Illinois General Assembly - Full Text of HB4769
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Full Text of HB4769  102nd General Assembly


Rep. Deb Conroy

Filed: 2/25/2022





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2    AMENDMENT NO. ______. Amend House Bill 4769 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 public health, safety, and
8welfare and is 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, to protect the public from the practice
16of applied behavior analysis by unqualified persons and from



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1unprofessional conduct by persons licensed to practice applied
2behavior 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 applied behavior analysis" means the design,
23implementation, and evaluation of instructional and
24environmental modifications to produce socially significant
25improvement in human behavior. "Practice of applied behavior



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1analysis" includes the empirical identification of functional
2relations between behavior environmental factors, known as
3functional assessment 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. The practice of applied behavior analysis excludes
12the diagnosis of disorders, psychological testing,
13psychotherapy, cognitive therapy, psychoanalysis, and
15    "Secretary" means the Secretary of Financial and
16Professional Regulation.
17    Section 15. Address of record; email address of record.
18All applicants and licensees shall:
19        (1) provide a valid address and email address to the
20    Department, which shall serve as the address of record and
21    email address of record, respectively, at the time of
22    application for licensure or renewal of a license; and
23        (2) inform the Department of any change of address of
24    record or email address of record within 14 days after the
25    change, either through the Department's website or by



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1    contacting the Department's licensure maintenance unit.
2    Section 20. License required; exemptions.
3    (a) Beginning 24 months after the effective date of this
4Act, an individual shall not engage in the practice of applied
5behavior analysis unless licensed under this Act or covered by
6an exemption under subsection (c).
7    (a-5) An individual licensed under this Act as an
8assistant behavior analyst shall not engage in the practice of
9applied behavior analysis unless supervised by a licensed
10clinical psychologist or licensed behavior analyst.
11    (b) Beginning 24 months after the effective date of this
12Act, an individual shall not use the title "licensed behavior
13analyst", "L.B.A.", "licensed assistant behavior analyst",
14"L.A.B.A.", or similar words or letters indicating the
15individual is licensed as a behavior analyst or assistant
16behavior analyst unless the individual is actually licensed
17under this Act.
18    (c) This Act does not prohibit any of the following:
19        (1) Self-care by a patient or uncompensated care by a
20    friend or family member who does not represent or hold
21    oneself out to be a behavior analyst or assistant behavior
22    analyst.
23        (2) An individual from implementing a behavior
24    analytic treatment plan under the extended authority,
25    direction, and supervision of a licensed behavior analyst



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1    or licensed assistant behavior analyst.
2        (3) A clinical psychologist, social worker, or
3    psychiatric nurse, from performing or advertising
4    activities that are considered to be the practice of
5    applied behavior analysis under this Act if the activities
6    are consistent with the laws of this State, the
7    individual's training, and any code of ethics of the
8    individual's respective professions, 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 nonhumans,
14    including applied animal behaviorists and animal trainers.
15    The individual may use the title "behavior analyst" but
16    shall not represent oneself as a licensed behavior analyst
17    or licensed assistant behavior analyst unless the
18    individual holds a license issued by the State.
19        (5) An individual who provides general applied
20    behavior analysis services to organizations, so long as
21    the services are for the benefit of the organizations and
22    do not involve direct services to individuals. The
23    individual may use the title "behavior analyst" but may
24    not represent oneself as a licensed behavior analyst or
25    licensed assistant behavior analyst unless the individual
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 State
17    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    the duties required for individuals with intellectual or
4    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
8    does 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 under the medical assistance program
16under the Illinois Public Aid Code while that individual is
17seeking the education, training, and experience necessary to
18obtain a license under this Act.
19    Section 23. Applications for original license. An
20application for original licenses shall be made to the
21Department on forms or electronically as prescribed by the
22Department and accompanied by the required fee, which shall
23not be refundable. All applications shall contain information
24which, in the judgment of the Department, will enable the
25Department to pass on the qualifications of the applicant for



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



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1    prescribed by the Department;
2        (2) is of good moral character; in determining good
3    moral character, the Department may take into
4    consideration whether the applicant was engaged in conduct
5    or actions that would constitute grounds for discipline
6    under this Act;
7        (3) demonstrates to the satisfaction of the Department
8    that the person has successfully completed a graduate
9    degree from a nationally or regionally accredited
10    university approved by the Department and core coursework
11    related to principles and application of applied behavior
12    analysis;
13        (4) has successfully completed at least 500 hours of
14    supervised professional experience subsequent to obtaining
15    the degree as established by rule. If no supervision by a
16    licensed behavior analyst is available, then supervised
17    professional experience may include supervision by other
18    appropriate disciplines as defined by rule. If no
19    supervised work experience was required for certification
20    as a behavior analyst at the time the applicant passed the
21    examination required in paragraph (5) prior to the
22    effective date of this Act, then the person does not need
23    to satisfy this requirement to be licensed in the State.
24    While completing supervised hours, any person who seeks to
25    become a licensed behavior analyst with the Department
26    shall be issued a temporary license as an associate



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1    licensed behavior analyst by the Department if the person
2    meets the qualifications set forth in paragraphs (1), (2),
3    (3), (5), and (6) of subsection (a). The license as an
4    associate licensed behavior analyst shall not be valid for
5    more than 5 years;
6        (5) has passed the examination for the practice of
7    behavior analysis as authorized by the Department; and
8        (6) has paid the required fees.
9    (b) An applicant has 3 years after the date of application
10to complete the application process. If the process has not
11been completed in 3 years, the application shall be denied,
12the fee shall be forfeited, and the applicant must reapply and
13meet the requirements in effect at the time of reapplication.
14    Section 30. Qualifications for assistant behavior analyst
16    (a) A person qualifies to be licensed as an assistant
17behavior analyst if that person:
18        (1) has applied in writing or electronically on forms
19    prescribed by the Department;
20        (2) is of good moral character; in determining good
21    moral character, the Department may take into
22    consideration whether the applicant was engaged in conduct
23    or actions that would constitute grounds for discipline
24    under this Act;
25        (3) demonstrates to the satisfaction of the Department



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1    completion of a bachelor's degree from a nationally or
2    regionally accredited university approved by the
3    Department and core coursework related to principles and
4    application of applied behavior analysis;
5        (4) has met the supervised work experience required
6    for certification as an assistant behavior analyst in
7    effect at the time the applicant passed the examination
8    required in paragraph (5);
9        (5) has passed the examination for the practice of
10    behavior analysis as a licensed assistant behavior analyst
11    as authorized by the Department; and
12        (6) has paid the required fees.
13    (b) An applicant has 3 years after the date of application
14to complete the application process. If the process has not
15been completed in 3 years, the application shall be denied,
16the fee shall be forfeited, and the applicant must reapply and
17meet the requirements in effect at the time of reapplication.
18    (c) Each applicant for licensure as an assistant behavior
19analyst shall have his or her fingerprints submitted to the
20Illinois State Police in an electronic format that complies
21with the form and manner for requesting and furnishing
22criminal history record information as prescribed by the
23Illinois State Police. These fingerprints shall be transmitted
24through a live scan fingerprint vendor licensed by the
25Department. These fingerprints shall be checked against the
26Illinois State Police and Federal Bureau of Investigation



