Rep. Angelo Saviano

Filed: 3/6/2012

 

 


 

 


 
09700HB4520ham001LRB097 19605 CEL 67103 a

1
AMENDMENT TO HOUSE BILL 4520

2    AMENDMENT NO. ______. Amend House Bill 4520 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. The Regulatory Sunset Act is amended by
5changing Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional

 

 

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1Counselor Licensing Act.
2    The Wholesale Drug Distribution Licensing Act.
3    Section 2.5 of the Illinois Plumbing License Law.
4(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
5    (5 ILCS 80/4.33 new)
6    Sec. 4.33. Act repealed on January 1, 2023. The following
7Act is repealed on January 1, 2023:
8    The Professional Counselor and Clinical Professional
9Counselor Licensing and Practice Act.
 
10    Section 5. The Professional Counselor and Clinical
11Professional Counselor Licensing Act is amended by changing
12Sections 1, 5, 10, 20, 21, 25, 30, 45, 50, 60, 65, 75, 80, 85,
1390, 95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155, 160,
14and 165 and by adding Sections 18 and 93 as follows:
 
15    (225 ILCS 107/1)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 1. Short title. This Act may be cited as the
18Professional Counselor and Clinical Professional Counselor
19Licensing and Practice Act.
20(Source: P.A. 87-1011.)
 
21    (225 ILCS 107/5)
22    (Section scheduled to be repealed on January 1, 2013)

 

 

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1    Sec. 5. Declaration of public policy. The practice of
2professional counseling and clinical professional counseling
3is hereby declared to affect the public health, safety and
4welfare, and to be subject to regulation in the public
5interest. The purpose of the Act is to protect and benefit the
6public by setting standards of qualifications, education,
7training, and experience for those who seek to engage in the
8independent practice of clinical professional counseling and
9in the practice of professional counseling in the State of
10Illinois and to obtain a license and hold the title of
11professional counselor, to promote high standards of
12professional performance for those licensed to practice
13professional counseling and clinical professional counseling
14in the State of Illinois, and to protect the public from
15unprofessional conduct by persons licensed to practice
16professional counseling and the independent practice of
17clinical professional counseling.
18(Source: P.A. 87-1011.)
 
19    (225 ILCS 107/10)
20    (Section scheduled to be repealed on January 1, 2013)
21    Sec. 10. Definitions. As used in this Act:
22    "Address of record" means the designated address recorded
23by the Department in the applicant's or licensee's application
24file or license file as maintained by the Department's
25licensure maintenance unit. It is the duty of the applicant or

 

 

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1licensee to inform the Department of any change of address and
2those changes must be made either through the Department's
3website or by contacting the Department.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Director" means the Director of Professional Regulation.
7    "Board" means the Professional Counselor Licensing and
8Disciplinary Board as appointed by the Secretary Director.
9    "Person" means an individual, association, partnership, or
10corporation.
11    "Professional counseling" means the provision of services
12to individuals, couples, groups, families, and organizations
13in any one or more of the fields of professional counseling.
14"Professional counseling" includes the therapeutic process of:
15(i) conducting assessments and diagnosing for the purpose of
16establishing treatment goals and objectives and (ii) planning,
17implementing, and evaluating treatment plans using treatment
18interventions to facilitate human development and to identify
19and remediate mental, emotional, or behavioral disorders and
20associated distresses that interfere with mental health.
21Professional counseling includes, but is not limited to:
22        (1) social, emotional, educational, and career testing
23    and evaluation;
24        (2) a professional relationship between a counselor
25    and a client in which the counselor provides assistance in
26    coping with life issues that include relationships,

 

 

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

 

 

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1professional counselor" means a person who holds a license
2authorizing the independent practice of clinical professional
3counseling in private practice as defined in this Act.
4    "Independent private practice of clinical professional
5counseling" means the application of clinical professional
6counseling knowledge and skills by a licensed clinical
7professional counselor who (i) regulates and is responsible for
8her or his own practice or treatment procedures and (ii) is
9self-employed or works in a group practice or setting not
10qualified under Internal Revenue Service regulations as a
11not-for-profit business.
12    "Clinical supervision" or "supervision" means review of
13aspects of counseling and case management in a face-to-face
14meeting with the person under supervision.
15    "Qualified supervisor" or "qualified clinical supervisor"
16means any person who is a licensed clinical professional
17counselor, licensed clinical social worker, licensed clinical
18psychologist, psychiatrist as defined in Section 1-121 of the
19Mental Health and Developmental Disabilities Code, or other
20supervisor as defined by rule. A qualified supervisor may be
21provided at the applicant's place of work, or may be hired by
22the applicant to provide supervision.
23    "License" means that which is required to practice
24professional counseling or clinical professional counseling as
25defined in this Act.
26    "Secretary" means the Secretary of Financial and

 

 

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1Professional Regulation.
2    "Volunteer" means a person performing services without
3compensation for a nonprofit organization, a nonprofit
4corporation, a hospital, a governmental entity, or a private
5business, other than reimbursement for actual expenses
6incurred. "Volunteer" includes a person serving as a director,
7officer, trustee, or direct service volunteer.
8(Source: P.A. 92-719, eff. 7-25-02.)
 
9    (225 ILCS 107/15)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 15. Exemptions.
12    (a) This Act does not prohibit any persons legally
13regulated in this State by any other Act from engaging in the
14practice for which they are authorized as long as they do not
15represent themselves by the title of "professional counselor",
16"licensed professional counselor", "clinical professional
17counselor", or "licensed clinical professional counselor".
18This Act does not prohibit the practice of nonregulated
19professions whose practitioners are engaged in the delivery of
20human services as long as these practitioners do not represent
21themselves as or use the title of "professional counselor",
22"licensed professional counselor", "clinical professional
23counselor", or "licensed clinical professional counselor".
24    (b) Nothing in this Act shall be construed to limit the
25activities and services of a student, intern, or resident in

 

 

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1professional counseling or clinical professional counseling
2seeking to fulfill educational requirements in order to qualify
3for a license under this Act if (i) these activities and
4services constitute a part of the student's supervised course
5of study, (ii) or an individual seeking to fulfill the
6post-degree experience requirements in order to qualify for
7licensing under this Act, as long as the activities and
8services are not conducted in an independent practice, as
9defined in this Act, (iii) if the activities and services are
10supervised as specified in this Act, and (iv) that the student,
11intern, or resident is designated by a title "intern" or
12"resident" or other designation of trainee status. Nothing
13contained in this Section shall be construed to permit
14students, interns, or residents to offer their services as
15professional counselors or clinical professional counselors to
16any other person, and to accept remuneration for such
17professional counseling or clinical professional counseling
18services other than as specifically excepted in this Section,
19unless they have been licensed under this Act.
20    (b-5) Nothing in this Act shall be construed to limit the
21activities and services of individuals seeking to fulfill
22post-degree experience requirements in order to qualify for
23licensing as a clinical professional counselor under this Act,
24so long as the individual is not engaged in the independent
25private practice of clinical professional counseling as
26defined in this Act, and is in compliance with all applicable

 

 

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1regulations regarding supervision including, but not limited
2to, the requirement that the supervised experience must be
3under the order, control, and full professional responsibility
4of their supervisor. The Department may, by rule, adopt further
5limitations on individuals practicing under this subsection.
6    (c) Corporations, partnerships, and associations may
7employ practicum students, interns, or post-degree candidates
8seeking to fulfill educational requirements or the
9professional experience requirements needed to qualify for a
10license under this Act if their activities and services
11constitute a part of the student's supervised course of study
12or post-degree professional experience requirements. Nothing
13in this paragraph shall prohibit a corporation, partnership, or
14association from contracting with a licensed health care
15professional to provide services that they are licensed to
16provide.
17    (d) Nothing in this Act shall prevent the employment, by a
18professional counselor or clinical professional counselor,
19person, association, partnership, or a corporation furnishing
20professional counseling or clinical professional counseling
21services for remuneration, of persons not licensed as
22professional counselors or clinical professional counselors
23under this Act to perform services in various capacities as
24needed if these persons are not in any manner held out to the
25public or do not hold themselves out to the public by any title
26or designation stating or implying that they are professional

 

 

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1counselors or clinical professional counselors.
2    (e) Nothing in this Act shall be construed to limit the
3services of a person, not licensed under the provisions of this
4Act, in the employ of a federal, State, county, or municipal
5agency or other political subdivision or not-for-profit
6corporation providing human services if (1) the services are a
7part of the duties in his or her salaried position, (2) the
8services are performed solely on behalf of his or her employer,
9and (3) that person does not in any manner represent himself or
10herself as or use the title of "professional counselor",
11"licensed professional counselor", "clinical professional
12counselor", or "licensed clinical professional counselor".
13    (f) Duly recognized members of any religious organization
14shall not be restricted from functioning in their ministerial
15capacity provided they do not represent themselves as being
16professional counselors or clinical professional counselors,
17or as providing "professional counseling" or "clinical
18professional counseling". This Act shall not apply or be
19construed so as to apply to the employees or agents of a church
20or religious organization or an organization owned,
21controlled, or affiliated with a church or religious
22organization, unless the church, religious organization, or
23owned, controlled, or affiliated organization designates or
24holds these employees or agents out to the public as
25professional counselors or clinical professional counselors or
26holds out their services as being "professional counseling" or

