Public Act 0178 104TH GENERAL ASSEMBLY

HB1365 Enrolled LRB104 03329 AAS 13351 b

Public Act 104-0178

AN ACT concerning regulation.

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

Section 5. The Clinical Psychologist Licensing Act is amended by changing Section 6 and by adding Section 10.5 as follows:

(225 ILCS 15/6) (from Ch. 111, par. 5356)

(Section scheduled to be repealed on January 1, 2027)

Sec. 6. Subject to the provisions of this Act, the Department shall:

(1) Authorize examinations to ascertain the qualifications and fitness of applicants for licensure as clinical psychologists and pass upon the qualifications of applicants for reciprocal licensure. All examinations, either conducted or authorized, must allow reasonable accommodations for an applicant whose primary language is not English if an examination in the applicant's primary language is not available. All examinations either conducted or authorized must comply with all communication, access, and reasonable modification requirements in Section 504 of the federal Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990.

(2) Conduct hearings on proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, or reprimand persons licensed under the provisions of this Act, and to refuse to issue or to suspend or to revoke or to refuse to renew licenses or to place on probation or reprimand such persons licensed under the provisions of this Act.

(3) Adopt rules and regulations required for the administration of this Act.

(4) Prescribe forms to be issued for the administration and enforcement of this Act.

(5) Conduct investigations related to possible violations of this Act.

(Source: P.A. 99-572, eff. 7-15-16.)

(225 ILCS 15/10.5 new)

Sec. 10.5. Practice pending licensure.

(a) An applicant for licensure under this Act shall be authorized to temporarily practice under supervision pending issuance of a license if: (1) the applicant authorizes the Department to release information regarding the application's status; and (2) the Department acknowledges that the application has been received, which may be proven by the applicant providing the employer with a copy of the Department's license application screen that shows that the application is pending.

(b) Temporary authorization to practice under this Section shall immediately terminate upon: (1) a determination by the Department that, based upon review of the application and supporting documents, the applicant does not meet the requirements for licensure; (2) a determination by the Department that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act; or (3) the issuance of a permanent license.

Section 10. The Clinical Social Work and Social Work Practice Act is amended by changing Sections 9, 9A, and 11 and by adding Section 9B as follows:

(225 ILCS 20/9) (from Ch. 111, par. 6359)

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

Sec. 9. Qualifications for clinical social worker license. A person shall be qualified to be licensed as a clinical social worker if that person:

(1) has applied in writing on the prescribed form;

(2) has not is of good moral character. In determining good moral character, the Department may take into consideration whether the applicant was engaged in conduct or actions that would constitute grounds for discipline under this Act;

(3)(a) demonstrates to the satisfaction of the Department that subsequent to securing a master's degree in social work from an approved program the applicant has successfully completed at least 3,000 hours of satisfactory, supervised clinical professional experience; or

(b) demonstrates to the satisfaction of the Department that such applicant has received a doctor's degree in social work from an approved program and has completed at least 2,000 hours of satisfactory, supervised clinical professional experience subsequent to the degree;

(4) has passed the examination for the practice of clinical social work as authorized by the Department or has completed the examination alternative set forth in Section 8.2; and

(5) has paid the required fees.

(Source: P.A. 103-433, eff. 1-1-24.)

(225 ILCS 20/9A) (from Ch. 111, par. 6359A)

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

Sec. 9A. Qualifications for license as licensed social worker. A person shall be qualified to be licensed as a licensed social worker if that person:

(1) has applied in writing on the prescribed form;

(2) has not engaged in conduct or actions that would constitute grounds for discipline under this Act is of good moral character, as defined in subsection (2) of Section 9;

(3)(a) has a degree from a graduate program of social work approved by the Department; or

(b) has a degree in social work from an undergraduate program approved by the Department and has successfully completed at least 3 years of supervised professional experience subsequent to obtaining the degree as established by rule. If no supervision by a licensed social worker or a licensed clinical social worker is available, then supervised professional experience may include supervision by other appropriate disciplines as defined by rule;

(4) (blank); and

(5) has paid the required fees.

(Source: P.A. 102-326, eff. 1-1-22.)

(225 ILCS 20/9B new)

Sec. 9B. Practice pending licensure.

