Full Text of HB2710 101st General Assembly
HB2710ham001 101ST GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 2/5/2020
| | 10100HB2710ham001 | | LRB101 07779 SPS 64942 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2710
| 2 | | AMENDMENT NO. ______. Amend House Bill 2710 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Behavior Analyst Licensing Act. | 6 | | Section 5. Public policy. The practice of applied behavior | 7 | | analysis is declared to affect the public health, safety, and | 8 | | welfare and to be subject to regulation in the public interest. | 9 | | The purpose of this Act is to protect and benefit the public by | 10 | | setting standards of qualifications, education, training, and | 11 | | experience for those who seek to obtain a license and hold the | 12 | | title of "licensed behavior analyst" or "licensed assistant | 13 | | behavior analyst", to promote high standards of professional | 14 | | performance for those licensed to practice applied behavior | 15 | | analysis in the State of Illinois, to protect the public from | 16 | | the practice of applied behavior analysis by unqualified |
| | | 10100HB2710ham001 | - 2 - | LRB101 07779 SPS 64942 a |
|
| 1 | | persons and from unprofessional conduct by persons licensed to | 2 | | practice applied behavior analysis. | 3 | | Section 10. Definitions. As used in this Act: | 4 | | "Address of record" means the designated address recorded | 5 | | by the Department in the applicant's or licensee's application | 6 | | file or license file as maintained by the Department's | 7 | | licensure maintenance unit. | 8 | | "Board" means the Advisory Board of Behavior Analysts | 9 | | appointed by the Secretary. | 10 | | "Department" means the Department of Financial and | 11 | | Professional Regulation. | 12 | | "Email address of record" means the designated email | 13 | | address recorded by the Department in the applicant's | 14 | | application file or the licensee's license file as maintained | 15 | | by the Department's licensure maintenance unit. | 16 | | "Licensed assistant behavior analyst" means an individual | 17 | | licensed under this Act to engage in practice as an assistant | 18 | | behavior analyst under the supervision of a licensed behavior | 19 | | analyst or a licensed clinical psychologist. | 20 | | "Licensed behavior analyst" means an individual licensed | 21 | | to engage in the practice of applied behavior analysis. | 22 | | "Practice of behavior analysis" means the design, | 23 | | implementation, and evaluation of instructional and | 24 | | environmental modifications to produce socially significant | 25 | | improvement in human behavior. "Practice of behavior analysis" |
| | | 10100HB2710ham001 | - 3 - | LRB101 07779 SPS 64942 a |
|
| 1 | | includes the empirical identification of functional relations | 2 | | between behavior environmental factors, known as functional | 3 | | assessment and analysis. Applied behavior analysis | 4 | | interventions are based on scientific research and the direct | 5 | | observation and measurement of behavior and environment. | 6 | | Applied behavior analysis interventions utilize contextual | 7 | | factors, motivating operations, antecedent stimuli, positive | 8 | | reinforcement, and other procedures to help individuals | 9 | | develop new behaviors, increase or decrease existing | 10 | | behaviors, and elicit behaviors under specific environmental | 11 | | conditions. "Practice of behavior analysis" does not include: | 12 | | (1) the practice of medicine, osteopathic medicine and | 13 | | surgery, or medical diagnosis or treatment, as regulated by | 14 | | the Medical Practice Act of 1987; | 15 | | (2) the practice of nursing, as regulated by the Nurse | 16 | | Practice Act; | 17 | | (3) the practice of speech-language pathology, as | 18 | | defined in the Illinois Speech-Language Pathology and | 19 | | Audiology Practice Act; | 20 | | (4) the practice of licensed clinical psychology, as | 21 | | defined in the Clinical Psychologist Licensing Act; | 22 | | (5) the practice of physical therapy, as defined in the | 23 | | Illinois Physical Therapy Act; | 24 | | (6) the practice of occupational therapy, as defined in | 25 | | the Illinois Occupational Therapy Practice Act; | 26 | | (7) psychological testing, including standardized |
| | | 10100HB2710ham001 | - 4 - | LRB101 07779 SPS 64942 a |
|
| 1 | | testing for intelligence or personality; | 2 | | (8) diagnosis of a mental or physical disorder; | 3 | | (9) the practice of neuropsychology, psychotherapy, | 4 | | cognitive therapy, sex therapy, psychoanalysis, | 5 | | hypnotherapy, and counseling as treatment modalities; | 6 | | (10) the practice of school social work, as provided in | 7 | | Sections 10-20.65, 14-1.09a, and 34-18.58 of the School | 8 | | Code; | 9 | | (11) the practice of clinical social work or social | 10 | | work, as regulated by the Clinical Social Work and Social | 11 | | Work Practice Act; | 12 | | (12) the practice of professional counseling, as | 13 | | defined in the Professional Counselor and Clinical | 14 | | Professional Counselor Licensing and Practice Act; or | 15 | | (13) the practice of marriage and family therapy, as | 16 | | defined in the Marriage and Family Therapy Licensing Act. | 17 | | "Secretary" means the Secretary of Financial and | 18 | | Professional Regulation. | 19 | | Section 15. Address of record; email address of record. All | 20 | | applicants and licensees shall: | 21 | | (1) provide a valid address and email address to the | 22 | | Department, which shall serve as the address of record and | 23 | | email address of record, respectively, at the time of | 24 | | application for licensure or renewal of a license; and | 25 | | (2) inform the Department of any change of address of |
| | | 10100HB2710ham001 | - 5 - | LRB101 07779 SPS 64942 a |
|
| 1 | | record or email address of record within 14 days after such | 2 | | change, either through the Department's website or by | 3 | | contacting the Department's licensure maintenance unit. | 4 | | Section 20. License required; exemptions. | 5 | | (a) Beginning 24 months after the effective date of this | 6 | | Act, an individual shall not engage in the practice of applied | 7 | | behavior analysis unless licensed under this Act or covered by | 8 | | an exemption under subsection (c). | 9 | | (a-5) An individual licensed under this Act as an assistant | 10 | | behavior analyst shall not engage in the practice of applied | 11 | | behavior analysis unless supervised by a licensed clinical | 12 | | psychologist. | 13 | | (b) Beginning 24 months after the effective date of this | 14 | | Act, an individual shall not use the title "licensed behavior | 15 | | analyst", "L.B.A.", "licensed assistant behavior analyst", | 16 | | "L.A.B.A.", or similar words or letters indicating he or she is | 17 | | licensed as a behavior analyst or assistant behavior analyst | 18 | | unless he or she is actually licensed under this Act. | 19 | | (c) This Act does not prohibit any of the following: | 20 | | (1) Self-care by a patient or uncompensated care by a | 21 | | friend or family member who does not represent or hold | 22 | | himself or herself out to be a behavior analyst or | 23 | | assistant behavior analyst. | 24 | | (2) An individual from implementing a behavior | 25 | | analytic treatment plan under the extended authority, |
| | | 10100HB2710ham001 | - 6 - | LRB101 07779 SPS 64942 a |
|
| 1 | | direction, and supervision of a licensed behavior analyst | 2 | | or licensed assistant behavior analyst. | 3 | | (3) An individual licensed or certified under any other | 4 | | law of this State from performing activities that are | 5 | | considered to be the practice of applied behavior analysis | 6 | | under this Act if the activities are within the | 7 | | individual's scope of practice and commensurate with his or | 8 | | her education, training, and experience, so long as the | 9 | | individual does not use the titles provided in subsection | 10 | | (b). | 11 | | (4) An individual from performing activities that are | 12 | | considered to be the practice of applied behavior analysis | 13 | | under this Act if the activities are with non-humans, | 14 | | including applied animal behaviorists and animal trainers. | 15 | | Such an individual may use the title "behavior analyst" but | 16 | | shall not represent himself or herself as a licensed | 17 | | behavior analyst or licensed assistant behavior analyst | 18 | | unless he or she holds a license issued by the State. | 19 | | (5) An individual who provides general applied | 20 | | behavior analysis services to organizations, so long as the | 21 | | services are for the benefit of the organizations and do | 22 | | not involve direct services to individuals. Such an | 23 | | individual may use the title "behavior analyst" but may not | 24 | | represent himself or herself as a licensed behavior analyst | 25 | | or licensed assistant behavior analyst unless he or she | 26 | | holds a license issued by the State. |
| | | 10100HB2710ham001 | - 7 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (6) An individual who is a matriculated student at a | 2 | | nationally accredited university approved in rules or a | 3 | | postdoctoral fellow from performing activities that are | 4 | | considered to be the practice of applied behavior analysis | 5 | | under this Act if the activities are part of a defined | 6 | | program of study, course, practicum, internship, or | 7 | | postdoctoral fellowship, provided that the applied | 8 | | behavior analysis activities are directly supervised by a | 9 | | licensed behavior analyst under this Act or a licensed | 10 | | clinical psychologist. | 11 | | (7) An individual who is not licensed under this Act | 12 | | from pursuing field experience in the practice of behavior | 13 | | analysis if the experience is supervised by a licensed | 14 | | behavior analyst or a licensed psychologist. | 15 | | (8) An individual with a learning behavior specialist | 16 | | or school support personnel endorsement from the Illinois | 17 | | State Board of Education, the school district in which the | 18 | | school is located, or a special education joint agreement | 19 | | serving the school district in which the school is located | 20 | | from delivering behavior analytic services in a school | 21 | | setting when employed by that school as long as those | 22 | | services are defined in the scope of practice for that | 23 | | endorsement and that person is not in any manner held out | 24 | | to the public as a licensed behavior analyst or licensed | 25 | | assistant behavior analyst. | 26 | | (9) A qualified intellectual disabilities |
| | | 10100HB2710ham001 | - 8 - | LRB101 07779 SPS 64942 a |
|
| 1 | | professional, meeting the minimum federal education | 2 | | requirements outlined in 42 CFR 483.430, who is performing | 3 | | such duties as required for individuals with intellectual | 4 | | or developmental disabilities in programs and facilities | 5 | | regulated by the federal Centers for Medicare and Medicaid | 6 | | Services, the Department of Human Services, or the | 7 | | Department of Public Health, so long as the individual does | 8 | | not use the titles provided in subsection (b). | 9 | | (10) A service provider, designated by the Department | 10 | | of Human Services, from providing behavior intervention | 11 | | and treatment, so long as the individual does not use the | 12 | | titles provided in subsection (b). | 13 | | (d) This Act does not apply to an individual who, on the | 14 | | effective date of this Act, is engaging in the practice of | 15 | | applied behavior analysis for the medical assistance program | 16 | | under the Illinois Public Aid Code and is under the supervision | 17 | | of a licensed behavior analyst or licensed assistant behavior | 18 | | analyst and seeking the education, training, and experience | 19 | | necessary to obtain a license under this Act, so long as such | 20 | | practice does not continue after 24 months after the effective | 21 | | date of this Act. | 22 | | Section 23. Applications for original license. | 23 | | Applications for original licenses shall be made to the | 24 | | Department on forms or electronically as prescribed by the | 25 | | Department and accompanied by the required fee, which shall not |
