SB3617 102ND GENERAL ASSEMBLY

LRB102 22973 KTG 32127 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3617

Introduced 1/19/2022, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

See Index

Creates the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. Requires the Department of Human Services, Division of Mental Health, to award grants or contracts to licensed community mental health centers or behavioral health clinics to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist. Creates the Mental Health Assessment Reform Act to remove barriers to care in the Medicaid mental health assessment and treatment planning process. Creates the Recovery and Mental Health Tax Credit Act. Requires the Department to establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions. Creates an Advisory Council to advise the Department regarding employment of persons with mental illnesses and substance use disorders in minority communities. Amends the Illinois Income Tax Act to make conforming changes. Amends the Department of Healthcare and Family Services Law of the Civil Administrative Code. Requires the Department of Healthcare and Family Services to take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible and subject to federal law. Amends the Clinical Social Work and Social Work Practice Act. Provides that an individual applying for licensure as a clinical social worker who has been licensed at the independent level in another jurisdiction for 5 (rather than 10) consecutive years without discipline is not required to submit proof of completion of education and supervised clinical professional experience. Makes similar changes to the Marriage and Family Therapy Licensing Act and to the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act. Effective immediately.

A BILL FOR

AN ACT concerning mental health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Article 1.

Section 1-1. Short title. This Article may be cited as the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. References in this Article to "this Act" mean this Article.

Section 1-5. Findings. The General Assembly Finds that:

(1) The behavioral health workforce shortage, already at dire levels before 2020, has been exacerbated by the COVID-19 pandemic and is at a crisis point.

(2) Behavioral health workforce shortages, particularly licensed clinical staff, staff turnover in all positions, and workforce development are major concerns in the behavioral health field.

(3) By 2026, unfilled mental healthcare jobs in Illinois are expected to reach 8,353, according to Mercer's 2021 External Healthcare Labor Market Analysis.

(4) Community based mental health agencies often serve as training or supervision sites for interns and new entrants to the workforce seeking supervision hours to meet licensure requirements. These professionals are mandated to complete up to 3000 hours of supervised clinical experience. This places financial and time-resource hardships on these already lean organizations to provide the supervision.

(5) Many new mental health clinicians have to pay an estimated $10,000-$30,000 in fees for supervision according to Motivo. The amount is unaffordable for many students, particularly lower-income students, who graduate with tens of thousands of dollars in debt.

(6) Community mental health agencies frequently serve the most complex and chronically ill behavioral health clients, which can be a challenging population for new entrants to the workforce. Many times, professionals leave for better-paid opportunities with lower acuity patients after completing their facility-sponsored supervision requirements.

(7) The lack of compensation for serving as a training or supervision site and staff turnover adversely impact the ability of agencies to better prepare the workforce and meet the needs of their behavioral health clients.

(8) Recognizing and providing financial support for this function will help community-based agencies provide more training or supervision opportunities and may also assist with recruiting and retaining professionals at these sites.

(9) Providing financial support for this role would help to address reductions in standard clinical productivity as a result of time spent supervising new workers, enabling better absorption of the costs of high turnover, or allowing for these settings to staff appropriately to support training or supervision.

(10) For individuals seeking their licensure, roadblocks to supervision include cost-prohibitive fees, difficulty finding supervisors, and an even greater supervisor shortage in rural areas.

(11) Beyond fulfilling the required hours to get licensed, clinical supervision has a profound impact on the trajectory of an individual's career and the lives of their clients. Ultimately, effective clinical supervision helps ensure that clients are competently served.

(12) At a time when behavioral health providers report crisis level wait lists that force individuals seeking care to wait for months before they receive care, now more than ever, we need immediate solutions to help strengthen our State's behavioral health workforce.

Section 1-10. Grant awards. To develop and enhance professional development opportunities and diversity in the behavioral health field, and increase access to quality care, the Department of Human Services, Division of Mental Health, shall award grants or contracts to community mental health centers or behavioral health clinics licensed or certified by the Department of Human Services or the Department of Healthcare and Family Services to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist.

Section 1-15. Use of funds. An eligible entity receiving a grant or contract under this Act shall use funds received through the grant or contract to establish new, or enhance existing, training, and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist.

Section 1-20. Priority. In awarding grants and contracts under this Act, the Department of Human Services, Division of Mental Health, shall give priority to eligible entities in underserved urban areas and rural areas of the State.

Section 1-25. Grant terms. A grant or contract awarded under this Act shall be for a period of 3 years. Nothing in the Act precludes grantees to reapply for additional rounds of funding.

