Illinois General Assembly - Full Text of HB5353
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Full Text of HB5353  103rd General Assembly

HB5353ham001 103RD GENERAL ASSEMBLY

Rep. Bob Morgan

Filed: 4/1/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5353

2    AMENDMENT NO. ______. Amend House Bill 5353 by replacing
3everything after the enacting clause with the following:
 
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.)
 

 

 

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1    (20 ILCS 5/5-715)
2    Sec. 5-715. Expedited licensure for service members and
3spouses.
4    (a) In this Section: ,
5    "Service service member" means any person who, at the time
6of application under this Section, is an active duty member of
7the United States Armed Forces or any reserve component of the
8United States Armed Forces, the Coast Guard, or the National
9Guard of any state, commonwealth, or territory of the United
10States or the District of Columbia or whose active duty
11service concluded within the preceding 2 years before
12application.
13    "Spouse" means a party to a marriage, civil union, or
14registered domestic partnership.
15    (a-5) The Department of Financial and Professional
16Regulation shall within 180 days after January 1, 2020 (the
17effective date of Public Act 101-240) designate one staff
18member as the military liaison within the Department of
19Financial and Professional Regulation to ensure proper
20enactment of the requirements of this Section. The military
21liaison's responsibilities shall also include, but are not
22limited to: (1) the management of all expedited applications
23to ensure processing within 30 days after receipt of a
24completed application; (2) the management and oversight of all
25military portability licenses issued under Section 5-717; (3) ,

 

 

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1including notification of federal assistance programs
2available to reimburse costs associated with applicable
3licensing fees and professional credentials for service
4members and their families pursuant to Section 556 of Public
5Law 115-91, or any related federal program; (4) (2)
6coordination with all military installation military and
7family support center directors within this State, including
8virtual, phone, or in-person periodic meetings with each
9military installation military and family support center; and
10(5) (3) training by the military liaison to all directors of
11each division that issues an occupational or professional
12license to ensure proper application of this Section. At the
13end of each calendar year, the military liaison shall provide
14an annual report documenting the expedited licensure program
15for service members and spouses, and shall deliver that report
16to the Secretary of Financial and Professional Regulation and
17the Lieutenant Governor.
18    (b) Each director of a department that issues an
19occupational or professional license is authorized to and
20shall issue an expedited license to a service member who meets
21the requirements under this Section and Section 2105-135 of
22the Department of Professional Regulation Law of the Civil
23Administrative Code of Illinois or a spouse of a service
24member who meets those requirements. Review and determination
25of an application for a license issued by the department shall
26be expedited by the department within 30 days after the date on

 

 

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1which the department receives all necessary documentation
2required for licensure, including any required information
3from State and federal agencies. An expedited license shall be
4issued by the department to a service member who meets any
5service members meeting the application requirements of this
6Section or a spouse of a service member who meets those
7requirements, regardless of whether the service member or the
8service member's spouse currently resides in this State. The
9service member or the service member's spouse shall apply to
10the department on forms provided by the department. An
11application must include proof that:
12        (1) the applicant is a service member or the spouse of
13    a service member;
14        (2) the applicant holds a valid license in good
15    standing for the occupation or profession issued by
16    another state, commonwealth, possession, or territory of
17    the United States, the District of Columbia, or any
18    foreign jurisdiction;
19        (2.5) the applicant meets the requirements and
20    standards for licensure through endorsement, or
21    reciprocity, or portability for the occupation or
22    profession for which the applicant is applying;
23        (3) the applicant or the applicant's spouse is
24    assigned to a duty station in this State, has established
25    legal residence in this State, or will reside in this
26    State within 6 months after the date of application for

 

 

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1    licensure;
2        (4) a complete set of the applicant's fingerprints has
3    been submitted to the Illinois State Police for statewide
4    and national criminal history checks, if applicable to the
5    requirements of the department issuing the license; the
6    applicant shall pay the fee to the Illinois State Police
7    or to the fingerprint vendor for electronic fingerprint
8    processing; no temporary occupational or professional
9    license shall be issued to an applicant if the statewide
10    or national criminal history check discloses information
11    that would cause the denial of an application for
12    licensure under any applicable occupational or
13    professional licensing Act;
14        (5) the applicant is not ineligible for licensure
15    pursuant to Section 2105-165 of the Department of
16    Professional Regulation Law of the Civil Administrative
17    Code of Illinois;
18        (6) the applicant has submitted an application for
19    full licensure; and
20        (7) the applicant has paid the required fee; fees
21    shall not be refundable.
22    (c) (Blank). Each director of a department that issues an
23occupational or professional license is authorized to and
24shall issue an expedited license to the spouse of a service
25member who meets the requirements under this Section. Review
26and determination of an application for a license shall be

