Rep. Kathleen Willis

Filed: 2/5/2020

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2710

2    AMENDMENT NO. ______. Amend House Bill 2710 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 "licensed behavior analyst" or "licensed assistant
13behavior analyst", to promote high standards of professional
14performance for those licensed to practice applied behavior
15analysis in the State of Illinois, to protect the public from
16the practice of applied behavior analysis by unqualified

 

 

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1persons and from unprofessional conduct by persons licensed to
2practice applied behavior analysis.
 
3    Section 10. Definitions. As used in this Act:
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit.
8    "Board" means the Advisory Board of Behavior Analysts
9appointed by the Secretary.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Email address of record" means the designated email
13address recorded by the Department in the applicant's
14application file or the licensee's license file as maintained
15by the Department's licensure maintenance unit.
16    "Licensed assistant behavior analyst" means an individual
17licensed under this Act to engage in practice as an assistant
18behavior analyst under the supervision of a licensed behavior
19analyst or a licensed clinical psychologist.
20    "Licensed behavior analyst" means an individual licensed
21to engage in the practice of applied behavior analysis.
22    "Practice of behavior analysis" means the design,
23implementation, and evaluation of instructional and
24environmental modifications to produce socially significant
25improvement in human behavior. "Practice of behavior analysis"

 

 

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

 

 

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1    testing for intelligence or personality;
2        (8) diagnosis of a mental or physical disorder;
3        (9) the practice of neuropsychology, psychotherapy,
4    cognitive therapy, sex therapy, psychoanalysis,
5    hypnotherapy, and counseling as treatment modalities;
6        (10) the practice of school social work, as provided in
7    Sections 10-20.65, 14-1.09a, and 34-18.58 of the School
8    Code;
9        (11) the practice of clinical social work or social
10    work, as regulated by the Clinical Social Work and Social
11    Work Practice Act;
12        (12) the practice of professional counseling, as
13    defined in the Professional Counselor and Clinical
14    Professional Counselor Licensing and Practice Act; or
15        (13) the practice of marriage and family therapy, as
16    defined in the Marriage and Family Therapy Licensing Act.
17    "Secretary" means the Secretary of Financial and
18Professional Regulation.
 
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 by a licensed clinical
12psychologist.
13    (b) Beginning 24 months after the effective date of this
14Act, an individual shall not use the title "licensed behavior
15analyst", "L.B.A.", "licensed assistant behavior analyst",
16"L.A.B.A.", or similar words or letters indicating he or she is
17licensed as a behavior analyst or assistant behavior analyst
18unless he or she is actually licensed under this Act.
19    (c) This Act does not prohibit any of the following:
20        (1) Self-care by a patient or uncompensated care by a
21    friend or family member who does not represent or hold
22    himself or herself out to be a behavior analyst or
23    assistant behavior analyst.
24        (2) An individual from implementing a behavior
25    analytic treatment plan under the extended authority,

 

 

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1    direction, and supervision of a licensed behavior analyst
2    or licensed assistant behavior analyst.
3        (3) An individual licensed or certified under any other
4    law of this State from performing activities that are
5    considered to be the practice of applied behavior analysis
6    under this Act if the activities are within the
7    individual's scope of practice and commensurate with his or
8    her education, training, and experience, so long as the
9    individual does not use the titles provided in subsection
10    (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 or a licensed
10    clinical psychologist.
11        (7) An individual who is not licensed under this Act
12    from pursuing field experience in the practice of behavior
13    analysis if the experience is supervised by a licensed
14    behavior analyst or a licensed psychologist.
15        (8) An individual with a learning behavior specialist
16    or school support personnel endorsement from the Illinois
17    State Board of Education, the school district in which the
18    school is located, or a special education joint agreement
19    serving the school district in which the school is located
20    from delivering behavior analytic services in a school
21    setting when employed by that school as long as those
22    services are defined in the scope of practice for that
23    endorsement and that person is not in any manner held out
24    to the public as a licensed behavior analyst or licensed
25    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        (10) A service provider, designated by the Department
10    of Human Services, from providing behavior intervention
11    and treatment, so long as the individual does not use the
12    titles provided in subsection (b).
13    (d) This Act does not apply to an individual who, on the
14effective date of this Act, is engaging in the practice of
15applied behavior analysis for the medical assistance program
16under the Illinois Public Aid Code and is under the supervision
17of a licensed behavior analyst or licensed assistant behavior
18analyst and seeking the education, training, and experience
19necessary to obtain a license under this Act, so long as such
20practice does not continue after 24 months after the effective
21date of this Act.
 
22    Section 23. Applications for original license.
23Applications for original licenses shall be made to the
24Department on forms or electronically as prescribed by the
25Department and accompanied by the required fee, which shall not

 

 

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1be refundable. All applications shall contain such information
2which, in the judgment of the Department, will enable the
3Department to pass on the qualifications of the applicant for a
4license as a licensed behavior analyst or licensed assistant
5behavior analyst.
6    A license to practice shall not be denied to an applicant
7because of the applicant's race, religion, creed, national
8origin, political beliefs or activities, age, sex, sexual
9orientation, or physical disability that does not affect a
10person's ability to practice with reasonable judgment, skill,
11or safety.
12    For persons who have successfully completed a graduate
13degree from a nationally or regionally accredited university
14approved by the Department and can demonstrate that they have
15passed a competency examination authorized by the Department
16before the effective date of this Act, the Department may allow
17those persons to apply for licensure under the terms of this
18Act beginning 20 months after the effective date of this Act.
19    Applicants have 3 years after the date of application to
20complete the application process. If the process has not been
21completed in 3 years, the application shall be denied, the fee
22shall be forfeited, and the applicant must reapply and meet the
23requirements in effect at the time of reapplication.
 
24    Section 25. Qualifications for behavior analyst license.
25    (a) A person qualifies to be licensed as a behavior analyst

 

 

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1if that person:
2        (1) has applied in writing or electronically on forms
3    prescribed by the Department;
4        (2) is of good moral character; in determining good
5    moral character, the Department may take into
6    consideration whether the applicant was engaged in conduct
7    or actions that would constitute grounds for discipline
8    under this Act;
9        (3) demonstrates to the satisfaction of the Department
10    that he or she has successfully completed a graduate degree
11    from a nationally or regionally accredited university
12    approved by the Department and core coursework related to
13    principles and application of applied behavior analysis;
14        (4) has met the supervised work experience required for
15    certification as a behavior analyst in effect at the time
16    the applicant passed the examination required in paragraph
17    (5);
18        (5) has passed the examination for the practice of
19    behavior analysis as authorized by the Department; and
20        (6) has paid the required fees.
21    (b) All applicants have 3 years after the date of
22application to complete the application process. If the process
23has not been completed in 3 years, the application shall be
24denied, the fee shall be forfeited, and the applicant must
25reapply and meet the requirements in effect at the time of
26reapplication.
 

 

 

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1    Section 30. Qualifications for assistant behavior analyst
2license.
3    (a) A person qualifies to be licensed as an assistant
4behavior analyst if that person:
5        (1) has applied in writing or electronically on forms
6    prescribed by the Department;
7        (2) is of good moral character; in determining good
8    moral character, the Department may take into
9    consideration whether the applicant was engaged in conduct
10    or actions that would constitute grounds for discipline
11    under this Act;
12        (3) demonstrates to the satisfaction of the Department
13    completion of a bachelor's degree from a nationally or
14    regionally accredited university approved by the
15    Department and core coursework related to principles and
16    application of applied behavior analysis;
17        (4) has met the supervised work experience required for
18    certification as an assistant behavior analyst in effect at
19    the time the applicant passed the examination required in
20    paragraph (5);
21        (5) has passed the examination for the practice of
22    behavior analysis as a licensed assistant behavior analyst
23    as authorized by the Department; and
24        (6) has paid the required fees.
25    (b) Applicants have 3 years after the date of application

 

 

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1to complete the application process. If the process has not
2been completed in 3 years, the application shall be denied, the
3fee shall be forfeited, and the applicant must reapply and meet
4the requirements in effect at the time of reapplication.
 