 

 

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

 

 

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

 

 

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1professional counselor" or does not hold out his or her
2services as being "professional counseling" or "clinical
3professional counseling".
4    (m) Nothing in this Act shall be construed to prevent any
5licensed social worker, licensed clinical social worker, or
6licensed clinical psychologist from practicing professional
7counseling as long as that person is not in any manner held out
8to the public as a "professional counselor" or "clinical
9professional counselor" or does not hold out his or her
10services as being "professional counseling" or "clinical
11professional counseling".
12    (n) Nothing in this Act shall be construed to limit the
13activities and use of the official title of "professional
14counselor" or "clinical professional counselor" on the part of
15a person not licensed under this Act who is a physician
16licensed to practice medicine in all of its branches under the
17Medical Practice Act of 1987.
18    (o) Nothing in this Act shall be construed to require
19licensure under this Act or limit the services of a domestic
20violence counselor who is an employee or volunteer of a
21domestic violence program as defined in Section 227 of the
22Illinois Domestic Violence Act of 1986.
23(Source: P.A. 92-719, eff. 7-25-02.)
 
24    (225 ILCS 107/18 new)
25    Sec. 18. Provision of clinical services by licensed

 

 

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1professional counselors; scope of practice.
2    (a) Licensed professional counselors may not engage in the
3independent practice of clinical professional counseling
4without a clinical professional counselor license.
5    (b) In an independent private practice, a licensed
6professional counselor must practice at all times under the
7order, control, and full professional responsibility of a
8licensed clinical professional counselor, a licensed clinical
9social worker, a licensed clinical psychologist, or a
10psychiatrist as defined in Section 1-121 of the Mental Health
11and Developmental Disabilities Code.
12    (c) When providing clinical professional counseling as set
13forth in this Act, a licensed professional counselors may not
14represent himself or herself as a sole or independent
15practitioner and may not use the title "clinical professional
16counselor" or "licensed clinical professional counselor". A
17licensed professional counselor providing clinical
18professional counseling shall always operate and represent
19himself or herself as providing services through or as a part
20of a group practice or through a clinical supervisor's
21practice, and the licensed professional counselor shall have no
22ownership interest in either type of practice. Licensed
23professional counselors providing clinical services shall
24provide the name and contact information of the licensed
25professional counselor's supervisor to all clients.
26    (d) Nothing in this Act shall be construed to limit

 

 

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1licensed professional counselors from owning or engaging in
2sole or other type of practice or from using the title
3"licensed professional counselor" or "professional counselor"
4when providing social services that do not fall within the
5definition of professional counseling or clinical professional
6counseling as set forth in this Act.
7    (e) The Department may adopt rules necessary to implement
8this Section.
 
9    (225 ILCS 107/20)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 20. Restrictions and limitations.
12    (a) No person shall, without a valid license as a
13professional counselor issued by the Department: (i) in any
14manner hold himself or herself out to the public as a
15professional counselor under this Act; (ii) attach the title
16"professional counselor" or "licensed professional counselor";
17or (iii) offer to render or render to individuals,
18corporations, or the public professional counseling services.
19    (b) No person shall, without a valid license as a clinical
20professional counselor issued by the Department: (i) in any
21manner hold himself or herself out to the public as a clinical
22professional counselor or licensed clinical professional
23counselor under this Act; (ii) attach the title "clinical
24professional counselor" or "licensed clinical professional
25counselor"; or (iii) offer to render to individuals,

 

 

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1corporations, or the public clinical professional counseling
2services.
3    (c) (Blank). Licensed professional counselors may not
4engage in independent private practice as defined in this Act
5without a clinical professional counseling license. In an
6independent private practice, a licensed professional
7counselor must practice at all times under the order, control,
8and full professional responsibility of a licensed clinical
9professional counselor, a licensed clinical social worker, a
10licensed clinical psychologist, or a psychiatrist, as defined
11in Section 1-121 of the Mental Health and Developmental
12Disabilities Code.
13    (d) No association, limited liability company, or
14partnership shall practice clinical professional counseling or
15professional counseling unless every member, partner, and
16employee of the association or partnership who practices
17professional counseling or clinical professional counseling,
18or who renders professional counseling or clinical
19professional counseling services, holds a currently valid
20license issued under this Act. No license shall be issued to a
21corporation, the stated purpose of which includes or which
22practices or which holds itself out as available to practice
23professional counseling or clinical professional counseling
24unless it is organized under the Professional Service
25Corporation Act.
26    (e) Nothing in this Act shall be construed as permitting

 

 

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1persons licensed as professional counselors or clinical
2professional counselors to engage in any manner in the practice
3of medicine in all its branches as defined by law in this
4State.
5    (f) When, in the course of providing professional
6counseling or clinical professional counseling services to any
7person, a professional counselor or clinical professional
8counselor licensed under this Act finds indication of a disease
9or condition that in his or her professional judgment requires
10professional service outside the scope of practice as defined
11in this Act, he or she shall refer that person to a physician
12licensed to practice medicine in all of its branches or another
13appropriate health care practitioner.
14(Source: P.A. 94-765, eff. 1-1-07.)
 
15    (225 ILCS 107/21)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 21. Unlicensed practice; violation; civil penalty.
18    (a) Any person who practices, offers to practice, attempts
19to practice, or holds himself or herself out to practice as a
20clinical professional counselor or professional counselor
21without being licensed or exempt under this Act shall, in
22addition to any other penalty provided by law, pay a civil
23penalty to the Department in an amount not to exceed $10,000
24$5,000 for each offense, as determined by the Department. The
25civil penalty shall be assessed by the Department after a

 

 

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1hearing is held in accordance with the provisions set forth in
2this Act regarding the provision of a hearing for the
3discipline of a licensee.
4    (b) The Department may investigate any actual, alleged, or
5suspected unlicensed activity.
6    (c) The civil penalty shall be paid within 60 days after
7the effective date of the order imposing the civil penalty. The
8order shall constitute a final judgment and may be filed and
9execution had thereon in the same manner as any judgment from
10any court of record.
11(Source: P.A. 92-719, eff. 7-25-02.)
 
12    (225 ILCS 107/25)
13    (Section scheduled to be repealed on January 1, 2013)
14    Sec. 25. Powers and duties of the Department. Subject to
15the provisions of this Act, the Department may:
16    (a) Authorize examinations to ascertain the qualifications
17and fitness of applicants for licensing as professional
18counselors or clinical professional counselors and pass upon
19the qualifications of applicants for licensure by endorsement.
20    (b) Conduct hearings on proceedings to refuse to issue or
21renew or to revoke licenses or suspend, place on probation,
22censure, or reprimand or take any other disciplinary or
23non-disciplinary action with regard to a person persons
24licensed under this Act, and to refuse to issue or renew or to
25revoke licenses, or suspend, place on probation, censure, or

 

 

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1reprimand persons licensed under this Act.
2    (c) Formulate rules and regulations required for the
3administration of this Act.
4    (d) Maintain rosters of the names and addresses of all
5licensees, and all persons whose licenses have been suspended,
6revoked, or denied renewal for cause within the previous
7calendar year. These rosters shall be available upon written
8request and payment of the required fee.
9    (e) Establish rules for determining approved undergraduate
10human services programs and graduate professional counseling,
11clinical professional counseling, psychology, rehabilitation
12counseling and similar programs and prepare and maintain a list
13of colleges and universities offering such programs whose
14graduates, if they otherwise meet the requirements of this Act,
15are eligible to apply for a license.
16(Source: P.A. 87-1011.)
 
