Bill Amendment: IL HB5457 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-ESL EXAMS

Status: 2024-07-19 - Public Act . . . . . . . . . 103-0715 [HB5457 Detail]

Download: Illinois-2023-HB5457-House_Amendment_001.html

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,
3lines 19 and 20, by replacing "Sections 7, 7.5, and 19 and by
4adding Section 8.3" with "Sections 5, 7, 7.5, and 19"; and
5on page 3, immediately below line 20, by inserting the
6following:
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8 (Section scheduled to be repealed on January 1, 2028)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
10the provisions of this Act, the Department shall exercise the
11following 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.)";
4and
5by deleting line 9 on page 5 through line 4 on page 7; and
6on page 17, by replacing lines 15 and 16 with "is amended by
7changing Sections 30, 32, 45, and 85 as follows:"; and
8by replacing line 6 on page 19 through line 1 on page 21 with
9the 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
13the 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
4on page 32, line 10, by replacing "Sections 37, 50, and 80 and
5by adding Section 43" with "Sections 25, 37, 50, and 80"; and
6on page 32, immediately below line 11, by inserting the
7following:
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
11the 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
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