Bill Text: IL HB1365 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Clinical Psychologist Licensing Act, the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, the Music Therapy Licensing and Practice Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Establishes temporary licenses for social workers, professional counselors, licensed marriage and family therapists, music therapists, and clinical psychologists whose license application is pending and creates termination conditions for such licenses. Removes good moral character standards as qualification requirements for the licensing of social workers and music therapists. Creates procedures for placing a license on inactive status for social workers and professional counselors. Provides that the Department of Financial and Professional Regulation must allow reasonable exam accommodations for licensed marriage and family therapists and clinical psychologists whose primary language is not English if a test in the therapist's or psychologist's primary language is not available.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-14 - Filed with the Clerk by Rep. Bob Morgan [HB1365 Detail]
Download: Illinois-2025-HB1365-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Clinical Psychologist Licensing Act is | |||||||||||||||||||||||||||||||||||||||||
5 | amended by changing Section 6 and by adding Section 10.5 as | |||||||||||||||||||||||||||||||||||||||||
6 | follows:
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7 | (225 ILCS 15/6) (from Ch. 111, par. 5356) | |||||||||||||||||||||||||||||||||||||||||
8 | (Section scheduled to be repealed on January 1, 2027) | |||||||||||||||||||||||||||||||||||||||||
9 | Sec. 6. Subject to the provisions of this Act, the | |||||||||||||||||||||||||||||||||||||||||
10 | Department shall: | |||||||||||||||||||||||||||||||||||||||||
11 | (1) Authorize examinations to ascertain the | |||||||||||||||||||||||||||||||||||||||||
12 | qualifications and fitness of applicants for licensure as | |||||||||||||||||||||||||||||||||||||||||
13 | clinical psychologists and pass upon the qualifications of | |||||||||||||||||||||||||||||||||||||||||
14 | applicants for reciprocal licensure. All examinations, | |||||||||||||||||||||||||||||||||||||||||
15 | either conducted or authorized, must allow reasonable | |||||||||||||||||||||||||||||||||||||||||
16 | accommodations for an applicant whose primary language is | |||||||||||||||||||||||||||||||||||||||||
17 | not English if an examination in the applicant's primary | |||||||||||||||||||||||||||||||||||||||||
18 | language is not available. All examinations either | |||||||||||||||||||||||||||||||||||||||||
19 | conducted or authorized must comply with all | |||||||||||||||||||||||||||||||||||||||||
20 | communication, access, and reasonable modification | |||||||||||||||||||||||||||||||||||||||||
21 | requirements in Section 504 of the federal Rehabilitation | |||||||||||||||||||||||||||||||||||||||||
22 | Act of 1973 and Title II of the Americans with | |||||||||||||||||||||||||||||||||||||||||
23 | Disabilities Act of 1990. |
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1 | (2) Conduct hearings on proceedings to refuse to issue | ||||||
2 | or renew or to revoke licenses or suspend, place on | ||||||
3 | probation, or reprimand persons licensed under the | ||||||
4 | provisions of this Act, and to refuse to issue or to | ||||||
5 | suspend or to revoke or to refuse to renew licenses or to | ||||||
6 | place on probation or reprimand such persons licensed | ||||||
7 | under the provisions of this Act. | ||||||
8 | (3) Adopt rules and regulations required for the | ||||||
9 | administration of this Act. | ||||||
10 | (4) Prescribe forms to be issued for the | ||||||
11 | administration and enforcement of this Act. | ||||||
12 | (5) Conduct investigations related to possible | ||||||
13 | violations of this Act. | ||||||
14 | (Source: P.A. 99-572, eff. 7-15-16.)
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15 | (225 ILCS 15/10.5 new) | ||||||
16 | Sec. 10.5. Practice pending licensure. | ||||||
17 | (a) An applicant for licensure under this Act shall be | ||||||
18 | authorized to temporarily practice under supervision pending | ||||||
19 | issuance of a license if: (1) the applicant authorizes the | ||||||
20 | Department to release information regarding the application's | ||||||
21 | status; and (2) the Department acknowledges that the | ||||||
22 | application has been received, which may be proven by the | ||||||
23 | applicant providing the employer with a copy of the | ||||||
24 | Department's license application screen that shows that the | ||||||
25 | application is pending. |
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1 | (b) Temporary authorization to practice under this Section | ||||||
2 | shall immediately terminate upon: (1) a determination by the | ||||||
3 | Department that, based upon review of the application and | ||||||
4 | supporting documents, the applicant does not meet the | ||||||
5 | requirements for licensure; (2) a determination by the | ||||||
6 | Department that the applicant has engaged in conduct or | ||||||
7 | actions that would constitute grounds for discipline under | ||||||
8 | this Act; or (3) the issuance of a permanent license.