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1criminal history record databases now and hereafter filed,
2including, but not limited to, civil, criminal, and latent
3fingerprint databases. The Illinois State Police shall charge
4a fee for conducting the criminal history records check, which
5shall be deposited in the State Police Services Fund and shall
6not exceed the actual cost of the records check. The Illinois
7State Police shall furnish, pursuant to positive
8identification, records of Illinois convictions as prescribed
9under the Illinois Uniform Conviction Information Act and
10shall forward the national criminal history record information
11to the Department.
12    Section 35. Endorsement. The Department may issue a
13license as a behavior analyst or assistant behavior analyst to
14an applicant licensed under the laws of another jurisdiction
15if the requirements for licensure in that jurisdiction are, on
16the date of licensure, substantially equivalent to the
17requirements of this Act or to any person who, at the time of
18the applicant's licensure, possessed individual qualifications
19that were substantially equivalent to the requirements then in
20force in this State.
21    An applicant under this Section shall pay the required
22fees. An individual applying for licensure as a licensed
23behavior analyst or assistant behavior analyst who has been
24licensed in another United States jurisdiction for 10
25consecutive years without discipline is not required to submit



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1proof of completion of the education, professional experience,
2and supervision required in Section 25 or 30.
3    An individual with 10 consecutive years of experience must
4submit certified verification of licensure from the
5jurisdiction in which the applicant practiced and must comply
6with all other licensing requirements and pay all required
7fees. If the accuracy of any submitted documentation or the
8relevance or sufficiency of the coursework or experience is
9questioned by the Department or the Board because of a lack of
10information, discrepancies or conflicts in information given,
11or a need for clarification, the applicant seeking licensure
12may be required to provide additional information.
13    An applicant has 3 years after the date of application to
14complete the application process. If the process has not been
15completed in 3 years, the application shall be denied, the fee
16shall be forfeited, and the applicant must reapply and meet
17the requirements in effect at the time of reapplication.
18    Section 40. Advisory Board of Behavior Analysts.
19    (a) The Secretary shall appoint an Advisory Board of
20Behavior Analysts consisting of 5 persons who shall serve in
21an advisory capacity to the Secretary. The Board shall consist
22of the following 5 members appointed by the Secretary: one
23licensed behavior analyst holding a doctoral degree, one
24licensed assistant behavior analyst, 2 licensed behavior
25analysts, and one public member not regulated under this Act



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1or a similar Act and who clearly represents consumer
2interests. The Board shall serve in an advisory capacity.
3    (b) Members shall serve for a term of 4 years each, except
4that any person chosen to fill a vacancy shall be appointed
5only for the unexpired term of the Board member whom the person
6shall succeed. Upon the expiration of this term of office, a
7Board member shall continue to serve until a successor is
8appointed and qualified. No member shall serve more than 2
9consecutive 4-year terms.
10    (c) The membership of the Board should represent racial
11and cultural diversity and reasonably reflect representation
12from different geographic areas of the State.
13    (d) The Secretary may terminate the appointment of any
14member for cause.
15    (e) The Secretary may consider the recommendation of the
16Board on all matters and questions relating to this Act, such
17as: (i) matters relating to continuing education, including
18the number of hours necessary for license renewal, waivers for
19those unable to meet such requirements, and acceptable course
20content; and (ii) rules for the administration of this Act.
21    (f) The Board shall annually elect one of its members as
22chairperson and one as vice chairperson.
23    (g) Members of the Board shall be reimbursed for all
24legitimate, necessary, and authorized expenses.
25    (h) A majority of the Board members currently appointed
26shall constitute a quorum. A vacancy in the membership of the



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1Board shall not impair the right of a quorum to perform all of
2the duties of the Board.
3    (i) Members of the Board shall have no liability in an
4action based upon a disciplinary proceeding or other activity
5performed in good faith as a member of the Board.
6    Section 45. Licenses; renewal; restoration; person in
7military service; inactive status.
8    (a) The expiration date and renewal period for each
9license issued under this Act shall be set by rule. The
10licensee may renew a license during the 60-day period
11preceding its expiration date by paying the required fee and
12by demonstrating compliance with any continuing education
13requirements. The Department shall adopt rules establishing
14minimum requirements for continuing education and means for
15verification of the completion of the continuing education
16requirements. The Department may, by rule, specify
17circumstances under which the continuing education
18requirements may be waived.
19    (b) Any person who has permitted a license to expire or who
20has a license on inactive status may have it restored by
21submitting an application to the Department and filing proof
22of fitness, as defined by rule, to have the license restored,
23including, if appropriate, evidence that is satisfactory to
24the Department certifying the active practice of behavior
25analysis in another jurisdiction and by paying the required



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2    (c) If the person has not maintained an active practice in
3another jurisdiction that is satisfactory to the Department,
4the Department shall determine the person's fitness to resume
5active status. The Department may also require the person to
6complete a specific period of evaluated behavior analysis
7experience and may require successful completion of an
9    (d) Notwithstanding any other provision of this Act, any
10person whose license expired while on active duty with the
11armed forces of the United States, while called into service
12or training with the State Militia or in training or education
13under the supervision of the United States government prior to
14induction into the military service may have the person's
15license restored without paying any renewal fees if, within 2
16years after the honorable termination of that service,
17training, or education, except under conditions other than
18honorable, the Department is furnished with satisfactory
19evidence that the person has been so engaged and that the
20service, training, or education has been so terminated.
21    (e) A license to practice shall not be denied to any
22applicant because of the applicant's race, religion, creed,
23national origin, political beliefs or activities, age, sex,
24sexual orientation, or physical impairment.
25    (f) The Department shall indicate on each license the
26academic degree of the licensee.