5    Section 35. Endorsement. The Department may issue a license
6as a behavior analyst or assistant behavior analyst to an
7applicant licensed under the laws of another jurisdiction if
8the requirements for licensure in that jurisdiction are, on the
9date of licensure, substantially equivalent to the
10requirements of this Act or to any person who, at the time of
11his or her licensure, possessed individual qualifications that
12were substantially equivalent to the requirements then in force
13in this State.
14    An applicant under this Section shall pay the required
15fees. An individual applying for licensure as a licensed
16behavior analyst or assistant behavior analyst who has been
17licensed in another United States jurisdiction for 10
18consecutive years without discipline is not required to submit
19proof of completion of the education, professional experience,
20and supervision required in Section 25 or 30.
21    Individuals with 10 consecutive years of experience must
22submit certified verification of licensure from the
23jurisdiction in which the applicant practiced and must comply
24with all other licensing requirements and pay all required
25fees. If the accuracy of any submitted documentation or the

 

 

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1relevance or sufficiency of the coursework or experience is
2questioned by the Department or the Board because of a lack of
3information, discrepancies or conflicts in information given,
4or a need for clarification, the applicant seeking licensure
5may be required to provide additional information.
6    Applicants under this Section have 3 years after the date
7of application to complete the application process. If the
8process has not been completed in 3 years, the application
9shall be denied, the fee shall be forfeited, and the applicant
10must reapply and meet the requirements in effect at the time of
11reapplication.
 
12    Section 40. Advisory Board of Behavior Analysts.
13    (a) The Secretary shall appoint an Advisory Board of
14Behavior Analysts consisting of 5 persons who shall serve in an
15advisory capacity to the Secretary. The Board shall consist of
16the following 5 members appointed by the Secretary: one
17licensed behavior analyst holding a doctoral degree, one
18licensed assistant behavior analyst, 2 licensed behavior
19analysts, and one public member not regulated under this Act or
20a similar Act and who clearly represents consumer interests.
21The Board shall serve in an advisory capacity.
22    (b) Members shall serve for a term of 4 years each, except
23that any person chosen to fill a vacancy shall be appointed
24only for the unexpired term of the Board member whom he or she
25shall succeed. Upon the expiration of this term of office, a

 

 

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1Board member shall continue to serve until a successor is
2appointed and qualified. No member shall serve more than 2
3consecutive 4-year terms.
4    (c) The membership of the Board should represent racial and
5cultural diversity and reasonably reflect representation from
6different geographic areas of Illinois.
7    (d) The Secretary may terminate the appointment of any
8member for cause.
9    (e) The Secretary may consider the recommendation of the
10Board on all matters and questions relating to this Act, such
11as: (i) matters relating to continuing education, including the
12number of hours necessary for license renewal, waivers for
13those unable to meet such requirements, and acceptable course
14content and (ii) rules for administration of this Act.
15    (f) The Board shall annually elect one of its members as
16chairperson and one as vice chairperson.
17    (g) Members of the Board shall be reimbursed for all
18legitimate, necessary, and authorized expenses.
19    (h) A majority of the Board members currently appointed
20shall constitute a quorum. A vacancy in the membership of the
21Board shall not impair the right of a quorum to perform all of
22the duties of the Board.
23    (i) Members of the Board shall have no liability in an
24action based upon a disciplinary proceeding or other activity
25performed in good faith as a member of the Board.
 

 

 

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1    Section 45. Licenses; renewal; restoration; person in
2military service; inactive status.
3    (a) The expiration date and renewal period for each license
4issued under this Act shall be set by rule. The licensee may
5renew a license during the 60-day period preceding its
6expiration date by paying the required fee and by demonstrating
7compliance with any continuing education requirements. The
8Department shall adopt rules establishing minimum requirements
9for continuing education and means for verification of the
10completion of the continuing education requirements. The
11Department may, by rule, specify circumstances under which the
12continuing education requirements may be waived.
13    (b) Any person who has permitted a license to expire or who
14has a license on inactive status may have it restored by
15submitting an application to the Department and filing proof of
16fitness, as defined by rule, to have the license restored,
17including, if appropriate, evidence that is satisfactory to the
18Department certifying the active practice of behavior analysis
19in another jurisdiction and by paying the required fee.
20    (c) If the person has not maintained an active practice in
21another jurisdiction that is satisfactory to the Department,
22the Department shall determine the person's fitness to resume
23active status. The Department may also require the person to
24complete a specific period of evaluated behavior analysis
25experience and may require successful completion of an
26examination.

 

 

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1    (d) Notwithstanding any other provision of this Act, any
2person whose license expired while on active duty with the
3armed forces of the United States, while called into service or
4training with the State Militia or in training or education
5under the supervision of the United States government prior to
6induction into the military service may have his or her license
7restored without paying any renewal fees if, within 2 years
8after the honorable termination of that service, training, or
9education, except under conditions other than honorable, the
10Department is furnished with satisfactory evidence that the
11person has been so engaged and that the service, training, or
12education has been so terminated.
13    (e) A license to practice shall not be denied any applicant
14because of the applicant's race, religion, creed, national
15origin, political beliefs or activities, age, sex, sexual
16orientation, or physical impairment.
17    (f) The Department shall indicate on each license the
18academic degree of the licensee.
 
19    Section 50. Suspension of license for failure to pay
20restitution. The Department, without further process or
21hearing, shall suspend the license or other authorization to
22practice of any person issued under this Act who has been
23certified by court order as not having paid restitution to a
24person under Section 8A-3.5 of the Illinois Public Aid Code or
25under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or

 

 

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1the Criminal Code of 2012. A person whose license or other
2authorization to practice is suspended under this Section is
3prohibited from practicing until the restitution is made in
4full.
 
5    Section 55. Grounds for disciplinary action.
6    (a) The Department may refuse to issue or renew a license,
7or may suspend, revoke, place on probation, reprimand, or take
8any other disciplinary or non-disciplinary action deemed
9appropriate by the Department, including the imposition of
10fines not to exceed $10,000 for each violation, with regard to
11any license issued under the provisions of this Act for any one
12or a combination of the following grounds:
13        (1) material misstatements in furnishing information
14    to the Department or to any other State agency or in
15    furnishing information to any insurance company with
16    respect to a claim on behalf of a licensee or a patient;
17        (2) violations or negligent or intentional disregard
18    of this Act or its rules;
19        (3) conviction of or entry of a plea of guilty or nolo
20    contendere, finding of guilt, jury verdict, or entry of
21    judgment or sentencing, including, but not limited to,
22    convictions, preceding sentences of supervision,
23    conditional discharge, or first offender probation, under
24    the laws of any jurisdiction of the United States that is
25    (i) a felony or (ii) a misdemeanor, an essential element of

 

 

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1    which is dishonesty, or that is directly related to the
2    practice of behavior analysis;
3        (4) fraud or misrepresentation in applying for or
4    procuring a license under this Act or in connection with
5    applying for renewal or restoration of a license under this
6    Act;
7        (5) professional incompetence;
8        (6) gross negligence in practice under this Act;
9        (7) aiding or assisting another person in violating any
10    provision of this Act or its rules;
11        (8) failing to provide information within 60 days in
12    response to a written request made by the Department;
13        (9) engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public as defined by the rules of the
16    Department or violating the rules of professional conduct
17    adopted by the Department;
18        (10) habitual or excessive use or abuse of drugs
19    defined in law as controlled substances, of alcohol, or of
20    any other substances that results in the inability to
21    practice with reasonable judgment, skill, or safety;
22        (11) adverse action taken by another state or
23    jurisdiction if at least one of the grounds for the
24    discipline is the same or substantially equivalent to those
25    set forth in this Section;
26        (12) directly or indirectly giving to or receiving from

