Full Text of SB3617 102nd General Assembly
SB3617enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning mental health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Article 1. | 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Ensuring a More Qualified, Competent, and Diverse Community | 7 | | Behavioral Health Workforce Act. References in this Article to | 8 | | "this Act" mean this Article. | 9 | | Section 1-5. Findings. The General Assembly Finds that: | 10 | | (1) The behavioral health workforce shortage, already | 11 | | at dire levels before 2020, has been exacerbated by the | 12 | | COVID-19 pandemic and is at a crisis point. | 13 | | (2) Behavioral health workforce shortages, | 14 | | particularly licensed clinical staff, staff turnover in | 15 | | all positions, and workforce development are major | 16 | | concerns in the behavioral health field. | 17 | | (3) By 2026, unfilled mental healthcare jobs in | 18 | | Illinois are expected to reach 8,353, according to | 19 | | Mercer's 2021 External Healthcare Labor Market Analysis. | 20 | | (4) Community based mental health agencies often serve | 21 | | as training or supervision sites for interns and new | 22 | | entrants to the workforce seeking supervision hours to |
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| 1 | | meet licensure requirements. These professionals are | 2 | | mandated to complete up to 3000 hours of supervised | 3 | | clinical experience. This places financial and | 4 | | time-resource hardships on these already lean | 5 | | organizations to provide the supervision. | 6 | | (5) Many new mental health clinicians have to pay an | 7 | | estimated $10,000-$30,000 in fees for supervision | 8 | | according to Motivo. The amount is unaffordable for many | 9 | | students, particularly lower-income students, who graduate | 10 | | with tens of thousands of dollars in debt. | 11 | | (6) Community mental health agencies frequently serve | 12 | | the most complex and chronically ill behavioral health | 13 | | clients, which can be a challenging population for new | 14 | | entrants to the workforce. Many times, professionals leave | 15 | | for better-paid opportunities with lower acuity patients | 16 | | after completing their facility-sponsored supervision | 17 | | requirements. | 18 | | (7) The lack of compensation for serving as a training | 19 | | or supervision site and staff turnover adversely impact | 20 | | the ability of agencies to better prepare the workforce | 21 | | and meet the needs of their behavioral health clients. | 22 | | (8) Recognizing and providing financial support for | 23 | | this function will help community-based agencies provide | 24 | | more training or supervision opportunities and may also | 25 | | assist with recruiting and retaining professionals at | 26 | | these sites. |
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| 1 | | (9) Providing financial support for this role would | 2 | | help to address reductions in standard clinical | 3 | | productivity as a result of time spent supervising new | 4 | | workers, enabling better absorption of the costs of high | 5 | | turnover, or allowing for these settings to staff | 6 | | appropriately to support training or supervision. | 7 | | (10) For individuals seeking their licensure, | 8 | | roadblocks to supervision include cost-prohibitive fees, | 9 | | difficulty finding supervisors, and an even greater | 10 | | supervisor shortage in rural areas. | 11 | | (11) Beyond fulfilling the required hours to get | 12 | | licensed, clinical supervision has a profound impact on | 13 | | the trajectory of an individual's career and the lives of | 14 | | their clients. Ultimately, effective clinical supervision | 15 | | helps ensure that clients are competently served. | 16 | | (12) At a time when behavioral health providers report | 17 | | crisis level wait lists that force individuals seeking | 18 | | care to wait for months before they receive care, now more | 19 | | than ever, we need immediate solutions to help strengthen | 20 | | our State's behavioral health workforce. | 21 | | Section 1-10. Grant awards. To develop and enhance | 22 | | professional development opportunities and diversity in the | 23 | | behavioral health field, and increase access to quality care, | 24 | | the Department of Human Services, Division of Mental Health, | 25 | | shall award grants or contracts to community mental health |
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| 1 | | centers or behavioral health clinics licensed or certified by | 2 | | the Department of Human Services or the Department of | 3 | | Healthcare and Family Services to establish or enhance | 4 | | training and supervision of interns and behavioral health | 5 | | providers-in-training pursuing licensure as a licensed | 6 | | clinical social worker, licensed clinical professional | 7 | | counselor, and licensed marriage and family therapist. | 8 | | Section 1-15. Use of funds. An eligible entity receiving a | 9 | | grant or contract under this Act shall use funds received | 10 | | through the grant or contract to establish new, or enhance | 11 | | existing, training, and supervision of interns and behavioral | 12 | | health providers-in-training pursuing licensure as a licensed | 13 | | clinical social worker, licensed clinical professional | 14 | | counselor, and licensed marriage and family therapist. | 15 | | Section 1-20. Priority. In awarding grants and contracts | 16 | | under this Act, the Department of Human Services, Division of | 17 | | Mental Health, shall give priority to eligible entities in | 18 | | underserved urban areas and rural areas of the State. | 19 | | Section 1-25. Grant terms. A grant or contract awarded | 20 | | under this Act shall be for a period of 3 years. Nothing in the | 21 | | Act precludes grantees to reapply for additional rounds of | 22 | | funding. |
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| 1 | | Section 1-30. Application submission. An entity seeking a | 2 | | grant or contract under this Act shall submit an application | 3 | | at such time, in such manner, and accompanied by such | 4 | | information as the Department of Human Services, Division of | 5 | | Mental Health, may require. Requirements by the Department of | 6 | | Human Services, Division of Mental Health shall be done in a | 7 | | way that ensures minimum additional administrative work. | 8 | | Section 1-35. Reporting. Reporting requirements for the | 9 | | grant agreement shall be set forth by the Department of Human | 10 | | Services, Division of Mental Health. | 11 | | Section 1-40. Funding. Funding for the grants or contracts | 12 | | is subject to appropriation. | 13 | | Article 3. | 14 | | Section 3-1. Short title. This Article may be cited as the | 15 | | Recovery and Mental Health Tax Credit Act. References in this | 16 | | Article to "this Act" mean this Article. | 17 | | Section 3-5. Findings. | 18 | | (a) In the interest of reducing stigma and increasing the
| 19 | | available pool of potential employees, the General Assembly
| 20 | | finds and declares that those residents of Illinois diagnosed
| 21 | | with mental illness and substance use disorders should be
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| 1 | | eligible for and encouraged to seek gainful employment.
