103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5353 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: See Index Amends the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that an applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. Provides that a person who notifies the Department of Financial and Professional Regulation, in writing on forms prescribed by the Department, may place the person's license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice. Provides that the Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license. Provides that the Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for licensees are substantially equivalent to the requirements imposed on residents of this State. Makes conforming and other changes. LRB103 38026 RTM 68158 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5353 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: See Index See Index Amends the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that an applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. Provides that a person who notifies the Department of Financial and Professional Regulation, in writing on forms prescribed by the Department, may place the person's license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice. Provides that the Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license. Provides that the Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for licensees are substantially equivalent to the requirements imposed on residents of this State. Makes conforming and other changes. LRB103 38026 RTM 68158 b LRB103 38026 RTM 68158 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5353 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that an applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. Provides that a person who notifies the Department of Financial and Professional Regulation, in writing on forms prescribed by the Department, may place the person's license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice. Provides that the Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license. Provides that the Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for licensees are substantially equivalent to the requirements imposed on residents of this State. Makes conforming and other changes. LRB103 38026 RTM 68158 b LRB103 38026 RTM 68158 b LRB103 38026 RTM 68158 b A BILL FOR HB5353LRB103 38026 RTM 68158 b HB5353 LRB103 38026 RTM 68158 b HB5353 LRB103 38026 RTM 68158 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Clinical Social Work and Social Work 5 Practice Act is amended by changing Sections 7, 8, and 11 and 6 by adding Sections 9.2, 11.5, and 12.7 as follows: 7 (225 ILCS 20/7) (from Ch. 111, par. 6357) 8 (Section scheduled to be repealed on January 1, 2028) 9 Sec. 7. Applications for original license. Applications 10 for original licenses shall be made to the Department on forms 11 or electronically as prescribed by the Department and 12 accompanied by the required fee which shall not be refundable. 13 All applications shall contain such information which, in the 14 judgment of the Department, will enable the Department to pass 15 on the qualifications of the applicant for a license as a 16 licensed clinical social worker or as a licensed social 17 worker. 18 A license to practice shall not be denied an applicant 19 because of the applicant's race, religion, creed, national 20 origin, political beliefs or activities, age, sex, sexual 21 orientation, or physical disability that does not affect a 22 person's ability to practice with reasonable judgment, skill, 23 or safety. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5353 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that an applicant for an original license to practice who meets the prima facie requirements for licensure may be issued a temporary license to practice while the application is pending. Provides that a person who notifies the Department of Financial and Professional Regulation, in writing on forms prescribed by the Department, may place the person's license on inactive status and shall be excused from the payment of renewal fees until the person notifies the Department in writing of the intention to resume active practice. Provides that the Department shall immediately, upon