| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0708 | |
| 2 | 1 | HB5353 EnrolledLRB103 38026 RTM 68158 b HB5353 Enrolled LRB103 38026 RTM 68158 b | |
| 3 | 2 | HB5353 Enrolled LRB103 38026 RTM 68158 b | |
| 4 | - | AN ACT concerning regulation. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Civil Administrative Code of Illinois is | |
| 8 | - | amended by changing Sections 5-10 and 5-715 and by adding | |
| 9 | - | Section 5-717 as follows: | |
| 10 | - | (20 ILCS 5/5-10) (was 20 ILCS 5/2.1) | |
| 11 | - | Sec. 5-10. "Director". As used in the Civil Administrative | |
| 12 | - | Code of Illinois, unless the context clearly indicates | |
| 13 | - | otherwise, the word "director" means the several directors of | |
| 14 | - | the departments of State government as designated in Section | |
| 15 | - | 5-20 of this Law and includes the Secretary of Financial and | |
| 16 | - | Professional Regulation, the Secretary of Innovation and | |
| 17 | - | Technology, the Secretary of Human Services, and the Secretary | |
| 18 | - | of Transportation. | |
| 19 | - | (Source: P.A. 100-611, eff. 7-20-18.) | |
| 20 | - | (20 ILCS 5/5-715) | |
| 21 | - | Sec. 5-715. Expedited licensure for service members and | |
| 22 | - | spouses. | |
| 23 | - | (a) In this Section: , | |
| 24 | - | "Service service member" means any person who, at the time | |
| 25 | - | of application under this Section, is an active duty member of | |
| 3 | + | 1 AN ACT concerning regulation. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Civil Administrative Code of Illinois is | |
| 7 | + | 5 amended by changing Sections 5-10 and 5-715 and by adding | |
| 8 | + | 6 Section 5-717 as follows: | |
| 9 | + | 7 (20 ILCS 5/5-10) (was 20 ILCS 5/2.1) | |
| 10 | + | 8 Sec. 5-10. "Director". As used in the Civil Administrative | |
| 11 | + | 9 Code of Illinois, unless the context clearly indicates | |
| 12 | + | 10 otherwise, the word "director" means the several directors of | |
| 13 | + | 11 the departments of State government as designated in Section | |
| 14 | + | 12 5-20 of this Law and includes the Secretary of Financial and | |
| 15 | + | 13 Professional Regulation, the Secretary of Innovation and | |
| 16 | + | 14 Technology, the Secretary of Human Services, and the Secretary | |
| 17 | + | 15 of Transportation. | |
| 18 | + | 16 (Source: P.A. 100-611, eff. 7-20-18.) | |
| 19 | + | 17 (20 ILCS 5/5-715) | |
| 20 | + | 18 Sec. 5-715. Expedited licensure for service members and | |
| 21 | + | 19 spouses. | |
| 22 | + | 20 (a) In this Section: , | |
| 23 | + | 21 "Service service member" means any person who, at the time | |
| 24 | + | 22 of application under this Section, is an active duty member of | |
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | HB5353 Enrolled LRB103 38026 RTM 68158 b | |
| 30 | 29 | ||
| 31 | 30 | ||
| 32 | - | the United States Armed Forces or any reserve component of the | |
| 33 | - | United States Armed Forces, the Coast Guard, or the National | |
| 34 | - | Guard of any state, commonwealth, or territory of the United | |
| 35 | - | States or the District of Columbia or whose active duty | |
| 36 | - | service concluded within the preceding 2 years before | |
| 37 | - | application. | |
| 38 | - | "Spouse" means a party to a marriage, civil union, or | |
| 39 | - | registered domestic partnership. | |
| 40 | - | (a-5) The Department of Financial and Professional | |
| 41 | - | Regulation shall within 180 days after January 1, 2020 (the | |
| 42 | - | effective date of Public Act 101-240) designate one staff | |
| 43 | - | member as the military liaison within the Department of | |
| 44 | - | Financial and Professional Regulation to ensure proper | |
| 45 | - | enactment of the requirements of this Section. The military | |
| 46 | - | liaison's responsibilities shall also include, but are not | |
| 47 | - | limited to: (1) the management of all expedited applications | |
| 48 | - | to ensure processing within 30 days after receipt of a | |
| 49 | - | completed application; (2) the management and oversight of all | |
| 50 | - | military portability licenses issued under Section 5-717; (3) , | |
| 51 | - | including notification of federal assistance programs | |
| 52 | - | available to reimburse costs associated with applicable | |
| 53 | - | licensing fees and professional credentials for service | |
| 54 | - | members and their families pursuant to Section 556 of Public | |
| 55 | - | Law 115-91, or any related federal program; (4) (2) | |
| 56 | - | coordination with all military installation military and | |
| 57 | - | family support center directors within this State, including | |
| 31 | + | HB5353 Enrolled- 2 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 2 - LRB103 38026 RTM 68158 b | |
| 32 | + | HB5353 Enrolled - 2 - LRB103 38026 RTM 68158 b | |
| 33 | + | 1 the United States Armed Forces or any reserve component of the | |
| 34 | + | 2 United States Armed Forces, the Coast Guard, or the National | |
| 35 | + | 3 Guard of any state, commonwealth, or territory of the United | |
| 36 | + | 4 States or the District of Columbia or whose active duty | |
| 37 | + | 5 service concluded within the preceding 2 years before | |
| 38 | + | 6 application. | |
| 39 | + | 7 "Spouse" means a party to a marriage, civil union, or | |
| 40 | + | 8 registered domestic partnership. | |
| 41 | + | 9 (a-5) The Department of Financial and Professional | |
| 42 | + | 10 Regulation shall within 180 days after January 1, 2020 (the | |
| 43 | + | 11 effective date of Public Act 101-240) designate one staff | |
| 44 | + | 12 member as the military liaison within the Department of | |
| 45 | + | 13 Financial and Professional Regulation to ensure proper | |
| 46 | + | 14 enactment of the requirements of this Section. The military | |
| 47 | + | 15 liaison's responsibilities shall also include, but are not | |
| 48 | + | 16 limited to: (1) the management of all expedited applications | |
| 49 | + | 17 to ensure processing within 30 days after receipt of a | |
| 50 | + | 18 completed application; (2) the management and oversight of all | |
| 51 | + | 19 military portability licenses issued under Section 5-717; (3) , | |
| 52 | + | 20 including notification of federal assistance programs | |
| 53 | + | 21 available to reimburse costs associated with applicable | |
| 54 | + | 22 licensing fees and professional credentials for service | |
| 55 | + | 23 members and their families pursuant to Section 556 of Public | |
| 56 | + | 24 Law 115-91, or any related federal program; (4) (2) | |
| 57 | + | 25 coordination with all military installation military and | |
| 58 | + | 26 family support center directors within this State, including | |
| 58 | 59 | ||
| 59 | 60 | ||
| 60 | - | virtual, phone, or in-person periodic meetings with each | |
| 61 | - | military installation military and family support center; and | |
| 62 | - | (5) (3) training by the military liaison to all directors of | |
| 63 | - | each division that issues an occupational or professional | |
| 64 | - | license to ensure proper application of this Section. At the | |
| 65 | - | end of each calendar year, the military liaison shall provide | |
| 66 | - | an annual report documenting the expedited licensure program | |
| 67 | - | for service members and spouses, and shall deliver that report | |
| 68 | - | to the Secretary of Financial and Professional Regulation and | |
| 69 | - | the Lieutenant Governor. | |
| 70 | - | (b) Each director of a department that issues an | |
| 71 | - | occupational or professional license is authorized to and | |
| 72 | - | shall issue an expedited license to a service member who meets | |
| 73 | - | the requirements under this Section and Section 2105-135 of | |
