Bill Amendment: IL HB5353 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DFPR-LICENSURE-VARIOUS
Status: 2024-05-08 - Placed on Calendar Order of 3rd Reading May 8, 2024 [HB5353 Detail]
Download: Illinois-2023-HB5353-House_Amendment_001.html
Bill Title: DFPR-LICENSURE-VARIOUS
Status: 2024-05-08 - Placed on Calendar Order of 3rd Reading May 8, 2024 [HB5353 Detail]
Download: Illinois-2023-HB5353-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5353 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5353 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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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.)
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1 | (20 ILCS 5/5-715) | ||||||
2 | Sec. 5-715. Expedited licensure for service members and | ||||||
3 | spouses. | ||||||
4 | (a) In this Section : , | ||||||
5 | " Service service member" means any person who, at the time | ||||||
6 | of application under this Section, is an active duty member of | ||||||
7 | the United States Armed Forces or any reserve component of the | ||||||
8 | United States Armed Forces, the Coast Guard, or the National | ||||||
9 | Guard of any state, commonwealth, or territory of the United | ||||||
10 | States or the District of Columbia or whose active duty | ||||||
11 | service concluded within the preceding 2 years before | ||||||
12 | application. | ||||||
13 | "Spouse" means a party to a marriage, civil union, or | ||||||
14 | registered domestic partnership. | ||||||
15 | (a-5) The Department of Financial and Professional | ||||||
16 | Regulation shall within 180 days after January 1, 2020 (the | ||||||
17 | effective date of Public Act 101-240) designate one staff | ||||||
18 | member as the military liaison within the Department of | ||||||
19 | Financial and Professional Regulation to ensure proper | ||||||
20 | enactment of the requirements of this Section. The military | ||||||
21 | liaison's responsibilities shall also include, but are not | ||||||
22 | limited to: (1) the management of all expedited applications | ||||||
23 | to ensure processing within 30 days after receipt of a | ||||||
24 | completed application ; (2) the management and oversight of all | ||||||
25 | military portability licenses issued under Section 5-717; (3) , |
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1 | including notification of federal assistance programs | ||||||
2 | available to reimburse costs associated with applicable | ||||||
3 | licensing fees and professional credentials for service | ||||||
4 | members and their families pursuant to Section 556 of Public | ||||||
5 | Law 115-91, or any related federal program; (4) (2) | ||||||
6 | coordination with all military installation military and | ||||||
7 | family support center directors within this State, including | ||||||
8 | virtual, phone, or in-person periodic meetings with each | ||||||
9 | military installation military and family support center; and | ||||||
10 | (5) (3) training by the military liaison to all directors of | ||||||
11 | each division that issues an occupational or professional | ||||||
12 | license to ensure proper application of this Section. At the | ||||||
13 | end of each calendar year, the military liaison shall provide | ||||||
14 | an annual report documenting the expedited licensure program | ||||||
15 | for service members and spouses, and shall deliver that report | ||||||
16 | to the Secretary of Financial and Professional Regulation and | ||||||
17 | the Lieutenant Governor. | ||||||
18 | (b) Each director of a department that issues an | ||||||
19 | occupational or professional license is authorized to and | ||||||
20 | shall issue an expedited license to a service member who meets | ||||||
21 | the requirements under this Section and Section 2105-135 of | ||||||
22 | the Department of Professional Regulation Law of the Civil | ||||||
23 | Administrative Code of Illinois or a spouse of a service | ||||||
24 | member who meets those requirements . Review and determination | ||||||
25 | of an application for a license issued by the department shall | ||||||
26 | be expedited by the department within 30 days after the date on |
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1 | which the department receives all necessary documentation | ||||||
2 | required for licensure, including any required information | ||||||
3 | from State and federal agencies. An expedited license shall be | ||||||
