99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1895

 

Introduced 2/20/2015, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Behavior Analyst Licensing Act. Provides that, beginning 2 years after the effective date of rules adopted by the Department of Financial and Professional Regulation, an individual shall not engage in the practice of applied behavior analysis or practice as an assistant behavior analyst unless licensed under the Act. Provides exemptions from the Act. Provides qualifications for licensure as a behavior analyst or assistant behavior analyst. Creates the Board of Behavior Analysts within the Department of Financial and Professional Regulation. Requires that, within 2 years after the effective date of the Act, the Department, in consultation with the Board, adopt rules that establish the minimum standards for licensure as a behavior analyst and an assistant behavior analyst. Provides that an individual shall not act as a behavior technician (a noncredentialed individual who delivers applied behavior analysis services under the delegation and supervision of a behavior analyst) in this State unless he or she has had a criminal history records check conducted by the Department and the criminal history records check does not reveal any criminal history record information for that individual. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1895LRB099 05456 HAF 25491 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Behavior Analyst Licensing Act.
 
6    Section 5. Public policy. The practice of applied behavior
7analysis is declared to affect the public health, safety, and
8welfare and to be subject to regulation in the public interest.
9The purpose of this Act is to protect and benefit the public by
10setting standards of qualifications, education, training, and
11experience for those who seek to obtain a license and hold the
12title of "behavior analyst" or "assistant behavior analyst", to
13promote high standards of professional performance for those
14licensed to practice applied behavior analysis in the State of
15Illinois, and to protect the public from unprofessional conduct
16by persons licensed to practice applied behavior analysis.
 
17    Section 10. Definitions. As used in this Act:
18    "Applied behavior analysis" means the design,
19implementation, and evaluation of environmental modifications
20using behavioral stimuli and consequences to produce socially
21significant improvement in human behavior, including the use of
22direct observation, measurement, and functional analysis of

 

 

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1the relations between environment and behavior. "Applied
2behavior analysis" does not include:
3        (1) the practice of medicine, the practice of
4    osteopathic medicine and surgery, or medical diagnosis or
5    treatment;
6        (2) the practice of speech-language pathology;
7        (3) the practice of physical therapy;
8        (4) the practice of occupational therapy;
9        (5) psychological testing, including standardized
10    testing for intelligence or personality;
11        (6) diagnosis of a mental or physical disorder; or
12        (7) the practice of neuropsychology, psychotherapy,
13    cognitive therapy, sex therapy, psychoanalysis,
14    hypnotherapy, or counseling as treatment modalities.
15    "Assistant behavior analyst" means an individual licensed
16under this Act to engage in practice as an assistant behavior
17analyst.
18    "Behavior analyst" means an individual licensed to engage
19in the practice of applied behavior analysis.
20    "Behavior technician" means a noncredentialed individual
21who delivers applied behavior analysis services under the
22delegation and supervision of a behavior analyst.
23    "Behavioral health treatment" means evidence-based
24counseling and treatment programs, including applied behavior
25analysis, that are (i) necessary to develop, maintain, or
26restore, to the maximum extent practicable, the functioning of

 

 

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1an individual and (ii) provided or supervised by a
2board-certified behavior analyst or a licensed psychologist so
3long as the services performed are commensurate with the
4psychologist's formal university training and supervised
5experience.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Practice as an assistant behavior analyst" means the
9practice of applied behavior analysis under the supervision of
10a behavior analyst.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    "Sexual offense" means an offense that would require an
14individual to be subject to registration under the Sex Offender
15Registration Act.
 
16    Section 15. License required.
17    (a) Beginning 2 years after the effective date of rules
18adopted by the Department to implement this Act, an individual
19shall not engage in the practice of applied behavior analysis
20or practice as an assistant behavior analyst unless licensed
21under this Act.
22    (b) Beginning 2 years after the effective date of rules
23adopted by the Department to implement this Act, an individual
24shall not use the titles "behavior analyst", "B.A.", "licensed
25behavior analyst", "L.B.A.", "assistant behavior analyst",

 

 

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

 

 

