Bill Text: IL HB2710 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts and assistant behavior analysts. Creates the Advisory Board of Behavior Analysts. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or nondisciplinary actions, and authorizing examinations. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2030. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 8-4)

Status: (Introduced) 2019-08-27 - Added Co-Sponsor Rep. La Shawn K. Ford [HB2710 Detail]

Download: Illinois-2019-HB2710-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2710

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.40 new

Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts and assistant behavior analysts. Creates the Advisory Board of Behavior Analysts. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or nondisciplinary actions, and authorizing examinations. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2030. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Behavior Analyst Licensing Act.
6 Section 5. Public policy. The practice of applied behavior
7analysis is declared to affect the public health, safety, and
8welfare and to be subject to regulation in the public interest.
9The purpose of this Act is to protect and benefit the public by
10setting standards of qualifications, education, training, and
11experience for those who seek to obtain a license and hold the
12title of "behavior analyst" or "assistant behavior analyst", to
13promote high standards of professional performance for those
14licensed to practice applied behavior analysis in the State of
15Illinois, to protect the public from the practice of applied
16behavior analysis by unqualified persons and from
17unprofessional conduct by persons licensed to practice applied
18behavior analysis.
19 Section 10. Definitions. As used in this Act:
20 "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department's

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1licensure maintenance unit.
2 "Board" means the Advisory Board of Behavior Analysts
3appointed by the Secretary.
4 "Certifying entity" means an entity certifying
5professional practitioners of behavior analysis and that is
6accredited by the National Commission for Certifying Agencies
7or the American National Standards Institute.
8 "Department" means the Department of Financial and
9Professional Regulation.
10 "Email address of record" means the designated email
11address recorded by the Department in the applicant's
12application file or the licensee's license file as maintained
13by the Department's licensure maintenance unit.
14 "Licensed assistant behavior analyst" means an individual
15licensed under this Act to engage in practice as an assistant
16behavior analyst under the supervision of a licensed behavior
17analyst.
18 "Licensed behavior analyst" means an individual licensed
19to engage in the practice of applied behavior analysis or a
20licensed clinical psychologist.
21 "Practice of behavior analysis" means the design,
22implementation, and evaluation of instructional and
23environmental modifications to produce socially significant
24improvement in human behavior. "Practice of behavior analysis"
25includes the empirical identification of functional relations
26between behavior environmental factors, known as functional

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1assessment and analysis. Applied behavior analysis
2interventions are based on scientific research and the direct
3observation and measurement of behavior and environment.
4Applied behavior analysis interventions utilize contextual
5factors, motivating operations, antecedent stimuli, positive
6reinforcement, and other procedures to help individuals
7develop new behaviors, increase or decrease existing
8behaviors, and elicit behaviors under specific environmental
9conditions. "Practice of behavior analysis" does not include:
10 (1) the practice of medicine, osteopathic medicine and
11 surgery, or medical diagnosis or treatment, as regulated by
12 the Medical Practice Act of 1987;
13 (2) the practice of nursing, as regulated by the Nurse
14 Practice Act;
15 (3) the practice of speech-language pathology, as
16 defined in the Illinois Speech-Language Pathology and
17 Audiology Practice Act;
18 (4) the practice of licensed clinical psychology, as
19 defined in the Clinical Psychologist Licensing Act;
20 (5) the practice of physical therapy, as defined in the
21 Illinois Physical Therapy Act;
22 (6) the practice of occupational therapy, as defined in
23 the Illinois Occupational Therapy Practice Act;
24 (7) psychological testing, including standardized
25 testing for intelligence or personality;
26 (8) diagnosis of a mental or physical disorder;

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1 (9) the practice of neuropsychology, psychotherapy,
2 cognitive therapy, sex therapy, psychoanalysis,
3 hypnotherapy, and counseling as treatment modalities;
4 (10) the practice of school social work, as provided in
5 Section 34-18.58 of the School Code;
6 (11) the practice of clinical social work or social
7 work, as regulated by the Clinical Social Work and Social
8 Work Practice Act;
9 (12) the practice of professional counseling, as
10 defined in the Professional Counselor and Clinical
11 Professional Counselor Licensing and Practice Act; or
12 (13) the practice of marriage and family therapy, as
13 defined in the Marriage and Family Therapy Licensing Act.
14 "Secretary" means the Secretary of Financial and
15Professional Regulation.
16 "Sexual offense" means an offense that would require an
17individual to be subject to registration under the Sex Offender
18Registration Act.
19 Section 15. Address of record; email address of record. All
20applicants 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

