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92_HB0438eng HB0438 Engrossed LRB9202812LBgc 1 AN ACT in relation to counseling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Professional Counselor and Clinical 5 Professional Counselor Licensing Act is amended by changing 6 Sections 20, 60, and 80 as follows: 7 (225 ILCS 107/20) 8 Sec. 20. Restrictions and limitations. 9 (a) No person shall, without a valid license as a 10 professional counselor issued by the Department: (i) in any 11 manner hold himself or herself out to the public as a 12 professional counselor under this Act; (ii) attach the title 13 "professional counselor" or "licensed professional 14 counselor"; or (iii) offer to render or render to 15 individuals, corporations, or the public professional 16 counseling services if the words "professional counselor" or 17 "licensed professional counselor" are used to describe the 18 person offering to render or rendering them, or "professional 19 counseling" is used to describe the services rendered or 20 offered to be rendered. 21 (b) No person shall, without a valid license as a 22 clinical professional counselor issued by the Department: (i) 23 in any manner hold himself or herself out to the public as a 24 clinical professional counselor or licensed clinical 25 professional counselor under this Act; (ii) attach the title 26 "clinical professional counselor" or "licensed clinical 27 professional counselor"; or (iii) offer to render to 28 individuals, corporations, or the public clinical 29 professional counseling services if the words "licensed 30 clinical professional counselor" are used to describe the 31 person to render or rendering them, or "clinical professional HB0438 Engrossed -2- LRB9202812LBgc 1 counseling" is used to describe the services rendered or 2 offered to be rendered. 3 (c) Licensed professional counselors may not engage in 4 independent private practice as defined in this Act without a 5 clinical professional counseling license. In private 6 practice, a licensed professional counselor must practice at 7 all times under the order, control, and full professional 8 responsibility of a licensed clinical professional counselor, 9 a licensed clinical social worker, a licensed clinical 10 psychologist, or a psychiatrist, as defined in Section 1-121 11 of the Mental Health and Developmental Disabilities Code. 12 (d)No association or partnership shall be granted a13license unless every member, partner, and employee of the14association or partnership who practices professional15counseling or clinical professional counseling, or who16renders professional counseling or clinical professional17counseling services, holds a currently valid license issued18under this Act.No license shall be issued to a corporation, 19 the stated purpose of which includes or which practices or 20 which holds itself out as available to practice professional 21 counseling or clinical professional counseling unless it is 22 organized under the Professional Service Corporation Act. 23 (e) Nothing in this Act shall be construed as permitting 24 persons licensed as professional counselors or clinical 25 professional counselors to engage in any manner in the 26 practice of medicine in all its branches as defined by law in 27 this State. 28 (f) When, in the course of providing professional 29 counseling or clinical professional counseling services to 30 any person, a professional counselor or clinical professional 31 counselor licensed under this Act finds indication of a 32 disease or condition that in his or her professional judgment 33 requires professional service outside the scope of practice 34 as defined in this Act, he or she shall refer that person to HB0438 Engrossed -3- LRB9202812LBgc 1 a physician licensed to practice medicine in all of its 2 branches or another appropriate health care practitioner. 3 (Source: P.A. 87-1011.) 4 (225 ILCS 107/60) 5 Sec. 60. Fees. The fees imposed under this Act shall be 6 set by ruleare as followsand are not refundable.:7(a) The fee for application for a professional counselor8or clinical professional counselor license is $150.9(b) The fee for application for a temporary professional10counselor license or temporary clinical professional11counselor license is $150.12(c) Applicants for examination shall pay, either to the13Department or to the designated testing service, a fee14covering the cost of providing the examination.15(d) The fee for the renewal of a license is $60 per16year.17(e) The fee for the reinstatement of a license which has18been expired for less than 5 years is $20, plus payment of19all unpaid fees for every year that has lapsed.20(f) The