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1    Section 50. Suspension of license for failure to pay
2restitution. The Department, without further process or
3hearing, shall suspend the license or other authorization to
4practice of any person issued under this Act who has been
5certified by court order as not having paid restitution to a
6person under Section 8A-3.5 of the Illinois Public Aid Code or
7under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
8the Criminal Code of 2012. A person whose license or other
9authorization to practice is suspended under this Section is
10prohibited from practicing until the restitution is made in
12    Section 55. Grounds for disciplinary action.
13    (a) The Department may refuse to issue or renew a license,
14or may suspend, revoke, place on probation, reprimand, or take
15any other disciplinary or nondisciplinary action deemed
16appropriate by the Department, including the imposition of
17fines not to exceed $10,000 for each violation, with regard to
18any license issued under the provisions of this Act for any one
19or a combination of the following grounds:
20        (1) material misstatements in furnishing information
21    to the Department or to any other State agency or in
22    furnishing information to any insurance company with
23    respect to a claim on behalf of a licensee or a patient;
24        (2) violations or negligent or intentional disregard



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1    of this Act or its rules;
2        (3) conviction of or entry of a plea of guilty or nolo
3    contendere, finding of guilt, jury verdict, or entry of
4    judgment or sentencing, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States that is
8    (i) a felony or (ii) a misdemeanor, an essential element
9    of which is dishonesty, or that is directly related to the
10    practice of behavior analysis;
11        (4) fraud or misrepresentation in applying for or
12    procuring a license under this Act or in connection with
13    applying for renewal or restoration of a license under
14    this Act;
15        (5) professional incompetence;
16        (6) gross negligence in practice under this Act;
17        (7) aiding or assisting another person in violating
18    any provision of this Act or its rules;
19        (8) failing to provide information within 60 days in
20    response to a written request made by the Department;
21        (9) engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public as defined by the rules of the
24    Department or violating the rules of professional conduct
25    adopted by the Department;
26        (10) habitual or excessive use or abuse of drugs



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1    defined in law as controlled substances, of alcohol, or of
2    any other substances that results in the inability to
3    practice with reasonable judgment, skill, or safety;
4        (11) adverse action taken by another state or
5    jurisdiction if at least one of the grounds for the
6    discipline is the same or substantially equivalent to
7    those set forth in this Section;
8        (12) directly or indirectly giving to or receiving
9    from any person, firm, corporation, partnership, or
10    association any fee, commission, rebate, or other form of
11    compensation for any professional service not actually
12    rendered; nothing in this paragraph affects any bona fide
13    independent contractor or employment arrangements among
14    health care professionals, health facilities, health care
15    providers, or other entities, except as otherwise
16    prohibited by law; any employment arrangements may include
17    provisions for compensation, health insurance, pension, or
18    other employment benefits for the provision of services
19    within the scope of the licensee's practice under this
20    Act; nothing in this paragraph shall be construed to
21    require an employment arrangement to receive professional
22    fees for services rendered;
23        (13) a finding by the Department that the licensee,
24    after having the license placed on probationary status,
25    has violated the terms of probation or failed to comply
26    with those terms;



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1        (14) abandonment, without cause, of a client;
2        (15) willfully making or filing false records or
3    reports relating to a licensee's practice, including, but
4    not limited to, false records filed with federal or State
5    agencies or departments;
6        (16) willfully failing to report an instance of
7    suspected child abuse or neglect as required by the Abused
8    and Neglected Child Reporting Act;
9        (17) being named as a perpetrator in an indicated
10    report by the Department of Children and Family Services
11    under the Abused and Neglected Child Reporting Act, and
12    upon proof by clear and convincing evidence that the
13    licensee has caused a child to be an abused child or
14    neglected child as defined in the Abused and Neglected
15    Child Reporting Act;
16        (18) physical illness, mental illness, or any other
17    impairment or disability, including, but not limited to,
18    deterioration through the aging process, or loss of motor
19    skills that results in the inability to practice the
20    profession with reasonable judgment, skill, or safety;
21        (19) solicitation of professional services by using
22    false or misleading advertising;
23        (20) violation of the Health Care Worker Self-Referral
24    Act;
25        (21) willfully failing to report an instance of
26    suspected abuse, neglect, financial exploitation, or



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1    self-neglect of an eligible adult as defined in and
2    required by the Adult Protective Services Act; or
3        (22) being named as an abuser in a verified report by
4    the Department on Aging under the Adult Protective
5    Services Act, and upon proof by clear and convincing
6    evidence that the licensee abused, neglected, or
7    financially exploited an eligible adult as defined in the
8    Adult Protective Services Act.
9    (b) The determination by a court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code shall result in an automatic suspension of the licensee's
13license. The suspension shall end upon a finding by a court
14that the licensee is no longer subject to involuntary
15admission or judicial admission and issues an order so finding
16and discharging the patient, and upon the recommendation of
17the Board to the Secretary that the licensee be allowed to
18resume professional practice.
19    (c) The Department shall refuse to issue or renew or may
20suspend the license of a person who (i) fails to file a tax
21return, pay the tax, penalty, or interest shown in a filed tax
22return, or pay any final assessment of tax, penalty, or
23interest, as required by any tax Act administered by the
24Department of Revenue, until the requirements of the tax Act
25are satisfied or (ii) has failed to pay any court-ordered
26child support as determined by a court order or by referral



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1from the Department of Healthcare and Family Services.
2    (d) In enforcing this Section, the Department or Board,
3upon a showing of a possible violation, may compel a person
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, which may include a substance abuse or
7sexual offender evaluation, as required by and at the expense
8of the Department.
9        (1) The Department shall specifically designate the
10    examining physician licensed to practice medicine in all
11    of its branches or, if applicable, the multidisciplinary
12    team involved in providing the mental or physical
13    examination or both. The multidisciplinary team shall be
14    led by a physician licensed to practice medicine in all of
15    its branches and may consist of one or more or a
16    combination of physicians licensed to practice medicine in
17    all of its branches, licensed clinical psychologists,
18    licensed clinical behavior analysts, licensed clinical
19    professional counselors, and other professional and
20    administrative staff. Any examining physician or member of
21    the multidisciplinary team may require any person ordered
22    to submit to an examination pursuant to this Section to
23    submit to any additional supplemental testing deemed
24    necessary to complete any examination or evaluation
25    process, including, but not limited to, blood testing,
26    urinalysis, psychological testing, or neuropsychological



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1    testing.
2        (2) The Board or the Department may order the
3    examining physician or any member of the multidisciplinary
4    team to present testimony concerning this mental or
5    physical examination of the licensee or applicant. No
6    information, report, record, or other documents in any way
7    related to the examination shall be excluded by reason of
8    any common law or statutory privilege relating to
9    communications between the licensee or applicant and the
10    examining physician or any member of the multidisciplinary
11    team. No authorization is necessary from the licensee or
12    applicant ordered to undergo an examination for the
13    examining physician or any member of the multidisciplinary
14    team to provide information, reports, records, or other
15    documents or to provide any testimony regarding the
16    examination and evaluation.
17        (3) The person to be examined may have, at the
18    person's own expense, another physician of the person's
19    choice present during all aspects of the examination.
20    However, that physician shall be present only to observe
21    and may not interfere in any way with the examination.
22        (4) The failure of any person to submit to a mental or
23    physical examination without reasonable cause, when
24    ordered, shall result in an automatic suspension of the
25    person's license until the person submits to the
26    examination.