4 | issued by the department to a service member who meets any | ||||||
5 | service members meeting the application requirements of this | ||||||
6 | Section or a spouse of a service member who meets those | ||||||
7 | requirements , regardless of whether the service member or the | ||||||
8 | service member's spouse currently resides in this State. The | ||||||
9 | service member or the service member's spouse shall apply to | ||||||
10 | the department on forms provided by the department. An | ||||||
11 | application must include proof that: | ||||||
12 | (1) the applicant is a service member or the spouse of | ||||||
13 | a service member ; | ||||||
14 | (2) the applicant holds a valid license in good | ||||||
15 | standing for the occupation or profession issued by | ||||||
16 | another state, commonwealth, possession, or territory of | ||||||
17 | the United States, the District of Columbia, or any | ||||||
18 | foreign jurisdiction; | ||||||
19 | (2.5) the applicant meets the requirements and | ||||||
20 | standards for licensure through endorsement , or | ||||||
21 | reciprocity , or portability for the occupation or | ||||||
22 | profession for which the applicant is applying; | ||||||
23 | (3) the applicant or the applicant's spouse is | ||||||
24 | assigned to a duty station in this State, has established | ||||||
25 | legal residence in this State, or will reside in this | ||||||
26 | State within 6 months after the date of application for |
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1 | licensure; | ||||||
2 | (4) a complete set of the applicant's fingerprints has | ||||||
3 | been submitted to the Illinois State Police for statewide | ||||||
4 | and national criminal history checks, if applicable to the | ||||||
5 | requirements of the department issuing the license; the | ||||||
6 | applicant shall pay the fee to the Illinois State Police | ||||||
7 | or to the fingerprint vendor for electronic fingerprint | ||||||
8 | processing; no temporary occupational or professional | ||||||
9 | license shall be issued to an applicant if the statewide | ||||||
10 | or national criminal history check discloses information | ||||||
11 | that would cause the denial of an application for | ||||||
12 | licensure under any applicable occupational or | ||||||
13 | professional licensing Act; | ||||||
14 | (5) the applicant is not ineligible for licensure | ||||||
15 | pursuant to Section 2105-165 of the Department of | ||||||
16 | Professional Regulation Law of the Civil Administrative | ||||||
17 | Code of Illinois; | ||||||
18 | (6) the applicant has submitted an application for | ||||||
19 | full licensure; and | ||||||
20 | (7) the applicant has paid the required fee; fees | ||||||
21 | shall not be refundable. | ||||||
22 | (c) (Blank). Each director of a department that issues an | ||||||
23 | occupational or professional license is authorized to and | ||||||
24 | shall issue an expedited license to the spouse of a service | ||||||
25 | member who meets the requirements under this Section. Review | ||||||
26 | and determination of an application for a license shall be |
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1 | expedited by the department within 30 days after the date on | ||||||
2 | which the department receives all necessary documentation | ||||||
3 | required for licensure, including information from State and | ||||||
4 | federal agencies. An expedited license shall be issued by the | ||||||
5 | department to any spouse of a service member meeting the | ||||||
6 | application requirements of this Section, regardless of | ||||||
7 | whether the spouse or the service member currently resides in | ||||||
8 | this State. The spouse of a service member shall apply to the | ||||||
9 | department on forms provided by the department. An application | ||||||
10 | must include proof that: | ||||||
11 | (1) the applicant is the spouse of a service member; | ||||||
12 | (2) the applicant holds a valid license in good | ||||||
13 | standing for the occupation or profession issued by | ||||||
14 | another state, commonwealth, possession, or territory of | ||||||
15 | the United States, the District of Columbia, or any | ||||||
16 | foreign jurisdiction; | ||||||
17 | (2.5) the applicant meets the requirements and | ||||||
18 | standards for licensure through endorsement or reciprocity | ||||||
19 | for the occupation or profession for which the applicant | ||||||
20 | is applying; | ||||||