 

 

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1    any person, firm, corporation, partnership, or association
2    any fee, commission, rebate, or other form of compensation
3    for any professional service not actually rendered;
4    nothing in this paragraph (12) affects any bona fide
5    independent contractor or employment arrangements among
6    health care professionals, health facilities, health care
7    providers, or other entities, except as otherwise
8    prohibited by law; any employment arrangements may include
9    provisions for compensation, health insurance, pension, or
10    other employment benefits for the provision of services
11    within the scope of the licensee's practice under this Act;
12    nothing in this paragraph (12) shall be construed to
13    require an employment arrangement to receive professional
14    fees for services rendered;
15        (13) a finding by the Department that the licensee,
16    after having the license placed on probationary status, has
17    violated the terms of probation or failed to comply with
18    those terms;
19        (14) abandonment, without cause, of a client;
20        (15) willfully making or filing false records or
21    reports relating to a licensee's practice, including, but
22    not limited to, false records filed with federal or State
23    agencies or departments;
24        (16) willfully failing to report an instance of
25    suspected child abuse or neglect as required by the Abused
26    and Neglected Child Reporting Act;

 

 

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1        (17) being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    under the Abused and Neglected Child Reporting Act, and
4    upon proof by clear and convincing evidence that the
5    licensee has caused a child to be an abused child or
6    neglected child as defined in the Abused and Neglected
7    Child Reporting Act;
8        (18) physical illness, mental illness, or any other
9    impairment or disability, including, but not limited to,
10    deterioration through the aging process, or loss of motor
11    skills that results in the inability to practice the
12    profession with reasonable judgment, skill, or safety;
13        (19) solicitation of professional services by using
14    false or misleading advertising;
15        (20) violation of the Health Care Worker Self-Referral
16    Act;
17        (21) willfully failing to report an instance of
18    suspected abuse, neglect, financial exploitation, or
19    self-neglect of an eligible adult as defined in and
20    required by the Adult Protective Services Act; or
21        (22) being named as an abuser in a verified report by
22    the Department on Aging under the Adult Protective Services
23    Act, and upon proof by clear and convincing evidence that
24    the licensee abused, neglected, or financially exploited
25    an eligible adult as defined in the Adult Protective
26    Services Act.

 

 

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1    (b) The determination by a court that a licensee is subject
2to involuntary admission or judicial admission as provided in
3the Mental Health and Developmental Disabilities Code shall
4result in an automatic suspension of his or her license. Such
5suspension shall end upon a finding by a court that the
6licensee is no longer subject to involuntary admission or
7judicial admission and issues an order so finding and
8discharging the patient, and upon the recommendation of the
9Board to the Secretary that the licensee be allowed to resume
10professional practice.
11    (c) The Department shall refuse to issue or renew or may
12suspend the license of a person who (i) fails to file a return,
13pay the tax, penalty, or interest shown in a filed return, or
14pay any final assessment of tax, penalty, or interest, as
15required by any tax Act administered by the Department of
16Revenue, until the requirements of the tax Act are satisfied or
17(ii) has failed to pay any court-ordered child support as
18determined by a court order or by referral from the Department
19of Healthcare and Family Services.
20    (d) In enforcing this Section, the Department or Board,
21upon a showing of a possible violation, may compel a person
22licensed to practice under this Act, or who has applied for
23licensure under this Act, to submit to a mental or physical
24examination, or both, which may include a substance abuse or
25sexual offender evaluation, as required by and at the expense
26of the Department.

 

 

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1        (1) The Department shall specifically designate the
2    examining physician licensed to practice medicine in all of
3    its branches or, if applicable, the multidisciplinary team
4    involved in providing the mental or physical examination or
5    both. The multidisciplinary team shall be led by a
6    physician licensed to practice medicine in all of its
7    branches and may consist of one or more or a combination of
8    physicians licensed to practice medicine in all of its
9    branches, licensed clinical psychologists, licensed
10    clinical behavior analysts, licensed clinical professional
11    counselors, and other professional and administrative
12    staff. Any examining physician or member of the
13    multidisciplinary team may require any person ordered to
14    submit to an examination pursuant to this Section to submit
15    to any additional supplemental testing deemed necessary to
16    complete any examination or evaluation process, including,
17    but not limited to, blood testing, urinalysis,
18    psychological testing, or neuropsychological testing.
19        (2) The Board or the Department may order the examining
20    physician or any member of the multidisciplinary team to
21    present testimony concerning this mental or physical
22    examination of the licensee or applicant. No information,
23    report, record, or other documents in any way related to
24    the examination shall be excluded by reason of any common
25    law or statutory privilege relating to communications
26    between the licensee or applicant and the examining

 

 

10100HB2710ham001- 23 -LRB101 07779 SPS 64942 a

1    physician or any member of the multidisciplinary team. No
2    authorization is necessary from the licensee or applicant
3    ordered to undergo an examination for the examining
4    physician or any member of the multidisciplinary team to
5    provide information, reports, records, or other documents
6    or to provide any testimony regarding the examination and
7    evaluation.
8        (3) The person to be examined may have, at his or her
9    own expense, another physician of his or her choice present
10    during all aspects of the examination. However, that
11    physician shall be present only to observe and may not
12    interfere in any way with the examination.
13        (4) Failure of any person to submit to a mental or
14    physical examination without reasonable cause, when
15    ordered, shall result in an automatic suspension of his or
16    her license until the person submits to the examination.
17    (e) If the Department or Board finds a person unable to
18practice because of the reasons set forth in this Section, the
19Department or Board may require that person to submit to care,
20counseling, or treatment by physicians approved or designated
21by the Department or Board, as a condition, term, or
22restriction for continued, reinstated, or renewed licensure to
23practice; or, in lieu of care, counseling, or treatment, the
24Department may file, or the Board may recommend to the
25Department to file, a complaint to immediately suspend, revoke,
26or otherwise discipline the license of the person. Any person

 

 

10100HB2710ham001- 24 -LRB101 07779 SPS 64942 a

1whose license was granted, continued, reinstated, renewed,
2disciplined, or supervised subject to such terms, conditions,
3or restrictions, and who fails to comply with such terms,
4conditions, or restrictions, shall be referred to the Secretary
5for a determination as to whether the person shall have his or
6her license suspended immediately, pending a hearing by the
7Department.
8    (f) All fines imposed shall be paid within 60 days after
9the effective date of the order imposing the fine or in
10accordance with the terms set forth in the order imposing the
11fine.
12    If the Secretary immediately suspends a person's license
13under this Section, a hearing on that person's license must be
14convened by the Department within 30 days after the suspension
15and completed without appreciable delay. The Department and
16Board shall have the authority to review the subject person's
17record of treatment and counseling regarding the impairment, to
18the extent permitted by applicable federal statutes and
19regulations safeguarding the confidentiality of medical
20records.
21    A person licensed under this Act and affected under this
22Section shall be afforded an opportunity to demonstrate to the
23Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
 

 

 

10100HB2710ham001- 25 -LRB101 07779 SPS 64942 a

1    Section 60. Illinois Administrative Procedure Act. The
2Illinois Administrative Procedure Act is hereby expressly
3adopted and incorporated in this Act as if all of the
4provisions of the Illinois Administrative Procedure Act were
5included in this Act, except that the provision of subsection
6(d) of Section 10-65 of the Illinois Administrative Procedure
7Act is expressly excluded, which provides that at hearings the
8license holder has the right to show compliance with all lawful
9requirements for retention, continuation, or renewal of a
10license. For the purposes of this Act, the notice required
11under Section 10-25 of the Illinois Administrative Procedure
12Act is deemed sufficient when served personally upon, mailed to
13the last known address of record of, or emailed to the email
14address of record of a party.
 
