Bill Text: IL HB4520 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Professional Counselor and Clinical Professional Counselor Licensing Act. Renames the Act the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act (and makes conforming changes in other Acts). Provides that 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 the Act shall pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed$ 10,000 (instead of $5,000) for each offense. Allows the Department to take action, including imposing fines not to exceed $10,000 (instead of $1,000) per violation, if the individual meets the requirements for grounds for disciplinary action. Creates a provision concerning the confidentiality of all information collected by the Department in the course of an examination or investigation of a licensee or applicant. Provides that a person who violates a provision of the Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and subsequent offense. Makes other changes in provisions concerning definitions; restrictions and limitations; powers and duties of the Department; qualifications for a license; the Board; renewal of licenses; payments; grounds for discipline; investigations; hearings and proceedings; and restoration of licenses. Amends the Regulatory Sunset Act to extend the Professional Counselor and Clinical Professional Counselor Licensing Act from January 1, 2013 to January 1, 2023. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2012-06-25 - Public Act . . . . . . . . . 97-0706 [HB4520 Detail]

Download: Illinois-2011-HB4520-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4520 Introduced , by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
See Index
Amends the Professional Counselor and Clinical Professional Counselor Licensing Act. Renames the Act the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act (and makes conforming changes in other Acts). Provides that 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 the Act shall pay a civil penalty to the Department of Financial and Professional Regulation in an amount not to exceed$ 10,000 (instead of $5,000) for each offense. Allows the Department to take action, including imposing fines not to exceed $10,000 (instead of $1,000) per violation, if the individual meets the requirements for grounds for disciplinary action. Creates a provision concerning the confidentiality of all information collected by the Department in the course of an examination or investigation of a licensee or applicant. Provides that a person who violates a provision of the Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and subsequent offense. Makes other changes in provisions concerning definitions; restrictions and limitations; powers and duties of the Department; qualifications for a license; the Board; renewal of licenses; payments; grounds for discipline; investigations; hearings and proceedings; and restoration of licenses. Amends the Regulatory Sunset Act to extend the Professional Counselor and Clinical Professional Counselor Licensing Act from January 1, 2013 to January 1, 2023. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Regulatory Sunset Act is amended by changing
Section 4.23 and by adding Section 4.33 as follows:
(5 ILCS 80/4.23)
Sec. 4.23. Acts and Sections repealed on January 1, 2013.
The following Acts and Sections of Acts are repealed on January
1, 2013:
The Dietetic and Nutrition Services Practice Act.
The Elevator Safety and Regulation Act.
The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Naprapathic Practice Act.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
The Wholesale Drug Distribution Licensing Act.
Section 2.5 of the Illinois Plumbing License Law.
(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
(5 ILCS 80/4.33 new)
Sec. 4.33. Act repealed on January 1, 2023. The following

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Act is repealed on January 1, 2023:
The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
Section 5. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by changing
Sections 1, 10, 20, 21, 25, 30, 45, 50, 60, 65, 75, 80, 85, 90,
95, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155, 160, and
165 and by adding Section 93 as follows:
(225 ILCS 107/1)
(Section scheduled to be repealed on January 1, 2013)
Sec. 1. Short title. This Act may be cited as the
Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act.
(Source: P.A. 87-1011.)
(225 ILCS 107/10)
(Section scheduled to be repealed on January 1, 2013)
Sec. 10. Definitions. As used in this Act:
"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

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website or by contacting the Department.
"Department" means the Department of Financial and
Professional Regulation.
"Director" means the Director of Professional Regulation.
"Board" means the Professional Counselor Licensing and
Disciplinary Board as appointed by the Secretary 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

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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.

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"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.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 92-719, eff. 7-25-02.)
(225 ILCS 107/20)
(Section scheduled to be repealed on January 1, 2013)
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";

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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 (iii) offer to render to individuals,
corporations, or the public clinical professional counseling
services.
(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, limited liability company, or
partnership shall practice clinical professional counseling or
professional counseling unless every member, partner, and
employee of the association or partnership who practices
professional counseling or clinical professional counseling,

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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. 94-765, eff. 1-1-07.)
(225 ILCS 107/21)
(Section scheduled to be repealed on January 1, 2013)

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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 $10,000
$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.
(Source: P.A. 92-719, eff. 7-25-02.)
(225 ILCS 107/25)
(Section scheduled to be repealed on January 1, 2013)
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

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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 persons
licensed under this Act, and to refuse to issue or renew or to
revoke licenses, or suspend, place on probation, censure, or
reprimand persons licensed under this Act.
(c) Formulate rules and regulations required for the
administration of this Act.
(d) 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 undergraduate
human services programs and graduate professional counseling,
clinical professional counseling, psychology, rehabilitation
counseling and similar programs and prepare and maintain a list
of colleges and universities offering such programs whose
graduates, if they otherwise meet the requirements of this Act,
are eligible to apply for a license.
(Source: P.A. 87-1011.)

