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Public Act 92-0719
HB3993 Enrolled LRB9215057ACcd
AN ACT in relation to counseling.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.13 and adding Section 4.23 as follows:
(5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
Sec. 4.13. Acts repealed on December 31, 2002. The
following Acts are repealed on December 31, 2002:
The Environmental Health Practitioner Licensing Act.
The Naprapathic Practice Act.
The Wholesale Drug Distribution Licensing Act.
The Dietetic and Nutrition Services Practice Act.
The Funeral Directors and Embalmers Licensing Code.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
(Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)
(5 ILCS 80/4.23 new)
Sec. 4.23. Act repealed on January 1, 2013. The
following Act is repealed on January 1, 2013:
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
Section 10. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by changing
Sections 10, 15, 20, 30, 45, 60, and 80 and adding Section 21
as follows:
(225 ILCS 107/10)
(Section scheduled to be repealed on December 31, 2002)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Board" means the Professional Counselor Licensing and
Disciplinary Board as appointed by the Director.
"Person" means an individual, association, partnership,
or corporation.
"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, but is not limited to:
(1) social, emotional, educational, and career
testing and evaluation;
(2) a professional relationship between a counselor
and a client in which the counselor provides assistance
in coping with life issues that include relationships,
conflicts, problem solving, decision making, and
developmental concerns; and
(3) research.
Professional counseling may also include clinical
professional counseling as long as it is not conducted in
independent private practice as defined in this Act.
"Clinical professional counseling" means the provision of
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. It also includes
clinical counseling and psychotherapy in a professional
relationship to 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.
"Licensed professional counselor" and "professional
counselor" means a person who holds a license authorizing the
practice of professional counseling as defined in this Act.
"Licensed clinical professional counselor" and "clinical
professional counselor" means a person who holds a license
authorizing the independent practice of clinical professional
counseling in private practice as defined in this Act.
"Independent private practice of clinical professional
counseling" means the application of clinical professional
counseling knowledge and skills by a licensed clinical
professional counselor who (i) regulates and is responsible
for her or his own practice or treatment procedures and (ii)
is self-employed or works in a group practice or setting not
qualified under Internal Revenue Service regulations as a
not-for-profit business.
"Clinical supervision" or "supervision" means review of
aspects of counseling and case management in a face-to-face
meeting with the person under supervision.
"Qualified supervisor" or "qualified clinical supervisor"
means any person who is a licensed clinical professional
counselor, licensed clinical social worker, licensed clinical
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.
"License" means that which is required to practice
professional counseling or clinical professional counseling
as defined in this Act.
(Source: P.A. 87-1011; 87-1269.)
(225 ILCS 107/15)
(Section scheduled to be repealed on December 31, 2002)
Sec. 15. Exemptions.
(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". 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".
(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 these activities and
services constitute a part of the student's supervised course
of study, or an individual seeking to fulfill the post-degree
experience requirements in order to qualify for licensing
under this Act, as long as the activities and services are
not conducted in an independent practice, as defined in this
Act, if the activities and services are supervised as
specified in this Act, and that 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 and to accept remuneration for such professional
counseling or clinical professional counseling services other
than as specifically excepted in this Section, unless they
have been licensed under this Act.
(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".
(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 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.
(i) Nothing in this Act shall be construed to require
licensure under this Act or limit the services of a school
counselor certified by the 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.
(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. 87-1011; 87-1212; 87-1269; 88-45; 88-424;
88-670, eff. 12-2-94.)
(225 ILCS 107/20)
(Section scheduled to be repealed on December 31, 2002)
Sec. 20. Restrictions and limitations.
(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 (iii) offer to render or render to
individuals, corporations, or the public professional
counseling services if the words "professional counselor" or
"licensed professional counselor" are used to describe the
person offering to render or rendering them, or "professional
counseling" is used to describe the services rendered or
offered to be rendered.
(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 (iii) offer to render to
individuals, corporations, or the public clinical
professional counseling services if the words "licensed
clinical professional counselor" are used to describe the
person to render or rendering them, or "clinical professional
counseling" is used to describe the services rendered or
offered to be rendered.
(c) Licensed professional counselors may not engage in
independent private practice as defined in this Act without a
clinical professional counseling license. 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.
(d) No association or partnership shall practice
clinical professional counseling or professional counseling
be granted a license unless every member, partner, and
employee of the association 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 license shall be issued to
a corporation, the stated purpose of which includes or which
practices or which holds itself out as available to practice
professional counseling or clinical professional counseling
unless it is organized under the Professional Service
Corporation Act.
(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. 87-1011.)
(225 ILCS 107/21 new)
Sec. 21. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds himself or herself out to
practice as a clinical professional counselor or professional
counselor without being licensed or exempt under this Act
shall, in addition to any other penalty provided by law, pay
a civil penalty to the Department in an amount not to exceed
$5,000 for each offense, as determined by the Department. The
civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth
in this Act regarding the provision of a hearing for the
discipline of a licensee.
(b) The Department may investigate any actual, alleged,
or suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a final judgment and may be filed
and execution had thereon in the same manner as any judgment
from any court of record.