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9 | Section 10. The Clinical Social Work and Social Work | ||||||
10 | Practice Act is amended by changing Sections 9, 9A, and 11 and | ||||||
11 | by adding Section 9B as follows:
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12 | (225 ILCS 20/9) (from Ch. 111, par. 6359) | ||||||
13 | (Section scheduled to be repealed on January 1, 2028) | ||||||
14 | Sec. 9. Qualifications for clinical social worker license. | ||||||
15 | A person shall be qualified to be licensed as a clinical social | ||||||
16 | worker if that person: | ||||||
17 | (1) has applied in writing on the prescribed form; | ||||||
18 | (2) has not is of good moral character. In determining | ||||||
19 | good moral character, the Department may take into | ||||||
20 | consideration whether the applicant was engaged in conduct | ||||||
21 | or actions that would constitute grounds for discipline | ||||||
22 | under this Act; | ||||||
23 | (3)(a) demonstrates to the satisfaction of the | ||||||
24 | Department that subsequent to securing a master's degree |
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1 | in social work from an approved program the applicant has | ||||||
2 | successfully completed at least 3,000 hours of | ||||||
3 | satisfactory, supervised clinical professional | ||||||
4 | experience; or | ||||||
5 | (b) demonstrates to the satisfaction of the Department | ||||||
6 | that such applicant has received a doctor's degree in | ||||||
7 | social work from an approved program and has completed at | ||||||
8 | least 2,000 hours of satisfactory, supervised clinical | ||||||
9 | professional experience subsequent to the degree; | ||||||
10 | (4) has passed the examination for the practice of | ||||||
11 | clinical social work as authorized by the Department or | ||||||
12 | has completed the examination alternative set forth in | ||||||
13 | Section 8.2; and | ||||||
14 | (5) has paid the required fees. | ||||||
15 | (Source: P.A. 103-433, eff. 1-1-24 .)
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16 | (225 ILCS 20/9A) (from Ch. 111, par. 6359A) | ||||||
17 | (Section scheduled to be repealed on January 1, 2028) | ||||||
18 | Sec. 9A. Qualifications for license as licensed social | ||||||
19 | worker. A person shall be qualified to be licensed as a | ||||||
20 | licensed social worker if that person: | ||||||
21 | (1) has applied in writing on the prescribed form; | ||||||
22 | (2) has not engaged in conduct or actions that would | ||||||
23 | constitute grounds for discipline under this Act is of | ||||||
24 | good moral character, as defined in subsection (2) of | ||||||
25 | Section 9 ; |
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1 | (3)(a) has a degree from a graduate program of social | ||||||
2 | work approved by the Department; or | ||||||
3 | (b) has a degree in social work from an undergraduate | ||||||
4 | program approved by the Department and has successfully | ||||||
5 | completed at least 3 years of supervised professional | ||||||
6 | experience subsequent to obtaining the degree as | ||||||
7 | established by rule. If no supervision by a licensed | ||||||
8 | social worker or a licensed clinical social worker is | ||||||
9 | available, then supervised professional experience may | ||||||
10 | include supervision by other appropriate disciplines as | ||||||
11 | defined by rule; | ||||||
12 | (4) (blank); and | ||||||
13 | (5) has paid the required fees. | ||||||
14 | (Source: P.A. 102-326, eff. 1-1-22 .)
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15 | (225 ILCS 20/9B new) | ||||||
16 | Sec. 9B. Practice pending licensure. | ||||||
17 | (a) An applicant for licensure under this Act shall be | ||||||
18 | authorized to temporarily practice under supervision pending | ||||||
19 | issuance of a license if: (1) the applicant authorizes the | ||||||
20 | Department to release information regarding the application's | ||||||
21 | status; and (2) the Department acknowledges that the | ||||||
22 | application has been received, which may be proven by the | ||||||
23 | applicant providing the employer with a copy of the | ||||||
24 | Department's license application screen that shows that the | ||||||
25 | application is pending. |
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1 | (b) Temporary authorization to practice under this Section | ||||||
2 | shall immediately terminate upon: (1) a determination by the | ||||||
3 | Department that, based upon review of the application and | ||||||
4 | supporting documents, the applicant does not meet the | ||||||
5 | requirements for licensure; (2) a determination by the | ||||||
6 | Department that the applicant has engaged in conduct or | ||||||
7 | actions that would constitute grounds for discipline under | ||||||
8 | this Act; or (3) the issuance of a permanent license.