 

 

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1expedited by the department within 30 days after the date on
2which the department receives all necessary documentation
3required for licensure, including information from State and
4federal agencies. An expedited license shall be issued by the
5department to any spouse of a service member meeting the
6application requirements of this Section, regardless of
7whether the spouse or the service member currently resides in
8this State. The spouse of a service member shall apply to the
9department on forms provided by the department. An application
10must include proof that:
11        (1) the applicant is the spouse of a service member;
12        (2) the applicant holds a valid license in good
13    standing for the occupation or profession issued by
14    another state, commonwealth, possession, or territory of
15    the United States, the District of Columbia, or any
16    foreign jurisdiction;
17        (2.5) the applicant meets the requirements and
18    standards for licensure through endorsement or reciprocity
19    for the occupation or profession for which the applicant
20    is applying;
21        (3) the applicant's spouse is assigned to a duty
22    station in this State, has established legal residence in
23    this State, or will reside in this State within 6 months
24    after the date of application for licensure;
25        (4) a complete set of the applicant's fingerprints has
26    been submitted to the Illinois State Police for statewide

 

 

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1    and national criminal history checks, if applicable to the
2    requirements of the department issuing the license; the
3    applicant shall pay the fee to the Illinois State Police
4    or to the fingerprint vendor for electronic fingerprint
5    processing; no temporary occupational or professional
6    license shall be issued to an applicant if the statewide
7    or national criminal history check discloses information
8    that would cause the denial of an application for
9    licensure under any applicable occupational or
10    professional licensing Act;
11        (5) the applicant is not ineligible for licensure
12    pursuant to Section 2105-165 of the Civil Administrative
13    Code of Illinois;
14        (6) the applicant has submitted an application for
15    full licensure; and
16        (7) the applicant has paid the required fee; fees
17    shall not be refundable.
18    (c-5) If a service member or a service member's his or her
19spouse relocates from this State, then the service member or
20the service member's spouse he or she shall be provided an
21opportunity to place the service member's or the service
22member's spouse's his or her license in inactive status
23through coordination with the military liaison. If the service
24member or the service member's his or her spouse returns to
25this State, then the service member or the service member's
26spouse he or she may reactivate the license in accordance with

 

 

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1the statutory provisions regulating the profession and any
2applicable administrative rules. The license reactivation
3shall be expedited and completed within 30 days after receipt
4of a completed application to reactivate the license. A
5license reactivation is only applicable when the valid license
6for which the first issuance of a license was predicated is
7still valid and in good standing. An application to reactivate
8a license must include proof that the applicant still holds a
9valid license in good standing for the occupation or
10profession issued in another State, commonwealth, possession,
11or territory of the United States, the District of Columbia,
12or any foreign jurisdiction. The ability to reactivate a
13license does not apply to a military portability license
14issued under Section 5-717.
15    (d) All relevant experience of a service member or a
16service member's his or her spouse in the discharge of
17official duties, including full-time and part-time experience,
18shall be credited in the calculation of any years of practice
19in an occupation or profession as may be required under any
20applicable occupational or professional licensing Act. All
21relevant training provided by the military and completed by a
22service member shall be credited to that service member as
23meeting any training or education requirement under any
24applicable occupational or professional licensing Act,
25provided that the training or education is determined by the
26department to meet the requirements under any applicable Act

 

 

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1and is not otherwise contrary to any other licensure
2requirement.
3    (e) A department may adopt any rules necessary for the
4implementation and administration of this Section and shall by
5rule provide for fees for the administration of this Section.
6(Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21;
7102-813, eff. 5-13-22; 103-408, eff. 7-28-23.)
 
8    (20 ILCS 5/5-717 new)
9    Sec. 5-717. Military portability licensure for service
10members and service members' spouses.
11    (a) In this Section:
12    "Division" the Division of Professional Regulation of the
13Department of Financial and Professional Regulation or the
14Division of Real Estate of the Department of Financial and
15Professional Regulation.
16    "Service member" means any person who, at the time of
17application under this Section, is an active duty member of
18the United States Armed Forces or any reserve component of the
19United States Armed Forces, the Coast Guard, or the National
20Guard of any state, commonwealth, or territory of the United
21States or the District of Columbia.
22    "Spouse" means a party to a marriage, civil union, or
23registered domestic partnership.
24    (b) The Department of Financial and Professional
25Regulation is authorized to issue a professional portability

 

 