application, restore the license of any individual whose license has expired or is on inactive status for 5 years or less if the individual does not have a history of disciplinary action taken against the person's license. Provides that the Department shall establish and maintain a resident endorsement schedule, which shall be a comprehensive list of jurisdictions whose licensing requirements for licensees are substantially equivalent to the requirements imposed on residents of this State. Makes conforming and other changes. LRB103 38026 RTM 68158 b LRB103 38026 RTM 68158 b LRB103 38026 RTM 68158 b A BILL FOR See Index LRB103 38026 RTM 68158 b HB5353 LRB103 38026 RTM 68158 b HB5353- 2 -LRB103 38026 RTM 68158 b HB5353 - 2 - LRB103 38026 RTM 68158 b HB5353 - 2 - LRB103 38026 RTM 68158 b 1 Applicants have 3 years from the date of application to 2 complete the application process. If the process has not been 3 completed in 3 years, the application shall be denied, the fee 4 shall be forfeited, and the applicant must reapply and meet 5 the requirements in effect at the time of reapplication. 6 Applicants who meet the prima facie requirements for 7 licensure may be issued a temporary license to practice while 8 their application is pending as provided in Section 9.2. 9 (Source: P.A. 100-414, eff. 8-25-17.) 10 (225 ILCS 20/8) (from Ch. 111, par. 6358) 11 (Section scheduled to be repealed on January 1, 2028) 12 Sec. 8. Examination. 13 (1) The Department shall authorize examinations of 14 applicants at such times and places as it may determine. Each 15 examination shall be of a character to fairly test the 16 competence and qualifications of the applicants to practice as 17 a licensed clinical social worker. 18 (2) Applicants for examination shall pay, either to the 19 Department or to the designated testing service, a fee 20 covering the cost of determining the applicant's eligibility 21 and of providing the examination. Failure to appear for the 22 examination on the scheduled date at the time and place 23 specified after the applicant's application for examination 24 has been received and acknowledged by the Department or the 25 designated testing service shall result in forfeiture of the HB5353 - 2 - LRB103 38026 RTM 68158 b HB5353- 3 -LRB103 38026 RTM 68158 b HB5353 - 3 - LRB103 38026 RTM 68158 b HB5353 - 3 - LRB103 38026 RTM 68158 b 1 examination fee. 2 (3) (Blank). 3 (4) The Department may employ consultants for the purpose 4 of preparing and conducting examinations. 5 (5) (Blank). An applicant has one year from the date of 6 notification of successful completion of the examination to 7 apply to the Department for a license. If an applicant fails to 8 apply within one year, the examination scores shall be void 9 and the applicant shall be required to take and pass the 10 examination again unless licensed in another jurisdiction of 11 the United States within one year of passing the examination. 12 (6) (Blank). 13 (7) The Department shall, upon good faith application and 14 the submission of any required documentation and fees, 15 automatically approve all examination applications and 16 immediately notify the relevant testing authorities of the 17 applicant's authorization to take the exam. 18 (Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.) 19 (225 ILCS 20/9.2 new) 20 Sec. 9.2. Pending licenses. 21 (a) An applicant for an original license to practice who 22 meets the prima facie requirements for licensure may be issued 23 a temporary license to practice while the application is 24 pending. These licenses shall be valid only until the pending 25 licensee's application receives final adjudication by the HB5353 - 3 - LRB103 38026 RTM 68158 b HB5353- 4 -LRB103 38026 RTM 68158 b HB5353 - 4 - LRB103 38026 RTM 68158 b HB5353 - 4 - LRB103 38026 RTM 68158 b 1 Department. 2 (b) No person shall be eligible for a pending license if 3 the person has committed an act that would be grounds for 4 discipline under this Act. Nothing in this Section restricts 5 the ability of the Department to determine an applicant's 6 fitness to practice. 7 (c) The Department may suspend, revoke, cancel, or 8 otherwise void any individual's pending license to practice if 9 doing so would prevent a substantial likelihood of public harm 10 or harm to the practice of social work as a whole. 