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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
6Act, an individual shall not engage in the practice of applied
7behavior analysis unless licensed under this Act or covered by
8an exemption under subsection (c).
9 (a-5) An individual licensed under this Act as an assistant
10behavior analyst shall not engage in the practice of applied
11behavior analysis unless supervised in accordance with rules
12adopted by the certifying entity or supervised by a licensed
13clinical psychologist.
14 (b) Beginning 24 months after the effective date of this
15Act, an individual shall not use the title "licensed behavior
16analyst", "L.B.A.", "licensed assistant behavior analyst",
17"L.A.B.A.", or similar words or letters indicating he or she is
18licensed as a behavior analyst or assistant behavior analyst
19unless he or she is actually licensed under this Act.
20 (c) This Act does not prohibit any of the following:
21 (1) Self-care by a patient or uncompensated care by a
22 friend or family member who does not represent or hold
23 himself or herself out to be a behavior analyst or
24 assistant behavior analyst.
25 (2) An individual from implementing a behavior

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1 analytic treatment plan under the extended authority,
2 direction, and supervision of a licensed behavior analyst
3 or licensed assistant behavior analyst.
4 (3) An individual licensed under any other law of this
5 State from performing activities that are considered to be
6 the practice of applied behavior analysis under this Act if
7 the activities are within the individual's scope of
8 practice and are commensurate with his or her education,
9 training, and experience, so long as the individual does
10 not use the titles provided in subsection (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.

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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, a licensed
10 clinical psychologist, or an instructor of a course
11 sequence approved by the certifying entity.
12 (7) An individual who is not licensed under this Act
13 from pursuing experience consistent with the requirements
14 of the certifying entity if the experience is supervised by
15 a licensed behavior analyst in accordance with the
16 requirements of the certifying entity or a licensed
17 psychologist.
18 (8) An individual with a learning behavior specialist
19 or school support personnel endorsement from the Illinois
20 State Board of Education from delivering behavior analytic
21 services in a school setting when employed by that school
22 as long as those services are defined in the scope of
23 practice for that endorsement and that person is not in any
24 manner held out to the public as a licensed behavior
25 analyst or licensed assistant behavior analyst.
26 (9) A qualified intellectual disabilities

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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 (d) This Act does not apply to an individual who, on the
10effective date of this Act, is engaging in the practice of
11applied behavior analysis for the medical assistance program
12under the Illinois Public Aid Code and is under the supervision
13of a licensed behavior analyst or licensed assistant behavior
14analyst and seeking the education, training, and experience
15necessary to obtain a license under this Act, so long as such
16practice does not continue after 24 months after the effective
17date of this Act.
18 Section 25. Qualifications for behavior analyst license.
19 (a) A person qualifies to be licensed as a behavior analyst
20if that person:
21 (1) has applied in writing or electronically on forms
22 prescribed by the Department;
23 (2) is at least 21 years of age and has not engaged in
24 conduct or activities that would constitute grounds for
25 discipline under this Act;

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1 (3) pays the required fees; and
2 (4) meets either of the following requirements:
3 (A) if the person successfully completed a
4 graduate degree from a nationally or regionally
5 accredited university approved by the Department
6 before the effective date of this Act, the person:
7 (i) demonstrates to the Department successful
8 completion before the effective date of this Act of
9 a graduate degree from a nationally or regionally
10 accredited university approved by the Department
11 and core coursework related to principles and
12 application of applied behavior analysis necessary
13 to qualify for the certification examination as
14 outlined by the certifying entity;
15 (ii) has met the supervised work experience
16 requirements in effect at the time of his or her
17 initial board certification examination;
18 (iii) has passed an independently administered
19 examination by the certifying entity and approved
20 by the Department for professional practitioners
21 of applied behavior analysis and is in good
22 standing with the certifying entity at the time of
23 application; or
24 (B) if the person has not successfully completed a
25 graduate degree from a nationally or regionally
26 accredited university approved by the Department

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1 before the effective date of this Act, the person:
2 (i) holds a graduate degree from a nationally
3 or regionally accredited university approved by
4 the Department;
5 (ii) demonstrates successful completion of
6 both core graduate level coursework related to
7 principles and application of applied behavior
8 analysis necessary to qualify for the
9 certification examination as outlined by the
10 certifying entity and other graduate level course
11 work necessary to complete a master's or doctoral
12 degree as outlined by the university, approved by
13 the Department and defined by rule;
14 (iii) demonstrates successful completion of at
15 least 1,500 hours of supervised work experience
16 under the direction of a qualified supervisor as
17 defined by the certifying entity and defined by
18 rule;
19 (iv) passes an independently administered
20 examination by the certifying entity and approved
21 by the Department for professional practitioners
22 of applied behavior analysis; and
23 (v) is in good standing with the certifying
24 entity at the time of application.
25 (b) All applicants have 3 years after the date of
26application to complete the application process. If the process