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1license to (1) a service member who is an out-of-state
2licensee and is under official United States military orders
3to relocate to the State of Illinois or (2) an out-of-state
4licensee whose spouse is a service member under official
5United States military orders to relocate to the State of
6Illinois. The service member or the service member's spouse
7need not reside in this State at the time of application.
8Notwithstanding any other law to the contrary, the portability
9license shall be issued by the Division only if the applicant
10fulfills all the requirements of this Section and Section
112105-135 of the Department of Professional Regulation Law of
12the Civil Administrative Code of Illinois.
13    (c) The portability license shall be issued after a
14complete application is submitted to the Division that
15includes proof of the following:
16        (1) The applicant is a service member or the spouse of
17    a service member.
18        (2) The applicant or applicant's spouse is assigned to
19    a duty station in this State, has established legal
20    residence or will reside in this State pursuant to
21    military relocation orders after the date of application,
22    and can provide an official copy of those orders.
23        (3) The applicant's license is in good standing and is
24    not subject to a disciplinary order encumbering the
25    license in any other state, commonwealth, district, or
26    territory of the United States or any foreign jurisdiction

 

 

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1    where the applicant holds a license and practices in the
2    same profession with the same or similar scope of practice
3    for which the applicant is applying, and the applicant can
4    submit official verification of good standing and
5    disciplinary history from each of those licensing
6    authorities. For health care professional applicants, the
7    Division's review of good standing is governed by this
8    subsection, subsection (h), and all other applicable State
9    laws and rules.
10        (4) The applicant was actively licensed in the same
11    profession with the same or similar scope of practice for
12    which the applicant is applying for at least 2 years
13    immediately preceding the relocation.
14        (5) A complete set of the applicant's fingerprints has
15    been submitted to the Illinois State Police for statewide
16    and national criminal history checks, if applicable to the
17    requirements of the professional regulatory Act. The
18    applicant shall pay the fee to the Illinois State Police
19    or to the vendor for electronic fingerprint processing. No
20    license shall be issued to an applicant if any review of
21    criminal history or disclosure would cause the denial of
22    an application for licensure under the applicable
23    licensing Act.
24        (6) The applicant has submitted the application for
25    portability licensure and paid the required, nonrefundable
26    initial application fee for that profession under its

 

 

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1    respective Act and rules.
2    (d) Service members or the spouses of service members
3granted portability licenses under this Section shall submit
4to the jurisdiction of the Division for purposes of the laws
5and rules administered, related standards of practice, and
6disciplinary authority. A license granted under this Section
7is subject to all statutes, rules, and regulations governing
8the license. This includes compliance with renewal and
9continuing education requirements of the licensing act and
10rules adopted during the period of licensure.
11    (e) Notwithstanding any other law, if the Division finds
12that the applicant failed to meet the requirements of
13subsection (c) or provided inaccurate or misleading
14information on the application, the Division may suspend the
15license pending further investigation or notice to discipline
16the portability license.
17    (f)(1) The duration of the portability license is from
18issuance through the next renewal period for that regulated
19profession. At the time of the license's renewal, the service
20member or the service member's spouse may apply for another
21portability license if the military orders continue or are
22extended past the renewal date or if new orders are given for
23duty in this State. While the portability license is held, the
24service member or the service member's spouse may apply for
25full licensure by examination, endorsement, or reciprocity
26pursuant to the service member's or the service member's

 

 

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1spouse's respective professional licensing Act or rules.
2    (2) Once a portability license has expired or is not
3renewed, the service member or the service member's spouse
4cannot continue practicing in this State until the service
5member or the service member's spouse obtains licensure by
6examination, endorsement, or reciprocity, which includes
7completion and passage of all pre-license education and
8examination requirements under the applicable professional
9licensing Act and rules.
10    (g) An individual is ineligible to apply under this
11Section if:
12        (1) the individual is disqualified under Section
13    2105-165;
14        (2) the license the individual is seeking is subject
15    to an interstate compact; or
16        (3) the individual seeks a real estate appraiser
17    license.
18    (h) All service members and the spouses of service members
19who apply under this Section and Section 5-715, who are
20licensed in another jurisdiction as health care professionals,
21and who are seeking a health care professional license
22regulated by the Division and subject to the applicable
23licensing Acts shall not be denied an initial or renewal
24license:
25        (1) if the applicant has a prior, current, or pending
26    disciplinary action in another jurisdiction solely based

 

 

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1    on providing, authorizing, recommending, aiding,
2    assisting, referring for, or otherwise participating in
3    health care services that are not unlawful in this State
4    and consistent with the standards of conduct in Illinois;
5        (2) if the applicant has a prior, current, or pending
6    disciplinary action in another jurisdiction solely based
7    on violating another jurisdiction or state's laws
8    prohibiting the provision of, authorization of,
9    recommendation of, aiding or assisting in, referring for,
10    or participation in any health care service if that
11    service as provided is not unlawful under the laws of this
12    State and is consistent with the standards of conduct in
13    Illinois; or
14        (3) based solely upon the applicant providing,
15    authorizing, recommending, aiding, assisting, referring
16    for, or otherwise participating in health care services
17    that are not unlawful in this State and consistent with
18    the standards of conduct in Illinois.
19    Nothing in this subsection shall be construed as
20prohibiting the Division from evaluating the applicant's
21conduct and disciplinary history and making a determination
22regarding the licensure or authorization to practice.
23    (i) The Department of Financial and Professional
24Regulation may adopt rules necessary for the implementation
25and administration of this Section.
 