Section 1-30. Application submission. An entity seeking a grant or contract under this Act shall submit an application at such time, in such manner, and accompanied by such information as the Department of Human Services, Division of Mental Health, may require. Requirements by the Department of Human Services, Division of Mental Health shall be done in a way that ensures minimum additional administrative work.

Section 1-35. Reporting. Reporting requirements for the grant agreement shall be set forth by the Department of Human Services, Division of Mental Health.

Section 1-40. Funding. Funding for the grants or contracts is subject to appropriation.

Article 2.

Section 2-1. Short title. This Article may be cited as the Mental Health Assessment Reform Act. References in this Article to "this Act" mean this Article.

Section 2-3. Purpose. The purpose of this Act is to remove major barriers to care in the Medicaid mental health assessment and treatment planning process.

Section 2-5. Clear delineation of eligibility criteria for Medicaid community mental health services. Within 3 months after the effective date of this Act and in accordance with this Section, the Department of Healthcare and Family Services shall clearly identify the minimum information necessary to establish and document medical necessity in an individual's medical record for each community mental health general rehabilitation option service through the use of the Department's standardized assessment and treatment planning tool (assessment tool) required in the integrated assessment and treatment planning process. Such minimum medical necessity documentation requirements through the use of the assessment tool shall be publicly available to all community mental health centers and behavioral health clinics.

(1) Documenting medical necessity. The information required to be gathered and documented through the assessment tool to establish medical necessity for a mental health service shall be no broader than what is required to establish eligibility, duration, and frequency for such service:

(A) Mental health symptoms or functional impairment.

(B) A mental health diagnosis listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Health Disorders or the International Classification of Diseases.

(C) Any other information necessary solely for purposes of determining eligibility, duration, and frequency for a community-based mental health service.

(D) A recommendation for such service by an appropriate mental health or medical professional for the treatment of a mental health condition or symptoms or to improve functional impairment.

(2) Improved access to care. An individual shall immediately be eligible to receive any community mental health service or services upon documentation of the specified medical necessity criteria in his or her medical record and the provider shall be reimbursed for such delivered services. An individual's background, experiences, health, or other information that is not necessary to a medical necessity determination for a community mental health service shall be left to the clinical discretion of the provider as to the relevance for developing a treatment plan in the integrated assessment and treatment planning process. The absence of discretional information in an individual's integrated assessment and treatment planning or medical record that is unrelated to medical necessity shall not be used by the Department or any contracted third party to delay or deny a community mental health service. The integrated assessment and treatment planning process shall remain open for no less than 90 days to allow providers to gather the relevant and appropriate information from an individual to complete the integrated assessment and treatment planning process.

(3) No further assessment or treatment planning documentation shall be required if services are terminated or completed within 90 days. If an individual terminates or completes his or her community mental health services within 90 days from the date of his or her first treatment contact with his or her provider, the integrated assessment and treatment planning process also terminates, and no further documentation shall be required using the Department's assessment tool or in the individual's medical record. A provider shall be fully reimbursed for any services delivered for which medical necessity is established during these 90 days, and such services shall not be delayed or denied by the Department or a managed care organization.

Section 2-10. Preventing re-traumatization and unnecessary re-assessments. Beginning on the effective date of this Act, the integrated assessment and treatment planning process shall be required no more frequently than annually for any community mental health service covered under 89 Ill. Adm. Code 140.453, 140.455, and 140.TABLE N (c) and (e).

Section 2-15. Assessment and treatment planning process centered on motivational interviewing. Within 3 months after the effective date of this Act, through a workgroup established by the Department of Healthcare and Family Services to review the practical challenges of the Department's standardized assessment and treatment planning tool, the Department and stakeholders, including people with lived experience, shall work to resolve the issues listed below with the assessment tool and the integrated assessment and treatment planning process. Within 6 months after the effective date of this Act, the Department of Healthcare and Family Services shall deliver a report to the General Assembly, with a copy delivered to the Chairs of the Senate Behavioral and Mental Health Committee and the House Mental Health and Addiction Committee, that outlines in plain language the issues and recommendations discussed by the workgroup, what stakeholder recommendations the Department agreed with and will implement and the timeline for implementation, and which recommendations the Department declined to address and the reason for such decline.

(1) Reforming the Department's standardized assessment and treatment planning tool to enable the integrated assessment and treatment planning process to be centered on motivational interviewing.

