Full Text of HB4769 102nd General Assembly
HB4769eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 9 | | interest. The purpose of this Act is to protect and benefit the | 10 | | public by setting standards of qualifications, education, | 11 | | training, and experience for those who seek to obtain a | 12 | | license and hold the title of "behavior analyst" or "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, and to protect the public | 16 | | from unprofessional conduct by persons licensed to practice | 17 | | applied behavior analysis. | 18 | | Section 10. Definitions. As used in this Act: | 19 | | "Applied behavior analysis" means the design, | 20 | | implementation, and evaluation of environmental modifications | 21 | | using behavioral stimuli and consequences to produce socially | 22 | | significant improvement in human behavior, including the use |
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| 1 | | of direct observation, measurement, and functional analysis of | 2 | | the relations between environment and behavior. "Applied | 3 | | behavior analysis" does not include: | 4 | | (1) the practice of medicine, the practice of | 5 | | osteopathic medicine and surgery, or medical diagnosis or | 6 | | treatment; | 7 | | (2) the practice of speech-language pathology; | 8 | | (3) the practice of physical therapy; | 9 | | (4) the practice of occupational therapy; | 10 | | (5) psychological testing, including standardized | 11 | | testing for intelligence or personality; | 12 | | (6) diagnosis of a mental or physical disorder; or | 13 | | (7) the practice of neuropsychology, psychotherapy, | 14 | | cognitive therapy, sex therapy, psychoanalysis, | 15 | | hypnotherapy, or counseling as treatment modalities. | 16 | | "Assistant behavior analyst" means an individual licensed | 17 | | under this Act to engage in practice as an assistant behavior | 18 | | analyst. | 19 | | "Behavior analyst" means an individual licensed under this | 20 | | Act to engage in the practice of applied behavior analysis. | 21 | | "Behavior technician" means a noncredentialed individual | 22 | | who delivers applied behavior analysis services under the | 23 | | delegation and supervision of a behavior analyst. | 24 | | "Behavioral health treatment" means evidence-based | 25 | | counseling and treatment programs, including applied behavior | 26 | | analysis, that are: (i) necessary to develop, maintain, or |
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| 1 | | restore, to the maximum extent practicable, the functioning of | 2 | | an individual; and (ii) provided or supervised by a | 3 | | board-certified behavior analyst or a licensed psychologist so | 4 | | long as the services performed are commensurate with the | 5 | | psychologist's formal university training and supervised | 6 | | experience. | 7 | | "Department" means the Department of Financial and | 8 | | Professional Regulation. | 9 | | "Practice as an assistant behavior analyst" means the | 10 | | practice of applied behavior analysis under the supervision of | 11 | | a behavior analyst. | 12 | | "Secretary" means the Secretary of Financial and | 13 | | Professional Regulation. | 14 | | "Sex offense" means an offense that would require an | 15 | | individual to be subject to registration under the Sex | 16 | | Offender Registration Act. | 17 | | Section 15. License required. | 18 | | (a) Beginning one year after the effective date of rules | 19 | | adopted by the Department to implement this Act, an individual | 20 | | shall not engage in the practice of applied behavior analysis | 21 | | or practice as an assistant behavior analyst unless licensed | 22 | | under this Act. | 23 | | (b) Beginning one year after the effective date of rules | 24 | | adopted by the Department to implement this Act, an individual | 25 | | shall not use the titles "behavior analyst", "B.A.", "licensed |
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| 1 | | behavior analyst", "L.B.A.", "assistant behavior analyst", | 2 | | "A.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", | 3 | | or similar words or letters that indicate that he or she is | 4 | | licensed as a behavior analyst or assistant behavior analyst | 5 | | unless the individual is licensed under this Act. | 6 | | (c) This Act does not prohibit any of the following: | 7 | | (1) Self-care by a patient or uncompensated care by a | 8 | | friend or family member who does not represent or hold | 9 | | himself or herself out to be a behavior analyst or | 10 | | assistant behavior analyst. | 11 | | (2) A behavior technician or a family member from | 12 | | implementing a plan under the extended authority, | 13 | | direction, and, if applicable, supervision of a behavior | 14 | | analyst. | 15 | | (3) An individual licensed under any other law of this | 16 | | State from performing activities that are considered to be | 17 | | the practice of applied behavior analysis under this Act | 18 | | if the activities are within the licensee's scope of | 19 | | practice and are commensurate with his or her education, | 20 | | training, and experience, so long as the individual does | 21 | | not use the titles provided in subsection (b) of this | 22 | | Section. | 23 | | (4) An individual from performing activities that are | 24 | | considered to be the practice of applied behavior analysis | 25 | | under this Act if the activities are with nonhuman or | 26 | | nonpatient clients or consumers, including, but not |