11 (d) The Department shall adopt rules to implement and 12 enforce this Section, including the establishment of 13 eligibility criteria for pending licenses. 14 (225 ILCS 20/11) (from Ch. 111, par. 6361) 15 (Section scheduled to be repealed on January 1, 2028) 16 Sec. 11. Licenses; renewal; restoration; person in 17 military service; inactive status. 18 (a) The expiration date and renewal period for each 19 license issued under this Act shall be set by rule. The 20 licensee may renew a license during the 60-day period 21 preceding its expiration date by paying the required fee and 22 by demonstrating compliance with any continuing education 23 requirements. The Department shall adopt rules establishing 24 minimum requirements of continuing education and means for 25 verification of the completion of the continuing education HB5353 - 4 - LRB103 38026 RTM 68158 b HB5353- 5 -LRB103 38026 RTM 68158 b HB5353 - 5 - LRB103 38026 RTM 68158 b HB5353 - 5 - LRB103 38026 RTM 68158 b 1 requirements. The Department may, by rule, specify 2 circumstances under which the continuing education 3 requirements may be waived. 4 (b) Any person who has permitted a license to expire or who 5 has a license on inactive status may have it restored by 6 submitting an application to the Department and filing proof 7 of fitness, as defined by rule, to have the license restored, 8 including, if appropriate, evidence which is satisfactory to 9 the Department certifying the active practice of clinical 10 social work or social work in another jurisdiction and by 11 paying the required fee. 12 (b-5) If the person has not maintained an active practice 13 in another jurisdiction which is satisfactory to the 14 Department, the Department shall determine the person's 15 fitness to resume active status. The Department may also 16 require the person to complete a specific period of evaluated 17 clinical social work or social work experience and may require 18 successful completion of an examination for clinical social 19 workers. The Department may issue a pending license according 20 to the requirements of Section 9.2 to any person who applies 21 for licensure restoration under this subsection. 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 HB5353 - 5 - LRB103 38026 RTM 68158 b HB5353- 6 -LRB103 38026 RTM 68158 b HB5353 - 6 - LRB103 38026 RTM 68158 b HB5353 - 6 - LRB103 38026 RTM 68158 b 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 HB5353 - 6 - LRB103 38026 RTM 68158 b HB5353- 7 -LRB103 38026 RTM 68158 b HB5353 - 7 - LRB103 38026 RTM 68158 b HB5353 - 7 - LRB103 38026 RTM 68158 b 1 more than once. 2 (i) A person may request that his or her license be placed 3 on inactive status by notifying the Department in writing on 4 forms prescribed by the Department for that purpose. A person 5 whose license is on inactive status shall be excused from the 6 payment of renewal fees until the person notifies the 7 Department in writing of the intention to resume active 8 practice. 9 (j) The Department shall immediately, upon application, 10 restore the license of any individual whose license has 11 expired or is on inactive status for 5 years or less if the 12 individual does not have a history of disciplinary action 13 taken against the person's license. 14 (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.) 15 (225 ILCS 20/11.5 new) 16 Sec. 11.5. Spouses of military members. 17 (a) For the purposes of this Section, "military spouse" 18 means the spouse of an active-duty member of the United States 19 Armed Forces. 20 (b) Military spouses meeting the eligibility criteria 21 under this Act shall be granted temporary licensure to 22 practice as a social worker or clinical social worker, with 23 all of the rights, responsibilities, and privileges afforded 24 herein, while their expedited licensure applications are under 25 review. Temporary licensure shall be valid for the duration of HB5353 - 7 - LRB103 38026 RTM 68158 b HB5353- 8 -LRB103 38026 RTM 68158 b HB5353 - 8 - LRB103 38026 RTM 68158 b HB5353 - 8 - LRB103 38026 RTM 68158 b 1 the military spouse's assignment in this State or until 2 expedited licensure process is completed. 3 (225 ILCS 20/12.7 new) 4 Sec. 12.7. Resident endorsement schedule. 