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


Sen. Scott M. Bennett

Filed: 3/17/2022





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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 30 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,
3    psychiatric nurse, professional counselor, clinical
4    professional counselor, clinical social worker, or
5    marriage and family therapist from performing or
6    advertising activities that are considered to be the
7    practice of applied behavior analysis under this Act if
8    the activities are consistent with the laws of this State,
9    the individual's training, and any code of ethics of the
10    individual's respective professions, so long as the
11    individual does not use the titles provided in subsection
12    (b).
13        (4) An individual from performing activities that are
14    considered to be the practice of applied behavior analysis
15    under this Act if the activities are with nonhumans,
16    including applied animal behaviorists and animal trainers.
17    The individual may use the title "behavior analyst" but
18    shall not represent oneself as a licensed behavior analyst
19    or licensed assistant behavior analyst unless the
20    individual holds a license issued by the State.
21        (5) An individual who provides general applied
22    behavior analysis services to organizations, so long as
23    the services are for the benefit of the organizations and
24    do not involve direct services to individuals. The
25    individual may use the title "behavior analyst" but may
26    not represent oneself as a licensed behavior analyst or



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1    licensed assistant behavior analyst unless the individual
2    holds a license issued by the State.
3        (6) An individual who is a matriculated student at a
4    nationally accredited university approved in rules or a
5    postdoctoral fellow from performing activities that are
6    considered to be the practice of applied behavior analysis
7    under this Act if the activities are part of a defined
8    program of study, course, practicum, internship, or
9    postdoctoral fellowship, provided that the applied
10    behavior analysis activities are directly supervised by a
11    licensed behavior analyst under this Act or a licensed
12    clinical psychologist.
13        (7) An individual who is not licensed under this Act
14    from pursuing field experience in the practice of behavior
15    analysis if the experience is supervised by a licensed
16    behavior analyst or a licensed psychologist.
17        (8) An individual with a learning behavior specialist
18    or school support personnel endorsement from the State
19    Board of Education, the school district in which the
20    school is located, or a special education joint agreement
21    serving the school district in which the school is located
22    from delivering behavior analytic services in a school
23    setting when employed by that school as long as those
24    services are defined in the scope of practice for that
25    endorsement and that person is not in any manner held out
26    to the public as a licensed behavior analyst or licensed



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1    assistant behavior analyst.
2        (9) A qualified intellectual disabilities
3    professional, meeting the minimum federal education
4    requirements outlined in 42 CFR 483.430, who is performing
5    the duties required for individuals with intellectual or
6    developmental disabilities in programs and facilities
7    regulated by the federal Centers for Medicare and Medicaid
8    Services, the Department of Human Services, or the
9    Department of Public Health, so long as the individual
10    does not use the titles provided in subsection (b).
11        (10) A service provider, designated by the Department
12    of Human Services, from providing behavior intervention
13    and treatment, so long as the individual does not use the
14    titles provided in subsection (b).
15    (d) This Act does not apply to an individual who, on the
16effective date of this Act, is engaging in the practice of
17applied behavior analysis under the medical assistance program
18under the Illinois Public Aid Code while that individual is
19seeking the education, training, and experience necessary to
20obtain a license under this Act.
21    Section 25. Applications for original license. An
22application for original licenses shall be made to the
23Department on forms or electronically as prescribed by the
24Department and accompanied by the required fee, which shall
25not be refundable. All applications shall contain information



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1which, in the judgment of the Department, will enable the
2Department to pass on the qualifications of the applicant for
3a license as a licensed behavior analyst or licensed assistant
4behavior analyst.
5    A license to practice shall not be denied to an applicant
6because of the applicant's race, religion, creed, national
7origin, political beliefs or activities, age, sex, sexual
8orientation, or physical disability that does not affect a
9person's ability to practice with reasonable judgment, skill,
10or safety.
11    For a person who has successfully completed a graduate
12degree from a nationally or regionally accredited university
13approved by the Department and can demonstrate that the person
14has passed a competency examination authorized by the
15Department before the effective date of this Act, the
16Department may allow that person to apply for licensure under
17the terms of this Act beginning 20 months after the effective
18date of this Act.
19    An applicant has 3 years after the date of application to
20complete the application process. If the process has not been
21completed in 3 years, the application shall be denied, the fee
22shall be forfeited, and the applicant must reapply and meet
23the requirements in effect at the time of reapplication.
24    Section 30. Qualifications for behavior analyst license.
25    (a) A person qualifies to be licensed as a behavior