21 | (3) the applicant's spouse is assigned to a duty | ||||||
22 | station in this State, has established legal residence in | ||||||
23 | this State, or will reside in this State within 6 months | ||||||
24 | after the date of application for licensure; | ||||||
25 | (4) a complete set of the applicant's fingerprints has | ||||||
26 | been submitted to the Illinois State Police for statewide |
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1 | and national criminal history checks, if applicable to the | ||||||
2 | requirements of the department issuing the license; the | ||||||
3 | applicant shall pay the fee to the Illinois State Police | ||||||
4 | or to the fingerprint vendor for electronic fingerprint | ||||||
5 | processing; no temporary occupational or professional | ||||||
6 | license shall be issued to an applicant if the statewide | ||||||
7 | or national criminal history check discloses information | ||||||
8 | that would cause the denial of an application for | ||||||
9 | licensure under any applicable occupational or | ||||||
10 | professional licensing Act; | ||||||
11 | (5) the applicant is not ineligible for licensure | ||||||
12 | pursuant to Section 2105-165 of the Civil Administrative | ||||||
13 | Code of Illinois; | ||||||
14 | (6) the applicant has submitted an application for | ||||||
15 | full licensure; and | ||||||
16 | (7) the applicant has paid the required fee; fees | ||||||
17 | shall not be refundable. | ||||||
18 | (c-5) If a service member or a service member's his or her | ||||||
19 | spouse relocates from this State, then the service member or | ||||||
20 | the service member's spouse he or she shall be provided an | ||||||
21 | opportunity to place the service member's or the service | ||||||
22 | member's spouse's his or her license in inactive status | ||||||
23 | through coordination with the military liaison. If the service | ||||||
24 | member or the service member's his or her spouse returns to | ||||||
25 | this State, then the service member or the service member's | ||||||
26 | spouse he or she may reactivate the license in accordance with |
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1 | the statutory provisions regulating the profession and any | ||||||
2 | applicable administrative rules. The license reactivation | ||||||
3 | shall be expedited and completed within 30 days after receipt | ||||||
4 | of a completed application to reactivate the license. A | ||||||
5 | license reactivation is only applicable when the valid license | ||||||
6 | for which the first issuance of a license was predicated is | ||||||
7 | still valid and in good standing. An application to reactivate | ||||||
8 | a license must include proof that the applicant still holds a | ||||||
9 | valid license in good standing for the occupation or | ||||||
10 | profession issued in another State, commonwealth, possession, | ||||||
11 | or territory of the United States, the District of Columbia, | ||||||
12 | or any foreign jurisdiction. The ability to reactivate a | ||||||
13 | license does not apply to a military portability license | ||||||
14 | issued under Section 5-717. | ||||||
15 | (d) All relevant experience of a service member or a | ||||||
16 | service member's his or her spouse in the discharge of | ||||||
17 | official duties, including full-time and part-time experience, | ||||||
18 | shall be credited in the calculation of any years of practice | ||||||
19 | in an occupation or profession as may be required under any | ||||||
20 | applicable occupational or professional licensing Act. All | ||||||
21 | relevant training provided by the military and completed by a | ||||||
22 | service member shall be credited to that service member as | ||||||
23 | meeting any training or education requirement under any | ||||||
24 | applicable occupational or professional licensing Act, | ||||||
25 | provided that the training or education is determined by the | ||||||
26 | department to meet the requirements under any applicable Act |
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1 | and is not otherwise contrary to any other licensure | ||||||
2 | requirement. | ||||||
3 | (e) A department may adopt any rules necessary for the | ||||||
4 | implementation and administration of this Section and shall by | ||||||
5 | rule provide for fees for the administration of this Section. | ||||||
6 | (Source: P.A. 102-384, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22; 103-408, eff. 7-28-23.)