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(225 ILCS 107/30) (from Ch. 111, par. 8451-30)
(Section scheduled to be repealed on January 1, 2013)
Sec. 30. Professional Counselor Examining and Disciplinary
Board.
(a) The Secretary Director shall appoint a Board which
shall serve in an advisory capacity to the Secretary 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 Secretary Director shall give due consideration to
the adequate representation of the various fields of
counseling. In appointing members of the Board, the Secretary
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

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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 , 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) (Blank). Any member appointed to fill a vacancy shall
be eligible for reappointment to only one full term.
(e) The Secretary shall have the authority to Director may
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

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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 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. 92-719, eff. 7-25-02.)
(225 ILCS 107/45)
(Section scheduled to be repealed on January 1, 2013)
Sec. 45. Qualifications for a license.
(a) Professional counselor. A person is qualified to be
licensed as a licensed professional counselor, and the

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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 applies
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

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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

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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.)
(225 ILCS 107/50)
(Section scheduled to be repealed on January 1, 2013)
Sec. 50. Licenses; renewal; restoration; person in
military service; inactive status.

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(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 The licensee may renew a license
during the 30 day period preceding its expiration date by
paying the required fee and demonstrating compliance with any
continuing education requirements.
(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 , as defined by rule, 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. The Department may also require the person to
complete a specific period of evaluated professional
counseling or clinical professional counseling work experience
and may require successful completion of an examination.

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(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 , while called into service or
training with 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, except under conditions other than
honorable, 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) 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. 87-1011; 87-1269.)
(225 ILCS 107/60)
(Section scheduled to be repealed on January 1, 2013)
Sec. 60. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of this

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Act, including, but not limited to, original licensure,
registration, renewal, and restoration. The fees shall be
nonrefundable The fees imposed under this Act shall be set by
rule and are not refundable.
All of the fees, fines, and penalties collected under this
Act shall be deposited into the General Professions Dedicated
Fund and shall be appropriated to the Department for the
ordinary and contingent expenses of the Department in the
administration of this Act.
(Source: P.A. 92-719, eff. 7-25-02.)
(225 ILCS 107/65)
(Section scheduled to be repealed on January 1, 2013)
Sec. 65. Payments; penalty for insufficient funds Checks or
orders dishonored. Any person who issues or delivers a check or
other order to the Department that is returned to the
Department unpaid by the financial institution upon which it is
drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other discipline
provided under this Act prohibiting unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30 calendar
days after notification. If, after the expiration of 30 days
from the date of the notification, the person has failed to

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submit the necessary remittance, the Department shall
automatically terminate the license or certification or deny
the application, without hearing. If, after termination or
denial, the person seeks a license or certificate, he or she
shall apply to the Department for restoration or issuance of
the license or certificate and pay all fees and fines due to
the Department. The Department may establish a fee for the
processing of an application for restoration of a license to
pay all costs and expenses of processing of this application.
The Secretary Director may waive the fines due under this
Section in individual cases where the Secretary Director finds
that the fines would be unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
(225 ILCS 107/75)
(Section scheduled to be repealed on January 1, 2013)
Sec. 75. Privileged communications and exceptions.
(a) No licensed professional counselor or licensed
clinical professional counselor shall disclose any information
acquired from persons consulting the counselor in a
professional capacity, except that which may be voluntarily
disclosed under the following circumstances:
(1) In the course of formally reporting, conferring, or
consulting with administrative superiors, colleagues, or
consultants who share professional responsibility, in
which instance all recipients of the information are