15    Section 65. Unlicensed practice; violation; civil penalty.
16    (a) Any person who practices, offers to practice, attempts
17to practice, or holds himself or herself out to practice as a
18licensed behavior analyst or licensed assistant behavior
19analyst without being licensed or exempt under this Act shall,
20in addition to any other penalty provided by law, pay a civil
21penalty to the Department in an amount not to exceed $10,000
22for each offense, as determined by the Department. The civil
23penalty shall be assessed by the Department after a hearing is
24held in accordance with the provisions set forth in this Act
25regarding the provision of a hearing for the discipline of a

 

 

10100HB2710ham001- 26 -LRB101 07779 SPS 64942 a

1licensee.
2    (b) The Department may investigate any actual, alleged, or
3suspected unlicensed activity.
4    (c) The civil penalty shall be paid within 60 days after
5the effective date of the order imposing the civil penalty. The
6order shall constitute a final judgment and may be filed and
7execution had thereon in the same manner as any judgment from
8any court of record.
 
9    Section 70. Violations; injunction; cease and desist
10order.
11    (a) If an individual violates a provision of this Act, the
12Secretary may, in the name of the People of the State of
13Illinois, through the Attorney General of the State of Illinois
14or the State's Attorney of the county in which the violation is
15alleged to have occurred, petition for an order enjoining the
16violation or for an order enforcing compliance with this Act.
17Upon the filing of a verified petition, the court with
18appropriate jurisdiction may issue a temporary restraining
19order without notice or bond, and may preliminarily and
20permanently enjoin the violation. If it is established that the
21individual has violated or is violating the injunction, the
22court may punish the offender for contempt of court.
23Proceedings under this Section are in addition to all other
24remedies and penalties provided by this Act.
25    (b) If an individual holds himself or herself out as being

 

 

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1a licensed behavior analyst or a licensed assistant behavior
2analyst under this Act and is not licensed to do so, then any
3licensed behavior analyst, licensed assistant behavior
4analyst, interested party, or any person injured thereby may
5petition for relief as provided in subsection (a) of this
6Section.
7    (c) Whenever, in the opinion of the Department, an
8individual violates a provision of this Act, the Department may
9issue a rule to show cause why an order to cease and desist
10should not be entered against that person. The rule shall
11clearly set forth the grounds relied upon by the Department and
12shall allow at least 7 days from the date of the rule to file an
13answer satisfactory to the Department. Failure to answer to the
14satisfaction of the Department shall cause an order to cease
15and desist to be issued.
 
16    Section 75. Powers and duties of the Department.
17    (a) The Department shall exercise the powers and duties
18prescribed by the Civil Administrative Code of Illinois for the
19administration of licensure Acts and shall exercise other
20powers and duties necessary for effectuating the purposes of
21this Act.
22    (b) The Department shall adopt rules to administer and
23enforce this Act, including, but not limited to, fees for
24original licensure and renewal and restoration of licenses, and
25may prescribe forms to be issued to implement this Act. At a

 

 

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1minimum, the rules adopted by the Department shall include
2standards and criteria for licensure and for professional
3conduct and discipline. The Department may consult with the
4Board in adopting rules. The Department may at any time seek
5the advice and expert knowledge of the Board on any matter
6relating to the administration of this Act.
7    (c) Subject to the provisions of this Act, the Department
8shall:
9        (1) Authorize examinations to ascertain the
10    qualifications and fitness of applicants for licensing as
11    licensed behavior analysts or licensed assistant behavior
12    analysts and pass upon the qualifications of applicants for
13    licensure by endorsement.
14        (2) Conduct hearings or proceedings to refuse to issue
15    or renew or to revoke licenses or suspend, place on
16    probation, censure, or reprimand or take any other
17    disciplinary or nondisciplinary action with regard to a
18    person licensed under this Act.
19        (3) Adopt rules required for the administration of this
20    Act.
21    (d) All information collected by the Department in the
22course of an examination or investigation of a licensee or
23applicant, including, but not limited to, any complaint against
24a licensee filed with the Department and information collected
25to investigate any such complaint, shall be maintained for the
26confidential use of the Department and shall not be disclosed.

 

 

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1The Department may not disclose the information to anyone other
2than law enforcement officials, other regulatory agencies that
3have an appropriate regulatory interest as determined by the
4Secretary, or to a party presenting a lawful subpoena to the
5Department. Information and documents disclosed to a federal,
6State, county, or local law enforcement agency shall not be
7disclosed by the agency for any purpose to any other agency or
8person. A formal complaint filed against a licensee by the
9Department or any order issued by the Department against a
10licensee or applicant shall be a public record, except as
11otherwise prohibited by law.
 
12    Section 80. Investigations; notice; hearing.
13    (a) The Department may investigate the actions of any
14applicant or of any person holding or claiming to hold a
15license under this Act.
16    (b) The Department shall, before disciplining an applicant
17or licensee, at least 30 days prior to the date set for the
18hearing: (i) notify, in writing, the accused of the charges
19made and the time and place for the hearing on the charges,
20(ii) direct him or her to file a written answer to the charges
21under oath within 20 days after the service of the notice, and
22(iii) inform the applicant or licensee that failure to file an
23answer will result in a default being entered against the
24applicant or licensee.
25    (c) Written or electronic notice, and any notice in the

 

 

10100HB2710ham001- 30 -LRB101 07779 SPS 64942 a

1subsequent proceeding, may be served by personal delivery, by
2email, or by mail to the applicant or licensee at his or her
3address of record or email address of record.
4    (d) At the time and place fixed in the notice, the Board or
5hearing officer appointed by the Secretary shall proceed to
6hear the charges and the parties or their counsel shall be
7accorded ample opportunity to present any statements,
8testimony, evidence and argument as may be pertinent to the
9charges or to their defense. The Board or hearing officer may
10continue the hearing from time to time.
11    (e) If the person, after receiving the notice, fails to
12file an answer, his or her license may, in the discretion of
13the Secretary, having first received the recommendation of the
14Board, be suspended, revoked, or placed on probationary status,
15or be subject to whatever disciplinary action the Secretary
16considers proper, including limiting the scope, nature, or
17extent of the person's practice or the imposition of a fine,
18without hearing, if the act or acts charged constitute
19sufficient grounds for that action under this Act.
20    (f) Notwithstanding any other provision of this Act, the
21Secretary has the authority to appoint any attorney duly
22licensed to practice law in the State of Illinois to serve as
23the hearing officer in any action for refusal to issue or renew
24a license or to discipline a licensee. The hearing officer
25shall have full authority to conduct the hearing. The hearing
26officer shall report his or her findings of fact, conclusions

 

 

10100HB2710ham001- 31 -LRB101 07779 SPS 64942 a

1of law, and recommendations to the Board and to the Secretary.
 
2    Section 85. Subpoenas; depositions; oaths. The Department
3shall have the power to subpoena and to bring before it any
4person and to take testimony either orally or by deposition, or
5both, with the same fees and mileage and in the same manner as
6prescribed in civil cases in the courts of this State.
7    The Secretary, the designated hearing officer, and every
8member of the Board shall have power to administer oaths to
9witnesses at any hearing which the Department is authorized to
10conduct, and any other oaths authorized in any Act administered
11by the Department.
 