5 (a) The Department shall establish and maintain a resident 6 endorsement schedule, which shall be a comprehensive list of 7 jurisdictions whose licensing requirements for social workers 8 and clinical social workers are substantially equivalent to 9 the requirements imposed on residents of this State. The 10 Department shall consider at least the following components of 11 a jurisdiction's licensure requirements when developing the 12 resident endorsement schedule: education, supervised hours, 13 completion of any required examinations, and fitness to 14 practice. 15 (b) Any applicant who is a resident of this State and who 16 holds a valid social work or clinical social work license from 17 a state listed on the resident endorsement schedule shall be 18 permitted to apply for licensure using a simplified 19 application process on forms prescribed by the Department. The 20 simplified application process shall involve reduced 21 evidentiary requirements, minimizing redundancy in the 22 collection of information already verified by the applicant's 23 original licensing jurisdiction. 24 (c) If a jurisdiction listed on the resident endorsement 25 schedule imposes more stringent requirements for one component HB5353 - 8 - LRB103 38026 RTM 68158 b HB5353- 9 -LRB103 38026 RTM 68158 b HB5353 - 9 - LRB103 38026 RTM 68158 b HB5353 - 9 - LRB103 38026 RTM 68158 b 1 of the professional licensing application process but is more 2 permissive in other components, then the Department shall 3 exercise discretion to waive any individual requirements that 4 are more stringent in the other jurisdiction. 5 (d) The resident endorsement schedule shall be updated 6 periodically, at least once per standard renewal cycle, to 7 reflect changes in licensing requirements in other 8 jurisdictions. 9 Section 10. The Marriage and Family Therapy Licensing Act 10 is amended by changing Sections 30, 35, and 45 and by adding 11 Sections 42 and 47 as follows: 12 (225 ILCS 55/30) (from Ch. 111, par. 8351-30) 13 (Section scheduled to be repealed on January 1, 2027) 14 Sec. 30. Application. 15 (a) Applications for original licensure shall be made to 16 the Department in writing on forms or electronically as 17 prescribed by the Department and shall be accompanied by the 18 appropriate documentation and the required fee, which shall 19 not be refundable. Any application shall require such 20 information as, in the judgment of the Department, will enable 21 the Department to pass on the qualifications of the applicant 22 for licensing. 23 (b) Applicants have 3 years from the date of application 24 to complete the application process. If the application has HB5353 - 9 - LRB103 38026 RTM 68158 b HB5353- 10 -LRB103 38026 RTM 68158 b HB5353 - 10 - LRB103 38026 RTM 68158 b HB5353 - 10 - LRB103 38026 RTM 68158 b 1 not been completed within 3 years, the application shall be 2 denied, the fee shall be forfeited, and the applicant must 3 reapply and meet the requirements in effect at the time of 4 reapplication. 5 (c) A license shall not be denied to an applicant because 6 of the applicant's race, religion, creed, national origin, 7 political beliefs or activities, age, sex, sexual orientation, 8 or physical disability that does not affect a person's ability 9 to practice with reasonable judgment, skill, or safety. 10 Applicants who meet the prima facie requirements for licensure 11 may be issued a temporary license to practice while the 12 application is pending as provided in Section 42. 13 (Source: P.A. 100-372, eff. 8-25-17.) 14 (225 ILCS 55/35) (from Ch. 111, par. 8351-35) 15 (Section scheduled to be repealed on January 1, 2027) 16 Sec. 35. Examinations. 17 (a) The Department shall authorize examinations of 18 applicants as licensed marriage and family therapists at such 19 times and places as it may determine. The examination of 20 applicants shall be of a character to give a fair test of the 21 qualifications of the applicant to practice marriage and 22 family therapy. 23 (b) Applicants for examination as marriage and family 24 therapists shall be required to pay, either to the Department 25 or the designated testing service, a fee covering the cost of HB5353 - 10 - LRB103 38026 RTM 68158 b HB5353- 11 -LRB103 38026 RTM 68158 b HB5353 - 11 - LRB103 38026 RTM 68158 b HB5353 - 11 - LRB103 38026 RTM 68158 b 1 providing the examination. 