SB1632 102ND GENERAL ASSEMBLY

LRB102 15447 SPS 20810 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1632

Introduced 2/26/2021, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

225 ILCS 20/5	from Ch. 111, par. 6355
225 ILCS 20/8	from Ch. 111, par. 6358
225 ILCS 20/9A	from Ch. 111, par. 6359A
225 ILCS 20/11	from Ch. 111, par. 6361

Amends the Clinical Social Work and Social Work Practice Act. Removes a provision requiring a person to pass an examination as authorized by the Department of Financial and Professional Regulation to be qualified to be licensed as a licensed social worker. Makes corresponding changes.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Clinical Social Work and Social Work Practice Act is amended by changing Sections 5, 8, 9A, and 11 as follows:

(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(Section scheduled to be repealed on January 1, 2028)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 to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work and in the practice of social work, pass upon the qualifications of applicants for licenses, and issue licenses to those who are found to be fit and qualified.

(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. 100-414, eff. 8-25-17.)

(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(Section scheduled to be repealed on January 1, 2028)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 or as a licensed 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) 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). Applicants for a license as a licensed social worker enrolled in an approved program for a master's degree in social work may sit for the authorized examination for licensed social workers in the final semester of the program for a master's degree in social work without prior approval of the Department. The Department may adopt rules to administer this paragraph (6). Applicants for a license as a licensed social worker must still meet all requirements set forth in Section 9A.

(Source: P.A. 101-568, eff. 1-1-20.)

(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) 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 has passed the examination for the practice of social work as a licensed social worker as authorized by the Department; and

(5) has paid the required fees.

(Source: P.A. 100-414, eff. 8-25-17.)

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

(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.

(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.

(Source: P.A. 95-687, eff. 10-23-07.)