Rep. Dan Brady

Filed: 4/3/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1970

2    AMENDMENT NO. ______. Amend House Bill 1970 by replacing
3everything after the enacting clause with the following:
 
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, and to protect the public from unprofessional conduct
16by persons licensed to practice applied behavior analysis.
 

 

 

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1    Section 10. Definitions. As used in this Act:
2    "Applied behavior analysis" means the design,
3implementation, and evaluation of environmental modifications
4using behavioral stimuli and consequences to produce socially
5significant improvement in human behavior, including the use of
6direct observation, measurement, and functional analysis of
7the relations between environment and behavior. "Applied
8behavior analysis" does not include:
9        (1) the practice of medicine, the practice of
10    osteopathic medicine and surgery, or medical diagnosis or
11    treatment;
12        (2) the practice of speech-language pathology;
13        (3) the practice of physical therapy;
14        (4) the practice of occupational therapy;
15        (5) psychological testing, including standardized
16    testing for intelligence or personality;
17        (6) diagnosis of a mental or physical disorder; or
18        (7) the practice of neuropsychology, psychotherapy,
19    cognitive therapy, sex therapy, psychoanalysis,
20    hypnotherapy, or counseling as treatment modalities.
21    "Assistant behavior analyst" means an individual licensed
22under this Act to engage in practice as an assistant behavior
23analyst.
24    "Behavior analyst" means an individual licensed to engage
25in the practice of applied behavior analysis.

 

 

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1    "Behavior technician" means a noncredentialed individual
2who delivers applied behavior analysis services under the
3delegation and supervision of a behavior analyst.
4    "Behavioral health treatment" means evidence-based
5counseling and treatment programs, including applied behavior
6analysis, that are (i) necessary to develop, maintain, or
7restore, to the maximum extent practicable, the functioning of
8an individual and (ii) provided or supervised by a
9board-certified behavior analyst or a licensed psychologist so
10long as the services performed are commensurate with the
11psychologist's formal university training and supervised
12experience.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Practice as an assistant behavior analyst" means the
16practice of applied behavior analysis under the supervision of
17a behavior analyst.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation.
20    "Sexual offense" means an offense that would require an
21individual to be subject to registration under the Sex Offender
22Registration Act.
 
23    Section 15. License required.
24    (a) Beginning 2 years after the effective date of rules
25adopted by the Department to implement this Act, an individual

 

 

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1shall not engage in the practice of applied behavior analysis
2or practice as an assistant behavior analyst unless licensed
3under this Act.
4    (b) Beginning 2 years after the effective date of rules
5adopted by the Department to implement this Act, an individual
6shall not use the titles "behavior analyst", "B.A.", "licensed
7behavior analyst", "L.B.A.", "assistant behavior analyst",
8"A.B.A.", "licensed assistant behavior analyst", "L.A.B.A.",
9or similar words or letters that indicate that he or she is
10licensed as a behavior analyst or assistant behavior analyst
11unless the individual is licensed under this Act.
12    (c) This Act does not prohibit any of the following:
13        (1) Self-care by a patient or uncompensated care by a
14    friend or family member who does not represent or hold
15    himself or herself out to be a behavior analyst or
16    assistant behavior analyst.
17        (2) A behavior technician or a family member from
18    implementing a plan under the extended authority,
19    direction, and, if applicable, supervision of a behavior
20    analyst.
21        (3) An individual licensed under any other law of this
22    State from performing activities that are considered to be
23    the practice of applied behavior analysis under this Act if
24    the activities are within the licensee's scope of practice
25    and are commensurate with his or her education, training,
26    and experience, so long as the individual does not use the

 

 

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1    titles provided in subsection (b) of this Section.
2        (4) An individual from performing activities that are
3    considered to be the practice of applied behavior analysis
4    under this Act if the activities are with nonhuman or
5    nonpatient clients or consumers, including, but not
6    limited to, applied animal behaviorists and practitioners
7    of organizational behavior management.
8        (5) An individual who is a matriculated student at a
9    nationally accredited university approved in rules or who
10    is a postdoctoral fellow from performing activities that
11    are considered to be the practice of applied behavior
12    analysis under this Act if the activities are part of a
13    defined behavior analysis program of study or practicum
14    approved by Department rule and if the student or fellow is
15    directly supervised by an individual who is (A) licensed as
16    a behavior analyst under this Act or (B) appointed as the
17    instructor of a course sequence approved by the Behavior
18    Analyst Certification Board or other certification board.
19        (6) An individual who is not licensed under this Act
20    from pursuing experience requirements for applied behavior
21    analysis credentials if the experience is supervised by an
22    individual who is licensed as a behavioral analyst.
23    (d) This Act does not apply to an individual who, on the
24effective date of this Act, is engaging in the practice of
25applied behavior analysis under the medical assistance program
26under the Illinois Public Aid Code while that individual is

 

 

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1seeking the education, training, and experience necessary to
2obtain a license under this Act and only while the individual
3is providing applied behavior analysis to children in the
4provision of home and community-based services.
 