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1analyst if that person:
2        (1) has applied in writing or electronically on forms
3    prescribed by the Department;
4        (2) is a graduate of a graduate level program in the
5    field of behavior analysis from a regionally accredited
6    university approved by the Department;
7        (3) has completed at least 200 hours of supervision of
8    behavior analysis, as defined by rule. If no supervised
9    work experience was required for certification as a
10    behavior analyst at the time the applicant passed the
11    examination required in paragraph (5) prior to the
12    effective date of this Act, then the person does not need
13    to satisfy this requirement to be licensed in the State as
14    long as the applicant has satisfied all of the other
15    requirements;
16        (4) has passed the examination for the practice of
17    behavior analysis as authorized by the Department; and
18        (5) has paid the required fees.
19    (b) An applicant has 3 years after the date of application
20to complete the application process. If the process has not
21been completed in 3 years, the application shall be denied,
22the fee shall be forfeited, and the applicant must reapply and
23meet the requirements in effect at the time of reapplication.
24    (c) Each applicant for licensure as an assistant behavior
25analyst shall have his or her fingerprints submitted to the
26Illinois State Police in an electronic format that complies



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1with the form and manner for requesting and furnishing
2criminal history record information as prescribed by the
3Illinois State Police. These fingerprints shall be transmitted
4through a live scan fingerprint vendor licensed by the
5Department. These fingerprints shall be checked against the
6Illinois State Police and Federal Bureau of Investigation
7criminal history record databases now and hereafter filed,
8including, but not limited to, civil, criminal, and latent
9fingerprint databases. The Illinois State Police shall charge
10a fee for conducting the criminal history records check, which
11shall be deposited in the State Police Services Fund and shall
12not exceed the actual cost of the records check. The Illinois
13State Police shall furnish, pursuant to positive
14identification, records of Illinois convictions as prescribed
15under the Illinois Uniform Conviction Information Act and
16shall forward the national criminal history record information
17to the Department.
18    Section 35. Qualifications for assistant behavior analyst
20    (a) A person qualifies to be licensed as an assistant
21behavior analyst if that person:
22        (1) has applied in writing or electronically on forms
23    prescribed by the Department;
24        (2) is a graduate of a bachelor's level program in the
25    field of behavior analysis from a regionally accredited



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



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1a fee for conducting the criminal history records check, which
2shall be deposited in the State Police Services Fund and shall
3not exceed the actual cost of the records check. The Illinois
4State Police shall furnish, pursuant to positive
5identification, records of Illinois convictions as prescribed
6under the Illinois Uniform Conviction Information Act and
7shall forward the national criminal history record information
8to the Department.
9    Section 40. Endorsement. The Department may issue a
10license as a behavior analyst or assistant behavior analyst to
11an applicant licensed under the laws of another jurisdiction
12if the requirements for licensure in that jurisdiction are, on
13the date of licensure, substantially equivalent to the
14requirements of this Act or to any person who, at the time of
15the applicant's licensure, possessed individual qualifications
16that were substantially equivalent to the requirements then in
17force in this State.
18    An applicant under this Section shall pay the required
19fees. An individual applying for licensure as a licensed
20behavior analyst or assistant behavior analyst who has been
21licensed in another United States jurisdiction for 10
22consecutive years without discipline is not required to submit
23proof of completion of the education, professional experience,
24and supervision required in Section 25 or 30.
25    An individual with 10 consecutive years of experience must



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1submit certified verification of licensure from the
2jurisdiction in which the applicant practiced and must comply
3with all other licensing requirements and pay all required
4fees. If the accuracy of any submitted documentation or the
5relevance or sufficiency of the coursework or experience is
6questioned by the Department or the Board because of a lack of
7information, discrepancies or conflicts in information given,
8or a need for clarification, the applicant seeking licensure
9may be required to provide additional information.
10    An applicant has 3 years after the date of application to
11complete the application process. If the process has not been
12completed in 3 years, the application shall be denied, the fee
13shall be forfeited, and the applicant must reapply and meet
14the requirements in effect at the time of reapplication.
15    Section 45. Behavior Analyst Licensing and Disciplinary
17    (a) The Secretary shall appoint a Behavior Analyst
18Licensing and Disciplinary Board consisting of 5 persons who
19shall serve in an advisory capacity to the Secretary. The
20Board shall consist of the following 5 members appointed by
21the Secretary: one licensed behavior analyst holding a
22doctoral degree, one licensed assistant behavior analyst, 2
23licensed behavior analysts, and one public member. The Board
24shall serve in an advisory capacity.
25    (b) Members shall be appointed for and shall serve 4-year



