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Public Act 103-0708 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Civil Administrative Code of Illinois is | ||||
amended by changing Sections 5-10 and 5-715 and by adding | ||||
Section 5-717 as follows: | ||||
(20 ILCS 5/5-10) (was 20 ILCS 5/2.1) | ||||
Sec. 5-10. "Director". As used in the Civil Administrative | ||||
Code of Illinois, unless the context clearly indicates | ||||
otherwise, the word "director" means the several directors of | ||||
the departments of State government as designated in Section | ||||
5-20 of this Law and includes the Secretary of Financial and | ||||
Professional Regulation, the Secretary of Innovation and | ||||
Technology, the Secretary of Human Services, and the Secretary | ||||
of Transportation. | ||||
(Source: P.A. 100-611, eff. 7-20-18.) | ||||
(20 ILCS 5/5-715) | ||||
Sec. 5-715. Expedited licensure for service members and | ||||
spouses. | ||||
(a) In this Section : , | ||||
" Service service member" means any person who, at the time | ||||
of application under this Section, is an active duty member of |
the United States Armed Forces or any reserve component of the | ||
United States Armed Forces, the Coast Guard, or the National | ||
Guard of any state, commonwealth, or territory of the United | ||
States or the District of Columbia or whose active duty | ||
service concluded within the preceding 2 years before | ||
application. | ||
"Spouse" means a party to a marriage, civil union, or | ||
registered domestic partnership. | ||
(a-5) The Department of Financial and Professional | ||
Regulation shall within 180 days after January 1, 2020 (the | ||
effective date of Public Act 101-240) designate one staff | ||
member as the military liaison within the Department of | ||
Financial and Professional Regulation to ensure proper | ||
enactment of the requirements of this Section. The military | ||
liaison's responsibilities shall also include, but are not | ||
limited to: (1) the management of all expedited applications | ||
to ensure processing within 30 days after receipt of a | ||
completed application ; (2) the management and oversight of all | ||
military portability licenses issued under Section 5-717; (3) , | ||
including notification of federal assistance programs | ||
available to reimburse costs associated with applicable | ||
licensing fees and professional credentials for service | ||
members and their families pursuant to Section 556 of Public | ||
Law 115-91, or any related federal program; (4) (2) | ||
coordination with all military installation military and | ||
family support center directors within this State, including |
virtual, phone, or in-person periodic meetings with each | ||
military installation military and family support center; and | ||
(5) (3) training by the military liaison to all directors of | ||
each division that issues an occupational or professional | ||
license to ensure proper application of this Section. At the | ||
end of each calendar year, the military liaison shall provide | ||
an annual report documenting the expedited licensure program | ||
for service members and spouses, and shall deliver that report | ||
to the Secretary of Financial and Professional Regulation and | ||
the Lieutenant Governor. | ||
(b) Each director of a department that issues an | ||
occupational or professional license is authorized to and | ||
shall issue an expedited license to a service member who meets | ||
the requirements under this Section and Section 2105-135 of | ||
the Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois or a spouse of a service | ||
member who meets those requirements . Review and determination | ||
of an application for a license issued by the department shall | ||
be expedited by the department within 30 days after the date on | ||
which the department receives all necessary documentation | ||
required for licensure, including any required information | ||
from State and federal agencies. An expedited license shall be | ||
issued by the department to a service member who meets any | ||
service members meeting the application requirements of this | ||
Section or a spouse of a service member who meets those | ||
requirements , regardless of whether the service member or the |
service member's spouse currently resides in this State. The | ||
service member or the service member's spouse shall apply to | ||
the department on forms provided by the department. An | ||
application must include proof that: | ||
(1) the applicant is a service member or the spouse of | ||
a service member ; | ||
(2) the applicant holds a valid license in good | ||
standing for the occupation or profession issued by | ||
another state, commonwealth, possession, or territory of | ||
the United States, the District of Columbia, or any | ||
foreign jurisdiction; | ||
(2.5) the applicant meets the requirements and | ||
standards for licensure through endorsement , or | ||
reciprocity , or portability for the occupation or | ||
profession for which the applicant is applying; | ||