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similarly bound to regard the communication as privileged;
(2) With the written consent of the person who provided
the information;
(3) In the case of death or disability, with the
written consent of a personal representative, other person
authorized to sue, or the beneficiary of an insurance
policy on the person's life, health or physical condition;
(4) When a communication reveals the intended
commission of a crime or harmful act and such disclosure is
judged necessary by the licensed professional counselor or
licensed clinical professional counselor to protect any
person from a clear, imminent risk of serious mental or
physical harm or injury, or to forestall a serious threat
to the public safety; or
(5) When the person waives the privilege by bringing
any public charges against the licensee.
(b) When the person is a minor under the laws of the State
of Illinois and the information acquired by the licensed
professional counselor or licensed clinical professional
counselor indicates the minor was the victim or subject of a
crime, the licensed professional counselor or licensed
clinical professional counselor may be required to testify in
any judicial proceedings in which the commission of that crime
is the subject of inquiry when, after in camera review of the
information that the licensed professional counselor or
licensed clinical professional counselor acquired, the court

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determines that the interests of the minor in having the
information held privileged are outweighed by the requirements
of justice, the need to protect the public safety or the need
to protect the minor, except as provided under the Abused and
Neglected Child Reporting Act.
(c) Any person having access to records or anyone who
participates in providing professional counseling or clinical
professional counseling services, or, in providing any human
services, is supervised by a licensed professional counselor or
licensed clinical professional counselor, is similarly bound
to regard all information and communications as privileged in
accord with this Section.
(d) Nothing in this Act shall be construed to prohibit a
licensed professional counselor or licensed clinical
professional counselor from voluntarily testifying in court
hearings concerning matters of adoption, child abuse, child
neglect or other matters pertaining to children, except as
provided under the Abused and Neglected Child Reporting Act.
(e) The Mental Health and Developmental Disabilities
Confidentiality Act is incorporated herein as if all of its
provisions were included in this Act. In the event of a
conflict between the application of this Section and the Mental
Health and Developmental Disabilities Confidentiality Act to a
specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act shall control.
(f) Licensed professional counselors and licensed clinical

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professional counselors when performing professional
counseling services or clinical professional counseling
services shall comply with counselor licensure rules and laws
contained in this Section and Section 80 of this Act regardless
of their employment or work setting.
(Source: P.A. 87-1011.)
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2013)
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 $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 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

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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 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) Fraud or Making 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 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 abuse of drugs as

HB4520 - 24 - LRB097 19605 CEL 64859 b
defined in law as controlled substances, alcohol,
addiction to alcohol, narcotics, stimulants, or any other
substance chemical agent or drug 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

HB4520 - 25 - LRB097 19605 CEL 64859 b
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 elders or suspected elder abuse as set forth in the
Elder Abuse and Neglect 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

HB4520 - 26 - LRB097 19605 CEL 64859 b
by an unlicensed person in violation of this Act 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 under a false or, except as provided by
law, an assumed name 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 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) The Department shall deny, without hearing, any
application or renewal for a license under this Act to any

HB4520 - 27 - LRB097 19605 CEL 64859 b
person who has defaulted on an educational loan guaranteed by
the Illinois State Assistance Commission or any governmental
agency of this State 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 ;
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.
(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

HB4520 - 28 - LRB097 19605 CEL 64859 b
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 Director 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

HB4520 - 29 - LRB097 19605 CEL 64859 b
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.
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

HB4520 - 30 - LRB097 19605 CEL 64859 b
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). 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

HB4520 - 31 - LRB097 19605 CEL 64859 b
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

HB4520 - 32 - LRB097 19605 CEL 64859 b
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. 96-1482, eff. 11-29-10.)
(225 ILCS 107/85)
(Section scheduled to be repealed on January 1, 2013)
Sec. 85. Violations; injunction; cease and desist order.
(a) If any person violates the provisions of this Act, the
Secretary Director may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois or the State's Attorney of the county in which the
violation is alleged to have occurred, petition for an order
enjoining the violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition, the
court with appropriate jurisdiction may issue a temporary
restraining order without notice or bond, and may preliminarily
and permanently enjoin the violation. If it is established that
the person has violated or is violating the injunction, the
court may punish the offender for contempt of court.
Proceedings under this Section are in addition to all other
remedies and penalties provided by this Act.
(b) If any person holds himself or herself out as being a
licensed professional counselor or licensed clinical
professional counselor under this Act and is not licensed to do