| | | 10100HB2710ham001 | - 9 - | LRB101 07779 SPS 64942 a |
|
| 1 | | be refundable. All applications shall contain such information | 2 | | which, in the judgment of the Department, will enable the | 3 | | Department to pass on the qualifications of the applicant for a | 4 | | license as a licensed behavior analyst or licensed assistant | 5 | | behavior analyst. | 6 | | A license to practice shall not be denied to an applicant | 7 | | because of the applicant's race, religion, creed, national | 8 | | origin, political beliefs or activities, age, sex, sexual | 9 | | orientation, or physical disability that does not affect a | 10 | | person's ability to practice with reasonable judgment, skill, | 11 | | or safety. | 12 | | For persons who have successfully completed a graduate | 13 | | degree from a nationally or regionally accredited university | 14 | | approved by the Department and can demonstrate that they have | 15 | | passed a competency examination authorized by the Department | 16 | | before the effective date of this Act, the Department may allow | 17 | | those persons to apply for licensure under the terms of this | 18 | | Act beginning 20 months after the effective date of this Act. | 19 | | Applicants have 3 years after the date of application to | 20 | | complete the application process. If the process has not been | 21 | | completed in 3 years, the application shall be denied, the fee | 22 | | shall be forfeited, and the applicant must reapply and meet the | 23 | | requirements in effect at the time of reapplication. | 24 | | Section 25. Qualifications for behavior analyst license. | 25 | | (a) A person qualifies to be licensed as a behavior analyst |
| | | 10100HB2710ham001 | - 10 - | LRB101 07779 SPS 64942 a |
|
| 1 | | if that person: | 2 | | (1) has applied in writing or electronically on forms | 3 | | prescribed by the Department; | 4 | | (2) is of good moral character; in determining good | 5 | | moral character, the Department may take into | 6 | | consideration whether the applicant was engaged in conduct | 7 | | or actions that would constitute grounds for discipline | 8 | | under this Act; | 9 | | (3) demonstrates to the satisfaction of the Department | 10 | | that he or she has successfully completed a graduate degree | 11 | | from a nationally or regionally accredited university | 12 | | approved by the Department and core coursework related to | 13 | | principles and application of applied behavior analysis; | 14 | | (4) has met the supervised work experience required for | 15 | | certification as a behavior analyst in effect at the time | 16 | | the applicant passed the examination required in paragraph | 17 | | (5); | 18 | | (5) has passed the examination for the practice of | 19 | | behavior analysis as authorized by the Department; and | 20 | | (6) has paid the required fees. | 21 | | (b) All applicants have 3 years after the date of | 22 | | application to complete the application process. If the process | 23 | | has not been completed in 3 years, the application shall be | 24 | | denied, the fee shall be forfeited, and the applicant must | 25 | | reapply and meet the requirements in effect at the time of | 26 | | reapplication. |
| | | 10100HB2710ham001 | - 11 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Section 30. Qualifications for assistant behavior analyst | 2 | | license. | 3 | | (a) A person qualifies to be licensed as an assistant | 4 | | behavior analyst if that person: | 5 | | (1) has applied in writing or electronically on forms | 6 | | prescribed by the Department; | 7 | | (2) is of good moral character; in determining good | 8 | | moral character, the Department may take into | 9 | | consideration whether the applicant was engaged in conduct | 10 | | or actions that would constitute grounds for discipline | 11 | | under this Act; | 12 | | (3) demonstrates to the satisfaction of the Department | 13 | | completion of a bachelor's degree from a nationally or | 14 | | regionally accredited university approved by the | 15 | | Department and core coursework related to principles and | 16 | | application of applied behavior analysis; | 17 | | (4) has met the supervised work experience required for | 18 | | certification as an assistant behavior analyst in effect at | 19 | | the time the applicant passed the examination required in | 20 | | paragraph (5); | 21 | | (5) has passed the examination for the practice of | 22 | | behavior analysis as a licensed assistant behavior analyst | 23 | | as authorized by the Department; and | 24 | | (6) has paid the required fees. | 25 | | (b) Applicants have 3 years after the date of application |
| | | 10100HB2710ham001 | - 12 - | LRB101 07779 SPS 64942 a |
|
| 1 | | to complete the application process. If the process has not | 2 | | been completed in 3 years, the application shall be denied, the | 3 | | fee shall be forfeited, and the applicant must reapply and meet | 4 | | the requirements in effect at the time of reapplication. | 5 | | Section 35. Endorsement. The Department may issue a license | 6 | | as a behavior analyst or assistant behavior analyst to an | 7 | | applicant licensed under the laws of another jurisdiction if | 8 | | the requirements for licensure in that jurisdiction are, on the | 9 | | date of licensure, substantially equivalent to the | 10 | | requirements of this Act or to any person who, at the time of | 11 | | his or her licensure, possessed individual qualifications that | 12 | | were substantially equivalent to the requirements then in force | 13 | | in this State. | 14 | | An applicant under this Section shall pay the required | 15 | | fees. An individual applying for licensure as a licensed | 16 | | behavior analyst or assistant behavior analyst who has been | 17 | | licensed in another United States jurisdiction for 10 | 18 | | consecutive years without discipline is not required to submit | 19 | | proof of completion of the education, professional experience, | 20 | | and supervision required in Section 25 or 30. | 21 | | Individuals with 10 consecutive years of experience must | 22 | | submit certified verification of licensure from the | 23 | | jurisdiction in which the applicant practiced and must comply | 24 | | with all other licensing requirements and pay all required | 25 | | fees. If the accuracy of any submitted documentation or the |
| | | 10100HB2710ham001 | - 13 - | LRB101 07779 SPS 64942 a |
|
| 1 | | relevance or sufficiency of the coursework or experience is | 2 | | questioned by the Department or the Board because of a lack of | 3 | | information, discrepancies or conflicts in information given, | 4 | | or a need for clarification, the applicant seeking licensure | 5 | | may be required to provide additional information. | 6 | | Applicants under this Section have 3 years after the date | 7 | | of application to complete the application process. If the | 8 | | process has not been completed in 3 years, the application | 9 | | shall be denied, the fee shall be forfeited, and the applicant | 10 | | must reapply and meet the requirements in effect at the time of | 11 | | reapplication. | 12 | | Section 40. Advisory Board of Behavior Analysts. | 13 | | (a) The Secretary shall appoint an Advisory Board of | 14 | | Behavior Analysts consisting of 5 persons who shall serve in an | 15 | | advisory capacity to the Secretary. The Board shall consist of | 16 | | the following 5 members appointed by the Secretary: one | 17 | | licensed behavior analyst holding a doctoral degree, one | 18 | | licensed assistant behavior analyst, 2 licensed behavior | 19 | | analysts, and one public member not regulated under this Act or | 20 | | a similar Act and who clearly represents consumer interests. | 21 | | The Board shall serve in an advisory capacity. | 22 | | (b) Members shall serve for a term of 4 years each, except | 23 | | that any person chosen to fill a vacancy shall be appointed | 24 | | only for the unexpired term of the Board member whom he or she | 25 | | shall succeed. Upon the expiration of this term of office, a |
| | | 10100HB2710ham001 | - 14 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Board member shall continue to serve until a successor is | 2 | | appointed and qualified. No member shall serve more than 2 | 3 | | consecutive 4-year terms. | 4 | | (c) The membership of the Board should represent racial and | 5 | | cultural diversity and reasonably reflect representation from | 6 | | different geographic areas of Illinois. | 7 | | (d) The Secretary may terminate the appointment of any | 8 | | member for cause. | 9 | | (e) The Secretary may consider the recommendation of the | 10 | | Board on all matters and questions relating to this Act, such | 11 | | as: (i) matters relating to continuing education, including the | 12 | | number of hours necessary for license renewal, waivers for | 13 | | those unable to meet such requirements, and acceptable course | 14 | | content and (ii) rules for administration of this Act. | 15 | | (f) The Board shall annually elect one of its members as | 16 | | chairperson and one as vice chairperson. | 17 | | (g) Members of the Board shall be reimbursed for all | 18 | | legitimate, necessary, and authorized expenses. | 19 | | (h) A majority of the Board members currently appointed | 20 | | shall constitute a quorum. A vacancy in the membership of the | 21 | | Board shall not impair the right of a quorum to perform all of | 22 | | the duties of the Board. | 23 | | (i) Members of the Board shall have no liability in an | 24 | | action based upon a disciplinary proceeding or other activity | 25 | | performed in good faith as a member of the Board. |
| | | 10100HB2710ham001 | - 15 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Section 45. Licenses; renewal; restoration; person in | 2 | | military service; inactive status. | 3 | | (a) The expiration date and renewal period for each license | 4 | | issued under this Act shall be set by rule. The licensee may | 5 | | renew a license during the 60-day period preceding its | 6 | | expiration date by paying the required fee and by demonstrating | 7 | | compliance with any continuing education requirements. The | 8 | | Department shall adopt rules establishing minimum requirements | 9 | | for continuing education and means for verification of the | 10 | | completion of the continuing education requirements. The | 11 | | Department may, by rule, specify circumstances under which the | 12 | | continuing education requirements may be waived. | 13 | | (b) Any person who has permitted a license to expire or who | 14 | | has a license on inactive status may have it restored by | 15 | | submitting an application to the Department and filing proof of | 16 | | fitness, as defined by rule, to have the license restored, | 17 | | including, if appropriate, evidence that is satisfactory to the | 18 | | Department certifying the active practice of behavior analysis | 19 | | in another jurisdiction and by paying the required fee. | 20 | | (c) If the person has not maintained an active practice in | 21 | | another jurisdiction that is satisfactory to the Department, | 22 | | the Department shall determine the person's fitness to resume | 23 | | active status. The Department may also require the person to | 24 | | complete a specific period of evaluated behavior analysis | 25 | | experience and may require successful completion of an | 26 | | examination. |
