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92nd General Assembly

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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  Acts repealed  on  December  31,  2002.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following Acts are repealed on December 31, 2002: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   Act  repealed  on  January  1,  2013.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following Act is repealed on January 1, 2013: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    (Section scheduled to be repealed on December 31, 2002)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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