Illinois General Assembly - Full Text of SB3617
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Full Text of SB3617  102nd General Assembly

SB3617enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3617 EnrolledLRB102 22973 KTG 32127 b

1    AN ACT concerning mental health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Ensuring a More Qualified, Competent, and Diverse Community
7Behavioral Health Workforce Act. References in this Article to
8"this Act" mean this Article.
 
9    Section 1-5. Findings. The General Assembly Finds that:
10        (1) The behavioral health workforce shortage, already
11    at dire levels before 2020, has been exacerbated by the
12    COVID-19 pandemic and is at a crisis point.
13        (2) Behavioral health workforce shortages,
14    particularly licensed clinical staff, staff turnover in
15    all positions, and workforce development are major
16    concerns in the behavioral health field.
17        (3) By 2026, unfilled mental healthcare jobs in
18    Illinois are expected to reach 8,353, according to
19    Mercer's 2021 External Healthcare Labor Market Analysis.
20        (4) Community based mental health agencies often serve
21    as training or supervision sites for interns and new
22    entrants to the workforce seeking supervision hours to

 

 

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1    meet licensure requirements. These professionals are
2    mandated to complete up to 3000 hours of supervised
3    clinical experience. This places financial and
4    time-resource hardships on these already lean
5    organizations to provide the supervision.
6        (5) Many new mental health clinicians have to pay an
7    estimated $10,000-$30,000 in fees for supervision
8    according to Motivo. The amount is unaffordable for many
9    students, particularly lower-income students, who graduate
10    with tens of thousands of dollars in debt.
11        (6) Community mental health agencies frequently serve
12    the most complex and chronically ill behavioral health
13    clients, which can be a challenging population for new
14    entrants to the workforce. Many times, professionals leave
15    for better-paid opportunities with lower acuity patients
16    after completing their facility-sponsored supervision
17    requirements.
18        (7) The lack of compensation for serving as a training
19    or supervision site and staff turnover adversely impact
20    the ability of agencies to better prepare the workforce
21    and meet the needs of their behavioral health clients.
22        (8) Recognizing and providing financial support for
23    this function will help community-based agencies provide
24    more training or supervision opportunities and may also
25    assist with recruiting and retaining professionals at
26    these sites.

 

 

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1        (9) Providing financial support for this role would
2    help to address reductions in standard clinical
3    productivity as a result of time spent supervising new
4    workers, enabling better absorption of the costs of high
5    turnover, or allowing for these settings to staff
6    appropriately to support training or supervision.
7        (10) For individuals seeking their licensure,
8    roadblocks to supervision include cost-prohibitive fees,
9    difficulty finding supervisors, and an even greater
10    supervisor shortage in rural areas.
11        (11) Beyond fulfilling the required hours to get
12    licensed, clinical supervision has a profound impact on
13    the trajectory of an individual's career and the lives of
14    their clients. Ultimately, effective clinical supervision
15    helps ensure that clients are competently served.
16        (12) At a time when behavioral health providers report
17    crisis level wait lists that force individuals seeking
18    care to wait for months before they receive care, now more
19    than ever, we need immediate solutions to help strengthen
20    our State's behavioral health workforce.
 
21    Section 1-10. Grant awards. To develop and enhance
22professional development opportunities and diversity in the
23behavioral health field, and increase access to quality care,
24the Department of Human Services, Division of Mental Health,
25shall award grants or contracts to community mental health

 

 

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1centers or behavioral health clinics licensed or certified by
2the Department of Human Services or the Department of
3Healthcare and Family Services to establish or enhance
4training and supervision of interns and behavioral health
5providers-in-training pursuing licensure as a licensed
6clinical social worker, licensed clinical professional
7counselor, and licensed marriage and family therapist.
 
8    Section 1-15. Use of funds. An eligible entity receiving a
9grant or contract under this Act shall use funds received
10through the grant or contract to establish new, or enhance
11existing, training, and supervision of interns and behavioral
12health providers-in-training pursuing licensure as a licensed
13clinical social worker, licensed clinical professional
14counselor, and licensed marriage and family therapist.
 
15    Section 1-20. Priority. In awarding grants and contracts
16under this Act, the Department of Human Services, Division of
17Mental Health, shall give priority to eligible entities in
18underserved urban areas and rural areas of the State.
 
19    Section 1-25. Grant terms. A grant or contract awarded
20under this Act shall be for a period of 3 years. Nothing in the
21Act precludes grantees to reapply for additional rounds of
22funding.
 

 

 

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1    Section 1-30. Application submission. An entity seeking a
2grant or contract under this Act shall submit an application
3at such time, in such manner, and accompanied by such
4information as the Department of Human Services, Division of
5Mental Health, may require. Requirements by the Department of
6Human Services, Division of Mental Health shall be done in a
7way that ensures minimum additional administrative work.
 
8    Section 1-35. Reporting. Reporting requirements for the
9grant agreement shall be set forth by the Department of Human
10Services, Division of Mental Health.
 