| | | 10100HB2710ham001 | - 16 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (d) Notwithstanding any other provision of this Act, any | 2 | | person whose license expired while on active duty with the | 3 | | armed forces of the United States, while called into service or | 4 | | training with the State Militia or in training or education | 5 | | under the supervision of the United States government prior to | 6 | | induction into the military service may have his or her license | 7 | | restored without paying any renewal fees if, within 2 years | 8 | | after the honorable termination of that service, training, or | 9 | | education, except under conditions other than honorable, the | 10 | | Department is furnished with satisfactory evidence that the | 11 | | person has been so engaged and that the service, training, or | 12 | | education has been so terminated. | 13 | | (e) A license to practice shall not be denied any applicant | 14 | | because of the applicant's race, religion, creed, national | 15 | | origin, political beliefs or activities, age, sex, sexual | 16 | | orientation, or physical impairment. | 17 | | (f) The Department shall indicate on each license the | 18 | | academic degree of the licensee. | 19 | | Section 50. Suspension of license for failure to pay | 20 | | restitution. The Department, without further process or | 21 | | hearing, shall suspend the license or other authorization to | 22 | | practice of any person issued under this Act who has been | 23 | | certified by court order as not having paid restitution to a | 24 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 25 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or |
| | | 10100HB2710ham001 | - 17 - | LRB101 07779 SPS 64942 a |
|
| 1 | | the Criminal Code of 2012. A person whose license or other | 2 | | authorization to practice is suspended under this Section is | 3 | | prohibited from practicing until the restitution is made in | 4 | | full. | 5 | | Section 55. Grounds for disciplinary action. | 6 | | (a) The Department may refuse to issue or renew a license, | 7 | | or may suspend, revoke, place on probation, reprimand, or take | 8 | | any other disciplinary or non-disciplinary action deemed | 9 | | appropriate by the Department, including the imposition of | 10 | | fines not to exceed $10,000 for each violation, with regard to | 11 | | any license issued under the provisions of this Act for any one | 12 | | or a combination of the following grounds: | 13 | | (1) material misstatements in furnishing information | 14 | | to the Department or to any other State agency or in | 15 | | furnishing information to any insurance company with | 16 | | respect to a claim on behalf of a licensee or a patient; | 17 | | (2) violations or negligent or intentional disregard | 18 | | of this Act or its rules; | 19 | | (3) conviction of or entry of a plea of guilty or nolo | 20 | | contendere, finding of guilt, jury verdict, or entry of | 21 | | judgment or sentencing, including, but not limited to, | 22 | | convictions, preceding sentences of supervision, | 23 | | conditional discharge, or first offender probation, under | 24 | | the laws of any jurisdiction of the United States that is | 25 | | (i) a felony or (ii) a misdemeanor, an essential element of |
| | | 10100HB2710ham001 | - 18 - | LRB101 07779 SPS 64942 a |
|
| 1 | | which is dishonesty, or that is directly related to the | 2 | | practice of behavior analysis; | 3 | | (4) fraud or misrepresentation in applying for or | 4 | | procuring a license under this Act or in connection with | 5 | | applying for renewal or restoration of a license under this | 6 | | Act; | 7 | | (5) professional incompetence; | 8 | | (6) gross negligence in practice under this Act; | 9 | | (7) aiding or assisting another person in violating any | 10 | | provision of this Act or its rules; | 11 | | (8) failing to provide information within 60 days in | 12 | | response to a written request made by the Department; | 13 | | (9) engaging in dishonorable, unethical, or | 14 | | unprofessional conduct of a character likely to deceive, | 15 | | defraud, or harm the public as defined by the rules of the | 16 | | Department or violating the rules of professional conduct | 17 | | adopted by the Department; | 18 | | (10) habitual or excessive use or abuse of drugs | 19 | | defined in law as controlled substances, of alcohol, or of | 20 | | any other substances that results in the inability to | 21 | | practice with reasonable judgment, skill, or safety; | 22 | | (11) adverse action taken by another state or | 23 | | jurisdiction if at least one of the grounds for the | 24 | | discipline is the same or substantially equivalent to those | 25 | | set forth in this Section; | 26 | | (12) directly or indirectly giving to or receiving from |
| | | 10100HB2710ham001 | - 19 - | LRB101 07779 SPS 64942 a |
|
| 1 | | any person, firm, corporation, partnership, or association | 2 | | any fee, commission, rebate, or other form of compensation | 3 | | for any professional service not actually rendered; | 4 | | nothing in this paragraph (12) affects any bona fide | 5 | | independent contractor or employment arrangements among | 6 | | health care professionals, health facilities, health care | 7 | | providers, or other entities, except as otherwise | 8 | | prohibited by law; any employment arrangements may include | 9 | | provisions for compensation, health insurance, pension, or | 10 | | other employment benefits for the provision of services | 11 | | within the scope of the licensee's practice under this Act; | 12 | | nothing in this paragraph (12) shall be construed to | 13 | | require an employment arrangement to receive professional | 14 | | fees for services rendered; | 15 | | (13) a finding by the Department that the licensee, | 16 | | after having the license placed on probationary status, has | 17 | | violated the terms of probation or failed to comply with | 18 | | those terms; | 19 | | (14) abandonment, without cause, of a client; | 20 | | (15) willfully making or filing false records or | 21 | | reports relating to a licensee's practice, including, but | 22 | | not limited to, false records filed with federal or State | 23 | | agencies or departments; | 24 | | (16) willfully failing to report an instance of | 25 | | suspected child abuse or neglect as required by the Abused | 26 | | and Neglected Child Reporting Act; |
| | | 10100HB2710ham001 | - 20 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (17) being named as a perpetrator in an indicated | 2 | | report by the Department of Children and Family Services | 3 | | under the Abused and Neglected Child Reporting Act, and | 4 | | upon proof by clear and convincing evidence that the | 5 | | licensee has caused a child to be an abused child or | 6 | | neglected child as defined in the Abused and Neglected | 7 | | Child Reporting Act; | 8 | | (18) physical illness, mental illness, or any other | 9 | | impairment or disability, including, but not limited to, | 10 | | deterioration through the aging process, or loss of motor | 11 | | skills that results in the inability to practice the | 12 | | profession with reasonable judgment, skill, or safety; | 13 | | (19) solicitation of professional services by using | 14 | | false or misleading advertising; | 15 | | (20) violation of the Health Care Worker Self-Referral | 16 | | Act; | 17 | | (21) willfully failing to report an instance of | 18 | | suspected abuse, neglect, financial exploitation, or | 19 | | self-neglect of an eligible adult as defined in and | 20 | | required by the Adult Protective Services Act; or | 21 | | (22) being named as an abuser in a verified report by | 22 | | the Department on Aging under the Adult Protective Services | 23 | | Act, and upon proof by clear and convincing evidence that | 24 | | the licensee abused, neglected, or financially exploited | 25 | | an eligible adult as defined in the Adult Protective | 26 | | Services Act. |
| | | 10100HB2710ham001 | - 21 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (b) The determination by a court that a licensee is subject | 2 | | to involuntary admission or judicial admission as provided in | 3 | | the Mental Health and Developmental Disabilities Code shall | 4 | | result in an automatic suspension of his or her license. Such | 5 | | suspension shall end upon a finding by a court that the | 6 | | licensee is no longer subject to involuntary admission or | 7 | | judicial admission and issues an order so finding and | 8 | | discharging the patient, and upon the recommendation of the | 9 | | Board to the Secretary that the licensee be allowed to resume | 10 | | professional practice. | 11 | | (c) The Department shall refuse to issue or renew or may | 12 | | suspend the license of a person who (i) fails to file a return, | 13 | | pay the tax, penalty, or interest shown in a filed return, or | 14 | | pay any final assessment of tax, penalty, or interest, as | 15 | | required by any tax Act administered by the Department of | 16 | | Revenue, until the requirements of the tax Act are satisfied or | 17 | | (ii) has failed to pay any court-ordered child support as | 18 | | determined by a court order or by referral from the Department | 19 | | of Healthcare and Family Services. | 20 | | (d) In enforcing this Section, the Department or Board, | 21 | | upon a showing of a possible violation, may compel a person | 22 | | licensed to practice under this Act, or who has applied for | 23 | | licensure under this Act, to submit to a mental or physical | 24 | | examination, or both, which may include a substance abuse or | 25 | | sexual offender evaluation, as required by and at the expense | 26 | | of the Department. |
| | | 10100HB2710ham001 | - 22 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (1) The Department shall specifically designate the | 2 | | examining physician licensed to practice medicine in all of | 3 | | its branches or, if applicable, the multidisciplinary team | 4 | | involved in providing the mental or physical examination or | 5 | | both. The multidisciplinary team shall be led by a | 6 | | physician licensed to practice medicine in all of its | 7 | | branches and may consist of one or more or a combination of | 8 | | physicians licensed to practice medicine in all of its | 9 | | branches, licensed clinical psychologists, licensed | 10 | | clinical behavior analysts, licensed clinical professional | 11 | | counselors, and other professional and administrative | 12 | | staff. Any examining physician or member of the | 13 | | multidisciplinary team may require any person ordered to | 14 | | submit to an examination pursuant to this Section to submit | 15 | | to any additional supplemental testing deemed necessary to | 16 | | complete any examination or evaluation process, including, | 17 | | but not limited to, blood testing, urinalysis, | 18 | | psychological testing, or neuropsychological testing. | 19 | | (2) The Board or the Department may order the examining | 20 | | physician or any member of the multidisciplinary team to | 21 | | present testimony concerning this mental or physical | 22 | | examination of the licensee or applicant. No information, | 23 | | report, record, or other documents in any way related to | 24 | | the examination shall be excluded by reason of any common | 25 | | law or statutory privilege relating to communications | 26 | | between the licensee or applicant and the examining |
| | | 10100HB2710ham001 | - 23 - | LRB101 07779 SPS 64942 a |
|
| 1 | | physician or any member of the multidisciplinary team. No | 2 | | authorization is necessary from the licensee or applicant | 3 | | ordered to undergo an examination for the examining | 4 | | physician or any member of the multidisciplinary team to | 5 | | provide information, reports, records, or other documents | 6 | | or to provide any testimony regarding the examination and | 7 | | evaluation. | 8 | | (3) The person to be examined may have, at his or her | 9 | | own expense, another physician of his or her choice present | 10 | | during all aspects of the examination. However, that | 11 | | physician shall be present only to observe and may not | 12 | | interfere in any way with the examination. | 13 | | (4) Failure of any person to submit to a mental or | 14 | | physical examination without reasonable cause, when | 15 | | ordered, shall result in an automatic suspension of his or | 16 | | her license until the person submits to the examination. | 17 | | (e) If the Department or Board finds a person unable to | 18 | | practice because of the reasons set forth in this Section, the | 19 | | Department or Board may require that person to submit to care, | 20 | | counseling, or treatment by physicians approved or designated | 21 | | by the Department or Board, as a condition, term, or | 22 | | restriction for continued, reinstated, or renewed licensure to | 23 | | practice; or, in lieu of care, counseling, or treatment, the | 24 | | Department may file, or the Board may recommend to the | 25 | | Department to file, a complaint to immediately suspend, revoke, | 26 | | or otherwise discipline the license of the person. Any person |
