HB5353 EngrossedLRB103 38026 RTM 68158 b HB5353 Engrossed LRB103 38026 RTM 68158 b
HB5353 Engrossed 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 Civil Administrative Code of Illinois is
5 amended by changing Sections 5-10 and 5-715 and by adding
6 Section 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
9 Code of Illinois, unless the context clearly indicates
10 otherwise, the word "director" means the several directors of
11 the departments of State government as designated in Section
12 5-20 of this Law and includes the Secretary of Financial and
13 Professional Regulation, the Secretary of Innovation and
14 Technology, the Secretary of Human Services, and the Secretary
15 of Transportation.
16 (Source: P.A. 100-611, eff. 7-20-18.)
17 (20 ILCS 5/5-715)
18 Sec. 5-715. Expedited licensure for service members and
19 spouses.
20 (a) In this Section: ,
21 "Service service member" means any person who, at the time
22 of application under this Section, is an active duty member of
HB5353 Engrossed LRB103 38026 RTM 68158 b
HB5353 Engrossed- 2 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 2 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 2 - LRB103 38026 RTM 68158 b
1 the United States Armed Forces or any reserve component of the
2 United States Armed Forces, the Coast Guard, or the National
3 Guard of any state, commonwealth, or territory of the United
4 States or the District of Columbia or whose active duty
5 service concluded within the preceding 2 years before
6 application.
7 "Spouse" means a party to a marriage, civil union, or
8 registered domestic partnership.
9 (a-5) The Department of Financial and Professional
10 Regulation shall within 180 days after January 1, 2020 (the
11 effective date of Public Act 101-240) designate one staff
12 member as the military liaison within the Department of
13 Financial and Professional Regulation to ensure proper
14 enactment of the requirements of this Section. The military
15 liaison's responsibilities shall also include, but are not
16 limited to: (1) the management of all expedited applications
17 to ensure processing within 30 days after receipt of a
18 completed application; (2) the management and oversight of all
19 military portability licenses issued under Section 5-717; (3) ,
20 including notification of federal assistance programs
21 available to reimburse costs associated with applicable
22 licensing fees and professional credentials for service
23 members and their families pursuant to Section 556 of Public
24 Law 115-91, or any related federal program; (4) (2)
25 coordination with all military installation military and
26 family support center directors within this State, including
HB5353 Engrossed - 2 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 3 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 3 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 3 - LRB103 38026 RTM 68158 b
1 virtual, phone, or in-person periodic meetings with each
2 military installation military and family support center; and
3 (5) (3) training by the military liaison to all directors of
4 each division that issues an occupational or professional
5 license to ensure proper application of this Section. At the
6 end of each calendar year, the military liaison shall provide
7 an annual report documenting the expedited licensure program
8 for service members and spouses, and shall deliver that report
9 to the Secretary of Financial and Professional Regulation and
10 the Lieutenant Governor.
11 (b) Each director of a department that issues an
12 occupational or professional license is authorized to and
13 shall issue an expedited license to a service member who meets
14 the requirements under this Section and Section 2105-135 of
15 the Department of Professional Regulation Law of the Civil
16 Administrative Code of Illinois or a spouse of a service
17 member who meets those requirements. Review and determination
18 of an application for a license issued by the department shall
19 be expedited by the department within 30 days after the date on
20 which the department receives all necessary documentation
21 required for licensure, including any required information
22 from State and federal agencies. An expedited license shall be
23 issued by the department to a service member who meets any
24 service members meeting the application requirements of this
25 Section or a spouse of a service member who meets those
26 requirements, regardless of whether the service member or the
HB5353 Engrossed - 3 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 4 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 4 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 4 - LRB103 38026 RTM 68158 b
1 service member's spouse currently resides in this State. The
2 service member or the service member's spouse shall apply to
3 the department on forms provided by the department. An
4 application must include proof that:
5 (1) the applicant is a service member or the spouse of
6 a service member;
7 (2) the applicant holds a valid license in good
8 standing for the occupation or profession issued by
9 another state, commonwealth, possession, or territory of
10 the United States, the District of Columbia, or any
11 foreign jurisdiction;
12 (2.5) the applicant meets the requirements and
13 standards for licensure through endorsement, or
14 reciprocity, or portability for the occupation or
15 profession for which the applicant is applying;
16 (3) the applicant or the applicant's spouse is
17 assigned to a duty station in this State, has established
18 legal residence in this State, or will reside in this
19 State within 6 months after the date of application for
20 licensure;
21 (4) a complete set of the applicant's fingerprints has
22 been submitted to the Illinois State Police for statewide
23 and national criminal history checks, if applicable to the
24 requirements of the department issuing the license; the
25 applicant shall pay the fee to the Illinois State Police
26 or to the fingerprint vendor for electronic fingerprint
HB5353 Engrossed - 4 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 5 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 5 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 5 - LRB103 38026 RTM 68158 b
1 processing; no temporary occupational or professional
2 license shall be issued to an applicant if the statewide
3 or national criminal history check discloses information
4 that would cause the denial of an application for
5 licensure under any applicable occupational or
6 professional licensing Act;
7 (5) the applicant is not ineligible for licensure
8 pursuant to Section 2105-165 of the Department of
9 Professional Regulation Law of the Civil Administrative
10 Code of Illinois;
11 (6) the applicant has submitted an application for
12 full licensure; and
13 (7) the applicant has paid the required fee; fees
14 shall not be refundable.