17    (225 ILCS 107/30)  (from Ch. 111, par. 8451-30)
18    (Section scheduled to be repealed on January 1, 2013)
19    Sec. 30. Professional Counselor Examining and Disciplinary
20Board.
21    (a) The Secretary Director shall appoint a Board which
22shall serve in an advisory capacity to the Secretary Director.
23The Board shall consist of 7 persons, 2 of whom are licensed
24solely as professional counselors, 3 of whom are licensed
25solely as clinical professional counselors, one full-time

 

 

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1faculty member of an accredited college or university that is
2engaged in training professional counselors or clinical
3professional counselors who possesses the qualifications
4substantially equivalent to the education and experience
5requirements for a professional counselor or clinical
6professional counselor, and one member of the public who is not
7a licensed health care provider. In appointing members of the
8Board, the Secretary Director shall give due consideration to
9the adequate representation of the various fields of
10counseling. In appointing members of the Board, the Secretary
11Director shall give due consideration to recommendations by
12members of the professions of professional counseling and
13clinical professional counseling, the Statewide organizations
14representing the interests of professional counselors and
15clinical professional counselors, organizations representing
16the interests of academic programs, rehabilitation counseling
17programs, and approved counseling programs in the State of
18Illinois.
19    (b) Members shall be appointed for and shall serve 4 year
20terms and until their successors are appointed and qualified.
21No member of the Board shall serve more than 2 full consecutive
22terms , except that of the initial appointments 2 members shall
23be appointed to serve for 2 years, 2 shall be appointed to
24serve for 3 years, and the remaining shall be appointed to
25serve for 4 years and until their successors are appointed and
26qualified. No member shall be reappointed to the Board for a

 

 

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1term that would cause continuous service on the Board to be
2longer than 8 years. Any appointment to fill a vacancy shall be
3for the unexpired portion of the term.
4    (c) The membership of the Board should reasonably reflect
5representation from different geographic areas of Illinois.
6    (d) (Blank). Any member appointed to fill a vacancy shall
7be eligible for reappointment to only one full term.
8    (e) The Secretary shall have the authority to Director may
9remove or suspend any member for cause at any time prior to the
10expiration of his or her term. The Secretary shall be the sole
11arbiter of cause.
12    (f) The Board shall annually elect one of its members as
13chairperson.
14    (g) The members of the Board shall be reimbursed for all
15legitimate, necessary, and authorized expenses incurred in
16attending the meetings of the Board.
17    (h) The Board may make recommendations on matters relating
18to approving graduate counseling, rehabilitation counseling,
19psychology, and related programs.
20    (i) The Board may make recommendations on matters relating
21to continuing education including the number of hours necessary
22for license renewal, waivers for those unable to meet such
23requirements, and acceptable course content. These
24recommendations shall not impose an undue burden on the
25Department or an unreasonable restriction on those seeking
26license renewal.

 

 

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1    (j) The Secretary Director shall give due consideration to
2all recommendations of the Board.
3    (k) Four members A majority of the Board members currently
4appointed shall constitute a quorum. A quorum is required for
5all Board decisions. A vacancy in the membership of the Board
6shall not impair the right of a quorum to perform all of the
7duties of the Board.
8    (l) Members of the Board shall have no criminal, civil, or
9professional liability in an action based upon a disciplinary
10proceeding or other activity performed in good faith as a
11member of the Board, except for willful or wanton misconduct.
12(Source: P.A. 92-719, eff. 7-25-02.)
 
13    (225 ILCS 107/45)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 45. Qualifications for a license.
16    (a) Professional counselor. A person is qualified to be
17licensed as a licensed professional counselor, and the
18Department shall issue a license authorizing the practice of
19professional counseling to an applicant who:
20        (1) has applied in writing on the prescribed form and
21    has paid the required fee;
22        (2) is at least 21 years of age and has not engaged in
23    conduct or activities which would constitute grounds for
24    discipline under this Act;
25        (3) is a graduate of:

 

 

09700HB4520ham001- 23 -LRB097 19605 CEL 67103 a

1            (A) a master's or doctoral level program in the
2        field of counseling, rehabilitation counseling,
3        psychology, or similar degree program approved by the
4        Department; or
5            (B) in the case of an applicant who applied applies
6        for licensure before the effective date of this
7        amendatory Act of the 96th General Assembly, an
8        approved baccalaureate program in human services or
9        similar degree program approved by the Department and
10        can document the equivalent of 5 years of full-time
11        satisfactory supervised experience, as established by
12        rule, under a qualified supervisor;
13        (4) has passed an examination for the practice of
14    professional counseling as authorized by the Department;
15    and
16        (5) has paid the fees required by this Act.
17    Any person who has received certification by any State or
18national organization whose standards are accepted by the
19Department as being substantially similar to the standards in
20this Act may apply for a professional counselor license and
21need not be examined further.
22    (b) Clinical professional counselor. A person is qualified
23to be licensed as a clinical professional counselor, and the
24Department shall issue a license authorizing the practice of
25clinical professional counseling to an applicant who:
26        (1) has applied in writing on the prescribed form and

 

 

09700HB4520ham001- 24 -LRB097 19605 CEL 67103 a

1    has paid the required fee;
2        (2) is at least 21 years of age and has not engaged in
3    conduct or activities which would constitute grounds for
4    discipline under this Act;
5        (3) is a graduate of:
6            (A) a master's level program in the field of
7        counseling, rehabilitation counseling, psychology, or
8        similar degree program approved by the Department and
9        has completed the equivalent of 2 years full-time
10        satisfactory supervised employment or experience
11        working as a clinical counselor under the direction of
12        a qualified supervisor subsequent to the degree; or
13            (B) a doctoral program in the field of counseling,
14        rehabilitation counseling, psychology, or similar
15        program approved by the Department and has completed
16        the equivalent of 2 years full-time satisfactory
17        supervised employment or experience working as a
18        clinical counselor under the direction of a qualified
19        supervisor, at least one year of which is subsequent to
20        the degree;
21        (4) has passed the examination for the practice of
22    clinical professional counseling as authorized by the
23    Department; and
24        (5) has paid the fees required by this Act.
25    Any person who has received certification or licensure by
26any State or national organization whose standards are accepted

 

 

09700HB4520ham001- 25 -LRB097 19605 CEL 67103 a

1by the Department as being substantially similar to the
2standards in this Act may apply for a clinical professional
3counselor license, and need not be examined further.
4    (c) Examination for applicants under this Act shall be held
5at the discretion of the Department from time to time but not
6less than once each year. The examination used shall be
7authorized by the Department.
8    (d) Upon application and payment of the required fee, an
9applicant who has an active license as a clinical psychologist
10or a clinical social worker licensed under the laws of this
11State may, without examination, be granted registration as a
12licensed clinical professional counselor by the Department.
13(Source: P.A. 96-1139, eff. 7-21-10.)
 
14    (225 ILCS 107/50)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 50. Licenses; renewal; restoration; person in
17military service; inactive status.
18    (a) The expiration date and renewal period for each license
19issued under this Act shall be set by rule. As a condition for
20renewal of a license, the licensee shall be required to
21complete continuing education in accordance with rules
22established by the Department The licensee may renew a license
23during the 30 day period preceding its expiration date by
24paying the required fee and demonstrating compliance with any
25continuing education requirements.

 

 

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1    (b) Any person who has permitted a license to expire or who
2has a license on inactive status may have it restored by
3submitting an application to the Department and filing proof of
4fitness acceptable to the Department , as defined by rule, to
5have the license restored, including, if appropriate, evidence
6which is satisfactory to the Department certifying the active
7practice of professional counseling or clinical professional
8counseling in another jurisdiction and by paying the required
9fee.
10    (c) If the person has not maintained an active practice in
11another jurisdiction which is satisfactory to the Department,
12the Department shall determine, by an evaluation program
13established by rule, the person's fitness to resume active
14status and shall establish procedures and requirements for
15restoration. The Department may also require the person to
16complete a specific period of evaluated professional
17counseling or clinical professional counseling work experience
18and may require successful completion of an examination.
19    (d) However, any person whose license expired while he or
20she was (i) in federal service on active duty with the armed
21forces of the United States or , while called into service or
22training with the State Militia or (ii) in training or
23education under the supervision of the United States government
24prior to induction into the military service may have his or
25her license restored without paying any lapsed renewal fees if,
26within 2 years after the honorable termination of such service,

 

 

09700HB4520ham001- 27 -LRB097 19605 CEL 67103 a

1training, or education, except under conditions other than
2honorable, the Department is furnished with satisfactory
3evidence that the person has been so engaged and that such
4service, training, or education has been so terminated.
5    (e) A license to practice shall not be denied any applicant
6because of the applicant's race, religion, creed, national
7origin, political beliefs or activities, age, sex, sexual
8orientation, or physical impairment.
9    (f) Any person requesting restoration from inactive status
10shall (i) be required to pay the current renewal fee, (ii) meet
11continuing education requirements, and (iii) be required to
12restore his or her license as provided in this Act.
13(Source: P.A. 87-1011; 87-1269.)
 
14    (225 ILCS 107/60)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 60. Fees. The Department shall provide by rule for a
17schedule of fees for the administration and enforcement of this
18Act, including, but not limited to, original licensure,
19registration, renewal, and restoration. The fees shall be
20nonrefundable The fees imposed under this Act shall be set by
21rule and are not refundable.
22    All of the fees, fines, and penalties collected under this
23Act shall be deposited into the General Professions Dedicated
24Fund and shall be appropriated to the Department for the
25ordinary and contingent expenses of the Department in the

 

 

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1administration of this Act.
2(Source: P.A. 92-719, eff. 7-25-02.)
 