| | | 10100HB2710ham001 | - 24 - | LRB101 07779 SPS 64942 a |
|
| 1 | | whose license was granted, continued, reinstated, renewed, | 2 | | disciplined, or supervised subject to such terms, conditions, | 3 | | or restrictions, and who fails to comply with such terms, | 4 | | conditions, or restrictions, shall be referred to the Secretary | 5 | | for a determination as to whether the person shall have his or | 6 | | her license suspended immediately, pending a hearing by the | 7 | | Department. | 8 | | (f) All fines imposed shall be paid within 60 days after | 9 | | the effective date of the order imposing the fine or in | 10 | | accordance with the terms set forth in the order imposing the | 11 | | fine. | 12 | | If the Secretary immediately suspends a person's license | 13 | | under this Section, a hearing on that person's license must be | 14 | | convened by the Department within 30 days after the suspension | 15 | | and completed without appreciable delay. The Department and | 16 | | Board shall have the authority to review the subject person's | 17 | | record of treatment and counseling regarding the impairment, to | 18 | | the extent permitted by applicable federal statutes and | 19 | | regulations safeguarding the confidentiality of medical | 20 | | records. | 21 | | A person licensed under this Act and affected under this | 22 | | Section shall be afforded an opportunity to demonstrate to the | 23 | | Department or Board that he or she can resume practice in | 24 | | compliance with acceptable and prevailing standards under the | 25 | | provisions of his or her license. |
| | | 10100HB2710ham001 | - 25 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Section 60. Illinois Administrative Procedure Act. The | 2 | | Illinois Administrative Procedure Act is hereby expressly | 3 | | adopted and incorporated in this Act as if all of the | 4 | | provisions of the Illinois Administrative Procedure Act were | 5 | | included in this Act, except that the provision of subsection | 6 | | (d) of Section 10-65 of the Illinois Administrative Procedure | 7 | | Act is expressly excluded, which provides that at hearings the | 8 | | license holder has the right to show compliance with all lawful | 9 | | requirements for retention, continuation, or renewal of a | 10 | | license. For the purposes of this Act, the notice required | 11 | | under Section 10-25 of the Illinois Administrative Procedure | 12 | | Act is deemed sufficient when served personally upon, mailed to | 13 | | the last known address of record of, or emailed to the email | 14 | | address of record of a party. | 15 | | Section 65. Unlicensed practice; violation; civil penalty. | 16 | | (a) Any person who practices, offers to practice, attempts | 17 | | to practice, or holds himself or herself out to practice as a | 18 | | licensed behavior analyst or licensed assistant behavior | 19 | | analyst without being licensed or exempt under this Act shall, | 20 | | in addition to any other penalty provided by law, pay a civil | 21 | | penalty to the Department in an amount not to exceed $10,000 | 22 | | for each offense, as determined by the Department. The civil | 23 | | penalty shall be assessed by the Department after a hearing is | 24 | | held in accordance with the provisions set forth in this Act | 25 | | regarding the provision of a hearing for the discipline of a |
| | | 10100HB2710ham001 | - 26 - | LRB101 07779 SPS 64942 a |
|
| 1 | | licensee. | 2 | | (b) The Department may investigate any actual, alleged, or | 3 | | suspected unlicensed activity. | 4 | | (c) The civil penalty shall be paid within 60 days after | 5 | | the effective date of the order imposing the civil penalty. The | 6 | | order shall constitute a final judgment and may be filed and | 7 | | execution had thereon in the same manner as any judgment from | 8 | | any court of record. | 9 | | Section 70. Violations; injunction; cease and desist | 10 | | order. | 11 | | (a) If an individual violates a provision of this Act, the | 12 | | Secretary may, in the name of the People of the State of | 13 | | Illinois, through the Attorney General of the State of Illinois | 14 | | or the State's Attorney of the county in which the violation is | 15 | | alleged to have occurred, petition for an order enjoining the | 16 | | violation or for an order enforcing compliance with this Act. | 17 | | Upon the filing of a verified petition, the court with | 18 | | appropriate jurisdiction may issue a temporary restraining | 19 | | order without notice or bond, and may preliminarily and | 20 | | permanently enjoin the violation. If it is established that the | 21 | | individual has violated or is violating the injunction, the | 22 | | court may punish the offender for contempt of court. | 23 | | Proceedings under this Section are in addition to all other | 24 | | remedies and penalties provided by this Act. | 25 | | (b) If an individual holds himself or herself out as being |
| | | 10100HB2710ham001 | - 27 - | LRB101 07779 SPS 64942 a |
|
| 1 | | a licensed behavior analyst or a licensed assistant behavior | 2 | | analyst under this Act and is not licensed to do so, then any | 3 | | licensed behavior analyst, licensed assistant behavior | 4 | | analyst, interested party, or any person injured thereby may | 5 | | petition for relief as provided in subsection (a) of this | 6 | | Section. | 7 | | (c) Whenever, in the opinion of the Department, an | 8 | | individual violates a provision of this Act, the Department may | 9 | | issue a rule to show cause why an order to cease and desist | 10 | | should not be entered against that person. The rule shall | 11 | | clearly set forth the grounds relied upon by the Department and | 12 | | shall allow at least 7 days from the date of the rule to file an | 13 | | answer satisfactory to the Department. Failure to answer to the | 14 | | satisfaction of the Department shall cause an order to cease | 15 | | and desist to be issued. | 16 | | Section 75. Powers and duties of the Department. | 17 | | (a) The Department shall exercise the powers and duties | 18 | | prescribed by the Civil Administrative Code of Illinois for the | 19 | | administration of licensure Acts and shall exercise other | 20 | | powers and duties necessary for effectuating the purposes of | 21 | | this Act. | 22 | | (b) The Department shall adopt rules to administer and | 23 | | enforce this Act, including, but not limited to, fees for | 24 | | original licensure and renewal and restoration of licenses, and | 25 | | may prescribe forms to be issued to implement this Act. At a |
| | | 10100HB2710ham001 | - 28 - | LRB101 07779 SPS 64942 a |
|
| 1 | | minimum, the rules adopted by the Department shall include | 2 | | standards and criteria for licensure and for professional | 3 | | conduct and discipline. The Department may consult with the | 4 | | Board in adopting rules. The Department may at any time seek | 5 | | the advice and expert knowledge of the Board on any matter | 6 | | relating to the administration of this Act. | 7 | | (c) Subject to the provisions of this Act, the Department | 8 | | shall: | 9 | | (1) Authorize examinations to ascertain the | 10 | | qualifications and fitness of applicants for licensing as | 11 | | licensed behavior analysts or licensed assistant behavior | 12 | | analysts and pass upon the qualifications of applicants for | 13 | | licensure by endorsement. | 14 | | (2) Conduct hearings or proceedings to refuse to issue | 15 | | or renew or to revoke licenses or suspend, place on | 16 | | probation, censure, or reprimand or take any other | 17 | | disciplinary or nondisciplinary action with regard to a | 18 | | person licensed under this Act. | 19 | | (3) Adopt rules required for the administration of this | 20 | | Act. | 21 | | (d) All information collected by the Department in the | 22 | | course of an examination or investigation of a licensee or | 23 | | applicant, including, but not limited to, any complaint against | 24 | | a licensee filed with the Department and information collected | 25 | | to investigate any such complaint, shall be maintained for the | 26 | | confidential use of the Department and shall not be disclosed. |
| | | 10100HB2710ham001 | - 29 - | LRB101 07779 SPS 64942 a |
|
| 1 | | The Department may not disclose the information to anyone other | 2 | | than law enforcement officials, other regulatory agencies that | 3 | | have an appropriate regulatory interest as determined by the | 4 | | Secretary, or to a party presenting a lawful subpoena to the | 5 | | Department. Information and documents disclosed to a federal, | 6 | | State, county, or local law enforcement agency shall not be | 7 | | disclosed by the agency for any purpose to any other agency or | 8 | | person. A formal complaint filed against a licensee by the | 9 | | Department or any order issued by the Department against a | 10 | | licensee or applicant shall be a public record, except as | 11 | | otherwise prohibited by law. | 12 | | Section 80. Investigations; notice; hearing. | 13 | | (a) The Department may investigate the actions of any | 14 | | applicant or of any person holding or claiming to hold a | 15 | | license under this Act. | 16 | | (b) The Department shall, before disciplining an applicant | 17 | | or licensee, at least 30 days prior to the date set for the | 18 | | hearing: (i) notify, in writing, the accused of the charges | 19 | | made and the time and place for the hearing on the charges, | 20 | | (ii) direct him or her to file a written answer to the charges | 21 | | under oath within 20 days after the service of the notice, and | 22 | | (iii) inform the applicant or licensee that failure to file an | 23 | | answer will result in a default being entered against the | 24 | | applicant or licensee. | 25 | | (c) Written or electronic notice, and any notice in the |
| | | 10100HB2710ham001 | - 30 - | LRB101 07779 SPS 64942 a |
|
| 1 | | subsequent proceeding, may be served by personal delivery, by | 2 | | email, or by mail to the applicant or licensee at his or her | 3 | | address of record or email address of record. | 4 | | (d) At the time and place fixed in the notice, the Board or | 5 | | hearing officer appointed by the Secretary shall proceed to | 6 | | hear the charges and the parties or their counsel shall be | 7 | | accorded ample opportunity to present any statements, | 8 | | testimony, evidence and argument as may be pertinent to the | 9 | | charges or to their defense. The Board or hearing officer may | 10 | | continue the hearing from time to time. | 11 | | (e) If the person, after receiving the notice, fails to | 12 | | file an answer, his or her license may, in the discretion of | 13 | | the Secretary, having first received the recommendation of the | 14 | | Board, be suspended, revoked, or placed on probationary status, | 15 | | or be subject to whatever disciplinary action the Secretary | 16 | | considers proper, including limiting the scope, nature, or | 17 | | extent of the person's practice or the imposition of a fine, | 18 | | without hearing, if the act or acts charged constitute | 19 | | sufficient grounds for that action under this Act. | 20 | | (f) Notwithstanding any other provision of this Act, the | 21 | | Secretary has the authority to appoint any attorney duly | 22 | | licensed to practice law in the State of Illinois to serve as | 23 | | the hearing officer in any action for refusal to issue or renew | 24 | | a license or to discipline a licensee. The hearing officer | 25 | | shall have full authority to conduct the hearing. The hearing | 26 | | officer shall report his or her findings of fact, conclusions |
| | | 10100HB2710ham001 | - 31 - | LRB101 07779 SPS 64942 a |
|
| 1 | | of law, and recommendations to the Board and to the Secretary. | 2 | | Section 85. Subpoenas; depositions; oaths. The Department | 3 | | shall have the power to subpoena and to bring before it any | 4 | | person and to take testimony either orally or by deposition, or | 5 | | both, with the same fees and mileage and in the same manner as | 6 | | prescribed in civil cases in the courts of this State.
