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Public Act 102-0878 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by | ||||
changing Sections 4.33 and 4.38 as follows: | ||||
(5 ILCS 80/4.33) | ||||
Sec. 4.33. Acts repealed on January 1,
2023. The following | ||||
Acts are
repealed on January 1, 2023: | ||||
The Dietitian Nutritionist Practice Act. | ||||
The Elevator Safety and Regulation Act.
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The Fire Equipment Distributor and Employee Regulation Act | ||||
of 2011. | ||||
The Funeral Directors and Embalmers Licensing Code. | ||||
The Naprapathic Practice Act. | ||||
The Pharmacy Practice Act. | ||||
The Professional Counselor and Clinical Professional | ||||
Counselor
Licensing and Practice Act. | ||||
The Wholesale Drug Distribution Licensing Act. | ||||
(Source: P.A. 101-621, eff. 12-20-19.) | ||||
(5 ILCS 80/4.38) | ||||
Sec. 4.38. Acts repealed on January 1, 2028. The following | ||||
Acts are repealed on January 1, 2028: |
The Acupuncture Practice Act. | ||
The Clinical Social Work and Social Work Practice Act. | ||
The Home Medical Equipment and Services Provider License | ||
Act. | ||
The Illinois Petroleum Education and Marketing Act. | ||
The Illinois Speech-Language Pathology and Audiology | ||
Practice Act. | ||
The Interpreter for the Deaf Licensure Act of 2007. | ||
The Nurse Practice Act. | ||
The Nursing Home Administrators Licensing and Disciplinary | ||
Act. | ||
The Physician Assistant Practice Act of 1987. | ||
The Podiatric Medical Practice Act of 1987.
| ||
The Professional Counselor and Clinical Professional | ||
Counselor
Licensing and Practice Act. | ||
(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; | ||
100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | ||
8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | ||
100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | ||
Section 10. The Professional Counselor and Clinical | ||
Professional Counselor
Licensing and Practice Act is amended | ||
by changing Sections 10, 15, 18, 20, 25, 30, 45, 50, 80, 90, | ||
100, 110, 130, 155, and 165 and by adding Section 11 as | ||
follows:
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(225 ILCS 107/10)
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(Section scheduled to be repealed on January 1, 2023)
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Sec. 10. Definitions. As used in this Act:
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file, as maintained | ||
by the Department's licensure maintenance unit. | ||
"Department" means the Department of Financial and | ||
Professional Regulation.
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"Board" means the Professional Counselor Licensing and | ||
Disciplinary
Board as appointed by the Secretary.
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"Person" means an individual, association, partnership, or
| ||
corporation.
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"Professional counseling" means the provision of services | ||
to
individuals, couples, groups, families, and organizations | ||
in any one or
more of the fields of professional counseling. | ||
"Professional counseling" includes the therapeutic process of: | ||
(i) conducting assessments and diagnosing for the purpose of | ||
establishing treatment goals and objectives and (ii) planning, |
implementing, and evaluating treatment plans using treatment | ||
interventions to facilitate human development and to identify | ||
and remediate mental, emotional, or behavioral disorders and | ||
associated distresses that interfere with mental health.
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Professional counseling may also include clinical | ||
professional
counseling as long as it is not conducted in | ||
independent private practice
as defined in this Act.
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"Clinical professional counseling" means the provision of
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professional counseling and mental health services, which | ||
includes, but is
not limited to, the application of clinical | ||
counseling theory and
techniques to prevent and alleviate | ||
mental and emotional disorders and
psychopathology and to | ||
promote optimal mental health, rehabilitation,
treatment, | ||
testing, assessment, and evaluation. "Clinical professional | ||
counseling" may include the practice of professional | ||
counseling as defined in this Act. It also includes
clinical | ||
counseling and psychotherapy in a professional relationship to
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assist individuals, couples, families, groups, and | ||
organizations to
alleviate emotional disorders, to understand | ||
conscious and unconscious
motivation, to resolve emotional, | ||
relationship, and attitudinal conflicts,
and to modify | ||
behaviors that interfere with effective emotional, social,
| ||
adaptive, and intellectual functioning.
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"Licensed professional counselor" and "professional | ||
counselor" means
a person who holds a license authorizing the | ||
practice of professional
counseling as defined in this Act.
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"Licensed clinical professional counselor" and "clinical
| ||
professional counselor" means a person who holds
a license | ||
authorizing the independent practice of clinical professional
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counseling in private practice as defined in this Act.
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"Independent private practice of clinical professional | ||
counseling" means the
application of clinical professional | ||
counseling knowledge and skills by a
licensed clinical | ||
professional counselor who regulates and is responsible
for | ||
her or his own practice or treatment procedures.
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"Clinical supervision" or "supervision" means the | ||
experience is under the order, control, and full professional | ||
responsibility of a supervisor who reviews review of aspects | ||
of
counseling and case
management in a face-to-face meeting | ||
with the person under supervision. "Face-to-face" means the | ||
session is live, interactive, and visual. Video is considered | ||
face-to-face if the session is synchronous and involves verbal | ||
and visual interaction during supervision.
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"Qualified supervisor" or "qualified clinical supervisor" | ||
means any
person who is a licensed clinical
professional | ||
counselor, licensed clinical social worker, licensed clinical
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psychologist, psychiatrist as defined in Section 1-121 of the | ||
Mental Health and
Developmental Disabilities Code, or other | ||
supervisor as defined by
rule. A qualified supervisor may be | ||
provided at the applicant's place of work,
or may be hired by | ||
the applicant to provide supervision.
