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Illinois Mental Health Counselors


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Please note

This is not a list of all legislation that affects mental health counselors in Illinois. Also, it may not directly affect every mental health counselor in Illinois. IMHCA may be able to help clarify issues regarding legislation, but consult an attorney if you have any legal questions.

Current Illinois State Legislation

 Topic: Short Description: Legislation Link: PDF of Just That Section: Effective Date:
New Laws in 2022

List of new legislation


 The Reproductive Health ActIllinois shall not revoke a license if a counselor aids, assists or refers a client for any health care that is not illegal in Illinois. 
Illinois shall also not revoke a license if a counselor aids, assists or refers a client for any health care service in another state regardless if the counselor is disciplined in another state.

Public Act 102-1117



Counselors need to follow all applicable laws of both the jurisdiction where the client is located and where the counselor is located. Service takes place in the location of the client at the time of service, independent of the client’s state of residence. Unless there is a licensing board waiver active in the state, counselors need to be licensed in the client’s location and, in many states—including Illinois—the location they are located. It is important to establish the client’s location at every point in providing services.

 Medicaid LCPCs can independently bill Medicaid
Billing Rates

 Budget Illinois FY23 State Budget Analysis
 PLLC IDFPR Guide Booklet
Restore inactive or expired license
Restoration of inactive or expired license of 5 yrs or less requirements are suspended
IDFPR Announcement
 PA 102-0699
expires 1/1/2028
Part of the state budget
Restore inactive or expired license
Restoration of inactive or expired license of 5 yrs or less requirements are suspended
Public Act 102-1053
Sec 5-20 g
  Temp until 1/1/23
   Parental Notification of abortion
repealed in Illinois, 

The 1995 parental notification law didn’t go into effect until 2013 after years of litigation. The law allowed for a judicial bypass of the notification requirement.

Last year, the Democratic supermajority at the Illinois statehouse passed a measure to repeal parental notification. Gov. J.B. Pritzker signed the repeal in December. The repeal took effect June 1, 2022.

Sexual Harrassment New Rule
Sexual Harassment Prevention Training New Rule Finalized
Required CE
 Rule   2/14/22
 Implicit Bias New Rule
Implicit Bias Training New Rule Finalized
Required CE
 Rule   2/14/22
 Inactive License Renewal Grace Period to 1/1/23
Grace period for inactive license restoration.
No renewal fee

Public Act 102-1053
Section 5-20
 Human Service Loan Repayment Act Provides loan repayment for human services workers in specific settings
Public Act 102-1089
Loan Repayment Program Act.

 New Proposed Rule changes -published Feb 18
Small tweaks to the Illinois Behavioral Health Care Professional Loan Repayment Program Act. Provides $6,500 a year for LCPCs / LCSWs.

Public Service Loan Forgiveness

Full Act

 Sexual Harrassment Prevention
Sexual Harassment Prevention Training Required

Public Act 101-0221


IDFPR Statement
Sec 2-109
 Mandated Reporter
Requires Mandated Reporter to complete training
 Public Act 101-0564
 Healthcare Rights of Children

Healthcare Rights of Youth in Illinois 
(updated January 2018)

 Firearm Concealed Carry Act  FOID law on LCPC mandated reporting for clients at risk. Clear and present danger definition.
 Public Act 098-0063  098-0063  
Confidentiality Act
Amends Confidentiality Act to Cover disclosures not made in a therapeutic relationship.
Public Act 99-0028
 099-0028 1/1/2016
 Student Safety
Requires colleges to allow students to designate someone to whom college can disclose the fact that the students is a clear danger.
Public Act 99-0278
 099-0278  1/1/2016
Health Care
Protects disclosure of sensitive health care services.
Public Act 99-0181
 LGBTQ Minors
Protects LGBTQ minors from "conversion therapy"
Public Act 99-0411
 099-0411  1/1/2016
 Opiod Treatment
Bill About Opiod Treatment. Am #1 greatly strengthens parity law.
Public Act 99-0480
 099-0480  9/9/2015
 Clarification and Definition of LCPCs  Amends the Mental Health and Developmental Disabilities Code. Defines "clinical professional counselor". Public Act 098-0724
Restraint Authorization for LCPCs Adds LCPC as authorized to order restraints. The law already includes LCSW. Public Act 98-0137 Sec. 2-108
Concealed Carry Concealed carry law on mandated reporting of "danger to self or others" or "developmentally disabled."
Public Act 98-0063
Sec. 6-103.3
Concealed Carry Amendment requiring QMHPs to report.
Public Act 98-600 Sec. 8.1
Sex Offenders   Sex offender evaluation and treatment provider act. Illinois Register 2013 Sec. 1280
Facility Director  Amends definition of facility director to allow counselors to be designees. Public Act 97-0753 HB4037
State Grantee Reporting  Requires more reporting from state grantees. Prohibits grantees from charging clients for services funded by the state. Public Act 98-0047 HB0002
 Mental Health Confidentiality Concealed carry bill changes law concerning confidentiality of mental health records and reporting requirements.  Public Act 98-0063 HB0183
Mental Health Youth Protection
Provides that no mental health provider shall engage in sexual orientation change efforts with a person under the age of 18
Public Act 99-0411
 Client Records Must establish and maintain client records and case notes. Records must be maintained for at least 7 years. Administrative Code 1375.225 Sec. C-4
 Health Care Fraud Regulations
States that any IDFPR licensed worker who has been convicted of, or has entered a plea of guilty or nolo contendere, in a criminal prosecution to a criminal health care or criminal insurance fraud offense will have their license suspended immediately
Public Act 99-0211
 HB1359 1/1/2016
Mental Health First Aid Training Illinois Mental Health First Aid training program so that certified trainers can provide Illinois residents, professionals, and members of the public with training on how to identify mental health problems.  Public Act 98-0195 HB1538
Music Therapy
 Creates the Music Therapy Advisory Board Act that must report recommendations for the certification, training, curriculum and best practices of music therapists.
Public Act 99-0397
 Mental Health Police Response
 Provides that the Illinois Law Enforcement Training and Standards shall create a standard curriculum for a certified training program in crisis intervention addressing specialized policing responses to people with mental illnesses.
 Public Act 99-0261
Clinical Psychologist Changes the definition of clinical psychologist.
 Public Act 98-0075 SB0062