| 2 | | (b) The General Assembly finds and declares that minority
| 3 | | communities in this State have been more negatively impacted | 4 | | in
employment opportunities for minority residents diagnosed | 5 | | with
mental illness and substance use disorders and should | 6 | | receive
additional employment opportunities and incentives for
| 7 | | employing minority residents diagnosed with mental illness or
| 8 | | substance use disorders.
| 9 | | (c) Due to the COVID-19 public health emergency, employers
| 10 | | in the State of Illinois have suffered negative economic
| 11 | | impacts, a loss in workforce, staffing difficulties, and have
| 12 | | found it difficult to recruit new workers.
| 13 | | (d) In the interest of providing additional employment
| 14 | | opportunities for those residents of Illinois diagnosed with
| 15 | | mental illness or substance use disorders and expanding the
| 16 | | pool of potential workers in this State, the General Assembly
| 17 | | finds and declares that certain qualified employers who employ
| 18 | | eligible individuals should be eligible for a tax credit.
| 19 | | Section 3-10. Definitions. As used in this Act: | 20 | | "Department" means the Department of Human Services.
| 21 | | "Eligible individual" means an individual with a substance
| 22 | | use disorder, as that term is defined under Section 1-10 of the
| 23 | | Substance Use Disorder Act, or an individual with a mental
| 24 | | illness as that term is defined under Section 1-129 of the
| 25 | | Mental Health and Developmental Disabilities Code, who is in a
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| 1 | | state of wellness and recovery where there is an abatement of
| 2 | | signs and symptoms that characterize active substance use
| 3 | | disorder or mental illness and has demonstrated to the
| 4 | | qualified employer's satisfaction, pursuant to rules
adopted | 5 | | by the Department, that he or she has completed a
course of | 6 | | treatment or is currently in receipt of treatment
for such | 7 | | substance use disorder or mental illness. A relapse
in an | 8 | | individual's state of wellness shall not make the
individual | 9 | | ineligible, so long as the individual shows a
continued | 10 | | commitment to recovery that aligns with an
individual's | 11 | | relapse prevention plan, discharge plan, or
recovery plan.
| 12 | | "Qualified employer" means an employer operating within
| 13 | | the State that has received a certificate of tax credit from
| 14 | | the Department after the Department has determined that the
| 15 | | employer:
| 16 | | (1) provides a recovery supportive environment for
| 17 | | their employees evidenced by a formal working relationship
| 18 | | with a substance use disorder treatment provider or
| 19 | | facility or mental health provider or facility, each as
| 20 | | may be licensed or certified within the State of Illinois,
| 21 | | and providing reasonable accommodation to the employees to
| 22 | | address their substance use disorder or mental illness,
| 23 | | all at no cost or expense to the eligible individual; and | 24 | | (2) satisfies all other criteria in this Section and
| 25 | | established by the Department to participate in the
| 26 | | recovery tax program created hereunder.
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| 1 | | "Taxpayer" means any individual, corporation, | 2 | | partnership,
trust, or other entity subject to the Illinois | 3 | | income tax. For
the purposes of this Act, 2 individuals filing | 4 | | a joint return
shall be considered one taxpayer.
| 5 | | Section 3-15. Authorization of tax credit program for | 6 | | individuals in recovery from substance use disorders or mental | 7 | | illness. | 8 | | (a) For taxable years beginning on or after January 1, | 9 | | 2023, the Department is authorized to and shall establish and | 10 | | administer a recovery tax credit program to provide tax | 11 | | incentives to qualified employers who employ eligible | 12 | | individuals in recovery from a substance use disorder or | 13 | | mental illness in part-time and full-time positions within | 14 | | Illinois. The Department shall award the tax credit by | 15 | | issuance of a certificate of tax credit to the qualified | 16 | | employer, who will present the certificate of tax credit to | 17 | | the Department of Revenue by attaching the certificate to its | 18 | | tax return, as a credit against the qualified employer's | 19 | | income tax liability in accordance with the Illinois Income | 20 | | Tax Act. The Department shall maintain an electronic listing | 21 | | of the certificates issued by which the Department of Revenue | 22 | | may verify tax credit certificates issued. | 23 | | (b) To be a qualified employer, an employer must apply | 24 | | annually to the Department to claim a credit based upon | 25 | | eligible individuals employed during the preceding calendar |
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| 1 | | year, using the forms prescribed by the Department. To be | 2 | | approved for a credit under this Act, the employer must: | 3 | | (1) agree to provide to the Department the information | 4 | | necessary to demonstrate that the employer has satisfied | 5 | | program eligibility requirements and provided all | 6 | | information requested or needed by the Department, | 7 | | including the number of hours worked by the eligible | 8 | | individual and other information necessary for the | 9 | | Department to calculate the amount of credit permitted; | 10 | | and | 11 | | (2) agree to provide names, employer identification | 12 | | numbers, amounts that the employer may claim, and other | 13 | | information necessary for the Department to calculate any | 14 | | tax credit. | 15 | | (c) To be an eligible individual, the individual must be | 16 | | diagnosed with or have been diagnosed with a substance use | 17 | | disorder or mental illness. Disclosure by the eligible | 18 | | individual of his or her mental illness or substance use | 19 | | disorder shall be completely voluntary and his or her health | 20 | | information may not be shared or disclosed under this Act | 21 | | without the eligible individual's express written consent. The | 22 | | eligible individual must have been employed by the qualified | 23 | | employer in this State for a minimum of 500 hours during the | 24 | | applicable calendar year and the tax credit may only begin on | 25 | | the date the eligible individual is hired by the qualified | 26 | | employer and ending on December 31 of that calendar year or the |
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| 1 | | date that the eligible individual's employment with the | 2 | | qualified employer ends, whichever occurs first. Only one tax | 3 | | credit may be awarded for any eligible individual while | 4 | | employed by the same or related qualified employer. The hours | 5 | | of employment of 2 or more eligible individuals may not be | 6 | | aggregated to reach the minimum number of hours. If an | 7 | | eligible individual has worked in excess of 500 hours between | 8 | | the date of hiring and December 31 of that year, a qualified | 9 | | employer can elect to compute and claim a credit for such | 10 | | eligible individual in that year based on the hours worked by | 11 | | December 31. Alternatively, the qualified employer may elect | 12 | | to include such individual in the computation of the credit in | 13 | | the year immediately succeeding the year in which the eligible | 14 | | individual was hired. In that case, the credit shall be | 15 | | computed on the basis of all hours worked by the eligible | 16 | | individual from the date of hire to the earlier of the last day | 17 | | of employment or December 31 of the succeeding year. | 18 | | (d) If Department criteria and all other requirements are
| 19 | | met, a qualified employer shall be entitled to a tax credit
| 20 | | equal to the product of $1 and the number of hours worked by
| 21 | | each eligible individual during the eligible individual's
| 22 | | period of employment with the qualified employer. The tax
| 23 | | credit awarded under this Act may not exceed $2,000 per | 24 | | eligible
individual employed by the qualified employer in this | 25 | | State. In
determining the amount of tax credit that any | 26 | | qualified
employer may claim, the Department shall review all |
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| 1 | | claims
submitted for credit by all employers and, to the | 2 | | extent that
the total amount claimed by employers exceeds the | 3 | | amount
allocated for this program in that calendar year, shall | 4 | | issue
tax credits on a pro rata basis corresponding to each
| 5 | | qualified employer's share of the total amount claimed.