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8 | (20 ILCS 5/5-717 new) | ||||||
9 | Sec. 5-717. Military portability licensure for service | ||||||
10 | members and service members' spouses. | ||||||
11 | (a) In this Section: | ||||||
12 | "Division" the Division of Professional Regulation of the | ||||||
13 | Department of Financial and Professional Regulation or the | ||||||
14 | Division of Real Estate of the Department of Financial and | ||||||
15 | Professional Regulation. | ||||||
16 | "Service member" means any person who, at the time of | ||||||
17 | application under this Section, is an active duty member of | ||||||
18 | the United States Armed Forces or any reserve component of the | ||||||
19 | United States Armed Forces, the Coast Guard, or the National | ||||||
20 | Guard of any state, commonwealth, or territory of the United | ||||||
21 | States or the District of Columbia. | ||||||
22 | "Spouse" means a party to a marriage, civil union, or | ||||||
23 | registered domestic partnership. | ||||||
24 | (b) The Department of Financial and Professional | ||||||
25 | Regulation is authorized to issue a professional portability |
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1 | license to (1) a service member who is an out-of-state | ||||||
2 | licensee and is under official United States military orders | ||||||
3 | to relocate to the State of Illinois or (2) an out-of-state | ||||||
4 | licensee whose spouse is a service member under official | ||||||
5 | United States military orders to relocate to the State of | ||||||
6 | Illinois. The service member or the service member's spouse | ||||||
7 | need not reside in this State at the time of application. | ||||||
8 | Notwithstanding any other law to the contrary, the portability | ||||||
9 | license shall be issued by the Division only if the applicant | ||||||
10 | fulfills all the requirements of this Section and Section | ||||||
11 | 2105-135 of the Department of Professional Regulation Law of | ||||||
12 | the Civil Administrative Code of Illinois. | ||||||
13 | (c) The portability license shall be issued after a | ||||||
14 | complete application is submitted to the Division that | ||||||
15 | includes proof of the following: | ||||||
16 | (1) The applicant is a service member or the spouse of | ||||||
17 | a service member. | ||||||
18 | (2) The applicant or applicant's spouse is assigned to | ||||||
19 | a duty station in this State, has established legal | ||||||
20 | residence or will reside in this State pursuant to | ||||||
21 | military relocation orders after the date of application, | ||||||
22 | and can provide an official copy of those orders. | ||||||
23 | (3) The applicant's license is in good standing and is | ||||||
24 | not subject to a disciplinary order encumbering the | ||||||
25 | license in any other state, commonwealth, district, or | ||||||
26 | territory of the United States or any foreign jurisdiction |
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1 | where the applicant holds a license and practices in the | ||||||
2 | same profession with the same or similar scope of practice | ||||||
3 | for which the applicant is applying, and the applicant can | ||||||
4 | submit official verification of good standing and | ||||||
5 | disciplinary history from each of those licensing | ||||||
6 | authorities. For health care professional applicants, the | ||||||
7 | Division's review of good standing is governed by this | ||||||
8 | subsection, subsection (h), and all other applicable State | ||||||
9 | laws and rules. | ||||||
10 | (4) The applicant was actively licensed in the same | ||||||
11 | profession with the same or similar scope of practice for | ||||||
12 | which the applicant is applying for at least 2 years | ||||||
13 | immediately preceding the relocation. | ||||||
14 | (5) A complete set of the applicant's fingerprints has | ||||||
15 | been submitted to the Illinois State Police for statewide | ||||||
16 | and national criminal history checks, if applicable to the | ||||||
17 | requirements of the professional regulatory Act. The | ||||||
18 | applicant shall pay the fee to the Illinois State Police | ||||||
19 | or to the vendor for electronic fingerprint processing. No | ||||||
20 | license shall be issued to an applicant if any review of | ||||||
21 | criminal history or disclosure would cause the denial of | ||||||
22 | an application for licensure under the applicable | ||||||
23 | licensing Act. | ||||||
24 | (6) The applicant has submitted the application for | ||||||
25 | portability licensure and paid the required, nonrefundable | ||||||
26 | initial application fee for that profession under its |
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1 | respective Act and rules. | ||||||
2 | (d) Service members or the spouses of service members | ||||||
3 | granted portability licenses under this Section shall submit | ||||||