11    Section 1-40. Funding. Funding for the grants or contracts
12is subject to appropriation.
 
13
Article 3.

 
14    Section 3-1. Short title. This Article may be cited as the
15Recovery and Mental Health Tax Credit Act. References in this
16Article to "this Act" mean this Article.
 
17    Section 3-5. Findings.
18    (a) In the interest of reducing stigma and increasing the
19available pool of potential employees, the General Assembly
20finds and declares that those residents of Illinois diagnosed
21with mental illness and substance use disorders should be

 

 

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1eligible for and encouraged to seek gainful employment.
2    (b) The General Assembly finds and declares that minority
3communities in this State have been more negatively impacted
4in employment opportunities for minority residents diagnosed
5with mental illness and substance use disorders and should
6receive additional employment opportunities and incentives for
7employing minority residents diagnosed with mental illness or
8substance use disorders.
9    (c) Due to the COVID-19 public health emergency, employers
10in the State of Illinois have suffered negative economic
11impacts, a loss in workforce, staffing difficulties, and have
12found it difficult to recruit new workers.
13    (d) In the interest of providing additional employment
14opportunities for those residents of Illinois diagnosed with
15mental illness or substance use disorders and expanding the
16pool of potential workers in this State, the General Assembly
17finds and declares that certain qualified employers who employ
18eligible individuals should be eligible for a tax credit.
 
19    Section 3-10. Definitions. As used in this Act:
20    "Department" means the Department of Human Services.
21    "Eligible individual" means an individual with a substance
22use disorder, as that term is defined under Section 1-10 of the
23Substance Use Disorder Act, or an individual with a mental
24illness as that term is defined under Section 1-129 of the
25Mental Health and Developmental Disabilities Code, who is in a

 

 

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1state of wellness and recovery where there is an abatement of
2signs and symptoms that characterize active substance use
3disorder or mental illness and has demonstrated to the
4qualified employer's satisfaction, pursuant to rules adopted
5by the Department, that he or she has completed a course of
6treatment or is currently in receipt of treatment for such
7substance use disorder or mental illness. A relapse in an
8individual's state of wellness shall not make the individual
9ineligible, so long as the individual shows a continued
10commitment to recovery that aligns with an individual's
11relapse prevention plan, discharge plan, or recovery plan.
12    "Qualified employer" means an employer operating within
13the State that has received a certificate of tax credit from
14the Department after the Department has determined that the
15employer:
16        (1) provides a recovery supportive environment for
17    their employees evidenced by a formal working relationship
18    with a substance use disorder treatment provider or
19    facility or mental health provider or facility, each as
20    may be licensed or certified within the State of Illinois,
21    and providing reasonable accommodation to the employees to
22    address their substance use disorder or mental illness,
23    all at no cost or expense to the eligible individual; and
24        (2) satisfies all other criteria in this Section and
25    established by the Department to participate in the
26    recovery tax program created hereunder.

 

 

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1     "Taxpayer" means any individual, corporation,
2partnership, trust, or other entity subject to the Illinois
3income tax. For the purposes of this Act, 2 individuals filing
4a joint return shall be considered one taxpayer.
 
5    Section 3-15. Authorization of tax credit program for
6individuals in recovery from substance use disorders or mental
7illness.
8    (a) For taxable years beginning on or after January 1,
92023, the Department is authorized to and shall establish and
10administer a recovery tax credit program to provide tax
11incentives to qualified employers who employ eligible
12individuals in recovery from a substance use disorder or
13mental illness in part-time and full-time positions within
14Illinois. The Department shall award the tax credit by
15issuance of a certificate of tax credit to the qualified
16employer, who will present the certificate of tax credit to
17the Department of Revenue by attaching the certificate to its
18tax return, as a credit against the qualified employer's
19income tax liability in accordance with the Illinois Income
20Tax Act. The Department shall maintain an electronic listing
21of the certificates issued by which the Department of Revenue
22may verify tax credit certificates issued.
23    (b) To be a qualified employer, an employer must apply
24annually to the Department to claim a credit based upon
25eligible individuals employed during the preceding calendar

 

 

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1year, using the forms prescribed by the Department. To be
2approved for a credit under this Act, the employer must:
3        (1) agree to provide to the Department the information
4    necessary to demonstrate that the employer has satisfied
5    program eligibility requirements and provided all
6    information requested or needed by the Department,
7    including the number of hours worked by the eligible
8    individual and other information necessary for the
9    Department to calculate the amount of credit permitted;
10    and
11        (2) agree to provide names, employer identification
12    numbers, amounts that the employer may claim, and other
13    information necessary for the Department to calculate any
14    tax credit.
15    (c) To be an eligible individual, the individual must be
16diagnosed with or have been diagnosed with a substance use
17disorder or mental illness. Disclosure by the eligible
18individual of his or her mental illness or substance use
19disorder shall be completely voluntary and his or her health
20information may not be shared or disclosed under this Act
21without the eligible individual's express written consent. The
22eligible individual must have been employed by the qualified
23employer in this State for a minimum of 500 hours during the
24applicable calendar year and the tax credit may only begin on
25the date the eligible individual is hired by the qualified
26employer and ending on December 31 of that calendar year or the

 

 