| 6 | | (e) The aggregate amount of all credits the Department may | 7 | | award under this Act in any calendar year may not exceed | 8 | | $2,000,000. | 9 | | (f) A taxpayer who is a qualified
employer who has | 10 | | received a certificate of tax credit from the
Department shall | 11 | | be allowed a credit against the tax imposed equal
to the amount | 12 | | shown on such certificate of tax credit.
| 13 | | (g) The credit must be claimed in the taxable year in which | 14 | | the tax credit certificate is issued. The credit cannot reduce | 15 | | a taxpayer's liability to less than zero. If the amount of the | 16 | | credit exceeds the tax liability for the year, the credit may | 17 | | not
be carried forward. | 18 | | (h) If the taxpayer is a partnership or Subchapter S | 19 | | corporation the credit shall be allowed to the partners or | 20 | | shareholders in accordance with the determination of income | 21 | | and distributive share of income under Sections 702 and 704 | 22 | | and subchapter S of the Internal Revenue Code. | 23 | | (i) In carrying out this Act, no patient-specific | 24 | | information shall
be shared or disclosed. Any individual or | 25 | | patient-specific
information collected by the Department or | 26 | | the Department
of Revenue shall not be subject
to public |
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| 1 | | disclosure or Freedom of Information Act requests.
| 2 | | (j) The credit under this Act is exempt from the | 3 | | provisions of Section 250 of the Illinois Income Tax Act. | 4 | | Section 3-20. Advisory Council on Mental Illness and | 5 | | Substance Use Disorder Impacts on Employment Opportunities | 6 | | within Minority Communities. The Secretary of the Department | 7 | | shall appoint the Advisory Council on Mental Illness and | 8 | | Substance Use Disorder Impacts on Employment Opportunities | 9 | | within Minority Communities, to be composed of 15 members, | 10 | | which shall include a balanced representation of recipients, | 11 | | services providers, employers, local governmental units, | 12 | | community and welfare advocacy groups, academia, and the | 13 | | general public. The Advisory Council shall advise the | 14 | | Department regarding all aspects of employment impacts | 15 | | resulting from mental illnesses and substance use disorders | 16 | | within minority communities, tax credits, outreach, marketing, | 17 | | and education about the tax credit and employment | 18 | | opportunities, and other areas as deemed appropriate by the | 19 | | Secretary. In appointing the first Council, the Secretary | 20 | | shall name 8 members to terms of 2 years and 7 members to serve | 21 | | terms of 4 years, all of whom shall be appointed within 6 | 22 | | months of the effective date of this Act. All members | 23 | | appointed thereafter shall serve terms of 4 years. Members | 24 | | shall serve without compensation other than reimbursement of | 25 | | expenses actually incurred in the performance of their |
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| 1 | | official duties. At its first meeting, the Advisory Council | 2 | | shall select a chair from among its members. The Advisory | 3 | | Council shall meet at least quarterly and at other times at the | 4 | | call of the chair. | 5 | | Section 3-25. Powers. The Department shall adopt rules for | 6 | | the administration of this Act. The Department may enter into | 7 | | an intergovernmental agreement with the Department of Revenue | 8 | | for the administration of this Act. | 9 | | Section 3-30. The Illinois Income Tax Act is amended by | 10 | | adding Section 232 as follows: | 11 | | (35 ILCS 5/232 new) | 12 | | Sec. 232. Recovery and Mental Health Tax Credit Act. For | 13 | | taxable years beginning on or after January 1, 2023, a
| 14 | | taxpayer who has been awarded a credit under the Recovery and
| 15 | | Mental Health Tax Credit Act is entitled to a credit against
| 16 | | the tax imposed by subsections (a) and (b) of Section 201 as
| 17 | | provided in that Act. This Section is exempt from the
| 18 | | provisions of Section 250. | 19 | | Article 5. | 20 | | Section 5-5. The Specialized Mental Health Rehabilitation | 21 | | Act of 2013 is amended by changing Sections 1-102 and 2-102.5 |
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| 1 | | as follows: | 2 | | (210 ILCS 49/1-102)
| 3 | | Sec. 1-102. Definitions. For the purposes of this Act, | 4 | | unless the context otherwise requires: | 5 | | "Abuse" means any physical or mental injury or sexual | 6 | | assault inflicted on a consumer other than by accidental means | 7 | | in a facility. | 8 | | "Accreditation" means any of the following: | 9 | | (1) the Joint Commission; | 10 | | (2) the Commission on Accreditation of Rehabilitation | 11 | | Facilities; | 12 | | (3) the Healthcare Facilities Accreditation Program; | 13 | | or | 14 | | (4) any other national standards of care as approved | 15 | | by the Department. | 16 | | "APRN" means an Advanced Practice Registered Nurse, | 17 | | nationally certified as a mental health or psychiatric nurse | 18 | | practitioner and licensed under the Nurse Practice Act. | 19 | | "Applicant" means any person making application for a | 20 | | license or a provisional license under this Act. | 21 | | "Consumer" means a person, 18 years of age or older, | 22 | | admitted to a mental health rehabilitation facility for | 23 | | evaluation, observation, diagnosis, treatment, stabilization, | 24 | | recovery, and rehabilitation. | 25 | | "Consumer" does not mean any of the following: |
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| 1 | | (i) an individual requiring a locked setting; | 2 | | (ii) an individual requiring psychiatric | 3 | | hospitalization because of an acute psychiatric crisis; | 4 | | (iii) an individual under 18 years of age; | 5 | | (iv) an individual who is actively suicidal or violent | 6 | | toward others; | 7 | | (v) an individual who has been found unfit to stand | 8 | | trial; | 9 | | (vi) an individual who has been found not guilty by | 10 | | reason of insanity based on committing a violent act, such | 11 | | as sexual assault, assault with a deadly weapon, arson, or | 12 | | murder; | 13 | | (vii) an individual subject to temporary detention and | 14 | | examination under Section 3-607 of the Mental Health and | 15 | | Developmental Disabilities Code; | 16 | | (viii) an individual deemed clinically appropriate for | 17 | | inpatient admission in a State psychiatric hospital; and | 18 | | (ix) an individual transferred by the Department of | 19 | | Corrections pursuant to Section 3-8-5 of the Unified Code | 20 | | of Corrections. | 21 | | "Consumer record" means a record that organizes all | 22 | | information on the care, treatment, and rehabilitation | 23 | | services rendered to a consumer in a specialized mental health | 24 | | rehabilitation facility. | 25 | | "Controlled drugs" means those drugs covered under the | 26 | | federal Comprehensive Drug Abuse Prevention Control Act of |