4 | to the jurisdiction of the Division for purposes of the laws | ||||||
5 | and rules administered, related standards of practice, and | ||||||
6 | disciplinary authority. A license granted under this Section | ||||||
7 | is subject to all statutes, rules, and regulations governing | ||||||
8 | the license. This includes compliance with renewal and | ||||||
9 | continuing education requirements of the licensing act and | ||||||
10 | rules adopted during the period of licensure. | ||||||
11 | (e) Notwithstanding any other law, if the Division finds | ||||||
12 | that the applicant failed to meet the requirements of | ||||||
13 | subsection (c) or provided inaccurate or misleading | ||||||
14 | information on the application, the Division may suspend the | ||||||
15 | license pending further investigation or notice to discipline | ||||||
16 | the portability license. | ||||||
17 | (f)(1) The duration of the portability license is from | ||||||
18 | issuance through the next renewal period for that regulated | ||||||
19 | profession. At the time of the license's renewal, the service | ||||||
20 | member or the service member's spouse may apply for another | ||||||
21 | portability license if the military orders continue or are | ||||||
22 | extended past the renewal date or if new orders are given for | ||||||
23 | duty in this State. While the portability license is held, the | ||||||
24 | service member or the service member's spouse may apply for | ||||||
25 | full licensure by examination, endorsement, or reciprocity | ||||||
26 | pursuant to the service member's or the service member's |
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1 | spouse's respective professional licensing Act or rules. | ||||||
2 | (2) Once a portability license has expired or is not | ||||||
3 | renewed, the service member or the service member's spouse | ||||||
4 | cannot continue practicing in this State until the service | ||||||
5 | member or the service member's spouse obtains licensure by | ||||||
6 | examination, endorsement, or reciprocity, which includes | ||||||
7 | completion and passage of all pre-license education and | ||||||
8 | examination requirements under the applicable professional | ||||||
9 | licensing Act and rules. | ||||||
10 | (g) An individual is ineligible to apply under this | ||||||
11 | Section if: | ||||||
12 | (1) the individual is disqualified under Section | ||||||
13 | 2105-165; | ||||||
14 | (2) the license the individual is seeking is subject | ||||||
15 | to an interstate compact; or | ||||||
16 | (3) the individual seeks a real estate appraiser | ||||||
17 | license. | ||||||
18 | (h) All service members and the spouses of service members | ||||||
19 | who apply under this Section and Section 5-715, who are | ||||||
20 | licensed in another jurisdiction as health care professionals, | ||||||
21 | and who are seeking a health care professional license | ||||||
22 | regulated by the Division and subject to the applicable | ||||||
23 | licensing Acts shall not be denied an initial or renewal | ||||||
24 | license: | ||||||
25 | (1) if the applicant has a prior, current, or pending | ||||||
26 | disciplinary action in another jurisdiction solely based |
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1 | on providing, authorizing, recommending, aiding, | ||||||
2 | assisting, referring for, or otherwise participating in | ||||||
3 | health care services that are not unlawful in this State | ||||||
4 | and consistent with the standards of conduct in Illinois; | ||||||
5 | (2) if the applicant has a prior, current, or pending | ||||||
6 | disciplinary action in another jurisdiction solely based | ||||||
7 | on violating another jurisdiction or state's laws | ||||||
8 | prohibiting the provision of, authorization of, | ||||||
9 | recommendation of, aiding or assisting in, referring for, | ||||||
10 | or participation in any health care service if that | ||||||
11 | service as provided is not unlawful under the laws of this | ||||||
12 | State and is consistent with the standards of conduct in | ||||||
13 | Illinois; or | ||||||
14 | (3) based solely upon the applicant providing, | ||||||
15 | authorizing, recommending, aiding, assisting, referring | ||||||
16 | for, or otherwise participating in health care services | ||||||
17 | that are not unlawful in this State and consistent with | ||||||
18 | the standards of conduct in Illinois. | ||||||
19 | Nothing in this subsection shall be construed as | ||||||
20 | prohibiting the Division from evaluating the applicant's | ||||||
21 | conduct and disciplinary history and making a determination | ||||||
22 | regarding the licensure or authorization to practice. | ||||||
23 | (i) The Department of Financial and Professional | ||||||
24 | Regulation may adopt rules necessary for the implementation | ||||||
25 | and administration of this Section.