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1    (e) If the Department or Board finds a person unable to
2practice because of the reasons set forth in this Section, the
3Department or Board may require that person to submit to care,
4counseling, or treatment by physicians approved or designated
5by the Department or Board, as a condition, term, or
6restriction for continued, reinstated, or renewed licensure to
7practice; or, in lieu of care, counseling, or treatment, the
8Department may file, or the Board may recommend to the
9Department to file, a complaint to immediately suspend,
10revoke, or otherwise discipline the license of the person. Any
11person whose license was granted, continued, reinstated,
12renewed, disciplined, or supervised subject to the terms,
13conditions, or restrictions, and who fails to comply with the
14terms, conditions, or restrictions, shall be referred to the
15Secretary for a determination as to whether the person shall
16have the person's license suspended immediately, pending a
17hearing by the Department.
18    (f) All fines imposed shall be paid within 60 days after
19the effective date of the order imposing the fine or in
20accordance with the terms set forth in the order imposing the
22    If the Secretary immediately suspends a person's license
23under this Section, a hearing on that person's license must be
24convened by the Department within 30 days after the suspension
25and completed without appreciable delay. The Department and
26Board shall have the authority to review the subject person's



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1record of treatment and counseling regarding the impairment,
2to the extent permitted by applicable federal statutes and
3regulations safeguarding the confidentiality of medical
5    A person licensed under this Act and affected under this
6Section shall be afforded an opportunity to demonstrate to the
7Department or Board that the person can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of the person's license.
10    Section 60. Illinois Administrative Procedure Act. The
11Illinois Administrative Procedure Act is hereby expressly
12adopted and incorporated in this Act as if all of the
13provisions of the Illinois Administrative Procedure Act were
14included in this Act, except that the provision of subsection
15(d) of Section 10-65 of the Illinois Administrative Procedure
16Act is expressly excluded, which provides that at hearings the
17license holder has the right to show compliance with all
18lawful requirements for retention, continuation, or renewal of
19a license. For the purposes of this Act, the notice required
20under Section 10-25 of the Illinois Administrative Procedure
21Act is deemed sufficient when served personally upon, mailed
22to the last known address of record of, or emailed to the email
23address of record of a party.
24    Section 65. Unlicensed practice; violation; civil penalty.



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1    (a) Any person who practices, offers to practice, attempts
2to practice, or holds oneself out to practice as a licensed
3behavior analyst or licensed assistant behavior analyst
4without being licensed or exempt under this Act shall, in
5addition to any other penalty provided by law, pay a civil
6penalty to the Department in an amount not to exceed $10,000
7for each offense, as determined by the Department. The civil
8penalty shall be assessed by the Department after a hearing is
9held in accordance with the provisions set forth in this Act
10regarding the provision of a hearing for the discipline of a
12    (b) The Department may investigate any actual, alleged, or
13suspected unlicensed activity.
14    (c) The civil penalty shall be paid within 60 days after
15the effective date of the order imposing the civil penalty.
16The order shall constitute a final judgment and may be filed
17and execution had thereon in the same manner as any judgment
18from any court of record.
19    Section 70. Violations; injunction; cease and desist
21    (a) If an individual violates a provision of this Act, the
22Secretary may, in the name of the People of the State of
23Illinois, through the Attorney General or the State's Attorney
24of the county in which the violation is alleged to have
25occurred, petition for an order enjoining the violation or for



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1an order enforcing compliance with this Act. Upon the filing
2of a verified petition, the court with appropriate
3jurisdiction may issue a temporary restraining order without
4notice or bond, and may preliminarily and permanently enjoin
5the violation. If it is established that the individual has
6violated or is violating the injunction, the court may punish
7the offender for contempt of court. Proceedings under this
8Section are in addition to all other remedies and penalties
9provided by this Act.
10    (b) If an individual holds oneself out as being a licensed
11behavior analyst or a licensed assistant behavior analyst
12under this Act and is not licensed to do so, then any licensed
13behavior analyst, licensed assistant behavior analyst,
14interested party, or any person injured thereby may petition
15for relief as provided in subsection (a).
16    (c) Whenever, in the opinion of the Department, an
17individual violates a provision of this Act, the Department
18may issue a rule to show cause why an order to cease and desist
19should not be entered against that person. The rule shall
20clearly set forth the grounds relied upon by the Department
21and shall allow at least 7 days from the date of the rule to
22file an answer satisfactory to the Department. Failure to
23answer to the satisfaction of the Department shall cause an
24order to cease and desist to be issued.
25    Section 75. Powers and duties of the Department.



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1    (a) The Department shall exercise the powers and duties
2prescribed by the Civil Administrative Code of Illinois for
3the administration of licensure Acts and shall exercise other
4powers and duties necessary for effectuating the purposes of
5this Act.
6    (b) The Department shall adopt rules to administer and
7enforce this Act, including, but not limited to, fees for
8original licensure and renewal and restoration of licenses,
9and may prescribe forms to be issued to implement this Act. At
10a minimum, the rules adopted by the Department shall include
11standards and criteria for licensure and for professional
12conduct and discipline. The Department may consult with the
13Board in adopting rules. The Department may at any time seek
14the advice and expert knowledge of the Board on any matter
15relating to the administration of this Act.
16    (c) Subject to the provisions of this Act, the Department
18        (1) Authorize examinations to ascertain the
19    qualifications and fitness of applicants for licensing as
20    licensed behavior analysts or licensed assistant behavior
21    analysts and pass upon the qualifications of applicants
22    for licensure by endorsement.
23        (2) Conduct hearings or proceedings to refuse to issue
24    or renew or to revoke licenses or suspend, place on
25    probation, censure, or reprimand or take any other
26    disciplinary or nondisciplinary action with regard to a



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1    person licensed under this Act.
2        (3) Adopt rules required for the administration of
3    this Act.
4    (d) All information collected by the Department in the
5course of an examination or investigation of a licensee or
6applicant, including, but not limited to, any complaint
7against a licensee filed with the Department and information
8collected to investigate any complaint, shall be maintained
9for the confidential use of the Department and shall not be
10disclosed. The Department may not disclose the information to
11anyone other than law enforcement officials, other regulatory
12agencies that have an appropriate regulatory interest as
13determined by the Secretary, or to a party presenting a lawful
14subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law
16enforcement agency shall not be disclosed by the agency for
17any purpose to any other agency or person. A formal complaint
18filed against a licensee by the Department or any order issued
19by the Department against a licensee or applicant shall be a
20public record, except as otherwise prohibited by law.
21    Section 80. Investigations; notice; hearing.
22    (a) The Department may investigate the actions of any
23applicant or of any person holding or claiming to hold a
24license under this Act.
25    (b) The Department shall, before disciplining an applicant