fee for the restoration of a license which has21been expired for more than 5 years is $300.22(g) The fee for the issuance of a duplicate license, the23issuance of a replacement for a license that has been lost or24destroyed, or the issuance of a license with a change of name25or address, other than during the renewal period, is $20. No26fee is required for name and address changes on Department27records when no duplicate license is issued.28(h) The fee for the certification of a license for any29purpose is $20.30(i) The fee for rescoring an examination is the cost to31the Department of rescoring the examination, plus any fees32charged by the applicable testing service to have the33examination rescored.HB0438 Engrossed -4- LRB9202812LBgc 1(j) The fee for copies of a license shall be the actual2cost of producing such copies.3(k) The fee for a roster of persons licensed as4professional counselors or clinical professional counselors5is the actual cost of producing such a roster.6(l) The fee for application for a license by a7professional counselor or clinical professional counselor8registered or licensed under the laws of another jurisdiction9is $200.10(m) The fee for a sponsor of continuing education shall11be set by rule.12 All of the fees collected under this Act shall be 13 deposited into the General Professions Dedicated Fund. 14 (Source: P.A. 87-1011; 87-1269; 88-683, eff. 1-24-95.) 15 (225 ILCS 107/80) 16 Sec. 80. Grounds for discipline. 17 (a) The Department may refuse to issue, renew, or may 18 revoke, suspend, place on probation, reprimand, or take other 19 disciplinary action as the Department deems appropriate, 20 including the issuance of fines not to exceed $1000 for each 21 violation, with regard to any license for any one or more of 22 the following: 23 (1) Material misstatement in furnishing information 24 to the Department or to any other State agency. 25 (2) Violations or negligent or intentional 26 disregard of this Act, or any of its rules. 27 (3) Conviction of any crime under the laws of the 28 United States or any state or territory thereof that is a 29 felony, or that is a misdemeanor, an essential element of 30 which is dishonesty, or of any crime which is directly 31 related to the practice of the profession. 32 (4) Making any misrepresentation for the purpose of 33 obtaining a license, or violating any provision of this HB0438 Engrossed -5- LRB9202812LBgc 1 Act or its rules. 2 (5) Professional incompetence or gross negligence 3 in the rendering of professional counseling or clinical 4 professional counseling services. 5 (6) Malpractice. 6 (7) Aiding or assisting another person in violating 7 any provision of this Act or any rules. 8 (8) Failing to provide information within 60 days 9 in response to a written request made by the Department. 10 (9) Engaging in dishonorable, unethical, or 11 unprofessional conduct of a character likely to deceive, 12 defraud, or harm the public and violating the rules of 13 professional conduct adopted by the Department. 14 (10) Habitual or excessive use or addiction to 15 alcohol, narcotics, stimulants, or any other chemical 16 agent or drug which results in inability to practice with 17 reasonable skill, judgment, or safety. 18 (11) Discipline by another jurisdiction, if at 19 least one of the grounds for the discipline is the same 20 or substantially equivalent to those set forth in this 21 Section. 22 (12) Directly or indirectly giving to or receiving 23 from any person, firm, corporation, partnership or 24 association any fee, commission, rebate or other form of 25 compensation for any professional service not actually 26 rendered. 27 (13) A finding by the Board that the licensee, 28 after having the license placed on probationary status, 29 has violated the terms of probation. 30 (14) Abandonment of a client. 31 (15) Willfully filing false reports relating to a 32 licensee's practice, including but not limited to false 33 records filed with federal or State agencies or 34 departments. HB0438 Engrossed -6- LRB9202812LBgc 1 (16) Willfully failing to report an instance of 2 suspected child abuse or neglect as required by the 3 Abused and Neglected Child Reporting Act. 4 (17) Being named as a perpetrator in an indicated 5 report by the Department of Children and Family Services 6 pursuant to the Abused and Neglected Child Reporting Act, 7 and upon proof by clear and convincing evidence that the 8 licensee has caused a child to be an abused child or 9 neglected child as defined in the Abused and Neglected 10 Child Reporting Act. 11 (18) Physical or mental disability, including 12 deterioration through the aging process or loss of 13 abilities and skills which results in the inability to 14 practice the profession with reasonable judgment, skill, 15 or safety. 