This text of Illinois § 2105-400 (Emergency powers) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Upon proclamation of a disaster by the Governor, as provided for in the Illinois Emergency Management Agency Act, the Secretary of Financial and Professional Regulation shall have the following powers, which shall be exercised only in coordination with the Illinois Emergency Management Agency and the Department of Public Health:
(1)The power to suspend the requirements for permanent or temporary licensure of persons who are licensed in another state and are working pursuant to a declared disaster.
(2)The power to modify the scope of practice restrictions under any licensing act administered by the Department for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.
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(a) Upon proclamation of a disaster by the Governor, as provided for in the Illinois Emergency Management Agency Act, the Secretary of Financial and Professional Regulation shall have the following powers, which shall be exercised only in coordination with the Illinois Emergency Management Agency and the Department of Public Health: (1) The power to suspend the requirements for permanent or temporary licensure of persons who are licensed in another state and are working pursuant to a declared disaster. (2) The power to modify the scope of practice restrictions under any licensing act administered by the Department for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster. (3) The power to expand the exemption in Section 4(a) of the Pharmacy Practice Act to those licensed professionals whose scope of practice has been modified, under paragraph (2) of subsection (a) of this Section, to include any element of the practice of pharmacy as defined in the Pharmacy Practice Act for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster. (b) Persons exempt from licensure under paragraph (1) of subsection (a) of this Section and persons operating under modified scope of practice provisions under paragraph (2) of subsection (a) of this Section shall be exempt from licensure or be subject to modified scope of practice only until the declared disaster has ended as provided by law. For purposes of this Section, persons working under the direction of an emergency services and disaster agency accredited by the Illinois Emergency Management Agency and a local public health department, pursuant to a declared disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health. (c) The Secretary or the Director, as his or her designee, shall exercise these powers by way of proclamation. (d) Any person who was issued a temporary out-of-state permit by the Department pursuant to a proclamation issued by the Secretary or related action by the Director in response to the COVID-19 pandemic may continue to practice under his or her temporary out-of-state permit if he or she submits an application for licensure by endorsement to the Department on or before May 11, 2023. Any such person may continue to practice under his or her temporary out-of-state permit until the Department issues the license or denies the application, at which time the temporary out-of-state permit shall expire. If the Department does not issue the license or does not deny the application by May 11, 2024, the temporary out-of-state permit shall expire. If the person holding a temporary out-of-state permit does not submit an application for licensure by endorsement to the Department on or before May 11, 2023, the temporary out-of-state COVID permit shall expire on that date. The Secretary may extend the May 11, 2023 deadline under this subsection for an additional 60 days. This subsection applies to the following licensed professions: physician; registered nurse; practical nurse; advanced practice registered nurse; full practice advanced practice registered nurse; pharmacist; occupational therapist; occupational therapy assistant; physical therapist; physical therapist assistant; clinical psychologist; physician assistant; clinical social worker; social worker; dietitian nutritionist; professional counselor; clinical professional counselor; and respiratory care practitioner. (e) Any person who was issued a temporary reinstatement permit by the Department pursuant to a proclamation issued by the Secretary or related action by the Director in response to the COVID-19 pandemic may continue to practice under his or her temporary reinstatement permit if he or she submits an application for restoration or reinstatement of his or her license to the Department on or before May 11, 2023. Any such person may continue to practice under his or her temporary reinstatement permit until the Department restores or reinstates the license or denies the application, at which time the temporary reinstatement permit shall expire. If the Department does not restore or reinstate the license or does not deny the application by May 11, 2024, the temporary reinstatement permit shall expire. If the person holding a temporary reinstatement permit does not submit an application for restoration or reinstatement to the Department on or before May 11, 2023, the temporary reinstatement permit shall expire on that date. The Secretary may extend the May 11, 2023 deadline under this subsection for an additional 60 days. This subsection applies to the following licensed professions: physician; registered nurse; practical nurse; advanced practice registered nurse; full practice advanced practice registered nurse; pharmacist; occupational therapist; occupational therapy assistant; physical therapist; physical therapist assistant; clinical psychologist; physician assistant; clinical social worker; social worker; dietitian nutritionist; professional counselor; clinical professional counselor; and respiratory care practitioner.