2 (c) The Department may employ consultants for the purpose 3 of preparing and conducting examinations. 4 (d) The Department shall, upon good faith application and 5 the submission of any required documentation and fees, 6 automatically approve all examination applications and 7 immediately notify the relevant testing authorities of the 8 applicant's authorization to take the exam. 9 (Source: P.A. 87-783; 87-1237.) 10 (225 ILCS 55/42 new) 11 Sec. 42. Pending licenses. 12 (a) An applicant for an original license to practice who 13 meets the prima facie requirements for licensure may be issued 14 a temporary license to practice while the application is 15 pending. These licenses shall be valid only until the pending 16 licensee's application receives final adjudication by the 17 Department. 18 (b) No person shall be eligible for a pending license if 19 the person has committed an act that would be grounds for 20 discipline under this Act. Nothing in this Section restricts 21 the ability of the Department to determine an applicant's 22 fitness to practice. 23 (c) The Department may suspend, revoke, cancel, or 24 otherwise void any individual's pending license to practice if 25 doing so would prevent a substantial likelihood of public harm HB5353 - 11 - LRB103 38026 RTM 68158 b HB5353- 12 -LRB103 38026 RTM 68158 b HB5353 - 12 - LRB103 38026 RTM 68158 b HB5353 - 12 - LRB103 38026 RTM 68158 b 1 or harm to the practice of professional counseling as a whole. 2 (d) The Department shall adopt rules to implement and 3 enforce this Section, including the establishment of 4 eligibility criteria for pending licenses. 5 (225 ILCS 55/45) (from Ch. 111, par. 8351-45) 6 (Section scheduled to be repealed on January 1, 2027) 7 Sec. 45. Licenses; renewals; restoration; person in 8 military service. 9 (a) The expiration date and renewal period for each 10 license issued under this Act shall be set by rule. As a 11 condition for renewal of a license, the licensee shall be 12 required to complete continuing education under requirements 13 set forth in rules of the Department. 14 (b) Any person who has permitted his or her license to 15 expire may have his or her license restored by making 16 application to the Department and filing proof acceptable to 17 the Department of fitness to have his or her license restored, 18 which may include sworn evidence certifying to active practice 19 in another jurisdiction satisfactory to the Department, 20 complying with any continuing education requirements, and 21 paying the required restoration fee. 22 (c) If the person has not maintained an active practice in 23 another jurisdiction satisfactory to the Department, the Board 24 shall determine, by an evaluation program established by rule, 25 the person's fitness to resume active status and may require HB5353 - 12 - LRB103 38026 RTM 68158 b HB5353- 13 -LRB103 38026 RTM 68158 b HB5353 - 13 - LRB103 38026 RTM 68158 b HB5353 - 13 - LRB103 38026 RTM 68158 b 1 the person to complete a period of evaluated clinical 2 experience and successful completion of a practical 3 examination. The Department may issue a pending license 4 according to the requirements of Section 42 to any person who 5 applies for licensure restoration under this subsection. 6 However, any person whose license expired while he or she 7 has been engaged (i) in federal service on active duty with the 8 Armed Forces of the United States or called into service or 9 training with the State Militia, or (ii) in training or 10 education under the supervision of the United States 11 preliminary to induction into the military service may have 12 his or her license renewed or restored without paying any 13 lapsed renewal fees if, within 2 years after honorable 14 termination of the service, training or education, except 15 under condition other than honorable, he or she furnishes the 16 Department with satisfactory evidence to the effect that he or 17 she has been so engaged and that the service, training, or 18 education has been so terminated. 19 (d) Any person who notifies the Department, in writing on 20 forms prescribed by the Department, may place his or her 21 license on inactive status and shall be excused from the 22 payment of renewal fees until the person notifies the 23 Department in writing of the intention to resume active 24 practice. 