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1has not been completed in 3 years, the application shall be
2denied, the fee shall be forfeited, and the applicant must
3reapply and meet the requirements in effect at the time of
4reapplication.
5 Section 30. Qualifications for assistant behavior analyst
6license.
7 (a) A person qualifies to be licensed as an assistant
8behavior analyst if that person:
9 (1) has applied in writing or electronically on forms
10 prescribed by the Department;
11 (2) is at least 21 years of age and has not engaged in
12 conduct or activities that would constitute grounds for
13 discipline under this Act;
14 (3) pays the required fees; and
15 (4) meets either of the following requirements:
16 (A) if the person successfully completed a minimum
17 of a bachelor's degree from a nationally or regionally
18 accredited university approved by the Department
19 before the effective date of this Act, the person:
20 (i) demonstrates to the Department successful
21 completion before the effective date of this Act a
22 minimum of a bachelor's level degree from a
23 nationally or regionally accredited university
24 approved by the Department and core coursework
25 related to principles and application of applied

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1 behavior analysis necessary to qualify for the
2 certification examination as outlined by the
3 certifying entity and coursework necessary to
4 complete the degree as outlined by the university;
5 (ii) passes an independently administered
6 examination by the certifying entity and approved
7 by the Department for professional practitioners
8 of applied behavior analysis;
9 (iii) is in good standing with the certifying
10 entity at the time of application; and
11 (iv) demonstrates a continued relationship
12 with a qualified supervisor as defined by the
13 certifying entity and approved by the Department;
14 or
15 (B) if the person has not successfully completed a
16 minimum of a bachelor's degree from a nationally or
17 regionally accredited university approved by the
18 Department before the effective date of this Act, the
19 person:
20 (i) holds a minimum of a bachelor's level
21 degree from a nationally or regionally accredited
22 university approved by the Department;
23 (ii) demonstrates successful completion of
24 both core coursework related to principles and
25 application of applied behavior analysis necessary
26 to qualify for the certification examination as

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1 outlined by the certifying entity and other course
2 work necessary to complete the degree as outlined
3 by the university, approved by the Department and
4 defined by rule;
5 (iii) demonstrates successful completion of at
6 least 1,000 hours of supervised work experience
7 under the direction of a qualified supervisor as
8 defined by the certifying entity and approved by
9 the Department;
10 (iv) passes an independently administered
11 examination by the certifying entity for
12 professional practitioners of applied behavior
13 analysis;
14 (v) is in good standing with the certifying
15 entity at the time of application; and
16 (vi) demonstrates a continued relationship
17 with a qualified supervisor as defined by the
18 certifying entity and approved by the Department.
19 (b) Applicants have 3 years after the date of application
20to complete the application process. If the process has not
21been completed in 3 years, the application shall be denied, the
22fee shall be forfeited, and the applicant must reapply and meet
23the requirements in effect at the time of reapplication.
24 Section 35. Endorsement. The Department may issue a license
25as a behavior analyst or assistant behavior analyst to an

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1applicant licensed under the laws of another jurisdiction if
2the requirements for licensure in that jurisdiction are, on the
3date of licensure, substantially equivalent to the
4requirements of this Act or to any person who, at the time of
5his or her licensure, possessed individual qualifications that
6were substantially equivalent to the requirements then in force
7in this State.
8 An applicant under this Section shall pay the required
9fees. An individual applying for licensure as a licensed
10behavior analyst or assistant behavior analyst who has been
11licensed in another United States jurisdiction for 10
12consecutive years without discipline is not required to submit
13proof of completion of the education, professional experience,
14and supervision required in Section 25 or 30.
15 Individuals with 10 consecutive years of experience must
16submit certified verification of licensure from the
17jurisdiction in which the applicant practiced and must comply
18with all other licensing requirements and pay all required
19fees. If the accuracy of any submitted documentation or the
20relevance or sufficiency of the course work or experience is
21questioned by the Department or the Board because of a lack of
22information, discrepancies or conflicts in information given,
23or a need for clarification, the applicant seeking licensure
24may be required to provide additional information.
25 Section 40. Advisory Board of Behavior Analysts.

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1 (a) The Advisory Board of Behavior Analysts is created
2within the Department of Financial and Professional
3Regulation. The Board shall consist of the following 5 members
4appointed by the Secretary: one licensed behavior analyst
5holding a doctoral degree, one licensed assistant behavior
6analyst, 2 licensed behavior analysts, and one public member.
7The Board shall serve in an advisory capacity.
8 (b) Members of the Board shall have no criminal, civil, or
9professional liability in an action based upon a disciplinary
10proceeding or other activity performed in good faith as a
11member of the Board, except for willful or wanton misconduct.
12An individual or organization acting in good faith, and not in
13a willful and wanton manner, participating in proceedings of
14the Board, shall not be subject to criminal prosecution or
15civil damages as a result of such actions.
16 (c) Members of the Board shall be indemnified by the State
17for any actions occurring within the scope of services on the
18Board, done in good faith and not willful and wanton in nature.
19The Attorney General shall defend all such actions, unless he
20or she determines either that there would be a conflict of
21interest in such representation or that the actions complained
22of were not in good faith or were willful and wanton. If the
23Attorney General rejects representation, the member has the
24right to employ counsel of his or her choice, whose fees shall
25be provided by the State after approval by the Attorney
26General, unless there is a determination by a court that the

