Full Text of HB5344 103rd General Assembly
HB5344enr 103RD GENERAL ASSEMBLY | | | HB5344 Enrolled | | LRB103 38353 RTM 68488 b |
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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 5. The Behavior Analyst Licensing Act is amended | 5 | | by changing Section 20 and 150 as follows: | 6 | | (225 ILCS 6/20) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 20. License required; exemptions. | 9 | | (a) Beginning 10 months after the adoption of the rules | 10 | | required under subsection (b) of Section 80 30 months after | 11 | | the effective date of this Act , an individual shall not engage | 12 | | in the practice of applied behavior analysis unless licensed | 13 | | under this Act or covered by an exemption under subsection | 14 | | (c). | 15 | | (a-5) An individual licensed under this Act as an | 16 | | assistant behavior analyst shall not engage in the practice of | 17 | | applied behavior analysis unless supervised by a licensed | 18 | | clinical psychologist or licensed behavior analyst. | 19 | | (b) Beginning 10 months after the adoption of the rules | 20 | | required under subsection (b) of Section 80 30 months after | 21 | | the effective date of this Act , an individual shall not use the | 22 | | title "licensed behavior analyst", "L.B.A.", "licensed | 23 | | assistant behavior analyst", "L.A.B.A.", or similar words or |
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| 1 | | letters indicating the individual is licensed as a behavior | 2 | | analyst or assistant behavior analyst unless the individual is | 3 | | actually licensed under this Act. | 4 | | (c) This Act does not prohibit any of the following: | 5 | | (1) Self-care by a patient or uncompensated care by a | 6 | | friend or family member who does not represent or hold | 7 | | oneself out to be a behavior analyst or assistant behavior | 8 | | analyst. | 9 | | (2) An individual from implementing a behavior | 10 | | analytic treatment plan under the extended authority, | 11 | | direction, and supervision of a licensed behavior analyst | 12 | | or licensed assistant behavior analyst. | 13 | | (3) A clinical psychologist, social worker, | 14 | | psychiatric nurse, speech-language pathologist, | 15 | | audiologist, professional counselor, clinical | 16 | | professional counselor, clinical social worker, or | 17 | | marriage and family therapist from performing or | 18 | | advertising activities that are considered to be the | 19 | | practice of applied behavior analysis under this Act if | 20 | | the activities are consistent with the laws of this State, | 21 | | the individual's training, and any code of ethics of the | 22 | | individual's respective professions, so long as the | 23 | | individual does not use the titles provided in subsection | 24 | | (b). | 25 | | (4) An individual from performing activities that are | 26 | | considered to be the practice of applied behavior analysis |
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| 1 | | under this Act if the activities are with nonhumans, | 2 | | including applied animal behaviorists and animal trainers. | 3 | | The individual may use the title "behavior analyst" but | 4 | | shall not represent oneself as a licensed behavior analyst | 5 | | or licensed assistant behavior analyst unless the | 6 | | individual holds a license issued by the State. | 7 | | (5) An individual who provides general applied | 8 | | behavior analysis services to organizations, so long as | 9 | | the services are for the benefit of the organizations and | 10 | | do not involve direct services to individuals. The | 11 | | individual may use the title "behavior analyst" but may | 12 | | not represent oneself as a licensed behavior analyst or | 13 | | licensed assistant behavior analyst unless the individual | 14 | | holds a license issued by the State. | 15 | | (6) An individual who is a matriculated student at a | 16 | | nationally accredited university approved in rules or a | 17 | | postdoctoral fellow from performing activities that are | 18 | | considered to be the practice of applied behavior analysis | 19 | | under this Act if the activities are part of a defined | 20 | | program of study, course, practicum, internship, or | 21 | | postdoctoral fellowship, provided that the applied | 22 | | behavior analysis activities are directly supervised by a | 23 | | licensed behavior analyst under this Act or a licensed | 24 | | clinical psychologist. | 25 | | (7) An individual who is not licensed under this Act | 26 | | from pursuing field experience in the practice of behavior |
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| 1 | | analysis if the experience is supervised by a licensed | 2 | | behavior analyst or a licensed psychologist. | 3 | | (8) An individual with a learning behavior specialist | 4 | | or school support personnel endorsement from the State | 5 | | Board of Education, the school district in which the | 6 | | school is located, or a special education joint agreement | 7 | | serving the school district in which the school is located | 8 | | from delivering behavior analytic services in a school | 9 | | setting when employed by that school as long as those | 10 | | services are defined in the scope of practice for that | 11 | | endorsement and that person is not in any manner held out | 12 | | to the public as a licensed behavior analyst or licensed | 13 | | assistant behavior analyst. | 14 | | (9) A qualified intellectual disabilities | 15 | | professional, meeting the minimum federal education | 16 | | requirements outlined in 42 CFR 483.430, who is performing | 17 | | the duties required for individuals with intellectual or | 18 | | developmental disabilities in programs and facilities | 19 | | regulated by the federal Centers for Medicare and Medicaid | 20 | | Services, the Department of Human Services, or the | 21 | | Department of Public Health, so long as the individual | 22 | | does not use the titles provided in subsection (b). | 23 | | (10) A service provider, designated by the Department | 24 | | of Human Services, from providing behavior intervention | 25 | | and treatment, so long as the individual does not use the | 26 | | titles provided in subsection (b). |
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| 1 | | (d) This Act does not apply to an individual who, on the | 2 | | effective date of this Act, is engaging in the practice of | 3 | | applied behavior analysis under the medical assistance program | 4 | | under the Illinois Public Aid Code while that individual is | 5 | | seeking the education, training, and experience necessary to | 6 | | obtain a license under this Act. | 7 | | (e) No licensed behavior analyst or licensed assistant | 8 | | behavior analyst shall engage in the practice of | 9 | | speech-language pathology or the practice of audiology, as | 10 | | defined in the Illinois Speech-Language Pathology and | 11 | | Audiology Practice Act, unless licensed to do so under that | 12 | | Act. | 13 | | (Source: P.A. 102-953, eff. 5-27-22.) | 14 | | (225 ILCS 6/150) | 15 | | (Section scheduled to be repealed on January 1, 2028) | 16 | | Sec. 150. License restrictions and limitations. | 17 | | Notwithstanding the exclusion in paragraph (2) of subsection | 18 | | (c) of Section 20 that permits an individual to implement a | 19 | | behavior analytic treatment plan under the extended authority, | 20 | | direction, and supervision of a licensed behavior analyst or | 21 | | licensed assistant behavior analyst, beginning 24 months after | 22 | | the Department has commenced issuance of licenses under this | 23 | | Act, no business organization shall provide, attempt to | 24 | | provide, or offer to provide behavior analysis services unless | 25 | | every member, partner, shareholder, director, officer, holder |
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| 1 | | of any other ownership interest, agent, and employee who | 2 | | renders applied behavior analysis services holds a currently | 3 | | valid license issued under this Act. No business shall be | 4 | | created that (i) has a stated purpose that includes behavior | 5 | | analysis, or (ii) practices or holds itself out as available | 6 | | to practice behavior analysis therapy, unless it is organized | 7 | | under the Professional Service Corporation Act or Professional | 8 | | Limited Liability Company Act. Nothing in this Act shall | 9 | | preclude individuals licensed under this Act from practicing | 10 | | directly or indirectly for a physician licensed to practice | 11 | | medicine in all its branches under the Medical Practice Act of | 12 | | 1987 or for any legal entity as provided under subsection (c) | 13 | | of Section 22.2 of the Medical Practice Act of 1987. | 14 | | (Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.) | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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