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.

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.

MedicaidLCPCs can independently bill MedicaidLCPC=LPHA
Billing Rate

Budget    Illinois FY23 State Budget Analysis

PLLCIDFPR Guide Booklet

Restore inactive or expired licenseRestoration 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 suspendedPublic 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repealed in Illinois,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 Harassment New RuleSexual Harassment Prevention Training New Rule Finalized
Required CE
Implicit Bias New RuleImplicit Bias Training New Rule Finalized
Required CE


Inactive License Renewal Grace Period to 1/1/23Grace period for inactive license restoration.
No renewal fee
Public Act 102-1053

Section 5-20


Human Service Loan Repayment ActProvides loan repayment for human services workers in specific settingsPublic 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 Harassment PreventionSexual Harassment Prevention Training Required

Public Act 101-0221


IDFPR Statement

Sec 2-1091/1/2020
Mandated ReporterRequires Mandated Reporter to complete trainingPublic Act 101-0564


Firearm Concealed Carry ActFOID law on LCPC mandated reporting for clients at risk.
Clear and present danger definition.
Public Act 098-0063098-0063
Confidentiality ActAmends Confidentiality Act to Cover disclosures not made in a therapeutic
Public Act 99-0028099-00281/1/2016
Student SafetyRequires colleges to allow students to designate someone to whom college can disclose the fact that the students is a clear danger.Public Act 99-0278099-0278 1/1/2016
Health CareProtects disclosure of sensitive health care services.Public Act 99-0181099-01817/29/2015
LGBTQ MinorsProtects LGBTQ minors from "conversion therapy"Public Act 99-0411099-0411 1/1/2016
 Opiod TreatmentBill About Opiod Treatment. Am #1 greatly strengthens parity law.Public Act 99-0480099-0480 9/9/2015
 Clarification and Definition of LCPCs Amends the Mental Health and Developmental Disabilities Code.
Defines "clinical professional counselor".
Public Act 098-0724098-0724 7/16/2014
Restraint Authorization for LCPCsAdds LCPC as authorized to order restraints. The law already includes LCSW.Public Act 98-0137Sec. 2-1088/2/2013
Concealed CarryConcealed carry law on mandated reporting of "danger to self or others" or "developmentally disabled."Public Act 98-0063Sec. 6-103.37/9/2013
Concealed CarryAmendment requiring QMHPs to report.Public Act 98-600Sec. 8.112/6/2013
Sex Offenders Sex offender evaluation and treatment provider act.Illinois Register 2013Sec. 128011/22/2013
Facility Director Amends definition of facility director to allow counselors to be designees.Public Act 97-0753HB40377/6/2012
State Grantee ReportingRequires more reporting from state grantees. Prohibits grantees from charging clients for services funded by the state.Public Act 98-0047HB00027/1/2013
Mental Health ConfidentialityConcealed carry bill changes law concerning confidentiality of mental health records and reporting requirements. Public Act 98-0063HB01837/9/2013
Mental Health Youth ProtectionProvides that no mental health provider shall engage in sexual orientation change efforts with a person under the age of 18.Public Act 99-0411HB02171/1/2016
 Client Records    Must establish and maintain client records and case notes. Records must be maintained for at least 7 years.Administrative Code 1375.225Sec. C-4
Health Care Fraud RegulationsStates 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 immediatelyPublic Act 99-0211HB13591/1/2016
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 98-0195HB1538

Music TherapyCreates the Music Therapy Advisory Board Act that must report recommendations for the certification, training, curriculum and best practices of music therapists.Public Act 99-0397SB1359

Mental Health Police ResponseProvides 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 99-0261HB4112

Clinical PsychologistChanges the definition of clinical psychologist.Public Act 98-0075SB0062
InsuranceLCPCs are a valid provider of mental health care which insurance providers in Illinois must cover.Public Act 96-0328Sec. 370c
Abuse and NeglectLPCs and LCPCs are reqiured to report a child they believe may be abused or neglected.Public Act 98-0067Sec. 4
Threatening a Public OfficialAdds "human service provider" to the list of individuals included in the offense of "threatening a public official"Public Act 98-529SB1609

Qualified ExaminerAdds LCPC to the list of qualified examiners.Public Act 91-0536Sec. 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 99-0690SB1564


 ALL KIDS UpdateAmends the Covering ALL KIDS Health Insurance Act. Changes the repeal datefrom July 1, 2016 to October 1, 2019.Public Act  99-0518HB5736

 Child Bereavement Leave ActCreates 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 99-0703SB2613 

Sexual Harassment TrainingProfessions 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 HealthLoan Repayment Program from mental health professionals working in under served areasPublic Act 100-0862Public Act 100-0862

Licensure through EndorsementAttempts 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 100-0766HB5110


Immigration LicensureProvides 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 100-1078SB3109

Child Abuse ReportsRequires DCFS to keep all unfounded reports of child abuse/neglect for a
minimum of five years (currently three). 
Public Act 100-0697SB0293

Visitation ClarificationClarifies situations where a grandparent, great- grandparent, sibling or step-
parent can seek visitation.
Public Act 100-0706SB2495

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 100-1000SB3411

Mental Health AwarenessRequires 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 100-0903HB4658


Education Loan Pilot ProgramPublic 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 100-0926SB2559 

 Firearms Restraining OrderAllows 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 100-0607SB2354 

# Sessions with Minors Without Parental ConsentExpands minor sessions without parental consent to 8-90 minute
sessions. Includes other provisions to continue service.
Public Act
 Employer not allowed to ask salary historyProhibits 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


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