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Public Act 103-0857 Public Act 0857 103RD GENERAL ASSEMBLY | Public Act 103-0857 | HB5344 Enrolled | LRB103 38353 RTM 68488 b |
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| AN ACT concerning regulation. | Be it enacted by the People of the State of Illinois, | represented in the General Assembly: | Section 5. The Behavior Analyst Licensing Act is amended | by changing Section 20 and 150 as follows: | (225 ILCS 6/20) | (Section scheduled to be repealed on January 1, 2028) | Sec. 20. License required; exemptions. | (a) Beginning 10 months after the adoption of the rules | required under subsection (b) of Section 80 30 months after | the effective date of this Act , an individual shall not engage | in the practice of applied behavior analysis unless licensed | under this Act or covered by an exemption under subsection | (c). | (a-5) An individual licensed under this Act as an | assistant behavior analyst shall not engage in the practice of | applied behavior analysis unless supervised by a licensed | clinical psychologist or licensed behavior analyst. | (b) Beginning 10 months after the adoption of the rules | required under subsection (b) of Section 80 30 months after | the effective date of this Act , an individual shall not use the | title "licensed behavior analyst", "L.B.A.", "licensed | assistant behavior analyst", "L.A.B.A.", or similar words or |
| letters indicating the individual is licensed as a behavior | analyst or assistant behavior analyst unless the individual is | actually licensed under this Act. | (c) This Act does not prohibit any of the following: | (1) Self-care by a patient or uncompensated care by a | friend or family member who does not represent or hold | oneself out to be a behavior analyst or assistant behavior | analyst. | (2) An individual from implementing a behavior | analytic treatment plan under the extended authority, | direction, and supervision of a licensed behavior analyst | or licensed assistant behavior analyst. | (3) A clinical psychologist, social worker, | psychiatric nurse, speech-language pathologist, | audiologist, professional counselor, clinical | professional counselor, clinical social worker, or | marriage and family therapist from performing or | advertising activities that are considered to be the | practice of applied behavior analysis under this Act if | the activities are consistent with the laws of this State, | the individual's training, and any code of ethics of the | individual's respective professions, so long as the | individual does not use the titles provided in subsection | (b). | (4) An individual from performing activities that are | considered to be the practice of applied behavior analysis |
| under this Act if the activities are with nonhumans, | including applied animal behaviorists and animal trainers. | The individual may use the title "behavior analyst" but | shall not represent oneself as a licensed behavior analyst | or licensed assistant behavior analyst unless the | individual holds a license issued by the State. | (5) An individual who provides general applied | behavior analysis services to organizations, so long as | the services are for the benefit of the organizations and | do not involve direct services to individuals. The | individual may use the title "behavior analyst" but may | not represent oneself as a licensed behavior analyst or | licensed assistant behavior analyst unless the individual | holds a license issued by the State. | (6) An individual who is a matriculated student at a | nationally accredited university approved in rules or a | postdoctoral fellow from performing activities that are | considered to be the practice of applied behavior analysis | under this Act if the activities are part of a defined | program of study, course, practicum, internship, or | postdoctoral fellowship, provided that the applied | behavior analysis activities are directly supervised by a | licensed behavior analyst under this Act or a licensed | clinical psychologist. | (7) An individual who is not licensed under this Act | from pursuing field experience in the practice of behavior |
| analysis if the experience is supervised by a licensed | behavior analyst or a licensed psychologist. | (8) An individual with a learning behavior specialist | or school support personnel endorsement from the State | Board of Education, the school district in which the | school is located, or a special education joint agreement | serving the school district in which the school is located | from delivering behavior analytic services in a school | setting when employed by that school as long as those | services are defined in the scope of practice for that | endorsement and that person is not in any manner held out | to the public as a licensed behavior analyst or licensed | assistant behavior analyst. | (9) A qualified intellectual disabilities | professional, meeting the minimum federal education | requirements outlined in 42 CFR 483.430, who is performing | the duties required for individuals with intellectual or | developmental disabilities in programs and facilities | regulated by the federal Centers for Medicare and Medicaid | Services, the Department of Human Services, or the | Department of Public Health, so long as the individual | does not use the titles provided in subsection (b). | (10) A service provider, designated by the Department | of Human Services, from providing behavior intervention | and treatment, so long as the individual does not use the | titles provided in subsection (b). |
| (d) This Act does not apply to an individual who, on the | effective date of this Act, is engaging in the practice of | applied behavior analysis under the medical assistance program | under the Illinois Public Aid Code while that individual is | seeking the education, training, and experience necessary to | obtain a license under this Act. | (e) No licensed behavior analyst or licensed assistant | behavior analyst shall engage in the practice of | speech-language pathology or the practice of audiology, as | defined in the Illinois Speech-Language Pathology and | Audiology Practice Act, unless licensed to do so under that | Act. | (Source: P.A. 102-953, eff. 5-27-22.) | (225 ILCS 6/150) | (Section scheduled to be repealed on January 1, 2028) | Sec. 150. License restrictions and limitations. | Notwithstanding the exclusion in paragraph (2) of subsection | (c) of Section 20 that permits an individual to implement a | behavior analytic treatment plan under the extended authority, | direction, and supervision of a licensed behavior analyst or | licensed assistant behavior analyst, beginning 24 months after | the Department has commenced issuance of licenses under this | Act, no business organization shall provide, attempt to | provide, or offer to provide behavior analysis services unless | every member, partner, shareholder, director, officer, holder |
| of any other ownership interest, agent, and employee who | renders applied behavior analysis services holds a currently | valid license issued under this Act. No business shall be | created that (i) has a stated purpose that includes behavior | analysis, or (ii) practices or holds itself out as available | to practice behavior analysis therapy, unless it is organized | under the Professional Service Corporation Act or Professional | Limited Liability Company Act. Nothing in this Act shall | preclude individuals licensed under this Act from practicing | directly or indirectly for a physician licensed to practice | medicine in all its branches under the Medical Practice Act of | 1987 or for any legal entity as provided under subsection (c) | of Section 22.2 of the Medical Practice Act of 1987. | (Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.) | Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/9/2024
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