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1date that the eligible individual's employment with the
2qualified employer ends, whichever occurs first. Only one tax
3credit may be awarded for any eligible individual while
4employed by the same or related qualified employer. The hours
5of employment of 2 or more eligible individuals may not be
6aggregated to reach the minimum number of hours. If an
7eligible individual has worked in excess of 500 hours between
8the date of hiring and December 31 of that year, a qualified
9employer can elect to compute and claim a credit for such
10eligible individual in that year based on the hours worked by
11December 31. Alternatively, the qualified employer may elect
12to include such individual in the computation of the credit in
13the year immediately succeeding the year in which the eligible
14individual was hired. In that case, the credit shall be
15computed on the basis of all hours worked by the eligible
16individual from the date of hire to the earlier of the last day
17of employment or December 31 of the succeeding year.
18    (d) If Department criteria and all other requirements are
19met, a qualified employer shall be entitled to a tax credit
20equal to the product of $1 and the number of hours worked by
21each eligible individual during the eligible individual's
22period of employment with the qualified employer. The tax
23credit awarded under this Act may not exceed $2,000 per
24eligible individual employed by the qualified employer in this
25State. In determining the amount of tax credit that any
26qualified employer may claim, the Department shall review all

 

 

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1claims submitted for credit by all employers and, to the
2extent that the total amount claimed by employers exceeds the
3amount allocated for this program in that calendar year, shall
4issue tax credits on a pro rata basis corresponding to each
5qualified employer's share of the total amount claimed.
6    (e) The aggregate amount of all credits the Department may
7award under this Act in any calendar year may not exceed
8$2,000,000.
9    (f) A taxpayer who is a qualified employer who has
10received a certificate of tax credit from the Department shall
11be allowed a credit against the tax imposed equal to the amount
12shown on such certificate of tax credit.
13    (g) The credit must be claimed in the taxable year in which
14the tax credit certificate is issued. The credit cannot reduce
15a taxpayer's liability to less than zero. If the amount of the
16credit exceeds the tax liability for the year, the credit may
17not be carried forward.
18    (h) If the taxpayer is a partnership or Subchapter S
19corporation the credit shall be allowed to the partners or
20shareholders in accordance with the determination of income
21and distributive share of income under Sections 702 and 704
22and subchapter S of the Internal Revenue Code.
23    (i) In carrying out this Act, no patient-specific
24information shall be shared or disclosed. Any individual or
25patient-specific information collected by the Department or
26the Department of Revenue shall not be subject to public

 

 

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1disclosure or Freedom of Information Act requests.
2    (j) The credit under this Act is exempt from the
3provisions of Section 250 of the Illinois Income Tax Act.
 
4    Section 3-20. Advisory Council on Mental Illness and
5Substance Use Disorder Impacts on Employment Opportunities
6within Minority Communities. The Secretary of the Department
7shall appoint the Advisory Council on Mental Illness and
8Substance Use Disorder Impacts on Employment Opportunities
9within Minority Communities, to be composed of 15 members,
10which shall include a balanced representation of recipients,
11services providers, employers, local governmental units,
12community and welfare advocacy groups, academia, and the
13general public. The Advisory Council shall advise the
14Department regarding all aspects of employment impacts
15resulting from mental illnesses and substance use disorders
16within minority communities, tax credits, outreach, marketing,
17and education about the tax credit and employment
18opportunities, and other areas as deemed appropriate by the
19Secretary. In appointing the first Council, the Secretary
20shall name 8 members to terms of 2 years and 7 members to serve
21terms of 4 years, all of whom shall be appointed within 6
22months of the effective date of this Act. All members
23appointed thereafter shall serve terms of 4 years. Members
24shall serve without compensation other than reimbursement of
25expenses actually incurred in the performance of their

 

 

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1official duties. At its first meeting, the Advisory Council
2shall select a chair from among its members. The Advisory
3Council shall meet at least quarterly and at other times at the
4call of the chair.
 
5    Section 3-25. Powers. The Department shall adopt rules for
6the administration of this Act. The Department may enter into
7an intergovernmental agreement with the Department of Revenue
8for the administration of this Act.
 
9    Section 3-30. The Illinois Income Tax Act is amended by
10adding Section 232 as follows:
 
11    (35 ILCS 5/232 new)
12    Sec. 232. Recovery and Mental Health Tax Credit Act. For
13taxable years beginning on or after January 1, 2023, a
14taxpayer who has been awarded a credit under the Recovery and
15Mental Health Tax Credit Act is entitled to a credit against
16the tax imposed by subsections (a) and (b) of Section 201 as
17provided in that Act. This Section is exempt from the
18provisions of Section 250.
 