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1member's actions were not in good faith or were willful and
2wanton. The member must notify the Attorney General within 7
3days after receipt of notice of the initiation of any action
4involving services of the Board. Failure to notify the Attorney
5General shall constitute an absolute waiver of the right to a
6defense and indemnification. The Attorney General shall
7determine, within 7 days after receiving such notice, whether
8he or she will represent the member.
9 (d) In appointing members of the Board, the Secretary shall
10give due consideration to the adequate representation of the
11various practice specialties of behavior analysis and should
12reasonably reflect representation from different geographic
13areas of Illinois. In appointing members of the Board, the
14Secretary shall give due consideration to recommendations made
15by members of the profession of behavior analysis and by the
16Statewide organizations representing the interests of behavior
17analysts and organizations representing the interests of
18academic programs in behavior analysis.
19 (e) Members of the Board shall be appointed for terms of 4
20years. No member shall be eligible to serve for more than 2
21full terms. Any appointment to fill a vacancy shall be for the
22unexpired portion of the term. A member appointed to fill a
23vacancy for an unexpired term for a duration of 2 years or more
24may be reappointed for a maximum of one term, and a member
25appointed to fill a vacancy for an unexpired term for a
26duration of less than 2 years may be reappointed for a maximum

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1of 2 terms.
2 (f) The initial members of the Board who are behavior
3analysts or assistant behavior analysts must be certified
4accordingly by the certifying entity.
5 (g) In making initial appointments to the Board, the
6Secretary shall stagger the terms of the appointees so that one
7member serves an initial term of 2 years, 2 members shall serve
8an initial term of 3 years, and 2 members serve initial terms
9of 4 years. Each member of the Board shall hold office until
10his or her successor has been qualified. A vacancy in the
11membership of the Board shall be filled for the unexpired term
12in the manner provided for the original appointment. A member
13appointed for less than a full term may serve 2 full terms in
14addition to such part of a full term.
15 (h) Each Board member shall be a resident of this State for
16at least one year and shall, other than the public member, have
17been licensed under this Act for at least 3 years prior to
18appointment, except for the original members of the Board, who
19shall have experience in the practice of applied behavior
20analysis.
21 (i) The public member shall be a person who is not and
22never was a member of any profession licensed or regulated
23under this Act or the spouse of such individual; and an
24individual who does not have and never has had a material
25financial interest in either the providing of the professional
26services regulated by this Act, or an activity or organization

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1directly related to any profession licensed or regulated under
2this Act.
3 (j) The Board shall annually elect one of its members as
4chairperson.
5 (k) The members of the Board shall be reimbursed for all
6legitimate, necessary, and authorized expenses incurred in
7attending the meetings of the Board.
8 (l) The Secretary shall give due consideration to all
9recommendations of the Board. The Secretary may consider the
10recommendation of the Board on all matters and questions
11relating to this Act, including rules for administration of
12this Act.
13 (m) Four members of the Board shall constitute a quorum. A
14quorum is required for all Board decisions.
15 (o) The Secretary shall have the authority to remove or
16suspend any member for cause at any time prior to the
17expiration of his or her term. The Secretary shall be the sole
18arbiter of cause.
19 Section 45. Rules; minimum standards; renewal.
20 (a) The Department, in consultation with the Board, shall
21adopt rules establishing the minimum standards for licensure as
22a licensed behavior analyst or a licensed assistant behavior
23analyst.
24 (b) For the purposes of this Section, the Department may
25adopt ethical and disciplinary professional rules from a

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1certifying entity in whole or in part, as its standards. Until
2rules are adopted under this Section by the Department, the
3Department shall use the ethical and disciplinary standards of
4the certifying entity that are in effect on the effective date
5of this Act.
6 (c) The Department shall include in its rules that an
7application for licensure shall be denied if the applicant's
8criminal history records indicates that he or she has been
9convicted of a sexual offense and that a licensee's license
10shall be permanently revoked if he or she is convicted of a
11sexual offense while licensed under this Act.
12 (d) The Department shall adopt rules requiring that a
13licensee seeking renewal to have his or her current
14certification verified by the certifying entity. The
15expiration date and renewal period for each license issued
16under this Act shall be set by rule. The licensee may renew a
17license during the 60-day period preceding its expiration date
18by paying the required fee and by demonstrating compliance with
19any continuing education requirements. The Department shall
20adopt rules establishing minimum requirements of continuing
21education and means for verification of the completion of the
22continuing education requirements.
23 (e) The Department shall adopt rules requiring that an
24assistant behavior analyst shall furnish evidence that he or
25she is practicing under the supervision of a licensed behavior
26analyst.