25 (e) Any person requesting his or her license be changed 26 from inactive to active status shall be required to pay the HB5353 - 13 - LRB103 38026 RTM 68158 b HB5353- 14 -LRB103 38026 RTM 68158 b HB5353 - 14 - LRB103 38026 RTM 68158 b HB5353 - 14 - LRB103 38026 RTM 68158 b 1 current renewal fee and shall also demonstrate compliance with 2 the continuing education requirements. 3 (f) Any marriage and family therapist or associate 4 licensed marriage and family therapist whose license is 5 nonrenewed or on inactive status shall not engage in the 6 practice of marriage and family therapy in the State of 7 Illinois and use the title or advertise that he or she performs 8 the services of a "licensed marriage and family therapist" or 9 an "associate licensed marriage and family therapist". 10 (g) Any person violating subsection (f) of this Section 11 shall be considered to be practicing without a license and 12 will be subject to the disciplinary provisions of this Act. 13 (h) (Blank). 14 (i) The Department shall immediately, upon application, 15 restore the license of any individual whose license has 16 expired or is on inactive status for 5 years or less if the 17 individual does not have a history of disciplinary action 18 taken against the person's license. 19 (Source: P.A. 100-372, eff. 8-25-17.) 20 (225 ILCS 55/47 new) 21 Sec. 47. Spouses of military members. 22 (a) For the purposes of this Section, "military spouse" 23 means the spouse of an active-duty member of the United States 24 Armed Forces. 25 (b) Military spouses meeting the eligibility criteria HB5353 - 14 - LRB103 38026 RTM 68158 b HB5353- 15 -LRB103 38026 RTM 68158 b HB5353 - 15 - LRB103 38026 RTM 68158 b HB5353 - 15 - LRB103 38026 RTM 68158 b 1 under this Act shall be granted temporary licensure to 2 practice as a marriage and family therapist, with all of the 3 rights, responsibilities, and privileges afforded herein, 4 while their expedited licensure applications are under review. 5 Temporary licensure shall be valid for the duration of the 6 military spouse's assignment in this State or until expedited 7 licensure process is completed. 8 Section 15. The Professional Counselor and Clinical 9 Professional Counselor Licensing and Practice Act is amended 10 by changing Sections 35, 40, and 50 and by adding Sections 47, 11 52 and 72 as follows: 12 (225 ILCS 107/35) 13 (Section scheduled to be repealed on January 1, 2028) 14 Sec. 35. Application for original license. Applications 15 for original licenses shall be made to the Department on forms 16 prescribed by the Department and accompanied by the required 17 fee which is not refundable. All applications shall contain 18 such information that, in the judgment of the Department, will 19 enable the Department to pass on the qualifications of the 20 applicant for a license to practice as a licensed professional 21 counselor or licensed clinical professional counselor. 22 Applicants who meet the prima facie requirements for licensure 23 may be issued a temporary license to practice while the 24 application is pending as provided in Section 47. HB5353 - 15 - LRB103 38026 RTM 68158 b HB5353- 16 -LRB103 38026 RTM 68158 b HB5353 - 16 - LRB103 38026 RTM 68158 b HB5353 - 16 - LRB103 38026 RTM 68158 b 1 (Source: P.A. 87-1011.) 2 (225 ILCS 107/40) 3 (Section scheduled to be repealed on January 1, 2028) 4 Sec. 40. Examination; failure or refusal to take 5 examination. 6 (a) The Department shall authorize examinations of 7 applicants at such times and places as it may determine. The 8 examinations shall be of a character to fairly test the 9 competence and qualifications of the applicants to practice 10 professional counseling or clinical professional counseling. 11 (b) Applicants for examination shall pay, either to the 12 Department or to the designated testing service, a fee 13 covering the cost of providing the examination. Failure to 14 appear for the examination on the scheduled date at the time 15 and place specified after the applicant's application for 16 examination has been received and acknowledged by the 17 Department or the designated testing service shall result in 18 forfeiture of the examination fee. 19 (c) If an applicant neglects, fails, or refuses to take an 20 examination or fails to pass an examination for a license 21 under this Act within 3 years after filing an application, the 22 application will be denied. However, the applicant may 23 thereafter submit a new application accompanied by the 24 required fee. The applicant shall meet the requirements in 25 force at the time of making the new application. HB5353 - 16 - LRB103 38026 RTM 68158 b HB5353- 17 -LRB103 38026 RTM 68158 b HB5353 - 17 - LRB103 38026 RTM 68158 b HB5353 - 17 - LRB103 38026 RTM 68158 b 1 (d) The Department may employ consultants for the purpose 2 of preparing and conducting examinations. 