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"License" means that which is required to practice |
professional
counseling or clinical professional counseling as | ||
defined in this Act.
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"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"Volunteer" means a person performing services without | ||
compensation for a nonprofit organization, a nonprofit | ||
corporation, a hospital, a governmental entity, or a private | ||
business, other than reimbursement for actual expenses | ||
incurred. "Volunteer" includes a person serving as a director, | ||
officer, trustee, or direct service volunteer. | ||
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/11 new) | ||
Sec. 11. Address of record; email address of record. All | ||
applicants and licensees shall: | ||
(1) provide a valid address and email address to the | ||
Department, which shall serve as the address of record and | ||
email address of record, respectively, at the time of | ||
application for licensure or renewal of a license; and | ||
(2) inform the Department of any change of address
of | ||
record or email address of record within 14 days after | ||
such change either through the Department's website or by | ||
contacting the Department's licensure maintenance unit.
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(225 ILCS 107/15)
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(Section scheduled to be repealed on January 1, 2023)
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Sec. 15. Exemptions.
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(a) This Act does not prohibit any persons legally | ||
regulated in this
State by any other Act from engaging in the | ||
practice for which they are
authorized as long as they do not | ||
represent themselves by the title of
"professional counselor", | ||
"licensed professional counselor", "clinical
professional | ||
counselor", or "licensed clinical professional counselor".
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This Act does not prohibit the practice of nonregulated | ||
professions whose
practitioners are engaged in the delivery of | ||
human services as long as
these practitioners do not represent | ||
themselves as or use the title of
"professional counselor", | ||
"licensed professional counselor", "clinical
professional | ||
counselor", or "licensed clinical professional counselor".
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(b) Nothing in this Act shall be construed to limit the | ||
activities and
services of a student, intern, or resident in | ||
professional counseling or
clinical professional counseling | ||
seeking to fulfill educational requirements in
order to | ||
qualify for a license under this Act
if (i) these activities | ||
and services constitute a part of the student's
supervised | ||
course of study, (ii) the activities and services are not | ||
conducted in an independent
practice, as defined in this
Act,
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(iii) the activities and services are supervised as
specified | ||
in this Act, and (iv) the student, intern, or resident
is | ||
designated by a title "intern" or "resident" or other | ||
designation of
trainee status. Nothing contained in this | ||
Section shall be construed
to permit students, interns, or |
residents to offer their services as
professional counselors | ||
or clinical professional counselors to any other
person, other | ||
than as specifically
excepted in this Section, unless they | ||
have been licensed under this Act.
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(b-5) Nothing in this Act shall be construed to limit the | ||
activities and services of individuals seeking to fulfill | ||
post-degree experience requirements in order to qualify for | ||
licensing as a clinical professional counselor under this Act, | ||
so long as the individual is not engaged in the independent | ||
private practice of clinical professional counseling as | ||
defined in this Act, and is in compliance with all applicable | ||
regulations regarding supervision including, but not limited | ||
to, the requirement that the supervised experience must be | ||
under the order, control, and full professional responsibility | ||
of their supervisor. The Department may, by rule, adopt | ||
further limitations on individuals practicing under this | ||
subsection. | ||
(c) Corporations, partnerships, and associations may | ||
employ practicum
students, interns, or post-degree candidates | ||
seeking to fulfill educational
requirements or the | ||
professional experience requirements needed to qualify
for a | ||
license under this Act if their activities and services
| ||
constitute a part of the student's supervised course of study | ||
or
post-degree professional experience requirements. Nothing | ||
in this paragraph
shall prohibit a corporation, partnership, | ||
or association from contracting
with a licensed health care |
professional to provide services that they are
licensed to | ||
provide.
| ||
(d) Nothing in this Act shall prevent the employment, by a | ||
professional
counselor or clinical professional counselor, | ||
person, association,
partnership, or a corporation furnishing | ||
professional counseling or
clinical professional counseling | ||
services for remuneration, of persons not
licensed as | ||
professional counselors or clinical professional counselors
| ||
under this Act to perform services in various capacities as | ||
needed if these
persons are not in any manner held out to the | ||
public or do not hold themselves
out to the public by any title | ||
or designation stating or implying that they are
professional | ||
counselors or clinical professional counselors.
| ||
(e) Nothing in this Act shall be construed to limit the | ||
services of a
person, not licensed under the provisions of | ||
this Act, in the employ of a
federal, State, county, or | ||
municipal agency or other political subdivision or
| ||
not-for-profit corporation providing human services if (1) the | ||
services are a
part of the duties in his or her salaried | ||
position, (2) the services are
performed solely on behalf of | ||
his or her employer, and (3) that person does not
in any manner | ||
represent himself or herself as or use the title of | ||
"professional
counselor", "licensed professional counselor", | ||
"clinical professional
counselor", or "licensed clinical | ||
professional counselor".