16 (19) Solicitation of professional services by using 17 false or misleading advertising. 18 (20) Failure to file a return, or to pay the tax, 19 penalty or interest shown in a filed return, or to pay 20 any final assessment of tax, penalty or interest, as 21 required by any tax Act administered by the Illinois 22 Department of Revenue or any successor agency or the 23 Internal Revenue Service or any successor agency. 24 (21) A finding that licensure has been applied for 25 or obtained by fraudulent means. 26 (22) Practicing or attempting to practice under a 27 name other than the full name as shown on the license or 28 any other legally authorized name. 29 (23) Gross overcharging for professional services 30 including filing statements for collection of fees or 31 monies for which services are not rendered. 32 (b) The Department shall deny, without hearing, any 33 application or renewal for a license under this Act to any 34 person who has defaulted on an educational loan guaranteed by HB0438 Engrossed -7- LRB9202812LBgc 1 the Illinois State Assistance Commission; however, the 2 Department may issue a license or renewal if the person in 3 default has established a satisfactory repayment record as 4 determined by the Illinois Student Assistance Commission. 5 (b-1) In enforcing this Section, the Board, upon a 6 showing of a possible violation, may compel a licensee or 7 applicant to submit to a mental or physical examination, or 8 both, as required by and at the expense of the Department. 9 The examining physician or clinical psychologist shall be 10 specifically designated by the Board. The Board or the 11 Department may order (i) the examining physician to present 12 testimony concerning the mental or physical examination of a 13 licensee or applicant or (ii) the examining clinical 14 psychologist to present testimony concerning the mental 15 examination of a licensee or applicant. No information may 16 be excluded by reason of any common law or statutory 17 privilege relating to communications between a licensee or 18 applicant and the examining physician or clinical 19 psychologist. An individual to be examined may have, at his 20 or her own expense, another physician of his or her choice 21 present during all aspects of the examination. Failure of an 22 individual to submit to a mental or physical examination, 23 when directed, is grounds for suspension of his or her 24 license. The license must remain suspended until the time 25 that the individual submits to the examination or the Board 26 finds, after notice and a hearing, that the refusal to submit 27 to the examination was with reasonable cause. 28 (b-2) If the Board finds that an individual is unable to 29 practice because of the reasons set forth in this Section, 30 the Board must require the individual to submit to care, 31 counseling, or treatment by a physician or clinical 32 psychologist approved by the Board, as a condition, term, or 33 restriction for continued, reinstated, or renewed licensure 34 to practice. In lieu of care, counseling, or treatment, the HB0438 Engrossed -8- LRB9202812LBgc 1 Board may recommend that the Department file a complaint to 2 immediately suspend or revoke the license of the individual 3 or otherwise discipline him or her. Any individual whose 4 license was granted, continued, reinstated, or renewed 5 subject to conditions, terms, or restrictions, as provided 6 for in this Section, or any individual who was disciplined or 7 placed on supervision pursuant to this Section must be 8 referred to the Director for a determination as to whether 9 the individual shall have his or her license suspended 10 immediately, pending a hearing by the Board. 11 (c) The determination by a court that a licensee is 12 subject to involuntary admission or judicial admission as 13 provided in the Mental Health and Developmental Disabilities 14 Code will result in an automatic suspension of his or her 15 license. The suspension will end upon a finding by a court 16 that the licensee is no longer subject to involuntary 17 admission or judicial admission, the issuance of an order so 18 finding and discharging the patient, and the recommendation 19 of the Board to the Director that the licensee be allowed to 20 resume professional practice. 21 (Source: P.A. 87-1011; 87-1269.) 22 (225 ILCS 107/55 rep.) 23 Section 10. The Professional Counselor and Clinical 24 Professional Counselor Licensing Act is amended by repealing 25 Section 55. 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.