Full Text of HB1970 100th General Assembly
HB1970eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Behavior Analyst Licensing Act. | 6 | | Section 5. Public policy. The practice of applied behavior | 7 | | analysis is declared to affect the public health, safety, and | 8 | | welfare and to be subject to regulation in the public interest. | 9 | | The purpose of this Act is to protect and benefit the public by | 10 | | setting standards of qualifications, education, training, and | 11 | | experience for those who seek to obtain a license and hold the | 12 | | title of "behavior analyst" or "assistant behavior analyst", to | 13 | | promote high standards of professional performance for those | 14 | | licensed to practice applied behavior analysis in the State of | 15 | | Illinois, and to protect the public from unprofessional conduct | 16 | | by persons licensed to practice applied behavior analysis. | 17 | | Section 10. Definitions. As used in this Act: | 18 | | "Applied behavior analysis" means the design, | 19 | | implementation, and evaluation of environmental modifications | 20 | | using behavioral stimuli and consequences to produce socially | 21 | | significant improvement in human behavior, including the use of | 22 | | direct observation, measurement, and functional analysis of |
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| 1 | | the relations between environment and behavior. "Applied | 2 | | behavior 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 | 16 | | under this Act to engage in practice as an assistant behavior | 17 | | analyst. | 18 | | "Behavior analyst" means an individual licensed to engage | 19 | | in the practice of applied behavior analysis. | 20 | | "Behavior technician" means a noncredentialed individual | 21 | | who delivers applied behavior analysis services under the | 22 | | delegation and supervision of a behavior analyst. | 23 | | "Behavioral health treatment" means evidence-based | 24 | | counseling and treatment programs, including applied behavior | 25 | | analysis, that are (i) necessary to develop, maintain, or | 26 | | restore, to the maximum extent practicable, the functioning of |
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| 1 | | an individual and
(ii) provided or supervised by a | 2 | | board-certified behavior analyst or a licensed psychologist so | 3 | | long as the services performed are commensurate with the | 4 | | psychologist's formal university training and supervised | 5 | | experience. | 6 | | "Department" means the Department of Financial and | 7 | | Professional Regulation.
| 8 | | "Practice as an assistant behavior analyst" means the | 9 | | practice of applied behavior analysis under the supervision of | 10 | | a behavior analyst. | 11 | | "Secretary" means the Secretary of Financial and | 12 | | Professional Regulation. | 13 | | "Sexual offense" means an offense that would require an | 14 | | individual to be subject to registration under the Sex Offender | 15 | | Registration Act. | 16 | | Section 15. License required. | 17 | | (a) Beginning 2 years after the effective date of rules | 18 | | adopted by the Department to implement this Act, an individual | 19 | | shall not engage in the practice of applied behavior analysis | 20 | | or practice as an assistant behavior analyst unless licensed | 21 | | under this Act. | 22 | | (b) Beginning 2 years after the effective date of rules | 23 | | adopted by the Department to implement this Act, an individual | 24 | | shall not use the titles "behavior analyst", "B.A.", "licensed | 25 | | behavior analyst", "L.B.A.", "assistant behavior analyst", |
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| 1 | | "A.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", | 2 | | or similar words or letters that indicate that he or she is | 3 | | licensed as a behavior analyst or assistant behavior analyst | 4 | | unless 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 | 17 | | effective date of this Act, is engaging in the practice of | 18 | | applied behavior analysis under the medical assistance program | 19 | | under the Illinois Public Aid Code while that individual is | 20 | | seeking the education, training, and experience necessary to | 21 | | obtain a license under this Act and only while the individual | 22 | | is providing applied behavior analysis to children in the | 23 | | provision of home and community-based services. | 24 | | Section 20. Qualifications for licensure as a behavior | 25 | | analyst. The Department shall issue a license as a behavior |
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| 1 | | analyst to an individual who, on or before the effective date | 2 | | of this Act, had the credentials as a certified behavior | 3 | | analyst conferred for applied behavior analysis by the Behavior | 4 | | Analyst Certification Board and who applies for licensure as a | 5 | | behavior analyst within one year after the effective date of | 6 | | the rules adopted by the Department to implement this Act. Each | 7 | | applicant for licensure as a behavior analyst shall have his or | 8 | | her fingerprints submitted to the Department of State Police in | 9 | | the form and manner prescribed by the Department of State | 10 | | Police. These fingerprints shall be electronically transmitted | 11 | | through a live scan fingerprint vendor licensed by the | 12 | | Department. These fingerprints shall be checked against the | 13 | | Department of State Police and the Federal Bureau of | 14 | | Investigation criminal history record information database now | 15 | | and hereafter filed. The Department of State Police shall | 16 | | charge a fee for conducting the criminal history records check, | 17 | | which shall be deposited in the State Police Services Fund and | 18 | | shall not exceed the actual cost of the Illinois and national | 19 | | criminal history record check. The Department of State Police | 20 | | shall furnish, pursuant to positive identification, records of | 21 | | all Illinois convictions to the Department. | 22 | | Section 25. Qualifications for licensure as an assistant | 23 | | behavior analyst. The Department shall issue a license as an | 24 | | assistant behavior analyst to an individual who, on or before | 25 | | the effective date of this Act, had the credentials as a |