3    (225 ILCS 107/65)
4    (Section scheduled to be repealed on January 1, 2013)
5    Sec. 65. Payments; penalty for insufficient funds Checks or
6orders dishonored. Any person who issues or delivers a check or
7other order to the Department that is returned to the
8Department unpaid by the financial institution upon which it is
9drawn shall pay to the Department, in addition to the amount
10already owed to the Department, a fine of $50. The fines
11imposed by this Section are in addition to any other discipline
12provided under this Act prohibiting unlicensed practice or
13practice on a nonrenewed license. The Department shall notify
14the person that payment of fees and fines shall be paid to the
15Department by certified check or money order within 30 calendar
16days after notification. If, after the expiration of 30 days
17from the date of the notification, the person has failed to
18submit the necessary remittance, the Department shall
19automatically terminate the license or certification or deny
20the application, without hearing. If, after termination or
21denial, the person seeks a license or certificate, he or she
22shall apply to the Department for restoration or issuance of
23the license or certificate and pay all fees and fines due to
24the Department. The Department may establish a fee for the
25processing of an application for restoration of a license to

 

 

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1pay all costs and expenses of processing of this application.
2The Secretary Director may waive the fines due under this
3Section in individual cases where the Secretary Director finds
4that the fines would be unnecessarily burdensome.
5(Source: P.A. 92-146, eff. 1-1-02.)
 
6    (225 ILCS 107/75)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 75. Privileged communications and exceptions.
9    (a) No licensed professional counselor or licensed
10clinical professional counselor shall disclose any information
11acquired from persons consulting the counselor in a
12professional capacity, except that which may be voluntarily
13disclosed under the following circumstances:
14        (1) In the course of formally reporting, conferring, or
15    consulting with administrative superiors, colleagues, or
16    consultants who share professional responsibility, in
17    which instance all recipients of the information are
18    similarly bound to regard the communication as privileged;
19        (2) With the written consent of the person who provided
20    the information;
21        (3) In the case of death or disability, with the
22    written consent of a personal representative, other person
23    authorized to sue, or the beneficiary of an insurance
24    policy on the person's life, health or physical condition;
25        (4) When a communication reveals the intended

 

 

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1    commission of a crime or harmful act and such disclosure is
2    judged necessary by the licensed professional counselor or
3    licensed clinical professional counselor to protect any
4    person from a clear, imminent risk of serious mental or
5    physical harm or injury, or to forestall a serious threat
6    to the public safety; or
7        (5) When the person waives the privilege by bringing
8    any public charges against the licensee.
9    (b) When the person is a minor under the laws of the State
10of Illinois and the information acquired by the licensed
11professional counselor or licensed clinical professional
12counselor indicates the minor was the victim or subject of a
13crime, the licensed professional counselor or licensed
14clinical professional counselor may be required to testify in
15any judicial proceedings in which the commission of that crime
16is the subject of inquiry when, after in camera review of the
17information that the licensed professional counselor or
18licensed clinical professional counselor acquired, the court
19determines that the interests of the minor in having the
20information held privileged are outweighed by the requirements
21of justice, the need to protect the public safety or the need
22to protect the minor, except as provided under the Abused and
23Neglected Child Reporting Act.
24    (c) Any person having access to records or anyone who
25participates in providing professional counseling or clinical
26professional counseling services, or, in providing any human

 

 

09700HB4520ham001- 31 -LRB097 19605 CEL 67103 a

1services, is supervised by a licensed professional counselor or
2licensed clinical professional counselor, is similarly bound
3to regard all information and communications as privileged in
4accord with this Section.
5    (d) Nothing in this Act shall be construed to prohibit a
6licensed professional counselor or licensed clinical
7professional counselor from voluntarily testifying in court
8hearings concerning matters of adoption, child abuse, child
9neglect or other matters pertaining to children, except as
10provided under the Abused and Neglected Child Reporting Act and
11matters pertaining to elders as set forth in the Elder Abuse
12and Neglect Act.
13    (e) The Mental Health and Developmental Disabilities
14Confidentiality Act is incorporated herein as if all of its
15provisions were included in this Act. In the event of a
16conflict between the application of this Section and the Mental
17Health and Developmental Disabilities Confidentiality Act to a
18specific situation, the provisions of the Mental Health and
19Developmental Disabilities Confidentiality Act shall control.
20    (f) Licensed professional counselors and licensed clinical
21professional counselors when performing professional
22counseling services or clinical professional counseling
23services shall comply with counselor licensure rules and laws
24contained in this Section and Section 80 of this Act regardless
25of their employment or work setting.
26(Source: P.A. 87-1011.)
 

 

 

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1    (225 ILCS 107/80)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 80. Grounds for discipline.
4    (a) The Department may refuse to issue, renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action as the Department
7deems appropriate, including the issuance of fines not to
8exceed $10,000 $1000 for each violation, with regard to any
9license for any one or more of the following:
10        (1) Material misstatement in furnishing information to
11    the Department or to any other State agency.
12        (2) Violations or negligent or intentional disregard
13    of this Act, or any of its rules adopted under this Act.
14        (3) Conviction by plea of guilty or nolo contendere,
15    finding of guilt, jury verdict, or entry of judgment or by
16    sentencing of any crime, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation, under
19    the laws of any jurisdiction of the United States: (i) that
20    is a felony or (ii) that is a misdemeanor, an essential
21    element of which is dishonesty, or that is directly related
22    to the practice of the profession Conviction of any crime
23    under the laws of the United States or any state or
24    territory thereof that is a felony, or that is a
25    misdemeanor, an essential element of which is dishonesty,

 

 

09700HB4520ham001- 33 -LRB097 19605 CEL 67103 a

1    or of any crime which is directly related to the practice
2    of the profession.
3        (4) Fraud or Making any misrepresentation in applying
4    for or procuring a license under this Act or in connection
5    with applying for renewal of a license under this Act for
6    the purpose of obtaining a license, or violating any
7    provision of this Act or its rules.
8        (5) Professional incompetence or gross negligence in
9    the rendering of professional counseling or clinical
10    professional counseling services.
11        (6) Malpractice.
12        (7) Aiding or assisting another person in violating any
13    provision of this Act or any rules.
14        (8) Failing to provide information within 60 days in
15    response to a written request made by the Department.
16        (9) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public and violating the rules of
19    professional conduct adopted by the Department.
20        (10) Habitual or excessive use or abuse of drugs as
21    defined in law as controlled substances, alcohol,
22    addiction to alcohol, narcotics, stimulants, or any other
23    substance chemical agent or drug which results in inability
24    to practice with reasonable skill, judgment, or safety.
25        (11) Discipline by another jurisdiction, the District
26    of Columbia, territory, county, or governmental agency, if

 

 

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1    at least one of the grounds for the discipline is the same
2    or substantially equivalent to those set forth in this
3    Section.
4        (12) Directly or indirectly giving to or receiving from
5    any person, firm, corporation, partnership, or association
6    any fee, commission, rebate or other form of compensation
7    for any professional service not actually rendered.
8    Nothing in this paragraph (12) affects any bona fide
9    independent contractor or employment arrangements among
10    health care professionals, health facilities, health care
11    providers, or other entities, except as otherwise
12    prohibited by law. Any employment arrangements may include
13    provisions for compensation, health insurance, pension, or
14    other employment benefits for the provision of services
15    within the scope of the licensee's practice under this Act.
16    Nothing in this paragraph (12) shall be construed to
17    require an employment arrangement to receive professional
18    fees for services rendered.
19        (13) A finding by the Board that the licensee, after
20    having the license placed on probationary status, has
21    violated the terms of probation.
22        (14) Abandonment of a client.
23        (15) Willfully filing false reports relating to a
24    licensee's practice, including but not limited to false
25    records filed with federal or State agencies or
26    departments.

 

 

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1        (16) Willfully failing to report an instance of
2    suspected child abuse or neglect as required by the Abused
3    and Neglected Child Reporting Act and in matters pertaining
4    to elders or suspected elder abuse as set forth in the
5    Elder Abuse and Neglect Act.
6        (17) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    pursuant to the Abused and Neglected Child Reporting Act,
9    and upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (18) Physical or mental illness or disability,
14    including, but not limited to, deterioration through the
15    aging process or loss of abilities and skills which results
16    in the inability to practice the profession with reasonable
17    judgment, skill, or safety.
18        (19) Solicitation of professional services by using
19    false or misleading advertising.
20        (20) Allowing one's license under this Act to be used
21    by an unlicensed person in violation of this Act Failure to
22    file a return, or to pay the tax, penalty or interest shown
23    in a filed return, or to pay any final assessment of tax,
24    penalty or interest, as required by any tax Act
25    administered by the Illinois Department of Revenue or any
26    successor agency or the Internal Revenue Service or any

 

 