12    Section 90. Compelling testimony. Any court, upon
13application of the Department, designated hearing officer, or
14the applicant or licensee against whom proceedings under
15Section 55 are pending, may enter an order requiring the
16attendance of witnesses and their testimony, and the production
17of documents, papers, files, books and records in connection
18with any hearing or investigation. The court may compel
19obedience to its order by proceedings for contempt.
 
20    Section 95. Record of proceedings; transcript.
21    (a) The Department, at its expense, shall preserve a record
22of all proceedings at any formal hearing of any case. The
23notice of hearing, complaint and all other documents in the

 

 

10100HB2710ham001- 32 -LRB101 07779 SPS 64942 a

1nature of pleadings and written motions filed in the
2proceedings, the transcript of testimony, the report of the
3Board, and the orders of the Department shall be the record of
4the proceedings. The Department shall furnish a copy of the
5record to any person upon payment of the fee required under
6Section 2105-115 of the Department of Professional Regulation
7Law of the Civil Administrative Code of Illinois.
8    (b) The Board or the hearing officer appointed by the
9Secretary shall hear evidence in support of the formal charges
10and evidence produced by the licensee. At the conclusion of the
11hearing, the Board shall present to the Secretary a written
12report of its findings of fact, conclusions of law, and
13recommendations.
 
14    Section 100. Findings and recommendations. At the
15conclusion of the hearing the Board shall present to the
16Secretary a written report of its findings of fact, conclusions
17of law and recommendations. The report shall contain a finding
18whether or not the licensee violated this Act or failed to
19comply with the conditions required in this Act. The Board
20shall specify the nature of the violation or failure to comply,
21and shall make its recommendations to the Secretary.
22    The report of findings of fact, conclusions of law, and
23recommendation of the Board shall be the basis for the
24Department's order or refusal or for the granting of the
25license.
 

 

 

10100HB2710ham001- 33 -LRB101 07779 SPS 64942 a

1    Section 105. Motion for rehearing. At the conclusion of the
2hearing, a copy of the Board or hearing officer's report shall
3be served to the applicant or licensee by the Department,
4either personally or as provided in this Act for the service of
5a notice of hearing. Within 20 calendar days after service, the
6applicant or licensee may present to the Department a motion in
7writing for a rehearing, which shall specify the particular
8grounds for rehearing. The Department may respond to the motion
9for rehearing within 20 calendar days after its service on the
10Department. If no motion for rehearing is filed, then after the
11expiration of the time specified for filing such motion, or
12upon denial of a motion for rehearing, the Secretary may enter
13an order in accordance with the recommendation of the Board or
14hearing officer. If the applicant or licensee orders from the
15reporting service and pays for a transcript of the record
16within the time for filing a motion for rehearing, the 20-day
17period within which a motion may be filed shall commence upon
18the delivery of the transcript to the applicant or licensee.
 
19    Section 110. Restoration. At any time after the successful
20completion of a term of probation, suspension, or revocation of
21any license, the Department may restore the license to the
22licensee upon the written recommendation of the Board unless
23after an investigation and hearing the Board or Department
24determines that restoration is not in the public interest.

 

 

10100HB2710ham001- 34 -LRB101 07779 SPS 64942 a

1Where circumstances of suspension or revocation so indicate,
2the Department may require an examination of the licensee prior
3to restoring his or her license. No person whose license has
4been revoked as authorized in this Act may apply for
5restoration of that license until such time as provided for in
6the Civil Administrative Code of Illinois.
 
7    Section 115. Surrender of license. Upon the revocation or
8suspension of any license, the licensee shall immediately
9surrender his or her license to the Department. If the licensee
10fails to do so, the Department shall have the right to seize
11the license.
 
12    Section 120. Summary suspension of a license. The Secretary
13may summarily suspend the license of a licensed behavior
14analyst or assistant behavior analyst without a hearing
15simultaneously with the institution of proceedings for a
16hearing provided for in this Act if the Secretary finds that
17evidence in his or her possession indicates that a licensee's
18continuation in practice would constitute an imminent danger to
19the public. In the event the Secretary summarily suspends such
20license without a hearing, a hearing by the Board or Department
21shall be held within 30 calendar days after the suspension has
22occurred.
 
23    Section 125. Administrative review.

 

 

10100HB2710ham001- 35 -LRB101 07779 SPS 64942 a

1    (a) All final administrative decisions of the Department
2hereunder shall be subject to judicial review pursuant to the
3provisions of the Administrative Review Law, and all amendments
4and modifications thereof, and the rules adopted pursuant
5thereto. The term "administrative decision" is defined as in
6Section 3-101 of the Code of Civil Procedure.
7    (b) Proceedings for judicial review shall be commenced in
8the circuit court of the county in which the party applying for
9review resides, but if the party is not a resident of Illinois,
10the venue shall be in Sangamon County.
 
11    Section 130. Certification of record. The Department shall
12not be required to certify any record to the court, file any
13answer in court, or otherwise appear in any judicial review
14proceedings, unless and until the Department has received from
15the plaintiff payment of the costs of furnishing and certifying
16the record, which costs shall be determined by the Department.
17Failure on the part of the plaintiff to file a receipt in court
18shall be grounds for dismissal of the action.
 
19    Section 135. Fees. The Department shall provide by rule for
20a schedule of fees for the administration and enforcement of
21this Act, including, but not limited to, original licensure,
22registration, renewal, and restoration. The fees shall be
23nonrefundable.
24    All fees, fines, and penalties collected under this Act

 

 

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1shall be deposited into the General Professions Dedicated Fund
2and shall be appropriated to the Department for the ordinary
3and contingent expenses of the Department in the administration
4of this Act.
 
5    Section 900. The Regulatory Sunset Act is amended by adding
6Section 4.41 as follows:
 
7    (5 ILCS 80/4.41 new)
8    Sec. 4.41. Act repealed on January 1, 2031. The following
9Act is repealed on January 1, 2031:
10    The Behavior Analyst Licensing Act.
 
11    Section 905. The Adult Protective Services Act is amended
12by changing Section 2 as follows:
 
13    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
14    Sec. 2. Definitions. As used in this Act, unless the
15context requires otherwise:
16    (a) "Abuse" means causing any physical, mental or sexual
17injury to an eligible adult, including exploitation of such
18adult's financial resources.
19    Nothing in this Act shall be construed to mean that an
20eligible adult is a victim of abuse, neglect, or self-neglect
21for the sole reason that he or she is being furnished with or
22relies upon treatment by spiritual means through prayer alone,

 

 

10100HB2710ham001- 37 -LRB101 07779 SPS 64942 a

1in accordance with the tenets and practices of a recognized
2church or religious denomination.
3    Nothing in this Act shall be construed to mean that an
4eligible adult is a victim of abuse because of health care
5services provided or not provided by licensed health care
6professionals.
7    (a-5) "Abuser" means a person who abuses, neglects, or
8financially exploits an eligible adult.
9    (a-6) "Adult with disabilities" means a person aged 18
10through 59 who resides in a domestic living situation and whose
11disability as defined in subsection (c-5) impairs his or her
12ability to seek or obtain protection from abuse, neglect, or
13exploitation.
14    (a-7) "Caregiver" means a person who either as a result of
15a family relationship, voluntarily, or in exchange for
16compensation has assumed responsibility for all or a portion of
17the care of an eligible adult who needs assistance with
18activities of daily living or instrumental activities of daily
19living.
20    (b) "Department" means the Department on Aging of the State
21of Illinois.
22    (c) "Director" means the Director of the Department.
23    (c-5) "Disability" means a physical or mental disability,
24including, but not limited to, a developmental disability, an
25intellectual disability, a mental illness as defined under the
26Mental Health and Developmental Disabilities Code, or dementia

 

 