(3) the applicant or the applicant's spouse is | ||
assigned to a duty station in this State, has established | ||
legal residence in this State, or will reside in this | ||
State within 6 months after the date of application for | ||
licensure; | ||
(4) a complete set of the applicant's fingerprints has | ||
been submitted to the Illinois State Police for statewide | ||
and national criminal history checks, if applicable to the | ||
requirements of the department issuing the license; the | ||
applicant shall pay the fee to the Illinois State Police | ||
or to the fingerprint vendor for electronic fingerprint |
processing; no temporary occupational or professional | ||
license shall be issued to an applicant if the statewide | ||
or national criminal history check discloses information | ||
that would cause the denial of an application for | ||
licensure under any applicable occupational or | ||
professional licensing Act; | ||
(5) the applicant is not ineligible for licensure | ||
pursuant to Section 2105-165 of the Department of | ||
Professional Regulation Law of the Civil Administrative | ||
Code of Illinois; | ||
(6) the applicant has submitted an application for | ||
full licensure; and | ||
(7) the applicant has paid the required fee; fees | ||
shall not be refundable. | ||
(c) (Blank). Each director of a department that issues an | ||
occupational or professional license is authorized to and | ||
shall issue an expedited license to the spouse of a service | ||
member who meets the requirements under this Section. Review | ||
and determination of an application for a license shall be | ||
expedited by the department within 30 days after the date on | ||
which the department receives all necessary documentation | ||
required for licensure, including information from State and | ||
federal agencies. An expedited license shall be issued by the | ||
department to any spouse of a service member meeting the | ||
application requirements of this Section, regardless of | ||
whether the spouse or the service member currently resides in |
this State. The spouse of a service member shall apply to the | ||
department on forms provided by the department. An application | ||
must include proof that: | ||
(1) the applicant is the spouse of a service member; | ||
(2) the applicant holds a valid license in good | ||
standing for the occupation or profession issued by | ||
another state, commonwealth, possession, or territory of | ||
the United States, the District of Columbia, or any | ||
foreign jurisdiction; | ||
(2.5) the applicant meets the requirements and | ||
standards for licensure through endorsement or reciprocity | ||
for the occupation or profession for which the applicant | ||
is applying; | ||
(3) the applicant's spouse is assigned to a duty | ||
station in this State, has established legal residence in | ||
this State, or will reside in this State within 6 months | ||
after the date of application for licensure; | ||
(4) a complete set of the applicant's fingerprints has | ||
been submitted to the Illinois State Police for statewide | ||
and national criminal history checks, if applicable to the | ||
requirements of the department issuing the license; the | ||
applicant shall pay the fee to the Illinois State Police | ||
or to the fingerprint vendor for electronic fingerprint | ||
processing; no temporary occupational or professional | ||
license shall be issued to an applicant if the statewide | ||
or national criminal history check discloses information |
that would cause the denial of an application for | ||
licensure under any applicable occupational or | ||
professional licensing Act; | ||
(5) the applicant is not ineligible for licensure | ||
pursuant to Section 2105-165 of the Civil Administrative | ||
Code of Illinois; | ||
(6) the applicant has submitted an application for | ||
full licensure; and | ||
(7) the applicant has paid the required fee; fees | ||
shall not be refundable. | ||
(c-5) If a service member or a service member's his or her | ||
spouse relocates from this State, then the service member or | ||
the service member's spouse he or she shall be provided an | ||
opportunity to place the service member's or the service | ||
member's spouse's his or her license in inactive status | ||
through coordination with the military liaison. If the service | ||
member or the service member's his or her spouse returns to | ||
this State, then the service member or the service member's | ||
spouse he or she may reactivate the license in accordance with | ||
the statutory provisions regulating the profession and any | ||
applicable administrative rules. The license reactivation | ||
shall be expedited and completed within 30 days after receipt | ||
of a completed application to reactivate the license. A | ||
license reactivation is only applicable when the valid license | ||
for which the first issuance of a license was predicated is | ||
still valid and in good standing. An application to reactivate |
a license must include proof that the applicant still holds a | ||