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9 | (225 ILCS 20/11) (from Ch. 111, par. 6361) | ||||||
10 | (Text of Section before amendment by P.A. 103-1048 ) | ||||||
11 | (Section scheduled to be repealed on January 1, 2028) | ||||||
12 | Sec. 11. Licenses; renewal; restoration; person in | ||||||
13 | military service; inactive status. | ||||||
14 | (a) The expiration date and renewal period for each | ||||||
15 | license issued under this Act shall be set by rule. The | ||||||
16 | licensee may renew a license during the 60-day period | ||||||
17 | preceding its expiration date by paying the required fee and | ||||||
18 | by demonstrating compliance with any continuing education | ||||||
19 | requirements. The Department shall adopt rules establishing | ||||||
20 | minimum requirements of continuing education and means for | ||||||
21 | verification of the completion of the continuing education | ||||||
22 | requirements. The Department may, by rule, specify | ||||||
23 | circumstances under which the continuing education | ||||||
24 | requirements may be waived. | ||||||
25 | (a-5) A social worker who notifies the Department in |
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1 | writing, through forms prescribed by the Department, may elect | ||||||
2 | to place his or her license on inactive status and shall, | ||||||
3 | subject to the rules of the Department, be excused from | ||||||
4 | payment of renewal fees until the social worker notifies the | ||||||
5 | Department in writing of his or her intent to restore the | ||||||
6 | license. A social worker requesting restoration from inactive | ||||||
7 | status shall be required to pay the current renewal fee and | ||||||
8 | shall be required to restore his or her license as provided in | ||||||
9 | this Section. | ||||||
10 | A social worker whose license is on inactive status shall | ||||||
11 | not practice in the State of Illinois. A person who practices | ||||||
12 | social work while his or her license is lapsed or on inactive | ||||||
13 | status shall be considered to be practicing without a license, | ||||||
14 | which shall be grounds for discipline under this Act. | ||||||
15 | (b) Any person who has permitted a license to expire or who | ||||||
16 | has a license on inactive status may have it restored by | ||||||
17 | submitting an application to the Department and filing proof | ||||||
18 | of fitness, as defined by rule, to have the license restored, | ||||||
19 | including, if appropriate, evidence which is satisfactory to | ||||||
20 | the Department certifying the active practice of clinical | ||||||
21 | social work or social work in another jurisdiction and by | ||||||
22 | paying the required fee. | ||||||
23 | (b-5) If the person has not maintained an active practice | ||||||
24 | in another jurisdiction which is satisfactory to the | ||||||
25 | Department, the Department shall determine the person's | ||||||
26 | fitness to resume active status. The Department may also |
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1 | require the person to complete a specific period of evaluated | ||||||
2 | clinical social work or social work experience and may require | ||||||
3 | successful completion of an examination for clinical social | ||||||
4 | workers. | ||||||
5 | (b-7) Notwithstanding any other provision of this Act, any | ||||||
6 | person whose license expired while on active duty with the | ||||||
7 | armed forces of the United States, while called into service | ||||||
8 | or training with the State Militia or in training or education | ||||||
9 | under the supervision of the United States government prior to | ||||||
10 | induction into the military service may have his or her | ||||||
11 | license restored without paying any renewal fees if, within 2 | ||||||
12 | years after the honorable termination of that service, | ||||||
13 | training or education, except under conditions other than | ||||||
14 | honorable, the Department is furnished with satisfactory | ||||||
15 | evidence that the person has been so engaged and that the | ||||||
16 | service, training or education has been so terminated. | ||||||
17 | (c) A license to practice shall not be denied any | ||||||
18 | applicant because of the applicant's race, religion, creed, | ||||||
19 | national origin, political beliefs or activities, age, sex, | ||||||
20 | sexual orientation, or physical impairment. | ||||||
21 | (d) (Blank). | ||||||
22 | (e) (Blank). | ||||||
23 | (f) (Blank). | ||||||
