HB5353 EngrossedLRB103 38026 RTM 68158 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended by changing Sections 5-10 and 5-715 and by adding
6Section 5-717 as follows:
 
7    (20 ILCS 5/5-10)  (was 20 ILCS 5/2.1)
8    Sec. 5-10. "Director". As used in the Civil Administrative
9Code of Illinois, unless the context clearly indicates
10otherwise, the word "director" means the several directors of
11the departments of State government as designated in Section
125-20 of this Law and includes the Secretary of Financial and
13Professional Regulation, the Secretary of Innovation and
14Technology, the Secretary of Human Services, and the Secretary
15of Transportation.
16(Source: P.A. 100-611, eff. 7-20-18.)
 
17    (20 ILCS 5/5-715)
18    Sec. 5-715. Expedited licensure for service members and
19spouses.
20    (a) In this Section: ,
21    "Service service member" means any person who, at the time
22of application under this Section, is an active duty member of

 

 

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1the United States Armed Forces or any reserve component of the
2United States Armed Forces, the Coast Guard, or the National
3Guard of any state, commonwealth, or territory of the United
4States or the District of Columbia or whose active duty
5service concluded within the preceding 2 years before
6application.
7    "Spouse" means a party to a marriage, civil union, or
8registered domestic partnership.
9    (a-5) The Department of Financial and Professional
10Regulation shall within 180 days after January 1, 2020 (the
11effective date of Public Act 101-240) designate one staff
12member as the military liaison within the Department of
13Financial and Professional Regulation to ensure proper
14enactment of the requirements of this Section. The military
15liaison's responsibilities shall also include, but are not
16limited to: (1) the management of all expedited applications
17to ensure processing within 30 days after receipt of a
18completed application; (2) the management and oversight of all
19military portability licenses issued under Section 5-717; (3) ,
20including notification of federal assistance programs
21available to reimburse costs associated with applicable
22licensing fees and professional credentials for service
23members and their families pursuant to Section 556 of Public
24Law 115-91, or any related federal program; (4) (2)
25coordination with all military installation military and
26family support center directors within this State, including

 

 

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1virtual, phone, or in-person periodic meetings with each
2military installation military and family support center; and
3(5) (3) training by the military liaison to all directors of
4each division that issues an occupational or professional
5license to ensure proper application of this Section. At the
6end of each calendar year, the military liaison shall provide
7an annual report documenting the expedited licensure program
8for service members and spouses, and shall deliver that report
9to the Secretary of Financial and Professional Regulation and
10the Lieutenant Governor.
11    (b) Each director of a department that issues an
12occupational or professional license is authorized to and
13shall issue an expedited license to a service member who meets
14the requirements under this Section and Section 2105-135 of
15the Department of Professional Regulation Law of the Civil
16Administrative Code of Illinois or a spouse of a service
17member who meets those requirements. Review and determination
18of an application for a license issued by the department shall
19be expedited by the department within 30 days after the date on
20which the department receives all necessary documentation
21required for licensure, including any required information
22from State and federal agencies. An expedited license shall be
23issued by the department to a service member who meets any
24service members meeting the application requirements of this
25Section or a spouse of a service member who meets those
26requirements, regardless of whether the service member or the

 

 

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1service member's spouse currently resides in this State. The
2service member or the service member's spouse shall apply to
3the department on forms provided by the department. An
4application must include proof that:
5        (1) the applicant is a service member or the spouse of
6    a service member;
7        (2) the applicant holds a valid license in good
8    standing for the occupation or profession issued by
9    another state, commonwealth, possession, or territory of
10    the United States, the District of Columbia, or any
11    foreign jurisdiction;
12        (2.5) the applicant meets the requirements and
13    standards for licensure through endorsement, or
14    reciprocity, or portability for the occupation or
15    profession for which the applicant is applying;
16        (3) the applicant or the applicant's spouse is
17    assigned to a duty station in this State, has established
18    legal residence in this State, or will reside in this
19    State within 6 months after the date of application for
20    licensure;
21        (4) a complete set of the applicant's fingerprints has
22    been submitted to the Illinois State Police for statewide
23    and national criminal history checks, if applicable to the
24    requirements of the department issuing the license; the
25    applicant shall pay the fee to the Illinois State Police
26    or to the fingerprint vendor for electronic fingerprint

 

 