valid license in good standing for the occupation or | ||
profession issued in another State, commonwealth, possession, | ||
or territory of the United States, the District of Columbia, | ||
or any foreign jurisdiction. The ability to reactivate a | ||
license does not apply to a military portability license | ||
issued under Section 5-717. | ||
(d) All relevant experience of a service member or a | ||
service member's his or her spouse in the discharge of | ||
official duties, including full-time and part-time experience, | ||
shall be credited in the calculation of any years of practice | ||
in an occupation or profession as may be required under any | ||
applicable occupational or professional licensing Act. All | ||
relevant training provided by the military and completed by a | ||
service member shall be credited to that service member as | ||
meeting any training or education requirement under any | ||
applicable occupational or professional licensing Act, | ||
provided that the training or education is determined by the | ||
department to meet the requirements under any applicable Act | ||
and is not otherwise contrary to any other licensure | ||
requirement. | ||
(e) A department may adopt any rules necessary for the | ||
implementation and administration of this Section and shall by | ||
rule provide for fees for the administration of this Section. | ||
(Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21; | ||
102-813, eff. 5-13-22; 103-408, eff. 7-28-23.) |
(20 ILCS 5/5-717 new) | ||
Sec. 5-717. Military portability licensure for service | ||
members and service members' spouses. | ||
(a) In this Section: | ||
"Division" the Division of Professional Regulation of the | ||
Department of Financial and Professional Regulation or the | ||
Division of Real Estate of the Department of Financial and | ||
Professional Regulation. | ||
"Service member" means any person who, at the time of | ||
application under this Section, is an active duty member of | ||
the United States Armed Forces or any reserve component of the | ||
United States Armed Forces, the Coast Guard, or the National | ||
Guard of any state, commonwealth, or territory of the United | ||
States or the District of Columbia. | ||
"Spouse" means a party to a marriage, civil union, or | ||
registered domestic partnership. | ||
(b) The Department of Financial and Professional | ||
Regulation is authorized to issue a professional portability | ||
license to (1) a service member who is an out-of-state | ||
licensee and is under official United States military orders | ||
to relocate to the State of Illinois or (2) an out-of-state | ||
licensee whose spouse is a service member under official | ||
United States military orders to relocate to the State of | ||
Illinois. The service member or the service member's spouse | ||
need not reside in this State at the time of application. |
Notwithstanding any other law to the contrary, the portability | ||
license shall be issued by the Division only if the applicant | ||
fulfills all the requirements of this Section and Section | ||
2105-135 of the Department of Professional Regulation Law of | ||
the Civil Administrative Code of Illinois. | ||
(c) The portability license shall be issued after a | ||
complete application is submitted to the Division that | ||
includes proof of the following: | ||
(1) The applicant is a service member or the spouse of | ||
a service member. | ||
(2) The applicant or applicant's spouse is assigned to | ||
a duty station in this State, has established legal | ||
residence or will reside in this State pursuant to | ||
military relocation orders after the date of application, | ||
and can provide an official copy of those orders. | ||
(3) The applicant's license is in good standing and is | ||
not subject to a disciplinary order encumbering the | ||
license in any other state, commonwealth, district, or | ||
territory of the United States or any foreign jurisdiction | ||
where the applicant holds a license and practices in the | ||
same profession with the same or similar scope of practice | ||
for which the applicant is applying, and the applicant can | ||
submit official verification of good standing and | ||
disciplinary history from each of those licensing | ||
authorities. For health care professional applicants, the | ||
Division's review of good standing is governed by this |
subsection, subsection (h), and all other applicable State | ||
laws and rules. | ||
(4) The applicant was actively licensed in the same | ||
profession with the same or similar scope of practice for | ||
which the applicant is applying for at least 2 years | ||
immediately preceding the relocation. | ||
(5) A complete set of the applicant's fingerprints has | ||
been submitted to the Illinois State Police for statewide | ||
and national criminal history checks, if applicable to the | ||
requirements of the professional regulatory Act. The | ||
applicant shall pay the fee to the Illinois State Police | ||
