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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


New Laws in 2022	List of new legislation
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.	HB4664 Public Act 102-1117
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 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	Parental Notification of abortion repealed in Illinois, The 1995 parental notification law didn’t go into effect until 2013 after years of litigation.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	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 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	Rule		2/18/22
Sexual Harrassment Prevention	Sexual Harassment Prevention Training Required	Public Act 101-0221 Rules IDFPR Statement	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 date from 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	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	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