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1        (5) An individual who is a matriculated student at a
2    nationally accredited university approved in rules or who
3    is a postdoctoral fellow from performing activities that
4    are considered to be the practice of applied behavior
5    analysis under this Act if the activities are part of a
6    defined behavior analysis program of study or practicum
7    approved by Department rule and if the student or fellow is
8    directly supervised by an individual who is (A) licensed as
9    a behavior analyst under this Act or (B) appointed as the
10    instructor of a course sequence approved by the Behavior
11    Analyst Certification Board or other certification board.
12        (6) An individual who is not licensed under this Act
13    from pursuing experience requirements for applied behavior
14    analysis credentials if the experience is supervised by an
15    individual who is licensed as a behavioral analyst.
16    (d) This Act does not apply to an individual who, on the
17effective date of this Act, is engaging in the practice of
18applied behavior analysis under the medical assistance program
19under the Illinois Public Aid Code while that individual is
20seeking the education, training, and experience necessary to
21obtain a license under this Act and only while the individual
22is providing applied behavior analysis to children in the
23provision of home and community-based services.
 
24    Section 20. Qualifications for licensure as a behavior
25analyst. The Department shall issue a license as a behavior

 

 

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1analyst to an individual who, on or before the effective date
2of this Act, had the credentials as a certified behavior
3analyst conferred for applied behavior analysis by the Behavior
4Analyst Certification Board and who applies for licensure as a
5behavior analyst within one year after the effective date of
6the rules adopted by the Department to implement this Act.
 
7    Section 25. Qualifications for licensure as an assistant
8behavior analyst. The Department shall issue a license as an
9assistant behavior analyst to an individual who, on or before
10the effective date of this Act, had the credentials as a
11certified assistant behavior analyst conferred for applied
12behavior analysis by the Behavior Analyst Certification Board
13and who applies for licensure as an assistant behavior analyst
14within one year after the effective date of the rules adopted
15by the Department to implement this Act.
 
16    Section 30. Board of Behavior Analysts. The Board of
17Behavior Analysts is created within the Department of Financial
18and Professional Regulation. The Board shall consist of the
19following members appointed by the Secretary:
20        (1) four behavior analysts, 3 of whom provide clinical
21    services;
22        (2) one individual who is affiliated with a public
23    university in this State as an instructor or researcher in
24    applied behavior analysis;

 

 

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1        (3) one assistant behavior analyst;
2        (4) one physician licensed to practice medicine in all
3    its branches who works with patients with autism spectrum
4    disorders or brain injuries; and
5        (5) two public members.
6    The initial members of the Board who are behavior analysts
7must be certified as behavior analysts by the Behavior Analyst
8Certification Board and the initial member of the Board who is
9an assistant behavior analyst must be certified as an assistant
10behavior analyst by the Behavior Analyst Certification Board.
11    Board members shall serve for a term of 4 years, except
12that, of the initial appointments, 3 members shall serve for a
13term of 2 years, 3 members shall serve for a term of 3 years,
14and 3 members shall serve for a term of 4 years.
 
15    Section 35. Rules; minimum standards for licensure;
16renewal. Within 2 years after the effective date of this Act,
17the Department, in consultation with the Board of Behavior
18Analysts, shall adopt rules that establish the minimum
19standards for licensure as a behavior analyst and an assistant
20behavior analyst. For purposes of this Section, the Department
21may adopt in its rules the professional standards, in whole or
22in part, adopted by the Behavior Analyst Certification Board as
23its standards. Until rules are adopted under this Section, the
24Department shall use the standards adopted by the Behavior
25Analyst Certification Board that are in effect on the effective

 

 

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1date of this Act.
2    The Department shall include in its rules adopted under
3this Act that an application for a license under this Act will
4be denied if the applicant's criminal history records check
5reveals that he or she was convicted of a sexual offense and
6that a licensee's license will be permanently revoked if he or
7she is convicted of a sexual offense while licensed under this
8Act.
9    The Department may include in its rules adopted under this
10Act a requirement that a licensee seeking to renew his or her
11license must furnish evidence that he or she is current on his
12or her certification by the Behavior Analyst Certification
13Board. In addition, the Department may require by rule that an
14assistant behavior analyst furnish evidence that he or she is
15practicing under the supervision of a licensed behavior
16analyst.
 
17    Section 40. Behavior technicians. An individual shall not
18act as a behavior technician in this State unless he or she has
19had a criminal history records check conducted by the
20Department and the criminal history records check does not
21reveal any criminal history record information for that
22individual.
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.