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1    processing; no temporary occupational or professional
2    license shall be issued to an applicant if the statewide
3    or national criminal history check discloses information
4    that would cause the denial of an application for
5    licensure under any applicable occupational or
6    professional licensing Act;
7        (5) the applicant is not ineligible for licensure
8    pursuant to Section 2105-165 of the Department of
9    Professional Regulation Law of the Civil Administrative
10    Code of Illinois;
11        (6) the applicant has submitted an application for
12    full licensure; and
13        (7) the applicant has paid the required fee; fees
14    shall not be refundable.
15    (c) (Blank). Each director of a department that issues an
16occupational or professional license is authorized to and
17shall issue an expedited license to the spouse of a service
18member who meets the requirements under this Section. Review
19and determination of an application for a license shall be
20expedited by the department within 30 days after the date on
21which the department receives all necessary documentation
22required for licensure, including information from State and
23federal agencies. An expedited license shall be issued by the
24department to any spouse of a service member meeting the
25application requirements of this Section, regardless of
26whether the spouse or the service member currently resides in

 

 

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1this State. The spouse of a service member shall apply to the
2department on forms provided by the department. An application
3must include proof that:
4        (1) the applicant is the spouse of a service member;
5        (2) the applicant holds a valid license in good
6    standing for the occupation or profession issued by
7    another state, commonwealth, possession, or territory of
8    the United States, the District of Columbia, or any
9    foreign jurisdiction;
10        (2.5) the applicant meets the requirements and
11    standards for licensure through endorsement or reciprocity
12    for the occupation or profession for which the applicant
13    is applying;
14        (3) the applicant's spouse is assigned to a duty
15    station in this State, has established legal residence in
16    this State, or will reside in this State within 6 months
17    after the date of application for licensure;
18        (4) a complete set of the applicant's fingerprints has
19    been submitted to the Illinois State Police for statewide
20    and national criminal history checks, if applicable to the
21    requirements of the department issuing the license; the
22    applicant shall pay the fee to the Illinois State Police
23    or to the fingerprint vendor for electronic fingerprint
24    processing; no temporary occupational or professional
25    license shall be issued to an applicant if the statewide
26    or national criminal history check discloses information

 

 

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1    that would cause the denial of an application for
2    licensure under any applicable occupational or
3    professional licensing Act;
4        (5) the applicant is not ineligible for licensure
5    pursuant to Section 2105-165 of the Civil Administrative
6    Code of Illinois;
7        (6) the applicant has submitted an application for
8    full licensure; and
9        (7) the applicant has paid the required fee; fees
10    shall not be refundable.
11    (c-5) If a service member or a service member's his or her
12spouse relocates from this State, then the service member or
13the service member's spouse he or she shall be provided an
14opportunity to place the service member's or the service
15member's spouse's his or her license in inactive status
16through coordination with the military liaison. If the service
17member or the service member's his or her spouse returns to
18this State, then the service member or the service member's
19spouse he or she may reactivate the license in accordance with
20the statutory provisions regulating the profession and any
21applicable administrative rules. The license reactivation
22shall be expedited and completed within 30 days after receipt
23of a completed application to reactivate the license. A
24license reactivation is only applicable when the valid license
25for which the first issuance of a license was predicated is
26still valid and in good standing. An application to reactivate

 

 

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1a license must include proof that the applicant still holds a
2valid license in good standing for the occupation or
3profession issued in another State, commonwealth, possession,
4or territory of the United States, the District of Columbia,
5or any foreign jurisdiction. The ability to reactivate a
6license does not apply to a military portability license
7issued under Section 5-717.
8    (d) All relevant experience of a service member or a
9service member's his or her spouse in the discharge of
10official duties, including full-time and part-time experience,
11shall be credited in the calculation of any years of practice
12in an occupation or profession as may be required under any
13applicable occupational or professional licensing Act. All
14relevant training provided by the military and completed by a
15service member shall be credited to that service member as
16meeting any training or education requirement under any
17applicable occupational or professional licensing Act,
18provided that the training or education is determined by the
19department to meet the requirements under any applicable Act
20and is not otherwise contrary to any other licensure
21requirement.
22    (e) A department may adopt any rules necessary for the
23implementation and administration of this Section and shall by
24rule provide for fees for the administration of this Section.
25(Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21;
26102-813, eff. 5-13-22; 103-408, eff. 7-28-23.)
 

 

 

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1    (20 ILCS 5/5-717 new)
2    Sec. 5-717. Military portability licensure for service
3members and service members' spouses.
4    (a) In this Section:
5    "Division" the Division of Professional Regulation of the
6Department of Financial and Professional Regulation or the
7Division of Real Estate of the Department of Financial and
8Professional Regulation.
9    "Service member" means any person who, at the time of
10application under this Section, is an active duty member of
11the United States Armed Forces or any reserve component of the
12United States Armed Forces, the Coast Guard, or the National
13Guard of any state, commonwealth, or territory of the United
14States or the District of Columbia.
15    "Spouse" means a party to a marriage, civil union, or
16registered domestic partnership.
17    (b) The Department of Financial and Professional
18Regulation is authorized to issue a professional portability
19license to (1) a service member who is an out-of-state
20licensee and is under official United States military orders
21to relocate to the State of Illinois or (2) an out-of-state
22licensee whose spouse is a service member under official
23United States military orders to relocate to the State of
24Illinois. The service member or the service member's spouse
25need not reside in this State at the time of application.

