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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 Acts repealed on January 1, 2023.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8		Acts are repealed on January 1, 2023: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 Acts repealed on January 1, 2028.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22		Acts are repealed on January 1, 2028: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2		(Section scheduled to be repealed on January 1, 2023)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

HB4667 Engrossed - 31 - LRB102 24195 AMQ 33423 b
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

HB4667 Engrossed - 35 - LRB102 24195 AMQ 33423 b
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

HB4667 Engrossed - 37 - LRB102 24195 AMQ 33423 b
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.
HB4667 Engrossed - 39 - LRB102 24195 AMQ 33423 b 1 INDEX 2 Statutes amended in order of appearance