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1terms and until the members' successors are appointed and
2qualified. No member of the Board shall serve more than 2 full
3consecutive 4-year terms. Any appointment to fill a vacancy
4shall be for the unexpired portion of the term.
5    (c) The membership of the Board should represent racial
6and cultural diversity and reasonably reflect representation
7from different geographic areas of the State.
8    (d) The Secretary may remove any member of the Board for
9any cause that, in the opinion of the Secretary, reasonably
10justifies termination.
11    (e) The Secretary may consider the recommendation of the
12Board on all matters and questions relating to this Act, such
13as: (i) matters relating to continuing education, including
14the number of hours necessary for license renewal, waivers for
15those unable to meet such requirements, and acceptable course
16content; and (ii) rules for the administration of this Act.
17    (f) The Board shall annually elect one of its members as
18chairperson and one as vice chairperson.
19    (g) Members of the Board shall be reimbursed for all
20legitimate, necessary, and authorized expenses.
21    (h) A majority of the Board members currently appointed
22shall constitute a quorum. A vacancy in the membership of the
23Board shall not impair the right of a quorum to perform all of
24the duties of the Board.
25    (i) Members of the Board shall have no liability in an
26action based upon a disciplinary proceeding or other activity



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1performed in good faith as a member of the Board.
2    Section 50. Licenses; renewal; restoration; person in
3military service; inactive status.
4    (a) The expiration date and renewal period for each
5license issued under this Act shall be set by rule. The
6licensee may renew a license during the 60-day period
7preceding its expiration date by paying the required fee and
8by demonstrating compliance with any continuing education
9requirements. The Department shall adopt rules establishing
10minimum requirements for continuing education and means for
11verification of the completion of the continuing education
12requirements. The Department may, by rule, specify
13circumstances under which the continuing education
14requirements may be waived.
15    (b) Any person who has permitted a license to expire or who
16has a license on inactive status may have it restored by
17submitting an application to the Department and filing proof
18of fitness, as defined by rule, to have the license restored,
19including, if appropriate, evidence that is satisfactory to
20the Department certifying the active practice of behavior
21analysis in another jurisdiction and by paying the required
23    (c) If the person has not maintained an active practice in
24another jurisdiction that is satisfactory to the Department,
25the Department shall determine the person's fitness to resume



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1active status. The Department may also require the person to
2complete a specific period of evaluated behavior analysis
3experience and may require successful completion of an
5    (d) Notwithstanding any other provision of this Act, any
6person whose license expired while on active duty with the
7armed forces of the United States, while called into service
8or training with the State Militia or in training or education
9under the supervision of the United States government prior to
10induction into the military service may have the person's
11license restored without paying any renewal fees if, within 2
12years after the honorable termination of that service,
13training, or education, except under conditions other than
14honorable, the Department is furnished with satisfactory
15evidence that the person has been so engaged and that the
16service, training, or education has been so terminated.
17    (e) The Department shall indicate on each license the
18academic degree of the licensee.
19    Section 55. Suspension of license for failure to pay
20restitution. The Department, without further process or
21hearing, shall suspend the license or other authorization to
22practice of any person issued under this Act who has been
23certified by court order as not having paid restitution to a
24person under Section 8A-3.5 of the Illinois Public Aid Code or
25under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or



