Rep. Barbara Hernandez
Filed: 3/25/2024
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1 | AMENDMENT TO HOUSE BILL 5457 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5457 on page 3, | ||||||
3 | lines 19 and 20, by replacing "Sections 7, 7.5, and 19 and by | ||||||
4 | adding Section 8.3" with "Sections 5, 7, 7.5, and 19"; and | ||||||
5 | on page 3, immediately below line 20, by inserting the | ||||||
6 | following: | ||||||
7 | "(225 ILCS 20/5) (from Ch. 111, par. 6355) | ||||||
8 | (Section scheduled to be repealed on January 1, 2028) | ||||||
9 | Sec. 5. Powers and duties of the Department. Subject to | ||||||
10 | the provisions of this Act, the Department shall exercise the | ||||||
11 | following functions, powers, and duties: | ||||||
12 | (1) Conduct or authorize examinations or examination | ||||||
13 | alternatives to ascertain the qualifications and fitness | ||||||
14 | of candidates for a license to engage in the independent | ||||||
15 | practice of clinical social work, pass upon the | ||||||
16 | qualifications of applicants for licenses, and issue |
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1 | licenses to those who are found to be fit and qualified. | ||||||
2 | All examinations, either conducted or authorized, must | ||||||
3 | allow reasonable accommodations for applicants for whom | ||||||
4 | English is not their primary language and a test in their | ||||||
5 | primary language is not available. Further, all | ||||||
6 | examinations either conducted or authorized must comply | ||||||
7 | with all communication access and reasonable modification | ||||||
8 | requirements in Section 504 of the federal Rehabilitation | ||||||
9 | Act of 1973 and Title II of the Americans with | ||||||
10 | Disabilities Act of 1990. | ||||||
11 | (2) Adopt rules required for the administration and | ||||||
12 | enforcement of this Act. | ||||||
13 | (3) Adopt rules for determining approved undergraduate | ||||||
14 | and graduate social work degree programs and prepare and | ||||||
15 | maintain a list of colleges and universities offering such | ||||||
16 | approved programs whose graduates, if they otherwise meet | ||||||
17 | the requirements of this Act, are eligible to apply for a | ||||||
18 | license. | ||||||
19 | (4) Prescribe forms to be issued for the | ||||||
20 | administration and enforcement of this Act consistent with | ||||||
21 | and reflecting the requirements of this Act and rules | ||||||
22 | adopted pursuant to this Act. | ||||||
23 | (5) Conduct investigations related to possible | ||||||
24 | violations of this Act. | ||||||
25 | (6) Maintain rosters of the names and addresses of all | ||||||
26 | persons who hold valid licenses under this Act. These |
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1 | rosters shall be available upon written request and | ||||||
2 | payment of the required fee. | ||||||
3 | (Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24 .)"; | ||||||
4 | and | ||||||
5 | by deleting line 9 on page 5 through line 4 on page 7; and | ||||||
6 | on page 17, by replacing lines 15 and 16 with "is amended by | ||||||
7 | changing Sections 30, 32, 45, and 85 as follows:"; and | ||||||
8 | by replacing line 6 on page 19 through line 1 on page 21 with | ||||||
9 | the following: | ||||||
10 | "(225 ILCS 56/45) | ||||||
11 | (Section scheduled to be repealed on January 1, 2028) | ||||||
12 | Sec. 45. Powers and duties of the Department. Subject to | ||||||
13 | the provisions of this Act, the Department shall: | ||||||
14 | (1) adopt rules defining what constitutes a curriculum | ||||||
15 | for music therapy that is reputable and in good standing; | ||||||
16 | (2) adopt rules providing for the establishment of a | ||||||
17 | uniform and reasonable standard of instruction and | ||||||
18 | maintenance to be observed by all curricula for music | ||||||
19 | therapy that are approved by the Department and determine | ||||||
20 | the reputability and good standing of the curricula for | ||||||
21 | music therapy by reference to compliance with the rules, | ||||||