| 74 | - | the Department of Professional Regulation Law of the Civil | |
| 75 | - | Administrative Code of Illinois or a spouse of a service | |
| 76 | - | member who meets those requirements. Review and determination | |
| 77 | - | of an application for a license issued by the department shall | |
| 78 | - | be expedited by the department within 30 days after the date on | |
| 79 | - | which the department receives all necessary documentation | |
| 80 | - | required for licensure, including any required information | |
| 81 | - | from State and federal agencies. An expedited license shall be | |
| 82 | - | issued by the department to a service member who meets any | |
| 83 | - | service members meeting the application requirements of this | |
| 84 | - | Section or a spouse of a service member who meets those | |
| 85 | - | requirements, regardless of whether the service member or the | |
| 86 | 61 | ||
| 87 | 62 | ||
| 88 | - | service member's spouse currently resides in this State. The | |
| 89 | - | service member or the service member's spouse shall apply to | |
| 90 | - | the department on forms provided by the department. An | |
| 91 | - | application must include proof that: | |
| 92 | - | (1) the applicant is a service member or the spouse of | |
| 93 | - | a service member; | |
| 94 | - | (2) the applicant holds a valid license in good | |
| 95 | - | standing for the occupation or profession issued by | |
| 96 | - | another state, commonwealth, possession, or territory of | |
| 97 | - | the United States, the District of Columbia, or any | |
| 98 | - | foreign jurisdiction; | |
| 99 | - | (2.5) the applicant meets the requirements and | |
| 100 | - | standards for licensure through endorsement, or | |
| 101 | - | reciprocity, or portability for the occupation or | |
| 102 | - | profession for which the applicant is applying; | |
| 103 | - | (3) the applicant or the applicant's spouse is | |
| 104 | - | assigned to a duty station in this State, has established | |
| 105 | - | legal residence in this State, or will reside in this | |
| 106 | - | State within 6 months after the date of application for | |
| 107 | - | licensure; | |
| 108 | - | (4) a complete set of the applicant's fingerprints has | |
| 109 | - | been submitted to the Illinois State Police for statewide | |
| 110 | - | and national criminal history checks, if applicable to the | |
| 111 | - | requirements of the department issuing the license; the | |
| 112 | - | applicant shall pay the fee to the Illinois State Police | |
| 113 | - | or to the fingerprint vendor for electronic fingerprint | |
| 63 | + | ||
| 64 | + | HB5353 Enrolled - 2 - LRB103 38026 RTM 68158 b | |
| 114 | 65 | ||
| 115 | 66 | ||
| 116 | - | processing; no temporary occupational or professional | |
| 117 | - | license shall be issued to an applicant if the statewide | |
| 118 | - | or national criminal history check discloses information | |
| 119 | - | that would cause the denial of an application for | |
| 120 | - | licensure under any applicable occupational or | |
| 121 | - | professional licensing Act; | |
| 122 | - | (5) the applicant is not ineligible for licensure | |
| 123 | - | pursuant to Section 2105-165 of the Department of | |
| 124 | - | Professional Regulation Law of the Civil Administrative | |
| 125 | - | Code of Illinois; | |
| 126 | - | (6) the applicant has submitted an application for | |
| 127 | - | full licensure; and | |
| 128 | - | (7) the applicant has paid the required fee; fees | |
| 129 | - | shall not be refundable. | |
| 130 | - | (c) (Blank). Each director of a department that issues an | |
| 131 | - | occupational or professional license is authorized to and | |
| 132 | - | shall issue an expedited license to the spouse of a service | |
| 133 | - | member who meets the requirements under this Section. Review | |
| 134 | - | and determination of an application for a license shall be | |
| 135 | - | expedited by the department within 30 days after the date on | |
| 136 | - | which the department receives all necessary documentation | |
| 137 | - | required for licensure, including information from State and | |
| 138 | - | federal agencies. An expedited license shall be issued by the | |
| 139 | - | department to any spouse of a service member meeting the | |
| 140 | - | application requirements of this Section, regardless of | |
| 141 | - | whether the spouse or the service member currently resides in | |
| 67 | + | HB5353 Enrolled- 3 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 3 - LRB103 38026 RTM 68158 b | |
| 68 | + | HB5353 Enrolled - 3 - LRB103 38026 RTM 68158 b | |
| 69 | + | 1 virtual, phone, or in-person periodic meetings with each | |
| 70 | + | 2 military installation military and family support center; and | |
| 71 | + | 3 (5) (3) training by the military liaison to all directors of | |
| 72 | + | 4 each division that issues an occupational or professional | |
| 73 | + | 5 license to ensure proper application of this Section. At the | |
| 74 | + | 6 end of each calendar year, the military liaison shall provide | |
| 75 | + | 7 an annual report documenting the expedited licensure program | |
| 76 | + | 8 for service members and spouses, and shall deliver that report | |
| 77 | + | 9 to the Secretary of Financial and Professional Regulation and | |
| 78 | + | 10 the Lieutenant Governor. | |
| 79 | + | 11 (b) Each director of a department that issues an | |
| 80 | + | 12 occupational or professional license is authorized to and | |
| 81 | + | 13 shall issue an expedited license to a service member who meets | |
| 82 | + | 14 the requirements under this Section and Section 2105-135 of | |
| 83 | + | 15 the Department of Professional Regulation Law of the Civil | |
| 84 | + | 16 Administrative Code of Illinois or a spouse of a service | |
| 85 | + | 17 member who meets those requirements. Review and determination | |
| 86 | + | 18 of an application for a license issued by the department shall | |
| 87 | + | 19 be expedited by the department within 30 days after the date on | |
| 88 | + | 20 which the department receives all necessary documentation | |
| 89 | + | 21 required for licensure, including any required information | |
| 90 | + | 22 from State and federal agencies. An expedited license shall be | |
| 91 | + | 23 issued by the department to a service member who meets any | |
| 92 | + | 24 service members meeting the application requirements of this | |
| 93 | + | 25 Section or a spouse of a service member who meets those | |
| 94 | + | 26 requirements, regardless of whether the service member or the | |
| 142 | 95 | ||
| 143 | 96 | ||
| 144 | - | this State. The spouse of a service member shall apply to the | |
| 145 | - | department on forms provided by the department. An application | |
| 146 | - | must include proof that: | |
| 147 | - | (1) the applicant is the spouse of a service member; | |
| 148 | - | (2) the applicant holds a valid license in good | |
| 149 | - | standing for the occupation or profession issued by | |
| 150 | - | another state, commonwealth, possession, or territory of | |
| 151 | - | the United States, the District of Columbia, or any | |
| 152 | - | foreign jurisdiction; | |
| 153 | - | (2.5) the applicant meets the requirements and | |
| 154 | - | standards for licensure through endorsement or reciprocity | |
| 155 | - | for the occupation or profession for which the applicant | |
| 156 | - | is applying; | |
| 157 | - | (3) the applicant's spouse is assigned to a duty | |
| 158 | - | station in this State, has established legal residence in | |
| 159 | - | this State, or will reside in this State within 6 months | |
| 160 | - | after the date of application for licensure; | |
| 161 | - | (4) a complete set of the applicant's fingerprints has | |