15 (c) (Blank). Each director of a department that issues an
16 occupational or professional license is authorized to and
17 shall issue an expedited license to the spouse of a service
18 member who meets the requirements under this Section. Review
19 and determination of an application for a license shall be
20 expedited by the department within 30 days after the date on
21 which the department receives all necessary documentation
22 required for licensure, including information from State and
23 federal agencies. An expedited license shall be issued by the
24 department to any spouse of a service member meeting the
25 application requirements of this Section, regardless of
26 whether the spouse or the service member currently resides in
HB5353 Engrossed - 5 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 6 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 6 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 6 - LRB103 38026 RTM 68158 b
1 this State. The spouse of a service member shall apply to the
2 department on forms provided by the department. An application
3 must include proof that:
4 (1) the applicant is the spouse of a service member;
5 (2) the applicant holds a valid license in good
6 standing for the occupation or profession issued by
7 another state, commonwealth, possession, or territory of
8 the United States, the District of Columbia, or any
9 foreign jurisdiction;
10 (2.5) the applicant meets the requirements and
11 standards for licensure through endorsement or reciprocity
12 for the occupation or profession for which the applicant
13 is applying;
14 (3) the applicant's spouse is assigned to a duty
15 station in this State, has established legal residence in
16 this State, or will reside in this State within 6 months
17 after the date of application for licensure;
18 (4) a complete set of the applicant's fingerprints has
19 been submitted to the Illinois State Police for statewide
20 and national criminal history checks, if applicable to the
21 requirements of the department issuing the license; the
22 applicant shall pay the fee to the Illinois State Police
23 or to the fingerprint vendor for electronic fingerprint
24 processing; no temporary occupational or professional
25 license shall be issued to an applicant if the statewide
26 or national criminal history check discloses information
HB5353 Engrossed - 6 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 7 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 7 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 7 - LRB103 38026 RTM 68158 b
1 that would cause the denial of an application for
2 licensure under any applicable occupational or
3 professional licensing Act;
4 (5) the applicant is not ineligible for licensure
5 pursuant to Section 2105-165 of the Civil Administrative
6 Code of Illinois;
7 (6) the applicant has submitted an application for
8 full licensure; and
9 (7) the applicant has paid the required fee; fees
10 shall not be refundable.
11 (c-5) If a service member or a service member's his or her
12 spouse relocates from this State, then the service member or
13 the service member's spouse he or she shall be provided an
14 opportunity to place the service member's or the service
15 member's spouse's his or her license in inactive status
16 through coordination with the military liaison. If the service
17 member or the service member's his or her spouse returns to
18 this State, then the service member or the service member's
19 spouse he or she may reactivate the license in accordance with
20 the statutory provisions regulating the profession and any
21 applicable administrative rules. The license reactivation
22 shall be expedited and completed within 30 days after receipt
23 of a completed application to reactivate the license. A
24 license reactivation is only applicable when the valid license
25 for which the first issuance of a license was predicated is
26 still valid and in good standing. An application to reactivate
HB5353 Engrossed - 7 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 8 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 8 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 8 - LRB103 38026 RTM 68158 b
1 a license must include proof that the applicant still holds a
2 valid license in good standing for the occupation or
3 profession issued in another State, commonwealth, possession,
4 or territory of the United States, the District of Columbia,
5 or any foreign jurisdiction. The ability to reactivate a
6 license does not apply to a military portability license
7 issued under Section 5-717.