10100HB2710ham001- 38 -LRB101 07779 SPS 64942 a

1as defined under the Alzheimer's Disease Assistance Act.
2    (d) "Domestic living situation" means a residence where the
3eligible adult at the time of the report lives alone or with
4his or her family or a caregiver, or others, or other
5community-based unlicensed facility, but is not:
6        (1) A licensed facility as defined in Section 1-113 of
7    the Nursing Home Care Act;
8        (1.5) A facility licensed under the ID/DD Community
9    Care Act;
10        (1.6) A facility licensed under the MC/DD Act;
11        (1.7) A facility licensed under the Specialized Mental
12    Health Rehabilitation Act of 2013;
13        (2) A "life care facility" as defined in the Life Care
14    Facilities Act;
15        (3) A home, institution, or other place operated by the
16    federal government or agency thereof or by the State of
17    Illinois;
18        (4) A hospital, sanitarium, or other institution, the
19    principal activity or business of which is the diagnosis,
20    care, and treatment of human illness through the
21    maintenance and operation of organized facilities
22    therefor, which is required to be licensed under the
23    Hospital Licensing Act;
24        (5) A "community living facility" as defined in the
25    Community Living Facilities Licensing Act;
26        (6) (Blank);

 

 

10100HB2710ham001- 39 -LRB101 07779 SPS 64942 a

1        (7) A "community-integrated living arrangement" as
2    defined in the Community-Integrated Living Arrangements
3    Licensure and Certification Act or a "community
4    residential alternative" as licensed under that Act;
5        (8) An assisted living or shared housing establishment
6    as defined in the Assisted Living and Shared Housing Act;
7    or
8        (9) A supportive living facility as described in
9    Section 5-5.01a of the Illinois Public Aid Code.
10    (e) "Eligible adult" means either an adult with
11disabilities aged 18 through 59 or a person aged 60 or older
12who resides in a domestic living situation and is, or is
13alleged to be, abused, neglected, or financially exploited by
14another individual or who neglects himself or herself.
15"Eligible adult" also includes an adult who resides in any of
16the facilities that are excluded from the definition of
17"domestic living situation" under paragraphs (1) through (9) of
18subsection (d), if either: (i) the alleged abuse or neglect
19occurs outside of the facility and not under facility
20supervision and the alleged abuser is a family member,
21caregiver, or another person who has a continuing relationship
22with the adult; or (ii) the alleged financial exploitation is
23perpetrated by a family member, caregiver, or another person
24who has a continuing relationship with the adult, but who is
25not an employee of the facility where the adult resides.
26    (f) "Emergency" means a situation in which an eligible

 

 

10100HB2710ham001- 40 -LRB101 07779 SPS 64942 a

1adult is living in conditions presenting a risk of death or
2physical, mental or sexual injury and the provider agency has
3reason to believe the eligible adult is unable to consent to
4services which would alleviate that risk.
5    (f-1) "Financial exploitation" means the use of an eligible
6adult's resources by another to the disadvantage of that adult
7or the profit or advantage of a person other than that adult.
8    (f-5) "Mandated reporter" means any of the following
9persons while engaged in carrying out their professional
10duties:
11        (1) a professional or professional's delegate while
12    engaged in: (i) social services, (ii) law enforcement,
13    (iii) education, (iv) the care of an eligible adult or
14    eligible adults, or (v) any of the occupations required to
15    be licensed under the Behavior Analyst Licensing Act, the
16    Clinical Psychologist Licensing Act, the Clinical Social
17    Work and Social Work Practice Act, the Illinois Dental
18    Practice Act, the Dietitian Nutritionist Practice Act, the
19    Marriage and Family Therapy Licensing Act, the Medical
20    Practice Act of 1987, the Naprapathic Practice Act, the
21    Nurse Practice Act, the Nursing Home Administrators
22    Licensing and Disciplinary Act, the Illinois Occupational
23    Therapy Practice Act, the Illinois Optometric Practice Act
24    of 1987, the Pharmacy Practice Act, the Illinois Physical
25    Therapy Act, the Physician Assistant Practice Act of 1987,
26    the Podiatric Medical Practice Act of 1987, the Respiratory

 

 

10100HB2710ham001- 41 -LRB101 07779 SPS 64942 a

1    Care Practice Act, the Professional Counselor and Clinical
2    Professional Counselor Licensing and Practice Act, the
3    Illinois Speech-Language Pathology and Audiology Practice
4    Act, the Veterinary Medicine and Surgery Practice Act of
5    2004, and the Illinois Public Accounting Act;
6        (1.5) an employee of an entity providing developmental
7    disabilities services or service coordination funded by
8    the Department of Human Services;
9        (2) an employee of a vocational rehabilitation
10    facility prescribed or supervised by the Department of
11    Human Services;
12        (3) an administrator, employee, or person providing
13    services in or through an unlicensed community based
14    facility;
15        (4) any religious practitioner who provides treatment
16    by prayer or spiritual means alone in accordance with the
17    tenets and practices of a recognized church or religious
18    denomination, except as to information received in any
19    confession or sacred communication enjoined by the
20    discipline of the religious denomination to be held
21    confidential;
22        (5) field personnel of the Department of Healthcare and
23    Family Services, Department of Public Health, and
24    Department of Human Services, and any county or municipal
25    health department;
26        (6) personnel of the Department of Human Services, the

 

 

10100HB2710ham001- 42 -LRB101 07779 SPS 64942 a

1    Guardianship and Advocacy Commission, the State Fire
2    Marshal, local fire departments, the Department on Aging
3    and its subsidiary Area Agencies on Aging and provider
4    agencies, and the Office of State Long Term Care Ombudsman;
5        (7) any employee of the State of Illinois not otherwise
6    specified herein who is involved in providing services to
7    eligible adults, including professionals providing medical
8    or rehabilitation services and all other persons having
9    direct contact with eligible adults;
10        (8) a person who performs the duties of a coroner or
11    medical examiner; or
12        (9) a person who performs the duties of a paramedic or
13    an emergency medical technician.
14    (g) "Neglect" means another individual's failure to
15provide an eligible adult with or willful withholding from an
16eligible adult the necessities of life including, but not
17limited to, food, clothing, shelter or health care. This
18subsection does not create any new affirmative duty to provide
19support to eligible adults. Nothing in this Act shall be
20construed to mean that an eligible adult is a victim of neglect
21because of health care services provided or not provided by
22licensed health care professionals.
23    (h) "Provider agency" means any public or nonprofit agency
24in a planning and service area that is selected by the
25Department or appointed by the regional administrative agency
26with prior approval by the Department on Aging to receive and

 

 

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1assess reports of alleged or suspected abuse, neglect, or
2financial exploitation. A provider agency is also referenced as
3a "designated agency" in this Act.
4    (i) "Regional administrative agency" means any public or
5nonprofit agency in a planning and service area that provides
6regional oversight and performs functions as set forth in
7subsection (b) of Section 3 of this Act. The Department shall
8designate an Area Agency on Aging as the regional
9administrative agency or, in the event the Area Agency on Aging
10in that planning and service area is deemed by the Department
11to be unwilling or unable to provide those functions, the
12Department may serve as the regional administrative agency or
13designate another qualified entity to serve as the regional
14administrative agency; any such designation shall be subject to
15terms set forth by the Department.
16    (i-5) "Self-neglect" means a condition that is the result
17of an eligible adult's inability, due to physical or mental
18impairments, or both, or a diminished capacity, to perform
19essential self-care tasks that substantially threaten his or
20her own health, including: providing essential food, clothing,
21shelter, and health care; and obtaining goods and services
22necessary to maintain physical health, mental health,
23emotional well-being, and general safety. The term includes
24compulsive hoarding, which is characterized by the acquisition
25and retention of large quantities of items and materials that
26produce an extensively cluttered living space, which

 

 