| 162 | - | been submitted to the Illinois State Police for statewide | |
| 163 | - | and national criminal history checks, if applicable to the | |
| 164 | - | requirements of the department issuing the license; the | |
| 165 | - | applicant shall pay the fee to the Illinois State Police | |
| 166 | - | or to the fingerprint vendor for electronic fingerprint | |
| 167 | - | processing; no temporary occupational or professional | |
| 168 | - | license shall be issued to an applicant if the statewide | |
| 169 | - | or national criminal history check discloses information | |
| 170 | 97 | ||
| 171 | 98 | ||
| 172 | - | that would cause the denial of an application for | |
| 173 | - | licensure under any applicable occupational or | |
| 174 | - | professional licensing Act; | |
| 175 | - | (5) the applicant is not ineligible for licensure | |
| 176 | - | pursuant to Section 2105-165 of the Civil Administrative | |
| 177 | - | Code of Illinois; | |
| 178 | - | (6) the applicant has submitted an application for | |
| 179 | - | full licensure; and | |
| 180 | - | (7) the applicant has paid the required fee; fees | |
| 181 | - | shall not be refundable. | |
| 182 | - | (c-5) If a service member or a service member's his or her | |
| 183 | - | spouse relocates from this State, then the service member or | |
| 184 | - | the service member's spouse he or she shall be provided an | |
| 185 | - | opportunity to place the service member's or the service | |
| 186 | - | member's spouse's his or her license in inactive status | |
| 187 | - | through coordination with the military liaison. If the service | |
| 188 | - | member or the service member's his or her spouse returns to | |
| 189 | - | this State, then the service member or the service member's | |
| 190 | - | spouse he or she may reactivate the license in accordance with | |
| 191 | - | the statutory provisions regulating the profession and any | |
| 192 | - | applicable administrative rules. The license reactivation | |
| 193 | - | shall be expedited and completed within 30 days after receipt | |
| 194 | - | of a completed application to reactivate the license. A | |
| 195 | - | license reactivation is only applicable when the valid license | |
| 196 | - | for which the first issuance of a license was predicated is | |
| 197 | - | still valid and in good standing. An application to reactivate | |
| 99 | + | ||
| 100 | + | HB5353 Enrolled - 3 - LRB103 38026 RTM 68158 b | |
| 198 | 101 | ||
| 199 | 102 | ||
| 200 | - | a license must include proof that the applicant still holds a | |
| 201 | - | valid license in good standing for the occupation or | |
| 202 | - | profession issued in another State, commonwealth, possession, | |
| 203 | - | or territory of the United States, the District of Columbia, | |
| 204 | - | or any foreign jurisdiction. The ability to reactivate a | |
| 205 | - | license does not apply to a military portability license | |
| 206 | - | issued under Section 5-717. | |
| 207 | - | (d) All relevant experience of a service member or a | |
| 208 | - | service member's his or her spouse in the discharge of | |
| 209 | - | official duties, including full-time and part-time experience, | |
| 210 | - | shall be credited in the calculation of any years of practice | |
| 211 | - | in an occupation or profession as may be required under any | |
| 212 | - | applicable occupational or professional licensing Act. All | |
| 213 | - | relevant training provided by the military and completed by a | |
| 214 | - | service member shall be credited to that service member as | |
| 215 | - | meeting any training or education requirement under any | |
| 216 | - | applicable occupational or professional licensing Act, | |
| 217 | - | provided that the training or education is determined by the | |
| 218 | - | department to meet the requirements under any applicable Act | |
| 219 | - | and is not otherwise contrary to any other licensure | |
| 220 | - | requirement. | |
| 221 | - | (e) A department may adopt any rules necessary for the | |
| 222 | - | implementation and administration of this Section and shall by | |
| 223 | - | rule provide for fees for the administration of this Section. | |
| 224 | - | (Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21; | |
| 225 | - | 102-813, eff. 5-13-22; 103-408, eff. 7-28-23.) | |
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| 104 | + | HB5353 Enrolled - 4 - LRB103 38026 RTM 68158 b | |
| 105 | + | 1 service member's spouse currently resides in this State. The | |
| 106 | + | 2 service member or the service member's spouse shall apply to | |
| 107 | + | 3 the department on forms provided by the department. An | |
| 108 | + | 4 application must include proof that: | |
| 109 | + | 5 (1) the applicant is a service member or the spouse of | |
| 110 | + | 6 a service member; | |
| 111 | + | 7 (2) the applicant holds a valid license in good | |
| 112 | + | 8 standing for the occupation or profession issued by | |
| 113 | + | 9 another state, commonwealth, possession, or territory of | |
| 114 | + | 10 the United States, the District of Columbia, or any | |
| 115 | + | 11 foreign jurisdiction; | |
| 116 | + | 12 (2.5) the applicant meets the requirements and | |
| 117 | + | 13 standards for licensure through endorsement, or | |
| 118 | + | 14 reciprocity, or portability for the occupation or | |
| 119 | + | 15 profession for which the applicant is applying; | |
| 120 | + | 16 (3) the applicant or the applicant's spouse is | |
| 121 | + | 17 assigned to a duty station in this State, has established | |
| 122 | + | 18 legal residence in this State, or will reside in this | |
| 123 | + | 19 State within 6 months after the date of application for | |
| 124 | + | 20 licensure; | |
| 125 | + | 21 (4) a complete set of the applicant's fingerprints has | |
| 126 | + | 22 been submitted to the Illinois State Police for statewide | |
| 127 | + | 23 and national criminal history checks, if applicable to the | |
| 128 | + | 24 requirements of the department issuing the license; the | |
| 129 | + | 25 applicant shall pay the fee to the Illinois State Police | |
| 130 | + | 26 or to the fingerprint vendor for electronic fingerprint | |
| 226 | 131 | ||
| 227 | 132 | ||
| 228 | - | (20 ILCS 5/5-717 new) | |
| 229 | - | Sec. 5-717. Military portability licensure for service | |
| 230 | - | members and service members' spouses. | |
| 231 | - | (a) In this Section: | |
| 232 | - | "Division" the Division of Professional Regulation of the | |
| 233 | - | Department of Financial and Professional Regulation or the | |
| 234 | - | Division of Real Estate of the Department of Financial and | |
| 235 | - | Professional Regulation. | |
| 236 | - | "Service member" means any person who, at the time of | |
| 237 | - | application under this Section, is an active duty member of | |
| 238 | - | the United States Armed Forces or any reserve component of the | |
| 239 | - | United States Armed Forces, the Coast Guard, or the National | |
| 240 | - | Guard of any state, commonwealth, or territory of the United | |
| 241 | - | States or the District of Columbia. | |
| 242 | - | "Spouse" means a party to a marriage, civil union, or | |
| 243 | - | registered domestic partnership. | |
| 244 | - | (b) The Department of Financial and Professional | |
| 245 | - | Regulation is authorized to issue a professional portability | |
| 246 | - | license to (1) a service member who is an out-of-state | |
| 247 | - | licensee and is under official United States military orders | |
| 248 | - | to relocate to the State of Illinois or (2) an out-of-state | |
| 249 | - | licensee whose spouse is a service member under official | |
| 250 | - | United States military orders to relocate to the State of | |
