Bill Text: IL HB5457 | 2023-2024 | 103rd General Assembly | Enrolled

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

---

Bill Title: Amends the Clinical Social Work and Social Work Practice Act. Provides that a license to practice under the Act shall not be denied an applicant because of the applicant's real or perceived immigration status. Provides that every application for an original license under the Act shall include the applicant's Social Security Number or individual taxpayer identification number. Provides that the Social Work Examining and Disciplinary Board may grant additional examination time to an applicant for whom English is the applicant's second language. Provides that to qualify for consideration, the applicant must submit a request for additional time stating that English is the applicant's second language, and provide additional information. Sets forth what additional information may be provided. Provides that if approved, the applicant shall be allotted extra time when taking the required board-administered examination. Provides that the allowance of the extra time for a required national examination is subject to availability from the exam-administering entity. Provides that the Department of Financial and Professional Regulation may not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against a license or permit issued under the Act based solely upon an immigration violation by the licensed clinical social worker. Provides that the Department may not revoke, suspend, summarily suspend, place on prohibition, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action against the license or permit issued under the Act to practice as a licensed clinical social worker based upon the licensed clinical social worker's license being revoked or suspended, or the licensed clinical social worker being otherwise disciplined by any other state, if that revocation, suspension, or other form of discipline was based solely upon an immigration violation by the licensed clinical social worker. Amends the Marriage and Family Therapy Licensing Act and Professional Counselor and Clinical Professional Counselor Licensing and Practice Act to make similar changes.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2024-07-19 - Public Act . . . . . . . . . 103-0715 [HB5457 Detail]

Download: Illinois-2023-HB5457-Enrolled.html

---

HB5457 Enrolled LRB103 38890 RTM 69027 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. Findings. The General Assembly finds the
following:
(1) More than one-in-five Illinois households (23.2%)
primarily speak a language other than English at home. The
most common non-English languages spoken in Illinois are
Spanish (1,627,789 or 13.5% of households), Polish (174,381 or
1.44% of households), and dialects of Chinese (including
Mandarin and Cantonese at 105,919 or 0.877% of households).
(2) An estimated 1.8 million people, or 14.1% of Illinois
residents, were born outside the country. These individuals
are more likely to face issues of discrimination, racism, and
xenophobia, all of which are social determinants of health and
can lead to negative behavioral health outcomes. Additionally,
this population is likely to be uniquely traumatized due to
sociopolitical turmoil in specific parts of the world,
uncertainty about immigration status, and grief over family
and homeland separation.
(3) Illinois has a particularly high population of
international students. Illinois has the fifth-highest number
of international students in the country, with over 55,000
students traveling to Illinois for its educational and

HB5457 Enrolled - 2 - LRB103 38890 RTM 69027 b
vocational opportunities. In 2022, the University of Illinois
system announced a record 11,548 international students
enrolled in their programs. Additionally, with the recent
influx of migrant children attending Chicago public schools,
Chicago teachers have highlighted the severe need for
bilingual social workers and counselors to address the needs
of traumatized children.
(4) Illinois faces an unprecedented mental health
emergency. In 2022, 12.7% of Illinois adults reported 14 or
more days of poor mental health per month. Even the needs of
children, whose mental health conditions have been declared a
national emergency, are unable to be met in Illinois.
(5) Drug overdose deaths have reached crisis levels. In
2014, approximately 9.77 people died from drug poisoning per
100,000 people. In 2022, that number has risen to 23.8 people
who die per population of 100,000. This represents a 243.6%
increase in the number of overdose deaths in the last 10 years.
(6) The ability to express oneself, particularly when
trying to explain emotions or analyze/interpret life events,
is crucial to the successful provision of behavioral health
services. Studies show that the delivery of services in a
client's language is crucial to the development of trust and
the comfort of the client. The American Psychological
Association's official position is that, due to professional
ethics and governmental guidelines, behavioral health services
"should be provided in the preferred language of clients with