(2) Avoiding requesting information in the integrated assessment and treatment planning process that can re-traumatize individuals by continuing to ask about past traumatic personal experiences that are better addressed through the clinical relationship.

(3) Examine the assessment tool for any potential racial or cultural biases.

(4) Ensure the confidentiality protections afforded individuals under Section 4 of the Mental Health and Developmental Disabilities Confidentiality Act are fully respected throughout the integrated assessment and treatment planning processes, in particular as it relates to the rights of minors between the age of 12 and 17 to limit their parents' access to mental health information.

(5) Ensure that individuals' mental health and substance use parity rights afforded under Section 370c.1 of the Illinois Insurance Code are fully recognized and protected in the integrated assessment and treatment planning process.

(6) Streamline the documentation process to ensure that clinician time is not wasted on unnecessary and duplicative paperwork and process.

(7) Ensure that managed care organizations do not deny a service for which medical necessity has been established and documented in the individual's medical record.

Section 2-20. Payment for the full assessment process. The Department of Healthcare and Family Services shall develop a billing code, modifier, or other mechanism to reimburse providers for the full time spent on the integrated assessment and treatment planning process, including Department-required documentation and submission of the integrated assessment and treatment planning without the client present, including transferring information onto the Department-required form; collateral interviews to collect client information; review of documentation received by hospitals, schools, and other health care entities; and uploading the information into the Department of Healthcare and Family Services' portal since this is a core part of the assessment and treatment planning process mandated by the Department. The reimbursement rate for documentation and submission shall be equal to the rate and rate add-on payment paid for the related specific integrated assessment and treatment planning service delivered. Provider payment for such services shall begin no later than July 1, 2022. If the Department of Healthcare and Family Services experiences any delays in implementation of this Section for any reason, including seeking federal approval, payment shall be retroactive to July 1, 2022.

Section 2-25. Improving training for mental health assessments with on-the-ground, experienced clinicians. To enable more consistency and effective use of the Department's standardized assessment and treatment planning tool used in the integrated assessment and treatment planning process, within 3 months after the effective date of the Act the Department of Healthcare and Family Services shall provide a train-the-trainer model as an alternative to the State-sponsored trainings, so providers can elect to train their own staff in the use and application of the assessment tool. This train-the-trainer model allows providers to maintain fidelity to the tool while providing practical knowledge of how the tool is implemented within the provider's unique service delivery environment, and allows for more timely training of new staff. All assessment tool trainings sponsored by the State shall be available in in-person and video modalities, including recorded trainings that can be accessed anytime, to ensure the timely training of provider staff.

Section 2-30. Federal approval and State administrative rulemaking. If federal approval is required for any provision of this Act, the Department of Healthcare and Family Services shall seek approval from the Centers for Medicare and Medicaid Services within 30 days after the effective date of this Act. Within 3 months after the Department receives federal approval, the Department may, with prior input from the Department's workgroup referenced in Section 2-15, adopt emergency rules to implement any provision of this Act in accordance with the Illinois Administrative Procedure Act.

Section 2-95. The Illinois Administrative Procedure Act is amended by adding Section 5-45.21 as follows:

(5 ILCS 100/5-45.21 new)

Sec. 5-45.21. Emergency rulemaking; Department of Healthcare and Family Services. To provide for the expeditious and timely implementation of the Mental Health Assessment Reform Act, emergency rules implementing any provision of the Mental Health Assessment Reform Act may be adopted in accordance with Section 5-45 by the Department of Healthcare and Family Services. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 102nd General Assembly.

Article 3.

Section 3-1. Short title. This Article may be cited as the Recovery and Mental Health Tax Credit Act. References in this Article to "this Act" mean this Article.

Section 3-5. Findings.

(a) In the interest of reducing stigma and increasing the available pool of potential employees, the General Assembly finds and declares that those residents of Illinois diagnosed with mental illness and substance use disorders should be eligible for and encouraged to seek gainful employment.

(b) The General Assembly finds and declares that minority communities in the State have been more negatively impacted in employment opportunities for minority residents diagnosed with mental illness and substance use disorders and should receive additional employment opportunities and incentives for employing minority residents diagnosed with mental illness or substance use disorders.

(c) Due to the COVID-19 public health emergency, employers in the State of Illinois have suffered negative economic impacts, a loss in workforce, staffing difficulties, and have found it difficult to recruit new workers.

(d) In the interest of providing additional employment opportunities for those residents of Illinois diagnosed with mental illness or substance use disorders and expanding the pool of potential workers in the State, the General Assembly finds and declares that certain qualified employers who employ eligible individuals should be eligible for a tax credit.