| 7 | | The Secretary, the designated hearing officer, and every | 8 | | member of the Board shall have power to administer oaths to | 9 | | witnesses at any hearing which the Department is authorized to | 10 | | conduct, and any other oaths authorized in any Act administered | 11 | | by the Department.
| 12 | | Section 90. Compelling testimony. Any court, upon | 13 | | application of the Department, designated hearing officer, or | 14 | | the applicant or licensee against whom proceedings under | 15 | | Section 55 are pending, may enter an order requiring the | 16 | | attendance of witnesses and their testimony, and the production | 17 | | of documents, papers, files, books and records in connection | 18 | | with any hearing or investigation. The court may compel | 19 | | obedience to its order by proceedings for contempt. | 20 | | Section 95. Record of proceedings; transcript. | 21 | | (a) The Department, at its expense, shall preserve a record | 22 | | of all proceedings at any formal hearing of any case. The | 23 | | notice of hearing, complaint and all other documents in the |
| | | 10100HB2710ham001 | - 32 - | LRB101 07779 SPS 64942 a |
|
| 1 | | nature of pleadings and written motions filed in the | 2 | | proceedings, the transcript of testimony, the report of the | 3 | | Board, and the orders of the Department shall be the record of | 4 | | the proceedings. The Department shall furnish a copy of the | 5 | | record to any person upon payment of the fee required under | 6 | | Section 2105-115 of the Department of Professional Regulation | 7 | | Law of the Civil Administrative Code of Illinois. | 8 | | (b) The Board or the hearing officer appointed by the | 9 | | Secretary shall hear evidence in support of the formal charges | 10 | | and evidence produced by the licensee. At the conclusion of the | 11 | | hearing, the Board shall present to the Secretary a written | 12 | | report of its findings of fact, conclusions of law, and | 13 | | recommendations. | 14 | | Section 100. Findings and recommendations. At the | 15 | | conclusion of the hearing the Board shall present to the | 16 | | Secretary a written report of its findings of fact, conclusions | 17 | | of law and recommendations. The report shall contain a finding | 18 | | whether or not the licensee violated this Act or failed to | 19 | | comply with the conditions required in this Act. The Board | 20 | | shall specify the nature of the violation or failure to comply, | 21 | | and shall make its recommendations to the Secretary. | 22 | | The report of findings of fact, conclusions of law, and | 23 | | recommendation of the Board shall be the basis for the | 24 | | Department's order or refusal or for the granting of the | 25 | | license. |
| | | 10100HB2710ham001 | - 33 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Section 105. Motion for rehearing. At the conclusion of the | 2 | | hearing, a copy of the Board or hearing officer's report shall | 3 | | be served to the applicant or licensee by the Department, | 4 | | either personally or as provided in this Act for the service of | 5 | | a notice of hearing. Within 20 calendar days after service, the | 6 | | applicant or licensee may present to the Department a motion in | 7 | | writing for a rehearing, which shall specify the particular | 8 | | grounds for rehearing. The Department may respond to the motion | 9 | | for rehearing within 20 calendar days after its service on the | 10 | | Department. If no motion for rehearing is filed, then after the | 11 | | expiration of the time specified for filing such motion, or | 12 | | upon denial of a motion for rehearing, the Secretary may enter | 13 | | an order in accordance with the recommendation of the Board or | 14 | | hearing officer. If the applicant or licensee orders from the | 15 | | reporting service and pays for a transcript of the record | 16 | | within the time for filing a motion for rehearing, the 20-day | 17 | | period within which a motion may be filed shall commence upon | 18 | | the delivery of the transcript to the applicant or licensee. | 19 | | Section 110. Restoration. At any time after the successful | 20 | | completion of a term of probation, suspension, or revocation of | 21 | | any license, the Department may restore the license to the | 22 | | licensee upon the written recommendation of the Board unless | 23 | | after an investigation and hearing the Board or Department | 24 | | determines that restoration is not in the public interest. |
| | | 10100HB2710ham001 | - 34 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Where circumstances of suspension or revocation so indicate, | 2 | | the Department may require an examination of the licensee prior | 3 | | to restoring his or her license. No person whose license has | 4 | | been revoked as authorized in this Act may apply for | 5 | | restoration of that license until such time as provided for in | 6 | | the Civil Administrative Code of Illinois. | 7 | | Section 115. Surrender of license. Upon the revocation or | 8 | | suspension of any license, the licensee shall immediately | 9 | | surrender his or her license to the Department. If the licensee | 10 | | fails to do so, the Department shall have the right to seize | 11 | | the license. | 12 | | Section 120. Summary suspension of a license. The Secretary | 13 | | may summarily suspend the license of a licensed behavior | 14 | | analyst or assistant behavior analyst without a hearing | 15 | | simultaneously with the institution of proceedings for a | 16 | | hearing provided for in this Act if the Secretary finds that | 17 | | evidence in his or her possession indicates that a licensee's | 18 | | continuation in practice would constitute an imminent danger to | 19 | | the public. In the event the Secretary summarily suspends such | 20 | | license without a hearing, a hearing by the Board or Department | 21 | | shall be held within 30 calendar days after the suspension has | 22 | | occurred. | 23 | | Section 125. Administrative review. |
| | | 10100HB2710ham001 | - 35 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (a) All final administrative decisions of the Department | 2 | | hereunder shall be subject to judicial review pursuant to the | 3 | | provisions of the Administrative Review Law, and all amendments | 4 | | and modifications thereof, and the rules adopted pursuant | 5 | | thereto. The term "administrative decision" is defined as in | 6 | | Section 3-101 of the Code of Civil Procedure. | 7 | | (b) Proceedings for judicial review shall be commenced in | 8 | | the circuit court of the county in which the party applying for | 9 | | review resides, but if the party is not a resident of Illinois, | 10 | | the venue shall be in Sangamon County. | 11 | | Section 130. Certification of record. The Department shall | 12 | | not be required to certify any record to the court, file any | 13 | | answer in court, or otherwise appear in any judicial review | 14 | | proceedings, unless and until the Department has received from | 15 | | the plaintiff payment of the costs of furnishing and certifying | 16 | | the record, which costs shall be determined by the Department. | 17 | | Failure on the part of the plaintiff to file a receipt in court | 18 | | shall be grounds for dismissal of the action. | 19 | | Section 135. Fees. The Department shall provide by rule for | 20 | | a schedule of fees for the administration and enforcement of | 21 | | this Act, including, but not limited to, original licensure, | 22 | | registration, renewal, and restoration. The fees shall be | 23 | | nonrefundable. | 24 | | All fees, fines, and penalties collected under this Act |
| | | 10100HB2710ham001 | - 36 - | LRB101 07779 SPS 64942 a |
|
| 1 | | shall be deposited into the General Professions Dedicated Fund | 2 | | and shall be appropriated to the Department for the ordinary | 3 | | and contingent expenses of the Department in the administration | 4 | | of this Act. | 5 | | Section 900. The Regulatory Sunset Act is amended by adding | 6 | | Section 4.41 as follows: | 7 | | (5 ILCS 80/4.41 new) | 8 | | Sec. 4.41. Act repealed on January 1, 2031. The following | 9 | | Act is repealed on January 1, 2031: | 10 | | The Behavior Analyst Licensing Act. | 11 | | Section 905. The Adult Protective Services Act is amended | 12 | | by changing Section 2 as follows:
| 13 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 14 | | Sec. 2. Definitions. As used in this Act, unless the | 15 | | context
requires otherwise:
| 16 | | (a) "Abuse" means causing any physical, mental or sexual | 17 | | injury to an
eligible adult, including exploitation of such | 18 | | adult's financial resources.
