HB5257ham001 103RD GENERAL ASSEMBLY

Rep. Barbara Hernandez

Filed: 3/25/2024

10300HB5257ham001 LRB103 38890 RTM 70960 a

AMENDMENT TO HOUSE BILL 5457

AMENDMENT NO. ______. Amend House Bill 5457 on page 3, lines 19 and 20, by replacing "Sections 7, 7.5, and 19 and by adding Section 8.3" with "Sections 5, 7, 7.5, and 19"; and

on page 3, immediately below line 20, by inserting the following:

"(225 ILCS 20/5) (from Ch. 111, par. 6355)

(Section scheduled to be repealed on January 1, 2028)

Sec. 5. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers, and duties:

(1) Conduct or authorize examinations or examination alternatives to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work, pass upon the qualifications of applicants for licenses, and issue licenses to those who are found to be fit and qualified. All examinations, either conducted or authorized, must allow reasonable accommodations for applicants for whom English is not their primary language and a test in their primary language is not available. Further, 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) Adopt rules required for the administration and enforcement of this Act.

(3) Adopt rules for determining approved undergraduate and graduate social work degree programs and prepare and maintain a list of colleges and universities offering such approved programs whose graduates, if they otherwise meet the requirements of this Act, are eligible to apply for a license.

(4) 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.

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

(6) Maintain rosters of the names and addresses of all persons who hold valid licenses under this Act. These rosters shall be available upon written request and payment of the required fee.

(Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24.)"; and

by deleting line 9 on page 5 through line 4 on page 7; and

on page 17, by replacing lines 15 and 16 with "is amended by changing Sections 30, 32, 45, and 85 as follows:"; and

by replacing line 6 on page 19 through line 1 on page 21 with the following:

"(225 ILCS 56/45)

(Section scheduled to be repealed on January 1, 2028)

Sec. 45. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall:

(1) adopt rules defining what constitutes a curriculum for music therapy that is reputable and in good standing;

(2) adopt rules providing for the establishment of a uniform and reasonable standard of instruction and maintenance to be observed by all curricula for music therapy that are approved by the Department and determine the reputability and good standing of the curricula for music therapy by reference to compliance with the rules, provided that no school of music therapy that refuses admittance to applicants solely on account of race, color, creed, sex, or national origin shall be considered reputable and in good standing;

(3) adopt and publish rules for a method of examination of candidates for licensed professional music therapists and for issuance of licenses authorizing candidates upon passing examination to practice as licensed professional music therapists;

(4) review applications to ascertain the qualifications of applicants for licenses;

(5) authorize examinations to ascertain the qualifications of those applicants who require examinations as a component of a license. All examinations, either conducted or authorized, must allow reasonable accommodations for applicants for whom English is not their primary language and a test in their primary language is not available. Further, 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;

(6) conduct hearings on proceedings to refuse to issue or renew a license or to revoke, suspend, place on probation, or reprimand licenses issued under this Act or otherwise discipline; and

(7) adopt rules necessary for the administration of this Act.

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

on page 32, line 10, by replacing "Sections 37, 50, and 80 and by adding Section 43" with "Sections 25, 37, 50, and 80"; and

on page 32, immediately below line 11, by inserting the following:

"(225 ILCS 107/25)

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

Sec. 25. Powers and duties of the Department. Subject to the provisions of this Act, the Department may:

(a) Authorize examinations to ascertain the qualifications and fitness of applicants for licensing as professional counselors or clinical professional counselors and pass upon the qualifications of applicants for licensure by endorsement. All examinations, either conducted or authorized, must allow reasonable accommodations for applicants for whom English is not their primary language and a test in their primary language test is not available. Further, 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) Conduct hearings on proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, censure, or reprimand or take any other disciplinary or non-disciplinary action with regard to a person licensed under this Act.

(c) Formulate rules and regulations required for the administration of this Act.

(d) (Blank).

(e) Establish rules for determining approved graduate professional counseling, clinical professional counseling, psychology, rehabilitation counseling and similar programs.

(Source: P.A. 102-878, eff. 1-1-23.)"; and

by deleting line 2 on page 33 through line 22 on page 34.