 

 

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1Notwithstanding any other law to the contrary, the portability
2license shall be issued by the Division only if the applicant
3fulfills all the requirements of this Section and Section
42105-135 of the Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois.
6    (c) The portability license shall be issued after a
7complete application is submitted to the Division that
8includes proof of the following:
9        (1) The applicant is a service member or the spouse of
10    a service member.
11        (2) The applicant or applicant's spouse is assigned to
12    a duty station in this State, has established legal
13    residence or will reside in this State pursuant to
14    military relocation orders after the date of application,
15    and can provide an official copy of those orders.
16        (3) The applicant's license is in good standing and is
17    not subject to a disciplinary order encumbering the
18    license in any other state, commonwealth, district, or
19    territory of the United States or any foreign jurisdiction
20    where the applicant holds a license and practices in the
21    same profession with the same or similar scope of practice
22    for which the applicant is applying, and the applicant can
23    submit official verification of good standing and
24    disciplinary history from each of those licensing
25    authorities. For health care professional applicants, the
26    Division's review of good standing is governed by this

 

 

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1    subsection, subsection (h), and all other applicable State
2    laws and rules.
3        (4) The applicant was actively licensed in the same
4    profession with the same or similar scope of practice for
5    which the applicant is applying for at least 2 years
6    immediately preceding the relocation.
7        (5) A complete set of the applicant's fingerprints has
8    been submitted to the Illinois State Police for statewide
9    and national criminal history checks, if applicable to the
10    requirements of the professional regulatory Act. The
11    applicant shall pay the fee to the Illinois State Police
12    or to the vendor for electronic fingerprint processing. No
13    license shall be issued to an applicant if any review of
14    criminal history or disclosure would cause the denial of
15    an application for licensure under the applicable
16    licensing Act.
17        (6) The applicant has submitted the application for
18    portability licensure and paid the required, nonrefundable
19    initial application fee for that profession under its
20    respective Act and rules.
21    (d) Service members or the spouses of service members
22granted portability licenses under this Section shall submit
23to the jurisdiction of the Division for purposes of the laws
24and rules administered, related standards of practice, and
25disciplinary authority. A license granted under this Section
26is subject to all statutes, rules, and regulations governing

 

 

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1the license. This includes compliance with renewal and
2continuing education requirements of the licensing act and
3rules adopted during the period of licensure.
4    (e) Notwithstanding any other law, if the Division finds
5that the applicant failed to meet the requirements of
6subsection (c) or provided inaccurate or misleading
7information on the application, the Division may suspend the
8license pending further investigation or notice to discipline
9the portability license.
10    (f)(1) The duration of the portability license is from
11issuance through the next renewal period for that regulated
12profession. At the time of the license's renewal, the service
13member or the service member's spouse may apply for another
14portability license if the military orders continue or are
15extended past the renewal date or if new orders are given for
16duty in this State. While the portability license is held, the
17service member or the service member's spouse may apply for
18full licensure by examination, endorsement, or reciprocity
19pursuant to the service member's or the service member's
20spouse's respective professional licensing Act or rules.
21    (2) Once a portability license has expired or is not
22renewed, the service member or the service member's spouse
23cannot continue practicing in this State until the service
24member or the service member's spouse obtains licensure by
25examination, endorsement, or reciprocity, which includes
26completion and passage of all pre-license education and

 

 

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1examination requirements under the applicable professional
2licensing Act and rules.
3    (g) An individual is ineligible to apply under this
4Section if:
5        (1) the individual is disqualified under Section
6    2105-165;
7        (2) the license the individual is seeking is subject
8    to an interstate compact; or
9        (3) the individual seeks a real estate appraiser
10    license.
11    (h) All service members and the spouses of service members
12who apply under this Section and Section 5-715 who are
13licensed in another jurisdiction as health care professionals,
14and who are seeking a health care professional license
15regulated by the Division and subject to the applicable
16licensing Acts shall not be denied an initial or renewal
17license:
18        (1) if the applicant has a prior, current, or pending
19    disciplinary action in another jurisdiction solely based
20    on providing, authorizing, recommending, aiding,
21    assisting, referring for, or otherwise participating in
22    health care services that are not unlawful in this State
23    and consistent with the standards of conduct in Illinois;
24        (2) if the applicant has a prior, current, or pending
25    disciplinary action in another jurisdiction solely based
26    on violating another jurisdiction or state's laws

 

 

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1    prohibiting the provision of, authorization of,
2    recommendation of, aiding or assisting in, referring for,
3    or participation in any health care service if that
4    service as provided is not unlawful under the laws of this
5    State and is consistent with the standards of conduct in
6    Illinois; or
7        (3) based solely upon the applicant providing,
8    authorizing, recommending, aiding, assisting, referring
9    for, or otherwise participating in health care services
10    that are not unlawful in this State and consistent with
11    the standards of conduct in Illinois.
12    Nothing in this subsection shall be construed as
13prohibiting the Division from evaluating the applicant's
14conduct and disciplinary history and making a determination
15regarding the licensure or authorization to practice.
16    (i) The Department of Financial and Professional
17Regulation may adopt rules necessary for the implementation
18and administration of this Section.
 