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1or licensee, at least 30 days prior to the date set for the
2hearing: (i) notify, in writing, the applicant or licensee of
3the charges made and the time and place for the hearing on the
4charges; (ii) direct the applicant or licensee to file a
5written answer to the charges under oath within 20 days after
6the service of the notice; and (iii) inform the applicant or
7licensee that failure to file an answer will result in a
8default being entered against the applicant or licensee.
9    (c) Written or electronic notice, and any notice in the
10subsequent proceeding, may be served by personal delivery, by
11email, or by mail to the applicant or licensee at the
12applicant's or licensee's address of record or email address
13of record.
14    (d) At the time and place fixed in the notice, the Board or
15hearing officer appointed by the Secretary shall proceed to
16hear the charges and the parties or the parties' counsel shall
17be accorded ample opportunity to present any statements,
18testimony, evidence and argument as may be pertinent to the
19charges or to the parties' defense. The Board or hearing
20officer may continue the hearing from time to time.
21    (e) If the person, after receiving the notice, fails to
22file an answer, the person's license may, in the discretion of
23the Secretary, having first received the recommendation of the
24Board, be suspended, revoked, or placed on probationary
25status, or be subject to whatever disciplinary action the
26Secretary considers proper, including limiting the scope,



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1nature, or extent of the person's practice or the imposition
2of a fine, without hearing, if the act or acts charged
3constitute sufficient grounds for that action under this Act.
4    (f) Notwithstanding any other provision of this Act, the
5Secretary has the authority to appoint any attorney duly
6licensed to practice law in the State to serve as the hearing
7officer in any action for refusal to issue or renew a license
8or to discipline a licensee. The hearing officer shall have
9full authority to conduct the hearing. The hearing officer
10shall report the hearing officer's findings of fact,
11conclusions of law, and recommendations to the Board and to
12the Secretary.
13    Section 85. Subpoenas; depositions; oaths. The Department
14shall have the power to subpoena and to bring before it any
15person and to take testimony either orally or by deposition,
16or both, with the same fees and mileage and in the same manner
17as prescribed in civil cases in the courts of this State.
18    The Secretary, the designated hearing officer, and every
19member of the Board shall have power to administer oaths to
20witnesses at any hearing which the Department is authorized to
21conduct, and any other oaths authorized in any Act
22administered by the Department.
23    Section 90. Compelling testimony. Any court, upon
24application of the Department, designated hearing officer, or



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1the applicant or licensee against whom proceedings under
2Section 55 are pending, may enter an order requiring the
3attendance of witnesses and the witnesses' testimony, and the
4production of documents, papers, files, books and records in
5connection with any hearing or investigation. The court may
6compel obedience to its order by proceedings for contempt.
7    Section 95. Record of proceedings; transcript.
8    (a) The Department, at its expense, shall preserve a
9record of all proceedings at any formal hearing of any case.
10The notice of hearing, complaint and all other documents in
11the nature of pleadings and written motions filed in the
12proceedings, the transcript of testimony, the report of the
13Board, and the orders of the Department shall be the record of
14the proceedings. The Department shall furnish a copy of the
15record to any person upon payment of the fee required under
16Section 2105-115 of the Department of Professional Regulation
17Law of the Civil Administrative Code of Illinois.
18    (b) The Board or the hearing officer appointed by the
19Secretary shall hear evidence in support of the formal charges
20and evidence produced by the licensee. At the conclusion of
21the hearing, the Board shall present to the Secretary a
22written report of its findings of fact, conclusions of law,
23and recommendations.
24    Section 100. Findings and recommendations. At the



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1conclusion of the hearing the Board shall present to the
2Secretary a written report of its findings of fact,
3conclusions of law, and recommendations. The report shall
4contain a finding as to whether the licensee violated this Act
5or failed to comply with the conditions required in this Act.
6The Board shall specify the nature of the violation or failure
7to comply, and shall make its recommendations to the
9    The report of findings of fact, conclusions of law, and
10recommendations of the Board shall be the basis for the
11Department's order or refusal or for the granting of the
13    Section 105. Motion for rehearing. At the conclusion of
14the hearing, a copy of the Board or hearing officer's report
15shall be served to the applicant or licensee by the
16Department, either personally or as provided in this Act for
17the service of a notice of hearing. Within 20 calendar days
18after service, the applicant or licensee may present to the
19Department a motion in writing for a rehearing, which shall
20specify the particular grounds for rehearing. The Department
21may respond to the motion for rehearing within 20 calendar
22days after its service on the Department. If no motion for
23rehearing is filed, then after the expiration of the time
24specified for filing the motion, or upon denial of a motion for
25rehearing, the Secretary may enter an order in accordance with



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1the recommendation of the Board or hearing officer. If the
2applicant or licensee orders from the reporting service and
3pays for a transcript of the record within the time for filing
4a motion for rehearing, the 20-day period within which a
5motion may be filed shall commence upon the delivery of the
6transcript to the applicant or licensee.
7    Section 110. Restoration. At any time after the successful
8completion of a term of probation, suspension, or revocation
9of any license, the Department may restore the license to the
10licensee upon the written recommendation of the Board unless
11after an investigation and hearing the Board or Department
12determines that restoration is not in the public interest.
13Where circumstances of suspension or revocation so indicate,
14the Department may require an examination of the licensee
15prior to restoring the licensee's license. No person whose
16license has been revoked as authorized in this Act may apply
17for restoration of that license until the time provided for in
18the Civil Administrative Code of Illinois.
19    Section 115. Surrender of license. Upon the revocation or
20suspension of any license, the licensee shall immediately
21surrender the licensee's license to the Department. If the
22licensee fails to do so, the Department shall have the right to
23seize the license.



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1    Section 120. Summary suspension of a license. The
2Secretary may summarily suspend the license of a licensed
3behavior analyst or assistant behavior analyst without a
4hearing simultaneously with the institution of proceedings for
5a hearing provided for in this Act if the Secretary finds that
6evidence in the Secretary's possession indicates that a
7licensee's continuation in practice would constitute an
8imminent danger to the public. If the Secretary summarily
9suspends the license without a hearing, a hearing by the Board
10or Department shall be held within 30 calendar days after the
11suspension has occurred.
12    Section 125. Administrative review.
13    (a) All final administrative decisions of the Department
14hereunder shall be subject to judicial review pursuant to the
15provisions of the Administrative Review Law, and all
16amendments and modifications thereof, and the rules adopted
17pursuant thereto. "Administrative decision" has the same
18meaning as in Section 3-101 of the Code of Civil Procedure.
19    (b) Proceedings for judicial review shall be commenced in
20the circuit court of the county in which the party applying for
21review resides, but if the party is not a resident of the
22State, the venue shall be in Sangamon County.
23    Section 130. Certification of record. The Department shall
24not be required to certify any record to the court, file any



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1answer in court, or otherwise appear in any judicial review
2proceedings, unless and until the Department has received from
3the plaintiff payment of the costs of furnishing and
4certifying the record, which costs shall be determined by the
5Department. The failure on the part of the plaintiff to file a
6receipt in court shall be grounds for dismissal of the action.
7    Section 135. Fees. The Department shall provide by rule
8for a schedule of fees for the administration and enforcement
9of this Act, including, but not limited to, original
10licensure, registration, renewal, and restoration. The fees
11shall be nonrefundable.
12    All fees, fines, and penalties collected under this Act
13shall be deposited into the General Professions Dedicated Fund
14and shall be appropriated to the Department for the ordinary
15and contingent expenses of the Department in the
16administration of this Act.
17    Section 900. The Regulatory Sunset Act is amended by
18adding Section 4.41 as follows:
19    (5 ILCS 80/4.41 new)
20    Sec. 4.41. Act repealed on January 1, 2032. The following
21Act is repealed on January 1, 2032:
22    The Behavior Analyst Licensing Act.