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| 1 | | certified assistant behavior analyst conferred for applied | 2 | | behavior analysis by the Behavior Analyst Certification Board | 3 | | and who applies for licensure as an assistant behavior analyst | 4 | | within one year after the effective date of the rules adopted | 5 | | by the Department to implement this Act. Each applicant for | 6 | | licensure as an assistant behavior analyst shall have his or | 7 | | her fingerprints submitted to the Department of State Police in | 8 | | the form and manner prescribed by the Department of State | 9 | | Police. These fingerprints shall be electronically transmitted | 10 | | through a live scan fingerprint vendor licensed by the | 11 | | Department. These fingerprints shall be checked against the | 12 | | Department of State Police and the Federal Bureau of | 13 | | Investigation criminal history record information database now | 14 | | and hereafter filed. The Department of State Police shall | 15 | | charge a fee for conducting the criminal history records check, | 16 | | which shall be deposited in the State Police Services Fund and | 17 | | shall not exceed the actual cost of the Illinois and national | 18 | | criminal history record check. The Department of State Police | 19 | | shall furnish, pursuant to positive identification, records of | 20 | | all Illinois convictions to the Department. | 21 | | Section 30. Board of Behavior Analysts. The Board of | 22 | | Behavior Analysts is created within the Department of Financial | 23 | | and Professional Regulation. The Board shall consist of the | 24 | | following members appointed by the Secretary: | 25 | | (1) four behavior analysts, 3 of whom provide clinical |
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| 1 | | services; | 2 | | (2) one individual who is affiliated with a public | 3 | | university in this State as an instructor or researcher in | 4 | | applied behavior analysis; | 5 | | (3) one assistant behavior analyst; | 6 | | (4) one physician licensed to practice medicine in all | 7 | | its branches who works with patients with autism spectrum | 8 | | disorders or brain injuries; and | 9 | | (5) two public members. | 10 | | The initial members of the Board who are behavior analysts | 11 | | must be certified as behavior analysts by the Behavior Analyst | 12 | | Certification Board and the initial member of the Board who is | 13 | | an assistant behavior analyst must be certified as an assistant | 14 | | behavior analyst by the Behavior Analyst Certification Board. | 15 | | Board members shall serve for a term of 4 years, except | 16 | | that, of the initial appointments, 3 members shall serve for a | 17 | | term of 2 years, 3 members shall serve for a term of 3 years, | 18 | | and 3 members shall serve for a term of 4 years. | 19 | | Section 35. Rules; minimum standards for licensure; | 20 | | renewal. Within 2 years after the effective date of this Act, | 21 | | the Department, in consultation with the Board of Behavior | 22 | | Analysts, shall adopt rules that establish the minimum | 23 | | standards for licensure as a behavior analyst and an assistant | 24 | | behavior analyst. For purposes of this Section, the Department | 25 | | may adopt in its rules the professional standards, in whole or |
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| 1 | | in part, adopted by the Behavior Analyst Certification Board as | 2 | | its standards. Until rules are adopted under this Section, the | 3 | | Department shall use the standards adopted by the Behavior | 4 | | Analyst Certification Board that are in effect on the effective | 5 | | date of this Act. | 6 | | The Department shall include in its rules adopted under | 7 | | this Act that an application for a license under this Act will | 8 | | be denied if the applicant's criminal history records check | 9 | | reveals that he or she was convicted of a sexual offense and | 10 | | that a licensee's license will be permanently revoked if he or | 11 | | she is convicted of a sexual offense while licensed under this | 12 | | Act. | 13 | | The Department may include in its rules adopted under this | 14 | | Act a requirement that a licensee seeking to renew his or her | 15 | | license must furnish evidence that he or she is current on his | 16 | | or her certification by the Behavior Analyst Certification | 17 | | Board. In addition, the Department may require by rule that an | 18 | | assistant behavior analyst furnish evidence that he or she is | 19 | | practicing under the supervision of a licensed behavior | 20 | | analyst. | 21 | | Section 40. Behavior technicians. An individual shall not | 22 | | act as a behavior technician in this State unless he or she has | 23 | | had a criminal history records check conducted by the | 24 | | Department and the criminal history records check does not | 25 | | reveal any criminal history record information for that |
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| 1 | | individual. Each applicant for licensure as a behavior | 2 | | technician shall have his or her fingerprints submitted to the | 3 | | Department of State Police in the form and manner prescribed by | 4 | | the Department of State Police. These fingerprints shall be | 5 | | electronically transmitted through a live scan fingerprint | 6 | | vendor licensed by the Department. These fingerprints shall be | 7 | | checked against the Department of State Police and the Federal | 8 | | Bureau of Investigation criminal history record information | 9 | | database now and hereafter filed. The Department of State | 10 | | Police shall charge a fee for conducting the criminal history | 11 | | records check, which shall be deposited in the State Police | 12 | | Services Fund and shall not exceed the actual cost of the | 13 | | Illinois and national criminal history record check. The | 14 | | Department of State Police shall furnish, pursuant to positive | 15 | | identification, records of all Illinois convictions to the | 16 | | Department. | 17 | | A behavior technician shall not use the words, titles, or | 18 | | letters indicating that he or she is a behavior analyst or an | 19 | | assistant behavior analyst or that he or she is engaging in the | 20 | | practice of applied behavior analysis. A behavior technician | 21 | | shall use a title that indicates his or her noncredentialed | 22 | | status, including "Behavior Technician", "ABA Technician", or | 23 | | "Tutor".
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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