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(f) Duly recognized members of any religious organization |
shall not be
restricted from functioning in their ministerial | ||
capacity provided they do
not represent themselves as being | ||
professional counselors or clinical
professional counselors, | ||
or as providing "professional counseling" or
"clinical | ||
professional counseling". This Act shall not apply or be
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construed so as to apply to the employees or agents of a church | ||
or
religious organization or an organization owned, | ||
controlled, or affiliated
with a church or religious | ||
organization, unless the church, religious
organization, or | ||
owned, controlled, or affiliated organization designates or
| ||
holds these employees or agents out to the public as | ||
professional
counselors or clinical professional counselors or | ||
holds out their services
as being "professional counseling" or | ||
"clinical professional counseling".
| ||
(g) Nothing in this Act shall prohibit individuals not | ||
licensed under
the provisions of this Act who work in | ||
self-help groups or programs or
not-for-profit organizations | ||
from providing services in those groups,
programs, or | ||
organizations, as long as those persons are not in any
manner | ||
held out to the public as practicing professional counseling | ||
or
clinical professional counseling, or do not hold themselves | ||
out to the
public by any title or designation stating or | ||
implying that
they are professional counselors or clinical | ||
professional counselors.
| ||
(h) Nothing in this Act shall be construed to limit the | ||
activities and
use of the official title of "professional |
counselor" or "clinical
professional counselor" on the part of | ||
a person
not licensed under this Act who is an academic | ||
employee of a duly chartered
institution of higher education | ||
and who holds educational and professional
qualifications | ||
equivalent to those required for licensing under this Act,
| ||
insofar as such activities are performed in the person's role | ||
as an
academic employee, or insofar as such person engages in | ||
public speaking
with or without remuneration.
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(i) Nothing in this Act shall be construed to require | ||
licensure under
this Act or limit the services of a school | ||
counselor licensed certified by the Illinois State Board of | ||
Education State
Teacher Certification Board and employed as | ||
authorized by Section
10-22-24a or any other provision of the | ||
School Code as long as that person is
not in any manner held | ||
out to the public as a "professional counselor" or
"clinical | ||
professional counselor" or does not hold out his or her | ||
services as
being "professional counseling" or "clinical | ||
professional counseling".
| ||
(j) Nothing in this Act shall be construed to require any | ||
hospital,
clinic, home health agency, hospice, or other entity | ||
that provides health
care to employ or to contract with a | ||
person licensed under this Act to provide
professional | ||
counseling or clinical professional counseling services. These
| ||
persons may not hold themselves out or represent themselves to | ||
the public as
being licensed under this Act.
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(k) Nothing in this Act shall be construed to require |
licensure under
this Act or limit the services of a person | ||
employed by a private elementary
or secondary school who | ||
provides counseling within the scope of his or her
employment | ||
as long as that person is not in any manner held out to the | ||
public
as a "professional counselor" or "clinical professional | ||
counselor" or does not
hold out his or her services as being | ||
"professional counseling" or "clinical
professional | ||
counseling".
| ||
(l) Nothing in this Act shall be construed to require | ||
licensure under
this Act or limit the services of a rape crisis | ||
counselor who is an
employee or volunteer of a rape crisis | ||
organization as defined in Section
8-802.1 of the Code of | ||
Civil Procedure as long as that person is not in any
manner | ||
held out to the public as a "professional counselor" or | ||
"clinical
professional counselor" or does not hold out his or | ||
her services as being
"professional counseling" or "clinical | ||
professional counseling".
| ||
(m) Nothing in this Act shall be construed to prevent any | ||
licensed social
worker, licensed clinical social worker, or | ||
licensed clinical psychologist from
practicing professional | ||
counseling as long as that person is not in any manner
held out | ||
to the public as a "professional counselor" or "clinical | ||
professional
counselor" or does not hold out his or her | ||
services as being "professional
counseling" or "clinical | ||
professional counseling".
| ||
(n) Nothing in this Act shall be construed to limit the |
activities and use
of the official title of "professional | ||
counselor" or "clinical professional
counselor" on the part of | ||
a person not licensed under this Act who is a
physician | ||
licensed to practice medicine in all of its branches under the
| ||
Medical Practice Act of 1987.
| ||
(o) Nothing in this Act shall be construed to require | ||
licensure under this
Act or limit the services of a domestic | ||
violence counselor who is an employee
or volunteer of a | ||
domestic violence program as defined in Section 227 of the
| ||
Illinois Domestic Violence Act of 1986.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/18) | ||
(Section scheduled to be repealed on January 1, 2023) | ||
Sec. 18. Provision of clinical services by licensed | ||
professional counselors; scope of practice. | ||
(a) Licensed professional counselors may not engage in the | ||
independent practice of clinical professional counseling | ||
without a clinical professional counselor license. | ||
(b) In an independent private practice, a licensed | ||
professional counselor must practice at all times under the | ||
order, control, and full professional responsibility of a | ||
licensed clinical professional counselor, a licensed clinical | ||
social worker, a licensed clinical psychologist, or a | ||
psychiatrist as defined in Section 1-121 of the Mental Health | ||
and Developmental Disabilities Code. |
(c) When providing clinical professional counseling as set | ||
forth in this Act, a licensed professional counselor may not | ||
represent himself or herself as a sole or independent | ||
practitioner and may not use the title "clinical professional | ||
counselor" or "licensed clinical professional counselor". A | ||
licensed professional counselor providing clinical | ||
professional counseling shall always operate and represent | ||
himself or herself as providing services through or as a part | ||
of a group practice or through a clinical supervisor's | ||
practice, and the licensed professional counselor shall have | ||
no ownership interest in either type of practice. Licensed | ||
professional counselors providing clinical services shall | ||
provide the name and contact information of the licensed | ||
professional counselor's supervisor to all clients. | ||
(d) (Blank). Nothing in this Act shall be construed to | ||
limit licensed professional counselors from owning or engaging | ||
in sole or other type of practice or from using the title | ||
"licensed professional counselor" or "professional counselor" | ||
when providing social services that do not fall within the | ||
definition of professional counseling or clinical professional | ||
counseling as set forth in this Act. | ||
(e) The Department may adopt rules necessary to implement | ||
this Section.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
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(225 ILCS 107/20)
|
(Section scheduled to be repealed on January 1, 2023)
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Sec. 20. Restrictions and limitations.
