SB2682 104TH GENERAL ASSEMBLY

LRB104 14380 RLC 27516 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2682

Introduced 10/14/2025, by Sen. Darby A. Hills

SYNOPSIS AS INTRODUCED:

See Index

Amends the Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act. Changes the long title of the Act. Changes the short title of the Act to the Therapist Abuse Prevention and Accountability Act. Provides that a cause of action against a therapist or unlicensed health professional for abuse exists for a client or former client for injury caused by the abuse by the therapist or unlicensed health professional, if the abuse occurred: (1) during the period the client was receiving therapy from the therapist or health services from the unlicensed health professional or (2) within 2 years after the period the client received therapy from the therapist or health services from the unlicensed health professional. Provides that the consent of the client or former client is not a defense to a cause of action under this provision. Provides that a person is deemed incapable of consent when he or she is a person who is in a therapeutic relationship or has been in a therapeutic relationship within the previous 2 years with the therapist. Provides that a therapist must report any observed or suspected therapist abuse to the Department of Financial and Professional Regulation and to a local law enforcement agency. Provides that failure to report the abuse is subject to the criminal penalties provided in the Criminal Code of 2012 and disciplinary action by the Department of Financial and Professional Regulation. Makes other changes. Defines terms. Amends the Criminal Code of 2012 to make conforming changes.

A BILL FOR

AN ACT concerning therapist abuse.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 11-9.6 as follows:

(720 ILCS 5/11-9.6 new)

Sec. 11-9.6. Therapist abuse.

(a) In this Section:

"Abuse", "client", and "therapist" have the meanings ascribed to those terms in the Therapist Abuse Prevention and Accountability Act.

"Vulnerable adult" means a person who is at least 18 years of age and: (1) is suffering from a developmental or intellectual disability or related disability; (2) has substance use disorder; or (3) is suffering from Alzheimer's disease or other forms of dementia.

(b) A person commits therapist abuse when he or she is a therapist and engages in abuse of a client or former client in which the therapy terminated within the previous 2 years.

(c) The consent of the client or former client shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent when he or she is a client or former client of the therapist.

(d) This Section does not apply to any therapist who is lawfully married to the client or former client if the marriage occurred before the date of the therapy.

(e) Therapists must report any observed or suspected therapist abuse to the Department of Financial and Professional Regulation and to a local law enforcement agency.

(f) Sentence. Therapist abuse is a Class 3 felony. If the victim of the offense is under 18 years of age or is a vulnerable adult, the penalty is a Class 2 felony. Any therapist convicted of violating this Section immediately shall forfeit his or her professional license as a therapist to the Department of Financial and Professional Regulation and that license shall be revoked. The person convicted shall be permanently barred from practicing therapy within this State. A therapist who fails to report another therapist's abuse known to the therapist is guilty of a Class A misdemeanor and shall be fined not to exceed $5,000.

Section 10. The Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act is amended by changing the title of the Act and Sections 0.01, 1, 2, 3, 4, 5, 6, and 7 and by adding Sections 6.1, 6.2, 6.3, and 6.4 as follows:

(740 ILCS 140/Act title)

An Act concerning therapist abuse prevention and accountability sexual exploitation by psychotherapists, unlicensed health professionals, or unlicensed mental health professionals.

(740 ILCS 140/0.01) (from Ch. 70, par. 800)

Sec. 0.01. Short title. This Act may be cited as the Therapist Abuse Prevention and Accountability Sexual Exploitation in Psychotherapy, Professional Health Services, and Professional Mental Health Services Act.

(Source: P.A. 90-538, eff. 12-1-97.)

(740 ILCS 140/1)

Sec. 1. Definitions. In this Act:

"Abuse" means any form of sexual contact, exploitation, or physical harm perpetrated by a therapist against a client during or within 2 years after the therapeutic relationship.

"Client" means any individual receiving therapeutic services from a therapist.

