HB5353 103RD GENERAL ASSEMBLY

LRB103 38026 RTM 68158 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5353

Introduced 2/9/2024, by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

See Index

Amends the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that an applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. Provides that a person who notifies the Department of Financial and Professional Regulation, in writing on forms prescribed by the Department, may place the person's license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice. Provides that the Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license. Provides that the Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for licensees are substantially equivalent to the requirements imposed on residents of this State. Makes conforming and other changes.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Clinical Social Work and Social Work Practice Act is amended by changing Sections 7, 8, and 11 and by adding Sections 9.2, 11.5, and 12.7 as follows:

(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(Section scheduled to be repealed on January 1, 2028)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, 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.

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.

Applicants who meet the prima facie requirements for licensure may be issued a temporary license to practice while their application is pending as provided in Section 9.2.

(Source: P.A. 100-414, eff. 8-25-17.)

(225 ILCS 20/8) (from Ch. 111, par. 6358)

(Section scheduled to be repealed on January 1, 2028)

Sec. 8. Examination.

(1) The Department shall authorize examinations of applicants at such times and places as it may determine. Each examination shall be of a character to fairly test the competence and qualifications of the applicants to practice as a licensed clinical social worker.

(2) Applicants for examination shall pay, either to the Department or to the designated testing service, a fee covering the cost of determining the applicant's eligibility and of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee.

(3) (Blank).

(4) The Department may employ consultants for the purpose of preparing and conducting examinations.

(5) (Blank). An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the examination scores shall be void and the applicant shall be required to take and pass the examination again unless licensed in another jurisdiction of the United States within one year of passing the examination.

(6) (Blank).

(7) The Department shall, upon good faith application and the submission of any required documentation and fees, automatically approve all examination applications and immediately notify the relevant testing authorities of the applicant's authorization to take the exam.

(Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.)

(225 ILCS 20/9.2 new)

Sec. 9.2. Pending licenses.

(a) An applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. These licenses shall be valid only until the pending licensee's application receives final adjudication by the Department.

(b) No person shall be eligible for a pending license if the person has committed an act that would be grounds for discipline under this Act. Nothing in this Section restricts the ability of the Department to determine an applicant's fitness to practice.

(c) The Department may suspend, revoke, cancel, or otherwise void any individual's pending license to practice if doing so would prevent a substantial likelihood of public harm or harm to the practice of social work as a whole.

(d) The Department shall adopt rules to implement and enforce this Section, including the establishment of eligibility criteria for pending licenses.

(225 ILCS 20/11) (from Ch. 111, par. 6361)

(Section scheduled to be repealed on January 1, 2028)

Sec. 11. 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. The licensee may renew a license during the 60-day period preceding its expiration date by paying the required fee and by demonstrating compliance with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements. The Department may, by rule, specify circumstances under which the continuing education requirements may be waived.

(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, as defined by rule, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of clinical social work or social work in another jurisdiction and by paying the required fee.

(b-5) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine the person's fitness to resume active status. The Department may also require the person to complete a specific period of evaluated clinical social work or social work experience and may require successful completion of an examination for clinical social workers. The Department may issue a pending license according to the requirements of Section 9.2 to any person who applies for licensure restoration under this subsection.

(b-7) Notwithstanding any other provision of this Act, any person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or 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 renewal fees if, within 2 years after the honorable termination of that service, training or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training or education has been so terminated.

(c) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) The Department shall indicate on each license the academic degree of the licensee.

(h) 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) and (b-5) are suspended for any licensed clinical social worker 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 fee or renewal fee. An individual may not restore his or her license in accordance with this subsection more than once.

(i) A person may request that his or her license be placed on inactive status by notifying the Department in writing on forms prescribed by the Department for that purpose. A person whose license is on inactive status shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.

(j) The Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license.

(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)

(225 ILCS 20/11.5 new)

Sec. 11.5. Spouses of military members.

(a) For the purposes of this Section, "military spouse" means the spouse of an active-duty member of the United States Armed Forces.

(b) Military spouses meeting the eligibility criteria under this Act shall be granted temporary licensure to practice as a social worker or clinical social worker, with all of the rights, responsibilities, and privileges afforded herein, while their expedited licensure applications are under review. Temporary licensure shall be valid for the duration of the military spouse's assignment in this State or until expedited licensure process is completed.

(225 ILCS 20/12.7 new)

Sec. 12.7. Resident endorsement schedule.