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1    Section 903. The Illinois Public Aid Code is amended by
2changing Section 5-30.11 as follows:
3    (305 ILCS 5/5-30.11)
4    Sec. 5-30.11. Treatment of autism spectrum disorder.
5Treatment of autism spectrum disorder through applied behavior
6analysis shall be covered under the medical assistance program
7under this Article for children with a diagnosis of autism
8spectrum disorder when ordered by: (1) a physician licensed to
9practice medicine in all its branches and rendered by a
10licensed or certified health care professional with expertise
11in applied behavior analysis; or (2) a behavior analyst
12licensed by the Department of Financial and Professional
13Regulation to practice applied behavior analysis in this
14State. Such coverage may be limited to age ranges based on
15evidence-based best practices. Appropriate State plan
16amendments as well as rules regarding provision of services
17and providers will be submitted by September 1, 2019.
18(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
19    Section 905. The Adult Protective Services Act is amended
20by changing Section 2 as follows:
21    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
22    Sec. 2. Definitions. As used in this Act, unless the
23context requires otherwise:



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1    (a) "Abandonment" means the desertion or willful forsaking
2of an eligible adult by an individual responsible for the care
3and custody of that eligible adult under circumstances in
4which a reasonable person would continue to provide care and
5custody. Nothing in this Act shall be construed to mean that an
6eligible adult is a victim of abandonment because of health
7care services provided or not provided by licensed health care
9    (a-1) "Abuse" means causing any physical, mental or sexual
10injury to an eligible adult, including exploitation of such
11adult's financial resources, and abandonment.
12    Nothing in this Act shall be construed to mean that an
13eligible adult is a victim of abuse, abandonment, neglect, or
14self-neglect for the sole reason that he or she is being
15furnished with or relies upon treatment by spiritual means
16through prayer alone, in accordance with the tenets and
17practices of a recognized church or religious denomination.
18    Nothing in this Act shall be construed to mean that an
19eligible adult is a victim of abuse because of health care
20services provided or not provided by licensed health care
22    (a-5) "Abuser" means a person who abuses, abandons,
23neglects, or financially exploits an eligible adult.
24    (a-6) "Adult with disabilities" means a person aged 18
25through 59 who resides in a domestic living situation and
26whose disability as defined in subsection (c-5) impairs his or



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1her ability to seek or obtain protection from abuse,
2abandonment, neglect, or exploitation.
3    (a-7) "Caregiver" means a person who either as a result of
4a family relationship, voluntarily, or in exchange for
5compensation has assumed responsibility for all or a portion
6of the care of an eligible adult who needs assistance with
7activities of daily living or instrumental activities of daily
9    (b) "Department" means the Department on Aging of the
10State of Illinois.
11    (c) "Director" means the Director of the Department.
12    (c-5) "Disability" means a physical or mental disability,
13including, but not limited to, a developmental disability, an
14intellectual disability, a mental illness as defined under the
15Mental Health and Developmental Disabilities Code, or dementia
16as defined under the Alzheimer's Disease Assistance Act.
17    (d) "Domestic living situation" means a residence where
18the eligible adult at the time of the report lives alone or
19with his or her family or a caregiver, or others, or other
20community-based unlicensed facility, but is not:
21        (1) A licensed facility as defined in Section 1-113 of
22    the Nursing Home Care Act;
23        (1.5) A facility licensed under the ID/DD Community
24    Care Act;
25        (1.6) A facility licensed under the MC/DD Act;
26        (1.7) A facility licensed under the Specialized Mental



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1    Health Rehabilitation Act of 2013;
2        (2) A "life care facility" as defined in the Life Care
3    Facilities Act;
4        (3) A home, institution, or other place operated by
5    the federal government or agency thereof or by the State
6    of Illinois;
7        (4) A hospital, sanitarium, or other institution, the
8    principal activity or business of which is the diagnosis,
9    care, and treatment of human illness through the
10    maintenance and operation of organized facilities
11    therefor, which is required to be licensed under the
12    Hospital Licensing Act;
13        (5) A "community living facility" as defined in the
14    Community Living Facilities Licensing Act;
15        (6) (Blank);
16        (7) A "community-integrated living arrangement" as
17    defined in the Community-Integrated Living Arrangements
18    Licensure and Certification Act or a "community
19    residential alternative" as licensed under that Act;
20        (8) An assisted living or shared housing establishment
21    as defined in the Assisted Living and Shared Housing Act;
22    or
23        (9) A supportive living facility as described in
24    Section 5-5.01a of the Illinois Public Aid Code.
25    (e) "Eligible adult" means either an adult with
26disabilities aged 18 through 59 or a person aged 60 or older



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1who resides in a domestic living situation and is, or is
2alleged to be, abused, abandoned, neglected, or financially
3exploited by another individual or who neglects himself or
4herself. "Eligible adult" also includes an adult who resides
5in any of the facilities that are excluded from the definition
6of "domestic living situation" under paragraphs (1) through
7(9) of subsection (d), if either: (i) the alleged abuse,
8abandonment, or neglect occurs outside of the facility and not
9under facility supervision and the alleged abuser is a family
10member, caregiver, or another person who has a continuing
11relationship with the adult; or (ii) the alleged financial
12exploitation is perpetrated by a family member, caregiver, or
13another person who has a continuing relationship with the
14adult, but who is not an employee of the facility where the
15adult resides.
16    (f) "Emergency" means a situation in which an eligible
17adult is living in conditions presenting a risk of death or
18physical, mental or sexual injury and the provider agency has
19reason to believe the eligible adult is unable to consent to
20services which would alleviate that risk.
21    (f-1) "Financial exploitation" means the use of an
22eligible adult's resources by another to the disadvantage of
23that adult or the profit or advantage of a person other than
24that adult.
25    (f-5) "Mandated reporter" means any of the following
26persons while engaged in carrying out their professional