24 | (g) The Department shall indicate on each license the | ||||||
25 | academic degree of the licensee. | ||||||
26 | (h) Notwithstanding any other provision of law, the |
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1 | following requirements for restoration of an inactive or | ||||||
2 | expired license of 5 years or less as set forth in subsections | ||||||
3 | (b) and (b-5) are suspended for any licensed clinical social | ||||||
4 | worker who has had no disciplinary action taken against his or | ||||||
5 | her license in this State or in any other jurisdiction during | ||||||
6 | the entire period of licensure: proof of fitness, | ||||||
7 | certification of active practice in another jurisdiction, and | ||||||
8 | the payment of a fee or renewal fee. An individual may not | ||||||
9 | restore his or her license in accordance with this subsection | ||||||
10 | more than once. | ||||||
11 | (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)
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12 | (Text of Section after amendment by P.A. 103-1048 ) | ||||||
13 | (Section scheduled to be repealed on January 1, 2028) | ||||||
14 | Sec. 11. Licenses; renewal; restoration; person in | ||||||
15 | military service; inactive status. | ||||||
16 | (a) The expiration date and renewal period for each | ||||||
17 | license issued under this Act shall be set by rule. The | ||||||
18 | licensee may renew a license during the 60-day period | ||||||
19 | preceding its expiration date by paying the required fee and | ||||||
20 | by demonstrating compliance with any continuing education | ||||||
21 | requirements. The Department shall adopt rules establishing | ||||||
22 | minimum requirements of continuing education and means for | ||||||
23 | verification of the completion of the continuing education | ||||||
24 | requirements. The Department may, by rule, specify | ||||||
25 | circumstances under which the continuing education |
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1 | requirements may be waived. | ||||||
2 | (a-5) A social worker who notifies the Department in | ||||||
3 | writing, through forms prescribed by the Department, may elect | ||||||
4 | to place his or her license on inactive status and shall, | ||||||
5 | subject to the rules of the Department, be excused from | ||||||
6 | payment of renewal fees until the social worker notifies the | ||||||
7 | Department in writing of his or her intent to restore the | ||||||
8 | license. A social worker requesting restoration from inactive | ||||||
9 | status shall be required to pay the current renewal fee and | ||||||
10 | shall be required to restore his or her license as provided in | ||||||
11 | this Section. | ||||||
12 | A social worker whose license is on inactive status shall | ||||||
13 | not practice in the State of Illinois. A person who practices | ||||||
14 | social work while his or her license is lapsed or on inactive | ||||||
15 | status shall be considered to be practicing without a license, | ||||||
16 | which shall be grounds for discipline under this Act. | ||||||
17 | (b) Any person who has permitted a license to expire or who | ||||||
18 | has a license on inactive status may have it restored by | ||||||
19 | submitting an application to the Department and filing proof | ||||||
20 | of fitness, as defined by rule, to have the license restored, | ||||||
21 | including, if appropriate, evidence which is satisfactory to | ||||||
22 | the Department certifying the active practice of clinical | ||||||
23 | social work or social work in another jurisdiction and by | ||||||
24 | paying the required fee. | ||||||
25 | (b-5) If the person has not maintained an active practice | ||||||
26 | in another jurisdiction which is satisfactory to the |
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1 | Department, the Department shall determine the person's | ||||||
2 | fitness to resume active status. The Department may also | ||||||
3 | require the person to complete a specific period of evaluated | ||||||
4 | clinical social work or social work experience and may require | ||||||
5 | successful completion of an examination for clinical social | ||||||
6 | workers. | ||||||
7 | (b-7) Notwithstanding any other provision of this Act, any | ||||||
8 | person whose license expired while on active duty with the | ||||||
9 | armed forces of the United States, while called into service | ||||||
10 | or training with the State Militia or in training or education | ||||||
11 | under the supervision of the United States government prior to | ||||||