HB5457 Enrolled - 3 - LRB103 38890 RTM 69027 b
limited English proficiency." Every major behavioral health
profession highlights the ethical need for practitioners to
enhance cultural sensitivity and competency. However,
bilingual clients often opt to receive services in English due
to severe availability gaps of services in their language of
origin, particularly in rural or underserved areas.
(7) The shortage of bilingual therapists prevents
communities from adequately addressing issues related to
migrant trauma. The lack of bilingual professionals is
particularly felt in rural areas. For example, although
immigrants account for 7% of the population of McLean County,
there are only a handful of clinical professionals who speak
Spanish and an even smaller amount who speak other languages.
This means clients must rely on translators, which take
precious time from the client's therapy session, or wait
months and travel great distances for appointments with local
bilingual therapists.
Section 10. The Clinical Social Work and Social Work
Practice Act is amended by changing Sections 5, 7, 7.5, and 19
as follows:
(225 ILCS 20/5) (from Ch. 111, par. 6355)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the

HB5457 Enrolled - 4 - LRB103 38890 RTM 69027 b
following functions, powers, and duties:
(1) Conduct or authorize examinations or examination
alternatives to ascertain the qualifications and fitness
of candidates for a license to engage in the independent
practice of clinical social work, pass upon the
qualifications of applicants for licenses, and issue
licenses to those who are found to be fit and qualified.
All examinations, either conducted or authorized, must
allow reasonable accommodations for applicants for whom
English is not their primary language and a test in their
primary language is not available. Further, all
examinations either conducted or authorized must comply
with all communication access and reasonable modification
requirements in Section 504 of the federal Rehabilitation
Act of 1973 and Title II of the Americans with
Disabilities Act of 1990.
(2) Adopt rules required for the administration and
enforcement of this Act.
(3) Adopt rules for determining approved undergraduate
and graduate social work degree programs and prepare and
maintain a list of colleges and universities offering such
approved programs whose graduates, if they otherwise meet
the requirements of this Act, are eligible to apply for a
license.
(4) Prescribe forms to be issued for the
administration and enforcement of this Act consistent with

HB5457 Enrolled - 5 - LRB103 38890 RTM 69027 b
and reflecting the requirements of this Act and rules
adopted pursuant to this Act.
(5) Conduct investigations related to possible
violations of this Act.
(6) Maintain rosters of the names and addresses of all
persons who hold valid licenses under this Act. These
rosters shall be available upon written request and
payment of the required fee.
(Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24.)
(225 ILCS 20/7) (from Ch. 111, par. 6357)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7. Applications for original license. Applications
for original licenses shall be made to the Department on forms
or electronically as prescribed by the Department and
accompanied by the required fee which shall not be refundable.
All applications shall contain such information which, in the
judgment of the Department, will enable the Department to pass
on the qualifications of the applicant for a license as a
licensed clinical social worker or as a licensed social
worker.
A license to practice shall not be denied an applicant
because of the applicant's race, religion, creed, national
origin, real or perceived immigration status, political
beliefs or activities, age, sex, sexual orientation, or
physical disability that does not affect a person's ability to

HB5457 Enrolled - 6 - LRB103 38890 RTM 69027 b
practice with reasonable judgment, skill, or safety.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet
the requirements in effect at the time of reapplication.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/7.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7.5. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number, which shall be
retained in the agency's records pertaining to the license. As
soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Grounds for disciplinary action.

HB5457 Enrolled - 7 - LRB103 38890 RTM 69027 b
(1) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, 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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty, or that is directly related to the
practice of the clinical social work or social work
professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under

HB5457 Enrolled - 8 - LRB103 38890 RTM 69027 b
this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;
(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department;
(j) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(l) 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 (l) affects any bona fide
independent contractor or employment arrangements among

HB5457 Enrolled - 9 - LRB103 38890 RTM 69027 b
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 (l) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with such terms;
(n) abandonment, without cause, of a client;
(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with Federal or State
agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;
(q) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under 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

HB5457 Enrolled - 10 - LRB103 38890 RTM 69027 b
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
Act;
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(2) (Blank).
(3) 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 license.

HB5457 Enrolled - 11 - LRB103 38890 RTM 69027 b
Such suspension will end upon a finding by a court that the
licensee is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient, and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
professional practice.
(4) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied
or (ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(4.5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon the licensed clinical social worker authorizing,
recommending, aiding, assisting, referring for, or otherwise
participating in any health care service, so long as the care
was not unlawful under the laws of this State, regardless of
whether the patient was a resident of this State or another
state.
(4.10) The Department shall not revoke, suspend, summarily