| 251 | - | Illinois. The service member or the service member's spouse | |
| 252 | - | need not reside in this State at the time of application. | |
| 253 | 133 | ||
| 254 | 134 | ||
| 255 | - | Notwithstanding any other law to the contrary, the portability | |
| 256 | - | license shall be issued by the Division only if the applicant | |
| 257 | - | fulfills all the requirements of this Section and Section | |
| 258 | - | 2105-135 of the Department of Professional Regulation Law of | |
| 259 | - | the Civil Administrative Code of Illinois. | |
| 260 | - | (c) The portability license shall be issued after a | |
| 261 | - | complete application is submitted to the Division that | |
| 262 | - | includes proof of the following: | |
| 263 | - | (1) The applicant is a service member or the spouse of | |
| 264 | - | a service member. | |
| 265 | - | (2) The applicant or applicant's spouse is assigned to | |
| 266 | - | a duty station in this State, has established legal | |
| 267 | - | residence or will reside in this State pursuant to | |
| 268 | - | military relocation orders after the date of application, | |
| 269 | - | and can provide an official copy of those orders. | |
| 270 | - | (3) The applicant's license is in good standing and is | |
| 271 | - | not subject to a disciplinary order encumbering the | |
| 272 | - | license in any other state, commonwealth, district, or | |
| 273 | - | territory of the United States or any foreign jurisdiction | |
| 274 | - | where the applicant holds a license and practices in the | |
| 275 | - | same profession with the same or similar scope of practice | |
| 276 | - | for which the applicant is applying, and the applicant can | |
| 277 | - | submit official verification of good standing and | |
| 278 | - | disciplinary history from each of those licensing | |
| 279 | - | authorities. For health care professional applicants, the | |
| 280 | - | Division's review of good standing is governed by this | |
| 135 | + | ||
| 136 | + | HB5353 Enrolled - 4 - LRB103 38026 RTM 68158 b | |
| 281 | 137 | ||
| 282 | 138 | ||
| 283 | - | subsection, subsection (h), and all other applicable State | |
| 284 | - | laws and rules. | |
| 285 | - | (4) The applicant was actively licensed in the same | |
| 286 | - | profession with the same or similar scope of practice for | |
| 287 | - | which the applicant is applying for at least 2 years | |
| 288 | - | immediately preceding the relocation. | |
| 289 | - | (5) A complete set of the applicant's fingerprints has | |
| 290 | - | been submitted to the Illinois State Police for statewide | |
| 291 | - | and national criminal history checks, if applicable to the | |
| 292 | - | requirements of the professional regulatory Act. The | |
| 293 | - | applicant shall pay the fee to the Illinois State Police | |
| 294 | - | or to the vendor for electronic fingerprint processing. No | |
| 295 | - | license shall be issued to an applicant if any review of | |
| 296 | - | criminal history or disclosure would cause the denial of | |
| 297 | - | an application for licensure under the applicable | |
| 298 | - | licensing Act. | |
| 299 | - | (6) The applicant has submitted the application for | |
| 300 | - | portability licensure and paid the required, nonrefundable | |
| 301 | - | initial application fee for that profession under its | |
| 302 | - | respective Act and rules. | |
| 303 | - | (d) Service members or the spouses of service members | |
| 304 | - | granted portability licenses under this Section shall submit | |
| 305 | - | to the jurisdiction of the Division for purposes of the laws | |
| 306 | - | and rules administered, related standards of practice, and | |
| 307 | - | disciplinary authority. A license granted under this Section | |
| 308 | - | is subject to all statutes, rules, and regulations governing | |
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| 140 | + | HB5353 Enrolled - 5 - LRB103 38026 RTM 68158 b | |
| 141 | + | 1 processing; no temporary occupational or professional | |
| 142 | + | 2 license shall be issued to an applicant if the statewide | |
| 143 | + | 3 or national criminal history check discloses information | |
| 144 | + | 4 that would cause the denial of an application for | |
| 145 | + | 5 licensure under any applicable occupational or | |
| 146 | + | 6 professional licensing Act; | |
| 147 | + | 7 (5) the applicant is not ineligible for licensure | |
| 148 | + | 8 pursuant to Section 2105-165 of the Department of | |
| 149 | + | 9 Professional Regulation Law of the Civil Administrative | |
| 150 | + | 10 Code of Illinois; | |
| 151 | + | 11 (6) the applicant has submitted an application for | |
| 152 | + | 12 full licensure; and | |
| 153 | + | 13 (7) the applicant has paid the required fee; fees | |
| 154 | + | 14 shall not be refundable. | |
| 155 | + | 15 (c) (Blank). Each director of a department that issues an | |
| 156 | + | 16 occupational or professional license is authorized to and | |
| 157 | + | 17 shall issue an expedited license to the spouse of a service | |
| 158 | + | 18 member who meets the requirements under this Section. Review | |
| 159 | + | 19 and determination of an application for a license shall be | |
| 160 | + | 20 expedited by the department within 30 days after the date on | |
| 161 | + | 21 which the department receives all necessary documentation | |
| 162 | + | 22 required for licensure, including information from State and | |
| 163 | + | 23 federal agencies. An expedited license shall be issued by the | |
| 164 | + | 24 department to any spouse of a service member meeting the | |
| 165 | + | 25 application requirements of this Section, regardless of | |
| 166 | + | 26 whether the spouse or the service member currently resides in | |
| 309 | 167 | ||
| 310 | 168 | ||
| 311 | - | the license. This includes compliance with renewal and | |
| 312 | - | continuing education requirements of the licensing act and | |
| 313 | - | rules adopted during the period of licensure. | |
| 314 | - | (e) Notwithstanding any other law, if the Division finds | |
| 315 | - | that the applicant failed to meet the requirements of | |
| 316 | - | subsection (c) or provided inaccurate or misleading | |
| 317 | - | information on the application, the Division may suspend the | |
| 318 | - | license pending further investigation or notice to discipline | |
| 319 | - | the portability license. | |
| 320 | - | (f)(1) The duration of the portability license is from | |
| 321 | - | issuance through the next renewal period for that regulated | |
| 322 | - | profession. At the time of the license's renewal, the service | |
| 323 | - | member or the service member's spouse may apply for another | |
| 324 | - | portability license if the military orders continue or are | |
| 325 | - | extended past the renewal date or if new orders are given for | |
| 326 | - | duty in this State. While the portability license is held, the | |
| 327 | - | service member or the service member's spouse may apply for | |
| 328 | - | full licensure by examination, endorsement, or reciprocity | |
| 329 | - | pursuant to the service member's or the service member's | |
| 330 | - | spouse's respective professional licensing Act or rules. | |
| 331 | - | (2) Once a portability license has expired or is not | |
| 332 | - | renewed, the service member or the service member's spouse | |
| 333 | - | cannot continue practicing in this State until the service | |
| 334 | - | member or the service member's spouse obtains licensure by | |
| 335 | - | examination, endorsement, or reciprocity, which includes | |
| 336 | - | completion and passage of all pre-license education and | |
| 337 | 169 | ||
| 338 | 170 | ||
| 339 | - | examination requirements under the applicable professional | |