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| 1 | | 1970, as amended, or the Illinois Controlled Substances Act. | 2 | | "Department" means the Department of Public Health. | 3 | | "Discharge" means the full release of any consumer from a | 4 | | facility. | 5 | | "Drug administration" means the act in which a single dose | 6 | | of a prescribed drug or biological is given to a consumer. The | 7 | | complete act of administration entails removing an individual | 8 | | dose from a container, verifying the dose with the | 9 | | prescriber's orders, giving the individual dose to the | 10 | | consumer, and promptly recording the time and dose given. | 11 | | "Drug dispensing" means the act entailing the following of | 12 | | a prescription order for a drug or biological and proper | 13 | | selection, measuring, packaging, labeling, and issuance of the | 14 | | drug or biological to a consumer. | 15 | | "Emergency" means a situation, physical condition, or one | 16 | | or more practices, methods, or operations which present | 17 | | imminent danger of death or serious physical or mental harm to | 18 | | consumers of a facility. | 19 | | "Facility" means a specialized mental health | 20 | | rehabilitation facility that provides at least one of the | 21 | | following services: (1) triage center; (2) crisis | 22 | | stabilization; (3) recovery and rehabilitation supports; or | 23 | | (4) transitional living units for 3 or more persons. The | 24 | | facility shall provide a 24-hour program that provides | 25 | | intensive support and recovery services designed to assist | 26 | | persons, 18 years or older, with mental disorders to develop |
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| 1 | | the skills to become self-sufficient and capable of increasing | 2 | | levels of independent functioning. It includes facilities that | 3 | | meet the following criteria: | 4 | | (1) 100% of the consumer population of the facility | 5 | | has a diagnosis of serious mental illness; | 6 | | (2) no more than 15% of the consumer population of the | 7 | | facility is 65 years of age or older; | 8 | | (3) none of the consumers are non-ambulatory; | 9 | | (4) none of the consumers have a primary diagnosis of | 10 | | moderate, severe, or profound intellectual disability; and | 11 | | (5) the facility must have been licensed under the | 12 | | Specialized Mental Health Rehabilitation Act or the | 13 | | Nursing Home Care Act immediately preceding July 22, 2013 | 14 | | (the effective date of this Act) and qualifies as an | 15 | | institute for mental disease under the federal definition | 16 | | of the term. | 17 | | "Facility" does not include the following: | 18 | | (1) a home, institution, or place operated by the | 19 | | federal government or agency thereof, or by the State of | 20 | | Illinois; | 21 | | (2) a hospital, sanitarium, or other institution whose | 22 | | principal activity or business is the diagnosis, care, and | 23 | | treatment of human illness through the maintenance and | 24 | | operation as organized facilities therefor which is | 25 | | required to be licensed under the Hospital Licensing Act; | 26 | | (3) a facility for child care as defined in the Child |
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| 1 | | Care Act of 1969; | 2 | | (4) a community living facility as defined in the | 3 | | Community Living Facilities Licensing Act; | 4 | | (5) a nursing home or sanatorium operated solely by | 5 | | and for persons who rely exclusively upon treatment by | 6 | | spiritual means through prayer, in accordance with the | 7 | | creed or tenets of any well-recognized church or religious | 8 | | denomination; however, such nursing home or sanatorium | 9 | | shall comply with all local laws and rules relating to | 10 | | sanitation and safety; | 11 | | (6) a facility licensed by the Department of Human | 12 | | Services as a community-integrated living arrangement as | 13 | | defined in the Community-Integrated Living Arrangements | 14 | | Licensure and Certification Act; | 15 | | (7) a supportive residence licensed under the | 16 | | Supportive Residences Licensing Act; | 17 | | (8) a supportive living facility in good standing with | 18 | | the program established under Section 5-5.01a of the | 19 | | Illinois Public Aid Code, except only for purposes of the | 20 | | employment of persons in accordance with Section 3-206.01 | 21 | | of the Nursing Home Care Act; | 22 | | (9) an assisted living or shared housing establishment | 23 | | licensed under the Assisted Living and Shared Housing Act, | 24 | | except only for purposes of the employment of persons in | 25 | | accordance with Section 3-206.01 of the Nursing Home Care | 26 | | Act; |
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| 1 | | (10) an Alzheimer's disease management center | 2 | | alternative health care model licensed under the | 3 | | Alternative Health Care Delivery Act; | 4 | | (11) a home, institution, or other place operated by | 5 | | or under the authority of the Illinois Department of | 6 | | Veterans' Affairs; | 7 | | (12) a facility licensed under the ID/DD Community | 8 | | Care Act; | 9 | | (13) a facility licensed under the Nursing Home Care | 10 | | Act after July 22, 2013 (the effective date of this Act); | 11 | | or | 12 | | (14) a facility licensed under the MC/DD Act. | 13 | | "Executive director" means a person who is charged with | 14 | | the general administration and supervision of a facility | 15 | | licensed under this Act and who is a licensed nursing home | 16 | | administrator, licensed practitioner of the healing arts, or | 17 | | qualified mental health professional. | 18 | | "Guardian" means a person appointed as a guardian of the | 19 | | person or guardian of the estate, or both, of a consumer under | 20 | | the Probate Act of 1975. | 21 | | "Identified offender" means a person who meets any of the | 22 | | following criteria: | 23 | | (1) Has been convicted of, found guilty of, | 24 | | adjudicated delinquent for, found not guilty by reason of | 25 | | insanity for, or found unfit to stand trial for, any | 26 | | felony offense listed in Section 25 of the Health Care |