12 | induction into the military service may have the person's | ||||||
13 | license restored without paying any renewal fees if, within 2 | ||||||
14 | years after the honorable termination of that service, | ||||||
15 | training or education, except under conditions other than | ||||||
16 | honorable, the Department is furnished with satisfactory | ||||||
17 | evidence that the person has been so engaged and that the | ||||||
18 | service, training or education has been so terminated. | ||||||
19 | (c) A license to practice shall not be denied any | ||||||
20 | applicant because of the applicant's race, religion, creed, | ||||||
21 | national origin, political beliefs or activities, age, sex, | ||||||
22 | sexual orientation, or physical impairment. | ||||||
23 | (d) (Blank). | ||||||
24 | (e) (Blank). | ||||||
25 | (f) (Blank). | ||||||
26 | (g) The Department shall indicate on each license the |
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1 | academic degree of the licensee. | ||||||
2 | (h) Notwithstanding any other provision of law, the | ||||||
3 | following requirements for restoration of an inactive or | ||||||
4 | expired license of 5 years or less as set forth in subsections | ||||||
5 | (b) and (b-5) are suspended for any licensed clinical social | ||||||
6 | worker who has had no disciplinary action taken against the | ||||||
7 | licensed clinical social worker's license in this State or in | ||||||
8 | any other jurisdiction during the entire period of licensure: | ||||||
9 | proof of fitness, certification of active practice in another | ||||||
10 | jurisdiction, and the payment of a fee or renewal fee. An | ||||||
11 | individual may not restore the individual's license in | ||||||
12 | accordance with this subsection more than once. | ||||||
13 | (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22; | ||||||
14 | 103-1048, eff. 1-1-25.)
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15 | Section 15. The Marriage and Family Therapy Licensing Act | ||||||
16 | is amended by changing Section 20 and by adding Section 43 as | ||||||
17 | follows:
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18 | (225 ILCS 55/20) (from Ch. 111, par. 8351-20) | ||||||
19 | (Section scheduled to be repealed on January 1, 2027) | ||||||
20 | Sec. 20. Powers and duties of the Department. Subject to | ||||||
21 | the provisions of this Act, the Department shall exercise the | ||||||
22 | following functions, powers, and duties: | ||||||
23 | (a) Conduct or authorize examinations to ascertain the | ||||||
24 | fitness and qualifications of applicants for licensure and |
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1 | issue licenses to those who are found to be fit and | ||||||
2 | qualified. | ||||||
3 | (b) Adopt rules required for the administration of | ||||||
4 | this Act, including, but not limited to, rules for a | ||||||
5 | method of examination of candidates and for determining | ||||||
6 | approved graduate programs. All examinations, either | ||||||
7 | conducted or authorized, must allow reasonable | ||||||
8 | accommodations for an applicant whose primary language is | ||||||
9 | not English if an examination in the applicant's primary | ||||||
10 | language is not available. All examinations either | ||||||
11 | conducted or authorized must comply with all | ||||||
12 | communication, access, and reasonable modification | ||||||
13 | requirements in Section 504 of the federal Rehabilitation | ||||||
14 | Act of 1973 and Title II of the Americans with | ||||||
15 | Disabilities Act of 1990. | ||||||
16 | (b-5) Prescribe forms to be issued for the | ||||||
17 | administration and enforcement of this Act consistent with | ||||||
18 | and reflecting the requirements of this Act and rules | ||||||
19 | adopted pursuant to this Act. | ||||||
20 | (c) Conduct hearings on proceedings to refuse to issue | ||||||
21 | or renew licenses or to revoke, suspend, place on | ||||||
22 | probation, or reprimand persons licensed under the | ||||||
23 | provisions of this Act. | ||||||
24 | (d) Conduct investigations related to possible | ||||||
25 | violations of this Act. | ||||||
26 | The Board may make recommendations on matters relating to |
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1 | continuing education, including the number of hours necessary | ||||||
2 | for license renewal, waivers for those unable to meet the | ||||||
3 | requirements, and acceptable course content. | ||||||
4 | (Source: P.A. 100-372, eff. 8-25-17.)