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| 1 | | limited to, applied animal behaviorists and practitioners | 2 | | of organizational behavior management. | 3 | | (5) An individual who is a matriculated student at a | 4 | | nationally accredited university approved in rules or who | 5 | | is a postdoctoral fellow from performing activities that | 6 | | are considered to be the practice of applied behavior | 7 | | analysis under this Act if the activities are part of a | 8 | | defined behavior analysis program of study or practicum | 9 | | approved by Department rule and if the student or fellow | 10 | | is directly supervised by an individual who is: (A) | 11 | | licensed as a behavior analyst under this Act; or (B) | 12 | | appointed as the instructor of a course sequence approved | 13 | | by the Behavior Analyst Certification Board or other | 14 | | certification board. | 15 | | (6) An individual who is not licensed under this Act | 16 | | from pursuing experience requirements for applied behavior | 17 | | analysis credentials if the experience is supervised by an | 18 | | individual who is licensed as a behavioral analyst. | 19 | | (d) This Act does not apply to an individual who, on the | 20 | | effective date of this Act, is engaging in the practice of | 21 | | applied behavior analysis under the medical assistance program | 22 | | under the Illinois Public Aid Code while that individual is | 23 | | seeking the education, training, and experience necessary to | 24 | | obtain a license under this Act and only while the individual | 25 | | is providing applied behavior analysis to children in the | 26 | | provision of home and community-based services. |
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| 1 | | (e) The Department may issue a provisional license to an | 2 | | applicant for a behavior analyst license or assistant behavior | 3 | | analyst license upon receipt of a complete application, | 4 | | submission of the required fee, and a showing of valid | 5 | | licensure as a behavior analyst or assistant behavior analyst | 6 | | in another state, only if the applicant has submitted | 7 | | fingerprints and has no disqualifying criminal history. | 8 | | (1) The Department shall, in accordance with rules | 9 | | adopted, issue a provisional behavior analyst license or a | 10 | | provisional assistant behavior analyst license upon | 11 | | receipt by the Department of a complete application, | 12 | | appropriate fee as set by the Department by rule, and | 13 | | proof of satisfaction of requirements under paragraphs (2) | 14 | | and (3) of this subsection, respectively, and other | 15 | | requirements established by the Department by rule, except | 16 | | that applicants for a provisional license as either a | 17 | | behavior analyst or assistant behavior analyst need not | 18 | | have passed an examination and been certified as a | 19 | | board-certified behavior analyst or a board-certified | 20 | | assistant behavior analyst to obtain a provisional | 21 | | behavior analyst or provisional assistant behavior analyst | 22 | | license. | 23 | | (2) A provisional license issued under this subsection | 24 | | shall only authorize and permit the licensee to render | 25 | | behavior analysis under the supervision and the full | 26 | | professional responsibility and control of such licensee's |
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| 1 | | licensed supervisor. | 2 | | (3) A provisional license shall automatically | 3 | | terminate upon issuance of a permanent license, upon a | 4 | | finding of cause to discipline after notice, upon | 5 | | termination of supervision by a licensed supervisor, or | 6 | | upon the expiration of one year from the date of issuance | 7 | | of the provisional license, whichever first occurs. The | 8 | | provisional license may be renewed after one year, with a | 9 | | maximum issuance of 2 years. Upon a showing of good cause, | 10 | | the Department, by rule, shall provide procedures for | 11 | | exceptions and variances from the requirement of a maximum | 12 | | issuance of 2 years. | 13 | | Section 20. Qualifications for licensure as a behavior | 14 | | analyst. The Department shall issue a license as