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1the Criminal Code of 2012. A person whose license or other
2authorization to practice is suspended under this Section is
3prohibited from practicing until the restitution is made in
5    Section 60. Grounds for disciplinary action.
6    (a) The Department may refuse to issue or renew a license,
7or may suspend, revoke, place on probation, reprimand, or take
8any other disciplinary or nondisciplinary action deemed
9appropriate by the Department, including the imposition of
10fines not to exceed $10,000 for each violation, with regard to
11any license issued under the provisions of this Act for any one
12or a combination of the following grounds:
13        (1) material misstatements in furnishing information
14    to the Department or to any other State agency or in
15    furnishing information to any insurance company with
16    respect to a claim on behalf of a licensee or a patient;
17        (2) violations or negligent or intentional disregard
18    of this Act or its rules;
19        (3) conviction of or entry of a plea of guilty or nolo
20    contendere, finding of guilt, jury verdict, or entry of
21    judgment or sentencing, including, but not limited to,
22    convictions, preceding sentences of supervision,
23    conditional discharge, or first offender probation, under
24    the laws of any jurisdiction of the United States that is
25    (i) a felony or (ii) a misdemeanor, an essential element



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



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



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



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



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



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



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1Department to file, a complaint to immediately suspend,
2revoke, or otherwise discipline the license of the person. Any
3person whose license was granted, continued, reinstated,
4renewed, disciplined, or supervised subject to the terms,
5conditions, or restrictions, and who fails to comply with the
6terms, conditions, or restrictions, shall be referred to the
7Secretary for a determination as to whether the person shall
8have the person's license suspended immediately, pending a
9hearing by the Department.
10    (f) All fines imposed shall be paid within 60 days after
11the effective date of the order imposing the fine or in
12accordance with the terms set forth in the order imposing the
14    If the Secretary immediately suspends a person's license
15under this subsection, a hearing on that person's license must
16be convened by the Department within 30 days after the
17suspension and completed without appreciable delay. The
18Department and Board shall have the authority to review the
19subject person's record of treatment and counseling regarding
20the impairment, to the extent permitted by applicable federal
21statutes and regulations safeguarding the confidentiality of
22medical records.
23    A person licensed under this Act and affected under this
24Section shall be afforded an opportunity to demonstrate to the
25Department or Board that the person can resume practice in
26compliance with acceptable and prevailing standards under the



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1provisions of the person's license.
2    Section 65. Illinois Administrative Procedure Act. The
3Illinois Administrative Procedure Act is hereby expressly
4adopted and incorporated in this Act as if all of the
5provisions of the Illinois Administrative Procedure Act were
6included in this Act, except that the provision of subsection
7(d) of Section 10-65 of the Illinois Administrative Procedure
8Act is expressly excluded, which provides that at hearings the
9license holder has the right to show compliance with all
10lawful requirements for retention, continuation, or renewal of
11a license. For the purposes of this Act, the notice required
12under Section 10-25 of the Illinois Administrative Procedure
13Act is deemed sufficient when served personally upon, mailed
14to the last known address of record of, or emailed to the email
15address of record of a party.
16    Section 70. Unlicensed practice; violation; civil penalty.
17    (a) Any person who practices, offers to practice, attempts
18to practice, or holds oneself out to practice as a licensed
19behavior analyst or licensed assistant behavior analyst
20without being licensed or exempt under this Act shall, in
21addition to any other penalty provided by law, pay a civil
22penalty to the Department in an amount not to exceed $10,000
23for each offense, as determined by the Department. The civil
24penalty shall be assessed by the Department after a hearing is



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1held in accordance with the provisions set forth in this Act
2regarding the provision of a hearing for the discipline of a
4    (b) The Department may investigate any actual, alleged, or
5suspected unlicensed activity.
6    (c) The civil penalty shall be paid within 60 days after
7the effective date of the order imposing the civil penalty.
8The order shall constitute a final judgment and may be filed
9and execution had thereon in the same manner as any judgment
10from any court of record.
11    Section 75. Violations; injunction; cease and desist
13    (a) If an individual violates a provision of this Act, the
14Secretary may, in the name of the People of the State of
15Illinois, through the Attorney General or the State's Attorney
16of the county in which the violation is alleged to have
17occurred, petition for an order enjoining the violation or for
18an order enforcing compliance with this Act. Upon the filing
19of a verified petition, the court with appropriate
20jurisdiction may issue a temporary restraining order without
21notice or bond, and may preliminarily and permanently enjoin
22the violation. If it is established that the individual has
23violated or is violating the injunction, the court may punish
24the offender for contempt of court. Proceedings under this
25Section are in addition to all other remedies and penalties