HB4520 - 33 - LRB097 19605 CEL 64859 b
so, then any licensed professional counselor, licensed
clinical professional counselor, interested party, or any
person injured thereby may petition for relief as provided in
subsection (a) of this Section.
(c) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall allow
at least 7 days from the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued.
(Source: P.A. 87-1011.)
(225 ILCS 107/90)
(Section scheduled to be repealed on January 1, 2013)
Sec. 90. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or any
person holding or claiming to hold a license. The Department
shall, before refusing to issue or renew a license or
disciplining a licensee revoking, suspending, placing on
probation, reprimanding, or taking any other disciplinary
action 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

HB4520 - 34 - LRB097 19605 CEL 64859 b
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 on him or her of the notice, and
(iii) inform the applicant or licensee accused that failure , if
he or she fails to file an answer shall result in , default
being will be 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 to the licensee's address of record. him or her or that
his or her license or certificate may be suspended, revoked,
placed on probationary status, or other disciplinary action
taken with regard to the license or certificate, including
limiting the scope, nature, or extent of his or her practice,
as the Department may deem proper. In case the person, after

HB4520 - 35 - LRB097 19605 CEL 64859 b
receiving notice, fails to file an answer, his or her license
may, in the discretion of the Department, be suspended,
revoked, placed on probationary status, or the Department may
take whatever disciplinary action deemed 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 such action
under this Act. The written notice may be served by personal
delivery or certified mail to the address specified by the
accused in his or her last notification to the Department.
(Source: P.A. 87-1011; 87-1269.)
(225 ILCS 107/93 new)
Sec. 93. Confidentiality. All information collected by the
Department in the course of an examination or investigation of
a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to

HB4520 - 36 - LRB097 19605 CEL 64859 b
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 107/95)
(Section scheduled to be repealed on January 1, 2013)
Sec. 95. Record of proceedings; transcript. The
Department, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcript of testimony, the report of the Board and orders of
the Department shall be in the record of such proceeding. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
(225 ILCS 107/100)
(Section scheduled to be repealed on January 1, 2013)
Sec. 100. Subpoenas; depositions; oaths. The Department
has the power to subpoena and to bring before it any person and
to take the oral or written testimony or compel the production
of any books, papers, records, or any other documents that the

HB4520 - 37 - LRB097 19605 CEL 64859 b
Secretary or his or her designee deems relevant or material to
any investigation or hearing conducted by the Department either
orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed in civil cases in
the courts of this State.
The Secretary Director, the designated hearing officer,
any and every member of the Board, or a certified shorthand
court reporter may has the power to administer oaths to
witnesses at any hearing which the Department conducts is
authorized to conduct, 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. 87-1011.)
(225 ILCS 107/105)
(Section scheduled to be repealed on January 1, 2013)
Sec. 105. Compelling testimony. Any circuit court, upon
application of the Department, designated hearing officer, or
the applicant or licensee against whom proceedings under
Section 80 of this Act are pending, may enter an order
requiring the attendance of witnesses and their testimony and
the production of relevant documents, papers, files, books, and
records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for

HB4520 - 38 - LRB097 19605 CEL 64859 b
contempt.
(Source: P.A. 87-1011.)
(225 ILCS 107/110)
(Section scheduled to be repealed on January 1, 2013)
Sec. 110. Findings and recommendations. At the conclusion
of the hearing, the Board shall present to the Secretary
Director 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 Director.
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 refusal or for the
granting of the license. If the Secretary Director disagrees
with the recommendations of the Board, the Secretary Director
may issue an order in contravention of the Board
recommendations. The Director shall provide a written report to
the Board on any disagreement and shall specify the reasons for
the action in the final order. 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

HB4520 - 39 - LRB097 19605 CEL 64859 b
of this Act.
(Source: P.A. 87-1011.)
(225 ILCS 107/115)
(Section scheduled to be repealed on January 1, 2013)
Sec. 115. Motion for Board; rehearing. In any hearing
involving the refusal to issue or renew a license, or the
discipline of a licensee At the conclusion of the hearing, a
copy of the Board's report shall be served upon the applicant
or licensee by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20
days after such service, the applicant or licensee may present
to the Department a motion in writing for a rehearing which
shall specify the particular grounds for rehearing. If no
motion for a rehearing is filed, then upon the expiration of
the time specified for filing such a motion, or if a motion for
rehearing is denied, then upon such denial, the Secretary
Director may enter an order in accordance with recommendations
of the Board, except as provided in Section 120 of this Act. If
the applicant or licensee requests and pays for a transcript of
the record within the time for filing a motion for rehearing,
the 20-day period within which a motion may be filed shall
commence upon the delivery of the transcript to the applicant
or licensee.
(Source: P.A. 87-1011; 87-1269.)

