Public Act 097-0706

HB4520 Enrolled LRB097 19605 CEL 64859 b

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 Acts and Sections repealed on January 1, 2013.

The following Acts and Sections of Acts are repealed on January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 Act repealed on January 1, 2023.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

Act is repealed on January 1, 2023: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, 5, 10, 15, 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 Sections 18 and 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(Section scheduled to be repealed on January 1, 2013)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 107/5)

(Section scheduled to be repealed on January 1, 2013)

Sec. 5. Declaration of public policy. The practice of

professional counseling and clinical professional counseling

is hereby declared to affect the public health, safety and

welfare, and to be subject to regulation in the public

interest. The purpose of the Act is to protect and benefit the

public by setting standards of qualifications, education,

training, and experience for those who seek to engage in the

independent practice of clinical professional counseling and

in the practice of professional counseling in the State of

Illinois and to obtain a license and hold the title of

professional counselor, to promote high standards of

professional performance for those licensed to practice

professional counseling and clinical professional counseling

in the State of Illinois, and to protect the public from

unprofessional conduct by persons licensed to practice

professional counseling and the independent practice of

clinical professional counseling.

(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

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 the therapeutic process of:

(i) conducting assessments and diagnosing for the purpose of

establishing treatment goals and objectives and (ii) planning,

implementing, and evaluating treatment plans using treatment

interventions to facilitate human development and to identify

and remediate mental, emotional, or behavioral disorders and

associated distresses that interfere with mental health.

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. "Clinical professional

counseling" may include the practice of professional

counseling as defined in this Act. It also includes clinical

counseling and psychotherapy in a professional relationship to

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.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Volunteer" means a person performing services without

compensation for a nonprofit organization, a nonprofit

corporation, a hospital, a governmental entity, or a private

business, other than reimbursement for actual expenses

incurred. "Volunteer" includes a person serving as a director,

officer, trustee, or direct service volunteer.

(Source: P.A. 92-719, eff. 7-25-02.)

(225 ILCS 107/15)

(Section scheduled to be repealed on January 1, 2013)

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 (i) these activities and

services constitute a part of the student's supervised course

of study, (ii) 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, (iii) if the activities and services are

supervised as specified in this Act, and (iv) 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.

(b-5) Nothing in this Act shall be construed to limit the

activities and services of individuals seeking to fulfill

post-degree experience requirements in order to qualify for

licensing as a clinical professional counselor under this Act,

so long as the individual is not engaged in the independent

private practice of clinical professional counseling as

defined in this Act, and is in compliance with all applicable

regulations regarding supervision including, but not limited

to, the requirement that the supervised experience must be

under the order, control, and full professional responsibility

of their supervisor. The Department may, by rule, adopt further

limitations on individuals practicing under this subsection.

(c) Corporations, partnerships, and associations may

employ practicum students, interns, or post-degree candidates

seeking to fulfill educational requirements or the

professional experience requirements needed to qualify for a

license under this Act if their activities and services

constitute a part of the student's supervised course of study

or post-degree professional experience requirements. Nothing

in this paragraph shall prohibit a corporation, partnership, or

association from contracting with a licensed health care

professional to provide services that they are licensed to

provide.

(d) Nothing in this Act shall prevent the employment, by a

professional counselor or clinical professional counselor,

person, association, partnership, or a corporation furnishing

professional counseling or clinical professional counseling

services for remuneration, of persons not licensed as

professional counselors or clinical professional counselors

under this Act to perform services in various capacities as

needed if these persons are not in any manner held out to the

public or do not hold themselves out to the public by any title

or designation stating or implying that they are professional

counselors or clinical professional counselors.

(e) Nothing in this Act shall be construed to limit the

services of a person, not licensed under the provisions of this

Act, in the employ of a federal, State, county, or municipal

agency or other political subdivision or not-for-profit

corporation providing human services if (1) the services are a

part of the duties in his or her salaried position, (2) the

services are performed solely on behalf of his or her employer,

and (3) that person does not in any manner represent himself or

herself as or use the title of "professional counselor",

"licensed professional counselor", "clinical professional

counselor", or "licensed clinical professional counselor".

(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. 92-719, eff. 7-25-02.)

(225 ILCS 107/18 new)

Sec. 18. Provision of clinical services by licensed

professional counselors; scope of practice.

(a) Licensed professional counselors may not engage in the

independent practice of clinical professional counseling

without a clinical professional counselor license.

(b) In an independent private practice, a licensed

professional counselor must practice at all times under the

order, control, and full professional responsibility of a

licensed clinical professional counselor, a licensed clinical

social worker, a licensed clinical psychologist, or a

psychiatrist as defined in Section 1-121 of the Mental Health

and Developmental Disabilities Code.