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(a) No person shall, without a valid license as a | ||
professional
counselor issued by the Department: (i) in any | ||
manner hold himself or
herself out to the public as a | ||
professional counselor
under this Act; (ii) attach the title | ||
"professional counselor" , or "licensed
professional
| ||
counselor" , or use the credential "L.P.C." ; or (iii) offer to | ||
render or render to individuals,
corporations, or the public | ||
professional counseling services.
| ||
(b) No person shall, without a valid license as a clinical | ||
professional
counselor issued by the Department: (i) in any | ||
manner hold himself or
herself out to the public as a clinical | ||
professional counselor or licensed
clinical professional | ||
counselor
under this Act; (ii) attach the title "clinical | ||
professional counselor" , or
"licensed clinical professional
| ||
counselor" , or use the credential "L.P.C." ; or (iii) offer to | ||
render to individuals, corporations, or the
public clinical | ||
professional counseling services.
| ||
(c) (Blank).
| ||
(d) No association, limited liability company, | ||
professional limited liability company, or partnership shall | ||
provide, attempt to provide, or offer to provide
clinical | ||
professional counseling or professional counseling services | ||
unless
every member, partner, and employee of the association, | ||
limited liability company, professional limited liability |
company, or partnership who
practices professional counseling | ||
or clinical professional counseling
or who renders | ||
professional counseling or clinical
professional counseling | ||
services holds a currently
valid license issued under this | ||
Act. No business shall provide, attempt to provide, or offer | ||
to provide professional counseling or
clinical professional | ||
counseling services unless it is organized under the
| ||
Professional Service Corporation Act or Professional Limited | ||
Liability Company Act.
| ||
(d-5) Nothing in this Act shall preclude individuals | ||
licensed under this Act from practicing directly or indirectly | ||
for a physician licensed to practice medicine in all its | ||
branches under the Medical Practice Act of 1987 or for any | ||
legal entity as provided under subsection (c) of Section 22.2 | ||
of the Medical Practice Act of 1987. | ||
(e) Nothing in this Act shall be construed as permitting | ||
persons
licensed as professional counselors or clinical | ||
professional counselors to
engage in any manner in the | ||
practice of medicine in all its branches as defined
by law in | ||
this State.
| ||
(f) When, in the course of providing professional | ||
counseling or clinical
professional counseling services to any | ||
person, a professional counselor or
clinical professional | ||
counselor licensed under this Act finds indication of
a | ||
disease or condition that in his or her professional judgment | ||
requires
professional service outside the scope of practice as |
defined in this Act,
he or she shall refer that person to a | ||
physician licensed to practice
medicine in all of its branches | ||
or another appropriate health care
practitioner.
| ||
(Source: P.A. 99-227, eff. 8-3-15.)
| ||
(225 ILCS 107/25)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 25. Powers and duties of the Department. Subject to | ||
the
provisions of this Act, the Department may:
| ||
(a) Authorize examinations to ascertain the qualifications | ||
and fitness
of applicants for licensing as professional | ||
counselors or clinical
professional counselors and pass upon | ||
the qualifications of applicants for
licensure by endorsement.
| ||
(b) Conduct hearings on proceedings to refuse to issue or | ||
renew or to
revoke licenses or suspend, place on probation, | ||
censure, or reprimand or take any other disciplinary or | ||
non-disciplinary action with regard to a person
licensed under | ||
this Act.
| ||
(c) Formulate rules and regulations required for the | ||
administration of this
Act.
| ||
(d) (Blank). Maintain rosters of the names and addresses | ||
of all licensees, and
all persons whose licenses have been | ||
suspended, revoked, or denied renewal
for cause within the | ||
previous calendar year. These rosters shall be
available upon | ||
written request and payment of the required fee.
| ||
(e) Establish rules for determining approved
graduate |
professional counseling,
clinical professional counseling, | ||
psychology, rehabilitation counseling and
similar programs.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/30) (from Ch. 111, par. 8451-30)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 30. Professional Counselor Licensing and Disciplinary | ||
Board.
| ||
(a) The Secretary shall appoint a Board which shall serve | ||
in an advisory
capacity to the Secretary. The Board shall | ||
consist of 7 persons, one 2 of whom is
are licensed solely as a | ||
professional counselor counselors , 4 3 of whom are licensed
| ||
solely as clinical professional counselors, one full-time | ||
faculty member of an
accredited college or university that is | ||
engaged in training professional
counselors or clinical | ||
professional counselors who possesses the qualifications
| ||
substantially equivalent to the education and experience | ||
requirements for a
professional counselor or clinical | ||
professional counselor, and one member of
the public who is | ||
not a licensed health care provider . In appointing members of
| ||
the Board, the Secretary shall give due consideration to the | ||
adequate
representation of the various fields of counseling. | ||
In appointing members of
the Board, the Secretary shall give | ||
due consideration to recommendations by
members of the | ||
professions of professional counseling and clinical | ||
professional
counseling, the Statewide organizations |
representing the interests of
professional counselors and | ||
clinical professional counselors, organizations
representing | ||
the interests of academic programs, rehabilitation counseling
| ||
programs, and approved counseling programs in the State of | ||
Illinois.
| ||
(b) Members shall be appointed for and shall serve 4 year | ||
terms and
until their successors are appointed and qualified. | ||
No member of the Board shall serve more than 2 full consecutive | ||
terms. Any
appointment to fill a vacancy shall be for the | ||
unexpired portion of the term.