19
Article 5.

 
20    Section 5-5. The Specialized Mental Health Rehabilitation
21Act of 2013 is amended by changing Sections 1-102 and 2-102.5

 

 

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1as follows:
 
2    (210 ILCS 49/1-102)
3    Sec. 1-102. Definitions. For the purposes of this Act,
4unless the context otherwise requires:
5    "Abuse" means any physical or mental injury or sexual
6assault inflicted on a consumer other than by accidental means
7in a facility.
8    "Accreditation" means any of the following:
9        (1) the Joint Commission;
10        (2) the Commission on Accreditation of Rehabilitation
11    Facilities;
12        (3) the Healthcare Facilities Accreditation Program;
13    or
14        (4) any other national standards of care as approved
15    by the Department.
16    "APRN" means an Advanced Practice Registered Nurse,
17nationally certified as a mental health or psychiatric nurse
18practitioner and licensed under the Nurse Practice Act.
19    "Applicant" means any person making application for a
20license or a provisional license under this Act.
21    "Consumer" means a person, 18 years of age or older,
22admitted to a mental health rehabilitation facility for
23evaluation, observation, diagnosis, treatment, stabilization,
24recovery, and rehabilitation.
25    "Consumer" does not mean any of the following:

 

 

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1        (i) an individual requiring a locked setting;
2        (ii) an individual requiring psychiatric
3    hospitalization because of an acute psychiatric crisis;
4        (iii) an individual under 18 years of age;
5        (iv) an individual who is actively suicidal or violent
6    toward others;
7        (v) an individual who has been found unfit to stand
8    trial;
9        (vi) an individual who has been found not guilty by
10    reason of insanity based on committing a violent act, such
11    as sexual assault, assault with a deadly weapon, arson, or
12    murder;
13        (vii) an individual subject to temporary detention and
14    examination under Section 3-607 of the Mental Health and
15    Developmental Disabilities Code;
16        (viii) an individual deemed clinically appropriate for
17    inpatient admission in a State psychiatric hospital; and
18        (ix) an individual transferred by the Department of
19    Corrections pursuant to Section 3-8-5 of the Unified Code
20    of Corrections.
21    "Consumer record" means a record that organizes all
22information on the care, treatment, and rehabilitation
23services rendered to a consumer in a specialized mental health
24rehabilitation facility.
25    "Controlled drugs" means those drugs covered under the
26federal Comprehensive Drug Abuse Prevention Control Act of

 

 

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11970, as amended, or the Illinois Controlled Substances Act.
2    "Department" means the Department of Public Health.
3    "Discharge" means the full release of any consumer from a
4facility.
5    "Drug administration" means the act in which a single dose
6of a prescribed drug or biological is given to a consumer. The
7complete act of administration entails removing an individual
8dose from a container, verifying the dose with the
9prescriber's orders, giving the individual dose to the
10consumer, and promptly recording the time and dose given.
11    "Drug dispensing" means the act entailing the following of
12a prescription order for a drug or biological and proper
13selection, measuring, packaging, labeling, and issuance of the
14drug or biological to a consumer.
15    "Emergency" means a situation, physical condition, or one
16or more practices, methods, or operations which present
17imminent danger of death or serious physical or mental harm to
18consumers of a facility.
19    "Facility" means a specialized mental health
20rehabilitation facility that provides at least one of the
21following services: (1) triage center; (2) crisis
22stabilization; (3) recovery and rehabilitation supports; or
23(4) transitional living units for 3 or more persons. The
24facility shall provide a 24-hour program that provides
25intensive support and recovery services designed to assist
26persons, 18 years or older, with mental disorders to develop

 

 

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1the skills to become self-sufficient and capable of increasing
2levels of independent functioning. It includes facilities that
3meet the following criteria:
4        (1) 100% of the consumer population of the facility
5    has a diagnosis of serious mental illness;
6        (2) no more than 15% of the consumer population of the
7    facility is 65 years of age or older;
8        (3) none of the consumers are non-ambulatory;
9        (4) none of the consumers have a primary diagnosis of
10    moderate, severe, or profound intellectual disability; and
11        (5) the facility must have been licensed under the
12    Specialized Mental Health Rehabilitation Act or the
13    Nursing Home Care Act immediately preceding July 22, 2013
14    (the effective date of this Act) and qualifies as an
15    institute for mental disease under the federal definition
16    of the term.
17    "Facility" does not include the following:
18        (1) a home, institution, or place operated by the
19    federal government or agency thereof, or by the State of
20    Illinois;
21        (2) a hospital, sanitarium, or other institution whose
22    principal activity or business is the diagnosis, care, and
23    treatment of human illness through the maintenance and
24    operation as organized facilities therefor which is
25    required to be licensed under the Hospital Licensing Act;
26        (3) a facility for child care as defined in the Child

 

 

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1    Care Act of 1969;
2        (4) a community living facility as defined in the
3    Community Living Facilities Licensing Act;
4        (5) a nursing home or sanatorium operated solely by
5    and for persons who rely exclusively upon treatment by
6    spiritual means through prayer, in accordance with the
7    creed or tenets of any well-recognized church or religious
8    denomination; however, such nursing home or sanatorium
9    shall comply with all local laws and rules relating to
10    sanitation and safety;
11        (6) a facility licensed by the Department of Human
12    Services as a community-integrated living arrangement as
13    defined in the Community-Integrated Living Arrangements
14    Licensure and Certification Act;
15        (7) a supportive residence licensed under the
16    Supportive Residences Licensing Act;
17        (8) a supportive living facility in good standing with
18    the program established under Section 5-5.01a of the
19    Illinois Public Aid Code, except only for purposes of the
20    employment of persons in accordance with Section 3-206.01
21    of the Nursing Home Care Act;
22        (9) an assisted living or shared housing establishment
23    licensed under the Assisted Living and Shared Housing Act,
24    except only for purposes of the employment of persons in
25    accordance with Section 3-206.01 of the Nursing Home Care
26    Act;