22 | provided that no school of music therapy that refuses |
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1 | admittance to applicants solely on account of race, color, | ||||||
2 | creed, sex, or national origin shall be considered | ||||||
3 | reputable and in good standing; | ||||||
4 | (3) adopt and publish rules for a method of | ||||||
5 | examination of candidates for licensed professional music | ||||||
6 | therapists and for issuance of licenses authorizing | ||||||
7 | candidates upon passing examination to practice as | ||||||
8 | licensed professional music therapists; | ||||||
9 | (4) review applications to ascertain the | ||||||
10 | qualifications of applicants for licenses; | ||||||
11 | (5) authorize examinations to ascertain the | ||||||
12 | qualifications of those applicants who require | ||||||
13 | examinations as a component of a license . All | ||||||
14 | examinations, either conducted or authorized, must allow | ||||||
15 | reasonable accommodations for applicants for whom English | ||||||
16 | is not their primary language and a test in their primary | ||||||
17 | language is not available. Further, all examinations | ||||||
18 | either conducted or authorized must comply with all | ||||||
19 | communication access and reasonable modification | ||||||
20 | requirements in Section 504 of the federal Rehabilitation | ||||||
21 | Act of 1973 and Title II of the Americans with | ||||||
22 | Disabilities Act of 1990 ; | ||||||
23 | (6) conduct hearings on proceedings to refuse to issue | ||||||
24 | or renew a license or to revoke, suspend, place on | ||||||
25 | probation, or reprimand licenses issued under this Act or | ||||||
26 | otherwise discipline; and |
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1 | (7) adopt rules necessary for the administration of | ||||||
2 | this Act. | ||||||
3 | (Source: P.A. 102-993, eff. 5-27-22.)"; and | ||||||
4 | on page 32, line 10, by replacing "Sections 37, 50, and 80 and | ||||||
5 | by adding Section 43" with "Sections 25, 37, 50, and 80"; and | ||||||
6 | on page 32, immediately below line 11, by inserting the | ||||||
7 | following: | ||||||
8 | "(225 ILCS 107/25) | ||||||
9 | (Section scheduled to be repealed on January 1, 2028) | ||||||
10 | Sec. 25. Powers and duties of the Department. Subject to | ||||||
11 | the provisions of this Act, the Department may: | ||||||
12 | (a) Authorize examinations to ascertain the | ||||||
13 | qualifications and fitness of applicants for licensing as | ||||||
14 | professional counselors or clinical professional | ||||||
15 | counselors and pass upon the qualifications of applicants | ||||||
16 | for licensure by endorsement. All examinations, either | ||||||
17 | conducted or authorized, must allow reasonable | ||||||
18 | accommodations for applicants for whom English is not | ||||||
19 | their primary language and a test in their primary | ||||||
20 | language test is not available. Further, all examinations | ||||||
21 | either conducted or authorized must comply with all | ||||||
22 | communication access and reasonable modification | ||||||
23 | requirements in Section 504 of the federal Rehabilitation |
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1 | Act of 1973 and Title II of the Americans with | ||||||
2 | Disabilities Act of 1990. | ||||||
3 | (b) Conduct hearings on proceedings to refuse to issue | ||||||
4 | or renew or to revoke licenses or suspend, place on | ||||||
5 | probation, censure, or reprimand or take any other | ||||||
6 | disciplinary or non-disciplinary action with regard to a | ||||||
7 | person licensed under this Act. | ||||||
8 | (c) Formulate rules and regulations required for the | ||||||
9 | administration of this Act. | ||||||
10 | (d) (Blank). | ||||||
11 | (e) Establish rules for determining approved graduate | ||||||
12 | professional counseling, clinical professional | ||||||
13 | counseling, psychology, rehabilitation counseling and | ||||||
14 | similar programs. | ||||||
15 | (Source: P.A. 102-878, eff. 1-1-23 .)"; and | ||||||
16 | by deleting line 2 on page 33 through line 22 on page 34. |