| ||
(c) The membership of the Board should reasonably reflect | ||
representation
from different geographic areas of Illinois.
| ||
(d) (Blank).
| ||
(e) The Secretary shall have the authority to remove or | ||
suspend any member for cause at any time prior to
the | ||
expiration of his or her term. The Secretary shall be the sole | ||
arbiter of cause.
| ||
(f) The Board shall annually elect one of its members as | ||
chairperson.
| ||
(g) The members of the Board shall be reimbursed for all | ||
legitimate,
necessary, and authorized expenses incurred in | ||
attending the meetings of
the Board.
| ||
(h) The Board may make recommendations on matters relating | ||
to
approving graduate counseling, rehabilitation counseling, | ||
psychology, and
related programs.
| ||
(i) The Board may make recommendations on matters relating |
to continuing
education including the number of hours | ||
necessary for license renewal, waivers
for those unable to | ||
meet such requirements, and acceptable course content.
These | ||
recommendations shall not impose an undue burden on the | ||
Department or an
unreasonable restriction on those seeking | ||
license renewal.
| ||
(j) The Secretary shall give due consideration to all | ||
recommendations of
the Board.
| ||
(k) Four members of the Board shall constitute a
quorum. A | ||
quorum is required for all Board decisions.
| ||
(l) Members of the Board shall have no criminal, civil, or | ||
professional
liability in
an action based upon a disciplinary | ||
proceeding or other activity performed in
good faith
as a | ||
member of the Board, except for willful or wanton misconduct.
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
| ||
(225 ILCS 107/45)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 45. Qualifications for a license.
| ||
(a) Professional counselor. A person is qualified to be | ||
licensed as a
licensed professional counselor, and the | ||
Department shall issue a license
authorizing the practice of | ||
professional counseling to an applicant who:
| ||
(1) has applied in writing on the prescribed form and | ||
has paid the
required fee;
| ||
(2) is at least 21 years of age and has not engaged in |
conduct or
activities which would constitute grounds for | ||
discipline under this Act;
| ||
(3) is a graduate of :
(A) a master's or doctoral level | ||
program in the field of counseling,
rehabilitation | ||
counseling, psychology, or similar degree program approved | ||
by
the Department; or
| ||
(B) in the case of an applicant who applied for | ||
licensure before the effective date of this amendatory | ||
Act of the 96th General Assembly, an approved | ||
baccalaureate program in human services or similar
| ||
degree program approved by the Department and can | ||
document the equivalent of 5
years of full-time | ||
satisfactory supervised experience, as established by | ||
rule,
under a qualified supervisor;
| ||
(4) has passed an examination for the practice of | ||
professional
counseling as authorized by the Department; | ||
and
| ||
(5) has paid the fees required by this Act.
| ||
Any person who has received certification by any State or | ||
national
organization whose standards are accepted by the | ||
Department as being
substantially similar to the standards in | ||
this Act may apply for a
professional counselor license and | ||
need not be examined further.
| ||
(b) Clinical professional counselor. A person is qualified | ||
to be
licensed as a clinical professional counselor, and the | ||
Department shall
issue a license authorizing the practice of |
clinical professional
counseling to an applicant who:
| ||
(1) has applied in writing on the prescribed form and | ||
has paid the
required fee;
| ||
(2) is at least 21 years of age and has not engaged in | ||
conduct or
activities which would constitute grounds for | ||
discipline under this Act ;
| ||
(3) is a graduate of:
| ||
(A) a master's level program in the field of | ||
counseling, rehabilitation
counseling, psychology, or | ||
similar degree program approved by the Department
and | ||
has completed the equivalent of 2 years full-time | ||
satisfactory supervised
employment or experience | ||
working as a clinical counselor under
the
direction of | ||
a qualified supervisor subsequent to the degree; or
| ||
(B) a doctoral program in the field of counseling, | ||
rehabilitation
counseling, psychology, or similar | ||
program approved by the Department and has
completed | ||
the equivalent of 2 years full-time satisfactory | ||
supervised
employment or experience working as a | ||
clinical counselor under
the
direction of a qualified | ||
supervisor, at least one year of which is subsequent
| ||
to the degree;
| ||
(4) has passed the examination for the practice of | ||
clinical
professional counseling as authorized by the | ||
Department; and
| ||
(5) has paid the fees required by this Act.
|
Any person who has received certification or licensure by | ||
any State or national
organization whose standards are | ||
accepted by the Department as being
substantially similar to | ||
the standards in this Act may apply for a clinical
| ||
professional counselor license, and need not be examined | ||
further.
| ||
(c) Examination for applicants under this Act shall be | ||
held at the
discretion of the Department from time to time but | ||
not less than once each
year. The examination used shall be | ||
authorized by the
Department.
| ||
(d) Upon application and payment of the required fee, an | ||
applicant who has
an active license as a clinical psychologist | ||
or a clinical social worker
licensed under the laws of this | ||
State may, without examination, be granted
registration as a | ||
licensed clinical professional counselor by the Department.
| ||
(Source: P.A. 96-1139, eff. 7-21-10; 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/50)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 50. Licenses; renewal; restoration; person in | ||
military service;
inactive status. | ||
(a) The expiration date and renewal period for each | ||
license issued under
this Act shall be set by rule. As a | ||
condition for renewal of a license, the licensee shall be | ||
required to complete continuing education in accordance with | ||
rules established by the Department and pay the current |
renewal fee .