a behavior | 15 | | analyst to an individual who, on or before the effective date | 16 | | of this Act, had the credentials as a certified behavior | 17 | | analyst conferred for applied behavior analysis by the | 18 | | Behavior Analyst Certification Board and who applies for | 19 | | licensure as a behavior analyst within one year after the | 20 | | effective date of the rules adopted by the Department to | 21 | | implement this Act. Each applicant for licensure as a behavior | 22 | | analyst shall have his or her fingerprints submitted to the | 23 | | Illinois State Police in the form and manner prescribed by the | 24 | | Illinois State Police. These fingerprints shall be | 25 | | electronically transmitted through a live scan fingerprint |
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| 1 | | vendor licensed by the Department. These fingerprints shall be | 2 | | checked against the Illinois State Police and the Federal | 3 | | Bureau of Investigation criminal history record information | 4 | | database now and hereafter filed. The Illinois State Police | 5 | | shall charge a fee for conducting the criminal history records | 6 | | check, which shall be deposited into the State Police Services | 7 | | Fund and shall not exceed the actual cost of the Illinois and | 8 | | national criminal history record check. The Illinois State | 9 | | Police shall furnish, pursuant to positive identification, | 10 | | records of all Illinois convictions to the Department. | 11 | | Section 25. Qualifications for licensure as an assistant | 12 | | behavior analyst. The Department shall issue a license as an | 13 | | assistant behavior analyst to an individual who, on or before | 14 | | the effective date of this Act, had the credentials as a | 15 | | certified assistant behavior analyst conferred for applied | 16 | | behavior analysis by the Behavior Analyst Certification Board | 17 | | and who applies for licensure as an assistant behavior analyst | 18 | | within one year after the effective date of the rules adopted | 19 | | by the Department to implement this Act. Each applicant for | 20 | | licensure as an assistant behavior analyst shall have his or | 21 | | her fingerprints submitted to the Illinois State Police in an | 22 | | electronic format that complies with the form and manner for | 23 | | requesting and furnishing criminal history record information | 24 | | as prescribed by the Illinois State Police. These fingerprints | 25 | | shall be transmitted through a live scan fingerprint vendor |
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| 1 | | licensed by the Department. These fingerprints shall be | 2 | | checked against the Illinois State Police and Federal Bureau | 3 | | of Investigation criminal history record databases now and | 4 | | hereafter filed, including, but not limited to, civil, | 5 | | criminal, and latent fingerprint databases. The Illinois State | 6 | | Police shall charge a fee for conducting the criminal history | 7 | | records check, which shall be deposited in the State Police | 8 | | Services Fund and shall not exceed the actual cost of the | 9 | | records check. The Illinois State Police shall furnish, | 10 | | pursuant to positive identification, records of Illinois | 11 | | convictions as prescribed under the Illinois Uniform | 12 | | Conviction Information Act and shall forward the national | 13 | | criminal history record information to the Department. | 14 | | Section 30. Board of Behavior Analysts. The Board of | 15 | | Behavior Analysts is created within the Department of | 16 | | Financial and Professional Regulation. The Board shall consist | 17 | | of the following members appointed by the Secretary: | 18 | | (1) 4 behavior analysts, 3 of whom provide clinical | 19 | | services; | 20 | | (2) one individual who is affiliated with a public | 21 | | university in this State as an instructor or researcher in | 22 | | applied behavior analysis; | 23 | | (3) one assistant behavior analyst; | 24 | | (4) one physician licensed to practice medicine in all | 25 | | its branches who works with patients with autism spectrum |
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| 1 | | disorders or brain injuries; and | 2 | | (5) 2 public members. | 3 | | The initial members of the Board who are behavior analysts | 4 | | must be certified as behavior analysts by the Behavior Analyst | 5 | | Certification Board and the initial member of the Board who is | 6 | | an assistant behavior analyst must be certified as an | 7 | | assistant behavior analyst by the Behavior Analyst | 8 | | Certification Board. Board members shall serve for a term of 4 | 9 | | years, except that, of the initial appointments, 3 members | 10 | | shall serve for a term of 2 years, 3 members shall serve for a | 11 | | term of 3 years, and 3 members shall serve for a term of 4 | 12 | | years. | 13 | | Section 35. Rules; minimum standards for licensure; | 14 | | renewal. Within one year after the effective date of this Act, | 15 | | the Department, in consultation with the Board of Behavior | 16 | | Analysts, shall adopt rules that establish the minimum | 17 | | standards for licensure as a behavior analyst and an assistant | 18 | | behavior analyst. For purposes of this Section, the Department | 19 | | may adopt in its rules the professional standards, in whole or | 20 | | in part, adopted by the Behavior Analyst Certification Board | 21 | | as its standards. Until rules are adopted under this Section, | 22 | | the Department shall use the standards adopted by the Behavior | 23 | | Analyst Certification Board that are in effect on the | 24 | | effective date of this Act. The Department shall include in | 25 | | its rules adopted under this Act that an application for a |
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| 1 | | license under this Act will be denied if the applicant's | 2 | | criminal history records check reveals that he or she was | 3 | | convicted of a sex offense and that a licensee's license will | 4 | | be permanently revoked if he or she is convicted of a sex | 5 | | offense while licensed under this Act. The Department may | 6 | | include in its rules adopted under this Act a requirement that | 7 | | a licensee seeking to renew his or her license must furnish | 8 | | evidence that he or she is current on his or her certification | 9 | | by the Behavior Analyst Certification Board. In addition, the | 10 | | Department may require by rule that an assistant behavior | 11 | | analyst furnish evidence that he or she is practicing under | 12 | | the supervision of a licensed behavior analyst. | 13 | | Section 40. Behavior technicians. An individual shall not | 14 | | act as a behavior technician in this State unless he or she has | 15 | | had a criminal history records check conducted by the | 16 | | Department and the criminal history records check does not | 17 | | reveal any criminal history record information for that | 18 | | individual. Each applicant for licensure as a behavior | 19 | | technician shall have his or her fingerprints submitted to the | 20 | | Illinois State Police in the form and manner prescribed by the | 21 | | Illinois State Police. These fingerprints shall be | 22 | | electronically transmitted through a live scan fingerprint | 23 | | vendor licensed by the Department. These fingerprints shall be | 24 | | checked against the Illinois State Police and the Federal | 25 | | Bureau of Investigation criminal history record information |
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| 1 | | database now and hereafter filed. The Illinois State Police | 2 | | shall charge a fee for conducting the criminal history records | 3 | | check, which shall be deposited into the State Police Services | 4 | | Fund and shall not exceed the actual cost of the Illinois and | 5 | | national criminal history record check. The Illinois State | 6 | | Police shall furnish, pursuant to positive identification, | 7 | | records of all Illinois convictions to the Department. A | 8 | | behavior technician shall not use the words, titles, or | 9 | | letters indicating that he or she is a behavior analyst or an | 10 | | assistant behavior analyst or that he or she is engaging in the | 11 | | practice of applied behavior analysis. A behavior technician | 12 | | shall use a title that indicates his or her noncredentialed | 13 | | status, including "Behavior Technician", "ABA Technician", or | 14 | | "Tutor". | 15 | | Section 90. The Illinois Public Aid Code is amended by | 16 | | changing Section 5-30.11 as follows: | 17 | | (305 ILCS 5/5-30.11) | 18 | | Sec. 5-30.11. Treatment of autism spectrum disorder. | 19 | | Treatment of autism spectrum disorder through applied behavior | 20 | | analysis shall be covered under the medical assistance program | 21 | | under this Article for children with a diagnosis of autism | 22 | | spectrum disorder when ordered by : (1) a physician licensed to | 23 | | practice medicine in all its branches and rendered by a | 24 | | licensed or certified health care professional with expertise |
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| 1 | | in applied behavior analysis ; or (2) a behavior analyst | 2 | | licensed by the Department of Financial and Professional | 3 | | Regulation to practice applied behavior analysis in the State | 4 | | of Illinois . Such coverage may be limited to age ranges based | 5 | | on evidence-based best practices. Appropriate State plan | 6 | | amendments as well as rules regarding provision of services | 7 | | and providers will be submitted by September 1, 2019.
| 8 | | (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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