(a) "Emotionally dependent" means that the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist, unlicensed health professional, or unlicensed mental health professional are such that the psychotherapist, unlicensed health professional, or unlicensed mental health professional knows or has reason to believe that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist, unlicensed health professional, or unlicensed mental health professional.

"Exploitation" means using the therapist's professional relationship with the client or former client for personal, financial, or sexual gain, including a dual relationship that impairs the judgment of the therapist or create conflicts of interest.

(b) "Former client patient" means a person who was given therapy psychotherapy within 2 years 1 year prior to the abuse by sexual contact with the therapist psychotherapist or who obtained a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional within 2 years one year prior to the abuse by sexual contact with the unlicensed health professional or unlicensed mental health professional.

(c) "Patient" means a person who seeks or obtains psychotherapy or who obtains a professional consultation or diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional.

(d) "Psychotherapist" means a physician, psychologist, nurse, chemical dependency counselor, social worker, or other person, whether or not licensed by the State, who performs or purports to perform psychotherapy.

(e) "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition. "Psychotherapy" does not include counseling of a spiritual or religious nature, social work, or casual advice given by a friend or family member.

(f) "Sexual contact" means any of the following, whether or not occurring with the consent of a client patient or former client patient:

(1) sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the client patient's or former client's patient's body by any part of the therapist's or psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's body or by any object used by the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional for that purpose, or any intrusion, however slight, into the genital or anal openings of the therapist's or psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's body by any part of the client's patient's or former client's patient's body or by any object used by the client patient or former client patient for that purpose, if agreed to by the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional;

(2) kissing or intentional touching by the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional of the client's patient's or former client's patient's genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts;

(3) kissing or intentional touching by the client patient or former client patient of the therapist's or psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts if the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional agrees to the kissing or intentional touching.

"Sexual contact" includes a request by the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional for conduct described in paragraphs (1) through (3).

"Sexual contact" does not include conduct described in paragraph (1) or (2) that is a part of standard medical treatment of a client patient, casual social contact not intended to be sexual in character, or inadvertent touching.

"Therapist" means any licensed mental health professional, including, but not limited to, a psychiatrist, physician, clinical psychologist, clinical social worker, marriage and family therapist, or nurse providing mental health or developmental disabilities services or any other person not prohibited by law from providing such services or from holding himself or herself out as a therapist if the recipient reasonably believes that such person is permitted to do so. Therapist includes any successor of the therapist.

(g) "Therapeutic deception" means a representation by a psychotherapist, unlicensed health professional, or unlicensed mental health professional that sexual contact with the psychotherapist, unlicensed health professional, or unlicensed mental health professional is consistent with or part of the patient's or former patient's treatment.

(h) "Unlicensed health professional" means a person who is not licensed or registered to provide health services, including mental health services, by the Department of Financial and Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing health services or whose license or registration to provide health services has been returned or revoked by the Department or that board.

(i) "Unlicensed mental health professional" means a person who is not licensed or registered to provide mental health services by the Department of Professional Regulation or a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing mental health services or whose license or registration to provide mental health services has been returned or revoked by the Department or that board.

(Source: P.A. 90-538, eff. 12-1-97.)

(740 ILCS 140/2) (from Ch. 70, par. 802)

Sec. 2. Cause of action for abuse; duty to report abuse sexual exploitation.

(a) A cause of action against a therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional for abuse sexual exploitation exists for a client patient or former client patient for injury caused by abuse by sexual contact with the therapist or psychotherapist, unlicensed health professional , or unlicensed mental health professional, if the abuse sexual contact occurred:

(1) during the period the client patient was receiving therapy psychotherapy from the therapist psychotherapist, or health services from the unlicensed health professional, or mental health services from the unlicensed mental health professional; or

(2) within 2 years after the period the client patient received therapy psychotherapy from the therapist psychotherapist, or health services from the unlicensed health professional, or mental health services from the unlicensed mental health professional if (i) the former patient was emotionally dependent on the psychotherapist, unlicensed health professional, or unlicensed mental health professional or (ii) the sexual contact occurred by means of therapeutic deception.