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1provided by this Act.
2    (b) If an individual holds oneself out as being a licensed
3behavior analyst or a licensed assistant behavior analyst
4under this Act and is not licensed to do so, then any licensed
5behavior analyst, licensed assistant behavior analyst,
6interested party, or any person injured thereby may petition
7for relief as provided in subsection (a).
8    (c) Whenever, in the opinion of the Department, an
9individual violates a provision of this Act, the Department
10may issue a rule to show cause why an order to cease and desist
11should not be entered against that person. The rule shall
12clearly set forth the grounds relied upon by the Department
13and shall allow at least 7 days from the date of the rule to
14file an answer satisfactory to the Department. Failure to
15answer to the satisfaction of the Department shall cause an
16order to cease and desist to be issued.
17    Section 80. Powers and duties of the Department.
18    (a) The Department shall exercise the powers and duties
19prescribed by the Civil Administrative Code of Illinois for
20the administration of licensure Acts and shall exercise other
21powers and duties necessary for effectuating the purposes of
22this Act.
23    (b) The Department shall adopt rules to administer and
24enforce this Act, including, but not limited to, fees for
25original licensure and renewal and restoration of licenses,



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1and may prescribe forms to be issued to implement this Act. At
2a minimum, the rules adopted by the Department shall include
3standards and criteria for licensure and for professional
4conduct and discipline. The Department may consult with the
5Board in adopting rules. The Department may at any time seek
6the advice and expert knowledge of the Board on any matter
7relating to the administration of this Act.
8    (c) Subject to the provisions of this Act, the Department
10        (1) Authorize examinations to ascertain the
11    qualifications and fitness of applicants for licensing as
12    licensed behavior analysts or licensed assistant behavior
13    analysts and pass upon the qualifications of applicants
14    for licensure by endorsement.
15        (2) Conduct hearings or proceedings to refuse to issue
16    or renew or to revoke licenses or suspend, place on
17    probation, censure, or reprimand or take any other
18    disciplinary or nondisciplinary action with regard to a
19    person licensed under this Act.
20        (3) Adopt rules required for the administration of
21    this Act.
22        (4) Conduct investigations related to possible
23    violations of this Act, and prescribe forms to be issued
24    for the administration and enforcement of this Act
25    consistent with and reflecting the requirements of this
26    Act and rules adopted pursuant to this Act.



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1    (d) All information collected by the Department in the
2course of an examination or investigation of a licensee or
3applicant, including, but not limited to, any complaint
4against a licensee filed with the Department and information
5collected to investigate any complaint, shall be maintained
6for the confidential use of the Department and shall not be
7disclosed. The Department may not disclose the information to
8anyone other than law enforcement officials, other regulatory
9agencies that have an appropriate regulatory interest as
10determined by the Secretary, or to a party presenting a lawful
11subpoena to the Department. Information and documents
12disclosed to a federal, State, county, or local law
13enforcement agency shall not be disclosed by the agency for
14any purpose to any other agency or person. A formal complaint
15filed against a licensee by the Department or any order issued
16by the Department against a licensee or applicant shall be a
17public record, except as otherwise prohibited by law.
18    Section 85. Investigations; notice; hearing.
19    (a) The Department may investigate the actions of any
20applicant or of any person holding or claiming to hold a
21license under this Act.
22    (b) The Department shall, before disciplining an applicant
23or licensee, at least 30 days prior to the date set for the
24hearing: (i) notify, in writing, the applicant or licensee of
25the charges made and the time and place for the hearing on the



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1charges; (ii) direct the applicant or licensee to file a
2written answer to the charges under oath within 20 days after
3the service of the notice; and (iii) inform the applicant or
4licensee that failure to file an answer will result in a
5default being entered against the applicant or licensee.
6    (c) Written or electronic notice, and any notice in the
7subsequent proceeding, may be served by personal delivery, by
8email, or by mail to the applicant or licensee at the
9applicant's or licensee's address of record or email address
10of record.
11    (d) At the time and place fixed in the notice, the
12Department shall proceed to hear the charges and the parties
13or the parties' counsel shall be accorded ample opportunity to
14present any statements, testimony, evidence and argument as
15may be pertinent to the charges or to the parties' defense. The
16Board may continue the hearing from time to time.
17    If the person, after receiving the notice, fails to file
18an answer, the person's license may, in the discretion of the
19Secretary, having first received the recommendation of the
20Board, be suspended, revoked, or placed on probationary
21status, or be subject to whatever disciplinary action the
22Secretary considers proper, including limiting the scope,
23nature, or extent of the person's practice or the imposition
24of a fine, without hearing, if the act or acts charged
25constitute sufficient grounds for that action under this Act.