Section 3-10. Definitions. As used in this Act:

"Department" means the Department of Human Services.

"Eligible individual" means an individual with a substance use disorder, as that term is defined under Section 1-10 of the Substance Use Disorder Act, or an individual with a mental illness as that term is defined under Section 1-129 of the Mental Health and Developmental Disabilities Code, who is in a state of wellness and recovery where there is an abatement of signs and symptoms that characterize active substance use disorder or mental illness and has demonstrated to the qualified employer's satisfaction, pursuant to regulations promulgated by the Department, that he or she has completed a course of treatment or is currently in receipt of treatment for such substance use disorder or mental illness. A relapse in an individual's state of wellness shall not make the individual ineligible, so long as the individual shows a continued commitment to recovery that aligns with an individual's relapse prevention plan, discharge plan, or recovery plan.

"Qualified employer" means an employer operating within the State that has received a certificate of tax credit from the Department after the Department has determined that the employer:

(1) provides a recovery supportive environment for their employees evidenced by a formal working relationship with a substance use disorder treatment provider or facility or mental health provider or facility, each as may be licensed or certified within the State of Illinois, and providing reasonable accommodation to the employees to address their substance use disorder or mental illness, all at no cost or expense to the eligible individual; and

(2) satisfies all other criteria in this Section and established by the Department to participate in the recovery tax program created hereunder.

"Taxpayer" means any individual, corporation, partnership, trust, or other entity subject to the Illinois income tax. For the purposes of this Act, 2 individuals filing a joint return shall be considered one taxpayer.

Section 3-15. Authorization of tax credit program for individuals in recovery from substance use disorders or mental illness.

(a) For taxable years beginning on or after January 1, 2023, the Department is authorized to and shall establish and administer a recovery tax credit program to provide tax incentives to qualified employers who employ eligible individuals in recovery from a substance use disorder or mental illness in part-time and full-time positions within Illinois. The Department shall award the tax credit by issuance of a certificate of tax credit to the qualified employer, who will present the certificate of tax credit to the Department of Revenue as a credit against the qualified employer's tax obligation in accordance with this Act.

(b) To be a qualified employer, an employer must apply annually to the Department to claim a credit based upon eligible individuals employed during the preceding calendar year, using the forms prescribed by the Department. To be approved for a credit under this Act, the employer must:

(1) agree to provide to the Department the information necessary to demonstrate that the employer has satisfied program eligibility requirements and provided all information requested or needed by the Department, including the number of hours worked by the eligible individual and other information necessary for the Department to calculate the amount of credit permitted; and

(2) agree to provide names, employer identification numbers, amounts that the employer may claim, and other information necessary for the Department to calculate any tax credit.

(c) To be an eligible individual, the individual must be diagnosed with or have been diagnosed with a substance use disorder or mental illness. Disclosure by the eligible individual of his or her mental illness or substance use disorder shall be completely voluntary and his or her health information may not be shared or disclosed under this Act without the eligible individual's express written consent. The eligible individual must have been employed by the qualified employer in the State for a minimum of 500 hours during the applicable calendar year and the tax credit may only begin on the date the eligible individual is hired by the qualified employer and ending on December 31 of that calendar year or the date that the eligible individual's employment with the qualified employer ends, whichever occurs first. Only one tax credit may be awarded for any eligible individual while employed by the same or related qualified employer. The hours of employment of 2 or more eligible individuals may not be aggregated to reach the minimum number of hours. If an eligible individual has worked in excess of 500 hours between the date of hiring and December 31 of that year, a qualified employer can elect to compute and claim a credit for such eligible individual in that year based on the hours worked by December 31. Alternatively, the qualified employer may elect to include such individual in the computation of the credit in the year immediately succeeding the year in which the eligible individual was hired. In that case, the credit shall be computed on the basis of all hours worked by the eligible individual from the date of hire to the earlier of the last day of employment or December 31 of the succeeding year.

(d) The aggregate amount of all credits the Department may award under this Act in any calendar year may not exceed $2,000,000.

(e) If the qualified employer's taxable year is a calendar year, the employer shall be entitled to claim the credit as shown on the certificate of tax credit on the calendar year return for which the certificate of tax credit was issued. If the certified employer's taxable year is a fiscal year, the qualified employer shall be entitled to claim the credit as shown on the certificate of tax credit on the return for the fiscal year that includes the last day of the calendar year covered by the certificate of tax credit.