(a) An applicant for licensure under this Act shall be authorized to temporarily practice under supervision pending issuance of a license if: (1) the applicant authorizes the Department to release information regarding the application's status; and (2) the Department acknowledges that the application has been received, which may be proven by the applicant providing the employer with a copy of the Department's license application screen that shows that the application is pending.

(b) Temporary authorization to practice under this Section shall immediately terminate upon: (1) a determination by the Department that, based upon review of the application and supporting documents, the applicant does not meet the requirements for licensure; (2) a determination by the Department that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act; or (3) the issuance of a permanent license.

(225 ILCS 20/11) (from Ch. 111, par. 6361)

(Text of Section before amendment by P.A. 103-1048)

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

Sec. 11. Licenses; renewal; restoration; person in military service; inactive status.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The licensee may renew a license during the 60-day period preceding its expiration date by paying the required fee and by demonstrating compliance with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements. The Department may, by rule, specify circumstances under which the continuing education requirements may be waived.

(a-5) A social worker who notifies the Department in writing, through forms prescribed by the Department, may elect to place his or her license on inactive status and shall, subject to the rules of the Department, be excused from payment of renewal fees until the social worker notifies the Department in writing of his or her intent to restore the license. A social worker requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in this Section.

A social worker whose license is on inactive status shall not practice in the State of Illinois. A person who practices social work while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under this Act.

(b) Any person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of clinical social work or social work in another jurisdiction and by paying the required fee.

(b-5) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine the person's fitness to resume active status. The Department may also require the person to complete a specific period of evaluated clinical social work or social work experience and may require successful completion of an examination for clinical social workers.

(b-7) Notwithstanding any other provision of this Act, any person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or in training or education under the supervision of the United States government prior to induction into the military service may have his or her license restored without paying any renewal fees if, within 2 years after the honorable termination of that service, training or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training or education has been so terminated.

(c) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) The Department shall indicate on each license the academic degree of the licensee.

(h) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b) and (b-5) are suspended for any licensed clinical social worker who has had no disciplinary action taken against his or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a fee or renewal fee. An individual may not restore his or her license in accordance with this subsection more than once.

(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)

(Text of Section after amendment by P.A. 103-1048)

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

Sec. 11. Licenses; renewal; restoration; person in military service; inactive status.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The licensee may renew a license during the 60-day period preceding its expiration date by paying the required fee and by demonstrating compliance with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements. The Department may, by rule, specify circumstances under which the continuing education requirements may be waived.

(a-5) A social worker who notifies the Department in writing, through forms prescribed by the Department, may elect to place his or her license on inactive status and shall, subject to the rules of the Department, be excused from payment of renewal fees until the social worker notifies the Department in writing of his or her intent to restore the license. A social worker requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in this Section.

A social worker whose license is on inactive status shall not practice in the State of Illinois. A person who practices social work while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under this Act.

(b) Any person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of clinical social work or social work in another jurisdiction and by paying the required fee.

(b-5) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine the person's fitness to resume active status. The Department may also require the person to complete a specific period of evaluated clinical social work or social work experience and may require successful completion of an examination for clinical social workers.

(b-7) Notwithstanding any other provision of this Act, any person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or in training or education under the supervision of the United States government prior to induction into the military service may have the person's license restored without paying any renewal fees if, within 2 years after the honorable termination of that service, training or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training or education has been so terminated.

(c) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) The Department shall indicate on each license the academic degree of the licensee.

(h) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b) and (b-5) are suspended for any licensed clinical social worker who has had no disciplinary action taken against the licensed clinical social worker's license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a fee or renewal fee. An individual may not restore the individual's license in accordance with this subsection more than once.

(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22; 103-1048, eff. 1-1-25.)

Section 15. The Marriage and Family Therapy Licensing Act is amended by changing Section 20 and by adding Section 43 as follows:

(225 ILCS 55/20) (from Ch. 111, par. 8351-20)

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

Sec. 20. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers, and duties:

(a) Conduct or authorize examinations to ascertain the fitness and qualifications of applicants for licensure and issue licenses to those who are found to be fit and qualified.

(b) Adopt rules required for the administration of this Act, including, but not limited to, rules for a method of examination of candidates and for determining approved graduate programs. All examinations, either conducted or authorized, must allow reasonable accommodations for an applicant whose primary language is not English if an examination in the applicant's primary language is not available. All examinations either conducted or authorized must comply with all communication, access, and reasonable modification requirements in Section 504 of the federal Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990.