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| 1 | | Worker Background Check Act, except for the following: | 2 | | (i) a felony offense described in Section 10-5 of | 3 | | the Nurse Practice Act; | 4 | | (ii) a felony offense described in Section 4, 5, | 5 | | 6, 8, or 17.02 of the Illinois Credit Card and Debit | 6 | | Card Act; | 7 | | (iii) a felony offense described in Section 5, | 8 | | 5.1, 5.2, 7, or 9 of the Cannabis Control Act; | 9 | | (iv) a felony offense described in Section 401, | 10 | | 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois | 11 | | Controlled Substances Act; and | 12 | | (v) a felony offense described in the | 13 | | Methamphetamine Control and Community Protection Act. | 14 | | (2) Has been convicted of, adjudicated delinquent
for, | 15 | | found not guilty by reason of insanity for, or found unfit | 16 | | to stand trial for, any sex offense as defined in | 17 | | subsection (c) of Section 10 of the Sex Offender | 18 | | Management Board Act. | 19 | | "Transitional living units" are residential units within a | 20 | | facility that have the purpose of assisting the consumer in | 21 | | developing and reinforcing the necessary skills to live | 22 | | independently outside of the facility. The duration of stay in | 23 | | such a setting shall not exceed 120 days for each consumer. | 24 | | Nothing in this definition shall be construed to be a | 25 | | prerequisite for transitioning out of a facility. | 26 | | "Licensee" means the person, persons, firm, partnership, |
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| 1 | | association, organization, company, corporation, or business | 2 | | trust to which a license has been issued. | 3 | | "Misappropriation of a consumer's property" means the | 4 | | deliberate misplacement, exploitation, or wrongful temporary | 5 | | or permanent use of a consumer's belongings or money without | 6 | | the consent of a consumer or his or her guardian. | 7 | | "Neglect" means a facility's failure to provide, or | 8 | | willful withholding of, adequate medical care, mental health | 9 | | treatment, psychiatric rehabilitation, personal care, or | 10 | | assistance that is necessary to avoid physical harm and mental | 11 | | anguish of a consumer. | 12 | | "Personal care" means assistance with meals, dressing, | 13 | | movement, bathing, or other personal needs, maintenance, or | 14 | | general supervision and oversight of the physical and mental | 15 | | well-being of an individual who is incapable of maintaining a | 16 | | private, independent residence or who is incapable of managing | 17 | | his or her person, whether or not a guardian has been appointed | 18 | | for such individual. "Personal care" shall not be construed to | 19 | | confine or otherwise constrain a facility's pursuit to develop | 20 | | the skills and abilities of a consumer to become | 21 | | self-sufficient and capable of increasing levels of | 22 | | independent functioning. | 23 | | "Recovery and rehabilitation supports" means a program | 24 | | that facilitates a consumer's longer-term symptom management | 25 | | and stabilization while preparing the consumer for | 26 | | transitional living units by improving living skills and |
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| 1 | | community socialization. The duration of stay in such a | 2 | | setting shall be established by the Department by rule. | 3 | | "Restraint" means: | 4 | | (i) a physical restraint that is any manual method or
| 5 | | physical or mechanical device, material, or equipment | 6 | | attached or adjacent to a consumer's body that the | 7 | | consumer cannot remove easily and restricts freedom of | 8 | | movement or normal access to one's body; devices used for | 9 | | positioning, including, but not limited to, bed rails, | 10 | | gait belts, and cushions, shall not be considered to be | 11 | | restraints for purposes of this Section; or | 12 | | (ii) a chemical restraint that is any drug used for
| 13 | | discipline or convenience and not required to treat | 14 | | medical symptoms; the Department shall, by rule, designate | 15 | | certain devices as restraints, including at least all | 16 | | those devices that have been determined to be restraints | 17 | | by the United States Department of Health and Human | 18 | | Services in interpretive guidelines issued for the | 19 | | purposes of administering Titles XVIII and XIX of the | 20 | | federal Social Security Act. For the purposes of this Act, | 21 | | restraint shall be administered only after utilizing a | 22 | | coercive free environment and culture. | 23 | | "Self-administration of medication" means consumers shall | 24 | | be responsible for the control, management, and use of their | 25 | | own medication. | 26 | | "Crisis stabilization" means a secure and separate unit |
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| 1 | | that provides short-term behavioral, emotional, or psychiatric | 2 | | crisis stabilization as an alternative to hospitalization or | 3 | | re-hospitalization for consumers from residential or community | 4 | | placement. The duration of stay in such a setting shall not | 5 | | exceed 21 days for each consumer. | 6 | | "Therapeutic separation" means the removal of a consumer | 7 | | from the milieu to a room or area which is designed to aid in | 8 | | the emotional or psychiatric stabilization of that consumer. | 9 | | "Triage center" means a non-residential 23-hour center | 10 | | that serves as an alternative to emergency room care, | 11 | | hospitalization, or re-hospitalization for consumers in need | 12 | | of short-term crisis stabilization. Consumers may access a | 13 | | triage center from a number of referral sources, including | 14 | | family, emergency rooms, hospitals, community behavioral | 15 | | health providers, federally qualified health providers, or | 16 | | schools, including colleges or universities. A triage center | 17 | | may be located in a building separate from the licensed | 18 | | location of a facility, but shall not be more than 1,000 feet | 19 | | from the licensed location of the facility and must meet all of | 20 | | the facility standards applicable to the licensed location. If | 21 | | the triage center does operate in a separate building, safety | 22 | | personnel shall be provided, on site, 24 hours per day and the | 23 | | triage center shall meet all other staffing requirements | 24 | | without counting any staff employed in the main facility | 25 | | building.