HB5457 Enrolled - 12 - LRB103 38890 RTM 69027 b
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely on
the licensed clinical social worker violating another state's
laws prohibiting the provision of, authorization of,
recommendation of, aiding or assisting in, referring for, or
participation in any health care service if that health care
service as provided would not have been unlawful under the
laws of this State and is consistent with the standards of
conduct for a licensed clinical social worker practicing in
Illinois.
(4.15) The conduct specified in subsection subsections
(4.5), and (4.10), (4.25), or (4.30) shall not constitute
grounds for suspension under Section 32.
(4.20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,

HB5457 Enrolled - 13 - LRB103 38890 RTM 69027 b
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(4.25) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against a license or permit issued under this Act based
solely upon an immigration violation by the licensed clinical
social worker.
(4.30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a licensed clinical social worker based upon the
licensed clinical social worker's license being revoked or
suspended, or the licensed clinical social worker being
otherwise disciplined by any other state, if that revocation,
suspension, or other form of discipline was based solely upon
an immigration violation by the licensed clinical social
worker.
(5)(a) In enforcing this Section, the Department or Board,
upon a showing of a possible violation, may compel a person
licensed to practice under this Act, or who has applied for

HB5457 Enrolled - 14 - LRB103 38890 RTM 69027 b
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
(b) The Department shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination or
both. The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination pursuant to this Section to submit to
any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
(c) The Board or the Department may order the examining
physician or any member of the multidisciplinary team to
present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, record, or other documents in any way related to the

HB5457 Enrolled - 15 - LRB103 38890 RTM 69027 b
examination shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is
necessary from the licensee or applicant ordered to undergo an
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation.
(d) The person to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of the examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
(e) Failure of any person to submit to a mental or physical
examination without reasonable cause, when ordered, shall
result in an automatic suspension of his or her license until
the person submits to the examination.
(f) If the Department or Board finds a person unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling or treatment, the
Department may file, or the Board may recommend to the

HB5457 Enrolled - 16 - LRB103 38890 RTM 69027 b
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Department.
(g) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
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 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the

HB5457 Enrolled - 17 - LRB103 38890 RTM 69027 b
provisions of his or her license.
(h) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 15. The Marriage and Family Therapy Licensing Act
is amended by changing Sections 30, 32, 45, and 85 as follows:
(225 ILCS 55/30) (from Ch. 111, par. 8351-30)
(Section scheduled to be repealed on January 1, 2027)
Sec. 30. Application.
(a) Applications for original licensure shall be made to
the Department in writing on forms or electronically as
prescribed by the Department and shall be accompanied by the
appropriate documentation and the required fee, which shall
not be refundable. Any application shall require such
information as, in the judgment of the Department, will enable
the Department to pass on the qualifications of the applicant
for licensing.
(b) Applicants have 3 years from the date of application
to complete the application process. If the application has
not been completed within 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.

HB5457 Enrolled - 18 - LRB103 38890 RTM 69027 b
(c) A license shall not be denied to an applicant because
of the applicant's race, religion, creed, national origin,
real or perceived immigration status, political beliefs or
activities, age, sex, sexual orientation, or physical
disability that does not affect a person's ability to practice
with reasonable judgment, skill, or safety.
(Source: P.A. 100-372, eff. 8-25-17.)
(225 ILCS 55/32)
(Section scheduled to be repealed on January 1, 2027)
Sec. 32. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number, which shall be
retained in the agency's records pertaining to the license. As
soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 56/45)
(Section scheduled to be repealed on January 1, 2028)
Sec. 45. Powers and duties of the Department. Subject to

HB5457 Enrolled - 19 - LRB103 38890 RTM 69027 b
the provisions of this Act, the Department shall:
(1) adopt rules defining what constitutes a curriculum
for music therapy that is reputable and in good standing;
(2) adopt rules providing for the establishment of a
uniform and reasonable standard of instruction and
maintenance to be observed by all curricula for music
therapy that are approved by the Department and determine
the reputability and good standing of the curricula for
music therapy by reference to compliance with the rules,
provided that no school of music therapy that refuses
admittance to applicants solely on account of race, color,
creed, sex, or national origin shall be considered
reputable and in good standing;
(3) adopt and publish rules for a method of
examination of candidates for licensed professional music
therapists and for issuance of licenses authorizing
candidates upon passing examination to practice as
licensed professional music therapists;
(4) review applications to ascertain the
qualifications of applicants for licenses;
(5) authorize examinations to ascertain the
qualifications of those applicants who require
examinations as a component of a license. All
examinations, either conducted or authorized, must allow
reasonable accommodations for applicants for whom English
is not their primary language and a test in their primary

