ILCS » Chapter 225 · Act 107
Illinois Compiled Statutes

225 ILCS 107/75 (2026)

Privileged communications and exceptions

✓ current as of May 2026
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(225 ILCS 107/75)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 75. Privileged communications and exceptions.
    (a) No licensed professional counselor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor in a professional capacity, except that which may be voluntarily disclosed under the following circumstances:
        (1) In the course of formally reporting, conferring,
    
or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, in which instance all recipients of the information are similarly bound to regard the communication as privileged;
        (2) With the written consent of the person who
    
provided the information;
        (3) In the case of death or disability, with the
    
written consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health or physical condition;
        (4) When a communication reveals the intended
    
commission of a crime or harmful act and such disclosure is judged necessary by the licensed professional counselor or licensed clinical professional counselor to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety; or
        (5) When the person waives the privilege by bringing
    
any public charges against the licensee.
    (b) When the person is a minor under the laws of the State of Illinois and the information acquired by the licensed professional counselor or licensed clinical professional counselor indicates the minor was the victim or subject of a crime, the licensed professional counselor or licensed clinical professional counselor may be required to testify in any judicial proceedings in which the commission of that crime is the subject of inquiry when, after in camera review of the information that the licensed professional counselor or licensed clinical professional counselor acquired, the court determines that the interests of the minor in having the information held privileged are outweighed by the requirements of justice, the need to protect the public safety or the need to protect the minor, except as provided under the Abused and Neglected Child Reporting Act.
    (c) Any person having access to records or anyone who participates in providing professional counseling or clinical professional counseling services, or, in providing any human services, is supervised by a licensed professional counselor or licensed clinical professional counselor, is similarly bound to regard all information and communications as privileged in accord with this Section.
    (d) Nothing in this Act shall be construed to prohibit a licensed professional counselor or licensed clinical professional counselor from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect or other matters pertaining to children, except as provided under the Abused and Neglected Child Reporting Act and matters pertaining to adults with disabilities and older adults as set forth in the Adult Protective Services Act.
    (e) The Mental Health and Developmental Disabilities Confidentiality Act is incorporated herein as if all of its provisions were included in this Act. In the event of a conflict between the application of this Section and the Mental Health and Developmental Disabilities Confidentiality Act to a specific situation, the provisions of the Mental Health and Developmental Disabilities Confidentiality Act shall control.
    (f) Licensed professional counselors and licensed clinical professional counselors when performing professional counseling services or clinical professional counseling services shall comply with counselor licensure rules and laws contained in this Section and Section 80 of this Act regardless of their employment or work setting.
(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1996–2025 · leading case: Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996).
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Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). · cites it 2× “225 ILCS 107/75(e) (West 1994) (incorporating provisions of the Confidentiality Act into the Professional Counselor and Clinical Professional Counselor Licensing Act).”
Brunton v. Kruger, 2015 IL 117663 (Ill. 2015). “See Marriage and Family Therapy Licensing Act (225 ILCS 55/70(a) (West 2012)); Professional Counselor and Clinical Professional Counselor Licensing and Practice Act (225 ILCS 107/75(a) (West 2012)); Genetic Counselor Licensing Act (225 ILCS 135/90(a) (West 2012)).”
In Re Med. Malpractice Cases Pending, 787 N.E.2d 237 (Ill. App. Ct. 2003). · cites it 2× “ed except as provided *246 in that act (740 ILCS 110/3(a) (West 2000)); 2) section 75 of the PCCPCLA, which provides that no licensed professional counselor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor…”
Szfranski v. Azaran, 337 Ill. App. 3d 1016 (Ill. App. Ct. 2003). · cites it 2× “sclosed except as provided in that act (740 ILCS 110/3(a) (West 2000)); 2) section 75 of the PCCPCLA, which provides that no licensed professional counselor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor…”
In re Med. Malpractice Cases Pending in the Law Div. (Ill. App. Ct. 2003). · cites it 2× “sclosed except as provided in that act (740 ILCS 110/3(a) (West 2000)); 2) section 75 of the PCCPCLA, which provides that no licensed professional counselor or licensed clinical professional counselor shall disclose any information acquired from persons consulting the counselor…”
People v. Moylan, 2025 IL App (3d) 230248-U (Ill. App. Ct. 2025). “Privacy Interests Under State and Federal Law ¶ 50 Defendant alternatively argues that the evidence should have been suppressed because the search warrants violated his patients’ privacy rights under several state and federal statutes, including: (1) the Professional Counselor…”
— 225 ILCS 107/75(a) — 1 case
Brunton v. Kruger, 2015 IL 117663 (Ill. 2015). “See Marriage and Family Therapy Licensing Act (225 ILCS 55/70(a) (West 2012)); Professional Counselor and Clinical Professional Counselor Licensing and Practice Act (225 ILCS 107/75(a) (West 2012)); Genetic Counselor Licensing Act (225 ILCS 135/90(a) (West 2012)).”
— 225 ILCS 107/75(e) — 1 case
Suarez v. Pierard, 663 N.E.2d 1039 (Ill. App. Ct. 1996). “225 ILCS 107/75(e) (West 1994) (incorporating provisions of the Confidentiality Act into the Professional Counselor and Clinical Professional Counselor Licensing Act).”
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