prima facie proof. An
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| 1 | | order or certified copy thereof, over the seal of the | 2 | | Department and
purporting to be signed by the Secretary, is | 3 | | prima facie proof that:
| 4 | | (a) the signature is the genuine signature of the | 5 | | Secretary; and
| 6 | | (b) the Secretary is duly appointed and qualified ; and . | 7 | | (c) the Board and the members thereof are qualified
to | 8 | | act.
| 9 | | Such proof may be rebutted. | 10 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 11 | | (225 ILCS 107/155)
| 12 | | (Section scheduled to be repealed on January 1, 2023)
| 13 | | Sec. 155. Certification of record; costs. The Department | 14 | | shall not
be required to certify any record to the court, to | 15 | | file an answer in court,
or to otherwise appear in any court in | 16 | | a judicial review proceeding, unless
and until the Department | 17 | | has received from the plaintiff payment of the costs of | 18 | | furnishing and certifying
the record, which costs shall be | 19 | | determined by the Department. Exhibits shall be certified | 20 | | without cost. Failure on the part of the plaintiff to file the | 21 | | receipt
in court is grounds for dismissal of the action.
| 22 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 23 | | (225 ILCS 107/165)
| 24 | | (Section scheduled to be repealed on January 1, 2023)
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| 1 | | Sec. 165. Administrative Procedure Act; application. The | 2 | | Illinois
Administrative Procedure Act is hereby expressly | 3 | | adopted and incorporated
in this Act as if all of the | 4 | | provisions of such Act were included in this Act, except that | 5 | | the provisions of subsection (d) of Section 10-65 of the | 6 | | Illinois Administrative Procedure Act that provides that at | 7 | | hearings the clinical professional counselor or
professional
| 8 | | counselor has the right to show compliance with all lawful | 9 | | requirements for retention, continuation, or renewal of the | 10 | | license is specifically excluded. For the purposes of this Act | 11 | | the notice required under Section 10-25 of the Illinois | 12 | | Administrative Procedure Act is deemed sufficient when mailed | 13 | | or emailed to the last known address of record of a party.
| 14 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 15 | | (225 ILCS 107/55 rep.)
| 16 | | (225 ILCS 107/125 rep.)
| 17 | | Section 15. The Professional Counselor and Clinical | 18 | | Professional Counselor
Licensing and Practice Act is amended | 19 | | by repealing Sections 55 and 125.
| 20 | | Section 99. Effective date. This Section and Section 5 | 21 | | take effect upon becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.33 | | | 4 | | 5 ILCS 80/4.38 | | | 5 | | 225 ILCS 107/10 | | | 6 | | 225 ILCS 107/11 new | | | 7 | | 225 ILCS 107/15 | | | 8 | | 225 ILCS 107/18 | | | 9 | | 225 ILCS 107/20 | | | 10 | | 225 ILCS 107/25 | | | 11 | | 225 ILCS 107/30 | from Ch. 111, par. 8451-30 | | 12 | | 225 ILCS 107/45 | | | 13 | | 225 ILCS 107/50 | | | 14 | | 225 ILCS 107/80 | | | 15 | | 225 ILCS 107/90 | | | 16 | | 225 ILCS 107/100 | | | 17 | | 225 ILCS 107/110 | | | 18 | | 225 ILCS 107/130 | | | 19 | | 225 ILCS 107/155 | | | 20 | | 225 ILCS 107/165 | | | 21 | | 225 ILCS 107/55 rep. | | | 22 | | 225 ILCS 107/125 rep. | |
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