 

 

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1        (10) an Alzheimer's disease management center
2    alternative health care model licensed under the
3    Alternative Health Care Delivery Act;
4        (11) a home, institution, or other place operated by
5    or under the authority of the Illinois Department of
6    Veterans' Affairs;
7        (12) a facility licensed under the ID/DD Community
8    Care Act;
9        (13) a facility licensed under the Nursing Home Care
10    Act after July 22, 2013 (the effective date of this Act);
11    or
12        (14) a facility licensed under the MC/DD Act.
13    "Executive director" means a person who is charged with
14the general administration and supervision of a facility
15licensed under this Act and who is a licensed nursing home
16administrator, licensed practitioner of the healing arts, or
17qualified mental health professional.
18    "Guardian" means a person appointed as a guardian of the
19person or guardian of the estate, or both, of a consumer under
20the Probate Act of 1975.
21    "Identified offender" means a person who meets any of the
22following criteria:
23        (1) Has been convicted of, found guilty of,
24    adjudicated delinquent for, found not guilty by reason of
25    insanity for, or found unfit to stand trial for, any
26    felony offense listed in Section 25 of the Health Care

 

 

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1    Worker Background Check Act, except for the following:
2            (i) a felony offense described in Section 10-5 of
3        the Nurse Practice Act;
4            (ii) a felony offense described in Section 4, 5,
5        6, 8, or 17.02 of the Illinois Credit Card and Debit
6        Card Act;
7            (iii) a felony offense described in Section 5,
8        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
9            (iv) a felony offense described in Section 401,
10        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
11        Controlled Substances Act; and
12            (v) a felony offense described in the
13        Methamphetamine Control and Community Protection Act.
14        (2) Has been convicted of, adjudicated delinquent for,
15    found not guilty by reason of insanity for, or found unfit
16    to stand trial for, any sex offense as defined in
17    subsection (c) of Section 10 of the Sex Offender
18    Management Board Act.
19    "Transitional living units" are residential units within a
20facility that have the purpose of assisting the consumer in
21developing and reinforcing the necessary skills to live
22independently outside of the facility. The duration of stay in
23such a setting shall not exceed 120 days for each consumer.
24Nothing in this definition shall be construed to be a
25prerequisite for transitioning out of a facility.
26    "Licensee" means the person, persons, firm, partnership,

 

 

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1association, organization, company, corporation, or business
2trust to which a license has been issued.
3    "Misappropriation of a consumer's property" means the
4deliberate misplacement, exploitation, or wrongful temporary
5or permanent use of a consumer's belongings or money without
6the consent of a consumer or his or her guardian.
7    "Neglect" means a facility's failure to provide, or
8willful withholding of, adequate medical care, mental health
9treatment, psychiatric rehabilitation, personal care, or
10assistance that is necessary to avoid physical harm and mental
11anguish of a consumer.
12    "Personal care" means assistance with meals, dressing,
13movement, bathing, or other personal needs, maintenance, or
14general supervision and oversight of the physical and mental
15well-being of an individual who is incapable of maintaining a
16private, independent residence or who is incapable of managing
17his or her person, whether or not a guardian has been appointed
18for such individual. "Personal care" shall not be construed to
19confine or otherwise constrain a facility's pursuit to develop
20the skills and abilities of a consumer to become
21self-sufficient and capable of increasing levels of
22independent functioning.
23    "Recovery and rehabilitation supports" means a program
24that facilitates a consumer's longer-term symptom management
25and stabilization while preparing the consumer for
26transitional living units by improving living skills and

 

 

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1community socialization. The duration of stay in such a
2setting shall be established by the Department by rule.
3    "Restraint" means:
4        (i) a physical restraint that is any manual method or
5    physical or mechanical device, material, or equipment
6    attached or adjacent to a consumer's body that the
7    consumer cannot remove easily and restricts freedom of
8    movement or normal access to one's body; devices used for
9    positioning, including, but not limited to, bed rails,
10    gait belts, and cushions, shall not be considered to be
11    restraints for purposes of this Section; or
12        (ii) a chemical restraint that is any drug used for
13    discipline or convenience and not required to treat
14    medical symptoms; the Department shall, by rule, designate
15    certain devices as restraints, including at least all
16    those devices that have been determined to be restraints
17    by the United States Department of Health and Human
18    Services in interpretive guidelines issued for the
19    purposes of administering Titles XVIII and XIX of the
20    federal Social Security Act. For the purposes of this Act,
21    restraint shall be administered only after utilizing a
22    coercive free environment and culture.
23    "Self-administration of medication" means consumers shall
24be responsible for the control, management, and use of their
25own medication.
26    "Crisis stabilization" means a secure and separate unit

 

 