8 (d) All relevant experience of a service member or a
9 service member's his or her spouse in the discharge of
10 official duties, including full-time and part-time experience,
11 shall be credited in the calculation of any years of practice
12 in an occupation or profession as may be required under any
13 applicable occupational or professional licensing Act. All
14 relevant training provided by the military and completed by a
15 service member shall be credited to that service member as
16 meeting any training or education requirement under any
17 applicable occupational or professional licensing Act,
18 provided that the training or education is determined by the
19 department to meet the requirements under any applicable Act
20 and is not otherwise contrary to any other licensure
21 requirement.
22 (e) A department may adopt any rules necessary for the
23 implementation and administration of this Section and shall by
24 rule provide for fees for the administration of this Section.
25 (Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21;
26 102-813, eff. 5-13-22; 103-408, eff. 7-28-23.)
HB5353 Engrossed - 8 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 9 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 9 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 9 - LRB103 38026 RTM 68158 b
1 (20 ILCS 5/5-717 new)
2 Sec. 5-717. Military portability licensure for service
3 members and service members' spouses.
4 (a) In this Section:
5 "Division" the Division of Professional Regulation of the
6 Department of Financial and Professional Regulation or the
7 Division of Real Estate of the Department of Financial and
8 Professional Regulation.
9 "Service member" means any person who, at the time of
10 application under this Section, is an active duty member of
11 the United States Armed Forces or any reserve component of the
12 United States Armed Forces, the Coast Guard, or the National
13 Guard of any state, commonwealth, or territory of the United
14 States or the District of Columbia.
15 "Spouse" means a party to a marriage, civil union, or
16 registered domestic partnership.
17 (b) The Department of Financial and Professional
18 Regulation is authorized to issue a professional portability
19 license to (1) a service member who is an out-of-state
20 licensee and is under official United States military orders
21 to relocate to the State of Illinois or (2) an out-of-state
22 licensee whose spouse is a service member under official
23 United States military orders to relocate to the State of
24 Illinois. The service member or the service member's spouse
25 need not reside in this State at the time of application.
HB5353 Engrossed - 9 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 10 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 10 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 10 - LRB103 38026 RTM 68158 b
1 Notwithstanding any other law to the contrary, the portability
2 license shall be issued by the Division only if the applicant
3 fulfills all the requirements of this Section and Section
4 2105-135 of the Department of Professional Regulation Law of
5 the Civil Administrative Code of Illinois.
6 (c) The portability license shall be issued after a
7 complete application is submitted to the Division that
8 includes proof of the following:
9 (1) The applicant is a service member or the spouse of
10 a service member.
11 (2) The applicant or applicant's spouse is assigned to
12 a duty station in this State, has established legal
13 residence or will reside in this State pursuant to
14 military relocation orders after the date of application,
15 and can provide an official copy of those orders.
16 (3) The applicant's license is in good standing and is
17 not subject to a disciplinary order encumbering the
18 license in any other state, commonwealth, district, or
19 territory of the United States or any foreign jurisdiction
20 where the applicant holds a license and practices in the
21 same profession with the same or similar scope of practice
22 for which the applicant is applying, and the applicant can
23 submit official verification of good standing and
24 disciplinary history from each of those licensing
25 authorities. For health care professional applicants, the
26 Division's review of good standing is governed by this
HB5353 Engrossed - 10 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 11 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 11 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 11 - LRB103 38026 RTM 68158 b
1 subsection, subsection (h), and all other applicable State
2 laws and rules.
3 (4) The applicant was actively licensed in the same
4 profession with the same or similar scope of practice for
5 which the applicant is applying for at least 2 years
6 immediately preceding the relocation.