HB4520 - 40 - LRB097 19605 CEL 64859 b
(225 ILCS 107/120)
(Section scheduled to be repealed on January 1, 2013)
Sec. 120. Order for Director; rehearing. Whenever the
Secretary is not satisfied that substantial Director believes
justice has not been done in the revocation, suspension or
refusal to issue or renew a license or the discipline of a
licensee, the Secretary he or she may order a rehearing by the
same or other hearing officers.
(Source: P.A. 87-1011.)
(225 ILCS 107/125)
(Section scheduled to be repealed on January 1, 2013)
Sec. 125. Appointment of a hearing officer. The Secretary
Director has the authority to appoint any attorney licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or renew a license
or permit or to discipline a licensee. The hearing officer has
full authority to conduct the hearing. At least one member of
the Board shall attend each hearing. The hearing officer shall
report his or her findings of fact, conclusions of law, and
recommendations to the Board and to the Secretary Director. The
Board shall have 60 calendar days from receipt of the report to
review it and to present its findings of fact, conclusions of
law and recommendation to the Secretary Director. If the Board
does not present its report within the 60 day period, the
Secretary Director may issue an order based on the report of

HB4520 - 41 - LRB097 19605 CEL 64859 b
the hearing officer. If the Secretary Director disagrees with
the recommendation of the Board or of the hearing officer, the
Secretary Director may issue an order in contravention of the
recommendation. The Director shall promptly provide a written
explanation to the Board on any such disagreement.
(Source: P.A. 87-1011; 87-1269.)
(225 ILCS 107/130)
(Section scheduled to be repealed on January 1, 2013)
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
Director, is prima facie proof that:
(a) the The signature is the genuine signature of the
Secretary Director; and
(b) the Secretary The Director is duly appointed and
qualified. ; and
(c) The Board and the members thereof are qualified to act.
(Source: P.A. 87-1011.)
(225 ILCS 107/135)
(Section scheduled to be repealed on January 1, 2013)
Sec. 135. Restoration of suspended or revoked license from
discipline. At any time after the successful completion of a
term of indefinite probation, suspension, or revocation of a
license, the Department may restore the license to the

HB4520 - 42 - LRB097 19605 CEL 64859 b
licensee, unless, after an investigation and a hearing, the
Secretary determines that restoration is not in the public
interest or that the licensee has not been sufficiently
rehabilitated to warrant the public trust. No person or entity
whose license, certificate, or authority has been revoked as
authorized in this Act may apply for restoration of that
license, certification, or authority until such time as
provided for in Article 2105 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois
suspension or revocation of any license, the Department may
restore it to the licensee upon the written recommendation of
the Board, unless after an investigation and hearing the Board
determines that restoration is not in the public interest.
(Source: P.A. 87-1011.)
(225 ILCS 107/145)
(Section scheduled to be repealed on January 1, 2013)
Sec. 145. Summary suspension of license. The Secretary
Director may summarily suspend the license of a professional
counselor or a clinical professional counselor without a
hearing, simultaneously with the institution of proceedings
for a hearing provided for in Section 90 of this Act, if the
Secretary Director finds that the evidence in the possession of
the Director indicates that the continuation of practice by the
professional counselor or clinical professional counselor
would constitute an imminent danger to the public. In the event

HB4520 - 43 - LRB097 19605 CEL 64859 b
that the Secretary Director summarily suspends the license of
an individual without a hearing, a hearing must be commenced
held within 30 days after the suspension has occurred and shall
be concluded as expeditiously as possible.
(Source: P.A. 87-1011.)
(225 ILCS 107/155)
(Section scheduled to be repealed on January 1, 2013)
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 there is filed in the court,
with the complaint, a receipt from the Department acknowledging
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. 87-1011.)
(225 ILCS 107/160)
(Section scheduled to be repealed on January 1, 2013)
Sec. 160. Violations. Unless otherwise specified, any
person found to have violated any provision of this Act is
guilty of a Class A misdemeanor for the first offense and a