 

 

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1    Section 10. The Clinical Social Work and Social Work
2Practice Act is amended by changing Section 8 as follows:
 
3    (225 ILCS 20/8)  (from Ch. 111, par. 6358)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 8. Examination.
6    (1) The Department shall authorize examinations of
7applicants at such times and places as it may determine. Each
8examination shall be of a character to fairly test the
9competence and qualifications of the applicants to practice as
10a licensed clinical social worker.
11    (2) Applicants for examination shall pay, either to the
12Department or to the designated testing service, a fee
13covering the cost of determining the applicant's eligibility
14and of providing the examination. Failure to appear for the
15examination on the scheduled date at the time and place
16specified after the applicant's application for examination
17has been received and acknowledged by the Department or the
18designated testing service shall result in forfeiture of the
19examination fee.
20    (3) (Blank).
21    (4) The Department may employ consultants for the purpose
22of preparing and conducting examinations.
23    (5) (Blank). An applicant has one year from the date of
24notification of successful completion of the examination to
25apply to the Department for a license. If an applicant fails to

 

 

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1apply within one year, the examination scores shall be void
2and the applicant shall be required to take and pass the
3examination again unless licensed in another jurisdiction of
4the United States within one year of passing the examination.
5    (6) (Blank).
6    (7) The Department shall, upon good faith application and
7the submission of any required documentation and fees, approve
8all examination applications and notify the relevant testing
9authorities of the applicant's authorization to take the exam.
10Approval to take the examination is not approval of the
11application.
12(Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.)
 
13    Section 15. The Marriage and Family Therapy Licensing Act
14is amended by changing Section 35 and by adding Sections 42 and
1547 as follows:
 
16    (225 ILCS 55/35)  (from Ch. 111, par. 8351-35)
17    (Section scheduled to be repealed on January 1, 2027)
18    Sec. 35. Examinations.
19    (a) The Department shall authorize examinations of
20applicants as licensed marriage and family therapists at such
21times and places as it may determine. The examination of
22applicants shall be of a character to give a fair test of the
23qualifications of the applicant to practice marriage and
24family therapy.

 

 

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1    (b) Applicants for examination as marriage and family
2therapists shall be required to pay, either to the Department
3or the designated testing service, a fee covering the cost of
4providing the examination.
5    (c) The Department may employ consultants for the purpose
6of preparing and conducting examinations.
7    (d) The Department shall, upon good faith application and
8the submission of any required documentation and fees, approve
9all examination applications and notify the relevant testing
10authorities of the applicant's authorization to take the exam.
11Approval to take the examination is not approval of the
12application.
13(Source: P.A. 87-783; 87-1237.)
 
14    Section 20. The Professional Counselor and Clinical
15Professional Counselor Licensing and Practice Act is amended
16by changing Section 40 as follows:
 
17    (225 ILCS 107/40)
18    (Section scheduled to be repealed on January 1, 2028)
19    Sec. 40. Examination; failure or refusal to take
20examination.
21    (a) The Department shall authorize examinations of
22applicants at such times and places as it may determine. The
23examinations shall be of a character to fairly test the
24competence and qualifications of the applicants to practice

 

 

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1professional counseling or clinical professional counseling.
2    (b) Applicants for examination shall pay, either to the
3Department or to the designated testing service, a fee
4covering the cost of providing the examination. Failure to
5appear for the examination on the scheduled date at the time
6and place specified after the applicant's application for
7examination has been received and acknowledged by the
8Department or the designated testing service shall result in
9forfeiture of the examination fee.
10    (c) If an applicant neglects, fails, or refuses to take an
11examination or fails to pass an examination for a license
12under this Act within 3 years after filing an application, the
13application will be denied. However, the applicant may
14thereafter submit a new application accompanied by the
15required fee. The applicant shall meet the requirements in
16force at the time of making the new application.
17    (d) The Department may employ consultants for the purpose
18of preparing and conducting examinations.
19    (e) The Department shall, upon good faith application and
20the submission of any required documentation and fees, approve
21all examination applications and notify the relevant testing
22authorities of the applicant's authorization to take the
23examination. Approval to take the examination is not approval
24of the application.
25(Source: P.A. 87-1011; 87-1269.)".