HB2776eng 102ND GENERAL ASSEMBLY

HB2776 Engrossed LRB102 15165 RAM 20520 b

AN ACT concerning State government.

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 adding Section 5-518 as follows:

(20 ILCS 5/5-518 new)

Sec. 5-518. Exception to professional state licensure for service members and spouses.

(a) In this Section:

"Service member" means any person who, at the time of notification 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.

"Military spouse" means a resident or nonresident spouse, at the time of notification under this Section, of 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.

(b) Except as otherwise provided by statute or rule, service member or military spouse may engage in the practice of his or her occupation or profession while the individual is stationed within this State, subject to the stated circumstances and limitations, without being licensed:

(i) the service member or military spouse holds a valid license to practice a regulated occupation or profession issued by another state, commonwealth, territory of the United States, or the District of Columbia;

(ii) the license is current and the service member or military spouse is in good standing in the state of licensure, the individual has not had a license or certificate revoked, the individual has not voluntarily surrendered a license or certificate in any other state or country while under investigation for unprofessional conduct, the individual has not had discipline imposed by any other regulating entity, and the individual does not have a complaint, allegation or investigation pending before another regulating entity in another state or country that relates to unprofessional conduct;

(iii) when the service member or military spouse was licensed or certified by another state, commonwealth, territory of the United States, or the District of Columbia, there were minimum education requirements and, if applicable, work experience and clinical supervision requirements in effect and the other state, commonwealth, territory of the United States, or the District of Columbia verifies that the individual met those requirements in order to be licensed or certified;

(iv) the service member or military spouse previously passed an examination required for the license or certification if required by the other state;

(v) a complete set of the service member's or military spouse's fingerprints has been submitted to the Illinois State Police for statewide and national criminal history checks; the service member or military spouse shall pay the fee to the Illinois State Police or to the fingerprint vendor for electronic fingerprint processing; exception to licensure is not applicable if the statewide or national criminal history check discloses information that would cause the denial of licensure under any applicable occupational or professional licensing Act; and

(vi) the service member or military spouse is not ineligible for licensure pursuant to Section 2105-165 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(c) A service member or military spouse who is exempted from licensure under subsection (a) shall comply with each requirement of the licensing jurisdiction from which the practitioner derives authority to practice.

(d) A service member or military spouse who is authorized under this Section to practice or engage in an occupation or profession may engage in the lawful, professional, and competent practice of that occupation or profession without additional licensure under other State law, except as otherwise provided by this Section.

(e) Violation of a limitation imposed by this Section constitutes grounds for removal of exempt status, denial of license, or other disciplinary proceedings.

(f) Each director of a department that issues an occupational or professional license shall verify that the existing license of a service member or military spouse is in good standing from any state, commonwealth, or territory of the United States or the District of Columbia.

(g) If an existing license of a service member or military spouse is in good standing, the Department of Financial and Professional Regulation shall waive any examination, educational, or experience requirements enabling exception to State licensure requirements.

(h) A department may adopt any rules necessary for the implementation and administration of this Section and by rule shall provide for fees for the administration of this Section.