| 340 | - | licensing Act and rules. | |
| 341 | - | (g) An individual is ineligible to apply under this | |
| 342 | - | Section if: | |
| 343 | - | (1) the individual is disqualified under Section | |
| 344 | - | 2105-165; | |
| 345 | - | (2) the license the individual is seeking is subject | |
| 346 | - | to an interstate compact; or | |
| 347 | - | (3) the individual seeks a real estate appraiser | |
| 348 | - | license. | |
| 349 | - | (h) All service members and the spouses of service members | |
| 350 | - | who apply under this Section and Section 5-715 who are | |
| 351 | - | licensed in another jurisdiction as health care professionals, | |
| 352 | - | and who are seeking a health care professional license | |
| 353 | - | regulated by the Division and subject to the applicable | |
| 354 | - | licensing Acts shall not be denied an initial or renewal | |
| 355 | - | license: | |
| 356 | - | (1) if the applicant has a prior, current, or pending | |
| 357 | - | disciplinary action in another jurisdiction solely based | |
| 358 | - | on providing, authorizing, recommending, aiding, | |
| 359 | - | assisting, referring for, or otherwise participating in | |
| 360 | - | health care services that are not unlawful in this State | |
| 361 | - | and consistent with the standards of conduct in Illinois; | |
| 362 | - | (2) if the applicant has a prior, current, or pending | |
| 363 | - | disciplinary action in another jurisdiction solely based | |
| 364 | - | on violating another jurisdiction or state's laws | |
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| 365 | 173 | ||
| 366 | 174 | ||
| 367 | - | prohibiting the provision of, authorization of, | |
| 368 | - | recommendation of, aiding or assisting in, referring for, | |
| 369 | - | or participation in any health care service if that | |
| 370 | - | service as provided is not unlawful under the laws of this | |
| 371 | - | State and is consistent with the standards of conduct in | |
| 372 | - | Illinois; or | |
| 373 | - | (3) based solely upon the applicant providing, | |
| 374 | - | authorizing, recommending, aiding, assisting, referring | |
| 375 | - | for, or otherwise participating in health care services | |
| 376 | - | that are not unlawful in this State and consistent with | |
| 377 | - | the standards of conduct in Illinois. | |
| 378 | - | Nothing in this subsection shall be construed as | |
| 379 | - | prohibiting the Division from evaluating the applicant's | |
| 380 | - | conduct and disciplinary history and making a determination | |
| 381 | - | regarding the licensure or authorization to practice. | |
| 382 | - | (i) The Department of Financial and Professional | |
| 383 | - | Regulation may adopt rules necessary for the implementation | |
| 384 | - | and administration of this Section. | |
| 385 | - | Section 10. The Clinical Social Work and Social Work | |
| 386 | - | Practice Act is amended by changing Section 8 as follows: | |
| 387 | - | (225 ILCS 20/8) (from Ch. 111, par. 6358) | |
| 388 | - | (Section scheduled to be repealed on January 1, 2028) | |
| 389 | - | Sec. 8. Examination. | |
| 390 | - | (1) The Department shall authorize examinations of | |
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| 177 | + | 1 this State. The spouse of a service member shall apply to the | |
| 178 | + | 2 department on forms provided by the department. An application | |
| 179 | + | 3 must include proof that: | |
| 180 | + | 4 (1) the applicant is the spouse of a service member; | |
| 181 | + | 5 (2) the applicant holds a valid license in good | |
| 182 | + | 6 standing for the occupation or profession issued by | |
| 183 | + | 7 another state, commonwealth, possession, or territory of | |
| 184 | + | 8 the United States, the District of Columbia, or any | |
| 185 | + | 9 foreign jurisdiction; | |
| 186 | + | 10 (2.5) the applicant meets the requirements and | |
| 187 | + | 11 standards for licensure through endorsement or reciprocity | |
| 188 | + | 12 for the occupation or profession for which the applicant | |
| 189 | + | 13 is applying; | |
| 190 | + | 14 (3) the applicant's spouse is assigned to a duty | |
| 191 | + | 15 station in this State, has established legal residence in | |
| 192 | + | 16 this State, or will reside in this State within 6 months | |
| 193 | + | 17 after the date of application for licensure; | |
| 194 | + | 18 (4) a complete set of the applicant's fingerprints has | |
| 195 | + | 19 been submitted to the Illinois State Police for statewide | |
| 196 | + | 20 and national criminal history checks, if applicable to the | |
| 197 | + | 21 requirements of the department issuing the license; the | |
| 198 | + | 22 applicant shall pay the fee to the Illinois State Police | |
| 199 | + | 23 or to the fingerprint vendor for electronic fingerprint | |
| 200 | + | 24 processing; no temporary occupational or professional | |
| 201 | + | 25 license shall be issued to an applicant if the statewide | |
| 202 | + | 26 or national criminal history check discloses information | |
| 391 | 203 | ||
| 392 | 204 | ||
| 393 | - | applicants at such times and places as it may determine. Each | |
| 394 | - | examination shall be of a character to fairly test the | |
| 395 | - | competence and qualifications of the applicants to practice as | |
| 396 | - | a licensed clinical social worker. | |
| 397 | - | (2) Applicants for examination shall pay, either to the | |
| 398 | - | Department or to the designated testing service, a fee | |
| 399 | - | covering the cost of determining the applicant's eligibility | |
| 400 | - | and of providing the examination. Failure to appear for the | |
| 401 | - | examination on the scheduled date at the time and place | |
| 402 | - | specified after the applicant's application for examination | |
| 403 | - | has been received and acknowledged by the Department or the | |
| 404 | - | designated testing service shall result in forfeiture of the | |
| 405 | - | examination fee. | |
| 406 | - | (3) (Blank). | |
| 407 | - | (4) The Department may employ consultants for the purpose | |
| 408 | - | of preparing and conducting examinations. | |
| 409 | - | (5) (Blank). An applicant has one year from the date of | |
| 410 | - | notification of successful completion of the examination to | |
| 411 | - | apply to the Department for a license. If an applicant fails to | |
| 412 | - | apply within one year, the examination scores shall be void | |
| 413 | - | and the applicant shall be required to take and pass the | |
| 414 | - | examination again unless licensed in another jurisdiction of | |
| 415 | - | the United States within one year of passing the examination. | |
| 416 | - | (6) (Blank). | |
| 417 | - | (7) The Department shall, upon good faith application and | |
| 418 | - | the submission of any required documentation and fees, approve | |
| 419 | 205 | ||
| 420 | 206 | ||
| 421 | - | all examination applications and notify the relevant testing | |
| 422 | - | authorities of the applicant's authorization to take the exam. | |
| 423 | - | Approval to take the examination is not approval of the | |
| 424 | - | application. | |
| 425 | - | (Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.) | |
| 426 | - | Section 15. The Marriage and Family Therapy Licensing Act | |
| 427 | - | is amended by changing Section 35 as follows: | |
| 428 | - | (225 ILCS 55/35) (from Ch. 111, par. 8351-35) | |
| 429 | - | (Section scheduled to be repealed on January 1, 2027) | |
| 430 | - | Sec. 35. Examinations. | |
| 431 | - | (a) The Department shall authorize examinations of | |
| 432 | - | applicants as licensed marriage and family therapists at such | |
| 433 | - | times and places as it may determine. The examination of | |
| 434 | - | applicants shall be of a character to give a fair test of the | |