(a) The Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for social workers and clinical social workers are substantially equivalent to the requirements imposed on residents of this State. The Department shall consider at least the following components of a jurisdiction's licensure requirements when developing the resident endorsement schedule: education, supervised hours, completion of any required examinations, and fitness to practice.

(b) Any applicant who is a resident of this State and who holds a valid social work or clinical social work license from a state listed on the resident endorsement schedule shall be permitted to apply for licensure using a simplified application process on forms prescribed by the Department. The simplified application process shall involve reduced evidentiary requirements, minimizing redundancy in the collection of information already verified by the applicant's original licensing jurisdiction.

(c) If a jurisdiction listed on the resident endorsement schedule imposes more stringent requirements for one component of the professional licensing application process but is more permissive in other components, then the Department shall exercise discretion to waive any individual requirements that are more stringent in the other jurisdiction.

(d) The resident endorsement schedule shall be updated periodically, at least once per standard renewal cycle, to reflect changes in licensing requirements in other jurisdictions.

Section 10. The Marriage and Family Therapy Licensing Act is amended by changing Sections 30, 35, and 45 and by adding Sections 42 and 47 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.

(c) A license shall not be denied to an applicant because of the applicant's race, religion, creed, national origin, 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. Applicants who meet the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending as provided in Section 42.

(Source: P.A. 100-372, eff. 8-25-17.)

(225 ILCS 55/35) (from Ch. 111, par. 8351-35)

(Section scheduled to be repealed on January 1, 2027)

Sec. 35. Examinations.

(a) The Department shall authorize examinations of applicants as licensed marriage and family therapists at such times and places as it may determine. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice marriage and family therapy.

(b) Applicants for examination as marriage and family therapists shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination.

(c) The Department may employ consultants for the purpose of preparing and conducting examinations.

(d) The Department shall, upon good faith application and the submission of any required documentation and fees, automatically approve all examination applications and immediately notify the relevant testing authorities of the applicant's authorization to take the exam.

(Source: P.A. 87-783; 87-1237.)

(225 ILCS 55/42 new)

Sec. 42. Pending licenses.

(a) An applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. These licenses shall be valid only until the pending licensee's application receives final adjudication by the Department.

(b) No person shall be eligible for a pending license if the person has committed an act that would be grounds for discipline under this Act. Nothing in this Section restricts the ability of the Department to determine an applicant's fitness to practice.

(c) The Department may suspend, revoke, cancel, or otherwise void any individual's pending license to practice if doing so would prevent a substantial likelihood of public harm or harm to the practice of professional counseling as a whole.

(d) The Department shall adopt rules to implement and enforce this Section, including the establishment of eligibility criteria for pending licenses.

(225 ILCS 55/45) (from Ch. 111, par. 8351-45)

(Section scheduled to be repealed on January 1, 2027)

Sec. 45. Licenses; renewals; restoration; person in military service.

(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 required to complete continuing education under requirements set forth in rules of the Department.

(b) Any person who has permitted his or her license to expire may have his or her license restored by making application to the Department and filing proof acceptable to the Department of fitness to have his or her license restored, which may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, complying with any continuing education requirements, and paying the required restoration fee.

(c) If the person has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule, the person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of a practical examination. The Department may issue a pending license according to the requirements of Section 42 to any person who applies for licensure restoration under this subsection.

However, any person whose license expired while he or she has been engaged (i) in federal service on active duty with the Armed Forces of the United States or called into service or training with the State Militia, or (ii) in training or education under the supervision of the United States preliminary to induction into the military service may have his or her license renewed or restored without paying any lapsed renewal fees if, within 2 years after honorable termination of the service, training or education, except under condition other than honorable, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that the service, training, or education has been so terminated.

(d) Any person who notifies the Department, in writing on forms prescribed by the Department, may place his or her license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.

(e) Any person requesting his or her license be changed from inactive to active status shall be required to pay the current renewal fee and shall also demonstrate compliance with the continuing education requirements.

(f) Any marriage and family therapist or associate licensed marriage and family therapist whose license is nonrenewed or on inactive status shall not engage in the practice of marriage and family therapy in the State of Illinois and use the title or advertise that he or she performs the services of a "licensed marriage and family therapist" or an "associate licensed marriage and family therapist".

(g) Any person violating subsection (f) of this Section shall be considered to be practicing without a license and will be subject to the disciplinary provisions of this Act.

(h) (Blank).

(i) The Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license.

(Source: P.A. 100-372, eff. 8-25-17.)

(225 ILCS 55/47 new)

Sec. 47. Spouses of military members.