09700HB4520ham001- 36 -LRB097 19605 CEL 67103 a

1    successor agency.
2        (21) A finding that licensure has been applied for or
3    obtained by fraudulent means.
4        (22) Practicing under a false or, except as provided by
5    law, an assumed name or attempting to practice under a name
6    other than the full name as shown on the license or any
7    other legally authorized name.
8        (23) Gross and willful overcharging for professional
9    services including filing statements for collection of
10    fees or monies for which services are not rendered.
11        (24) Rendering professional counseling or clinical
12    professional counseling services without a license or
13    practicing outside the scope of a license.
14        (25) Clinical supervisors failing to adequately and
15    responsibly monitor supervisees.
16    All fines imposed under this Section shall be paid within
1760 days after the effective date of the order imposing the
18fine.
19    (b) The Department shall deny, without hearing, any
20application or renewal for a license under this Act to any
21person who has defaulted on an educational loan guaranteed by
22the Illinois State Assistance Commission or any governmental
23agency of this State in accordance with item (5) of subsection
24(a) of Section 2105-15 of the Department of Professional
25Regulation Law of the Civil Administrative Code of Illinois ;
26however, the Department may issue a license or renewal if the

 

 

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1person in default has established a satisfactory repayment
2record as determined by the Illinois Student Assistance
3Commission.
4    (b-5) The Department may refuse to issue or may suspend
5without hearing, as provided for in the Code of Civil
6Procedure, the license of any person who fails to file a
7return, pay the tax, penalty, or interest shown in a filed
8return, or pay any final assessment of the tax, penalty, or
9interest as required by any tax Act administered by the
10Illinois Department of Revenue, until such time as the
11requirements of any such tax Act are satisfied in accordance
12with subsection (g) of Section 2105-15 of the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois.
15    (b-10) In cases where the Department of Healthcare and
16Family Services has previously determined a licensee or a
17potential licensee is more than 30 days delinquent in the
18payment of child support and has subsequently certified the
19delinquency to the Department, the Department may refuse to
20issue or renew or may revoke or suspend that person's license
21or may take other disciplinary action against that person based
22solely upon the certification of delinquency made by the
23Department of Healthcare and Family Services in accordance with
24item (5) of subsection (a) of Section 2105-15 of the Department
25of Professional Regulation Law of the Civil Administrative Code
26of Illinois.

 

 

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1    (c) The determination by a court that a licensee is subject
2to involuntary admission or judicial admission as provided in
3the Mental Health and Developmental Disabilities Code will
4result in an automatic suspension of his or her license. The
5suspension will end upon a finding by a court that the licensee
6is no longer subject to involuntary admission or judicial
7admission, the issuance of an order so finding and discharging
8the patient, and the recommendation of the Board to the
9Secretary Director that the licensee be allowed to resume
10professional practice.
11    (c-5) In enforcing this Act, the Department, upon a showing
12of a possible violation, may compel an individual licensed to
13practice under this Act, or who has applied for licensure under
14this Act, to submit to a mental or physical examination, or
15both, as required by and at the expense of the Department. The
16Department may order the examining physician to present
17testimony concerning the mental or physical examination of the
18licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communications between the licensee or applicant and the
21examining physician. The examining physicians shall be
22specifically designated by the Department. The individual to be
23examined may have, at his or her own expense, another physician
24of his or her choice present during all aspects of this
25examination. The examination shall be performed by a physician
26licensed to practice medicine in all its branches. Failure of

 

 

09700HB4520ham001- 39 -LRB097 19605 CEL 67103 a

1an individual to submit to a mental or physical examination,
2when directed, shall result in an automatic suspension without
3hearing.
4    A person holding a license under this Act or who has
5applied for a license under this Act who, because of a physical
6or mental illness or disability, including, but not limited to,
7deterioration through the aging process or loss of motor skill,
8is unable to practice the profession with reasonable judgment,
9skill, or safety, may be required by the Department to submit
10to care, counseling, or treatment by physicians approved or
11designated by the Department as a condition, term, or
12restriction for continued, reinstated, or renewed licensure to
13practice. Submission to care, counseling, or treatment as
14required by the Department shall not be considered discipline
15of a license. If the licensee refuses to enter into a care,
16counseling, or treatment agreement or fails to abide by the
17terms of the agreement, the Department may file a complaint to
18revoke, suspend, or otherwise discipline the license of the
19individual. The Secretary may order the license suspended
20immediately, pending a hearing by the Department. Fines shall
21not be assessed in disciplinary actions involving physical or
22mental illness or impairment.
23    In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that person's
25license must be convened by the Department within 15 days after
26the suspension and completed without appreciable delay. The

 

 

09700HB4520ham001- 40 -LRB097 19605 CEL 67103 a

1Department shall have the authority to review the subject
2individual's record of treatment and counseling regarding the
3impairment to the extent permitted by applicable federal
4statutes and regulations safeguarding the confidentiality of
5medical records.
6    An individual licensed under this Act and affected under
7this Section shall be afforded an opportunity to demonstrate to
8the Department that he or she can resume practice in compliance
9with acceptable and prevailing standards under the provisions
10of his or her license.
11    (d) (Blank). In enforcing this Section, the Board, upon a
12showing of a possible violation, may compel a licensee or
13applicant to submit to a mental or physical examination, or
14both, as required by and at the expense of the Department. The
15examining physicians or clinical psychologists shall be those
16specifically designated by the Board. The Board or the
17Department may order (i) the examining physician to present
18testimony concerning the mental or physical examination of a
19licensee or applicant or (ii) the examining clinical
20psychologist to present testimony concerning the mental
21examination of a licensee or applicant. No information shall be
22excluded by reason of any common law or statutory privilege
23relating to communications between a licensee or applicant and
24the examining physician or clinical psychologist. An
25individual to be examined may have, at his or her own expense,
26another physician or clinical psychologist of his or her choice

 

 

09700HB4520ham001- 41 -LRB097 19605 CEL 67103 a

1present during all aspects of the examination. Failure of an
2individual to submit to a mental or physical examination, when
3directed, is grounds for suspension of his or her license. The
4license must remain suspended until the person submits to the
5examination or the Board finds, after notice and hearing, that
6the refusal to submit to the examination was with reasonable
7cause.
8    If the Board finds an individual unable to practice because
9of the reasons set forth in this Section, the Board must
10require the individual to submit to care, counseling, or
11treatment by a physician or clinical psychologist approved by
12the Board, as a condition, term, or restriction for continued,
13reinstated, or renewed licensure to practice. In lieu of care,
14counseling, or treatment, the Board may recommend that the
15Department file a complaint to immediately suspend or revoke
16the license of the individual or otherwise discipline the
17licensee.
18    Any individual whose license was granted, continued,
19reinstated, or renewed subject to conditions, terms, or
20restrictions, as provided for in this Section, or any
21individual who was disciplined or placed on supervision
22pursuant to this Section must be referred to the Director for a
23determination as to whether the person shall have his or her
24license suspended immediately, pending a hearing by the Board.
25(Source: P.A. 96-1482, eff. 11-29-10.)
 

 

 

09700HB4520ham001- 42 -LRB097 19605 CEL 67103 a

1    (225 ILCS 107/85)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 85. Violations; injunction; cease and desist order.
4    (a) If any person violates the provisions of this Act, the
5Secretary Director may, in the name of the People of the State
6of Illinois, through the Attorney General of the State of
7Illinois or the State's Attorney of the county in which the
8violation is alleged to have occurred, petition for an order
9enjoining the violation or for an order enforcing compliance
10with this Act. Upon the filing of a verified petition, the
11court with appropriate jurisdiction may issue a temporary
12restraining order without notice or bond, and may preliminarily
13and permanently enjoin the violation. If it is established that
14the person has violated or is violating the injunction, the
15court may punish the offender for contempt of court.
16Proceedings under this Section are in addition to all other
17remedies and penalties provided by this Act.
18    (b) If any person holds himself or herself out as being a
19licensed professional counselor or licensed clinical
20professional counselor under this Act and is not licensed to do
21so, then any licensed professional counselor, licensed
22clinical professional counselor, interested party, or any
23person injured thereby may petition for relief as provided in
24subsection (a) of this Section.
25    (c) Whenever, in the opinion of the Department, a person
26violates any provision of this Act, the Department may issue a

 

 

09700HB4520ham001- 43 -LRB097 19605 CEL 67103 a

1rule to show cause why an order to cease and desist should not
2be entered against that person. The rule shall clearly set
3forth the grounds relied upon by the Department and shall allow
4at least 7 days from the date of the rule to file an answer
5satisfactory to the Department. Failure to answer to the
6satisfaction of the Department shall cause an order to cease
7and desist to be issued.
8(Source: P.A. 87-1011.)
 
