Bill Text: IL HB5353 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Civil Administrative Code of Illinois. In provisions concerning expedited licensure for service members and spouses, provides that the military liaison's responsibilities include the management and oversight of all military portability licenses. Provides that 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. Provides the qualifications for a professional portability license. Provides that a professional portability license is subject to all statutes, rules, and regulations governing the license. Defines terms. Allows the Department to adopt rules to implement professional portability licenses. Amends the Clinical Social Work and Social Work Practice Act, the Marriage and Family Therapy Licensing Act, and the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Provides that the Department shall approve all examination applications and notify the relevant testing authorities of the applicant's authorization to take the exam. Provides that approval to take the examination is not approval of the application. In the Clinical Social Work and Social Work Practice Act, removes the requirement that an applicant has one year from the date of notification of successful completion of the examination to apply to the Department of Financial and Professional Regulation for a license. Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Engrossed) 2024-05-08 - Placed on Calendar Order of 3rd Reading May 8, 2024 [HB5353 Detail]

Download: Illinois-2023-HB5353-Engrossed.html

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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

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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

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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

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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

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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

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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

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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

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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.)

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(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.

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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

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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

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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

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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

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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

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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

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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

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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

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