20 ILCS 5/5-717

(20 ILCS 5/5-717)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 5-717. Military portability licensure for service members and service members' spouses.

(a) In this Section:

"Division" the Division of Professional Regulation of the Department of Financial and Professional Regulation or the Division of Real Estate of the Department of Financial and Professional Regulation.

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

"Spouse" means a party to a marriage, civil union, or registered domestic partnership.

(b) The Department of Financial and Professional Regulation is authorized to issue a professional portability license to (1) a service member who is an out-of-state licensee and is under official United States military orders to relocate to the State of Illinois or (2) an out-of-state licensee whose spouse is a service member under official United States military orders to relocate to the State of Illinois. The service member or the service member's spouse need not reside in this State at the time of application. Notwithstanding any other law to the contrary, the portability license shall be issued by the Division only if the applicant fulfills all the requirements of this Section and Section 2105-135 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(c) The portability license shall be issued after a complete application is submitted to the Division that includes proof of the following:

(1) The applicant is a service member or the spouse of a service member.

(2) The applicant or applicant's spouse is assigned to a duty station in this State, has established legal residence or will reside in this State pursuant to military relocation orders after the date of application, and can provide an official copy of those orders.

(3) The applicant's license is in good standing and is not subject to a disciplinary order encumbering the license in any other state, commonwealth, district, or territory of the United States or any foreign jurisdiction where the applicant holds a license and practices in the same profession with the same or similar scope of practice for which the applicant is applying, and the applicant can submit official verification of good standing and disciplinary history from each of those licensing authorities. For health care professional applicants, the Division's review of good standing is governed by this subsection, subsection (h), and all other applicable State laws and rules.

(4) The applicant was actively licensed in the same profession with the same or similar scope of practice for which the applicant is applying for at least 2 years immediately preceding the relocation.

(5) A complete set of the applicant's fingerprints has been submitted to the Illinois State Police for statewide and national criminal history checks, if applicable to the requirements of the professional regulatory Act. The applicant shall pay the fee to the Illinois State Police or to the vendor for electronic fingerprint processing. No license shall be issued to an applicant if any review of criminal history or disclosure would cause the denial of an application for licensure under the applicable licensing Act.

(6) The applicant has submitted the application for portability licensure and paid the required, nonrefundable initial application fee for that profession under its respective Act and rules.

(d) Service members or the spouses of service members granted portability licenses under this Section shall submit to the jurisdiction of the Division for purposes of the laws and rules administered, related standards of practice, and disciplinary authority. A license granted under this Section is subject to all statutes, rules, and regulations governing the license. This includes compliance with renewal and continuing education requirements of the licensing act and rules adopted during the period of licensure.

(e) Notwithstanding any other law, if the Division finds that the applicant failed to meet the requirements of subsection (c) or provided inaccurate or misleading information on the application, the Division may suspend the license pending further investigation or notice to discipline the portability license.

(f)(1) The duration of the portability license is from issuance through the next renewal period for that regulated profession. At the time of the license's renewal, the service member or the service member's spouse may apply for another portability license if the military orders continue or are extended past the renewal date or if new orders are given for duty in this State. While the portability license is held, the service member or the service member's spouse may apply for full licensure by examination, endorsement, or reciprocity pursuant to the service member's or the service member's spouse's respective professional licensing Act or rules.

(2) Once a portability license has expired or is not renewed, the service member or the service member's spouse cannot continue practicing in this State until the service member or the service member's spouse obtains licensure by examination, endorsement, or reciprocity, which includes completion and passage of all pre-license education and examination requirements under the applicable professional licensing Act and rules.

(g) An individual is ineligible to apply under this Section if:

(1) the individual is disqualified under Section 2105-165;

(2) the license the individual is seeking is subject to an interstate compact; or

(3) the individual seeks a real estate appraiser license.

(h) All service members and the spouses of service members who apply under this Section and Section 5-715 who are licensed in another jurisdiction as health care professionals, and who are seeking a health care professional license regulated by the Division and subject to the applicable licensing Acts shall not be denied an initial or renewal license:

(1) if the applicant has a prior, current, or pending disciplinary action in another jurisdiction solely based on providing, authorizing, recommending, aiding, assisting, referring for, or otherwise participating in health care services that are not unlawful in this State and consistent with the standards of conduct in Illinois;

(2) if the applicant has a prior, current, or pending disciplinary action in another jurisdiction solely based on violating another jurisdiction or state's laws prohibiting the provision of, authorization of, recommendation of, aiding or assisting in, referring for, or participation in any health care service if that service as provided is not unlawful under the laws of this State and is consistent with the standards of conduct in Illinois; or

(3) based solely upon the applicant providing, authorizing, recommending, aiding, assisting, referring for, or otherwise participating in health care services that are not unlawful in this State and consistent with the standards of conduct in Illinois.

Nothing in this subsection shall be construed as prohibiting the Division from evaluating the applicant's conduct and disciplinary history and making a determination regarding the licensure or authorization to practice.

(i) The Department of Financial and Professional Regulation may adopt rules necessary for the implementation and administration of this Section.

(Source: P.A. 103-708, eff. 1-1-25.)