| ||
(b) Any person who has permitted a license to expire or who | ||
has a
license on inactive status may have it restored by | ||
submitting an application to
the Department and filing proof | ||
of fitness acceptable to the Department, to have
the license | ||
restored, including, if appropriate, evidence which is | ||
satisfactory
to the Department certifying the active practice | ||
of professional counseling or
clinical professional counseling | ||
in another jurisdiction and by paying the
required fee.
| ||
(c) If the person has not maintained an active practice in | ||
another
jurisdiction which is satisfactory to the Department, | ||
the Department shall
determine, by an evaluation program | ||
established by rule, the person's fitness to resume active | ||
status and shall establish procedures and requirements for | ||
restoration.
| ||
(d) However, any person whose license expired while he or | ||
she was (i) in federal service on active duty with
the armed | ||
forces of the United States or the State Militia or (ii) in | ||
training or education under the
supervision of the United | ||
States government prior to induction into the
military service | ||
may have his or her license restored without paying any lapsed | ||
renewal
fees if, within 2 years after the honorable | ||
termination of such service, training, or
education, the | ||
Department is
furnished with satisfactory evidence that the | ||
person has been so engaged and
that such service, training, or | ||
education has been so terminated.
|
(e) A license to practice shall not be denied any | ||
applicant because of
the applicant's race, religion, creed, | ||
national origin, political beliefs
or activities, age, sex, | ||
sexual orientation, or physical impairment.
| ||
(f) (Blank). Any person requesting restoration from | ||
inactive status shall (i) be required to pay the current | ||
renewal fee, (ii) meet continuing education requirements, and | ||
(iii) be required to restore his or her license as provided in | ||
this Act. | ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/80)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 80. Grounds for discipline. | ||
(a) The Department may refuse to issue, renew, or may | ||
revoke, suspend, place
on probation, reprimand, or take other | ||
disciplinary or non-disciplinary action as the Department
| ||
deems appropriate, including the issuance of fines not to | ||
exceed $10,000 for each
violation, with regard to any license | ||
for any one or more of the following:
| ||
(1) Material misstatement in furnishing information to | ||
the
Department or to any other State agency.
| ||
(2) Violations or negligent or intentional disregard | ||
of this Act or rules adopted under this Act.
| ||
(3) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by |
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States: (i) | ||
that is a felony or (ii) that is a misdemeanor, an | ||
essential element of which is dishonesty, or that is | ||
directly related to the practice of the profession.
| ||
(4) Fraud or any misrepresentation in applying for or | ||
procuring a license under this Act or in connection with | ||
applying for renewal of a license under this Act.
| ||
(5) Professional incompetence or gross negligence in | ||
the rendering of
professional counseling or clinical | ||
professional counseling services.
| ||
(6) Malpractice.
| ||
(7) Aiding or assisting another person in violating | ||
any provision of
this Act or any rules.
| ||
(8) Failing to provide information within 60 days in | ||
response to a
written request made by the Department.
| ||
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public and violating the
rules of | ||
professional conduct adopted by the Department.
| ||
(10) Habitual or excessive use or abuse of drugs as | ||
defined in law as controlled substances, alcohol, or any | ||
other substance which results in inability
to practice | ||
with reasonable skill, judgment, or safety.
|
(11) Discipline by another jurisdiction, the District | ||
of Columbia, territory, county, or governmental agency, if | ||
at least one of the grounds
for the discipline is the same | ||
or substantially equivalent to those set
forth in this | ||
Section.
| ||
(12) Directly or indirectly giving to or receiving | ||
from any person, firm,
corporation, partnership, or | ||
association any fee, commission, rebate or
other form of | ||
compensation for any professional service not actually | ||
rendered. Nothing in this paragraph (12) affects any bona | ||
fide independent contractor or employment arrangements | ||
among health care professionals, health facilities, health | ||
care providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the licensee's practice under this | ||
Act. Nothing in this paragraph (12) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered.
| ||
(13) A finding by the Board that the licensee, after | ||
having the license
placed on probationary status, has | ||
violated the terms of probation.
| ||
(14) Abandonment of a client.
| ||
(15) Willfully filing false reports relating to a | ||
licensee's practice,
including but not limited to false |
records filed with federal or State
agencies or | ||
departments.
| ||
(16) Willfully failing to report an instance of | ||
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting Act and in matters | ||
pertaining to suspected abuse, neglect, financial | ||
exploitation, or self-neglect of adults with disabilities | ||
and older adults as set forth in the Adult Protective | ||
Services Act.
| ||
(17) Being named as a perpetrator in an indicated | ||
report by the
Department of Children and Family Services | ||
pursuant to the Abused and
Neglected Child Reporting Act, | ||
and upon proof by clear and convincing
evidence that the | ||
licensee has caused a child to be an abused child or
| ||
neglected child as defined in the Abused and Neglected | ||
Child Reporting Act.
| ||
(18) Physical or mental illness or disability, | ||
including, but not limited to, deterioration through the
| ||
aging process or loss of abilities and skills which | ||
results in the inability to
practice the profession with | ||
reasonable judgment, skill, or safety.
| ||
(19) Solicitation of professional services by using | ||
false or misleading
advertising.
| ||
(20) Allowing one's license under this Act to be used | ||
by an unlicensed person in violation of this Act.
| ||
(21) A finding that licensure has been applied for or |
obtained
by fraudulent means.
| ||
(22) Practicing under a false or, except as provided | ||
by law, an assumed name.
| ||
(23) Gross and willful overcharging for professional | ||
services including filing
statements for collection of | ||
fees or monies for which services are not
rendered.