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2        (1) a professional or professional's delegate while
3    engaged in: (i) social services, (ii) law enforcement,
4    (iii) education, (iv) the care of an eligible adult or
5    eligible adults, or (v) any of the occupations required to
6    be licensed under the Behavior Analyst Licensing Act, the
7    Clinical Psychologist Licensing Act, the Clinical Social
8    Work and Social Work Practice Act, the Illinois Dental
9    Practice Act, the Dietitian Nutritionist Practice Act, the
10    Marriage and Family Therapy Licensing Act, the Medical
11    Practice Act of 1987, the Naprapathic Practice Act, the
12    Nurse Practice Act, the Nursing Home Administrators
13    Licensing and Disciplinary Act, the Illinois Occupational
14    Therapy Practice Act, the Illinois Optometric Practice Act
15    of 1987, the Pharmacy Practice Act, the Illinois Physical
16    Therapy Act, the Physician Assistant Practice Act of 1987,
17    the Podiatric Medical Practice Act of 1987, the
18    Respiratory Care Practice Act, the Professional Counselor
19    and Clinical Professional Counselor Licensing and Practice
20    Act, the Illinois Speech-Language Pathology and Audiology
21    Practice Act, the Veterinary Medicine and Surgery Practice
22    Act of 2004, and the Illinois Public Accounting Act;
23        (1.5) an employee of an entity providing developmental
24    disabilities services or service coordination funded by
25    the Department of Human Services;
26        (2) an employee of a vocational rehabilitation



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1    facility prescribed or supervised by the Department of
2    Human Services;
3        (3) an administrator, employee, or person providing
4    services in or through an unlicensed community based
5    facility;
6        (4) any religious practitioner who provides treatment
7    by prayer or spiritual means alone in accordance with the
8    tenets and practices of a recognized church or religious
9    denomination, except as to information received in any
10    confession or sacred communication enjoined by the
11    discipline of the religious denomination to be held
12    confidential;
13        (5) field personnel of the Department of Healthcare
14    and Family Services, Department of Public Health, and
15    Department of Human Services, and any county or municipal
16    health department;
17        (6) personnel of the Department of Human Services, the
18    Guardianship and Advocacy Commission, the State Fire
19    Marshal, local fire departments, the Department on Aging
20    and its subsidiary Area Agencies on Aging and provider
21    agencies, and the Office of State Long Term Care
22    Ombudsman;
23        (7) any employee of the State of Illinois not
24    otherwise specified herein who is involved in providing
25    services to eligible adults, including professionals
26    providing medical or rehabilitation services and all other



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1    persons having direct contact with eligible adults;
2        (8) a person who performs the duties of a coroner or
3    medical examiner; or
4        (9) a person who performs the duties of a paramedic or
5    an emergency medical technician.
6    (g) "Neglect" means another individual's failure to
7provide an eligible adult with or willful withholding from an
8eligible adult the necessities of life including, but not
9limited to, food, clothing, shelter or health care. This
10subsection does not create any new affirmative duty to provide
11support to eligible adults. Nothing in this Act shall be
12construed to mean that an eligible adult is a victim of neglect
13because of health care services provided or not provided by
14licensed health care professionals.
15    (h) "Provider agency" means any public or nonprofit agency
16in a planning and service area that is selected by the
17Department or appointed by the regional administrative agency
18with prior approval by the Department on Aging to receive and
19assess reports of alleged or suspected abuse, abandonment,
20neglect, or financial exploitation. A provider agency is also
21referenced as a "designated agency" in this Act.
22    (i) "Regional administrative agency" means any public or
23nonprofit agency in a planning and service area that provides
24regional oversight and performs functions as set forth in
25subsection (b) of Section 3 of this Act. The Department shall
26designate an Area Agency on Aging as the regional



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



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2    (k) "Verified" means a determination that there is "clear
3and convincing evidence" that the specific injury or harm
4alleged was the result of abuse, abandonment, neglect, or
5financial exploitation.
6(Source: P.A. 102-244, eff. 1-1-22.)
7    Section 910. The Abused and Neglected Child Reporting Act
8is amended by changing Section 4 as follows:
9    (325 ILCS 5/4)
10    Sec. 4. Persons required to report; privileged
11communications; transmitting false report.
12    (a) The following persons are required to immediately
13report to the Department when they have reasonable cause to
14believe that a child known to them in their professional or
15official capacities may be an abused child or a neglected
17        (1) Medical personnel, including any: physician
18    licensed to practice medicine in any of its branches
19    (medical doctor or doctor of osteopathy); resident;
20    intern; medical administrator or personnel engaged in the
21    examination, care, and treatment of persons; psychiatrist;
22    surgeon; dentist; dental hygienist; chiropractic
23    physician; podiatric physician; physician assistant;
24    emergency medical technician; acupuncturist; registered



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1    nurse; licensed practical nurse; advanced practice
2    registered nurse; genetic counselor; respiratory care
3    practitioner; home health aide; or certified nursing
4    assistant.
5        (2) Social services and mental health personnel,
6    including any: licensed professional counselor; licensed
7    clinical professional counselor; licensed social worker;
8    licensed clinical social worker; licensed psychologist or
9    assistant working under the direct supervision of a
10    psychologist; associate licensed marriage and family
11    therapist; licensed marriage and family therapist; field
12    personnel of the Departments of Healthcare and Family
13    Services, Public Health, Human Services, Human Rights, or
14    Children and Family Services; supervisor or administrator
15    of the General Assistance program established under
16    Article VI of the Illinois Public Aid Code; social
17    services administrator; or substance abuse treatment
18    personnel.
19        (3) Crisis intervention personnel, including any:
20    crisis line or hotline personnel; or domestic violence
21    program personnel.
22        (4) Education personnel, including any: school
23    personnel (including administrators and certified and
24    non-certified school employees); personnel of institutions
25    of higher education; educational advocate assigned to a
26    child in accordance with the School Code; member of a



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



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



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



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



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1district to which the employee applies, shall notify that
2requesting school district that the employee is or was the
3subject of such a report.
4    (e) Whenever such person is required to report under this
5Act in his capacity as a member of the staff of a medical or
6other public or private institution, school, facility or
7agency, or as a member of the clergy, he shall make report
8immediately to the Department in accordance with the
9provisions of this Act and may also notify the person in charge
10of such institution, school, facility or agency, or church,
11synagogue, temple, mosque, or other religious institution, or
12his designated agent that such report has been made. Under no
13circumstances shall any person in charge of such institution,
14school, facility or agency, or church, synagogue, temple,
15mosque, or other religious institution, or his designated
16agent to whom such notification has been made, exercise any
17control, restraint, modification or other change in the report
18or the forwarding of such report to the Department.
19    (f) In addition to the persons required to report
20suspected cases of child abuse or child neglect under this
21Section, any other person may make a report if such person has
22reasonable cause to believe a child may be an abused child or a
23neglected child.
24    (g) The privileged quality of communication between any
25professional person required to report and his patient or
26client shall not apply to situations involving abused or