HB5457 Enrolled - 20 - LRB103 38890 RTM 69027 b
language is not available. Further, all examinations
either conducted or authorized must comply with all
communication access and reasonable modification
requirements in Section 504 of the federal Rehabilitation
Act of 1973 and Title II of the Americans with
Disabilities Act of 1990;
(6) conduct hearings on proceedings to refuse to issue
or renew a license or to revoke, suspend, place on
probation, or reprimand licenses issued under this Act or
otherwise discipline; and
(7) adopt rules necessary for the administration of
this Act.
(Source: P.A. 102-993, eff. 5-27-22.)
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2027)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, reprimand, place on probation, or take
any other disciplinary or non-disciplinary action as the
Department may deem proper, including the imposition of fines
not to exceed $10,000 for each violation, with regard to any
license issued under the provisions of this Act for any one or
combination of the following grounds:
(1) Material misstatement in furnishing information to
the Department.

HB5457 Enrolled - 21 - LRB103 38890 RTM 69027 b
(2) Violation of any provision of this Act or its
rules.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, 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 that is
(i) a felony or (ii) a misdemeanor, an essential element
of which is dishonesty or that is directly related to the
practice of the profession.
(4) Fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence in practice under this Act.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 60 days, to provide information 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 as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.

HB5457 Enrolled - 22 - LRB103 38890 RTM 69027 b
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(11) Discipline by another jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Act.
(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 services not actually or
personally 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 Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to

HB5457 Enrolled - 23 - LRB103 38890 RTM 69027 b
comply with the terms.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to false records filed with 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.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under 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 illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that 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) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.

HB5457 Enrolled - 24 - LRB103 38890 RTM 69027 b
(21) Practicing under a false or assumed name, except
as provided by law.
(22) Gross, willful, and continued overcharging for
professional services, including filing false statements
for collection of fees or moneys for which services are
not rendered.
(23) Failure to establish and maintain records of
patient care and treatment as required by law.
(24) Cheating on or attempting to subvert the
licensing examinations administered under this Act.
(25) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(26) Being named as an abuser in a verified report by
the Department on Aging and under the Adult Protective
Services Act and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(b) (Blank).
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no

HB5457 Enrolled - 25 - LRB103 38890 RTM 69027 b
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist.
(d) The Department shall refuse to issue or may suspend
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 tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
(d-5) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based solely upon the
marriage and family therapist or associate licensed marriage
and family therapist authorizing, recommending, aiding,
assisting, referring for, or otherwise participating in any
health care service, so long as the care was not Unlawful under
the laws of this State, regardless of whether the patient was a
resident of this State or another state.
(d-10) The Department shall not revoke, suspend, summarily

HB5457 Enrolled - 26 - LRB103 38890 RTM 69027 b
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based upon the marriage
and family therapist's or associate licensed marriage and
family therapist's license being revoked or suspended, or the
marriage and family therapist or associate licensed marriage
and family therapist being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely on the marriage and family
therapist or associate licensed marriage and family therapist
violating another state's laws prohibiting the provision of,
authorization of, recommendation of, aiding or assisting in,
referring for, or participation in any health care service if
that health care service as provided would not have been
unlawful under the laws of this State and is consistent with
the standards of conduct for a marriage and family therapist
or an associate licensed marriage and family therapist
practicing in Illinois.
(d-15) The conduct specified in subsection subsections
(d-5), or (d-10), (d-25), or (d-30) shall not constitute
grounds for suspension under Section 145.
(d-20) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional

HB5457 Enrolled - 27 - LRB103 38890 RTM 69027 b
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.
(d-25) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based solely upon an
immigration violation by the marriage and family therapist or
associate licensed marriage and family therapist.
(d-30) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a marriage and family therapist or associate
licensed marriage and family therapist based upon the marriage
and family therapist's or associate licensed marriage and
family therapist's license being revoked or suspended, or the

HB5457 Enrolled - 28 - LRB103 38890 RTM 69027 b
marriage and family therapist or associate licensed marriage
and family therapist being otherwise disciplined by any other
state, if that revocation, suspension, or other form of
discipline was based solely upon an immigration violation by
the marriage and family therapist or associate licensed
marriage and family therapist.
(e) In enforcing this Section, the Department or Board
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, which may include a substance
abuse or sexual offender evaluation, as required by and at the
expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, and other professional and administrative staff.
Any examining physician or member of the multidisciplinary
team may require any person ordered to submit to an