| ||
(24) Rendering professional counseling or clinical | ||
professional
counseling
services without a license or | ||
practicing outside the scope of a license.
| ||
(25) Clinical supervisors failing to adequately and | ||
responsibly monitor
supervisees.
| ||
All fines imposed under this Section shall be paid within | ||
60 days after the effective date of the order imposing the | ||
fine. | ||
(b) (Blank).
| ||
(b-5) The Department may refuse to issue or may suspend | ||
without hearing, as provided for in the Code of Civil | ||
Procedure, the license of any person who fails to file a | ||
return, pay the tax, penalty, or interest shown in a filed | ||
return, or pay any final assessment of the tax, penalty, or | ||
interest as required by any tax Act administered by the | ||
Illinois Department of Revenue, until such time as the | ||
requirements of any such tax Act are satisfied in accordance | ||
with subsection (g) of Section 2105-15 of the Department of | ||
Professional Regulation Law of the Civil Administrative Code | ||
of Illinois. |
(b-10) In cases where the Department of Healthcare and | ||
Family Services has previously determined a licensee or a | ||
potential licensee is more than 30 days delinquent in the | ||
payment of child support and has subsequently certified the | ||
delinquency to the Department, the Department may refuse to | ||
issue or renew or may revoke or suspend that person's license | ||
or may take other disciplinary action against that person | ||
based solely upon the certification of delinquency made by the | ||
Department of Healthcare and Family Services in accordance | ||
with item (5) of subsection (a) of Section 2105-15 of the | ||
Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
(c) The determination by a court that a licensee is | ||
subject to
involuntary admission or judicial admission as | ||
provided in the Mental
Health and Developmental Disabilities | ||
Code will result in an automatic
suspension of his or her | ||
license. The suspension will end upon a finding by a
court that | ||
the licensee is no longer subject to involuntary admission or
| ||
judicial admission, the issuance of an order so finding and | ||
discharging the
patient, and the recommendation of the Board | ||
to the Secretary that the licensee
be allowed to resume | ||
professional practice.
| ||
(c-5) In enforcing this Act, the Department, upon a | ||
showing of a possible violation, may compel an individual | ||
licensed to practice under this Act, or who has applied for | ||
licensure under this Act, to submit to a mental or physical |
examination, or both, as required by and at the expense of the | ||
Department. The Department may order the examining physician | ||
to present testimony concerning the mental or physical | ||
examination of the licensee or applicant. No information shall | ||
be excluded by reason of any common law or statutory privilege | ||
relating to communications between the licensee or applicant | ||
and the examining physician. The examining physicians shall be | ||
specifically designated by the Department. The individual to | ||
be examined may have, at his or her own expense, another | ||
physician of his or her choice present during all aspects of | ||
this examination. The examination shall be performed by a | ||
physician licensed to practice medicine in all its branches. | ||
Failure of an individual to submit to a mental or physical | ||
examination, when directed, shall result in an automatic | ||
suspension without hearing. | ||
All substance-related violations shall mandate an | ||
automatic substance abuse assessment. Failure to submit to an | ||
assessment by a licensed physician who is certified as an | ||
addictionist or an advanced practice registered nurse with | ||
specialty certification in addictions may be grounds for an | ||
automatic suspension. | ||
If the Department finds an individual unable to practice | ||
or unfit for duty because of the reasons set forth in this | ||
subsection (c-5), the Department may require that individual | ||
to submit to a substance abuse evaluation or treatment by | ||
individuals or programs approved or designated by the |
Department, as a condition, term, or restriction for | ||
continued, restored, or renewed licensure to practice; or, in | ||
lieu of evaluation or treatment, the Department may file, or | ||
the Board may recommend to the Department to file, a complaint | ||
to immediately suspend, revoke, or otherwise discipline the | ||
license of the individual. An individual whose license was | ||
granted, continued, restored, renewed, disciplined, or | ||
supervised subject to such terms, conditions, or restrictions, | ||
and who fails to comply with such terms, conditions, or | ||
restrictions, shall be referred to the Secretary for a | ||
determination as to whether the individual shall have his or | ||
her license suspended immediately, pending a hearing by the | ||
Department. | ||
A person holding a license under this Act or who has | ||
applied for a license under this Act who, because of a physical | ||
or mental illness or disability, including, but not limited | ||
to, deterioration through the aging process or loss of motor | ||
skill, is unable to practice the profession with reasonable | ||
judgment, skill, or safety, may be required by the Department | ||
to submit to care, counseling, or treatment by physicians | ||
approved or designated by the Department as a condition, term, | ||
or restriction for continued, reinstated, or renewed licensure | ||
to practice. Submission to care, counseling, or treatment as | ||
required by the Department shall not be considered discipline | ||
of a license. If the licensee refuses to enter into a care, | ||
counseling, or treatment agreement or fails to abide by the |
terms of the agreement, the Department may file a complaint to | ||
revoke, suspend, or otherwise discipline the license of the | ||
individual. The Secretary may order the license suspended | ||
immediately, pending a hearing by the Department. Fines shall | ||
not be assessed in disciplinary actions involving physical or | ||
mental illness or impairment. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that | ||
person's license must be convened by the Department within 15 | ||
days after the suspension and completed without appreciable | ||
delay. The Department shall have the authority to review the | ||
subject individual's record of treatment and counseling | ||
regarding the impairment to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate | ||
to the Department that he or she can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of his or her license. | ||
(d) (Blank).
| ||
(Source: P.A. 100-201, eff. 8-18-17; 100-872, eff. 8-14-18.)