(c) When providing clinical professional counseling as set

forth in this Act, a licensed professional counselor may not

represent himself or herself as a sole or independent

practitioner and may not use the title "clinical professional

counselor" or "licensed clinical professional counselor". A

licensed professional counselor providing clinical

professional counseling shall always operate and represent

himself or herself as providing services through or as a part

of a group practice or through a clinical supervisor's

practice, and the licensed professional counselor shall have no

ownership interest in either type of practice. Licensed

professional counselors providing clinical services shall

provide the name and contact information of the licensed

professional counselor's supervisor to all clients.

(d) Nothing in this Act shall be construed to limit

licensed professional counselors from owning or engaging in

sole or other type of practice or from using the title

"licensed professional counselor" or "professional counselor"

when providing social services that do not fall within the

definition of professional counseling or clinical professional

counseling as set forth in this Act.

(e) The Department may adopt rules necessary to implement

this Section.

(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";

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) (Blank). 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,

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)

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

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.)

(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

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

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) Four members A majority of the Board members currently

appointed shall constitute a quorum. A quorum is required for

all Board decisions. 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

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

Department as being substantially similar to the standards in

this Act may apply for a professional counselor license and

need not be examined further.

(b) Clinical professional counselor. A person is qualified

to be licensed as a clinical professional counselor, and the

Department shall issue a license authorizing the practice of

clinical professional counseling to an applicant who:

(1) has applied in writing on the prescribed form and

has paid the required fee;

(2) is at least 21 years of age and has not engaged in

conduct or activities which would constitute grounds for

discipline under this Act;

(3) is a graduate of:

(A) a master's level program in the field of

counseling, rehabilitation counseling, psychology, or

similar degree program approved by the Department and

has completed the equivalent of 2 years full-time

satisfactory supervised employment or experience

working as a clinical counselor under the direction of

a qualified supervisor subsequent to the degree; or

(B) a doctoral program in the field of counseling,

rehabilitation counseling, psychology, or similar

program approved by the Department and has completed

the equivalent of 2 years full-time satisfactory

supervised employment or experience working as a

clinical counselor under the direction of a qualified

supervisor, at least one year of which is subsequent to

the degree;

(4) has passed the examination for the practice of

clinical professional counseling as authorized by the

Department; and

(5) has paid the fees required by this Act.

Any person who has received certification or licensure by

any State or national organization whose standards are accepted

by the Department as being substantially similar to the

standards in this Act may apply for a clinical professional

counselor license, and need not be examined further.

(c) Examination for applicants under this Act shall be held

at the discretion of the Department from time to time but not

less than once each year. The examination used shall be

authorized by the Department.

(d) Upon application and payment of the required fee, an

applicant who has an active license as a clinical psychologist

or a clinical social worker licensed under the laws of this

State may, without examination, be granted registration as a

licensed clinical professional counselor by the Department.

(Source: P.A. 96-1139, eff. 7-21-10.)

(225 ILCS 107/50)

(Section scheduled to be repealed on January 1, 2013)

Sec. 50. Licenses; renewal; restoration; person in

military service; inactive status.

(a) The expiration date and renewal period for each license

issued under this Act shall be set by rule. As a condition for

renewal of a license, the licensee shall be required to

complete continuing education in accordance with rules

established by the Department 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.

(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

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

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

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

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 and

matters pertaining to elders as set forth in the Elder Abuse

and Neglect 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

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

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

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

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

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

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

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

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

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

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. 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

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

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

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

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

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

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

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.)

(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

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

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

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.

(a) Unless otherwise specified, any person found to have

violated any Section provision of this Act other than this

Section is guilty of a Class A misdemeanor for the first

offense.

(b) Each of the following acts is a Class A misdemeanor for

the first offense and a Class 4 felony for a second or

subsequent offense:

(1) the making of any willfully false oath or

affirmation in any matter or proceeding where an oath or

affirmation is required by this Act;

(2) using or attempting to use an inactive, suspended,

or revoked license or the license of another, impersonating

another licensee, or practicing clinical professional

counseling or professional counseling as defined by this

Act, or using the title "clinical professional counselor"

or "professional counselor" while one's license is

inactive, suspended, or revoked;

(3) the practice, attempt to practice, or offer to

practice clinical professional counseling or professional

counseling as defined by this Act, without the appropriate

license; each day of practicing or attempting to practice,

and each instance of offering to practice, without the

appropriate license constitutes a separate offense;

(4) advertising or displaying any sign or card or other

device that might indicate to the public that the person or

entity is entitled to practice as a licensed professional

counselor or licensed clinical professional counselor,

unless that person holds an active license as a licensed

professional counselor or licensed clinical professional

counselor; and

(5) obtaining or attempting to obtain a license by

fraud.

(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:

(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

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

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

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

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

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

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

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

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;

(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

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;

(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.