or to the vendor for electronic fingerprint processing. No | ||
license shall be issued to an applicant if any review of | ||
criminal history or disclosure would cause the denial of | ||
an application for licensure under the applicable | ||
licensing Act. | ||
(6) The applicant has submitted the application for | ||
portability licensure and paid the required, nonrefundable | ||
initial application fee for that profession under its | ||
respective Act and rules. | ||
(d) Service members or the spouses of service members | ||
granted portability licenses under this Section shall submit | ||
to the jurisdiction of the Division for purposes of the laws | ||
and rules administered, related standards of practice, and | ||
disciplinary authority. A license granted under this Section | ||
is subject to all statutes, rules, and regulations governing |
the license. This includes compliance with renewal and | ||
continuing education requirements of the licensing act and | ||
rules adopted during the period of licensure. | ||
(e) Notwithstanding any other law, if the Division finds | ||
that the applicant failed to meet the requirements of | ||
subsection (c) or provided inaccurate or misleading | ||
information on the application, the Division may suspend the | ||
license pending further investigation or notice to discipline | ||
the portability license. | ||
(f)(1) The duration of the portability license is from | ||
issuance through the next renewal period for that regulated | ||
profession. At the time of the license's renewal, the service | ||
member or the service member's spouse may apply for another | ||
portability license if the military orders continue or are | ||
extended past the renewal date or if new orders are given for | ||
duty in this State. While the portability license is held, the | ||
service member or the service member's spouse may apply for | ||
full licensure by examination, endorsement, or reciprocity | ||
pursuant to the service member's or the service member's | ||
spouse's respective professional licensing Act or rules. | ||
(2) Once a portability license has expired or is not | ||
renewed, the service member or the service member's spouse | ||
cannot continue practicing in this State until the service | ||
member or the service member's spouse obtains licensure by | ||
examination, endorsement, or reciprocity, which includes | ||
completion and passage of all pre-license education and |
examination requirements under the applicable professional | ||
licensing Act and rules. | ||
(g) An individual is ineligible to apply under this | ||
Section if: | ||
(1) the individual is disqualified under Section | ||
2105-165; | ||
(2) the license the individual is seeking is subject | ||
to an interstate compact; or | ||
(3) the individual seeks a real estate appraiser | ||
license. | ||
(h) All service members and the spouses of service members | ||
who apply under this Section and Section 5-715 who are | ||
licensed in another jurisdiction as health care professionals, | ||
and who are seeking a health care professional license | ||
regulated by the Division and subject to the applicable | ||
licensing Acts shall not be denied an initial or renewal | ||
license: | ||
(1) if the applicant has a prior, current, or pending | ||
disciplinary action in another jurisdiction solely based | ||
on providing, authorizing, recommending, aiding, | ||
assisting, referring for, or otherwise participating in | ||
health care services that are not unlawful in this State | ||
and consistent with the standards of conduct in Illinois; | ||
(2) if the applicant has a prior, current, or pending | ||
disciplinary action in another jurisdiction solely based | ||
on violating another jurisdiction or state's laws |
prohibiting the provision of, authorization of, | ||
recommendation of, aiding or assisting in, referring for, | ||
or participation in any health care service if that | ||
service as provided is not unlawful under the laws of this | ||
State and is consistent with the standards of conduct in | ||
Illinois; or | ||
(3) based solely upon the applicant providing, | ||
authorizing, recommending, aiding, assisting, referring | ||
for, or otherwise participating in health care services | ||
that are not unlawful in this State and consistent with | ||
the standards of conduct in Illinois. | ||
Nothing in this subsection shall be construed as | ||
prohibiting the Division from evaluating the applicant's | ||
conduct and disciplinary history and making a determination | ||
regarding the licensure or authorization to practice. | ||
(i) The Department of Financial and Professional | ||
Regulation may adopt rules necessary for the implementation | ||
and administration of this Section. | ||
Section 10. The Clinical Social Work and Social Work | ||
Practice Act is amended by changing Section 8 as follows: | ||
(225 ILCS 20/8) (from Ch. 111, par. 6358) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 8. Examination. | ||
(1) The Department shall authorize examinations of |
applicants at such times and places as it may determine. Each | ||