3 (e) The Department shall, upon good faith application and 4 the submission of any required documentation and fees, 5 automatically approve all examination applications and 6 immediately notify the relevant testing authorities of the 7 applicant's authorization to take the exam. 8 (Source: P.A. 87-1011; 87-1269.) 9 (225 ILCS 107/47 new) 10 Sec. 47. Pending licenses. 11 (a) An applicant for an original license to practice who 12 meets the prima facie requirements for licensure may be issued 13 a temporary license to practice while the application is 14 pending. These licenses shall be valid only until the pending 15 licensee's application receives final adjudication by the 16 Department. 17 (b) No person shall be eligible for a pending license if 18 the person has committed an act that would be grounds for 19 discipline under this Act. Nothing in this Section restricts 20 the ability of the Department to determine an applicant's 21 fitness to practice. 22 (c) The Department may suspend, revoke, cancel, or 23 otherwise void any individual's pending license to practice if 24 doing so would prevent a substantial likelihood of public harm 25 or harm to the practice of social work as a whole. HB5353 - 17 - LRB103 38026 RTM 68158 b HB5353- 18 -LRB103 38026 RTM 68158 b HB5353 - 18 - LRB103 38026 RTM 68158 b HB5353 - 18 - LRB103 38026 RTM 68158 b 1 (d) The Department shall adopt rules to implement and 2 enforce this Section, including the establishment of 3 eligibility criteria for pending licenses. 4 (225 ILCS 107/50) 5 (Section scheduled to be repealed on January 1, 2028) 6 Sec. 50. Licenses; renewal; restoration; person in 7 military service; inactive status. 8 (a) The expiration date and renewal period for each 9 license issued under this Act shall be set by rule. As a 10 condition for renewal of a license, the licensee shall be 11 required to complete continuing education in accordance with 12 rules established by the Department and pay the current 13 renewal fee. 14 (b) Any person who has permitted a license to expire or who 15 has a license on inactive status may have it restored by 16 submitting an application to the Department and filing proof 17 of fitness acceptable to the Department, to have the license 18 restored, including, if appropriate, evidence which is 19 satisfactory to the Department certifying the active practice 20 of professional counseling or clinical professional counseling 21 in another jurisdiction and by paying the required fee. 22 (c) If the person has not maintained an active practice in 23 another jurisdiction which is satisfactory to the Department, 24 the Department shall determine, by rule, the person's fitness 25 to resume active status and shall establish procedures and HB5353 - 18 - LRB103 38026 RTM 68158 b HB5353- 19 -LRB103 38026 RTM 68158 b HB5353 - 19 - LRB103 38026 RTM 68158 b HB5353 - 19 - LRB103 38026 RTM 68158 b 1 requirements for restoration. The Department may issue a 2 pending license according to the requirements of Section 47 to 3 any person who applies for licensure restoration under this 4 subsection. 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) (Blank). 21 (g) Notwithstanding any other provision of law, the 22 following requirements for restoration of an inactive or 23 expired license of 5 years or less as set forth in subsections 24 (b), (c), and (f) are suspended for any licensed clinical 25 professional counselor who has had no disciplinary action 26 taken against his or her license in this State or in any other HB5353 - 19 - LRB103 38026 RTM 68158 b HB5353- 20 -LRB103 38026 RTM 68158 b HB5353 - 20 - LRB103 38026 RTM 68158 b HB5353 - 20 - LRB103 38026 RTM 68158 b 1 jurisdiction during the entire period of licensure: proof of 2 fitness, certification of active practice in another 3 jurisdiction, and the payment of a renewal fee. An individual 4 may not restore his or her license in accordance with this 5 subsection more than once. 6 (h) A person may request that his or her license be placed 7 on inactive status by notifying the Department in writing on 8 forms prescribed by the Department for that purpose. A person 9 whose license is on inactive status shall be excused from the 10 payment of renewal fees until the person notifies the 11 Department in writing of the intention to resume active 12 practice. 