7 (5) A complete set of the applicant's fingerprints has
8 been submitted to the Illinois State Police for statewide
9 and national criminal history checks, if applicable to the
10 requirements of the professional regulatory Act. The
11 applicant shall pay the fee to the Illinois State Police
12 or to the vendor for electronic fingerprint processing. No
13 license shall be issued to an applicant if any review of
14 criminal history or disclosure would cause the denial of
15 an application for licensure under the applicable
16 licensing Act.
17 (6) The applicant has submitted the application for
18 portability licensure and paid the required, nonrefundable
19 initial application fee for that profession under its
20 respective Act and rules.
21 (d) Service members or the spouses of service members
22 granted portability licenses under this Section shall submit
23 to the jurisdiction of the Division for purposes of the laws
24 and rules administered, related standards of practice, and
25 disciplinary authority. A license granted under this Section
26 is subject to all statutes, rules, and regulations governing
HB5353 Engrossed - 11 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 12 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 12 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 12 - LRB103 38026 RTM 68158 b
1 the license. This includes compliance with renewal and
2 continuing education requirements of the licensing act and
3 rules adopted during the period of licensure.
4 (e) Notwithstanding any other law, if the Division finds
5 that the applicant failed to meet the requirements of
6 subsection (c) or provided inaccurate or misleading
7 information on the application, the Division may suspend the
8 license pending further investigation or notice to discipline
9 the portability license.
10 (f)(1) The duration of the portability license is from
11 issuance through the next renewal period for that regulated
12 profession. At the time of the license's renewal, the service
13 member or the service member's spouse may apply for another
14 portability license if the military orders continue or are
15 extended past the renewal date or if new orders are given for
16 duty in this State. While the portability license is held, the
17 service member or the service member's spouse may apply for
18 full licensure by examination, endorsement, or reciprocity
19 pursuant to the service member's or the service member's
20 spouse's respective professional licensing Act or rules.
21 (2) Once a portability license has expired or is not
22 renewed, the service member or the service member's spouse
23 cannot continue practicing in this State until the service
24 member or the service member's spouse obtains licensure by
25 examination, endorsement, or reciprocity, which includes
26 completion and passage of all pre-license education and
HB5353 Engrossed - 12 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 13 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 13 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 13 - LRB103 38026 RTM 68158 b
1 examination requirements under the applicable professional
2 licensing Act and rules.
3 (g) An individual is ineligible to apply under this
4 Section if:
5 (1) the individual is disqualified under Section
6 2105-165;
7 (2) the license the individual is seeking is subject
8 to an interstate compact; or
9 (3) the individual seeks a real estate appraiser
10 license.
11 (h) All service members and the spouses of service members
12 who apply under this Section and Section 5-715 who are
13 licensed in another jurisdiction as health care professionals,
14 and who are seeking a health care professional license
15 regulated by the Division and subject to the applicable
16 licensing Acts shall not be denied an initial or renewal
17 license:
18 (1) if the applicant has a prior, current, or pending
19 disciplinary action in another jurisdiction solely based
20 on providing, authorizing, recommending, aiding,
21 assisting, referring for, or otherwise participating in
22 health care services that are not unlawful in this State
23 and consistent with the standards of conduct in Illinois;
24 (2) if the applicant has a prior, current, or pending
25 disciplinary action in another jurisdiction solely based
26 on violating another jurisdiction or state's laws
HB5353 Engrossed - 13 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 14 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 14 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 14 - LRB103 38026 RTM 68158 b
1 prohibiting the provision of, authorization of,
2 recommendation of, aiding or assisting in, referring for,
3 or participation in any health care service if that
4 service as provided is not unlawful under the laws of this
5 State and is consistent with the standards of conduct in
6 Illinois; or
7 (3) based solely upon the applicant providing,
8 authorizing, recommending, aiding, assisting, referring
9 for, or otherwise participating in health care services
10 that are not unlawful in this State and consistent with
11 the standards of conduct in Illinois.
12 Nothing in this subsection shall be construed as
13 prohibiting the Division from evaluating the applicant's
14 conduct and disciplinary history and making a determination
15 regarding the licensure or authorization to practice.
16 (i) The Department of Financial and Professional
17 Regulation may adopt rules necessary for the implementation
18 and administration of this Section.