| 26 | | (Source: P.A. 99-180, eff. 7-29-15; 100-201, eff. 8-18-17; |
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| 1 | | 100-365, eff. 8-25-17.) | 2 | | (210 ILCS 49/2-102.5 new) | 3 | | Sec. 2-102.5. Psychiatric visits. For the purposes of this | 4 | | Act, any required psychiatric visit to a consumer may be | 5 | | conducted by an APRN or by a physician. | 6 | | Section 5-10. The Clinical Psychologist Licensing Act is | 7 | | amended by changing Section 13 as follows: | 8 | | (225 ILCS 15/13) (from Ch. 111, par. 5363) | 9 | | (Section scheduled to be repealed on January 1, 2027) | 10 | | Sec. 13. License renewal; restoration. | 11 | | (a) The expiration date and renewal
period for each | 12 | | license
issued under this Act shall be set by rule. Every | 13 | | holder of a license
under this Act may renew such license | 14 | | during the 90-day period immediately
preceding the
expiration | 15 | | date thereof upon payment of the required renewal fees and | 16 | | demonstrating compliance with any continuing education | 17 | | requirements. The Department shall adopt rules establishing | 18 | | minimum requirements of continuing education and means for | 19 | | verification of the completion of the continuing education | 20 | | requirements. The Department may, by rule, specify | 21 | | circumstances under which the continuing education | 22 | | requirements may be waived. | 23 | | A clinical psychologist who has permitted his or her |
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| 1 | | license to expire or
who
has had his or her license on inactive | 2 | | status may have his or her
license restored
by
making | 3 | | application to the Department and filing proof acceptable to | 4 | | the
Department, as defined by rule, of his or her fitness to | 5 | | have his or her license restored,
including evidence
| 6 | | certifying to active practice in another jurisdiction | 7 | | satisfactory to the
Department and by paying the required | 8 | | restoration fee. | 9 | | If the clinical psychologist has not maintained an active | 10 | | practice in
another jurisdiction satisfactory to the | 11 | | Department, the Board shall
determine, by an evaluation | 12 | | program established by rule, his or her fitness
to
resume | 13 | | active status and may require the clinical psychologist to | 14 | | complete
a period of supervised professional experience and | 15 | | may require successful
completion of an examination. | 16 | | However, any clinical psychologist whose license expired | 17 | | while he or she
was (1)
in Federal Service on active duty with | 18 | | the Armed Forces of the United
States, or the State Militia | 19 | | called into service or training, or (2) in
training or | 20 | | education under the supervision of the United States
| 21 | | preliminary to induction into the military service, may have | 22 | | his or her
license
renewed or restored without paying any | 23 | | lapsed renewal fees if within 2
years after honorable | 24 | | termination of such service, training or education he
or she | 25 | | furnishes the Department with satisfactory evidence to the | 26 | | effect
that he
or she has been so engaged and that his or her |
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| 1 | | service, training or
education has been
so terminated. | 2 | | (b) Notwithstanding any other provision of law, the | 3 | | following requirements for restoration of an inactive or | 4 | | expired license of less than 5 years as set forth in subsection | 5 | | (a) are suspended for any licensed clinical psychologist who | 6 | | has had no disciplinary action taken against his
or her | 7 | | license in this State or in any other jurisdiction during the | 8 | | entire period of licensure: proof of fitness, certification of | 9 | | active practice in another jurisdiction, and the payment of a | 10 | | renewal fee. An individual may not restore his or her license | 11 | | in accordance with this subsection more than once. | 12 | | (Source: P.A. 96-1050, eff. 1-1-11 .) | 13 | | Section 5-15. The Clinical Social Work and Social Work | 14 | | Practice Act is amended by changing Section 11 as follows:
| 15 | | (225 ILCS 20/11) (from Ch. 111, par. 6361)
| 16 | | (Section scheduled to be repealed on January 1, 2028)
| 17 | | Sec. 11. Licenses; renewal; restoration; person in | 18 | | military service; inactive status.
| 19 | | (a) The expiration date and renewal period for each | 20 | | license issued under this Act shall be set by rule.
The | 21 | | licensee may renew a license during the 60-day period | 22 | | preceding its
expiration date by paying the required fee and | 23 | | by demonstrating compliance
with any continuing education | 24 | | requirements. The Department shall adopt rules establishing |
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| 1 | | minimum requirements of continuing education and means for | 2 | | verification of the completion of the continuing education | 3 | | requirements. The Department may, by rule, specify | 4 | | circumstances under which the continuing education | 5 | | requirements may be waived.
| 6 | | (b) Any person who has permitted a license to expire or who | 7 | | has a
license on inactive status may have it restored by | 8 | | submitting an application to
the Department and filing proof | 9 | | of fitness, as defined by rule, to have the license restored,
| 10 | | including, if appropriate, evidence which is satisfactory to | 11 | | the
Department certifying the active practice of clinical | 12 | | social work or
social work in another jurisdiction and by | 13 | | paying the required fee.