| 19 | | Nothing in this Act shall be construed to mean that an | 20 | | eligible adult is a
victim of abuse, neglect, or self-neglect | 21 | | for the sole reason that he or she is being
furnished with or | 22 | | relies upon treatment by spiritual means through prayer
alone, |
| | | 10100HB2710ham001 | - 37 - | LRB101 07779 SPS 64942 a |
|
| 1 | | in accordance with the tenets and practices of a recognized | 2 | | church
or religious denomination.
| 3 | | Nothing in this Act shall be construed to mean that an | 4 | | eligible adult is a
victim of abuse because of health care | 5 | | services provided or not provided by
licensed health care | 6 | | professionals.
| 7 | | (a-5) "Abuser" means a person who abuses, neglects, or | 8 | | financially
exploits an eligible adult.
| 9 | | (a-6) "Adult with disabilities" means a person aged 18 | 10 | | through 59 who resides in a domestic living situation and whose | 11 | | disability as defined in subsection (c-5) impairs his or her | 12 | | ability to seek or obtain protection from abuse, neglect, or | 13 | | exploitation. | 14 | | (a-7) "Caregiver" means a person who either as a result of | 15 | | a family
relationship, voluntarily, or in exchange for | 16 | | compensation has assumed
responsibility for all or a portion of | 17 | | the care of an eligible adult who needs
assistance with | 18 | | activities of daily
living or instrumental activities of daily | 19 | | living.
| 20 | | (b) "Department" means the Department on Aging of the State | 21 | | of Illinois.
| 22 | | (c) "Director" means the Director of the Department.
| 23 | | (c-5) "Disability" means a physical or mental disability, | 24 | | including, but not limited to, a developmental disability, an | 25 | | intellectual disability, a mental illness as defined under the | 26 | | Mental Health and Developmental Disabilities Code, or dementia |
| | | 10100HB2710ham001 | - 38 - | LRB101 07779 SPS 64942 a |
|
| 1 | | as defined under the Alzheimer's Disease Assistance Act. | 2 | | (d) "Domestic living situation" means a residence where the | 3 | | eligible
adult at the time of the report lives alone or with | 4 | | his or her family or a caregiver, or others,
or other | 5 | | community-based unlicensed facility, but
is not:
| 6 | | (1) A licensed facility as defined in Section 1-113 of | 7 | | the Nursing Home
Care Act;
| 8 | | (1.5) A facility licensed under the ID/DD Community | 9 | | Care Act; | 10 | | (1.6) A facility licensed under the MC/DD Act; | 11 | | (1.7) A facility licensed under the Specialized Mental | 12 | | Health Rehabilitation Act of 2013; | 13 | | (2) A "life care facility" as defined in the Life Care | 14 | | Facilities Act;
| 15 | | (3) A home, institution, or other place operated by the | 16 | | federal
government or agency thereof or by the State of | 17 | | Illinois;
| 18 | | (4) A hospital, sanitarium, or other institution, the | 19 | | principal activity
or business of which is the diagnosis, | 20 | | care, and treatment of human illness
through the | 21 | | maintenance and operation of organized facilities | 22 | | therefor,
which is required to be licensed under the | 23 | | Hospital Licensing Act;
| 24 | | (5) A "community living facility" as defined in the | 25 | | Community Living
Facilities Licensing Act;
| 26 | | (6) (Blank);
|
| | | 10100HB2710ham001 | - 39 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (7) A "community-integrated living arrangement" as | 2 | | defined in
the Community-Integrated Living Arrangements | 3 | | Licensure and Certification Act or a "community | 4 | | residential alternative" as licensed under that Act;
| 5 | | (8) An assisted living or shared housing establishment | 6 | | as defined in the Assisted Living and Shared Housing Act; | 7 | | or
| 8 | | (9) A supportive living facility as described in | 9 | | Section 5-5.01a of the Illinois Public Aid Code.
| 10 | | (e) "Eligible adult" means either an adult with | 11 | | disabilities aged 18 through 59 or a person aged 60 or older | 12 | | who
resides in a domestic living situation and is, or is | 13 | | alleged
to be, abused, neglected, or financially exploited by | 14 | | another individual or who neglects himself or herself. | 15 | | "Eligible adult" also includes an adult who resides in any of | 16 | | the facilities that are excluded from the definition of | 17 | | "domestic living situation" under paragraphs (1) through (9) of | 18 | | subsection (d), if either: (i) the alleged abuse or neglect | 19 | | occurs outside of the facility and not under facility | 20 | | supervision and the alleged abuser is a family member, | 21 | | caregiver, or another person who has a continuing relationship | 22 | | with the adult; or (ii) the alleged financial exploitation is | 23 | | perpetrated by a family member, caregiver, or another person | 24 | | who has a continuing relationship with the adult, but who is | 25 | | not an employee of the facility where the adult resides.
| 26 | | (f) "Emergency" means a situation in which an eligible |
| | | 10100HB2710ham001 | - 40 - | LRB101 07779 SPS 64942 a |
|
| 1 | | adult is living
in conditions presenting a risk of death or | 2 | | physical, mental or sexual
injury and the provider agency has | 3 | | reason to believe the eligible adult is
unable to
consent to | 4 | | services which would alleviate that risk.
| 5 | | (f-1) "Financial exploitation" means the use of an eligible | 6 | | adult's resources by another to the disadvantage of that adult | 7 | | or the profit or advantage of a person other than that adult. | 8 | | (f-5) "Mandated reporter" means any of the following | 9 | | persons
while engaged in carrying out their professional | 10 | | duties:
| 11 | | (1) a professional or professional's delegate while | 12 | | engaged in: (i) social
services, (ii) law enforcement, | 13 | | (iii) education, (iv) the care of an eligible
adult or | 14 | | eligible adults, or (v) any of the occupations required to | 15 | | be licensed
under
the Behavior Analyst Licensing Act, the | 16 | | Clinical Psychologist Licensing Act, the Clinical Social | 17 | | Work and Social
Work Practice Act, the Illinois Dental | 18 | | Practice Act, the Dietitian Nutritionist Practice Act, the | 19 | | Marriage and Family Therapy Licensing Act, the
Medical | 20 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 21 | | Nurse Practice Act, the Nursing Home
Administrators | 22 | | Licensing and
Disciplinary Act, the Illinois Occupational | 23 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 24 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical | 25 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 26 | | the Podiatric Medical Practice Act of 1987, the Respiratory |
| | | 10100HB2710ham001 | - 41 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Care Practice
Act,
the Professional Counselor and
Clinical | 2 | | Professional Counselor Licensing and Practice Act, the | 3 | | Illinois Speech-Language
Pathology and Audiology Practice | 4 | | Act, the Veterinary Medicine and Surgery
Practice Act of | 5 | | 2004, and the Illinois Public Accounting Act;
| 6 | | (1.5) an employee of an entity providing developmental | 7 | | disabilities services or service coordination funded by | 8 | | the Department of Human Services; | 9 | | (2) an employee of a vocational rehabilitation | 10 | | facility prescribed or
supervised by the Department of | 11 | | Human Services;
| 12 | | (3) an administrator, employee, or person providing | 13 | | services in or through
an unlicensed community based | 14 | | facility;
| 15 | | (4) any religious practitioner who provides treatment | 16 | | by prayer or spiritual means alone in accordance with the | 17 | | tenets and practices of a recognized church or religious | 18 | | denomination, except as to information received in any | 19 | | confession or sacred communication enjoined by the | 20 | | discipline of the religious denomination to be held | 21 | | confidential;
| 22 | | (5) field personnel of the Department of Healthcare and | 23 | | Family Services, Department of Public
Health, and | 24 | | Department of Human Services, and any county or
municipal | 25 | | health department;
| 26 | | (6) personnel of the Department of Human Services, the |
| | | 10100HB2710ham001 | - 42 - | LRB101 07779 SPS 64942 a |
|
| 1 | | Guardianship and
Advocacy Commission, the State Fire | 2 | | Marshal, local fire departments, the
Department on Aging | 3 | | and its subsidiary Area Agencies on Aging and provider
| 4 | | agencies, and the Office of State Long Term Care Ombudsman;
| 5 | | (7) any employee of the State of Illinois not otherwise | 6 | | specified herein
who is involved in providing services to | 7 | | eligible adults, including
professionals providing medical | 8 | | or rehabilitation services and all
other persons having | 9 | | direct contact with eligible adults;
| 10 | | (8) a person who performs the duties of a coroner
or | 11 | | medical examiner; or
| 12 | | (9) a person who performs the duties of a paramedic or | 13 | | an emergency
medical
technician.
| 14 | | (g) "Neglect" means
another individual's failure to | 15 | | provide an eligible
adult with or willful withholding from an | 16 | | eligible adult the necessities of
life including, but not | 17 | | limited to, food, clothing, shelter or health care.