(a-1) The consent of the client or former client is not a defense to a cause of action under this Section. A person is deemed incapable of consent when he or she is a person who is in a therapeutic relationship or has been in a therapeutic relationship within the previous 2 years with the therapist.

(a-2) A therapist must report any observed or suspected therapist abuse as described in subsection (a) to the Department of Financial and Professional Regulation and to a local law enforcement agency. Failure to report the abuse is subject to the criminal penalties provided in Section 11-9.6 of the Criminal Code of 2012 and disciplinary action by the Department of Financial and Professional Regulation.

(b) The client patient or former client patient may recover damages from a therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional who is found liable for abuse sexual exploitation. It is not a defense to the action that the abuse of sexual contact with a client or former client patient occurred outside a therapy or treatment session or that it occurred off the premises regularly used by the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional for therapy or treatment sessions.

(c) Whenever the Attorney General has probable cause to believe (i) that a therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional is having or has abused had sexual contact with one or more patients or clients or former patients or former clients while the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional was licensed or unlicensed and (ii) that the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional poses a threat to the health, safety, or welfare of members of the public who are or may be patients or clients of the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional, the Attorney General may bring an action in the name of the State against the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional to restrain by temporary restraining order or preliminary or permanent injunction the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional from providing, offering to provide, or representing himself or herself as being able to provide therapy or psychotherapy, health services, or mental health services.

At least 5 days prior to the commencement of any action brought under this Section, except when a temporary restraining order is sought, the Attorney General shall notify the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional of the Attorney General's intended action and shall give the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional an opportunity to confer with the Attorney General or his or her representative in person or by counsel or other representative as to the proposed action.

The notice shall be given by first-class mail, postage prepaid, to the therapist's or psychotherapist's, unlicensed health professional's, or unlicensed mental health professional's usual place of business or, if that person has no usual place of business, to that person's last known address.

(d) The action may be brought either in the circuit court of the county in which the conduct complained of occurred or in the circuit court of the county in which the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional resides or has his or her principal place of business.

The court may issue temporary restraining orders or preliminary or permanent injunctions and make other orders or judgments it deems appropriate.

(e) No injunction shall be issued under this Section unless the court finds that the defendant has had an opportunity for an evidentiary hearing as to all contested material issues of fact. Issues decided in a prior evidentiary hearing in a court or in an administrative proceeding may be applied to a proceeding under this Section in compliance with the Code of Civil Procedure.

If the court issues an injunction against a therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional under this Section, the court shall retain jurisdiction of the matter and the cause shall be continued. Any therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional who is ordered to refrain from certain conduct or activities in an action brought under this Section may petition the court for a modification or termination of the injunction upon 10 days notice to the Attorney General.

(f) Any State's Attorney or other law enforcement office receiving notice of any alleged violation of this Section or violation of an injunction or order issued in an action brought under this Section shall immediately forward written notice of the alleged violation together with any information that the State's Attorney or other law enforcement office may have to the office of the Attorney General.

(g) In an action brought under this Section, whenever the court issues a temporary restraining order or a preliminary or permanent injunction ordering a defendant to refrain from certain conduct or activities, the order shall contain the following statement:

VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.

The clerk shall transmit 2 certified copies of each such order issued under this Section to each appropriate law enforcement agency having jurisdiction over locations where the defendant is alleged to have committed the act giving rise to the action, and the law enforcement agency shall serve one copy of the order on the defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant.

After any such order has been served on the defendant, any violation of the order by the defendant is a Class 4 felony punishable by a fine of not more than $25,000.

Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of an order entered under this Section are informed of the existence and terms of the order. Whenever any law enforcement officer has probable cause to believe that a defendant has violated the provisions of this Section, the officer has the authority to arrest the defendant.

Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under this Section, the clerk shall promptly notify in writing each appropriate law enforcement agency that has been notified of the issuance of the order and shall direct each such agency to destroy all records of the vacated order. The law enforcement agency shall comply with that directive.

(h) Nothing contained in this Section shall prohibit the Attorney General in his or her discretion from bringing an action for civil contempt against the defendant rather than bringing criminal charges for an alleged violation of an order issued under this Section as provided in subsection (g). If the court finds that a therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional is in civil contempt by reason of an alleged violation of an injunction or the order entered under this Section, the court shall assess a civil penalty of not more than $10,000 for each such violation found.

(Source: P.A. 90-538, eff. 12-1-97.)

(740 ILCS 140/3) (from Ch. 70, par. 803)

Sec. 3. Liability of employer. An employer of a therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional may be liable under Section 2 if the employer fails or refuses to take reasonable action when the employer knows or has reason to know that the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional engaged in sexual contact with has abused the plaintiff or any other client patient or former client patient of the therapist or psychotherapist, unlicensed health professional, or unlicensed mental health professional.

(Source: P.A. 90-538, eff. 12-1-97.)

(740 ILCS 140/4) (from Ch. 70, par. 804)

Sec. 4. Scope of discovery; waiver of confidentiality. (a) In an action for abuse sexual exploitation, evidence of the plaintiff's sexual history is not subject to discovery except when the plaintiff claims damage to sexual functioning; or

(1) the defendant requests a hearing prior to conducting discovery and makes an offer of proof of the relevancy of the history; and

(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.

(b) The court shall allow the discovery only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is subject to discovery.

(c) A victim of abuse may waive confidentiality of therapist sessions for the purpose of filing a complaint under this Act. A person who files a complaint under this Act or seeks to pursue a cause of action under this Act shall not be retaliated against for filing such complaint or seeking a cause of action under this Act.

(Source: P.A. 85-1254.)

(740 ILCS 140/5) (from Ch. 70, par. 805)

Sec. 5. Admission of evidence. (a) In an action for abuse sexual exploitation, evidence of the plaintiff's sexual history is not admissible except when:

(1) the defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and

(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.

(b) The court shall allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced.

(c) Violation of the terms of the order may be grounds for a new trial.

(Source: P.A. 85-1254.)

(740 ILCS 140/6) (from Ch. 70, par. 806)

Sec. 6. Limitation period. An action for abuse sexual exploitation shall be commenced within 5 2 years after the discovery of the abuse or, if the victim of the abuse was a minor at the time of the discovery of the abuse, within 2 years after the minor attains 18 years of age, whichever is later cause of action arises.

(Source: P.A. 85-1254.)

(740 ILCS 140/6.1 new)

Sec. 6.1. Ethics training. All licensed therapists must complete annual training on professional ethics and abuse prevention as provided by the Department of Financial and Professional Regulation.

(740 ILCS 140/6.2 new)

Sec. 6.2. Suspension and revocation of therapist license; limited practice. The Department of Financial and Professional Regulation may temporarily suspend the license of a therapist if credible allegations of abuse are made against the therapist pending an investigation of the alleged abuse. The Department of Financial and Professional Regulation may require a therapist under investigation for abuse to practice therapy under the supervision of another licensed therapist of his or her license classification during all client interactions.

(740 ILCS 140/6.3 new)

Sec. 6.3. Public awareness campaign. The Department of Human Services shall conduct public awareness campaigns about client rights under this Act and how to report therapist abuse.

(740 ILCS 140/6.4 new)

Sec. 6.4. Counseling and legal assistance. The Department of Human Services shall provide counseling to victims of therapist abuse. The Attorney General shall provide legal assistance to victims of therapist abuse.

(740 ILCS 140/7) (from Ch. 70, par. 807)

Sec. 7. Application. This Act applies only to causes of action arising on or after its effective date and applies to all licensed therapists practicing in this State. This Act, except Sections 6.1 and 6.2, apply to unlicensed health professionals subject to this Act.

(Source: P.A. 85-1254.)