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1 Section 50. Grounds for discipline.
2 (a) The Department may refuse to issue or renew a license,
3or may revoke, suspend, place on probation, reprimand, or take
4other disciplinary or nondisciplinary action as the Department
5deems appropriate with regard to the license of any person
6issued under this Act, including imposing fines not to exceed
7$10,000 for each violation, upon any of the following grounds:
8 (1) Material misstatement in furnishing information to
9 the Department or to any other State agency.
10 (2) Violations or negligent or intentional disregard
11 of this Act or rules adopted under this Act.
12 (3) Conviction of the licensee by plea of guilty or
13 nolo contendere, finding of guilt, jury verdict, or entry
14 of judgment or by sentencing for any crime, including, but
15 not limited to, convictions, preceding sentences of
16 supervision, conditional discharge, or first offender
17 probation, under the laws of any jurisdiction of the United
18 States that (i) is a felony under the laws of this State or
19 (ii) is a misdemeanor, an essential element of which is
20 dishonesty or that is directly related to the practice of
21 the behavior analyst profession.
22 (4) Fraud or any misrepresentation in applying for or
23 procuring a license under this Act or in connection with
24 applying for the renewal of a license under this Act.
25 (5) Professional incompetence or gross negligence in

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1 rendering licensed behavior analyst or licensed assistant
2 behavior analyst services.
3 (6) Malpractice.
4 (7) Aiding or assisting another person in violating any
5 provision of this Act or any rules.
6 (8) Failing to provide information within 60 days in
7 response to a written request made by the Department.
8 (9) Engaging in dishonorable, unethical, or
9 unprofessional conduct of a character likely to deceive,
10 defraud, or harm the public and violating the rules of
11 professional conduct adopted by the Department.
12 (10) Habitual or excessive use or abuse of drugs as
13 defined in law as controlled substances, alcohol, or any
14 other substance that results in the inability to practice
15 with reasonable skill, judgment, or safety.
16 (11) Discipline by another jurisdiction, including the
17 District of Columbia, territory, county, or governmental
18 agency, if at least one of the grounds for the discipline
19 is the same or substantially equivalent to those set forth
20 in this Section.
21 (12) Abandonment of a client.
22 (13) Willfully filing false reports relating to the
23 licensee's practice, including, but not limited to, false
24 records filed with federal or State agencies or
25 departments.
26 (14) Willfully failing to report an instance of

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1 suspected child abuse or neglect as required by the Abused
2 and Neglected Child Reporting Act and in matters pertaining
3 to suspected abuse, neglect, financial exploitation, or
4 self-neglect of adults with disabilities and older adults
5 as set forth in the Adult Protective Services Act.
6 (15) Being named as a perpetrator in an indicated
7 report by the Department of Children and Family Services
8 pursuant to the Abused and Neglected Child Reporting Act,
9 and upon proof by clear and convincing evidence that the
10 licensee has caused a child to be an abused child or
11 neglected child as defined in the Abused and Neglected
12 Child Reporting Act.
13 (16) Physical or mental illness or disability,
14 including, but not limited to, deterioration through the
15 aging process or loss of abilities and skills which results
16 in the inability to practice the profession with reasonable
17 judgment, skill, or safety.
18 (17) Solicitation of professional services by using
19 false or misleading advertising.
20 (18) Allowing one's license under this Act to be used
21 by an unlicensed person in violation of this Act.
22 (19) A finding that licensure has been applied for or
23 obtained by fraudulent means.
24 (20) Practicing under a false or, except as provided by
25 law, an assumed name.
26 (21) Gross and willful overcharging for professional

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1 services, including filing statements for collection of
2 fees or moneys for which services are not rendered.
3 (22) Clinical supervisors failing to adequately and
4 responsibly monitor supervisees in accordance with
5 guidelines set forth by the certifying entity.
6 All fines imposed under this Section shall be paid within
760 days after the effective date of the order imposing the
8fine.
9 (b) The Department may refuse to issue or may suspend
10without hearing, as provided for in the Code of Civil
11Procedure, the license of any person who fails to file a
12return, pay the tax, penalty, or interest shown in a filed
13return, or pay any final assessment of the tax, penalty, or
14interest as required by any tax Act administered by the
15Illinois Department of Revenue, until the requirements of any
16such tax Act are satisfied in accordance with subsection (g) of
17Section 2105-15 of the Department of Professional Regulation
18Law of the Civil Administrative Code of Illinois.
19 (c) In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency to
23the Department, the Department may refuse to issue or renew or
24may revoke or suspend that person's license or may take other
25disciplinary action against that person based solely upon the
26certification of delinquency made by the Department of