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1significantly impairs the performance of essential self-care
2tasks or otherwise substantially threatens life or safety.
3    (j) "Substantiated case" means a reported case of alleged
4or suspected abuse, neglect, financial exploitation, or
5self-neglect in which a provider agency, after assessment,
6determines that there is reason to believe abuse, neglect, or
7financial exploitation has occurred.
8    (k) "Verified" means a determination that there is "clear
9and convincing evidence" that the specific injury or harm
10alleged was the result of abuse, neglect, or financial
11exploitation.
12(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
 
13    Section 910. The Abused and Neglected Child Reporting Act
14is amended by changing Section 4 as follows:
 
15    (325 ILCS 5/4)
16    Sec. 4. Persons required to report; privileged
17communications; transmitting false report.
18    (a) The following persons are required to immediately
19report to the Department when they have reasonable cause to
20believe that a child known to them in their professional or
21official capacities may be an abused child or a neglected
22child:
23        (1) Medical personnel, including any: physician
24    licensed to practice medicine in any of its branches

 

 

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1    (medical doctor or doctor of osteopathy); resident;
2    intern; medical administrator or personnel engaged in the
3    examination, care, and treatment of persons; psychiatrist;
4    surgeon; dentist; dental hygienist; chiropractic
5    physician; podiatric physician; physician assistant;
6    emergency medical technician; acupuncturist; registered
7    nurse; licensed practical nurse; advanced practice
8    registered nurse; genetic counselor; respiratory care
9    practitioner; home health aide; or certified nursing
10    assistant.
11        (2) Social services and mental health personnel,
12    including any: licensed professional counselor; licensed
13    clinical professional counselor; licensed social worker;
14    licensed clinical social worker; licensed psychologist or
15    assistant working under the direct supervision of a
16    psychologist; associate licensed marriage and family
17    therapist; licensed marriage and family therapist; field
18    personnel of the Departments of Healthcare and Family
19    Services, Public Health, Human Services, Human Rights, or
20    Children and Family Services; supervisor or administrator
21    of the General Assistance program established under
22    Article VI of the Illinois Public Aid Code; social services
23    administrator; or substance abuse treatment personnel.
24        (3) Crisis intervention personnel, including any:
25    crisis line or hotline personnel; or domestic violence
26    program personnel.

 

 

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1        (4) Education personnel, including any: school
2    personnel (including administrators and certified and
3    non-certified school employees); personnel of institutions
4    of higher education; educational advocate assigned to a
5    child in accordance with the School Code; member of a
6    school board or the Chicago Board of Education or the
7    governing body of a private school (but only to the extent
8    required under subsection (d)); or truant officer.
9        (5) Recreation or athletic program or facility
10    personnel.
11        (6) Child care personnel, including any: early
12    intervention provider as defined in the Early Intervention
13    Services System Act; director or staff assistant of a
14    nursery school or a child day care center; or foster
15    parent, homemaker, or child care worker.
16        (7) Law enforcement personnel, including any: law
17    enforcement officer; field personnel of the Department of
18    Juvenile Justice; field personnel of the Department of
19    Corrections; probation officer; or animal control officer
20    or field investigator of the Department of Agriculture's
21    Bureau of Animal Health and Welfare.
22        (8) Any funeral home director; funeral home director
23    and embalmer; funeral home employee; coroner; or medical
24    examiner.
25        (9) Any member of the clergy.
26        (10) Any physician, physician assistant, registered

 

 

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1    nurse, licensed practical nurse, medical technician,
2    certified nursing assistant, licensed social worker,
3    licensed clinical social worker, licensed behavior
4    analyst, licensed assistant behavior analyst, or licensed
5    professional counselor of any office, clinic, or any other
6    physical location that provides abortions, abortion
7    referrals, or contraceptives.
8    (b) When 2 or more persons who work within the same
9workplace and are required to report under this Act share a
10reasonable cause to believe that a child may be an abused or
11neglected child, one of those reporters may be designated to
12make a single report. The report shall include the names and
13contact information for the other mandated reporters sharing
14the reasonable cause to believe that a child may be an abused
15or neglected child. The designated reporter must provide
16written confirmation of the report to those mandated reporters
17within 48 hours. If confirmation is not provided, those
18mandated reporters are individually responsible for
19immediately ensuring a report is made. Nothing in this Section
20precludes or may be used to preclude any person from reporting
21child abuse or child neglect.
22    (c)(1) As used in this Section, "a child known to them in
23their professional or official capacities" means:
24        (A) the mandated reporter comes into contact with the
25    child in the course of the reporter's employment or
26    practice of a profession, or through a regularly scheduled

 

 

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1    program, activity, or service;
2        (B) the mandated reporter is affiliated with an agency,
3    institution, organization, school, school district,
4    regularly established church or religious organization, or
5    other entity that is directly responsible for the care,
6    supervision, guidance, or training of the child; or
7        (C) a person makes a specific disclosure to the
8    mandated reporter that an identifiable child is the victim
9    of child abuse or child neglect, and the disclosure happens
10    while the mandated reporter is engaged in his or her
11    employment or practice of a profession, or in a regularly
12    scheduled program, activity, or service.
13    (2) Nothing in this Section requires a child to come before
14the mandated reporter in order for the reporter to make a
15report of suspected child abuse or child neglect.
16    (d) If an allegation is raised to a school board member
17during the course of an open or closed school board meeting
18that a child who is enrolled in the school district of which he
19or she is a board member is an abused child as defined in
20Section 3 of this Act, the member shall direct or cause the
21school board to direct the superintendent of the school
22district or other equivalent school administrator to comply
23with the requirements of this Act concerning the reporting of
24child abuse. For purposes of this paragraph, a school board
25member is granted the authority in his or her individual
26capacity to direct the superintendent of the school district or

 

 

10100HB2710ham001- 49 -LRB101 07779 SPS 64942 a

1other equivalent school administrator to comply with the
2requirements of this Act concerning the reporting of child
3abuse.
4    Notwithstanding any other provision of this Act, if an
5employee of a school district has made a report or caused a
6report to be made to the Department under this Act involving
7the conduct of a current or former employee of the school
8district and a request is made by another school district for
9the provision of information concerning the job performance or
10qualifications of the current or former employee because he or
11she is an applicant for employment with the requesting school
12district, the general superintendent of the school district to
13which the request is being made must disclose to the requesting
14school district the fact that an employee of the school
15district has made a report involving the conduct of the
16applicant or caused a report to be made to the Department, as
17required under this Act. Only the fact that an employee of the
18school district has made a report involving the conduct of the
19applicant or caused a report to be made to the Department may
20be disclosed by the general superintendent of the school
21district to which the request for information concerning the
22applicant is made, and this fact may be disclosed only in cases
23where the employee and the general superintendent have not been
24informed by the Department that the allegations were unfounded.
25An employee of a school district who is or has been the subject
26of a report made pursuant to this Act during his or her

 

 

10100HB2710ham001- 50 -LRB101 07779 SPS 64942 a

1employment with the school district must be informed by that
2school district that if he or she applies for employment with
3another school district, the general superintendent of the
4former school district, upon the request of the school district
5to which the employee applies, shall notify that requesting
6school district that the employee is or was the subject of such
7a report.
8    (e) Whenever such person is required to report under this
9Act in his capacity as a member of the staff of a medical or
10other public or private institution, school, facility or
11agency, or as a member of the clergy, he shall make report
12immediately to the Department in accordance with the provisions
13of this Act and may also notify the person in charge of such
14institution, school, facility or agency, or church, synagogue,
15temple, mosque, or other religious institution, or his
16designated agent that such report has been made. Under no
17circumstances shall any person in charge of such institution,
18school, facility or agency, or church, synagogue, temple,
19mosque, or other religious institution, or his designated agent
20to whom such notification has been made, exercise any control,
21restraint, modification or other change in the report or the
22forwarding of such report to the Department.
23    (f) In addition to the persons required to report suspected
24cases of child abuse or child neglect under this Section, any
25other person may make a report if such person has reasonable
26cause to believe a child may be an abused child or a neglected