| ||
(225 ILCS 107/90)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 90. Investigations; notice and hearing. |
(a) The Department may investigate
the actions of any | ||
applicant or any person holding or claiming to hold a
license. | ||
(b) The Department shall, before refusing to issue or | ||
renew a license or disciplining a licensee under Section
80 of | ||
this Act, at least 30 days prior to the date set for the | ||
hearing, (i)
notify the accused, in writing, of any charges | ||
made and the time and place for
the hearing on the charges, | ||
(ii) direct him or her to file a written answer to
the charges | ||
with the Board under oath within 20 days after the service of | ||
the notice, and (iii) inform the applicant or licensee that | ||
failure to file an
answer shall result in default being taken | ||
against the applicant or licensee. At the time and place fixed | ||
in the notice, the Department shall proceed to hear the | ||
charges, and the parties or their counsel shall be accorded | ||
ample opportunity to present any pertinent statements, | ||
testimony, evidence, and arguments. The Department may | ||
continue the hearing from time to time. In case the person, | ||
after receiving the notice, fails to answer, his or her | ||
license, may, in the discretion of the Department, be revoked, | ||
suspended, placed on probationary status, or the Department | ||
may take whatever disciplinary action considered proper, | ||
including limiting the scope, nature, or extent of the | ||
person's practice or the imposition of a fine, without a | ||
hearing, if the act or acts charged constitute sufficient | ||
grounds for that action under the Act. The written notice and | ||
any notice in the subsequent proceeding may be served by |
registered or certified mail or email to the licensee's | ||
address of record.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/100)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 100. Subpoenas; oaths. | ||
(a) The Department has
the power to subpoena and bring | ||
before it any person to take the oral or written
testimony or | ||
compel the production of any books, papers, records, or any | ||
other documents that the Secretary or his or her designee | ||
deems relevant or material to any investigation or hearing | ||
conducted by the Department, with the same fees and
mileage | ||
and in the same manner as prescribed in civil cases in the | ||
courts of
this State.
| ||
(b) The Secretary, the designated hearing officer, any | ||
member of the
Board, or a certified shorthand court reporter | ||
may administer oaths at any hearing
which the Department | ||
conducts, and any other oaths
authorized in any Act | ||
administered by the Department. Notwithstanding any other | ||
statute or Department rules to the contrary, all requests for | ||
testimony, production of documents, or records shall be in | ||
accordance with this Act.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/110)
|
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 110. Findings and recommendations. | ||
(a) At the conclusion of the
hearing, the Board shall | ||
present to the Secretary a written report of its
findings of | ||
fact, conclusions of law, and recommendations. The report | ||
shall
contain a finding whether the licensee violated this Act | ||
or failed
to comply with the conditions required in this Act. | ||
The Board shall
specify the nature of the violation or failure | ||
to comply, and shall make
its recommendations to the | ||
Secretary.
| ||
(b) The report of findings of fact, conclusions of law, | ||
and recommendation of
the Board shall be the basis for the | ||
Department's order for refusing to issue, restore, or renew a | ||
license, or otherwise discipline a licensee. If the Secretary | ||
disagrees with the
recommendations of the Board, the Secretary | ||
may issue an order in
contravention of the Board | ||
recommendations. The finding is not admissible in evidence | ||
against the
person in a criminal prosecution brought for the | ||
violation of this Act, but
the hearing and findings are not a | ||
bar to a criminal prosecution brought
for the violation of | ||
this Act.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/130)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 130. Order or certified copy; prima facie proof. An
|
order or certified copy thereof, over the seal of the | ||
Department and
purporting to be signed by the Secretary, is | ||
prima facie proof that:
| ||
(a) the signature is the genuine signature of the | ||
Secretary; and
| ||
(b) the Secretary is duly appointed and qualified ; and . | ||
(c) the Board and the members thereof are qualified
to | ||
act.
| ||
Such proof may be rebutted. | ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/155)
| ||
(Section scheduled to be repealed on January 1, 2023)
| ||
Sec. 155. Certification of record; costs. The Department | ||
shall not
be required to certify any record to the court, to | ||
file an answer in court,
or to otherwise appear in any court in | ||
a judicial review proceeding, unless
and until the Department | ||
has received from the plaintiff payment of the costs of | ||
furnishing and certifying
the record, which costs shall be | ||
determined by the Department. Exhibits shall be certified | ||
without cost. Failure on the part of the plaintiff to file the | ||
receipt
in court is grounds for dismissal of the action.
| ||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||
(225 ILCS 107/165)
| ||
(Section scheduled to be repealed on January 1, 2023)
|
Sec. 165. Administrative Procedure Act; application. The | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Illinois
Administrative Procedure Act is hereby expressly | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
adopted and incorporated
in this Act as if all of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
provisions of such Act were included in this Act, except that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the provisions of subsection (d) of Section 10-65 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Illinois Administrative Procedure Act that provides that at | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
hearings the clinical professional counselor or
professional
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
counselor has the right to show compliance with all lawful | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
requirements for retention, continuation, or renewal of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
license is specifically excluded. For the purposes of this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the notice required under Section 10-25 of the Illinois | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Administrative Procedure Act is deemed sufficient when mailed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
or emailed to the last known address of record of a party.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 97-706, eff. 6-25-12.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 107/55 rep.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(225 ILCS 107/125 rep.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 15. The Professional Counselor and Clinical | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Professional Counselor
Licensing and Practice Act is amended | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
by repealing Sections 55 and 125.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 99. Effective date. This Section and Section 5 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
take effect upon becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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