(f) If Department criteria and all other requirements are met, a qualified employer shall be entitled to a tax credit equal to the product of $1 and the number of hours worked by each eligible individual during the eligible individual's period of employment with the qualified employer. The tax credit awarded hereunder may not exceed $2,000 per eligible individual employed by the qualified employer in the State. In determining the amount of tax credit that any qualified employer may claim, the Department shall review all claims submitted for credit by all employers and, to the extent that the total amount claimed by employers exceeds the amount allocated for this program in that calendar year, shall issue tax credits on a pro rata basis corresponding to each qualified employer's share of the total amount claimed.

(g) No credit shall be taken under this Act if the taxpayer claims a federal income tax deduction for the employment of the eligible individual by a qualified employer.

(h) No tax credit awarded under this Act may reduce a qualified employer's tax obligation to less than zero.

(i) The Department of Revenue shall review and accept the tax credit certificates issued by the Department and apply the tax credit toward the qualified employer's income tax obligation. A taxpayer that is a qualified employer that has received a certificate of tax credit from the Department shall be allowed a credit against the tax imposed equal to the amount shown on such certificate of tax credit. If the taxpayer is (i) a corporation having an election in effect under Subchapter S of the federal Internal Revenue Code, (ii) a partnership, or (iii) a limited liability company, the credit provided under this Act may be claimed by the shareholders of the corporation, the partners of the partnership, or the members of the limited liability company in the same manner as those shareholders, partners, or members account for their proportionate shares of the income or losses of the corporation, partnership, or limited liability company, or as provided in the bylaws or other executed agreement of the corporation, partnership, or limited liability company. In carrying out this Act, no patient-specific information shall be shared or disclosed. Any information collected by the Department or the Department of Revenue shall not be subject to public disclosure or Freedom of Information Act requests.

(j) The credit under this Act is exempt from the provisions of Section 250 of the Illinois Income Tax Act.

Section 3-20. Advisory Council on Mental Illness and Substance Use Disorder Impacts on Employment Opportunities within Minority Communities. The Secretary of the Department shall appoint the Advisory Council on Mental Illness and Substance Use Disorder Impacts on Employment Opportunities within Minority Communities, to be composed of 15 members, which shall include a balanced representation of recipients, services providers, employers, local governmental units, community and welfare advocacy groups, academia, and the general public. The Advisory Council shall advise the Department regarding all aspects of employment impacts resulting from mental illnesses and substance use disorders within minority communities, tax credits, outreach, marketing, and education about the tax credit and employment opportunities, and other areas as deemed appropriate by the Secretary. In appointing the first Council, the Secretary shall name 8 members to terms of 2 years and 7 members to serve terms of 4 years, all of whom shall be appointed within 6 months of the effective date of this Act. All members appointed thereafter shall serve terms of 4 years. Members shall serve without compensation other than reimbursement of expenses actually incurred in the performance of their official duties. At its first meeting, the Advisory Council shall select a chair from among its members. The Advisory Council shall meet at least quarterly and at other times at the call of the chair.

Section 3-25. Powers. The Department shall adopt rules for the administration of this Act. The Department may enter into an intergovernmental agreement with the Department of Revenue for the administration of this Act.

Article 7.

Section 7-5. The Illinois Income Tax Act is amended by adding Section 232 as follows:

(35 ILCS 5/232 new)

Sec. 232. Recovery and Mental Health Tax Credit Act. A taxpayer who has been awarded a credit under the Recovery and Mental Health Tax Credit Act is entitled to a credit against the tax imposed by subsections (a) and (b) of Section 201 as provided in that Act. This Section is exempt from the provisions of Section 250.

Article 10.

Section 10-5. The Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois is amended by adding Section 2205-40 as follows:

(20 ILCS 2205/2205-40 new)

Sec. 2205-40. Department transparency. The Department of Healthcare and Family Services shall, to the full extent permitted by federal law, take all necessary action to ensure that proposed modifications, additions, deletions, or amendments to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions of the Illinois Public Aid Code are announced, shared, disseminated, and explained prior to the Department undertaking such proposed modifications, if legally possible. The Department shall, to the full extent permitted under federal and State law, provide notice, information, and opportunity to comment, object, or support prior to final action upon, addition, modification, deletion, or amendment to the healthcare and behavioral healthcare (mental health and substance use disorder) provisions to or from the Illinois Public Aid Code or rules or regulations promulgated based upon the Illinois Public Aid Code, for which the Department has authority over or participates in, including, but not limited to, 59 Ill. Adm. Code 132, 77 Ill. Adm. Code 2060, 77 Ill. Adm. Code 2090, and 89 Ill. Adm. Code 140, or any amendments or additions thereto, in accordance with the Illinois Administrative Procedure Act, by public notice and written or electronic notice directed to the public and via notice and meaningful opportunity to comment and provide input and advice upon proposed actions of the Department by the following Illinois groups or entities ("interested parties"):

(1) consumer or patient advocacy groups;

(2) statewide provider trade associations;

(3) managed care organizations under contract with the Department;

(4) statewide managed care organization trade associations; and

(5) statewide child advocacy associations.