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5 | (225 ILCS 55/43 new) | ||||||
6 | Sec. 43. Practice pending licensure. | ||||||
7 | (a) An applicant for licensure under this Act shall be | ||||||
8 | authorized to temporarily practice under supervision pending | ||||||
9 | issuance of a license if: (1) the applicant authorizes the | ||||||
10 | Department to release information regarding the application's | ||||||
11 | status; and (2) the Department acknowledges that the | ||||||
12 | application has been received, which may be proven by the | ||||||
13 | applicant providing the employer with a copy of the | ||||||
14 | Department's license application screen that shows that the | ||||||
15 | application is pending. | ||||||
16 | (b) Temporary authorization to practice under this Section | ||||||
17 | shall immediately terminate upon: (1) a determination by the | ||||||
18 | Department that, based upon review of the application and | ||||||
19 | supporting documents, the applicant does not meet the | ||||||
20 | requirements for licensure; (2) a determination by the | ||||||
21 | Department that the applicant has engaged in conduct or | ||||||
22 | actions that would constitute grounds for discipline under | ||||||
23 | this Act; or (3) the issuance of a permanent license.
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24 | Section 20. The Music Therapy Licensing and Practice Act |
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1 | is amended by changing Section 60 and by adding Section 63 as | ||||||
2 | follows:
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3 | (225 ILCS 56/60) | ||||||
4 | (Section scheduled to be repealed on January 1, 2028) | ||||||
5 | Sec. 60. Qualifications for licensure. | ||||||
6 | (a) The Secretary shall issue a license to an applicant | ||||||
7 | for a professional music therapist license if the applicant | ||||||
8 | has completed and submitted an application form in the manner | ||||||
9 | as the Secretary prescribes, accompanied by applicable fees, | ||||||
10 | and evidence satisfactory to the Secretary that: | ||||||
11 | (1) the applicant has received a baccalaureate degree | ||||||
12 | or higher in music therapy, or its equivalent, as defined | ||||||
13 | by the Department; | ||||||
14 | (2) the applicant is at least 18 years of age; | ||||||
15 | (3) the applicant is of good moral character. In | ||||||
16 | determining moral character under this paragraph, the | ||||||
17 | Department may take into consideration whether the | ||||||
18 | applicant has not engaged in conduct or activities which | ||||||
19 | would constitute grounds for discipline under this Act; | ||||||
20 | and | ||||||
21 | (4) the applicant provides proof of passing an exam | ||||||
22 | determined by the Department or provides proof that the | ||||||
23 | applicant holds a current music therapist credential as | ||||||
24 | determined by the Department. | ||||||
25 | (Source: P.A. 102-993, eff. 5-27-22.)
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1 | (225 ILCS 56/63 new) | ||||||
2 | Sec. 63. Practice pending licensure. | ||||||
3 | (a) An applicant for licensure under this Act shall be | ||||||
4 | authorized to temporarily practice under supervision pending | ||||||
5 | issuance of a license if: (1) the applicant authorizes the | ||||||
6 | Department to release information regarding the application's | ||||||
7 | status; and (2) the Department acknowledges that the | ||||||
8 | application has been received, which may be proven by the | ||||||
9 | applicant providing the employer with a copy of the | ||||||
10 | Department's license application screen that shows that the | ||||||
11 | application is pending. | ||||||
12 | (b) Temporary authorization to practice under this Section | ||||||
13 | shall immediately terminate upon: (1) a determination by the | ||||||
14 | Department that, based upon review of the application and | ||||||
15 | supporting documents, the applicant does not meet the | ||||||
16 | requirements for licensure; (2) a determination by the | ||||||
17 | Department that the applicant has engaged in conduct or | ||||||
18 | actions that would constitute grounds for discipline under | ||||||
19 | this Act; or (3) the issuance of a permanent license.
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20 | Section 25. The Professional Counselor and Clinical | ||||||
21 | Professional Counselor Licensing and Practice Act is amended | ||||||
22 | by changing Section 50 and by adding Section 47 as follows:
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23 | (225 ILCS 107/47 new) |
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1 | Sec. 47. Practice pending licensure. | ||||||
2 | (a) An applicant for licensure under this Act shall be | ||||||
3 | authorized to temporarily practice under supervision pending | ||||||
4 | issuance of a license if: (1) the applicant authorizes the | ||||||
5 | Department to release information regarding the application's | ||||||
6 | status; and (2) the Department acknowledges that the | ||||||
7 | application has been received, which may be proven by the | ||||||
8 | applicant providing the employer with a copy of the | ||||||
9 | Department's license application screen that shows that the | ||||||
10 | application is pending. | ||||||
11 | (b) Temporary authorization to practice under this Section | ||||||
12 | shall immediately terminate upon: (1) a determination by the | ||||||
13 | Department that, based upon review of the application and | ||||||
14 | supporting documents, the applicant does not meet the | ||||||
15 | requirements for licensure; (2) a determination by the | ||||||
16 | Department that the applicant has engaged in conduct or | ||||||
17 | actions that would constitute grounds for discipline under | ||||||
18 | this Act; or (3) the issuance of a permanent license.