| 435 | - | qualifications of the applicant to practice marriage and | |
| 436 | - | family therapy. | |
| 437 | - | (b) Applicants for examination as marriage and family | |
| 438 | - | therapists shall be required to pay, either to the Department | |
| 439 | - | or the designated testing service, a fee covering the cost of | |
| 440 | - | providing the examination. | |
| 441 | - | (c) The Department may employ consultants for the purpose | |
| 442 | - | of preparing and conducting examinations. | |
| 443 | - | (d) The Department shall, upon good faith application and | |
| 444 | - | the submission of any required documentation and fees, approve | |
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| 445 | 209 | ||
| 446 | 210 | ||
| 447 | - | all examination applications and notify the relevant testing | |
| 448 | - | authorities of the applicant's authorization to take the exam. | |
| 449 | - | Approval to take the examination is not approval of the | |
| 450 | - | application. | |
| 451 | - | (Source: P.A. 87-783; 87-1237.) | |
| 452 | - | Section 20. The Professional Counselor and Clinical | |
| 453 | - | Professional Counselor Licensing and Practice Act is amended | |
| 454 | - | by changing Section 40 as follows: | |
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| 213 | + | 1 that would cause the denial of an application for | |
| 214 | + | 2 licensure under any applicable occupational or | |
| 215 | + | 3 professional licensing Act; | |
| 216 | + | 4 (5) the applicant is not ineligible for licensure | |
| 217 | + | 5 pursuant to Section 2105-165 of the Civil Administrative | |
| 218 | + | 6 Code of Illinois; | |
| 219 | + | 7 (6) the applicant has submitted an application for | |
| 220 | + | 8 full licensure; and | |
| 221 | + | 9 (7) the applicant has paid the required fee; fees | |
| 222 | + | 10 shall not be refundable. | |
| 223 | + | 11 (c-5) If a service member or a service member's his or her | |
| 224 | + | 12 spouse relocates from this State, then the service member or | |
| 225 | + | 13 the service member's spouse he or she shall be provided an | |
| 226 | + | 14 opportunity to place the service member's or the service | |
| 227 | + | 15 member's spouse's his or her license in inactive status | |
| 228 | + | 16 through coordination with the military liaison. If the service | |
| 229 | + | 17 member or the service member's his or her spouse returns to | |
| 230 | + | 18 this State, then the service member or the service member's | |
| 231 | + | 19 spouse he or she may reactivate the license in accordance with | |
| 232 | + | 20 the statutory provisions regulating the profession and any | |
| 233 | + | 21 applicable administrative rules. The license reactivation | |
| 234 | + | 22 shall be expedited and completed within 30 days after receipt | |
| 235 | + | 23 of a completed application to reactivate the license. A | |
| 236 | + | 24 license reactivation is only applicable when the valid license | |
| 237 | + | 25 for which the first issuance of a license was predicated is | |
| 238 | + | 26 still valid and in good standing. An application to reactivate | |
| 239 | + | ||
| 240 | + | ||
| 241 | + | ||
| 242 | + | ||
| 243 | + | ||
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| 249 | + | 1 a license must include proof that the applicant still holds a | |
| 250 | + | 2 valid license in good standing for the occupation or | |
| 251 | + | 3 profession issued in another State, commonwealth, possession, | |
| 252 | + | 4 or territory of the United States, the District of Columbia, | |
| 253 | + | 5 or any foreign jurisdiction. The ability to reactivate a | |
| 254 | + | 6 license does not apply to a military portability license | |
| 255 | + | 7 issued under Section 5-717. | |
| 256 | + | 8 (d) All relevant experience of a service member or a | |
| 257 | + | 9 service member's his or her spouse in the discharge of | |
| 258 | + | 10 official duties, including full-time and part-time experience, | |
| 259 | + | 11 shall be credited in the calculation of any years of practice | |
| 260 | + | 12 in an occupation or profession as may be required under any | |
| 261 | + | 13 applicable occupational or professional licensing Act. All | |
| 262 | + | 14 relevant training provided by the military and completed by a | |
| 263 | + | 15 service member shall be credited to that service member as | |
| 264 | + | 16 meeting any training or education requirement under any | |
| 265 | + | 17 applicable occupational or professional licensing Act, | |
| 266 | + | 18 provided that the training or education is determined by the | |
| 267 | + | 19 department to meet the requirements under any applicable Act | |
| 268 | + | 20 and is not otherwise contrary to any other licensure | |
| 269 | + | 21 requirement. | |
| 270 | + | 22 (e) A department may adopt any rules necessary for the | |
| 271 | + | 23 implementation and administration of this Section and shall by | |
| 272 | + | 24 rule provide for fees for the administration of this Section. | |
| 273 | + | 25 (Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21; | |
| 274 | + | 26 102-813, eff. 5-13-22; 103-408, eff. 7-28-23.) | |
| 275 | + | ||
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| 285 | + | 1 (20 ILCS 5/5-717 new) | |
| 286 | + | 2 Sec. 5-717. Military portability licensure for service | |
| 287 | + | 3 members and service members' spouses. | |
| 288 | + | 4 (a) In this Section: | |
| 289 | + | 5 "Division" the Division of Professional Regulation of the | |
| 290 | + | 6 Department of Financial and Professional Regulation or the | |
| 291 | + | 7 Division of Real Estate of the Department of Financial and | |
| 292 | + | 8 Professional Regulation. | |
| 293 | + | 9 "Service member" means any person who, at the time of | |
| 294 | + | 10 application under this Section, is an active duty member of | |
| 295 | + | 11 the United States Armed Forces or any reserve component of the | |
| 296 | + | 12 United States Armed Forces, the Coast Guard, or the National | |
| 297 | + | 13 Guard of any state, commonwealth, or territory of the United | |
| 298 | + | 14 States or the District of Columbia. | |
| 299 | + | 15 "Spouse" means a party to a marriage, civil union, or | |
| 300 | + | 16 registered domestic partnership. | |
| 301 | + | 17 (b) The Department of Financial and Professional | |
| 302 | + | 18 Regulation is authorized to issue a professional portability | |
| 303 | + | 19 license to (1) a service member who is an out-of-state | |
| 304 | + | 20 licensee and is under official United States military orders | |
| 305 | + | 21 to relocate to the State of Illinois or (2) an out-of-state | |
| 306 | + | 22 licensee whose spouse is a service member under official | |
| 307 | + | 23 United States military orders to relocate to the State of | |
| 308 | + | 24 Illinois. The service member or the service member's spouse | |
| 309 | + | 25 need not reside in this State at the time of application. | |
| 310 | + | ||
| 311 | + | ||
| 312 | + | ||
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| 320 | + | 1 Notwithstanding any other law to the contrary, the portability | |
| 321 | + | 2 license shall be issued by the Division only if the applicant | |
| 322 | + | 3 fulfills all the requirements of this Section and Section | |
| 323 | + | 4 2105-135 of the Department of Professional Regulation Law of | |
| 324 | + | 5 the Civil Administrative Code of Illinois. | |
| 325 | + | 6 (c) The portability license shall be issued after a | |
| 326 | + | 7 complete application is submitted to the Division that | |
| 327 | + | 8 includes proof of the following: | |
| 328 | + | 9 (1) The applicant is a service member or the spouse of | |
| 329 | + | 10 a service member. | |