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



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1suspicion that a child known to him or her in his or her
2professional or official capacity may be an abused child or a
3neglected child.
4    (i) Any person who enters into employment on and after
5July 1, 1986 and is mandated by virtue of that employment to
6report under this Act, shall sign a statement on a form
7prescribed by the Department, to the effect that the employee
8has knowledge and understanding of the reporting requirements
9of this Act. On and after January 1, 2019, the statement shall
10also include information about available mandated reporter
11training provided by the Department. The statement shall be
12signed prior to commencement of the employment. The signed
13statement shall be retained by the employer. The cost of
14printing, distribution, and filing of the statement shall be
15borne by the employer.
16    (j) Persons required to report child abuse or child
17neglect as provided under this Section must complete an
18initial mandated reporter training, including a section on
19implicit bias, within 3 months of their date of engagement in a
20professional or official capacity as a mandated reporter, or
21within the time frame of any other applicable State law that
22governs training requirements for a specific profession, and
23at least every 3 years thereafter. The initial requirement
24only applies to the first time they engage in their
25professional or official capacity. In lieu of training every 3
26years, medical personnel, as listed in paragraph (1) of



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1subsection (a), must meet the requirements described in
2subsection (k).
3    The mandated reporter trainings shall be in-person or
4web-based, and shall include, at a minimum, information on the
5following topics: (i) indicators for recognizing child abuse
6and child neglect, as defined under this Act; (ii) the process
7for reporting suspected child abuse and child neglect in
8Illinois as required by this Act and the required
9documentation; (iii) responding to a child in a
10trauma-informed manner; and (iv) understanding the response of
11child protective services and the role of the reporter after a
12call has been made. Child-serving organizations are encouraged
13to provide in-person annual trainings.
14    The implicit bias section shall be in-person or web-based,
15and shall include, at a minimum, information on the following
16topics: (i) implicit bias and (ii) racial and ethnic
17sensitivity. As used in this subsection, "implicit bias" means
18the attitudes or internalized stereotypes that affect people's
19perceptions, actions, and decisions in an unconscious manner
20and that exist and often contribute to unequal treatment of
21people based on race, ethnicity, gender identity, sexual
22orientation, age, disability, and other characteristics. The
23implicit bias section shall provide tools to adjust automatic
24patterns of thinking and ultimately eliminate discriminatory
25behaviors. During these trainings mandated reporters shall
26complete the following: (1) a pretest to assess baseline



10200HB4769ham003- 56 -LRB102 23872 AMQ 37009 a

1implicit bias levels; (2) an implicit bias training task; and
2(3) a posttest to reevaluate bias levels after training. The
3implicit bias curriculum for mandated reporters shall be
4developed within one year after the effective date of this
5amendatory Act of the 102nd General Assembly and shall be
6created in consultation with organizations demonstrating
7expertise and or experience in the areas of implicit bias,
8youth and adolescent developmental issues, prevention of child
9abuse, exploitation, and neglect, culturally diverse family
10systems, and the child welfare system.
11    The mandated reporter training, including a section on
12implicit bias, shall be provided through the Department,
13through an entity authorized to provide continuing education
14for professionals licensed through the Department of Financial
15and Professional Regulation, the State Board of Education, the
16Illinois Law Enforcement Training Standards Board, or the
17Department of State Police, or through an organization
18approved by the Department to provide mandated reporter
19training, including a section on implicit bias. The Department
20must make available a free web-based training for reporters.
21    Each mandated reporter shall report to his or her employer
22and, when applicable, to his or her licensing or certification
23board that he or she received the mandated reporter training.
24The mandated reporter shall maintain records of completion.
25    Beginning January 1, 2021, if a mandated reporter receives
26licensure from the Department of Financial and Professional



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1Regulation or the State Board of Education, and his or her
2profession has continuing education requirements, the training
3mandated under this Section shall count toward meeting the
4licensee's required continuing education hours.
5    (k)(1) Medical personnel, as listed in paragraph (1) of
6subsection (a), who work with children in their professional
7or official capacity, must complete mandated reporter training
8at least every 6 years. Such medical personnel, if licensed,
9must attest at each time of licensure renewal on their renewal
10form that they understand they are a mandated reporter of
11child abuse and neglect, that they are aware of the process for
12making a report, that they know how to respond to a child in a
13trauma-informed manner, and that they are aware of the role of
14child protective services and the role of a reporter after a
15call has been made.
16    (2) In lieu of repeated training, medical personnel, as
17listed in paragraph (1) of subsection (a), who do not work with
18children in their professional or official capacity, may
19instead attest each time at licensure renewal on their renewal
20form that they understand they are a mandated reporter of
21child abuse and neglect, that they are aware of the process for
22making a report, that they know how to respond to a child in a
23trauma-informed manner, and that they are aware of the role of
24child protective services and the role of a reporter after a
25call has been made. Nothing in this paragraph precludes
26medical personnel from completing mandated reporter training



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1and receiving continuing education credits for that training.
2    (l) The Department shall provide copies of this Act, upon
3request, to all employers employing persons who shall be
4required under the provisions of this Section to report under
5this Act.
6    (m) Any person who knowingly transmits a false report to
7the Department commits the offense of disorderly conduct under
8subsection (a)(7) of Section 26-1 of the Criminal Code of
92012. A violation of this provision is a Class 4 felony.
10    Any person who knowingly and willfully violates any
11provision of this Section other than a second or subsequent
12violation of transmitting a false report as described in the
13preceding paragraph, is guilty of a Class A misdemeanor for a
14first violation and a Class 4 felony for a second or subsequent
15violation; except that if the person acted as part of a plan or
16scheme having as its object the prevention of discovery of an
17abused or neglected child by lawful authorities for the
18purpose of protecting or insulating any person or entity from
19arrest or prosecution, the person is guilty of a Class 4 felony
20for a first offense and a Class 3 felony for a second or
21subsequent offense (regardless of whether the second or
22subsequent offense involves any of the same facts or persons
23as the first or other prior offense).
24    (n) A child whose parent, guardian or custodian in good
25faith selects and depends upon spiritual means through prayer
26alone for the treatment or cure of disease or remedial care may



10200HB4769ham003- 59 -LRB102 23872 AMQ 37009 a

1be considered neglected or abused, but not for the sole reason
2that his parent, guardian or custodian accepts and practices
3such beliefs.
4    (o) A child shall not be considered neglected or abused
5solely because the child is not attending school in accordance
6with the requirements of Article 26 of the School Code, as
8    (p) Nothing in this Act prohibits a mandated reporter who
9reasonably believes that an animal is being abused or
10neglected in violation of the Humane Care for Animals Act from
11reporting animal abuse or neglect to the Department of
12Agriculture's Bureau of Animal Health and Welfare.
13    (q) A home rule unit may not regulate the reporting of
14child abuse or neglect in a manner inconsistent with the
15provisions of this Section. This Section is a limitation under
16subsection (i) of Section 6 of Article VII of the Illinois
17Constitution on the concurrent exercise by home rule units of
18powers and functions exercised by the State.
19    (r) For purposes of this Section "child abuse or neglect"
20includes abuse or neglect of an adult resident as defined in
21this Act.
22(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)
23    Section 999. Effective date. This Act takes effect upon
24becoming law.".