examination shall be of a character to fairly test the | ||
competence and qualifications of the applicants to practice as | ||
a licensed clinical social worker. | ||
(2) Applicants for examination shall pay, either to the | ||
Department or to the designated testing service, a fee | ||
covering the cost of determining the applicant's eligibility | ||
and of providing the examination. Failure to appear for the | ||
examination on the scheduled date at the time and place | ||
specified after the applicant's application for examination | ||
has been received and acknowledged by the Department or the | ||
designated testing service shall result in forfeiture of the | ||
examination fee. | ||
(3) (Blank). | ||
(4) The Department may employ consultants for the purpose | ||
of preparing and conducting examinations. | ||
(5) (Blank). An applicant has one year from the date of | ||
notification of successful completion of the examination to | ||
apply to the Department for a license. If an applicant fails to | ||
apply within one year, the examination scores shall be void | ||
and the applicant shall be required to take and pass the | ||
examination again unless licensed in another jurisdiction of | ||
the United States within one year of passing the examination. | ||
(6) (Blank). | ||
(7) The Department shall, upon good faith application and | ||
the submission of any required documentation and fees, approve |
all examination applications and notify the relevant testing | ||
authorities of the applicant's authorization to take the exam. | ||
Approval to take the examination is not approval of the | ||
application. | ||
(Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22 .) | ||
Section 15. The Marriage and Family Therapy Licensing Act | ||
is amended by changing Section 35 as follows: | ||
(225 ILCS 55/35) (from Ch. 111, par. 8351-35) | ||
(Section scheduled to be repealed on January 1, 2027) | ||
Sec. 35. Examinations. | ||
(a) The Department shall authorize examinations of | ||
applicants as licensed marriage and family therapists at such | ||
times and places as it may determine. The examination of | ||
applicants shall be of a character to give a fair test of the | ||
qualifications of the applicant to practice marriage and | ||
family therapy. | ||
(b) Applicants for examination as marriage and family | ||
therapists shall be required to pay, either to the Department | ||
or the designated testing service, a fee covering the cost of | ||
providing the examination. | ||
(c) The Department may employ consultants for the purpose | ||
of preparing and conducting examinations. | ||
(d) The Department shall, upon good faith application and | ||
the submission of any required documentation and fees, approve |
all examination applications and notify the relevant testing | ||
authorities of the applicant's authorization to take the exam. | ||
Approval to take the examination is not approval of the | ||
application. | ||
(Source: P.A. 87-783; 87-1237 .) | ||
Section 20. The Professional Counselor and Clinical | ||
Professional Counselor Licensing and Practice Act is amended | ||
by changing Section 40 as follows: | ||
(225 ILCS 107/40) | ||
(Section scheduled to be repealed on January 1, 2028) | ||
Sec. 40. Examination; failure or refusal to take | ||
examination. | ||
(a) The Department shall authorize examinations of | ||
applicants at such times and places as it may determine. The | ||
examinations shall be of a character to fairly test the | ||
competence and qualifications of the applicants to practice | ||
professional counseling or clinical professional counseling. | ||
(b) Applicants for examination shall pay, either to the | ||
Department or to the designated testing service, a fee | ||
covering the cost of providing the examination. Failure to | ||
appear for the examination on the scheduled date at the time | ||
and place specified after the applicant's application for | ||
examination has been received and acknowledged by the | ||
Department or the designated testing service shall result in |
forfeiture of the examination fee. | ||
(c) If an applicant neglects, fails, or refuses to take an | ||
examination or fails to pass an examination for a license | ||
under this Act within 3 years after filing an application, the | ||
application will be denied. However, the applicant may | ||
thereafter submit a new application accompanied by the | ||
required fee. The applicant shall meet the requirements in | ||
force at the time of making the new application. | ||
(d) The Department may employ consultants for the purpose | ||
of preparing and conducting examinations. | ||
(e) The Department shall, upon good faith application and | ||
the submission of any required documentation and fees, approve | ||
all examination applications and notify the relevant testing | ||
authorities of the applicant's authorization to take the | ||
examination. Approval to take the examination is not approval | ||
of the application. | ||
(Source: P.A. 87-1011; 87-1269 .) |