Public Act 103-0708
 
HB5353 EnrolledLRB103 38026 RTM 68158 b

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

Effective Date:  1/1/2025