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19 | (225 ILCS 107/50) | ||||||
20 | (Text of Section before amendment by P.A. 103-715 ) | ||||||
21 | (Section scheduled to be repealed on January 1, 2028) | ||||||
22 | Sec. 50. Licenses; renewal; restoration; person in | ||||||
23 | military service; inactive status. | ||||||
24 | (a) The expiration date and renewal period for each | ||||||
25 | license issued under this Act shall be set by rule. As a |
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1 | condition for renewal of a license, the licensee shall be | ||||||
2 | required to complete continuing education in accordance with | ||||||
3 | rules established by the Department and pay the current | ||||||
4 | renewal fee. | ||||||
5 | (a-5) A professional counselor who notifies the Department | ||||||
6 | in writing, through forms prescribed by the Department, may | ||||||
7 | elect to place his or her license on inactive status and shall, | ||||||
8 | subject to the rules of the Department, be excused from | ||||||
9 | payment of renewal fees until the professional counselor | ||||||
10 | notifies the Department in writing of his or her intent to | ||||||
11 | restore the license. Any professional counselor requesting | ||||||
12 | restoration from inactive status shall be required to pay the | ||||||
13 | renewal fee and shall be required to restore his or her license | ||||||
14 | as provided in this Section. | ||||||
15 | A professional counselor whose license is on inactive | ||||||
16 | status shall not practice in the State of Illinois. A person | ||||||
17 | who practices professional counseling while his or her license | ||||||
18 | is lapsed or on inactive status shall be considered to be | ||||||
19 | practicing without a license, which shall be grounds for | ||||||
20 | discipline under this Act. | ||||||
21 | (b) Any person who has permitted a license to expire or who | ||||||
22 | has a license on inactive status may have it restored by | ||||||
23 | submitting an application to the Department and filing proof | ||||||
24 | of fitness acceptable to the Department, to have the license | ||||||
25 | restored, including, if appropriate, evidence which is | ||||||
26 | satisfactory to the Department certifying the active practice |
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1 | of professional counseling or clinical professional counseling | ||||||
2 | in another jurisdiction and by paying the required fee. | ||||||
3 | (c) If the person has not maintained an active practice in | ||||||
4 | another jurisdiction which is satisfactory to the Department, | ||||||
5 | the Department shall determine, by rule, the person's fitness | ||||||
6 | to resume active status and shall establish procedures and | ||||||
7 | requirements for restoration. | ||||||
8 | (d) However, any person whose license expired while he or | ||||||
9 | she was (i) in federal service on active duty with the armed | ||||||
10 | forces of the United States or the State Militia or (ii) in | ||||||
11 | training or education under the supervision of the United | ||||||
12 | States government prior to induction into the military service | ||||||
13 | may have his or her license restored without paying any lapsed | ||||||
14 | renewal fees if, within 2 years after the honorable | ||||||
15 | termination of such service, training, or education, the | ||||||
16 | Department is furnished with satisfactory evidence that the | ||||||
17 | person has been so engaged and that such service, training, or | ||||||
18 | education has been so terminated. | ||||||
19 | (e) A license to practice shall not be denied any | ||||||
20 | applicant because of the applicant's race, religion, creed, | ||||||
21 | national origin, political beliefs or activities, age, sex, | ||||||
22 | sexual orientation, or physical impairment. | ||||||
23 | (f) (Blank). | ||||||
24 | (g) Notwithstanding any other provision of law, the | ||||||
25 | following requirements for restoration of an inactive or | ||||||
26 | expired license of 5 years or less as set forth in subsections |
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1 | (b), (c), and (f) are suspended for any licensed clinical | ||||||
2 | professional counselor who has had no disciplinary action | ||||||
3 | taken against his or her license in this State or in any other | ||||||
4 | jurisdiction during the entire period of licensure: proof of | ||||||
5 | fitness, certification of active practice in another | ||||||
6 | jurisdiction, and the payment of a renewal fee. An individual | ||||||
7 | may not restore his or her license in accordance with this | ||||||
8 | subsection more than once. | ||||||
9 | (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; | ||||||
10 | 103-154, eff. 6-30-23.)