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1that provides short-term behavioral, emotional, or psychiatric
2crisis stabilization as an alternative to hospitalization or
3re-hospitalization for consumers from residential or community
4placement. The duration of stay in such a setting shall not
5exceed 21 days for each consumer.
6    "Therapeutic separation" means the removal of a consumer
7from the milieu to a room or area which is designed to aid in
8the emotional or psychiatric stabilization of that consumer.
9    "Triage center" means a non-residential 23-hour center
10that serves as an alternative to emergency room care,
11hospitalization, or re-hospitalization for consumers in need
12of short-term crisis stabilization. Consumers may access a
13triage center from a number of referral sources, including
14family, emergency rooms, hospitals, community behavioral
15health providers, federally qualified health providers, or
16schools, including colleges or universities. A triage center
17may be located in a building separate from the licensed
18location of a facility, but shall not be more than 1,000 feet
19from the licensed location of the facility and must meet all of
20the facility standards applicable to the licensed location. If
21the triage center does operate in a separate building, safety
22personnel shall be provided, on site, 24 hours per day and the
23triage center shall meet all other staffing requirements
24without counting any staff employed in the main facility
25building.
26(Source: P.A. 99-180, eff. 7-29-15; 100-201, eff. 8-18-17;

 

 

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1100-365, eff. 8-25-17.)
 
2    (210 ILCS 49/2-102.5 new)
3    Sec. 2-102.5. Psychiatric visits. For the purposes of this
4Act, any required psychiatric visit to a consumer may be
5conducted by an APRN or by a physician.
 
6    Section 5-10. The Clinical Psychologist Licensing Act is
7amended by changing Section 13 as follows:
 
8    (225 ILCS 15/13)  (from Ch. 111, par. 5363)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 13. License renewal; restoration.
11    (a) The expiration date and renewal period for each
12license issued under this Act shall be set by rule. Every
13holder of a license under this Act may renew such license
14during the 90-day period immediately preceding the expiration
15date thereof upon payment of the required renewal fees and
16demonstrating compliance with any continuing education
17requirements. The Department shall adopt rules establishing
18minimum requirements of continuing education and means for
19verification of the completion of the continuing education
20requirements. The Department may, by rule, specify
21circumstances under which the continuing education
22requirements may be waived.
23    A clinical psychologist who has permitted his or her

 

 

SB3617 Enrolled- 25 -LRB102 22973 KTG 32127 b

1license to expire or who has had his or her license on inactive
2status may have his or her license restored by making
3application to the Department and filing proof acceptable to
4the Department, as defined by rule, of his or her fitness to
5have his or her license restored, including evidence
6certifying to active practice in another jurisdiction
7satisfactory to the Department and by paying the required
8restoration fee.
9    If the clinical psychologist has not maintained an active
10practice in another jurisdiction satisfactory to the
11Department, the Board shall determine, by an evaluation
12program established by rule, his or her fitness to resume
13active status and may require the clinical psychologist to
14complete a period of supervised professional experience and
15may require successful completion of an examination.
16    However, any clinical psychologist whose license expired
17while he or she was (1) in Federal Service on active duty with
18the Armed Forces of the United States, or the State Militia
19called into service or training, or (2) in training or
20education under the supervision of the United States
21preliminary to induction into the military service, may have
22his or her license renewed or restored without paying any
23lapsed renewal fees if within 2 years after honorable
24termination of such service, training or education he or she
25furnishes the Department with satisfactory evidence to the
26effect that he or she has been so engaged and that his or her

 

 

SB3617 Enrolled- 26 -LRB102 22973 KTG 32127 b

1service, training or education has been so terminated.
2    (b) Notwithstanding any other provision of law, the
3following requirements for restoration of an inactive or
4expired license of less than 5 years as set forth in subsection
5(a) are suspended for any licensed clinical psychologist who
6has had no disciplinary action taken against his or her
7license in this State or in any other jurisdiction during the
8entire period of licensure: proof of fitness, certification of
9active practice in another jurisdiction, and the payment of a
10renewal fee. An individual may not restore his or her license
11in accordance with this subsection more than once.
12(Source: P.A. 96-1050, eff. 1-1-11.)
 
13    Section 5-15. The Clinical Social Work and Social Work
14Practice Act is amended by changing Section 11 as follows:
 
15    (225 ILCS 20/11)  (from Ch. 111, par. 6361)
16    (Section scheduled to be repealed on January 1, 2028)
17    Sec. 11. Licenses; renewal; restoration; person in
18military service; inactive status.
19    (a) The expiration date and renewal period for each
20license issued under this Act shall be set by rule. The
21licensee may renew a license during the 60-day period
22preceding its expiration date by paying the required fee and
23by demonstrating compliance with any continuing education
24requirements. The Department shall adopt rules establishing

 

 