HB5457 Enrolled - 29 - LRB103 38890 RTM 69027 b
examination and evaluation pursuant to this Section to submit
to any additional supplemental testing deemed necessary to
complete any examination or evaluation process, including, but
not limited to, blood testing, urinalysis, psychological
testing, or neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
The Department or Board may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or
other documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for
the examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation.
The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during

HB5457 Enrolled - 30 - LRB103 38890 RTM 69027 b
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
Failure of an individual to submit to a mental or physical
examination, when ordered, shall result in an automatic
suspension of his or her license until the individual submits
to the examination.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the individual.
An individual whose license was granted, continued,
reinstated, renewed, disciplined or supervised subject to such
terms, conditions, or restrictions, and who fails to comply
with such terms, conditions, or restrictions, shall be
referred to the Secretary for a determination as to whether
the individual shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that

HB5457 Enrolled - 31 - LRB103 38890 RTM 69027 b
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board 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 or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(f) A fine shall be paid within 60 days after the effective
date of the order imposing the fine or in accordance with the
terms set forth in the order imposing the fine.
(g) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-1117, eff. 1-13-23.)
Section 20. The Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act is amended
by changing Sections 25, 37, 50, and 80 as follows:
(225 ILCS 107/25)
(Section scheduled to be repealed on January 1, 2028)

HB5457 Enrolled - 32 - LRB103 38890 RTM 69027 b
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. All examinations, either
conducted or authorized, must allow reasonable
accommodations for applicants for whom English is not
their primary language and a test in their primary
language test is not available. Further, all examinations
either conducted or authorized must comply with all
communication access and reasonable modification
requirements in Section 504 of the federal Rehabilitation
Act of 1973 and Title II of the Americans with
Disabilities Act of 1990.
(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 licensed under this Act.
(c) Formulate rules and regulations required for the
administration of this Act.
(d) (Blank).
(e) Establish rules for determining approved graduate
professional counseling, clinical professional

HB5457 Enrolled - 33 - LRB103 38890 RTM 69027 b
counseling, psychology, rehabilitation counseling and
similar programs.
(Source: P.A. 102-878, eff. 1-1-23.)
(225 ILCS 107/37)
(Section scheduled to be repealed on January 1, 2028)
Sec. 37. Social Security Number or individual taxpayer
identification number on license application. In addition to
any other information required to be contained in the
application, every application for an original license under
this Act shall include the applicant's Social Security Number
or individual taxpayer identification number, which shall be
retained in the agency's records pertaining to the license. As
soon as practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
(225 ILCS 107/50)
(Section scheduled to be repealed on January 1, 2028)
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

HB5457 Enrolled - 34 - LRB103 38890 RTM 69027 b
required to complete continuing education in accordance with
rules established by the Department and pay the current
renewal fee.
(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, 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 rule, the person's fitness
to resume active status and shall establish procedures and
requirements for restoration.
(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 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, the
Department is furnished with satisfactory evidence that the
person has been so engaged and that such service, training, or

HB5457 Enrolled - 35 - LRB103 38890 RTM 69027 b
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, real or perceived immigration status,
political beliefs or activities, age, sex, sexual orientation,
or physical impairment.
(f) (Blank).
(g) Notwithstanding any other provision of law, the
following requirements for restoration of an inactive or
expired license of 5 years or less as set forth in subsections
(b), (c), and (f) are suspended for any licensed clinical
professional counselor who has had no disciplinary action
taken against his or her license in this State or in any other
jurisdiction during the entire period of licensure: proof of
fitness, certification of active practice in another
jurisdiction, and the payment of a renewal fee. An individual
may not restore his or her license in accordance with this
subsection more than once.
(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22;
103-154, eff. 6-30-23.)
(225 ILCS 107/80)
(Section scheduled to be repealed on January 1, 2028)
Sec. 80. Grounds for discipline.
(a) The Department may refuse to issue, renew, or may
revoke, suspend, place on probation, reprimand, or take other

HB5457 Enrolled - 36 - LRB103 38890 RTM 69027 b
disciplinary or non-disciplinary action as the Department
deems appropriate, including the issuance of fines not to
exceed $10,000 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 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.
(4) Fraud or 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.
(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.