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11 | (Text of Section after amendment by P.A. 103-715 ) | ||||||
12 | (Section scheduled to be repealed on January 1, 2028) | ||||||
13 | Sec. 50. Licenses; renewal; restoration; person in | ||||||
14 | military service; inactive status. | ||||||
15 | (a) The expiration date and renewal period for each | ||||||
16 | license issued under this Act shall be set by rule. As a | ||||||
17 | condition for renewal of a license, the licensee shall be | ||||||
18 | required to complete continuing education in accordance with | ||||||
19 | rules established by the Department and pay the current | ||||||
20 | renewal fee. | ||||||
21 | (a-5) A professional counselor who notifies the Department | ||||||
22 | in writing, through forms prescribed by the Department, may | ||||||
23 | elect to place his or her license on inactive status and shall, | ||||||
24 | subject to the rules of the Department, be excused from | ||||||
25 | payment of renewal fees until the professional counselor |
| |||||||
| |||||||
1 | notifies the Department in writing of his or her intent to | ||||||
2 | restore the license. Any professional counselor requesting | ||||||
3 | restoration from inactive status shall be required to pay the | ||||||
4 | renewal fee and shall be required to restore his or her license | ||||||
5 | as provided in this Section. | ||||||
6 | A professional counselor whose license is on inactive | ||||||
7 | status shall not practice in the State of Illinois. A person | ||||||
8 | who practices professional counseling while his or her license | ||||||
9 | is lapsed or on inactive status shall be considered to be | ||||||
10 | practicing without a license, which shall be grounds for | ||||||
11 | discipline under this Act. | ||||||
12 | (b) Any person who has permitted a license to expire or who | ||||||
13 | has a license on inactive status may have it restored by | ||||||
14 | submitting an application to the Department and filing proof | ||||||
15 | of fitness acceptable to the Department, to have the license | ||||||
16 | restored, including, if appropriate, evidence which is | ||||||
17 | satisfactory to the Department certifying the active practice | ||||||
18 | of professional counseling or clinical professional counseling | ||||||
19 | in another jurisdiction and by paying the required fee. | ||||||
20 | (c) If the person has not maintained an active practice in | ||||||
21 | another jurisdiction which is satisfactory to the Department, | ||||||
22 | the Department shall determine, by rule, the person's fitness | ||||||
23 | to resume active status and shall establish procedures and | ||||||
24 | requirements for restoration. | ||||||
25 | (d) However, any person whose license expired while he or | ||||||
26 | she was (i) in federal service on active duty with the armed |
| |||||||
| |||||||
1 | forces of the United States or the State Militia or (ii) in | ||||||
2 | training or education under the supervision of the United | ||||||
3 | States government prior to induction into the military service | ||||||
4 | may have his or her license restored without paying any lapsed | ||||||
5 | renewal fees if, within 2 years after the honorable | ||||||
6 | termination of such service, training, or education, the | ||||||
7 | Department is furnished with satisfactory evidence that the | ||||||
8 | person has been so engaged and that such service, training, or | ||||||
9 | education has been so terminated. | ||||||
10 | (e) A license to practice shall not be denied any | ||||||
11 | applicant because of the applicant's race, religion, creed, | ||||||
12 | national origin, real or perceived immigration status, | ||||||
13 | political beliefs or activities, age, sex, sexual orientation, | ||||||
14 | or physical impairment. | ||||||
15 | (f) (Blank). | ||||||
16 | (g) Notwithstanding any other provision of law, the | ||||||
17 | following requirements for restoration of an inactive or | ||||||
18 | expired license of 5 years or less as set forth in subsections | ||||||
19 | (b), (c), and (f) are suspended for any licensed clinical | ||||||
20 | professional counselor who has had no disciplinary action | ||||||
21 | taken against his or her license in this State or in any other | ||||||
22 | jurisdiction during the entire period of licensure: proof of | ||||||
23 | fitness, certification of active practice in another | ||||||
24 | jurisdiction, and the payment of a renewal fee. An individual | ||||||
25 | may not restore his or her license in accordance with this | ||||||
26 | subsection more than once. |
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1 | (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; | ||||||
2 | 103-154, eff. 6-30-23; 103-715, eff. 1-1-25.)
|