| 14 | | (b-5) If the person has not maintained an active practice | 15 | | in another
jurisdiction which is satisfactory to the | 16 | | Department, the Department
shall determine the person's | 17 | | fitness to resume active status. The Department may also | 18 | | require the person to
complete a specific period of evaluated | 19 | | clinical social work or social
work experience and may require | 20 | | successful completion of an examination for clinical social | 21 | | workers.
| 22 | | (b-7) Notwithstanding any other provision of this Act, any | 23 | | person whose license expired while on active duty with
the | 24 | | armed forces of the United States, while called into service | 25 | | or
training with the State Militia or in training or education | 26 | | under the
supervision of the United States government prior to |
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| 1 | | induction into the
military service may have his or her | 2 | | license restored without paying any
renewal
fees if, within 2 | 3 | | years after the honorable termination of that service,
| 4 | | training or education, except under conditions other than | 5 | | honorable, the
Department is furnished with satisfactory | 6 | | evidence that the person has been
so engaged and that the | 7 | | service, training or education has
been so terminated.
| 8 | | (c) A license to practice shall not be denied any | 9 | | applicant because of the applicant's race, religion, creed, | 10 | | national origin, political beliefs or activities, age, sex, | 11 | | sexual orientation, or physical impairment.
| 12 | | (d) (Blank).
| 13 | | (e) (Blank).
| 14 | | (f) (Blank).
| 15 | | (g) The Department shall indicate on each license the | 16 | | academic degree of
the licensee.
| 17 | | (h) Notwithstanding any other provision of law, the | 18 | | following requirements for restoration of an inactive or | 19 | | expired license of 5 years or less as set forth in subsections | 20 | | (b) and (b-5) are suspended for any licensed clinical social | 21 | | worker who has had no disciplinary action taken against his
or | 22 | | her license in this State or in any other jurisdiction during | 23 | | the entire period of licensure: proof of fitness, | 24 | | certification of active practice in another jurisdiction, and | 25 | | the payment of a fee or renewal fee. An individual may not | 26 | | restore his or her license in accordance with this subsection |
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| 1 | | more than once. | 2 | | (Source: P.A. 102-326, eff. 1-1-22 .)
| 3 | | Section 5-20. The Professional Counselor and Clinical | 4 | | Professional Counselor
Licensing and Practice Act is amended | 5 | | by changing Section 50 as follows:
| 6 | | (225 ILCS 107/50)
| 7 | | (Section scheduled to be repealed on January 1, 2023)
| 8 | | Sec. 50. Licenses; renewal; restoration; person in | 9 | | military service;
inactive status. | 10 | | (a) The expiration date and renewal period for each | 11 | | license issued under
this Act shall be set by rule. As a | 12 | | condition for renewal of a license, the licensee shall be | 13 | | required to complete continuing education in accordance with | 14 | | rules established by the Department.
| 15 | | (b) Any person who has permitted a license to expire or who | 16 | | has a
license on inactive status may have it restored by | 17 | | submitting an application to
the Department and filing proof | 18 | | of fitness acceptable to the Department, to have
the license | 19 | | restored, including, if appropriate, evidence which is | 20 | | satisfactory
to the Department certifying the active practice | 21 | | of professional counseling or
clinical professional counseling | 22 | | in another jurisdiction and by paying the
required fee.
| 23 | | (c) If the person has not maintained an active practice in | 24 | | another
jurisdiction which is satisfactory to the Department, |
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| 1 | | the Department shall
determine, by an evaluation program | 2 | | established by rule, the person's fitness to resume active | 3 | | status and shall establish procedures and requirements for | 4 | | restoration.
| 5 | | (d) However, any person whose license expired while he or | 6 | | she was (i) in federal service on active duty with
the armed | 7 | | forces of the United States or the State Militia or (ii) in | 8 | | training or education under the
supervision of the United | 9 | | States government prior to induction into the
military service | 10 | | may have his or her license restored without paying any lapsed | 11 | | renewal
fees if, within 2 years after the honorable | 12 | | termination of such service, training, or
education, the | 13 | | Department is
furnished with satisfactory evidence that the | 14 | | person has been so engaged and
that such service, training, or | 15 | | education has been so terminated.
| 16 | | (e) A license to practice shall not be denied any | 17 | | applicant because of
the applicant's race, religion, creed, | 18 | | national origin, political beliefs
or activities, age, sex, | 19 | | sexual orientation, or physical impairment.
| 20 | | (f) Any person requesting restoration from inactive status | 21 | | shall (i) be required to pay the current renewal fee, (ii) meet | 22 | | continuing education requirements, and (iii) be required to | 23 | | restore his or her license as provided in this Act. | 24 | | (g) Notwithstanding any other provision of law, the | 25 | | following requirements for restoration of an inactive or | 26 | | expired license of 5 years or less as set forth in subsections |
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| 1 | | (b), (c), and (f) are suspended for any licensed clinical | 2 | | professional counselor who has had no disciplinary action | 3 | | taken against his
or her license in this State or in any other | 4 | | jurisdiction during the entire period of licensure: proof of | 5 | | fitness, certification of active practice in another | 6 | | jurisdiction, and the payment of a renewal fee. An individual | 7 | | may not restore his or her license in accordance with this | 8 | | subsection more than once. | 9 | | (Source: P.A. 97-706, eff. 6-25-12.)
| 10 | | Article 15. | 11 | | Section 15-5. The Clinical Social Work and Social Work | 12 | | Practice Act is amended by changing Section 12.5 as follows:
| 13 | | (225 ILCS 20/12.5)
| 14 | | (Section scheduled to be repealed on January 1, 2028)
| 15 | | Sec. 12.5. Endorsement. The Department may issue a license | 16 | | as a
clinical social worker or as a social worker, without the | 17 | | required
examination, to an applicant licensed under the laws | 18 | | of another jurisdiction if
the requirements for licensure in | 19 | | that jurisdiction are, on the date of
licensure, substantially | 20 | | equivalent to the requirements of this Act or to any
person
| 21 | | who, at the time of his or her licensure, possessed individual | 22 | | qualifications
that were substantially equivalent to the | 23 | | requirements then in force in this
State. An applicant under |
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| 1 | | this Section shall pay the required fees.