19 Section 10. The Clinical Social Work and Social Work
20 Practice Act is amended by changing Section 8 as follows:
21 (225 ILCS 20/8) (from Ch. 111, par. 6358)
22 (Section scheduled to be repealed on January 1, 2028)
23 Sec. 8. Examination.
24 (1) The Department shall authorize examinations of
HB5353 Engrossed - 14 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 15 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 15 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 15 - LRB103 38026 RTM 68158 b
1 applicants at such times and places as it may determine. Each
2 examination shall be of a character to fairly test the
3 competence and qualifications of the applicants to practice as
4 a licensed clinical social worker.
5 (2) Applicants for examination shall pay, either to the
6 Department or to the designated testing service, a fee
7 covering the cost of determining the applicant's eligibility
8 and of providing the examination. Failure to appear for the
9 examination on the scheduled date at the time and place
10 specified after the applicant's application for examination
11 has been received and acknowledged by the Department or the
12 designated testing service shall result in forfeiture of the
13 examination fee.
14 (3) (Blank).
15 (4) The Department may employ consultants for the purpose
16 of preparing and conducting examinations.
17 (5) (Blank). An applicant has one year from the date of
18 notification of successful completion of the examination to
19 apply to the Department for a license. If an applicant fails to
20 apply within one year, the examination scores shall be void
21 and the applicant shall be required to take and pass the
22 examination again unless licensed in another jurisdiction of
23 the United States within one year of passing the examination.
24 (6) (Blank).
25 (7) The Department shall, upon good faith application and
26 the submission of any required documentation and fees, approve
HB5353 Engrossed - 15 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 16 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 16 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 16 - LRB103 38026 RTM 68158 b
1 all examination applications and notify the relevant testing
2 authorities of the applicant's authorization to take the exam.
3 Approval to take the examination is not approval of the
4 application.
5 (Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.)
6 Section 15. The Marriage and Family Therapy Licensing Act
7 is amended by changing Section 35 as follows:
8 (225 ILCS 55/35) (from Ch. 111, par. 8351-35)
9 (Section scheduled to be repealed on January 1, 2027)
10 Sec. 35. Examinations.
11 (a) The Department shall authorize examinations of
12 applicants as licensed marriage and family therapists at such
13 times and places as it may determine. The examination of
14 applicants shall be of a character to give a fair test of the
15 qualifications of the applicant to practice marriage and
16 family therapy.
17 (b) Applicants for examination as marriage and family
18 therapists shall be required to pay, either to the Department
19 or the designated testing service, a fee covering the cost of
20 providing the examination.
21 (c) The Department may employ consultants for the purpose
22 of preparing and conducting examinations.
23 (d) The Department shall, upon good faith application and
24 the submission of any required documentation and fees, approve
HB5353 Engrossed - 16 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 17 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 17 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 17 - LRB103 38026 RTM 68158 b
1 all examination applications and notify the relevant testing
2 authorities of the applicant's authorization to take the exam.
3 Approval to take the examination is not approval of the
4 application.
5 (Source: P.A. 87-783; 87-1237.)
6 Section 20. The Professional Counselor and Clinical
7 Professional Counselor Licensing and Practice Act is amended
8 by changing Section 40 as follows:
9 (225 ILCS 107/40)
10 (Section scheduled to be repealed on January 1, 2028)
11 Sec. 40. Examination; failure or refusal to take
12 examination.
13 (a) The Department shall authorize examinations of
14 applicants at such times and places as it may determine. The
15 examinations shall be of a character to fairly test the
16 competence and qualifications of the applicants to practice
17 professional counseling or clinical professional counseling.
18 (b) Applicants for examination shall pay, either to the
19 Department or to the designated testing service, a fee
20 covering the cost of providing the examination. Failure to
21 appear for the examination on the scheduled date at the time
22 and place specified after the applicant's application for
23 examination has been received and acknowledged by the
24 Department or the designated testing service shall result in
HB5353 Engrossed - 17 - LRB103 38026 RTM 68158 b
HB5353 Engrossed- 18 -LRB103 38026 RTM 68158 b HB5353 Engrossed - 18 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 18 - LRB103 38026 RTM 68158 b
HB5353 Engrossed - 18 - LRB103 38026 RTM 68158 b