 

 

10100HB2710ham001- 51 -LRB101 07779 SPS 64942 a

1child.
2    (g) The privileged quality of communication between any
3professional person required to report and his patient or
4client shall not apply to situations involving abused or
5neglected children and shall not constitute grounds for failure
6to report as required by this Act or constitute grounds for
7failure to share information or documents with the Department
8during the course of a child abuse or neglect investigation. If
9requested by the professional, the Department shall confirm in
10writing that the information or documents disclosed by the
11professional were gathered in the course of a child abuse or
12neglect investigation.
13    The reporting requirements of this Act shall not apply to
14the contents of a privileged communication between an attorney
15and his or her client or to confidential information within the
16meaning of Rule 1.6 of the Illinois Rules of Professional
17Conduct relating to the legal representation of an individual
18client.
19    A member of the clergy may claim the privilege under
20Section 8-803 of the Code of Civil Procedure.
21    (h) Any office, clinic, or any other physical location that
22provides abortions, abortion referrals, or contraceptives
23shall provide to all office personnel copies of written
24information and training materials about abuse and neglect and
25the requirements of this Act that are provided to employees of
26the office, clinic, or physical location who are required to

 

 

10100HB2710ham001- 52 -LRB101 07779 SPS 64942 a

1make reports to the Department under this Act, and instruct
2such office personnel to bring to the attention of an employee
3of the office, clinic, or physical location who is required to
4make reports to the Department under this Act any reasonable
5suspicion that a child known to him or her in his or her
6professional or official capacity may be an abused child or a
7neglected child.
8    (i) Any person who enters into employment on and after July
91, 1986 and is mandated by virtue of that employment to report
10under this Act, shall sign a statement on a form prescribed by
11the Department, to the effect that the employee has knowledge
12and understanding of the reporting requirements of this Act. On
13and after January 1, 2019, the statement shall also include
14information about available mandated reporter training
15provided by the Department. The statement shall be signed prior
16to commencement of the employment. The signed statement shall
17be retained by the employer. The cost of printing,
18distribution, and filing of the statement shall be borne by the
19employer.
20    (j) Persons required to report child abuse or child neglect
21as provided under this Section must complete an initial
22mandated reporter training within 3 months of their date of
23engagement in a professional or official capacity as a mandated
24reporter, or within the time frame of any other applicable
25State law that governs training requirements for a specific
26profession, and at least every 3 years thereafter. The initial

 

 

10100HB2710ham001- 53 -LRB101 07779 SPS 64942 a

1requirement only applies to the first time they engage in their
2professional or official capacity. In lieu of training every 3
3years, medical personnel, as listed in paragraph (1) of
4subsection (a), must meet the requirements described in
5subsection (k).
6    The trainings shall be in-person or web-based, and shall
7include, at a minimum, information on the following topics: (i)
8indicators for recognizing child abuse and child neglect, as
9defined under this Act; (ii) the process for reporting
10suspected child abuse and child neglect in Illinois as required
11by this Act and the required documentation; (iii) responding to
12a child in a trauma-informed manner; and (iv) understanding the
13response of child protective services and the role of the
14reporter after a call has been made. Child-serving
15organizations are encouraged to provide in-person annual
16trainings.
17    The mandated reporter training shall be provided through
18the Department, through an entity authorized to provide
19continuing education for professionals licensed through the
20Department of Financial and Professional Regulation, the State
21Board of Education, the Illinois Law Enforcement Training
22Standards Board, or the Department of State Police, or through
23an organization approved by the Department to provide mandated
24reporter training. The Department must make available a free
25web-based training for reporters.
26    Each mandated reporter shall report to his or her employer

 

 

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1and, when applicable, to his or her licensing or certification
2board that he or she received the mandated reporter training.
3The mandated reporter shall maintain records of completion.
4    Beginning January 1, 2021, if a mandated reporter receives
5licensure from the Department of Financial and Professional
6Regulation or the State Board of Education, and his or her
7profession has continuing education requirements, the training
8mandated under this Section shall count toward meeting the
9licensee's required continuing education hours.
10    (k)(1) Medical personnel, as listed in paragraph (1) of
11subsection (a), who work with children in their professional or
12official capacity, must complete mandated reporter training at
13least every 6 years. Such medical personnel, if licensed, must
14attest at each time of licensure renewal on their renewal form
15that they understand they are a mandated reporter of child
16abuse and neglect, that they are aware of the process for
17making a report, that they know how to respond to a child in a
18trauma-informed manner, and that they are aware of the role of
19child protective services and the role of a reporter after a
20call has been made.
21    (2) In lieu of repeated training, medical personnel, as
22listed in paragraph (1) of subsection (a), who do not work with
23children in their professional or official capacity, may
24instead attest each time at licensure renewal on their renewal
25form that they understand they are a mandated reporter of child
26abuse and neglect, that they are aware of the process for

 

 

10100HB2710ham001- 55 -LRB101 07779 SPS 64942 a

1making a report, that they know how to respond to a child in a
2trauma-informed manner, and that they are aware of the role of
3child protective services and the role of a reporter after a
4call has been made. Nothing in this paragraph precludes medical
5personnel from completing mandated reporter training and
6receiving continuing education credits for that training.
7    (l) The Department shall provide copies of this Act, upon
8request, to all employers employing persons who shall be
9required under the provisions of this Section to report under
10this Act.
11    (m) Any person who knowingly transmits a false report to
12the Department commits the offense of disorderly conduct under
13subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
14A violation of this provision is a Class 4 felony.
15    Any person who knowingly and willfully violates any
16provision of this Section other than a second or subsequent
17violation of transmitting a false report as described in the
18preceding paragraph, is guilty of a Class A misdemeanor for a
19first violation and a Class 4 felony for a second or subsequent
20violation; except that if the person acted as part of a plan or
21scheme having as its object the prevention of discovery of an
22abused or neglected child by lawful authorities for the purpose
23of protecting or insulating any person or entity from arrest or
24prosecution, the person is guilty of a Class 4 felony for a
25first offense and a Class 3 felony for a second or subsequent
26offense (regardless of whether the second or subsequent offense

 

 

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1involves any of the same facts or persons as the first or other
2prior offense).
3    (n) A child whose parent, guardian or custodian in good
4faith selects and depends upon spiritual means through prayer
5alone for the treatment or cure of disease or remedial care may
6be considered neglected or abused, but not for the sole reason
7that his parent, guardian or custodian accepts and practices
8such beliefs.
9    (o) A child shall not be considered neglected or abused
10solely because the child is not attending school in accordance
11with the requirements of Article 26 of the School Code, as
12amended.
13    (p) Nothing in this Act prohibits a mandated reporter who
14reasonably believes that an animal is being abused or neglected
15in violation of the Humane Care for Animals Act from reporting
16animal abuse or neglect to the Department of Agriculture's
17Bureau of Animal Health and Welfare.
18    (q) A home rule unit may not regulate the reporting of
19child abuse or neglect in a manner inconsistent with the
20provisions of this Section. This Section is a limitation under
21subsection (i) of Section 6 of Article VII of the Illinois
22Constitution on the concurrent exercise by home rule units of
23powers and functions exercised by the State.
24    (r) For purposes of this Section "child abuse or neglect"
25includes abuse or neglect of an adult resident as defined in
26this Act.

 

 

10100HB2710ham001- 57 -LRB101 07779 SPS 64942 a

1(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19;
2101-564, eff. 1-1-20.)
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".