HB4520 - 44 - LRB097 19605 CEL 64859 b
Class 4 felony for the second and any subsequent offense.
(Source: P.A. 87-1011.)
(225 ILCS 107/165)
(Section scheduled to be repealed on January 1, 2013)
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
to the last known address of record of a party.
(Source: P.A. 87-1011.)
Section 10. The Elder Abuse and Neglect Act is amended by
changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:

HB4520 - 45 - LRB097 19605 CEL 64859 b
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living.
(b) "Department" means the Department on Aging of the State
of Illinois.
(c) "Director" means the Director of the Department.
(d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, or a board and

HB4520 - 46 - LRB097 19605 CEL 64859 b
care home or other community-based unlicensed facility, but is
not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of
Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) An assisted living or shared housing establishment

HB4520 - 47 - LRB097 19605 CEL 64859 b
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietetic and Nutrition
Services Practice Act, the Marriage and Family Therapy
Licensing Act, the Medical Practice Act of 1987, the
Naprapathic Practice Act, the Nurse Practice Act, the

HB4520 - 48 - LRB097 19605 CEL 64859 b
Nursing Home Administrators Licensing and Disciplinary
Act, the Illinois Occupational Therapy Practice Act, the
Illinois Optometric Practice Act of 1987, the Pharmacy
Practice Act, the Illinois Physical Therapy Act, the
Physician Assistant Practice Act of 1987, the Podiatric
Medical Practice Act of 1987, the Respiratory Care Practice
Act, the Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act, the Illinois
Speech-Language Pathology and Audiology Practice Act, the
Veterinary Medicine and Surgery Practice Act of 2004, and
the Illinois Public Accounting Act;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and
Family Services, Department of Public Health, and

HB4520 - 49 - LRB097 19605 CEL 64859 b
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical
or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency

HB4520 - 50 - LRB097 19605 CEL 64859 b
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service
area where another agency is not so designated.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or

HB4520 - 51 - LRB097 19605 CEL 64859 b
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-300, eff. 8-11-11; revised 10-4-11.)
Section 15. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and Restoration of Rights.
(a) Conviction and disposition shall not entail the loss by
the defendant of any civil rights, except under this Section
and Sections 29-6 and 29-10 of The Election Code, as now or
hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right
to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights and
privileges granted under the authority of this State which have
been revoked or suspended because of conviction of an offense

HB4520 - 52 - LRB097 19605 CEL 64859 b
shall be restored unless the authority having jurisdiction of
such license rights finds after investigation and hearing that
restoration is not in the public interest. This paragraph (d)
shall not apply to the suspension or revocation of a license to
operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole,
or upon a person's discharge from probation or at any time
thereafter, the committing court may enter an order certifying
that the sentence has been satisfactorily completed when the
court believes it would assist in the rehabilitation of the
person and be consistent with the public welfare. Such order
may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a

HB4520 - 53 - LRB097 19605 CEL 64859 b
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure and
employment of persons previously convicted of one or more
criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;

HB4520 - 54 - LRB097 19605 CEL 64859 b
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of specific
individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 of the Criminal Code
of 1961;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of

HB4520 - 55 - LRB097 19605 CEL 64859 b
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Interior Design Title Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietetic and Nutrition Services Practice Act;
(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) the Land Sales Registration Act of 1999;

HB4520 - 56 - LRB097 19605 CEL 64859 b
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB4520 - 57 - LRB097 19605 CEL 64859 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.23
5 ILCS 80/4.33 new
225 ILCS 107/1
225 ILCS 107/10
225 ILCS 107/20
225 ILCS 107/21
225 ILCS 107/25
225 ILCS 107/30 from Ch. 111, par. 8451-30
225 ILCS 107/45
225 ILCS 107/50
225 ILCS 107/60
225 ILCS 107/65
225 ILCS 107/75
225 ILCS 107/80
225 ILCS 107/85
225 ILCS 107/90
225 ILCS 107/93 new
225 ILCS 107/95
225 ILCS 107/100
225 ILCS 107/105
225 ILCS 107/110
225 ILCS 107/115
225 ILCS 107/120
HB4520 - 58 - LRB097 19605 CEL 64859 b