(225 ILCS 107/30) (from Ch. 111, par. 8451-30)
(Section scheduled to be repealed on December 31, 2002)
Sec. 30. Professional Counselor Examining and
Disciplinary Board.
(a) The Director shall appoint a Board which shall serve
in an advisory capacity to the Director. The Board shall
consist of 7 persons, 2 of whom are licensed solely as
professional counselors, 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
Director shall give due consideration to the adequate
representation of the various fields of counseling. In
appointing members of the Board, the Director 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. The initial appointees shall be licensed under this
Act within one year after appointment to the Board. Failure
on the part of an initial Board appointee to obtain a license
within one year may be cause for removal from the Board.
(b) Members shall be appointed for and shall serve 4
year terms and until their successors are appointed and
qualified, except that of the initial appointments 2 members
shall be appointed to serve for 2 years, 2 shall be appointed
to serve for 3 years, and the remaining shall be appointed to
serve for 4 years and until their successors are appointed
and qualified. No member shall be reappointed to the Board
for a term that would cause continuous service on the Board
to be longer than 8 years. 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) Any member appointed to fill a vacancy shall be
eligible for reappointment to only one full term.
(e) The Director may remove any member for cause at any
time prior to the expiration of his or her term.
(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 Director shall give due consideration to all
recommendations of the Board.
(k) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to perform all
of the duties of the Board.
(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. 87-1011; 87-1269; 88-424; 88-670, eff.
12-2-94.)
(225 ILCS 107/45)
(Section scheduled to be repealed on December 31, 2002)
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) 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 professional
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 professional 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 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. 87-1011; 87-1269.)
(225 ILCS 107/60)
(Section scheduled to be repealed on December 31, 2002)
Sec. 60. Fees. The fees imposed under this Act shall be
set by rule are as follows and are not refundable.:
(a) The fee for application for a professional counselor
or clinical professional counselor license is $150.
(b) The fee for application for a temporary professional
counselor license or temporary clinical professional
counselor license is $150.
(c) Applicants for examination shall pay, either to the
Department or to the designated testing service, a fee
covering the cost of providing the examination.
(d) The fee for the renewal of a license is $60 per
year.
(e) The fee for the reinstatement of a license which has
been expired for less than 5 years is $20, plus payment of
all unpaid fees for every year that has lapsed.
(f) The fee for the restoration of a license which has
been expired for more than 5 years is $300.
(g) The fee for the issuance of a duplicate license, the
issuance of a replacement for a license that has been lost or
destroyed, or the issuance of a license with a change of name
or address, other than during the renewal period, is $20. No
fee is required for name and address changes on Department
records when no duplicate license is issued.
(h) The fee for the certification of a license for any
purpose is $20.
(i) The fee for rescoring an examination is the cost to
the Department of rescoring the examination, plus any fees
charged by the applicable testing service to have the
examination rescored.
(j) The fee for copies of a license shall be the actual
cost of producing such copies.
(k) The fee for a roster of persons licensed as
professional counselors or clinical professional counselors
is the actual cost of producing such a roster.
(l) The fee for application for a license by a
professional counselor or clinical professional counselor
registered or licensed under the laws of another jurisdiction
is $200.
(m) The fee for a sponsor of continuing education shall
be set by rule.
All of the fees collected under this Act shall be
deposited into the General Professions Dedicated Fund.
(Source: P.A. 87-1011; 87-1269; 88-683, eff. 1-24-95.)
(225 ILCS 107/80)
(Section scheduled to be repealed on December 31, 2002)
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 action as the Department deems appropriate,
including the issuance of fines not to exceed $1000 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 any of its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is a
felony, or that is a misdemeanor, an essential element of
which is dishonesty, or of any crime which is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act or its rules.
(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 addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug which results in inability to practice with
reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, 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.
(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.
(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 disability, including
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) Failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue or any successor agency or the
Internal Revenue Service or any successor agency.
(21) A finding that licensure has been applied for
or obtained by fraudulent means.
(22) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(23) Gross 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.
(b) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois State Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(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 Director that the licensee be allowed to
resume professional practice.
(d) In enforcing this Section, the Board, upon a showing
of a possible violation, may compel a licensee or applicant
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall
be excluded by reason of any common law or statutory
privilege relating to communications between a licensee or
applicant and the examining physician or clinical
psychologist. An individual to be examined may have, at his
or her own expense, another physician or clinical
psychologist of his or her choice present during all aspects
of the examination. Failure of an individual to submit to a
mental or physical examination, when directed, is grounds for
suspension of his or her license. The license must remain
suspended until the person submits to the examination or the
Board finds, after notice and hearing, that the refusal to
submit to the examination was with reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
must require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice. In
lieu of care, counseling, or treatment, the Board may
recommend that the Department file a complaint to immediately
suspend or revoke the license of the individual or otherwise
discipline the licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for
a determination as to whether the person shall have his or
her license suspended immediately, pending a hearing by the
Board.
(Source: P.A. 87-1011; 87-1269.)
(225 ILCS 107/55 rep.)
Section 15. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by repealing
Section 55.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 09, 2002.
Approved July 25, 2002.
Effective July 25, 2002.
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