19    Section 10. The Clinical Social Work and Social Work
20Practice Act is amended by changing Section 8 as follows:
 
21    (225 ILCS 20/8)  (from Ch. 111, par. 6358)
22    (Section scheduled to be repealed on January 1, 2028)
23    Sec. 8. Examination.
24    (1) The Department shall authorize examinations of

 

 

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1applicants at such times and places as it may determine. Each
2examination shall be of a character to fairly test the
3competence and qualifications of the applicants to practice as
4a licensed clinical social worker.
5    (2) Applicants for examination shall pay, either to the
6Department or to the designated testing service, a fee
7covering the cost of determining the applicant's eligibility
8and of providing the examination. Failure to appear for the
9examination on the scheduled date at the time and place
10specified after the applicant's application for examination
11has been received and acknowledged by the Department or the
12designated testing service shall result in forfeiture of the
13examination fee.
14    (3) (Blank).
15    (4) The Department may employ consultants for the purpose
16of preparing and conducting examinations.
17    (5) (Blank). An applicant has one year from the date of
18notification of successful completion of the examination to
19apply to the Department for a license. If an applicant fails to
20apply within one year, the examination scores shall be void
21and the applicant shall be required to take and pass the
22examination again unless licensed in another jurisdiction of
23the United States within one year of passing the examination.
24    (6) (Blank).
25    (7) The Department shall, upon good faith application and
26the submission of any required documentation and fees, approve

 

 

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1all examination applications and notify the relevant testing
2authorities of the applicant's authorization to take the exam.
3Approval to take the examination is not approval of the
4application.
5(Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.)
 
6    Section 15. The Marriage and Family Therapy Licensing Act
7is amended by changing Section 35 as follows:
 
8    (225 ILCS 55/35)  (from Ch. 111, par. 8351-35)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 35. Examinations.
11    (a) The Department shall authorize examinations of
12applicants as licensed marriage and family therapists at such
13times and places as it may determine. The examination of
14applicants shall be of a character to give a fair test of the
15qualifications of the applicant to practice marriage and
16family therapy.
17    (b) Applicants for examination as marriage and family
18therapists shall be required to pay, either to the Department
19or the designated testing service, a fee covering the cost of
20providing the examination.
21    (c) The Department may employ consultants for the purpose
22of preparing and conducting examinations.
23    (d) The Department shall, upon good faith application and
24the submission of any required documentation and fees, approve

 

 

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1all examination applications and notify the relevant testing
2authorities of the applicant's authorization to take the exam.
3Approval to take the examination is not approval of the
4application.
5(Source: P.A. 87-783; 87-1237.)
 
6    Section 20. The Professional Counselor and Clinical
7Professional Counselor Licensing and Practice Act is amended
8by changing Section 40 as follows:
 
9    (225 ILCS 107/40)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 40. Examination; failure or refusal to take
12examination.
13    (a) The Department shall authorize examinations of
14applicants at such times and places as it may determine. The
15examinations shall be of a character to fairly test the
16competence and qualifications of the applicants to practice
17professional counseling or clinical professional counseling.
18    (b) Applicants for examination shall pay, either to the
19Department or to the designated testing service, a fee
20covering the cost of providing the examination. Failure to
21appear for the examination on the scheduled date at the time
22and place specified after the applicant's application for
23examination has been received and acknowledged by the
24Department or the designated testing service shall result in

 

 

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1forfeiture of the examination fee.
2    (c) If an applicant neglects, fails, or refuses to take an
3examination or fails to pass an examination for a license
4under this Act within 3 years after filing an application, the
5application will be denied. However, the applicant may
6thereafter submit a new application accompanied by the
7required fee. The applicant shall meet the requirements in
8force at the time of making the new application.
9    (d) The Department may employ consultants for the purpose
10of preparing and conducting examinations.
11    (e) The Department shall, upon good faith application and
12the submission of any required documentation and fees, approve
13all examination applications and notify the relevant testing
14authorities of the applicant's authorization to take the
15examination. Approval to take the examination is not approval
16of the application.
17(Source: P.A. 87-1011; 87-1269.)