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.
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| The Reproductive Health Act | Illinois 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. | |||
| Telehealth | Telehealth, 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 | LCPC=LPHA Billing Rate | ||
| 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 |
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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 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 Harassment 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 | 6/10/22 |
| 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 | Rule | 2/18/22 | |
| Sexual Harassment Prevention | Sexual Harassment Prevention Training Required | Sec 2-109 | 1/1/2020 | |
| Mandated Reporter | Requires Mandated Reporter to complete training | Public Act 101-0564 | 1/1/2020 | |
| 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 | 099-0181 | 7/29/2015 |
| 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 | 098-0724 | 7/16/2014 |
| Restraint Authorization for LCPCs | Adds LCPC as authorized to order restraints. The law already includes LCSW. | Public Act 98-0137 | Sec. 2-108 | 8/2/2013 |
| 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 | 7/9/2013 |
| Concealed Carry | Amendment requiring QMHPs to report. | Public Act 98-600 | Sec. 8.1 | 12/6/2013 |
| Sex Offenders | Sex offender evaluation and treatment provider act. | Illinois Register 2013 | Sec. 1280 | 11/22/2013 |
| Facility Director | Amends definition of facility director to allow counselors to be designees. | Public Act 97-0753 | HB4037 | 7/6/2012 |
| 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 | 7/1/2013 |
| Mental Health Confidentiality | Concealed carry bill changes law concerning confidentiality of mental health records and reporting requirements. | Public Act 98-0063 | HB0183 | 7/9/2013 |
| 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 | HB0217 | 1/1/2016 |
| 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 | 8/7/2013 |
| 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 | SB1359 | 8/18/2015 |
| 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 | HB4112 | 1/1/2016 |
| 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 | SB1609 | 1/1/2014 |
| 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 | SB1564 | 7/29/2016 |
| ALL KIDS Update | Amends the Covering ALL KIDS Health Insurance Act. Changes the repeal datefrom July 1, 2016 to October 1, 2019. | Public Act 99-0518 | HB5736 | 6/30/2016 |
| 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 | HB4953 | 1/1/2019 |
| Community Health | Loan Repayment Program from mental health professionals working in under served areas | Public Act 100-0862 | Public Act 100-0862 | 1/1/2019 |
| 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 | HB5110 | 1/1/2019 |
| 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 | SB3109 | 1/1/2019 |
| 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 | SB2495 | 1/1/2019 |
| 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 | |
| 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 | SB2559 | 1/1/2019 |
| 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 | SB2354 | 1/1/2019 |
| # 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 100-0614 | HB1443 | 7/20/2018 |
| 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 101-0177 | 9/29/2019 | |
| PLLC 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 | |
| RULES | ||||
| LCPC 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 |
