Public Act 103-0857
 
HB5344 EnrolledLRB103 38353 RTM 68488 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Behavior Analyst Licensing Act is amended 
by changing Section 20 and 150 as follows:
 
    (225 ILCS 6/20)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 20. License required; exemptions.  
    (a) Beginning 10 months after the adoption of the rules 
required under subsection (b) of Section 80 30 months after 
the effective date of this Act, an individual shall not engage 
in the practice of applied behavior analysis unless licensed 
under this Act or covered by an exemption under subsection 
(c).
    (a-5) An individual licensed under this Act as an 
assistant behavior analyst shall not engage in the practice of 
applied behavior analysis unless supervised by a licensed 
clinical psychologist or licensed behavior analyst. 
    (b) Beginning 10 months after the adoption of the rules 
required under subsection (b) of Section 80 30 months after 
the effective date of this Act, an individual shall not use the 
title "licensed behavior analyst", "L.B.A.", "licensed 
assistant behavior analyst", "L.A.B.A.", or similar words or 
letters indicating the individual is licensed as a behavior 
analyst or assistant behavior analyst unless the individual is 
actually licensed under this Act.
    (c) This Act does not prohibit any of the following:
        (1) Self-care by a patient or uncompensated care by a 
    friend or family member who does not represent or hold 
    oneself out to be a behavior analyst or assistant behavior 
    analyst.
        (2) An individual from implementing a behavior 
    analytic treatment plan under the extended authority, 
    direction, and supervision of a licensed behavior analyst 
    or licensed assistant behavior analyst.
        (3) A clinical psychologist, social worker, 
    psychiatric nurse, speech-language pathologist, 
    audiologist, professional counselor, clinical 
    professional counselor, clinical social worker, or 
    marriage and family therapist from performing or 
    advertising activities that are considered to be the 
    practice of applied behavior analysis under this Act if 
    the activities are consistent with the laws of this State, 
    the individual's training, and any code of ethics of the 
    individual's respective professions, so long as the 
    individual does not use the titles provided in subsection 
    (b).
        (4) An individual from performing activities that are 
    considered to be the practice of applied behavior analysis 
    under this Act if the activities are with nonhumans, 
    including applied animal behaviorists and animal trainers. 
    The individual may use the title "behavior analyst" but 
    shall not represent oneself as a licensed behavior analyst 
    or licensed assistant behavior analyst unless the 
    individual holds a license issued by the State.
        (5) An individual who provides general applied 
    behavior analysis services to organizations, so long as 
    the services are for the benefit of the organizations and 
    do not involve direct services to individuals. The 
    individual may use the title "behavior analyst" but may 
    not represent oneself as a licensed behavior analyst or 
    licensed assistant behavior analyst unless the individual 
    holds a license issued by the State.
        (6) An individual who is a matriculated student at a 
    nationally accredited university approved in rules or a 
    postdoctoral fellow from performing activities that are 
    considered to be the practice of applied behavior analysis 
    under this Act if the activities are part of a defined 
    program of study, course, practicum, internship, or 
    postdoctoral fellowship, provided that the applied 
    behavior analysis activities are directly supervised by a 
    licensed behavior analyst under this Act or a licensed 
    clinical psychologist.
        (7) An individual who is not licensed under this Act 
    from pursuing field experience in the practice of behavior 
    analysis if the experience is supervised by a licensed 
    behavior analyst or a licensed psychologist.
        (8) An individual with a learning behavior specialist 
    or school support personnel endorsement from the State 
    Board of Education, the school district in which the 
    school is located, or a special education joint agreement 
    serving the school district in which the school is located 
    from delivering behavior analytic services in a school 
    setting when employed by that school as long as those 
    services are defined in the scope of practice for that 
    endorsement and that person is not in any manner held out 
    to the public as a licensed behavior analyst or licensed 
    assistant behavior analyst.
        (9) A qualified intellectual disabilities 
    professional, meeting the minimum federal education 
    requirements outlined in 42 CFR 483.430, who is performing 
    the duties required for individuals with intellectual or 
    developmental disabilities in programs and facilities 
    regulated by the federal Centers for Medicare and Medicaid 
    Services, the Department of Human Services, or the 
    Department of Public Health, so long as the individual 
    does not use the titles provided in subsection (b).
        (10) A service provider, designated by the Department 
    of Human Services, from providing behavior intervention 
    and treatment, so long as the individual does not use the 
    titles provided in subsection (b).
    (d) This Act does not apply to an individual who, on the 
effective date of this Act, is engaging in the practice of 
applied behavior analysis under the medical assistance program 
under the Illinois Public Aid Code while that individual is 
seeking the education, training, and experience necessary to 
obtain a license under this Act. 
    (e) No licensed behavior analyst or licensed assistant 
behavior analyst shall engage in the practice of 
speech-language pathology or the practice of audiology, as 
defined in the Illinois Speech-Language Pathology and 
Audiology Practice Act, unless licensed to do so under that 
Act.
(Source: P.A. 102-953, eff. 5-27-22.)
 
    (225 ILCS 6/150)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 150. License restrictions and limitations. 
Notwithstanding the exclusion in paragraph (2) of subsection 
(c) of Section 20 that permits an individual to implement a 
behavior analytic treatment plan under the extended authority, 
direction, and supervision of a licensed behavior analyst or 
licensed assistant behavior analyst, beginning 24 months after 
the Department has commenced issuance of licenses under this 
Act, no business organization shall provide, attempt to 
provide, or offer to provide behavior analysis services unless 
every member, partner, shareholder, director, officer, holder 
of any other ownership interest, agent, and employee who 
renders applied behavior analysis services holds a currently 
valid license issued under this Act. No business shall be 
created that (i) has a stated purpose that includes behavior 
analysis, or (ii) practices or holds itself out as available 
to practice behavior analysis therapy, unless it is organized 
under the Professional Service Corporation Act or Professional 
Limited Liability Company Act. Nothing in this Act shall 
preclude individuals licensed under this Act from practicing 
directly or indirectly for a physician licensed to practice 
medicine in all its branches under the Medical Practice Act of 
1987 or for any legal entity as provided under subsection (c) 
of Section 22.2 of the Medical Practice Act of 1987. 
(Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.