5    Section 20. Qualifications for licensure as a behavior
6analyst. The Department shall issue a license as a behavior
7analyst to an individual who, on or before the effective date
8of this Act, had the credentials as a certified behavior
9analyst conferred for applied behavior analysis by the Behavior
10Analyst Certification Board and who applies for licensure as a
11behavior analyst within one year after the effective date of
12the rules adopted by the Department to implement this Act. Each
13applicant for licensure as a behavior analyst shall have his or
14her fingerprints submitted to the Department of State Police in
15the form and manner prescribed by the Department of State
16Police. These fingerprints shall be electronically transmitted
17through a live scan fingerprint vendor licensed by the
18Department. These fingerprints shall be checked against the
19Department of State Police and the Federal Bureau of
20Investigation criminal history record information database now
21and hereafter filed. The Department of State Police shall
22charge a fee for conducting the criminal history records check,
23which shall be deposited in the State Police Services Fund and
24shall not exceed the actual cost of the Illinois and national
25criminal history record check. The Department of State Police

 

 

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1shall furnish, pursuant to positive identification, records of
2all Illinois convictions to the Department.
 
3    Section 25. Qualifications for licensure as an assistant
4behavior analyst. The Department shall issue a license as an
5assistant behavior analyst to an individual who, on or before
6the effective date of this Act, had the credentials as a
7certified assistant behavior analyst conferred for applied
8behavior analysis by the Behavior Analyst Certification Board
9and who applies for licensure as an assistant behavior analyst
10within one year after the effective date of the rules adopted
11by the Department to implement this Act. Each applicant for
12licensure as an assistant behavior analyst shall have his or
13her fingerprints submitted to the Department of State Police in
14the form and manner prescribed by the Department of State
15Police. These fingerprints shall be electronically transmitted
16through a live scan fingerprint vendor licensed by the
17Department. These fingerprints shall be checked against the
18Department of State Police and the Federal Bureau of
19Investigation criminal history record information database now
20and hereafter filed. The Department of State Police shall
21charge a fee for conducting the criminal history records check,
22which shall be deposited in the State Police Services Fund and
23shall not exceed the actual cost of the Illinois and national
24criminal history record check. The Department of State Police
25shall furnish, pursuant to positive identification, records of

 

 

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1all Illinois convictions to the Department.
 
2    Section 30. Board of Behavior Analysts. The Board of
3Behavior Analysts is created within the Department of Financial
4and Professional Regulation. The Board shall consist of the
5following members appointed by the Secretary:
6        (1) four behavior analysts, 3 of whom provide clinical
7    services;
8        (2) one individual who is affiliated with a public
9    university in this State as an instructor or researcher in
10    applied behavior analysis;
11        (3) one assistant behavior analyst;
12        (4) one physician licensed to practice medicine in all
13    its branches who works with patients with autism spectrum
14    disorders or brain injuries; and
15        (5) two public members.
16    The initial members of the Board who are behavior analysts
17must be certified as behavior analysts by the Behavior Analyst
18Certification Board and the initial member of the Board who is
19an assistant behavior analyst must be certified as an assistant
20behavior analyst by the Behavior Analyst Certification Board.
21    Board members shall serve for a term of 4 years, except
22that, of the initial appointments, 3 members shall serve for a
23term of 2 years, 3 members shall serve for a term of 3 years,
24and 3 members shall serve for a term of 4 years.
 

 

 

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1    Section 35. Rules; minimum standards for licensure;
2renewal. Within 2 years after the effective date of this Act,
3the Department, in consultation with the Board of Behavior
4Analysts, shall adopt rules that establish the minimum
5standards for licensure as a behavior analyst and an assistant
6behavior analyst. For purposes of this Section, the Department
7may adopt in its rules the professional standards, in whole or
8in part, adopted by the Behavior Analyst Certification Board as
9its standards. Until rules are adopted under this Section, the
10Department shall use the standards adopted by the Behavior
11Analyst Certification Board that are in effect on the effective
12date of this Act.
13    The Department shall include in its rules adopted under
14this Act that an application for a license under this Act will
15be denied if the applicant's criminal history records check
16reveals that he or she was convicted of a sexual offense and
17that a licensee's license will be permanently revoked if he or
18she is convicted of a sexual offense while licensed under this
19Act.
20    The Department may include in its rules adopted under this
21Act a requirement that a licensee seeking to renew his or her
22license must furnish evidence that he or she is current on his
23or her certification by the Behavior Analyst Certification
24Board. In addition, the Department may require by rule that an
25assistant behavior analyst furnish evidence that he or she is
26practicing under the supervision of a licensed behavior

 

 

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1analyst.
 
2    Section 40. Behavior technicians. An individual shall not
3act as a behavior technician in this State unless he or she has
4had a criminal history records check conducted by the
5Department and the criminal history records check does not
6reveal any criminal history record information for that
7individual. Each applicant for licensure as a behavior
8technician shall have his or her fingerprints submitted to the
9Department of State Police in the form and manner prescribed by
10the Department of State Police. These fingerprints shall be
11electronically transmitted through a live scan fingerprint
12vendor licensed by the Department. These fingerprints shall be
13checked against the Department of State Police and the Federal
14Bureau of Investigation criminal history record information
15database now and hereafter filed. The Department of State
16Police shall charge a fee for conducting the criminal history
17records check, which shall be deposited in the State Police
18Services Fund and shall not exceed the actual cost of the
19Illinois and national criminal history record check. The
20Department of State Police shall furnish, pursuant to positive
21identification, records of all Illinois convictions to the
22Department.
23    A behavior technician shall not use the words, titles, or
24letters indicating that he or she is a behavior analyst or an
25assistant behavior analyst or that he or she is engaging in the

 

 

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1practice of applied behavior analysis. A behavior technician
2shall use a title that indicates his or her noncredentialed
3status, including "Behavior Technician", "ABA Technician", or
4"Tutor".
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".