This | 18 | | subsection does not create any new affirmative duty to provide | 19 | | support to
eligible adults. Nothing in this Act shall be | 20 | | construed to mean that an
eligible adult is a victim of neglect | 21 | | because of health care services provided
or not provided by | 22 | | licensed health care professionals.
| 23 | | (h) "Provider agency" means any public or nonprofit agency | 24 | | in a planning
and service area that is selected by the | 25 | | Department or appointed by the regional administrative agency | 26 | | with prior
approval by the Department on Aging to receive and |
| | | 10100HB2710ham001 | - 43 - | LRB101 07779 SPS 64942 a |
|
| 1 | | assess reports of
alleged or suspected abuse, neglect, or | 2 | | financial exploitation. A provider agency is also referenced as | 3 | | a "designated agency" in this Act.
| 4 | | (i) "Regional administrative agency" means any public or | 5 | | nonprofit
agency in a planning and service area that provides | 6 | | regional oversight and performs functions as set forth in | 7 | | subsection (b) of Section 3 of this Act. The Department shall | 8 | | designate an Area Agency on Aging as the regional | 9 | | administrative agency or, in the event the Area Agency on Aging | 10 | | in that planning and service area is deemed by the Department | 11 | | to be unwilling or unable to provide those functions, the | 12 | | Department may serve as the regional administrative agency or | 13 | | designate another qualified entity to serve as the regional | 14 | | administrative agency; any such designation shall be subject to | 15 | | terms set forth by the Department.
| 16 | | (i-5) "Self-neglect" means a condition that is the result | 17 | | of an eligible adult's inability, due to physical or mental | 18 | | impairments, or both, or a diminished capacity, to perform | 19 | | essential self-care tasks that substantially threaten his or | 20 | | her own health, including: providing essential food, clothing, | 21 | | shelter, and health care; and obtaining goods and services | 22 | | necessary to maintain physical health, mental health, | 23 | | emotional well-being, and general safety. The term includes | 24 | | compulsive hoarding, which is characterized by the acquisition | 25 | | and retention of large quantities of items and materials that | 26 | | produce an extensively cluttered living space, which |
| | | 10100HB2710ham001 | - 44 - | LRB101 07779 SPS 64942 a |
|
| 1 | | significantly impairs the performance of essential self-care | 2 | | tasks or otherwise substantially threatens life or safety.
| 3 | | (j) "Substantiated case" means a reported case of alleged | 4 | | or suspected
abuse, neglect, financial exploitation, or | 5 | | self-neglect in which a provider agency,
after assessment, | 6 | | determines that there is reason to believe abuse,
neglect, or | 7 | | financial exploitation has occurred.
| 8 | | (k) "Verified" means a determination that there is "clear | 9 | | and convincing evidence" that the specific injury or harm | 10 | | alleged was the result of abuse, neglect, or financial | 11 | | exploitation. | 12 | | (Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19 .) | 13 | | Section 910. The Abused and Neglected Child Reporting Act | 14 | | is amended by changing Section 4 as follows:
| 15 | | (325 ILCS 5/4)
| 16 | | Sec. 4. Persons required to report; privileged | 17 | | communications;
transmitting false report. | 18 | | (a) The following persons are required to immediately | 19 | | report to the Department when they have reasonable cause to | 20 | | believe that a child known to them in their professional or | 21 | | official capacities may be an abused child or a neglected | 22 | | child: | 23 | | (1) Medical personnel, including any: physician | 24 | | licensed to practice medicine in any of its branches |
| | | 10100HB2710ham001 | - 45 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (medical doctor or doctor of osteopathy); resident; | 2 | | intern; medical administrator or personnel engaged in the | 3 | | examination, care, and treatment of persons; psychiatrist; | 4 | | surgeon; dentist; dental hygienist; chiropractic | 5 | | physician; podiatric physician; physician assistant; | 6 | | emergency medical technician; acupuncturist; registered | 7 | | nurse; licensed practical nurse; advanced practice | 8 | | registered nurse; genetic counselor; respiratory care | 9 | | practitioner; home health aide; or certified nursing | 10 | | assistant. | 11 | | (2) Social services and mental health personnel, | 12 | | including any: licensed professional counselor; licensed | 13 | | clinical professional counselor; licensed social worker; | 14 | | licensed clinical social worker; licensed psychologist or | 15 | | assistant working under the direct supervision of a | 16 | | psychologist; associate licensed marriage and family | 17 | | therapist; licensed marriage and family therapist; field | 18 | | personnel of the Departments of Healthcare and Family | 19 | | Services, Public Health, Human Services, Human Rights, or | 20 | | Children and Family Services; supervisor or administrator | 21 | | of the General Assistance program established under | 22 | | Article VI of the Illinois Public Aid Code; social services | 23 | | administrator; or substance abuse treatment personnel. | 24 | | (3) Crisis intervention personnel, including any: | 25 | | crisis line or hotline personnel; or domestic violence | 26 | | program personnel. |
| | | 10100HB2710ham001 | - 46 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (4)
Education personnel, including any: school | 2 | | personnel (including administrators and certified and | 3 | | non-certified school employees); personnel of institutions | 4 | | of higher education; educational advocate assigned to a | 5 | | child in accordance with the School Code; member of a | 6 | | school board or the Chicago Board of Education or the | 7 | | governing body of a private school (but only to the extent | 8 | | required under subsection (d)); or truant officer. | 9 | | (5)
Recreation or athletic program or facility | 10 | | personnel. | 11 | | (6)
Child care personnel, including any: early | 12 | | intervention provider as defined in the Early Intervention | 13 | | Services System Act; director or staff assistant of a | 14 | | nursery school or a child day care center; or foster | 15 | | parent, homemaker, or child care worker. | 16 | | (7)
Law enforcement personnel, including any: law | 17 | | enforcement officer; field personnel of the Department of | 18 | | Juvenile Justice; field personnel of the Department of | 19 | | Corrections; probation officer; or animal control officer | 20 | | or field investigator of the Department of Agriculture's | 21 | | Bureau of Animal Health and Welfare. | 22 | | (8)
Any funeral home director; funeral home director | 23 | | and embalmer; funeral home employee; coroner; or medical | 24 | | examiner. | 25 | | (9)
Any member of the clergy. | 26 | | (10) Any physician, physician assistant, registered |
| | | 10100HB2710ham001 | - 47 - | LRB101 07779 SPS 64942 a |
|
| 1 | | nurse, licensed practical nurse, medical technician, | 2 | | certified nursing assistant, licensed social worker, | 3 | | licensed clinical social worker, licensed behavior | 4 | | analyst, licensed assistant behavior analyst, or licensed | 5 | | professional counselor of any office, clinic, or any other | 6 | | physical location that provides abortions, abortion | 7 | | referrals, or contraceptives. | 8 | | (b) When 2 or more persons who work within the same | 9 | | workplace and are required to report under this Act share a | 10 | | reasonable cause to believe that a child may be an abused or | 11 | | neglected child, one of those reporters may be designated to | 12 | | make a single report. The report shall include the names and | 13 | | contact information for the other mandated reporters sharing | 14 | | the reasonable cause to believe that a child may be an abused | 15 | | or neglected child. The designated reporter must provide | 16 | | written confirmation of the report to those mandated reporters | 17 | | within 48 hours. If confirmation is not provided, those | 18 | | mandated reporters are individually responsible for | 19 | | immediately ensuring a report is made. Nothing in this Section | 20 | | precludes or may be used to preclude any person from reporting | 21 | | child abuse or child neglect. | 22 | | (c)(1) As used in this Section, "a child known to them in | 23 | | their professional or official capacities" means: | 24 | | (A) the mandated reporter comes into contact with the | 25 | | child in the course of the reporter's employment or | 26 | | practice of a profession, or through a regularly scheduled |
| | | 10100HB2710ham001 | - 48 - | LRB101 07779 SPS 64942 a |
|
| 1 | | program, activity, or service; | 2 | | (B) the mandated reporter is affiliated with an agency, | 3 | | institution, organization, school, school district, | 4 | | regularly established church or religious organization, or | 5 | | other entity that is directly responsible for the care, | 6 | | supervision, guidance, or training of the child; or | 7 | | (C) a person makes a specific disclosure to the | 8 | | mandated reporter that an identifiable child is the victim | 9 | | of child abuse or child neglect, and the disclosure happens | 10 | | while the mandated reporter is engaged in his or her | 11 | | employment or practice of a profession, or in a regularly | 12 | | scheduled program, activity, or service. | 13 | | (2) Nothing in this Section requires a child to come before | 14 | | the mandated reporter in order for the reporter to make a | 15 | | report of suspected child abuse or child neglect.
| 16 | | (d) If an allegation is raised to a school board member | 17 | | during the course of an open or closed school board meeting | 18 | | that a child who is enrolled in the school district of which he | 19 | | or she is a board member is an abused child as defined in | 20 | | Section 3 of this Act, the member shall direct or cause the | 21 | | school board to direct the superintendent of the school | 22 | | district or other equivalent school administrator to comply | 23 | | with the requirements of this Act concerning the reporting of | 24 | | child abuse. For purposes of this paragraph, a school board | 25 | | member is granted the authority in his or her individual | 26 | | capacity to direct the superintendent of the school district or |
| | | 10100HB2710ham001 | - 49 - | LRB101 07779 SPS 64942 a |
|
| 1 | | other equivalent school administrator to comply with the | 2 | | requirements of this Act concerning the reporting of child | 3 | | abuse.
| 4 | | Notwithstanding any other provision of this Act, if an | 5 | | employee of a school district has made a report or caused a | 6 | | report to be made to the Department under this Act involving | 7 | | the conduct of a current or former employee of the school | 8 | | district and a request is made by another school district for | 9 | | the provision of information concerning the job performance or | 10 | | qualifications of the current or former employee because he or | 11 | | she is an applicant for employment with the requesting school | 12 | | district, the general superintendent of the school district to | 13 | | which the request is being made must disclose to the requesting | 14 | | school district the fact that an employee of the school | 15 | | district has made a report involving the conduct of the | 16 | | applicant or caused a report to be made to the Department, as | 17 | | required under this Act. Only the fact that an employee of the | 18 | | school district has made a report involving the conduct of the | 19 | | applicant or caused a report to be made to the Department may | 20 | | be disclosed by the general superintendent of the school | 21 | | district to which the request for information concerning the | 22 | | applicant is made, and this fact may be disclosed only in cases | 23 | | where the employee and the general superintendent have not been | 24 | | informed by the Department that the allegations were unfounded. | 25 | | An employee of a school district who is or has been the subject | 26 | | of a report made pursuant to this Act during his or her |
| | | 10100HB2710ham001 | - 50 - | LRB101 07779 SPS 64942 a |
|
| 1 | | employment with the school district must be informed by that | 2 | | school district that if he or she applies for employment with | 3 | | another school district, the general superintendent of the | 4 | | former school district, upon the request of the school district | 5 | | to which the employee applies, shall notify that requesting | 6 | | school district that the employee is or was the subject of such | 7 | | a report.