 Insurance LCPCs are a valid provider of mental health care which insurance providers in Illinois must cover.
Public Act 96-0328 Sec. 370c
 Abuse and Neglect
 LPCs and LCPCs are reqiured to report a child they believe may be abused or neglected.
Public Act 98-0067
Sec. 4
 Threatening a Public Official Adds "human service provider" to the list of individuals included in the offense of "threatening a public official"
Public Act 98-529
Qualified Examiner
Adds LCPC to the list of qualified examiners.
Public Act 91-0536
Sec. 1-122

Ethics CEs
 Required for social workers and psychologists.
NOT required for counselors.
 Health Care Right of Conscience
 Declares that people and organizations hold different beliefs about whether certain health care services are morally acceptable and respects and protects the right of conscience of all persons.
 Public Act 99-0690
 ALL KIDS Update
Amends the Covering ALL KIDS Health Insurance Act. Changes the repeal date from July 1, 2016 to October 1, 2019.
Public Act  99-0518
 Child Bereavement Leave Act
Creates the Child Bereavement Leave Act and amends the State Finance Act. Provides that an employee may use specified amounts of bereavement leave to grieve the death of the employee's child, attend services, or make arrangements.
 Public Act 99-0703
 SB2613  07/29/2016
Sexual Harassment Training
Professions that have continuing education requirements, the required hours shall include at least one hour of sexual harassment prevention training for license renewals. Public Act 100-0762
Community Health 
Loan Repayment Program from mental health professionals working in under served areas
 Public Act 100-0862
Public Act 100-0862
Licensure through Endorsement
Attempts to streamline the “licensure through endorsement” process for out-of-state LCSWs, LMFTs, and LCPCs, by reducing the time in which IDFPR issues licenses to not more than 60 days after a completed application is received by the Department. Public Act 100-0766
 Immigration Licensure
Provides that no person may be denied professional licensure for immigration status. Applicant may provide a Tax Identification Number in lieu of a SSN. Public Act 100-1078
  Child Abuse Reports
Requires DCFS to keep all unfounded reports of child abuse/neglect for a minimum of five years (currently three). 
Public Act 100-0697 
 SB0293 1/1/2019
Visitation Clarification Clarifies situations where a grandparent, great- grandparent, sibling or step-parent can seek visitation.
Public Act 100-0706
Stalking  Provides that stalking behavior includes sending unwanted messages via social media. Expands who may bring a petition under the Act to include an authorized agent of: a workplace, a place of worship and a school.  Public Act 100-1000
 SB3411 1/1/2019
Mental Health Awareness
Requires licensed school personnel and administrators who work with grades K-12 to be trained, once every two years, to identify the warning signs of mental illness and suicidal behavior in youth and be taught appropriate intervention and referral techniques.
Public Act 100-0903  HB4658  1/1/2019
 Education Loan Pilot Program  Public institutions of higher education shall provide that student or their parent/guardian estimates of the total amount of education loans taken out by the student or parent/guardian, the potential total payoff amount of the incurred loans, and the monthly repayment amounts a borrower may incur for the amount of loans the student or parent/guardian has taken out. Public Act 100-0926
 Firearms Restraining Order Allows family members or law enforcement to petition the court for an ex parte order alleging the respondent poses significant danger of causing personal injury to himself/herself or another by having in his/her custody or control, owning, purchasing, possessing or receiving a firearm.
Public Act 100-0607
 # Sessions with Minors Without Parental Consent
Expands minor sessions without parental consent to 8-90 minute sessions. Includes other provisions to continue service. 
Public Act
 Employer not allowed to ask salary history
Prohibits employer from screening job applicants based upon salary history, disclosure of past wages or benefits. 
 Public Act

Professional Limited Liability Company

Details the law allowing a PLLC- Counselors are not required to establish a PLLC
(805 ILCS 185/) Professional Limited Liability Company Act.
 State Guidebook on PLLC
School Counselor

Rule change allowing LCPCs temporary School Counselor License

Section 25.432 Short-Term Approval for School Support Personnel 
Illinois Register 
June 18, 2021

Pg 197

 Become a Member
Join other licensed professionals, students, educators and other mental health professionals in supporting your profession.
 The greatest benefit of membership is information!
 Rachel Banick Association Director
ph (815) 787-0515
or email.

Day on the Hill

We are active with legislative advocacy on behalf of Illinois counselors.

Our annual Day on the Hill in Springfield will be Wednesday, April 6, 2022. Registration Coming Soon


Contact Us
+1 (815) 787-0515

P.O. Box 706
DeKalb, IL 60115

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