Counselors, Psychological Assessments, And Illinois Law: Who's At Risk?

In Illinois, the Professional Counselor and Clinical Professional Counselor Licensing Act was signed into law in 1992. This law outlines the scope of practice for licensed professional counselors and clinical professional counselors, including the authority to conduct assessments and diagnose patients. However, it is not clear whether counselors are permitted to perform psychological assessments without breaking the law. The law states that counselors must practice under the order, control, and full professional responsibility of a licensed clinical professional counselor, licensed clinical social worker, licensed clinical psychologist, or psychiatrist. Therefore, it is important to consult with a legal professional to understand the specific regulations and any potential legal implications for counselors conducting psychological assessments in Illinois.

Illinois law on the qualifications and licensing of counselors

The Illinois Department of Financial and Professional Regulation (IDFPR) is responsible for issuing licenses to professional counselors in the state. The Professional Counselor and Clinical Professional Counselor Licensing Act was signed into law in 1992.

To become a professional counselor in Illinois, you must fulfill various education and work experience requirements and then become licensed in your chosen area. The main counseling license in Illinois is the Licensed Clinical Professional Counselor (LCPC) qualification. The two main levels of counseling licensure in Illinois are the Licensed Professional Counselor (LPC) and the LCPC, both issued by the IDFPR.

To become an LPC, applicants must apply and pass one of the required exams: the National Counselor Examination (NCE) or the Certified Rehabilitation Counselor Examination (CRCE). To become an LCPC, applicants must accrue supervised experience, apply for LCPC licensure and permission to test, and pass the National Clinical Mental Health Counselor Examination (NCMHCE).

To qualify for licensure as a professional counselor, applicants must:

• Apply in writing and pay the required fee
• Be at least 21 years old
• Hold a master's or doctoral degree in counseling, rehabilitation counseling, psychology, or a similar program approved by the Department
• Pass an examination for the practice of professional counseling
• Pay the required fees

To qualify for licensure as a clinical professional counselor, applicants must:

• Apply in writing and pay the required fee
• Be at least 21 years old
• Hold a master's or doctoral degree in counseling, rehabilitation counseling, psychology, or a similar program approved by the Department, and complete the equivalent of two years of full-time supervised employment or experience working as a clinical counselor under the direction of a qualified supervisor
• Pass the examination for the practice of clinical professional counseling
• Pay the required fees

The role of the court in ordering psychological assessments

In Illinois, the court can order psychological assessments for individuals involved in the legal system. The court may order someone to participate in these services to obtain a professional opinion to assist the court in its decision-making.

In child custody cases, the court may order a mental health evaluation if it believes that there may be an issue with the mental and/or psychological state of the parents. The court may also order an evaluation if one parent believes that the other parent has serious mental and/or psychological issues that would pose a threat to the children.

In Illinois, the court has the discretion to order psychological testing under Illinois Supreme Court Rule 215. The court usually has to have a significant question about the mental health of one or both parties. However, there are cases where this is necessary in the eyes of the family court judge when the allegations or behavior of the parties are serious enough.

The court will refer cases in which the psychological health of one or both of the individuals is called into question to a psychological evaluator. A psychological evaluator is viewed as an objective third party whose job it is to determine the mental health of both parties and make appropriate recommendations to the court.

The types of psychological tests used in child custody cases

In Illinois, a court can order a psychological evaluation if it believes there may be an issue with a parent's mental health. One parent can also request an evaluation of the other parent if they believe that the other parent's mental health poses a threat to their children.

There are many different types of psychological tests used in child custody cases. The most common are:

• Achievement tests
• Neuropsychological tests
• The Parent Child Relationship Inventory (PCRI)
• Parenting Stress Index (PSI)
• Children’s Reports of Parental Behavior (CRPB)

The PCRI assesses the parent’s attitudes toward parenting, including parental support, limit setting, involvement, and communication. The PSI measures stressful factors in the parent’s life, such as depression, sense of competence, and level of attachment to the child. The PSI appears to be a good predictor of which parent feels stressed by their child. The CRPB assesses a child’s perception of the role their parents play in their lives.

Other tests used in child custody evaluations include:

• Minnesota Multiphasic Personality Inventory ("MMPI-2")
• Rorschach Inkblot Test
• The Millon Clinical MultiAxial Inventory (MCMMI-3)
• The Thematic Apperception Test (TAT)
• Bricklin Perceptual Scales (BPS)
• Ackerman-Schoedorf Scales for Parent Evaluation of Custody (ASPECT)

The cost of psychological testing

For example, in Illinois, the person who requests a mental health evaluation in child custody cases is responsible for paying the examiner's fee, as well as compensation for any loss of earnings incurred by the person being examined. If the evaluation is court-ordered, both parents share the cost.

Psychological testing can be critical for determining the best course of treatment or helping clients access additional services they need. It can be used to diagnose conditions and guide treatment, similar to how a doctor might order X-rays or blood tests to understand medical symptoms.

The length of time required for psychological testing also varies. Some assessments can be completed in 60-90 minutes, while others can take between 3-5 hours and involve multiple interviews and tests.

The legal implications of performing unlicensed psychological assessments

According to the Act, it is illegal to practice, offer to practice, or hold oneself out as a clinical professional counselor or professional counselor without a valid license. Violation of these provisions may result in civil penalties of up to $10,000 for each offense. Additionally, unlicensed practice may be considered a Class A misdemeanor for the first offense and a Class 4 felony for subsequent offenses.

The Act also outlines specific restrictions for licensed professional counselors, who are not permitted to engage in the independent practice of clinical professional counseling without a clinical professional counselor license. They must practice under the order, control, and full professional responsibility of a licensed clinical professional counselor, licensed clinical social worker, licensed clinical psychologist, or psychiatrist.

Furthermore, the Act establishes a Professional Counselor Licensing and Disciplinary Board, which advises the Secretary of Financial and Professional Regulation and makes recommendations on matters related to approving graduate programs, continuing education, and professional performance and conduct.

It is important to note that the Act provides exemptions for certain individuals, such as students, interns, and residents who are fulfilling educational or professional experience requirements, as well as individuals practicing under the supervision of a licensed health care professional.

In summary, the legal implications of performing unlicensed psychological assessments in Illinois can include civil penalties, fines, and criminal charges, depending on the specific circumstances and the nature of the offense. It is crucial for individuals to be duly licensed and adhere to the regulations outlined in the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act to avoid legal consequences.

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