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1Healthcare and Family Services in accordance with item (5) of
2subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
4Illinois.
5 (d) The determination by a court that a licensee is subject
6to involuntary admission or judicial admission as provided in
7the Mental Health and Developmental Disabilities Code shall
8result in an automatic suspension of his or her license. The
9suspension shall end upon a finding by a court that the
10licensee is no longer subject to involuntary admission or
11judicial admission, the issuance of an order so finding and
12discharging the patient, and the recommendation of the Board to
13the Secretary that the licensee be allowed to resume
14professional practice.
15 (e) In enforcing this Act, the Department, upon a showing
16of a possible violation, may compel an individual licensed to
17practice under this Act, or who has applied for licensure under
18this Act, to submit to a mental or physical examination, or
19both, as required by and at the expense of the Department. The
20Department may order the examining physician to present
21testimony concerning the mental or physical examination of the
22licensee or applicant. No information shall be excluded by
23reason of any common law or statutory privilege relating to
24communications between the licensee or applicant and the
25examining physician. The examining physicians shall be
26specifically designated by the Department. The individual to be

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1examined may have, at his or her own expense, another physician
2of his or her choice present during all aspects of this
3examination. The examination shall be performed by a physician
4licensed to practice medicine in all its branches. Failure of
5an individual to submit to a mental or physical examination,
6when directed, shall result in an automatic suspension without
7hearing.
8 A person holding a license under this Act or who has
9applied for a license under this Act who, because of a physical
10or mental illness or disability, including, but not limited to,
11deterioration through the aging process or loss of motor
12skills, is unable to practice the profession with reasonable
13judgment, skill, or safety, may be required by the Department
14to submit to care, counseling, or treatment by physicians
15approved or designated by the Department as a condition, term,
16or restriction for continued, reinstated, or renewed licensure
17to practice. Submission to care, counseling, or treatment as
18required by the Department shall not be considered discipline
19of a license. If the licensee refuses to enter into a care,
20counseling, or treatment agreement or fails to abide by the
21terms of the agreement, the Department may file a complaint to
22revoke, suspend, or otherwise discipline the license of the
23individual. The Secretary may order the license to be suspended
24immediately, pending a hearing by the Department. Fines shall
25not be assessed in disciplinary actions involving physical or
26mental illness or impairment.

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1 In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that person's
3license shall be convened by the Department within 15 days
4after the suspension and completed without appreciable delay.
5The Department shall have the authority to review the subject
6individual's record of treatment and counseling regarding the
7impairment to the extent permitted by applicable federal
8statutes and regulations safeguarding the confidentiality of
9medical records.
10 An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Department that he or she can resume practice in compliance
13with acceptable and prevailing standards under the provisions
14of his or her license.
15 (f) All fines imposed under this Section shall be paid
16within 55 days after the effective date of the order imposing
17the fine or in accordance with the terms set forth in the order
18imposing the fine.
19 Section 55. Illinois Administrative Procedure Act. The
20Illinois Administrative Procedure Act is hereby expressly
21adopted and incorporated in this Act as if all of the
22provisions of the Illinois Administrative Procedure Act were
23included in this Act, except that the provision of subsection
24(d) of Section 10-65 of the Illinois Administrative Procedure
25Act is expressly excluded, which provides that at hearings the

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1license holder has the right to show compliance with all lawful
2requirements for retention, continuation, or renewal of a
3license. For the purposes of this Act, the notice required
4under Section 10-25 of the Illinois Administrative Procedure
5Act is deemed sufficient when served personally upon, mailed to
6the last known address of record of, or emailed to the email
7address of record of a party.
8 Section 60. Unlicensed practice; violation; civil penalty.
9 (a) Any person who practices, offers to practice, attempts
10to practice, or holds himself or herself out to practice as a
11licensed behavior analyst or licensed assistant behavior
12analyst without being licensed or exempt under this Act shall,
13in addition to any other penalty provided by law, pay a civil
14penalty to the Department in an amount not to exceed $10,000
15for each offense, as determined by the Department. The civil
16penalty shall be assessed by the Department after a hearing is
17held in accordance with the provisions set forth in this Act
18regarding the provision of a hearing for the discipline of a
19licensee.
20 (b) The Department may investigate any actual, alleged, or
21suspected unlicensed activity.
22 (c) The civil penalty shall be paid within 60 days after
23the effective date of the order imposing the civil penalty. The
24order shall constitute a final judgment and may be filed and
25execution had thereon in the same manner as any judgment from