| 8 | | (e) Whenever
such person is required to report under this | 9 | | Act in his capacity as a member of
the staff of a medical or | 10 | | other public or private institution, school, facility
or | 11 | | agency, or as a member of the clergy, he shall
make report | 12 | | immediately to the Department in accordance
with the provisions | 13 | | of this Act and may also notify the person in charge of
such | 14 | | institution, school, facility or agency, or church, synagogue, | 15 | | temple,
mosque, or other religious institution, or his
| 16 | | designated agent that such
report has been made. Under no | 17 | | circumstances shall any person in charge of
such institution, | 18 | | school, facility or agency, or church, synagogue, temple,
| 19 | | mosque, or other religious institution, or his
designated agent | 20 | | to whom
such notification has been made, exercise any control, | 21 | | restraint, modification
or other change in the report or the | 22 | | forwarding of such report to the
Department.
| 23 | | (f) In addition to the persons required to report suspected | 24 | | cases of child abuse or child neglect under this Section, any | 25 | | other person may make a report if such person has reasonable | 26 | | cause to believe a child may be an abused child or a neglected |
| | | 10100HB2710ham001 | - 51 - | LRB101 07779 SPS 64942 a |
|
| 1 | | child. | 2 | | (g) The privileged quality of communication between any | 3 | | professional
person required to report
and his patient or | 4 | | client shall not apply to situations involving abused or
| 5 | | neglected children and shall not constitute grounds for failure | 6 | | to report
as required by this Act or constitute grounds for | 7 | | failure to share information or documents with the Department | 8 | | during the course of a child abuse or neglect investigation. If | 9 | | requested by the professional, the Department shall confirm in | 10 | | writing that the information or documents disclosed by the | 11 | | professional were gathered in the course of a child abuse or | 12 | | neglect investigation.
| 13 | | The reporting requirements of this Act shall not apply to | 14 | | the contents of a privileged communication between an attorney | 15 | | and his or her client or to confidential information within the | 16 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 17 | | Conduct relating to the legal representation of an individual | 18 | | client. | 19 | | A member of the clergy may claim the privilege under | 20 | | Section 8-803 of the
Code of Civil Procedure.
| 21 | | (h) Any office, clinic, or any other physical location that | 22 | | provides abortions, abortion referrals, or contraceptives | 23 | | shall provide to all office personnel copies of written | 24 | | information and training materials about abuse and neglect and | 25 | | the requirements of this Act that are provided to employees of | 26 | | the office, clinic, or physical location who are required to |
| | | 10100HB2710ham001 | - 52 - | LRB101 07779 SPS 64942 a |
|
| 1 | | make reports to the Department under this Act, and instruct | 2 | | such office personnel to bring to the attention of an employee | 3 | | of the office, clinic, or physical location who is required to | 4 | | make reports to the Department under this Act any reasonable | 5 | | suspicion that a child known to him or her in his or her | 6 | | professional or official capacity may be an abused child or a | 7 | | neglected child.
| 8 | | (i) Any person who enters into
employment on and after July | 9 | | 1, 1986 and is mandated by virtue of that
employment to report | 10 | | under this Act, shall sign a statement on a form
prescribed by | 11 | | the Department, to the effect that the employee has knowledge
| 12 | | and understanding of the reporting requirements of this Act. On | 13 | | and after January 1, 2019, the statement
shall also include | 14 | | information about available mandated reporter training | 15 | | provided by the Department. The statement
shall be signed prior | 16 | | to commencement of the employment. The signed
statement shall | 17 | | be retained by the employer. The cost of printing,
| 18 | | distribution, and filing of the statement shall be borne by the | 19 | | employer.
| 20 | | (j) Persons required to report child abuse or child neglect | 21 | | as provided under this Section must complete an initial | 22 | | mandated reporter training within 3 months of their date of | 23 | | engagement in a professional or official capacity as a mandated | 24 | | reporter, or within the time frame of any other applicable | 25 | | State law that governs training requirements for a specific | 26 | | profession, and at least every 3 years thereafter. The initial |
| | | 10100HB2710ham001 | - 53 - | LRB101 07779 SPS 64942 a |
|
| 1 | | requirement only applies to the first time they engage in their | 2 | | professional or official capacity. In lieu of training every 3 | 3 | | years, medical personnel, as listed in paragraph (1) of | 4 | | subsection (a), must meet the requirements described in | 5 | | subsection (k). | 6 | | The trainings shall be in-person or web-based, and shall | 7 | | include, at a minimum, information on the following topics: (i) | 8 | | indicators for recognizing child abuse and child neglect, as | 9 | | defined under this Act; (ii) the process for reporting | 10 | | suspected child abuse and child neglect in Illinois as required | 11 | | by this Act and the required documentation; (iii) responding to | 12 | | a child in a trauma-informed manner; and (iv) understanding the | 13 | | response of child protective services and the role of the | 14 | | reporter after a call has been made. Child-serving | 15 | | organizations are encouraged to provide in-person annual | 16 | | trainings. | 17 | | The mandated reporter training shall be provided through | 18 | | the Department, through an entity authorized to provide | 19 | | continuing education for professionals licensed through the | 20 | | Department of Financial and Professional Regulation, the State | 21 | | Board of Education, the Illinois Law Enforcement Training | 22 | | Standards Board, or the Department of State Police, or through | 23 | | an organization approved by the Department to provide mandated | 24 | | reporter training. The Department must make available a free | 25 | | web-based training for reporters. | 26 | | Each mandated reporter shall report to his or her employer |
| | | 10100HB2710ham001 | - 54 - | LRB101 07779 SPS 64942 a |
|
| 1 | | and, when applicable, to his or her licensing or certification | 2 | | board that he or she received the mandated reporter training. | 3 | | The mandated reporter shall maintain records of completion. | 4 | | Beginning January 1, 2021, if a mandated reporter receives | 5 | | licensure from the Department of Financial and Professional | 6 | | Regulation or the State Board of Education, and his or her | 7 | | profession has continuing education requirements, the training | 8 | | mandated under this Section shall count toward meeting the | 9 | | licensee's required continuing education hours. | 10 | | (k)(1) Medical personnel, as listed in paragraph (1) of | 11 | | subsection (a), who work with children in their professional or | 12 | | official capacity, must complete mandated reporter training at | 13 | | least every 6 years. Such medical personnel, if licensed, must | 14 | | attest at each time of licensure renewal on their renewal form | 15 | | that they understand they are a mandated reporter of child | 16 | | abuse and neglect, that they are aware of the process for | 17 | | making a report, that they know how to respond to a child in a | 18 | | trauma-informed manner, and that they are aware of the role of | 19 | | child protective services and the role of a reporter after a | 20 | | call has been made. | 21 | | (2) In lieu of repeated training, medical personnel, as | 22 | | listed in paragraph (1) of subsection (a), who do not work with | 23 | | children in their professional or official capacity, may | 24 | | instead attest each time at licensure renewal on their renewal | 25 | | form that they understand they are a mandated reporter of child | 26 | | abuse and neglect, that they are aware of the process for |
| | | 10100HB2710ham001 | - 55 - | LRB101 07779 SPS 64942 a |
|
| 1 | | making a report, that they know how to respond to a child in a | 2 | | trauma-informed manner, and that they are aware of the role of | 3 | | child protective services and the role of a reporter after a | 4 | | call has been made. Nothing in this paragraph precludes medical | 5 | | personnel from completing mandated reporter training and | 6 | | receiving continuing education credits for that training. | 7 | | (l) The Department shall provide copies of this Act, upon | 8 | | request, to all
employers employing persons who shall be | 9 | | required under the provisions of
this Section to report under | 10 | | this Act.
| 11 | | (m) Any person who knowingly transmits a false report to | 12 | | the Department
commits the offense of disorderly conduct under | 13 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 14 | | A violation of this provision is a Class 4 felony.
| 15 | | Any person who knowingly and willfully violates any | 16 | | provision of this
Section other than a second or subsequent | 17 | | violation of transmitting a
false report as described in the
| 18 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 19 | | first violation and a Class
4 felony for a
second or subsequent | 20 | | violation; except that if the person acted as part
of a plan or | 21 | | scheme having as its object the
prevention of discovery of an | 22 | | abused or neglected child by lawful authorities
for the
purpose | 23 | | of protecting or insulating any person or entity from arrest or
| 24 | | prosecution, the
person is guilty of a Class 4 felony for a | 25 | | first offense and a Class 3 felony
for a second or
subsequent | 26 | | offense (regardless of whether the second or subsequent offense
|
| | | 10100HB2710ham001 | - 56 - | LRB101 07779 SPS 64942 a |
|
| 1 | | involves any
of the same facts or persons as the first or other | 2 | | prior offense).
| 3 | | (n) A child whose parent, guardian or custodian in good | 4 | | faith selects and depends
upon spiritual means through prayer | 5 | | alone for the treatment or cure of
disease or remedial care may | 6 | | be considered neglected or abused, but not for
the sole reason | 7 | | that his parent, guardian or custodian accepts and
practices | 8 | | such beliefs.
| 9 | | (o) A child shall not be considered neglected or abused | 10 | | solely because the
child is not attending school in accordance | 11 | | with the requirements of
Article 26 of the School Code, as | 12 | | amended.
| 13 | | (p) Nothing in this Act prohibits a mandated reporter who | 14 | | reasonably believes that an animal is being abused or neglected | 15 | | in violation of the Humane Care for Animals Act from reporting | 16 | | animal abuse or neglect to the Department of Agriculture's | 17 | | Bureau of Animal Health and Welfare. | 18 | | (q) A home rule unit may not regulate the reporting of | 19 | | child abuse or neglect in a manner inconsistent with the | 20 | | provisions of this Section. This Section is a limitation under | 21 | | subsection (i) of Section 6 of Article VII of the Illinois | 22 | | Constitution on the concurrent exercise by home rule units of | 23 | | powers and functions exercised by the State. | 24 | | (r) For purposes of this Section "child abuse or neglect" | 25 | | includes abuse or neglect of an adult resident as defined in | 26 | | this Act. |
| | | 10100HB2710ham001 | - 57 - | LRB101 07779 SPS 64942 a |
|
| 1 | | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19; | 2 | | 101-564, eff. 1-1-20 .)
| 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.".
|
|