9    (225 ILCS 107/90)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 90. Investigations; notice and hearing. The
12Department may investigate the actions of any applicant or any
13person holding or claiming to hold a license. The Department
14shall, before refusing to issue or renew a license or
15disciplining a licensee revoking, suspending, placing on
16probation, reprimanding, or taking any other disciplinary
17action under Section 80 of this Act, at least 30 days prior to
18the date set for the hearing, (i) notify the accused, in
19writing, of any charges made and the time and place for the
20hearing on the charges, (ii) direct him or her to file a
21written answer to the charges with the Board under oath within
2220 days after the service on him or her of the notice, and
23(iii) inform the applicant or licensee accused that failure , if
24he or she fails to file an answer shall result in , default
25being will be taken against the applicant or licensee. At the

 

 

09700HB4520ham001- 44 -LRB097 19605 CEL 67103 a

1time and place fixed in the notice, the Department shall
2proceed to hear the charges, and the parties or their counsel
3shall be accorded ample opportunity to present any pertinent
4statements, testimony, evidence, and arguments. The Department
5may continue the hearing from time to time. In case the person,
6after receiving the notice, fails to answer, his or her
7license, may, in the discretion of the Department, be revoked,
8suspended, placed on probationary status, or the Department may
9take whatever disciplinary action considered proper, including
10limiting the scope, nature, or extent of the person's practice
11or the imposition of a fine, without a hearing, if the act or
12acts charged constitute sufficient grounds for that action
13under the Act. The written notice and any notice in the
14subsequent proceeding may be served by registered or certified
15mail to the licensee's address of record. him or her or that
16his or her license or certificate may be suspended, revoked,
17placed on probationary status, or other disciplinary action
18taken with regard to the license or certificate, including
19limiting the scope, nature, or extent of his or her practice,
20as the Department may deem proper. In case the person, after
21receiving notice, fails to file an answer, his or her license
22may, in the discretion of the Department, be suspended,
23revoked, placed on probationary status, or the Department may
24take whatever disciplinary action deemed proper, including
25limiting the scope, nature, or extent of the person's practice
26or the imposition of a fine, without a hearing, if the act or

 

 

09700HB4520ham001- 45 -LRB097 19605 CEL 67103 a

1acts charged constitute sufficient grounds for such action
2under this Act. The written notice may be served by personal
3delivery or certified mail to the address specified by the
4accused in his or her last notification to the Department.
5(Source: P.A. 87-1011; 87-1269.)
 
6    (225 ILCS 107/93 new)
7    Sec. 93. Confidentiality. All information collected by the
8Department in the course of an examination or investigation of
9a licensee or applicant, including, but not limited to, any
10complaint against a licensee filed with the Department and
11information collected to investigate any such complaint, shall
12be maintained for the confidential use of the Department and
13shall not be disclosed. The Department may not disclose the
14information to anyone other than law enforcement officials,
15other regulatory agencies that have an appropriate regulatory
16interest as determined by the Secretary, or a party presenting
17a lawful subpoena to the Department. Information and documents
18disclosed to a federal, State, county, or local law enforcement
19agency shall not be disclosed by the agency for any purpose to
20any other agency or person. A formal complaint filed against a
21licensee by the Department or any order issued by the
22Department against a licensee or applicant shall be a public
23record, except as otherwise prohibited by law.
 
24    (225 ILCS 107/95)

 

 

09700HB4520ham001- 46 -LRB097 19605 CEL 67103 a

1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 95. Record of proceedings; transcript. The
3Department, at its expense, shall preserve a record of all
4proceedings at the formal hearing of any case. The notice of
5hearing, complaint, all other documents in the nature of
6pleadings, written motions filed in the proceedings, the
7transcript of testimony, the report of the Board and orders of
8the Department shall be in the record of such proceeding. The
9Department shall furnish a transcript of the record to any
10person interested in the hearing upon payment of the fee
11required under Section 2105-115 of the Department of
12Professional Regulation Law (20 ILCS 2105/2105-115).
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    (225 ILCS 107/100)
15    (Section scheduled to be repealed on January 1, 2013)
16    Sec. 100. Subpoenas; depositions; oaths. The Department
17has the power to subpoena and to bring before it any person and
18to take the oral or written testimony or compel the production
19of any books, papers, records, or any other documents that the
20Secretary or his or her designee deems relevant or material to
21any investigation or hearing conducted by the Department either
22orally or by deposition, or both, with the same fees and
23mileage and in the same manner as prescribed in civil cases in
24the courts of this State.
25    The Secretary Director, the designated hearing officer,

 

 

09700HB4520ham001- 47 -LRB097 19605 CEL 67103 a

1any and every member of the Board, or a certified shorthand
2court reporter may has the power to administer oaths to
3witnesses at any hearing which the Department conducts is
4authorized to conduct, and any other oaths authorized in any
5Act administered by the Department. Notwithstanding any other
6statute or Department rules to the contrary, all requests for
7testimony, production of documents, or records shall be in
8accordance with this Act.
9(Source: P.A. 87-1011.)
 
10    (225 ILCS 107/105)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 105. Compelling testimony. Any circuit court, upon
13application of the Department, designated hearing officer, or
14the applicant or licensee against whom proceedings under
15Section 80 of this Act are pending, may enter an order
16requiring the attendance of witnesses and their testimony and
17the production of relevant documents, papers, files, books, and
18records in connection with any hearing or investigation. The
19court may compel obedience to its order by proceedings for
20contempt.
21(Source: P.A. 87-1011.)
 
22    (225 ILCS 107/110)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 110. Findings and recommendations. At the conclusion

 

 

09700HB4520ham001- 48 -LRB097 19605 CEL 67103 a

1of the hearing, the Board shall present to the Secretary
2Director a written report of its findings of fact, conclusions
3of law, and recommendations. The report shall contain a finding
4whether the licensee violated this Act or failed to comply with
5the conditions required in this Act. The Board shall specify
6the nature of the violation or failure to comply, and shall
7make its recommendations to the Secretary Director.
8    The report of findings of fact, conclusions of law, and
9recommendation of the Board shall be the basis for the
10Department's order for refusing to issue, restore, or renew a
11license, or otherwise discipline a licensee refusal or for the
12granting of the license. If the Secretary Director disagrees
13with the recommendations of the Board, the Secretary Director
14may issue an order in contravention of the Board
15recommendations. The Director shall provide a written report to
16the Board on any disagreement and shall specify the reasons for
17the action in the final order. The finding is not admissible in
18evidence against the person in a criminal prosecution brought
19for the violation of this Act, but the hearing and findings are
20not a bar to a criminal prosecution brought for the violation
21of this Act.
22(Source: P.A. 87-1011.)
 
23    (225 ILCS 107/115)
24    (Section scheduled to be repealed on January 1, 2013)
25    Sec. 115. Motion for Board; rehearing. In any hearing

 

 

09700HB4520ham001- 49 -LRB097 19605 CEL 67103 a

1involving the refusal to issue or renew a license, or the
2discipline of a licensee At the conclusion of the hearing, a
3copy of the Board's report shall be served upon the applicant
4or licensee by the Department, either personally or as provided
5in this Act for the service of the notice of hearing. Within 20
6days after such service, the applicant or licensee may present
7to the Department a motion in writing for a rehearing which
8shall specify the particular grounds for rehearing. If no
9motion for a rehearing is filed, then upon the expiration of
10the time specified for filing such a motion, or if a motion for
11rehearing is denied, then upon such denial, the Secretary
12Director may enter an order in accordance with recommendations
13of the Board, except as provided in Section 120 of this Act. If
14the applicant or licensee requests and pays for a transcript of
15the record within the time for filing a motion for rehearing,
16the 20-day period within which a motion may be filed shall
17commence upon the delivery of the transcript to the applicant
18or licensee.
19(Source: P.A. 87-1011; 87-1269.)
 
20    (225 ILCS 107/120)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 120. Order for Director; rehearing. Whenever the
23Secretary is not satisfied that substantial Director believes
24justice has not been done in the revocation, suspension or
25refusal to issue or renew a license or the discipline of a

 

 

09700HB4520ham001- 50 -LRB097 19605 CEL 67103 a

1licensee, the Secretary he or she may order a rehearing by the
2same or other hearing officers.
3(Source: P.A. 87-1011.)
 
4    (225 ILCS 107/125)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 125. Appointment of a hearing officer. The Secretary
7Director has the authority to appoint any attorney licensed to
8practice law in the State of Illinois to serve as the hearing
9officer in any action for refusal to issue or renew a license
10or permit or to discipline a licensee. The hearing officer has
11full authority to conduct the hearing. At least one member of
12the Board shall attend each hearing. The hearing officer shall
13report his or her findings of fact, conclusions of law, and
14recommendations to the Board and to the Secretary Director. The
15Board shall have 60 calendar days from receipt of the report to
16review it and to present its findings of fact, conclusions of
17law and recommendation to the Secretary Director. If the Board
18does not present its report within the 60 day period, the
19Secretary Director may issue an order based on the report of
20the hearing officer. If the Secretary Director disagrees with
21the recommendation of the Board or of the hearing officer, the
22Secretary Director may issue an order in contravention of the
23recommendation. The Director shall promptly provide a written
24explanation to the Board on any such disagreement.
25(Source: P.A. 87-1011; 87-1269.)
 

 

 

09700HB4520ham001- 51 -LRB097 19605 CEL 67103 a

1    (225 ILCS 107/130)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 130. Order or certified copy; prima facie proof. An
4order or certified copy thereof, over the seal of the
5Department and purporting to be signed by the Secretary
6Director, is prima facie proof that:
7    (a) the The signature is the genuine signature of the
8Secretary Director; and
9    (b) the Secretary The Director is duly appointed and
10qualified. ; and
11    (c) The Board and the members thereof are qualified to act.
12(Source: P.A. 87-1011.)
 