HB5457 Enrolled - 37 - LRB103 38890 RTM 69027 b
(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, or any
other substance 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

HB5457 Enrolled - 38 - LRB103 38890 RTM 69027 b
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 suspected abuse, neglect, financial
exploitation, or self-neglect of adults with disabilities
and older adults as set forth in the Adult Protective
Services 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.

HB5457 Enrolled - 39 - LRB103 38890 RTM 69027 b
(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.
(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.
(23) Gross and willful overcharging for professional
services including filing statements for collection of
fees or moneys 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) (Blank).
(b-5) The Department may refuse to issue or may suspend

HB5457 Enrolled - 40 - LRB103 38890 RTM 69027 b
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

HB5457 Enrolled - 41 - LRB103 38890 RTM 69027 b
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 that the licensee be allowed to resume
professional practice.
(c-1) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon the professional counselor or
clinical professional counselor authorizing, recommending,
aiding, assisting, referring for, or otherwise participating
in any health care service, so long as the care was not
unlawful under the laws of this State, regardless of whether
the patient was a resident of this State or another state.
(c-2) The Department shall not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if

HB5457 Enrolled - 42 - LRB103 38890 RTM 69027 b
that revocation, suspension, or other form of discipline was
based solely on the professional counselor or clinical
professional counselor violating another state's laws
prohibiting the provision of, authorization of, recommendation
of, aiding or assisting in, referring for, or participation in
any health care service if that health care service as
provided would not have been unlawful under the laws of this
State and is consistent with the standards of conduct for a
professional counselor or clinical professional counselor
practicing in Illinois.
(c-3) The conduct specified in subsection subsections
(c-1), and (c-2), (c-6), or (c-7) shall not constitute grounds
for suspension under Section 145.
(c-4) An applicant seeking licensure, certification, or
authorization pursuant to this Act who has been subject to
disciplinary action by a duly authorized professional
disciplinary agency of another jurisdiction solely on the
basis of having authorized, recommended, aided, assisted,
referred for, or otherwise participated in health care shall
not be denied such licensure, certification, or authorization,
unless the Department determines that such action would have
constituted professional misconduct in this State; however,
nothing in this Section shall be construed as prohibiting the
Department from evaluating the conduct of such applicant and
making a determination regarding the licensure, certification,
or authorization to practice a profession under this Act.

HB5457 Enrolled - 43 - LRB103 38890 RTM 69027 b
(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.
All substance-related violations shall mandate an
automatic substance abuse assessment. Failure to submit to an
assessment by a licensed physician who is certified as an
addictionist or an advanced practice registered nurse with
specialty certification in addictions may be grounds for an
automatic suspension.
If the Department finds an individual unable to practice

HB5457 Enrolled - 44 - LRB103 38890 RTM 69027 b
or unfit for duty because of the reasons set forth in this
subsection (c-5), the Department may require that individual
to submit to a substance abuse evaluation or treatment by
individuals or programs approved or designated by the
Department, as a condition, term, or restriction for
continued, restored, or renewed licensure to practice; or, in
lieu of evaluation or treatment, the Department may file, or
the Board may recommend to the Department to file, a complaint
to immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, restored, renewed, disciplined, or
supervised subject to such terms, conditions, or restrictions,
and who fails to comply with such terms, conditions, or
restrictions, shall be referred to the Secretary for a
determination as to whether the individual shall have his or
her license suspended immediately, pending a hearing by the
Department.
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

HB5457 Enrolled - 45 - LRB103 38890 RTM 69027 b
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.
(c-6) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or

HB5457 Enrolled - 46 - LRB103 38890 RTM 69027 b
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based solely upon an immigration violation by the
counselor.
(c-7) The Department may not revoke, suspend, summarily
suspend, place on prohibition, reprimand, refuse to issue or
renew, or take any other disciplinary or non-disciplinary
action against the license or permit issued under this Act to
practice as a professional counselor or clinical professional
counselor based upon the professional counselor's or clinical
professional counselor's license being revoked or suspended,
or the professional counselor or clinical professional
counselor being otherwise disciplined by any other state, if
that revocation, suspension, or other form of discipline was
based solely upon an immigration violation by the counselor.
(d) (Blank).
(e) The Department may adopt rules to implement the
changes made by this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.)
HB5457 Enrolled - 47 - LRB103 38890 RTM 69027 b
INDEX
Statutes amended in order of appearance