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1minimum requirements of continuing education and means for
2verification of the completion of the continuing education
3requirements. The Department may, by rule, specify
4circumstances under which the continuing education
5requirements may be waived.
6    (b) Any person who has permitted a license to expire or who
7has a license on inactive status may have it restored by
8submitting an application to the Department and filing proof
9of fitness, as defined by rule, to have the license restored,
10including, if appropriate, evidence which is satisfactory to
11the Department certifying the active practice of clinical
12social work or social work in another jurisdiction and by
13paying the required fee.
14    (b-5) If the person has not maintained an active practice
15in another jurisdiction which is satisfactory to the
16Department, the Department shall determine the person's
17fitness to resume active status. The Department may also
18require the person to complete a specific period of evaluated
19clinical social work or social work experience and may require
20successful completion of an examination for clinical social
21workers.
22    (b-7) Notwithstanding any other provision of this Act, any
23person whose license expired while on active duty with the
24armed forces of the United States, while called into service
25or training with the State Militia or in training or education
26under the supervision of the United States government prior to

 

 

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1induction into the military service may have his or her
2license restored without paying any renewal fees if, within 2
3years after the honorable termination of that service,
4training or education, except under conditions other than
5honorable, the Department is furnished with satisfactory
6evidence that the person has been so engaged and that the
7service, training or education has been so terminated.
8    (c) A license to practice shall not be denied any
9applicant because of the applicant's race, religion, creed,
10national origin, political beliefs or activities, age, sex,
11sexual orientation, or physical impairment.
12    (d) (Blank).
13    (e) (Blank).
14    (f) (Blank).
15    (g) The Department shall indicate on each license the
16academic degree of the licensee.
17    (h) Notwithstanding any other provision of law, the
18following requirements for restoration of an inactive or
19expired license of 5 years or less as set forth in subsections
20(b) and (b-5) are suspended for any licensed clinical social
21worker who has had no disciplinary action taken against his or
22her license in this State or in any other jurisdiction during
23the entire period of licensure: proof of fitness,
24certification of active practice in another jurisdiction, and
25the payment of a fee or renewal fee. An individual may not
26restore his or her license in accordance with this subsection

 

 

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1more than once.
2(Source: P.A. 102-326, eff. 1-1-22.)
 
3    Section 5-20. The Professional Counselor and Clinical
4Professional Counselor Licensing and Practice Act is amended
5by changing Section 50 as follows:
 
6    (225 ILCS 107/50)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 50. Licenses; renewal; restoration; person in
9military service; inactive status.
10    (a) The expiration date and renewal period for each
11license issued under this Act shall be set by rule. As a
12condition for renewal of a license, the licensee shall be
13required to complete continuing education in accordance with
14rules established by the Department.
15    (b) Any person who has permitted a license to expire or who
16has a license on inactive status may have it restored by
17submitting an application to the Department and filing proof
18of fitness acceptable to the Department, to have the license
19restored, including, if appropriate, evidence which is
20satisfactory to the Department certifying the active practice
21of professional counseling or clinical professional counseling
22in another jurisdiction and by paying the required fee.
23    (c) If the person has not maintained an active practice in
24another jurisdiction which is satisfactory to the Department,

 

 

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1the Department shall determine, by an evaluation program
2established by rule, the person's fitness to resume active
3status and shall establish procedures and requirements for
4restoration.
5    (d) However, any person whose license expired while he or
6she was (i) in federal service on active duty with the armed
7forces of the United States or the State Militia or (ii) in
8training or education under the supervision of the United
9States government prior to induction into the military service
10may have his or her license restored without paying any lapsed
11renewal fees if, within 2 years after the honorable
12termination of such service, training, or education, the
13Department is furnished with satisfactory evidence that the
14person has been so engaged and that such service, training, or
15education has been so terminated.
16    (e) A license to practice shall not be denied any
17applicant because of the applicant's race, religion, creed,
18national origin, political beliefs or activities, age, sex,
19sexual orientation, or physical impairment.
20    (f) Any person requesting restoration from inactive status
21shall (i) be required to pay the current renewal fee, (ii) meet
22continuing education requirements, and (iii) be required to
23restore his or her license as provided in this Act.
24    (g) Notwithstanding any other provision of law, the
25following requirements for restoration of an inactive or
26expired license of 5 years or less as set forth in subsections

 

 

SB3617 Enrolled- 31 -LRB102 22973 KTG 32127 b

1(b), (c), and (f) are suspended for any licensed clinical
2professional counselor who has had no disciplinary action
3taken against his or her license in this State or in any other
4jurisdiction during the entire period of licensure: proof of
5fitness, certification of active practice in another
6jurisdiction, and the payment of a renewal fee. An individual
7may not restore his or her license in accordance with this
8subsection more than once.
9(Source: P.A. 97-706, eff. 6-25-12.)
 