(a) For the purposes of this Section, "military spouse" means the spouse of an active-duty member of the United States Armed Forces.

(b) Military spouses meeting the eligibility criteria under this Act shall be granted temporary licensure to practice as a marriage and family therapist, with all of the rights, responsibilities, and privileges afforded herein, while their expedited licensure applications are under review. Temporary licensure shall be valid for the duration of the military spouse's assignment in this State or until expedited licensure process is completed.

Section 15. The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act is amended by changing Sections 35, 40, and 50 and by adding Sections 47, 52 and 72 as follows:

(225 ILCS 107/35)

(Section scheduled to be repealed on January 1, 2028)

Sec. 35. Application for original license. Applications for original licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required fee which is not refundable. All applications shall contain such information that, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for a license to practice as a licensed professional counselor or licensed clinical professional counselor. Applicants who meet the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending as provided in Section 47.

(Source: P.A. 87-1011.)

(225 ILCS 107/40)

(Section scheduled to be repealed on January 1, 2028)

Sec. 40. Examination; failure or refusal to take examination.

(a) The Department shall authorize examinations of applicants at such times and places as it may determine. The examinations shall be of a character to fairly test the competence and qualifications of the applicants to practice professional counseling or clinical professional counseling.

(b) Applicants for examination shall pay, either to the Department or to the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date at the time and place specified after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee.

(c) If an applicant neglects, fails, or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing an application, the application will be denied. However, the applicant may thereafter submit a new application accompanied by the required fee. The applicant shall meet the requirements in force at the time of making the new application.

(d) The Department may employ consultants for the purpose of preparing and conducting examinations.

(e) The Department shall, upon good faith application and the submission of any required documentation and fees, automatically approve all examination applications and immediately notify the relevant testing authorities of the applicant's authorization to take the exam.

(Source: P.A. 87-1011; 87-1269.)

(225 ILCS 107/47 new)

Sec. 47. Pending licenses.

(a) An applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. These licenses shall be valid only until the pending licensee's application receives final adjudication by the Department.

(b) No person shall be eligible for a pending license if the person has committed an act that would be grounds for discipline under this Act. Nothing in this Section restricts the ability of the Department to determine an applicant's fitness to practice.

(c) The Department may suspend, revoke, cancel, or otherwise void any individual's pending license to practice if doing so would prevent a substantial likelihood of public harm or harm to the practice of social work as a whole.

(d) The Department shall adopt rules to implement and enforce this Section, including the establishment of eligibility criteria for pending licenses.

(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 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. The Department may issue a pending license according to the requirements of Section 47 to any person who applies for licensure restoration under this subsection.

(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 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, 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.

(h) A person may request that his or her license be placed on inactive status by notifying the Department in writing on forms prescribed by the Department for that purpose. A person whose license is on inactive status shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice.

(i) The Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license.

(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; 103-154, eff. 6-30-23.)

(225 ILCS 107/52 new)

Sec. 52. Spouses of military members.

(a) For the purposes of this Section, "military spouse" means the spouse of an active-duty member of the United States Armed Forces.

(b) Military spouses meeting the eligibility criteria under this Act shall be granted temporary licensure to practice as a professional counselor or clinical professional counselor, with all of the rights, responsibilities, and privileges afforded herein, while their expedited licensure applications are under review. Temporary licensure shall be valid for the duration of the military spouse's assignment in this State or until expedited licensure process is completed.

(225 ILCS 107/72 new)

Sec. 72. Resident endorsement schedule.

(a) The Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for professional counselors and clinical professional counselors are substantially equivalent to the requirements imposed on residents of this State. The Department shall consider at least the following components of a jurisdiction's licensure requirements when developing the resident endorsement schedule: education, supervised hours, completion of any required examinations, and fitness to practice.

(b) Any applicant who is a resident of this State and who holds a valid professional counselor or clinical professional counselor license from a state listed on the resident endorsement schedule shall be permitted to apply for licensure using a simplified application process on forms prescribed by the Department. The simplified application process shall involve reduced evidentiary requirements, minimizing redundancy in the collection of information already verified by the applicant's original licensing jurisdiction.

(c) If a jurisdiction listed on the resident endorsement schedule imposes more stringent requirements for one component of the professional licensing application process but is more permissive in other components, then the Department shall exercise discretion to waive any individual requirements that are more stringent in the other jurisdiction.

(d) The resident endorsement schedule shall be updated periodically, at least once per standard renewal cycle, to reflect changes in licensing requirements in other jurisdictions.