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1 | Section 10. The Clinical Social Work and Social Work | ||||||
2 | Practice Act is amended by changing Section 8 as follows:
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3 | (225 ILCS 20/8) (from Ch. 111, par. 6358) | ||||||
4 | (Section scheduled to be repealed on January 1, 2028) | ||||||
5 | Sec. 8. Examination. | ||||||
6 | (1) The Department shall authorize examinations of | ||||||
7 | applicants at such times and places as it may determine. Each | ||||||
8 | examination shall be of a character to fairly test the | ||||||
9 | competence and qualifications of the applicants to practice as | ||||||
10 | a licensed clinical social worker. | ||||||
11 | (2) Applicants for examination shall pay, either to the | ||||||
12 | Department or to the designated testing service, a fee | ||||||
13 | covering the cost of determining the applicant's eligibility | ||||||
14 | and of providing the examination. Failure to appear for the | ||||||
15 | examination on the scheduled date at the time and place | ||||||
16 | specified after the applicant's application for examination | ||||||
17 | has been received and acknowledged by the Department or the | ||||||
18 | designated testing service shall result in forfeiture of the | ||||||
19 | examination fee. | ||||||
20 | (3) (Blank). | ||||||
21 | (4) The Department may employ consultants for the purpose | ||||||
22 | of preparing and conducting examinations. | ||||||
23 | (5) (Blank). An applicant has one year from the date of | ||||||
24 | notification of successful completion of the examination to | ||||||
25 | apply to the Department for a license. If an applicant fails to |
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1 | apply within one year, the examination scores shall be void | ||||||
2 | and the applicant shall be required to take and pass the | ||||||
3 | examination again unless licensed in another jurisdiction of | ||||||
4 | the United States within one year of passing the examination. | ||||||
5 | (6) (Blank). | ||||||
6 | (7) The Department shall, upon good faith application and | ||||||
7 | the submission of any required documentation and fees, approve | ||||||
8 | all examination applications and notify the relevant testing | ||||||
9 | authorities of the applicant's authorization to take the exam. | ||||||
10 | Approval to take the examination is not approval of the | ||||||
11 | application. | ||||||
12 | (Source: P.A. 101-568, eff. 1-1-20; 102-326, eff. 1-1-22 .)
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13 | Section 15. The Marriage and Family Therapy Licensing Act | ||||||
14 | is amended by changing Section 35 and by adding Sections 42 and | ||||||
15 | 47 as follows:
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16 | (225 ILCS 55/35) (from Ch. 111, par. 8351-35) | ||||||
17 | (Section scheduled to be repealed on January 1, 2027) | ||||||
18 | Sec. 35. Examinations. | ||||||
19 | (a) The Department shall authorize examinations of | ||||||
20 | applicants as licensed marriage and family therapists at such | ||||||
21 | times and places as it may determine. The examination of | ||||||
22 | applicants shall be of a character to give a fair test of the | ||||||
23 | qualifications of the applicant to practice marriage and | ||||||
24 | family therapy. |
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1 | (b) Applicants for examination as marriage and family | ||||||
2 | therapists shall be required to pay, either to the Department | ||||||
3 | or the designated testing service, a fee covering the cost of | ||||||
4 | providing the examination. | ||||||
5 | (c) The Department may employ consultants for the purpose | ||||||
6 | of preparing and conducting examinations. | ||||||
7 | (d) The Department shall, upon good faith application and | ||||||
8 | the submission of any required documentation and fees, approve | ||||||
9 | all examination applications and notify the relevant testing | ||||||
10 | authorities of the applicant's authorization to take the exam. | ||||||
11 | Approval to take the examination is not approval of the | ||||||
12 | application. | ||||||
13 | (Source: P.A. 87-783; 87-1237 .)
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14 | Section 20. The Professional Counselor and Clinical | ||||||
15 | Professional Counselor Licensing and Practice Act is amended | ||||||
16 | by changing Section 40 as follows:
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17 | (225 ILCS 107/40) | ||||||
18 | (Section scheduled to be repealed on January 1, 2028) | ||||||
19 | Sec. 40. Examination; failure or refusal to take | ||||||
20 | examination. | ||||||
21 | (a) The Department shall authorize examinations of | ||||||
22 | applicants at such times and places as it may determine. The | ||||||
23 | examinations shall be of a character to fairly test the | ||||||
24 | competence and qualifications of the applicants to practice |
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