10
Article 15.

 
11    Section 15-5. The Clinical Social Work and Social Work
12Practice Act is amended by changing Section 12.5 as follows:
 
13    (225 ILCS 20/12.5)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 12.5. Endorsement. The Department may issue a license
16as a clinical social worker or as a social worker, without the
17required examination, to an applicant licensed under the laws
18of another jurisdiction if the requirements for licensure in
19that jurisdiction are, on the date of licensure, substantially
20equivalent to the requirements of this Act or to any person
21who, at the time of his or her licensure, possessed individual
22qualifications that were substantially equivalent to the
23requirements then in force in this State. An applicant under

 

 

SB3617 Enrolled- 32 -LRB102 22973 KTG 32127 b

1this Section shall pay the required fees.
2    An individual applying for licensure as a clinical social
3worker who has been licensed at the independent level in
4another United States jurisdiction for 5 10 consecutive years
5without discipline is not required to submit proof of
6completion of the education and supervised clinical
7professional experience required in paragraph (3) of Section 9
8and proof of passage of the examination required in paragraph
9(4) of Section 9. Individuals with 5 10 consecutive years of
10experience must submit certified verification of licensure
11from the jurisdiction in which the applicant practiced and
12must comply with all other licensing requirements and pay all
13required fees.
14    If the accuracy of any submitted documentation or the
15relevance or sufficiency of the course work or experience is
16questioned by the Department or the Board because of a lack of
17information, discrepancies or conflicts in information given,
18or a need for clarification, the applicant seeking licensure
19may be required to provide additional information.
20    An applicant has 3 years from the date of application to
21complete the application process. If the process has not been
22completed within 3 years, the application shall be denied, the
23fee shall be forfeited, and the applicant must reapply and
24meet the requirements in effect at the time of reapplication.
25(Source: P.A. 100-766, eff. 1-1-19.)
 

 

 

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1    Section 15-10. The Marriage and Family Therapy Licensing
2Act is amended by changing Section 65 as follows:
 
3    (225 ILCS 55/65)  (from Ch. 111, par. 8351-65)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 65. Endorsement. The Department may issue a license
6as a licensed marriage and family therapist, without the
7required examination, to an applicant licensed under the laws
8of another state if the requirements for licensure in that
9state are, on the date of licensure, substantially equivalent
10to the requirements of this Act or to a person who, at the time
11of his or her application for licensure, possessed individual
12qualifications that were substantially equivalent to the
13requirements then in force in this State. An applicant under
14this Section shall pay all of the required fees.
15    An individual applying for licensure as a licensed
16marriage and family therapist who has been licensed at the
17independent level in another United States jurisdiction for 5
1810 consecutive years without discipline is not required to
19submit proof of completion of the education, professional
20experience, and supervision required in Section 40.
21Individuals with 5 10 consecutive years of experience must
22submit certified verification of licensure from the
23jurisdiction in which the applicant practiced and must comply
24with all other licensing requirements and pay all required
25fees.

 

 

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1    If the accuracy of any submitted documentation or the
2relevance or sufficiency of the course work or experience is
3questioned by the Department or the Board because of a lack of
4information, discrepancies or conflicts in information given,
5or a need for clarification, the applicant seeking licensure
6may be required to provide additional information.
7    Applicants have 3 years from the date of application to
8complete the application process. If the process has not been
9completed within the 3 years, the application shall be denied,
10the fee shall be forfeited, and the applicant must reapply and
11meet the requirements in effect at the time of reapplication.
12(Source: P.A. 100-372, eff. 8-25-17; 100-766, eff. 1-1-19.)
 
13    Section 15-20. The Professional Counselor and Clinical
14Professional Counselor Licensing and Practice Act is amended
15by changing Section 70 as follows:
 
16    (225 ILCS 107/70)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 70. Endorsement. The Department may issue a license
19as a licensed professional counselor or licensed clinical
20professional counselor, without the required examination, to
21(i) an applicant licensed under the laws of another state or
22United States jurisdiction whose standards in the opinion of
23the Department, were substantially equivalent at the date of
24his or her licensure in the other jurisdiction to the

 

 

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1requirements of this Act or (ii) any person who, at the time of
2licensure, possessed individual qualifications which were
3substantially equivalent to the requirements of this Act. Such
4an applicant shall pay all of the required fees.
5    An individual applying for licensure as a clinical
6professional counselor who has been licensed at the
7independent level in another United States jurisdiction for 5
810 consecutive years without discipline is not required to
9submit proof of completion of the education, supervised
10employment, or experience required in subsection (b) of
11Section 45. Individuals with 5 10 consecutive years of
12experience must submit certified verification of licensure
13from the jurisdiction in which the applicant practiced and
14must comply with all other licensing requirements and pay all
15required fees.
16    If the accuracy of any submitted documentation or the
17relevance or sufficiency of the course work or experience is
18questioned by the Department or the Board because of a lack of
19information, discrepancies or conflicts in information given,
20or a need for clarification, the applicant seeking licensure
21may be required to provide additional information.
22    Applicants have 3 years from the date of application to
23complete the application process. If the process has not been
24completed within 3 years, the application shall be denied, the
25fee forfeited, and the applicant must reapply and meet the
26requirements in effect at the time of reapplication.

 

 

SB3617 Enrolled- 36 -LRB102 22973 KTG 32127 b

1(Source: P.A. 100-766, eff. 1-1-19.)
 
2
Article 99.

 
3    Section 99-99. Effective date. This Act takes effect upon
4becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 100/5-45.21 new
5    35 ILCS 5/232 new
6    20 ILCS 2205/2205-40 new
7    225 ILCS 20/12.5
8    225 ILCS 55/65from Ch. 111, par. 8351-65
9    225 ILCS 107/70