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1any court of record.
2 Section 65. Violations; injunction; cease and desist
3order.
4 (a) If an individual violates a provision of this Act, the
5Secretary may, in the name of the People of the State of
6Illinois, through the Attorney General of the State of Illinois
7or the State's Attorney of the county in which the violation is
8alleged to have occurred, petition for an order enjoining the
9violation or for an order enforcing compliance with this Act.
10Upon the filing of a verified petition, the court with
11appropriate jurisdiction may issue a temporary restraining
12order without notice or bond, and may preliminarily and
13permanently enjoin the violation. If it is established that the
14individual has violated or is violating the injunction, the
15court may punish the offender for contempt of court.
16Proceedings under this Section are in addition to all other
17remedies and penalties provided by this Act.
18 (b) If an individual holds himself or herself out as being
19a licensed behavior analyst or a licensed assistant behavior
20analyst under this Act and is not licensed to do so, then any
21licensed behavior analyst, licensed assistant behavior
22analyst, interested party, or any person injured thereby may
23petition for relief as provided in subsection (a) of this
24Section.
25 (c) Whenever, in the opinion of the Department, an

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1individual violates a provision of this Act, the Department may
2issue a rule to show cause why an order to cease and desist
3should not be entered against that person. The rule shall
4clearly set forth the grounds relied upon by the Department and
5shall allow at least 7 days from the date of the rule to file an
6answer satisfactory to the Department. Failure to answer to the
7satisfaction of the Department shall cause an order to cease
8and desist to be issued.
9 Section 70. Powers and duties of the Department.
10 (a) The Department shall exercise the powers and duties
11prescribed by the Civil Administrative Code of Illinois for the
12administration of licensure Acts and shall exercise other
13powers and duties necessary for effectuating the purposes of
14this Act.
15 (b) The Department may adopt rules to administer and
16enforce this Act, including, but not limited to, fees for
17original licensure and renewal and restoration of licenses, and
18may prescribe forms to be issued to implement this Act. At a
19minimum, the rules adopted by the Department shall include
20standards and criteria for licensure and for professional
21conduct and discipline. The Department may consult with the
22Board in adopting rules. The Department may at any time seek
23the advice and expert knowledge of the Board on any matter
24relating to the administration of this Act.
25 (c) Subject to the provisions of this Act, the Department

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1may:
2 (1) Authorize examinations to ascertain the
3 qualifications and fitness of applicants for licensing as
4 licensed behavior analysts or licensed assistant behavior
5 analysts and pass upon the qualifications of applicants for
6 licensure by endorsement.
7 (2) Conduct hearings or proceedings to refuse to issue
8 or renew or to revoke licenses or suspend, place on
9 probation, censure, or reprimand or take any other
10 disciplinary or nondisciplinary action with regard to a
11 person licensed under this Act.
12 (3) Adopt rules required for the administration of this
13 Act.
14 (4) Maintain rosters of the names and addresses of all
15 licensees, and all persons whose licenses have been
16 suspended, revoked, or denied renewal for cause within the
17 previous calendar year. These rosters shall be available
18 upon written request and payment of the required fee.
19 (d) All information collected by the Department in the
20course of an examination or investigation of a licensee or
21applicant, including, but not limited to, any complaint against
22a licensee filed with the Department and information collected
23to investigate any such complaint, shall be maintained for the
24confidential use of the Department and shall not be disclosed.
25The Department may not disclose the information to anyone other
26than law enforcement officials, other regulatory agencies that

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1have an appropriate regulatory interest as determined by the
2Secretary, or to a party presenting a lawful subpoena to the
3Department. Information and documents disclosed to a federal,
4State, county, or local law enforcement agency shall not be
5disclosed by the agency for any purpose to any other agency or
6person. A formal complaint filed against a licensee by the
7Department or any order issued by the Department against a
8licensee or applicant shall be a public record, except as
9otherwise prohibited by law.
10 Section 75. Investigations; notice; hearing.
11 (a) The Department may investigate the actions of any
12applicant or of any person or persons holding or claiming to
13hold a license under this Act.
14 (b) The Department shall, before disciplining an applicant
15or licensee, at least 30 days before the date set for the
16hearing, (i) notify the accused in writing of the charges made
17and the time and place for the hearing on the charges, (ii)
18direct him or her to file a written answer to the charges under
19oath within 20 days after service, and (iii) inform the
20applicant or licensee that failure to answer shall result in a
21default being entered against the applicant or licensee.
22 (c) At the time and place fixed in the notice, the Board or
23hearing officer appointed by the Secretary shall proceed to
24hear the charges, and the parties or their counsel shall be
25accorded ample opportunity to present any pertinent