This Section shall not be construed to modify or grant preferences to the interested parties over any other party or the public with respect to the Department's administrative or legislative activities. Nor shall this Section grant the interested parties the right to block or veto Department action.

In addition to the foregoing, the Department of Healthcare and Family Services shall provide public notice and written or electronic notice to the interested parties to the full extent permitted under federal law related to any State Plan amendment or waiver submitted to the federal Centers for Medicare and Medicaid Services.

Article 15.

Section 15-5. The Clinical Social Work and Social Work Practice Act is amended by changing Section 12.5 as follows:

(225 ILCS 20/12.5)

(Section scheduled to be repealed on January 1, 2028)

Sec. 12.5. Endorsement. The Department may issue a license as a clinical social worker or as a social worker, without the required examination, to an applicant licensed under the laws of another jurisdiction if the requirements for licensure in that jurisdiction are, on the date of licensure, substantially equivalent to the requirements of this Act or to any person who, at the time of his or her licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. An applicant under this Section shall pay the required fees.

An individual applying for licensure as a clinical social worker who has been licensed at the independent level in another United States jurisdiction for 5 10 consecutive years without discipline is not required to submit proof of completion of the education and supervised clinical professional experience required in paragraph (3) of Section 9 and proof of passage of the examination required in paragraph (4) of Section 9. Individuals with 5 10 consecutive years of experience must submit certified verification of licensure from the jurisdiction in which the applicant practiced and must comply with all other licensing requirements and pay all required fees.

If the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be required to provide additional information.

An applicant has 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source: P.A. 100-766, eff. 1-1-19.)

Section 15-10. The Marriage and Family Therapy Licensing Act is amended by changing Section 65 as follows:

(225 ILCS 55/65) (from Ch. 111, par. 8351-65)

(Section scheduled to be repealed on January 1, 2027)

Sec. 65. Endorsement. The Department may issue a license as a licensed marriage and family therapist, without the required examination, to an applicant licensed under the laws of another state if the requirements for licensure in that state are, on the date of licensure, substantially equivalent to the requirements of this Act or to a person who, at the time of his or her application for licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State. An applicant under this Section shall pay all of the required fees.

An individual applying for licensure as a licensed marriage and family therapist who has been licensed at the independent level in another United States jurisdiction for 5 10 consecutive years without discipline is not required to submit proof of completion of the education, professional experience, and supervision required in Section 40. Individuals with 5 10 consecutive years of experience must submit certified verification of licensure from the jurisdiction in which the applicant practiced and must comply with all other licensing requirements and pay all required fees.

If the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be required to provide additional information.

Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source: P.A. 100-372, eff. 8-25-17; 100-766, eff. 1-1-19.)

Section 15-20. The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act is amended by changing Section 70 as follows:

(225 ILCS 107/70)

(Section scheduled to be repealed on January 1, 2023)

Sec. 70. Endorsement. The Department may issue a license as a licensed professional counselor or licensed clinical professional counselor, without the required examination, to (i) an applicant licensed under the laws of another state or United States jurisdiction whose standards in the opinion of the Department, were substantially equivalent at the date of his or her licensure in the other jurisdiction to the requirements of this Act or (ii) any person who, at the time of licensure, possessed individual qualifications which were substantially equivalent to the requirements of this Act. Such an applicant shall pay all of the required fees.

An individual applying for licensure as a clinical professional counselor who has been licensed independent level in another United States jurisdiction for 5 10 consecutive years without discipline is not required to submit proof of completion of the supervised employment or experience required in subsection (b) of Section 45. Individuals with 5 10 consecutive years of experience must submit certified verification of licensure from the jurisdiction in which the applicant practiced and must comply with all other licensing requirements and pay all required fees.

If the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be required to provide additional information.

Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source: P.A. 100-766, eff. 1-1-19.)

Article 99.

Section 99-99. Effective date. This Act takes effect upon becoming law.