13 (i) The Department shall immediately, upon application, 14 restore the license of any individual whose license has 15 expired or is on inactive status for 5 years or less if the 16 individual does not have a history of disciplinary action 17 taken against the person's license. 18 (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; 19 103-154, eff. 6-30-23.) 20 (225 ILCS 107/52 new) 21 Sec. 52. Spouses of military members. 22 (a) For the purposes of this Section, "military spouse" 23 means the spouse of an active-duty member of the United States 24 Armed Forces. 25 (b) Military spouses meeting the eligibility criteria HB5353 - 20 - LRB103 38026 RTM 68158 b HB5353- 21 -LRB103 38026 RTM 68158 b HB5353 - 21 - LRB103 38026 RTM 68158 b HB5353 - 21 - LRB103 38026 RTM 68158 b 1 under this Act shall be granted temporary licensure to 2 practice as a professional counselor or clinical professional 3 counselor, with all of the rights, responsibilities, and 4 privileges afforded herein, while their expedited licensure 5 applications are under review. Temporary licensure shall be 6 valid for the duration of the military spouse's assignment in 7 this State or until expedited licensure process is completed. 8 (225 ILCS 107/72 new) 9 Sec. 72. Resident endorsement schedule. 10 (a) The Department shall establish and maintain a resident 11 endorsement schedule, which shall be a comprehensive list of 12 jurisdictions whose licensing requirements for professional 13 counselors and clinical professional counselors are 14 substantially equivalent to the requirements imposed on 15 residents of this State. The Department shall consider at 16 least the following components of a jurisdiction's licensure 17 requirements when developing the resident endorsement 18 schedule: education, supervised hours, completion of any 19 required examinations, and fitness to practice. 20 (b) Any applicant who is a resident of this State and who 21 holds a valid professional counselor or clinical professional 22 counselor license from a state listed on the resident 23 endorsement schedule shall be permitted to apply for licensure 24 using a simplified application process on forms prescribed by 25 the Department. The simplified application process shall HB5353 - 21 - LRB103 38026 RTM 68158 b HB5353- 22 -LRB103 38026 RTM 68158 b HB5353 - 22 - LRB103 38026 RTM 68158 b HB5353 - 22 - LRB103 38026 RTM 68158 b 1 involve reduced evidentiary requirements, minimizing 2 redundancy in the collection of information already verified 3 by the applicant's original licensing jurisdiction. 4 (c) If a jurisdiction listed on the resident endorsement 5 schedule imposes more stringent requirements for one component 6 of the professional licensing application process but is more 7 permissive in other components, then the Department shall 8 exercise discretion to waive any individual requirements that 9 are more stringent in the other jurisdiction. 10 (d) The resident endorsement schedule shall be updated 11 periodically, at least once per standard renewal cycle, to 12 reflect changes in licensing requirements in other 13 jurisdictions. HB5353- 23 -LRB103 38026 RTM 68158 b 1 INDEX 2 Statutes amended in order of appearance HB5353- 23 -LRB103 38026 RTM 68158 b HB5353 - 23 - LRB103 38026 RTM 68158 b 1 INDEX 2 Statutes amended in order of appearance HB5353- 23 -LRB103 38026 RTM 68158 b HB5353 - 23 - LRB103 38026 RTM 68158 b HB5353 - 23 - LRB103 38026 RTM 68158 b 1 INDEX 2 Statutes amended in order of appearance HB5353 - 22 - LRB103 38026 RTM 68158 b HB5353- 23 -LRB103 38026 RTM 68158 b HB5353 - 23 - LRB103 38026 RTM 68158 b HB5353 - 23 - LRB103 38026 RTM 68158 b 1 INDEX 2 Statutes amended in order of appearance HB5353 - 23 - LRB103 38026 RTM 68158 b