13    (225 ILCS 107/135)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 135. Restoration of suspended or revoked license from
16discipline. At any time after the successful completion of a
17term of indefinite probation, suspension, or revocation of a
18license, the Department may restore the license to the
19licensee, unless, after an investigation and a hearing, the
20Secretary determines that restoration is not in the public
21interest or that the licensee has not been sufficiently
22rehabilitated to warrant the public trust. No person or entity
23whose license, certificate, or authority has been revoked as
24authorized in this Act may apply for restoration of that

 

 

09700HB4520ham001- 52 -LRB097 19605 CEL 67103 a

1license, certification, or authority until such time as
2provided for in Article 2105 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois
4suspension or revocation of any license, the Department may
5restore it to the licensee upon the written recommendation of
6the Board, unless after an investigation and hearing the Board
7determines that restoration is not in the public interest.
8(Source: P.A. 87-1011.)
 
9    (225 ILCS 107/145)
10    (Section scheduled to be repealed on January 1, 2013)
11    Sec. 145. Summary suspension of license. The Secretary
12Director may summarily suspend the license of a professional
13counselor or a clinical professional counselor without a
14hearing, simultaneously with the institution of proceedings
15for a hearing provided for in Section 90 of this Act, if the
16Secretary Director finds that the evidence in the possession of
17the Director indicates that the continuation of practice by the
18professional counselor or clinical professional counselor
19would constitute an imminent danger to the public. In the event
20that the Secretary Director summarily suspends the license of
21an individual without a hearing, a hearing must be commenced
22held within 30 days after the suspension has occurred and shall
23be concluded as expeditiously as possible.
24(Source: P.A. 87-1011.)
 

 

 

09700HB4520ham001- 53 -LRB097 19605 CEL 67103 a

1    (225 ILCS 107/155)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 155. Certification of record; costs. The Department
4shall not be required to certify any record to the court, to
5file an answer in court, or to otherwise appear in any court in
6a judicial review proceeding, unless and until the Department
7has received from the plaintiff there is filed in the court,
8with the complaint, a receipt from the Department acknowledging
9payment of the costs of furnishing and certifying the record,
10which costs shall be determined by the Department. Exhibits
11shall be certified without cost. Failure on the part of the
12plaintiff to file the receipt in court is grounds for dismissal
13of the action.
14(Source: P.A. 87-1011.)
 
15    (225 ILCS 107/160)
16    (Section scheduled to be repealed on January 1, 2013)
17    Sec. 160. Violations.
18    (a) Unless otherwise specified, any person found to have
19violated any Section provision of this Act other than this
20Section is guilty of a Class A misdemeanor for the first
21offense.
22    (b) Each of the following acts is a Class A misdemeanor for
23the first offense and a Class 4 felony for a second or
24subsequent offense:
25        (1) the making of any willfully false oath or

 

 

09700HB4520ham001- 54 -LRB097 19605 CEL 67103 a

1    affirmation in any matter or proceeding where an oath or
2    affirmation is required by this Act;
3        (2) using or attempting to use an inactive, suspended,
4    or revoked license or the license of another, impersonating
5    another licensee, or practicing clinical professional
6    counseling or professional counseling as defined by this
7    Act, or using the title "clinical professional counselor"
8    or "professional counselor" while one's license is
9    inactive, suspended, or revoked;
10        (3) the practice, attempt to practice, or offer to
11    practice clinical professional counseling or professional
12    counseling as defined by this Act, without the appropriate
13    license; each day of practicing or attempting to practice,
14    and each instance of offering to practice, without the
15    appropriate license constitutes a separate offense;
16        (4) advertising or displaying any sign or card or other
17    device that might indicate to the public that the person or
18    entity is entitled to practice as a licensed professional
19    counselor or licensed clinical professional counselor,
20    unless that person holds an active license as a licensed
21    professional counselor or licensed clinical professional
22    counselor; and
23        (5) obtaining or attempting to obtain a license by
24    fraud.
25(Source: P.A. 87-1011.)
 

 

 

09700HB4520ham001- 55 -LRB097 19605 CEL 67103 a

1    (225 ILCS 107/165)
2    (Section scheduled to be repealed on January 1, 2013)
3    Sec. 165. Administrative Procedure Act; application. The
4Illinois Administrative Procedure Act is hereby expressly
5adopted and incorporated in this Act as if all of the
6provisions of such Act were included in this Act, except that
7the provisions of subsection (d) of Section 10-65 of the
8Illinois Administrative Procedure Act that provides that at
9hearings the clinical professional counselor or professional
10counselor has the right to show compliance with all lawful
11requirements for retention, continuation, or renewal of the
12license is specifically excluded. For the purposes of this Act
13the notice required under Section 10-25 of the Illinois
14Administrative Procedure Act is deemed sufficient when mailed
15to the last known address of record of a party.
16(Source: P.A. 87-1011.)
 
17    Section 10. The Elder Abuse and Neglect Act is amended by
18changing Section 2 as follows:
 
19    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
20    Sec. 2. Definitions. As used in this Act, unless the
21context requires otherwise:
22    (a) "Abuse" means causing any physical, mental or sexual
23injury to an eligible adult, including exploitation of such
24adult's financial resources.

 

 

09700HB4520ham001- 56 -LRB097 19605 CEL 67103 a

1    Nothing in this Act shall be construed to mean that an
2eligible adult is a victim of abuse, neglect, or self-neglect
3for the sole reason that he or she is being furnished with or
4relies upon treatment by spiritual means through prayer alone,
5in accordance with the tenets and practices of a recognized
6church or religious denomination.
7    Nothing in this Act shall be construed to mean that an
8eligible adult is a victim of abuse because of health care
9services provided or not provided by licensed health care
10professionals.
11    (a-5) "Abuser" means a person who abuses, neglects, or
12financially exploits an eligible adult.
13    (a-7) "Caregiver" means a person who either as a result of
14a family relationship, voluntarily, or in exchange for
15compensation has assumed responsibility for all or a portion of
16the care of an eligible adult who needs assistance with
17activities of daily living.
18    (b) "Department" means the Department on Aging of the State
19of Illinois.
20    (c) "Director" means the Director of the Department.
21    (d) "Domestic living situation" means a residence where the
22eligible adult at the time of the report lives alone or with
23his or her family or a caregiver, or others, or a board and
24care home or other community-based unlicensed facility, but is
25not:
26        (1) A licensed facility as defined in Section 1-113 of

 

 

09700HB4520ham001- 57 -LRB097 19605 CEL 67103 a

1    the Nursing Home Care Act;
2        (1.5) A facility licensed under the ID/DD Community
3    Care Act;
4        (1.7) A facility licensed under the Specialized Mental
5    Health Rehabilitation Act;
6        (2) A "life care facility" as defined in the Life Care
7    Facilities Act;
8        (3) A home, institution, or other place operated by the
9    federal government or agency thereof or by the State of
10    Illinois;
11        (4) A hospital, sanitarium, or other institution, the
12    principal activity or business of which is the diagnosis,
13    care, and treatment of human illness through the
14    maintenance and operation of organized facilities
15    therefor, which is required to be licensed under the
16    Hospital Licensing Act;
17        (5) A "community living facility" as defined in the
18    Community Living Facilities Licensing Act;
19        (6) (Blank);
20        (7) A "community-integrated living arrangement" as
21    defined in the Community-Integrated Living Arrangements
22    Licensure and Certification Act;
23        (8) An assisted living or shared housing establishment
24    as defined in the Assisted Living and Shared Housing Act;
25    or
26        (9) A supportive living facility as described in

 

 

09700HB4520ham001- 58 -LRB097 19605 CEL 67103 a

1    Section 5-5.01a of the Illinois Public Aid Code.
2    (e) "Eligible adult" means a person 60 years of age or
3older who resides in a domestic living situation and is, or is
4alleged to be, abused, neglected, or financially exploited by
5another individual or who neglects himself or herself.
6    (f) "Emergency" means a situation in which an eligible
7adult is living in conditions presenting a risk of death or
8physical, mental or sexual injury and the provider agency has
9reason to believe the eligible adult is unable to consent to
10services which would alleviate that risk.
11    (f-5) "Mandated reporter" means any of the following
12persons while engaged in carrying out their professional
13duties:
14        (1) a professional or professional's delegate while
15    engaged in: (i) social services, (ii) law enforcement,
16    (iii) education, (iv) the care of an eligible adult or
17    eligible adults, or (v) any of the occupations required to
18    be licensed under the Clinical Psychologist Licensing Act,
19    the Clinical Social Work and Social Work Practice Act, the
20    Illinois Dental Practice Act, the Dietetic and Nutrition
21    Services Practice Act, the Marriage and Family Therapy
22    Licensing Act, the Medical Practice Act of 1987, the
23    Naprapathic Practice Act, the Nurse Practice Act, the
24    Nursing Home Administrators Licensing and Disciplinary
25    Act, the Illinois Occupational Therapy Practice Act, the
26    Illinois Optometric Practice Act of 1987, the Pharmacy