| 330 | + | 11 (2) The applicant or applicant's spouse is assigned to | |
| 331 | + | 12 a duty station in this State, has established legal | |
| 332 | + | 13 residence or will reside in this State pursuant to | |
| 333 | + | 14 military relocation orders after the date of application, | |
| 334 | + | 15 and can provide an official copy of those orders. | |
| 335 | + | 16 (3) The applicant's license is in good standing and is | |
| 336 | + | 17 not subject to a disciplinary order encumbering the | |
| 337 | + | 18 license in any other state, commonwealth, district, or | |
| 338 | + | 19 territory of the United States or any foreign jurisdiction | |
| 339 | + | 20 where the applicant holds a license and practices in the | |
| 340 | + | 21 same profession with the same or similar scope of practice | |
| 341 | + | 22 for which the applicant is applying, and the applicant can | |
| 342 | + | 23 submit official verification of good standing and | |
| 343 | + | 24 disciplinary history from each of those licensing | |
| 344 | + | 25 authorities. For health care professional applicants, the | |
| 345 | + | 26 Division's review of good standing is governed by this | |
| 346 | + | ||
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| 356 | + | 1 subsection, subsection (h), and all other applicable State | |
| 357 | + | 2 laws and rules. | |
| 358 | + | 3 (4) The applicant was actively licensed in the same | |
| 359 | + | 4 profession with the same or similar scope of practice for | |
| 360 | + | 5 which the applicant is applying for at least 2 years | |
| 361 | + | 6 immediately preceding the relocation. | |
| 362 | + | 7 (5) A complete set of the applicant's fingerprints has | |
| 363 | + | 8 been submitted to the Illinois State Police for statewide | |
| 364 | + | 9 and national criminal history checks, if applicable to the | |
| 365 | + | 10 requirements of the professional regulatory Act. The | |
| 366 | + | 11 applicant shall pay the fee to the Illinois State Police | |
| 367 | + | 12 or to the vendor for electronic fingerprint processing. No | |
| 368 | + | 13 license shall be issued to an applicant if any review of | |
| 369 | + | 14 criminal history or disclosure would cause the denial of | |
| 370 | + | 15 an application for licensure under the applicable | |
| 371 | + | 16 licensing Act. | |
| 372 | + | 17 (6) The applicant has submitted the application for | |
| 373 | + | 18 portability licensure and paid the required, nonrefundable | |
| 374 | + | 19 initial application fee for that profession under its | |
| 375 | + | 20 respective Act and rules. | |
| 376 | + | 21 (d) Service members or the spouses of service members | |
| 377 | + | 22 granted portability licenses under this Section shall submit | |
| 378 | + | 23 to the jurisdiction of the Division for purposes of the laws | |
| 379 | + | 24 and rules administered, related standards of practice, and | |
| 380 | + | 25 disciplinary authority. A license granted under this Section | |
| 381 | + | 26 is subject to all statutes, rules, and regulations governing | |
| 382 | + | ||
| 383 | + | ||
| 384 | + | ||
| 385 | + | ||
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| 392 | + | 1 the license. This includes compliance with renewal and | |
| 393 | + | 2 continuing education requirements of the licensing act and | |
| 394 | + | 3 rules adopted during the period of licensure. | |
| 395 | + | 4 (e) Notwithstanding any other law, if the Division finds | |
| 396 | + | 5 that the applicant failed to meet the requirements of | |
| 397 | + | 6 subsection (c) or provided inaccurate or misleading | |
| 398 | + | 7 information on the application, the Division may suspend the | |
| 399 | + | 8 license pending further investigation or notice to discipline | |
| 400 | + | 9 the portability license. | |
| 401 | + | 10 (f)(1) The duration of the portability license is from | |
| 402 | + | 11 issuance through the next renewal period for that regulated | |
| 403 | + | 12 profession. At the time of the license's renewal, the service | |
| 404 | + | 13 member or the service member's spouse may apply for another | |
| 405 | + | 14 portability license if the military orders continue or are | |
| 406 | + | 15 extended past the renewal date or if new orders are given for | |
| 407 | + | 16 duty in this State. While the portability license is held, the | |
| 408 | + | 17 service member or the service member's spouse may apply for | |
| 409 | + | 18 full licensure by examination, endorsement, or reciprocity | |
| 410 | + | 19 pursuant to the service member's or the service member's | |
| 411 | + | 20 spouse's respective professional licensing Act or rules. | |
| 412 | + | 21 (2) Once a portability license has expired or is not | |
| 413 | + | 22 renewed, the service member or the service member's spouse | |
| 414 | + | 23 cannot continue practicing in this State until the service | |
| 415 | + | 24 member or the service member's spouse obtains licensure by | |
| 416 | + | 25 examination, endorsement, or reciprocity, which includes | |
| 417 | + | 26 completion and passage of all pre-license education and | |
| 418 | + | ||
| 419 | + | ||
| 420 | + | ||
| 421 | + | ||
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| 428 | + | 1 examination requirements under the applicable professional | |
| 429 | + | 2 licensing Act and rules. | |
| 430 | + | 3 (g) An individual is ineligible to apply under this | |
| 431 | + | 4 Section if: | |
| 432 | + | 5 (1) the individual is disqualified under Section | |
| 433 | + | 6 2105-165; | |
| 434 | + | 7 (2) the license the individual is seeking is subject | |
| 435 | + | 8 to an interstate compact; or | |
| 436 | + | 9 (3) the individual seeks a real estate appraiser | |
| 437 | + | 10 license. | |
| 438 | + | 11 (h) All service members and the spouses of service members | |
| 439 | + | 12 who apply under this Section and Section 5-715 who are | |
| 440 | + | 13 licensed in another jurisdiction as health care professionals, | |
| 441 | + | 14 and who are seeking a health care professional license | |
| 442 | + | 15 regulated by the Division and subject to the applicable | |
| 443 | + | 16 licensing Acts shall not be denied an initial or renewal | |
| 444 | + | 17 license: | |
| 445 | + | 18 (1) if the applicant has a prior, current, or pending | |
| 446 | + | 19 disciplinary action in another jurisdiction solely based | |
| 447 | + | 20 on providing, authorizing, recommending, aiding, | |
| 448 | + | 21 assisting, referring for, or otherwise participating in | |
| 449 | + | 22 health care services that are not unlawful in this State | |
| 450 | + | 23 and consistent with the standards of conduct in Illinois; | |
| 451 | + | 24 (2) if the applicant has a prior, current, or pending | |
| 452 | + | 25 disciplinary action in another jurisdiction solely based | |
| 453 | + | 26 on violating another jurisdiction or state's laws | |
| 454 | + | ||
| 455 | + | ||
| 456 | + | ||
| 457 | + | ||
| 458 | + | ||
| 459 | + | HB5353 Enrolled - 13 - LRB103 38026 RTM 68158 b | |
| 460 | + | ||
| 461 | + | ||
| 462 | + | HB5353 Enrolled- 14 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 14 - LRB103 38026 RTM 68158 b | |
| 463 | + | HB5353 Enrolled - 14 - LRB103 38026 RTM 68158 b | |
| 464 | + | 1 prohibiting the provision of, authorization of, | |
| 465 | + | 2 recommendation of, aiding or assisting in, referring for, | |
| 466 | + | 3 or participation in any health care service if that | |
| 467 | + | 4 service as provided is not unlawful under the laws of this | |
| 468 | + | 5 State and is consistent with the standards of conduct in | |
| 469 | + | 6 Illinois; or | |
| 470 | + | 7 (3) based solely upon the applicant providing, | |
| 471 | + | 8 authorizing, recommending, aiding, assisting, referring | |