(b-5) Prescribe forms to be issued for the administration and enforcement of this Act consistent with and reflecting the requirements of this Act and rules adopted pursuant to this Act.

(c) Conduct hearings on proceedings to refuse to issue or renew licenses or to revoke, suspend, place on probation, or reprimand persons licensed under the provisions of this Act.

(d) Conduct investigations related to possible violations of this Act.

The Board may make recommendations on matters relating to continuing education, including the number of hours necessary for license renewal, waivers for those unable to meet the requirements, and acceptable course content.

(Source: P.A. 100-372, eff. 8-25-17.)

(225 ILCS 55/43 new)

Sec. 43. Practice pending licensure.

(a) An applicant for licensure under this Act shall be authorized to temporarily practice under supervision pending issuance of a license if: (1) the applicant authorizes the Department to release information regarding the application's status; and (2) the Department acknowledges that the application has been received, which may be proven by the applicant providing the employer with a copy of the Department's license application screen that shows that the application is pending.

(b) Temporary authorization to practice under this Section shall immediately terminate upon: (1) a determination by the Department that, based upon review of the application and supporting documents, the applicant does not meet the requirements for licensure; (2) a determination by the Department that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act; or (3) the issuance of a permanent license.

Section 20. The Music Therapy Licensing and Practice Act is amended by changing Section 60 and by adding Section 63 as follows:

(225 ILCS 56/60)

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

Sec. 60. Qualifications for licensure.

(a) The Secretary shall issue a license to an applicant for a professional music therapist license if the applicant has completed and submitted an application form in the manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that:

(1) the applicant has received a baccalaureate degree or higher in music therapy, or its equivalent, as defined by the Department;

(2) the applicant is at least 18 years of age;

(3) the applicant is of good moral character. In determining moral character under this paragraph, the Department may take into consideration whether the applicant has not engaged in conduct or activities which would constitute grounds for discipline under this Act; and

(4) the applicant provides proof of passing an exam determined by the Department or provides proof that the applicant holds a current music therapist credential as determined by the Department.

(Source: P.A. 102-993, eff. 5-27-22.)

(225 ILCS 56/63 new)

Sec. 63. Practice pending licensure.

(a) An applicant for licensure under this Act shall be authorized to temporarily practice under supervision pending issuance of a license if: (1) the applicant authorizes the Department to release information regarding the application's status; and (2) the Department acknowledges that the application has been received, which may be proven by the applicant providing the employer with a copy of the Department's license application screen that shows that the application is pending.

(b) Temporary authorization to practice under this Section shall immediately terminate upon: (1) a determination by the Department that, based upon review of the application and supporting documents, the applicant does not meet the requirements for licensure; (2) a determination by the Department that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act; or (3) the issuance of a permanent license.

Section 23. The Illinois Occupational Therapy Practice Act is amended by adding Section 8.1 as follows:

(225 ILCS 75/8.1 new)

Sec. 8.1. Practice pending licensure.

(a) An applicant for licensure under this Act shall be authorized to temporarily practice under supervision pending issuance of a license if: (1) the applicant authorizes the Department to release information regarding the application's status; and (2) the Department acknowledges that the application has been received, which may be proven by the applicant providing the employer with a copy of the Department's license application screen that shows that the application is pending.

(b) Temporary authorization to practice under this Section shall immediately terminate upon: (1) a determination by the Department that, based upon review of the application and supporting documents, the applicant does not meet the requirements for licensure; (2) a determination by the Department that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act; or (3) the issuance of a permanent license.

Section 25. The Professional Counselor and Clinical Professional Counselor Licensing and Practice Act is amended by changing Section 50 and by adding Section 47 as follows:

(225 ILCS 107/47 new)

Sec. 47. Practice pending licensure.

(a) An applicant for licensure under this Act shall be authorized to temporarily practice under supervision pending issuance of a license if: (1) the applicant authorizes the Department to release information regarding the application's status; and (2) the Department acknowledges that the application has been received, which may be proven by the applicant providing the employer with a copy of the Department's license application screen that shows that the application is pending.