 

 

09700HB4520ham001- 59 -LRB097 19605 CEL 67103 a

1    Practice Act, the Illinois Physical Therapy Act, the
2    Physician Assistant Practice Act of 1987, the Podiatric
3    Medical Practice Act of 1987, the Respiratory Care Practice
4    Act, the Professional Counselor and Clinical Professional
5    Counselor Licensing and Practice Act, the Illinois
6    Speech-Language Pathology and Audiology Practice Act, the
7    Veterinary Medicine and Surgery Practice Act of 2004, and
8    the Illinois Public Accounting Act;
9        (2) an employee of a vocational rehabilitation
10    facility prescribed or supervised by the Department of
11    Human Services;
12        (3) an administrator, employee, or person providing
13    services in or through an unlicensed community based
14    facility;
15        (4) any religious practitioner who provides treatment
16    by prayer or spiritual means alone in accordance with the
17    tenets and practices of a recognized church or religious
18    denomination, except as to information received in any
19    confession or sacred communication enjoined by the
20    discipline of the religious denomination to be held
21    confidential;
22        (5) field personnel of the Department of Healthcare and
23    Family Services, Department of Public Health, and
24    Department of Human Services, and any county or municipal
25    health department;
26        (6) personnel of the Department of Human Services, the

 

 

09700HB4520ham001- 60 -LRB097 19605 CEL 67103 a

1    Guardianship and Advocacy Commission, the State Fire
2    Marshal, local fire departments, the Department on Aging
3    and its subsidiary Area Agencies on Aging and provider
4    agencies, and the Office of State Long Term Care Ombudsman;
5        (7) any employee of the State of Illinois not otherwise
6    specified herein who is involved in providing services to
7    eligible adults, including professionals providing medical
8    or rehabilitation services and all other persons having
9    direct contact with eligible adults;
10        (8) a person who performs the duties of a coroner or
11    medical examiner; or
12        (9) a person who performs the duties of a paramedic or
13    an emergency medical technician.
14    (g) "Neglect" means another individual's failure to
15provide an eligible adult with or willful withholding from an
16eligible adult the necessities of life including, but not
17limited to, food, clothing, shelter or health care. This
18subsection does not create any new affirmative duty to provide
19support to eligible adults. Nothing in this Act shall be
20construed to mean that an eligible adult is a victim of neglect
21because of health care services provided or not provided by
22licensed health care professionals.
23    (h) "Provider agency" means any public or nonprofit agency
24in a planning and service area appointed by the regional
25administrative agency with prior approval by the Department on
26Aging to receive and assess reports of alleged or suspected

 

 

09700HB4520ham001- 61 -LRB097 19605 CEL 67103 a

1abuse, neglect, or financial exploitation.
2    (i) "Regional administrative agency" means any public or
3nonprofit agency in a planning and service area so designated
4by the Department, provided that the designated Area Agency on
5Aging shall be designated the regional administrative agency if
6it so requests. The Department shall assume the functions of
7the regional administrative agency for any planning and service
8area where another agency is not so designated.
9    (i-5) "Self-neglect" means a condition that is the result
10of an eligible adult's inability, due to physical or mental
11impairments, or both, or a diminished capacity, to perform
12essential self-care tasks that substantially threaten his or
13her own health, including: providing essential food, clothing,
14shelter, and health care; and obtaining goods and services
15necessary to maintain physical health, mental health,
16emotional well-being, and general safety. The term includes
17compulsive hoarding, which is characterized by the acquisition
18and retention of large quantities of items and materials that
19produce an extensively cluttered living space, which
20significantly impairs the performance of essential self-care
21tasks or otherwise substantially threatens life or safety.
22    (j) "Substantiated case" means a reported case of alleged
23or suspected abuse, neglect, financial exploitation, or
24self-neglect in which a provider agency, after assessment,
25determines that there is reason to believe abuse, neglect, or
26financial exploitation has occurred.

 

 

09700HB4520ham001- 62 -LRB097 19605 CEL 67103 a

1(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
2eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
3eff. 1-1-12; 97-300, eff. 8-11-11; revised 10-4-11.)
 
4    Section 15. The Unified Code of Corrections is amended by
5changing Section 5-5-5 as follows:
 
6    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
7    Sec. 5-5-5. Loss and Restoration of Rights.
8    (a) Conviction and disposition shall not entail the loss by
9the defendant of any civil rights, except under this Section
10and Sections 29-6 and 29-10 of The Election Code, as now or
11hereafter amended.
12    (b) A person convicted of a felony shall be ineligible to
13hold an office created by the Constitution of this State until
14the completion of his sentence.
15    (c) A person sentenced to imprisonment shall lose his right
16to vote until released from imprisonment.
17    (d) On completion of sentence of imprisonment or upon
18discharge from probation, conditional discharge or periodic
19imprisonment, or at any time thereafter, all license rights and
20privileges granted under the authority of this State which have
21been revoked or suspended because of conviction of an offense
22shall be restored unless the authority having jurisdiction of
23such license rights finds after investigation and hearing that
24restoration is not in the public interest. This paragraph (d)

 

 

09700HB4520ham001- 63 -LRB097 19605 CEL 67103 a

1shall not apply to the suspension or revocation of a license to
2operate a motor vehicle under the Illinois Vehicle Code.
3    (e) Upon a person's discharge from incarceration or parole,
4or upon a person's discharge from probation or at any time
5thereafter, the committing court may enter an order certifying
6that the sentence has been satisfactorily completed when the
7court believes it would assist in the rehabilitation of the
8person and be consistent with the public welfare. Such order
9may be entered upon the motion of the defendant or the State or
10upon the court's own motion.
11    (f) Upon entry of the order, the court shall issue to the
12person in whose favor the order has been entered a certificate
13stating that his behavior after conviction has warranted the
14issuance of the order.
15    (g) This Section shall not affect the right of a defendant
16to collaterally attack his conviction or to rely on it in bar
17of subsequent proceedings for the same offense.
18    (h) No application for any license specified in subsection
19(i) of this Section granted under the authority of this State
20shall be denied by reason of an eligible offender who has
21obtained a certificate of relief from disabilities, as defined
22in Article 5.5 of this Chapter, having been previously
23convicted of one or more criminal offenses, or by reason of a
24finding of lack of "good moral character" when the finding is
25based upon the fact that the applicant has previously been
26convicted of one or more criminal offenses, unless:

 

 

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

 

 

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1    disabilities issued to the applicant, which certificate
2    shall create a presumption of rehabilitation in regard to
3    the offense or offenses specified in the certificate; and
4        (8) the legitimate interest of the licensing agency in
5    protecting property, and the safety and welfare of specific
6    individuals or the general public.
7    (i) A certificate of relief from disabilities shall be
8issued only for a license or certification issued under the
9following Acts:
10        (1) the Animal Welfare Act; except that a certificate
11    of relief from disabilities may not be granted to provide
12    for the issuance or restoration of a license under the
13    Animal Welfare Act for any person convicted of violating
14    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
15    Care for Animals Act or Section 26-5 of the Criminal Code
16    of 1961;
17        (2) the Illinois Athletic Trainers Practice Act;
18        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
19    and Nail Technology Act of 1985;
20        (4) the Boiler and Pressure Vessel Repairer Regulation
21    Act;
22        (5) the Boxing and Full-contact Martial Arts Act;
23        (6) the Illinois Certified Shorthand Reporters Act of
24    1984;
25        (7) the Illinois Farm Labor Contractor Certification
26    Act;

 

 

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1        (8) the Interior Design Title Act;
2        (9) the Illinois Professional Land Surveyor Act of
3    1989;
4        (10) the Illinois Landscape Architecture Act of 1989;
5        (11) the Marriage and Family Therapy Licensing Act;
6        (12) the Private Employment Agency Act;
7        (13) the Professional Counselor and Clinical
8    Professional Counselor Licensing and Practice Act;
9        (14) the Real Estate License Act of 2000;
10        (15) the Illinois Roofing Industry Licensing Act;
11        (16) the Professional Engineering Practice Act of
12    1989;
13        (17) the Water Well and Pump Installation Contractor's
14    License Act;
15        (18) the Electrologist Licensing Act;
16        (19) the Auction License Act;
17        (20) the Illinois Architecture Practice Act of 1989;
18        (21) the Dietetic and Nutrition Services Practice Act;
19        (22) the Environmental Health Practitioner Licensing
20    Act;
21        (23) the Funeral Directors and Embalmers Licensing
22    Code;
23        (24) the Land Sales Registration Act of 1999;
24        (25) the Professional Geologist Licensing Act;
25        (26) the Illinois Public Accounting Act; and
26        (27) the Structural Engineering Practice Act of 1989.

 

 

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1(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".