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1statements, testimony, evidence, and arguments. The Board or
2hearing officer may continue the hearing from time to time. In
3case the person, after receiving the notice, fails to file an
4answer, his or her license may, in the discretion of the
5Secretary, having first received the recommendation of the
6Board, be suspended, revoked, or placed on probationary status,
7or be subject to any disciplinary action the Secretary
8considers proper, including, but not limited to, limiting the
9scope, nature, or extent of the person's practice or the
10imposition of a fine without hearing if the act or acts charged
11constitute sufficient grounds for that action under this Act.
12 (d) The written notice and any notice in the subsequent
13proceeding may be served by regular or certified mail to the
14applicant's or licensee's address of record.
15 (e) Notwithstanding any other provision of this Act, the
16Secretary shall have the authority to appoint any attorney duly
17licensed to practice law in the State of Illinois to serve as
18the hearing officer in any action for refusal to issue, renew
19or discipline a license. The hearing officer shall have full
20authority to conduct the hearing. The hearing officer shall
21report his or her findings of fact, conclusions of law, and
22recommendations to the Board and the Secretary.
23 Section 80. Record of proceedings; transcript.
24 (a) The Department, at its expense, shall preserve a record
25of all proceedings at any formal hearing of any case. The

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1notice of hearing, complaint and all other documents in the
2nature of pleadings and written motions filed in the
3proceedings, the transcript of testimony, the report of the
4Board, and the orders of the Department shall be the record of
5the proceedings. The Department shall furnish a copy of the
6record to any person upon payment of the fee required under
7Section 2105-115 of the Department of Professional Regulation
8Law of the Civil Administrative Code of Illinois.
9 (b) The Board or the hearing officer appointed by the
10Secretary shall hear evidence in support of the formal charges
11and evidence produced by the licensee. At the conclusion of the
12hearing, the Board shall present to the Secretary a written
13report of its findings of fact, conclusions of law, and
14recommendations.
15 (c) At the conclusion of the hearing, a copy of the Board
16or hearing officer's report shall be served to the applicant or
17licensee by the Department, either personally or as provided in
18this Act for the service of a notice of hearing. Within 20
19calendar days after service, the applicant or licensee may
20present to the Department a motion in writing for a rehearing,
21which shall specify the particular grounds for rehearing. The
22Department may respond to the motion for rehearing within 20
23calendar days after its service on the Department. If no motion
24for rehearing is filed, then after the expiration of the time
25specified for filing such motion, or upon denial of a motion
26for rehearing, the Secretary may enter an order in accordance

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1with the recommendation of the Board or hearing officer. If the
2applicant or licensee orders from the reporting service and
3pays for a transcript of the record within the time for filing
4a motion for rehearing, the 20-day period within which a motion
5may be filed shall commence upon the delivery of the transcript
6to the applicant or licensee.
7 (d) If the Secretary disagrees in any regard with the
8report of the Board, the Secretary may issue an order contrary
9to the report.
10 (e) If the Secretary is not satisfied that substantial
11justice has been done, the Secretary may order a rehearing by
12the same or another hearing officer.
13 (f) At any point in any investigation or disciplinary
14proceeding provided for in this Act, both parties may agree to
15a negotiated consent order. The consent order shall be final
16upon the signature of the Secretary.
17 (g) Any fine imposed shall be payable within 60 days after
18the effective date of the order imposing the fine.
19 Section 85. Administrative review.
20 (a) All final administrative decisions of the Department
21hereunder shall be subject to judicial review pursuant to the
22provisions of the Administrative Review Law, and all amendments
23and modifications thereof, and the rules adopted pursuant
24thereto. The term "administrative decision" is defined as in
25Section 3-101 of the Code of Civil Procedure.

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1 (b) Proceedings for judicial review shall be commenced in
2the circuit court of the county in which the party applying for
3review resides, but if the party is not a resident of Illinois,
4the venue shall be in Sangamon County.
5 Section 90. Certification of record. The Department shall
6not be required to certify any record to the court, file any
7answer in court, or otherwise appear in any judicial review
8proceedings, unless and until the Department has received from
9the plaintiff payment of the costs of furnishing and certifying
10the record, which costs shall be determined by the Department.
11Failure on the part of the plaintiff to file a receipt in court
12shall be grounds for dismissal of the action.
13 Section 95. Fees. The Department shall provide by rule for
14a schedule of fees for the administration and enforcement of
15this Act, including, but not limited to, original licensure,
16registration, renewal, and restoration. The fees shall be
17nonrefundable.
18 All fees, fines, and penalties collected under this Act
19shall be deposited into the General Professions Dedicated Fund
20and shall be appropriated to the Department for the ordinary
21and contingent expenses of the Department in the administration
22of this Act.
23 Section 900. The Regulatory Sunset Act is amended by adding

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1Section 4.40 as follows:
2 (5 ILCS 80/4.40 new)
3 Sec. 4.40. Act repealed on January 1, 2030. The following
4Act is repealed on January 1, 2030:
5 The Behavior Analyst Licensing Act.
6 Section 999. Effective date. This Act takes effect upon
7becoming law.
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