| 472 | + | 9 for, or otherwise participating in health care services | |
| 473 | + | 10 that are not unlawful in this State and consistent with | |
| 474 | + | 11 the standards of conduct in Illinois. | |
| 475 | + | 12 Nothing in this subsection shall be construed as | |
| 476 | + | 13 prohibiting the Division from evaluating the applicant's | |
| 477 | + | 14 conduct and disciplinary history and making a determination | |
| 478 | + | 15 regarding the licensure or authorization to practice. | |
| 479 | + | 16 (i) The Department of Financial and Professional | |
| 480 | + | 17 Regulation may adopt rules necessary for the implementation | |
| 481 | + | 18 and administration of this Section. | |
| 482 | + | 19 Section 10. The Clinical Social Work and Social Work | |
| 483 | + | 20 Practice Act is amended by changing Section 8 as follows: | |
| 484 | + | 21 (225 ILCS 20/8) (from Ch. 111, par. 6358) | |
| 485 | + | 22 (Section scheduled to be repealed on January 1, 2028) | |
| 486 | + | 23 Sec. 8. Examination. | |
| 487 | + | 24 (1) The Department shall authorize examinations of | |
| 488 | + | ||
| 489 | + | ||
| 490 | + | ||
| 491 | + | ||
| 492 | + | ||
| 493 | + | HB5353 Enrolled - 14 - LRB103 38026 RTM 68158 b | |
| 494 | + | ||
| 495 | + | ||
| 496 | + | HB5353 Enrolled- 15 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 15 - LRB103 38026 RTM 68158 b | |
| 497 | + | HB5353 Enrolled - 15 - LRB103 38026 RTM 68158 b | |
| 498 | + | 1 applicants at such times and places as it may determine. Each | |
| 499 | + | 2 examination shall be of a character to fairly test the | |
| 500 | + | 3 competence and qualifications of the applicants to practice as | |
| 501 | + | 4 a licensed clinical social worker. | |
| 502 | + | 5 (2) Applicants for examination shall pay, either to the | |
| 503 | + | 6 Department or to the designated testing service, a fee | |
| 504 | + | 7 covering the cost of determining the applicant's eligibility | |
| 505 | + | 8 and of providing the examination. Failure to appear for the | |
| 506 | + | 9 examination on the scheduled date at the time and place | |
| 507 | + | 10 specified after the applicant's application for examination | |
| 508 | + | 11 has been received and acknowledged by the Department or the | |
| 509 | + | 12 designated testing service shall result in forfeiture of the | |
| 510 | + | 13 examination fee. | |
| 511 | + | 14 (3) (Blank). | |
| 512 | + | 15 (4) The Department may employ consultants for the purpose | |
| 513 | + | 16 of preparing and conducting examinations. | |
| 514 | + | 17 (5) (Blank). An applicant has one year from the date of | |
| 515 | + | 18 notification of successful completion of the examination to | |
| 516 | + | 19 apply to the Department for a license. If an applicant fails to | |
| 517 | + | 20 apply within one year, the examination scores shall be void | |
| 518 | + | 21 and the applicant shall be required to take and pass the | |
| 519 | + | 22 examination again unless licensed in another jurisdiction of | |
| 520 | + | 23 the United States within one year of passing the examination. | |
| 521 | + | 24 (6) (Blank). | |
| 522 | + | 25 (7) The Department shall, upon good faith application and | |
| 523 | + | 26 the submission of any required documentation and fees, approve | |
| 524 | + | ||
| 525 | + | ||
| 526 | + | ||
| 527 | + | ||
| 528 | + | ||
| 529 | + | HB5353 Enrolled - 15 - LRB103 38026 RTM 68158 b | |
| 530 | + | ||
| 531 | + | ||
| 532 | + | HB5353 Enrolled- 16 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 16 - LRB103 38026 RTM 68158 b | |
| 533 | + | HB5353 Enrolled - 16 - LRB103 38026 RTM 68158 b | |
| 534 | + | 1 all examination applications and notify the relevant testing | |
| 535 | + | 2 authorities of the applicant's authorization to take the exam. | |
| 536 | + | 3 Approval to take the examination is not approval of the | |
| 537 | + | 4 application. | |
| 538 | + | 5 (Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22.) | |
| 539 | + | 6 Section 15. The Marriage and Family Therapy Licensing Act | |
| 540 | + | 7 is amended by changing Section 35 as follows: | |
| 541 | + | 8 (225 ILCS 55/35) (from Ch. 111, par. 8351-35) | |
| 542 | + | 9 (Section scheduled to be repealed on January 1, 2027) | |
| 543 | + | 10 Sec. 35. Examinations. | |
| 544 | + | 11 (a) The Department shall authorize examinations of | |
| 545 | + | 12 applicants as licensed marriage and family therapists at such | |
| 546 | + | 13 times and places as it may determine. The examination of | |
| 547 | + | 14 applicants shall be of a character to give a fair test of the | |
| 548 | + | 15 qualifications of the applicant to practice marriage and | |
| 549 | + | 16 family therapy. | |
| 550 | + | 17 (b) Applicants for examination as marriage and family | |
| 551 | + | 18 therapists shall be required to pay, either to the Department | |
| 552 | + | 19 or the designated testing service, a fee covering the cost of | |
| 553 | + | 20 providing the examination. | |
| 554 | + | 21 (c) The Department may employ consultants for the purpose | |
| 555 | + | 22 of preparing and conducting examinations. | |
| 556 | + | 23 (d) The Department shall, upon good faith application and | |
| 557 | + | 24 the submission of any required documentation and fees, approve | |
| 558 | + | ||
| 559 | + | ||
| 560 | + | ||
| 561 | + | ||
| 562 | + | ||
| 563 | + | HB5353 Enrolled - 16 - LRB103 38026 RTM 68158 b | |
| 564 | + | ||
| 565 | + | ||
| 566 | + | HB5353 Enrolled- 17 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 17 - LRB103 38026 RTM 68158 b | |
| 567 | + | HB5353 Enrolled - 17 - LRB103 38026 RTM 68158 b | |
| 568 | + | 1 all examination applications and notify the relevant testing | |
| 569 | + | 2 authorities of the applicant's authorization to take the exam. | |
| 570 | + | 3 Approval to take the examination is not approval of the | |
| 571 | + | 4 application. | |
| 572 | + | 5 (Source: P.A. 87-783; 87-1237.) | |
| 573 | + | 6 Section 20. The Professional Counselor and Clinical | |
| 574 | + | 7 Professional Counselor Licensing and Practice Act is amended | |
| 575 | + | 8 by changing Section 40 as follows: | |
| 576 | + | 9 (225 ILCS 107/40) | |
| 577 | + | 10 (Section scheduled to be repealed on January 1, 2028) | |
| 578 | + | 11 Sec. 40. Examination; failure or refusal to take | |
| 579 | + | 12 examination. | |
| 580 | + | 13 (a) The Department shall authorize examinations of | |
| 581 | + | 14 applicants at such times and places as it may determine. The | |
| 582 | + | 15 examinations shall be of a character to fairly test the | |
| 583 | + | 16 competence and qualifications of the applicants to practice | |
| 584 | + | 17 professional counseling or clinical professional counseling. | |
| 585 | + | 18 (b) Applicants for examination shall pay, either to the | |
| 586 | + | 19 Department or to the designated testing service, a fee | |
| 587 | + | 20 covering the cost of providing the examination. Failure to | |
| 588 | + | 21 appear for the examination on the scheduled date at the time | |
| 589 | + | 22 and place specified after the applicant's application for | |
| 590 | + | 23 examination has been received and acknowledged by the | |
| 591 | + | 24 Department or the designated testing service shall result in | |
| 592 | + | ||
| 593 | + | ||
| 594 | + | ||
| 595 | + | ||
| 596 | + | ||
| 597 | + | HB5353 Enrolled - 17 - LRB103 38026 RTM 68158 b | |
| 598 | + | ||
| 599 | + | ||
| 600 | + | HB5353 Enrolled- 18 -LRB103 38026 RTM 68158 b HB5353 Enrolled - 18 - LRB103 38026 RTM 68158 b | |
| 601 | + | HB5353 Enrolled - 18 - LRB103 38026 RTM 68158 b | |
| 602 | + | ||
| 603 | + | ||
| 604 | + | ||
| 605 | + | ||
| 606 | + | ||
| 607 | + | HB5353 Enrolled - 18 - LRB103 38026 RTM 68158 b |