| 2 | | An individual applying for licensure as a clinical social | 3 | | worker who has been licensed at the independent level in | 4 | | another United States jurisdiction for 5 10 consecutive years | 5 | | without discipline is not required to submit proof of | 6 | | completion of the education and supervised clinical | 7 | | professional experience required in paragraph (3) of Section 9 | 8 | | and proof of passage of the examination required in paragraph | 9 | | (4) of Section 9 . Individuals with 5 10 consecutive years of | 10 | | experience must submit certified verification of licensure | 11 | | from the jurisdiction in which the applicant practiced and | 12 | | must comply with all other licensing requirements and pay all | 13 | | required fees. | 14 | | If the accuracy of any submitted documentation or the | 15 | | relevance or sufficiency of the course work or experience is | 16 | | questioned by the Department or the Board because of a lack of | 17 | | information, discrepancies or conflicts in information given, | 18 | | or a need for clarification, the applicant seeking licensure | 19 | | may be required to provide additional information. | 20 | | An applicant has 3 years from the date of application to | 21 | | complete the application process. If the process has not been | 22 | | completed within 3 years, the application shall be denied, the | 23 | | fee shall be forfeited, and the applicant must reapply and | 24 | | meet the requirements in effect at the time of reapplication. | 25 | | (Source: P.A. 100-766, eff. 1-1-19 .)
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| 1 | | Section 15-10. The Marriage and Family Therapy Licensing | 2 | | Act is amended by changing Section 65 as follows:
| 3 | | (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
| 4 | | (Section scheduled to be repealed on January 1, 2027)
| 5 | | Sec. 65. Endorsement. The Department may issue a license | 6 | | as a
licensed marriage and family therapist, without the | 7 | | required examination,
to an applicant licensed under the laws | 8 | | of another state if the
requirements for licensure in that | 9 | | state are, on the date of licensure,
substantially equivalent | 10 | | to the requirements of this Act or to a person who, at
the time | 11 | | of his or her application for licensure, possessed individual
| 12 | | qualifications that were
substantially equivalent to the | 13 | | requirements then in force in this State. An
applicant under
| 14 | | this Section shall pay all of the required fees.
| 15 | | An individual applying for licensure as a licensed | 16 | | marriage and family therapist who has been licensed at the | 17 | | independent level in another United States jurisdiction for 5 | 18 | | 10 consecutive years without discipline is not required to | 19 | | submit proof of completion of the education, professional | 20 | | experience, and supervision required in Section 40. | 21 | | Individuals with 5 10 consecutive years of experience must | 22 | | submit certified verification of licensure from the | 23 | | jurisdiction in which the applicant practiced and must comply | 24 | | with all other licensing requirements and pay all required | 25 | | fees. |
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| 1 | | If the accuracy of any submitted documentation or the | 2 | | relevance or sufficiency of the course work or experience is | 3 | | questioned by the Department or the Board because of a lack of | 4 | | information, discrepancies or conflicts in information given, | 5 | | or a need for clarification, the applicant seeking licensure | 6 | | may be required to provide additional information. | 7 | | Applicants have 3 years from the date of application to | 8 | | complete the
application process. If the process has not been | 9 | | completed within the 3
years, the application shall be denied, | 10 | | the fee shall be forfeited, and the
applicant
must reapply and | 11 | | meet the requirements in effect at the time of
reapplication.
| 12 | | (Source: P.A. 100-372, eff. 8-25-17; 100-766, eff. 1-1-19 .)
| 13 | | Section 15-20. The Professional Counselor and Clinical | 14 | | Professional Counselor Licensing and Practice Act is amended | 15 | | by changing Section 70 as follows:
| 16 | | (225 ILCS 107/70)
| 17 | | (Section scheduled to be repealed on January 1, 2023)
| 18 | | Sec. 70. Endorsement. The Department may issue a license | 19 | | as a licensed
professional counselor or licensed clinical | 20 | | professional counselor, without the
required examination, to | 21 | | (i) an applicant licensed under the laws of another
state or | 22 | | United States jurisdiction whose standards in the opinion of | 23 | | the
Department, were substantially equivalent at the date of | 24 | | his or her licensure
in the other jurisdiction to the |
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| 1 | | requirements of this Act or (ii) any person
who, at the time of | 2 | | licensure, possessed individual qualifications which were
| 3 | | substantially equivalent to the requirements of this Act. Such | 4 | | an applicant
shall pay all of the required fees.
| 5 | | An individual applying for licensure as a clinical | 6 | | professional counselor who has been licensed at the | 7 | | independent level in another United States jurisdiction for 5 | 8 | | 10 consecutive years without discipline is not required to | 9 | | submit proof of completion of the education, supervised | 10 | | employment , or experience required in subsection (b) of | 11 | | Section 45. Individuals with 5 10 consecutive years of | 12 | | experience must submit certified verification of licensure | 13 | | from the jurisdiction in which the applicant practiced and | 14 | | must comply with all other licensing requirements and pay all | 15 | | required fees. | 16 | | If the accuracy of any submitted documentation or the | 17 | | relevance or sufficiency of the course work or experience is | 18 | | questioned by the Department or the Board because of a lack of | 19 | | information, discrepancies or conflicts in information given, | 20 | | or a need for clarification, the applicant seeking licensure | 21 | | may be required to provide additional information. | 22 | | Applicants have 3 years from the date of application to | 23 | | complete the
application process. If the process has not been | 24 | | completed within 3
years, the application shall be denied, the | 25 | | fee forfeited, and the
applicant must reapply and meet the | 26 | | requirements in effect at the time of
reapplication.
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| 1 | | (Source: P.A. 100-766, eff. 1-1-19 .)
| 2 | | Article 99. | 3 | | Section 99-99. Effective date. This Act takes effect upon | 4 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | New Act | | | 4 | | 5 ILCS 100/5-45.21 new | | | 5 | | 35 ILCS 5/232 new | | | 6 | | 20 ILCS 2205/2205-40 new | | | 7 | | 225 ILCS 20/12.5 | | | 8 | | 225 ILCS 55/65 | from Ch. 111, par. 8351-65 | | 9 | | 225 ILCS 107/70 | |
| |
|