(b) Temporary authorization to practice under this Section shall immediately terminate upon: (1) a determination by the Department that, based upon review of the application and supporting documents, the applicant does not meet the requirements for licensure; (2) a determination by the Department that the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act; or (3) the issuance of a permanent license.

(225 ILCS 107/50)

(Text of Section before amendment by P.A. 103-715)

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

Sec. 50. Licenses; renewal; restoration; person in military service; inactive status.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. As a condition for renewal of a license, the licensee shall be required to complete continuing education in accordance with rules established by the Department and pay the current renewal fee.

(a-5) A professional counselor who notifies the Department in writing, through forms prescribed by the Department, may elect to place his or her license on inactive status and shall, subject to the rules of the Department, be excused from payment of renewal fees until the professional counselor notifies the Department in writing of his or her intent to restore the license. Any professional counselor requesting restoration from inactive status shall be required to pay the renewal fee and shall be required to restore his or her license as provided in this Section.

A professional counselor whose license is on inactive status shall not practice in the State of Illinois. A person who practices professional counseling while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under this Act.

(b) Any person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness acceptable to the Department, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of professional counseling or clinical professional counseling in another jurisdiction and by paying the required fee.

(c) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine, by rule, the person's fitness to resume active status and shall establish procedures and requirements for restoration.

(d) However, any person whose license expired while he or she was (i) in federal service on active duty with the armed forces of the United States or the State Militia or (ii) in training or education under the supervision of the United States government prior to induction into the military service may have his or her license restored without paying any lapsed renewal fees if, within 2 years after the honorable termination of such service, training, or education, the Department is furnished with satisfactory evidence that the person has been so engaged and that such service, training, or education has been so terminated.

(e) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs or activities, age, sex, sexual orientation, or physical impairment.

(f) (Blank).

(g) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b), (c), and (f) are suspended for any licensed clinical professional counselor who has had no disciplinary action taken against his or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a renewal fee. An individual may not restore his or her license in accordance with this subsection more than once.

(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; 103-154, eff. 6-30-23.)

(Text of Section after amendment by P.A. 103-715)

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

Sec. 50. Licenses; renewal; restoration; person in military service; inactive status.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. As a condition for renewal of a license, the licensee shall be required to complete continuing education in accordance with rules established by the Department and pay the current renewal fee.

(a-5) A professional counselor who notifies the Department in writing, through forms prescribed by the Department, may elect to place his or her license on inactive status and shall, subject to the rules of the Department, be excused from payment of renewal fees until the professional counselor notifies the Department in writing of his or her intent to restore the license. Any professional counselor requesting restoration from inactive status shall be required to pay the renewal fee and shall be required to restore his or her license as provided in this Section.

A professional counselor whose license is on inactive status shall not practice in the State of Illinois. A person who practices professional counseling while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under this Act.

(b) Any person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness acceptable to the Department, to have the license restored, including, if appropriate, evidence which is satisfactory to the Department certifying the active practice of professional counseling or clinical professional counseling in another jurisdiction and by paying the required fee.

(c) If the person has not maintained an active practice in another jurisdiction which is satisfactory to the Department, the Department shall determine, by rule, the person's fitness to resume active status and shall establish procedures and requirements for restoration.

(d) However, any person whose license expired while he or she was (i) in federal service on active duty with the armed forces of the United States or the State Militia or (ii) in training or education under the supervision of the United States government prior to induction into the military service may have his or her license restored without paying any lapsed renewal fees if, within 2 years after the honorable termination of such service, training, or education, the Department is furnished with satisfactory evidence that the person has been so engaged and that such service, training, or education has been so terminated.

(e) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, real or perceived immigration status, political beliefs or activities, age, sex, sexual orientation, or physical impairment.

(f) (Blank).

(g) Notwithstanding any other provision of law, the following requirements for restoration of an inactive or expired license of 5 years or less as set forth in subsections (b), (c), and (f) are suspended for any licensed clinical professional counselor who has had no disciplinary action taken against his or her license in this State or in any other jurisdiction during the entire period of licensure: proof of fitness, certification of active practice in another jurisdiction, and the payment of a renewal fee. An individual may not restore his or her license in accordance with this subsection more than once.

(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; 103-154, eff. 6-30-23; 103-715, eff. 1-1-25.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.