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1    Section 90. Subpoenas; depositions; oaths. The Department
2shall have the power to subpoena and to bring before it any
3person and to take testimony either orally or by deposition,
4or both, with the same fees and mileage and in the same manner
5as prescribed in civil cases in the courts of this State.
6    The Secretary and every member of the Board shall have
7power to administer oaths to witnesses at any hearing which
8the Department is authorized to conduct, and any other oaths
9authorized in any Act administered by the Department.
10    Section 95. Compelling testimony. Any court, upon
11application of the Department, or the applicant or licensee
12against whom proceedings under Section 55 are pending, may
13enter an order requiring the attendance of witnesses and the
14witnesses' testimony, and the production of documents, papers,
15files, books and records in connection with any hearing or
16investigation. The court may compel obedience to its order by
17proceedings for contempt.
18    Section 100. Record of proceedings; transcript.
19    (a) The Department, at its expense, shall preserve a
20record of all proceedings at any formal hearing of any case.
21The notice of hearing, complaint and all other documents in
22the nature of pleadings and written motions filed in the
23proceedings, the transcript of testimony, the report of the
24Board, and the orders of the Department shall be the record of



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1the proceedings. The Department shall furnish a copy of the
2record to any person upon payment of the fee required under
3Section 2105-115 of the Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois.
5    (b) The Board shall hear evidence in support of the formal
6charges and evidence produced by the licensee. At the
7conclusion of the hearing, the Board shall present to the
8Secretary a written report of its findings of fact,
9conclusions of law, and recommendations.
10    Section 105. Findings and recommendations. At the
11conclusion of the hearing the Board shall present to the
12Secretary a written report of its findings of fact,
13conclusions of law, and recommendations. The report shall
14contain a finding as to whether the licensee violated this Act
15or failed to comply with the conditions required in this Act.
16The Board shall specify the nature of the violation or failure
17to comply, and shall make its recommendations to the
19    The report of findings of fact, conclusions of law, and
20recommendations of the Board shall be the basis for the
21Department's order or refusal or for the granting of the
22license or for any disciplinary action, unless the Secretary
23determines that the Board's report is contrary to the manifest
24weight of the evidence, in which case the Secretary may issue
25an order in contravention of the Board's report. The finding



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1is not admissible in evidence against the person in a criminal
2prosecution brought for the violation of this Act, but the
3hearing and finding are not a bar to a criminal prosecution
4brought for the violation of this Act.
5    Section 110. Motion for rehearing. At the conclusion of
6the hearing, a copy of the Board's report shall be served to
7the applicant or licensee by the Department, either personally
8or as provided in this Act for the service of a notice of
9hearing. Within 20 calendar days after service, the applicant
10or licensee may present to the Department a motion in writing
11for a rehearing, which shall specify the particular grounds
12for rehearing. The Department may respond to the motion for
13rehearing within 20 calendar days after its service on the
14Department. If no motion for rehearing is filed, then after
15the expiration of the time specified for filing the motion, or
16upon denial of a motion for rehearing, the Secretary may enter
17an order in accordance with the recommendation of the Board.
18If the applicant or licensee orders from the reporting service
19and pays for a transcript of the record within the time for
20filing a motion for rehearing, the 20-day period within which
21a motion may be filed shall commence upon the delivery of the
22transcript to the applicant or licensee.
23    Section 115. Restoration. At any time after the successful
24completion of a term of probation, suspension, or revocation



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1of any license, the Department may restore the license to the
2licensee upon the written recommendation of the Board unless
3after an investigation and hearing the Board or Department
4determines that restoration is not in the public interest.
5Where circumstances of suspension or revocation so indicate,
6the Department may require an examination of the licensee
7prior to restoring the licensee's license. No person whose
8license has been revoked as authorized in this Act may apply
9for restoration of that license until the time provided for in
10the Civil Administrative Code of Illinois.
11    Section 120. Surrender of license. Upon the revocation or
12suspension of any license, the licensee shall immediately
13surrender the licensee's license to the Department. If the
14licensee fails to do so, the Department shall have the right to
15seize the license.
16    Section 125. Summary suspension of a license. The
17Secretary may summarily suspend the license of a licensed
18behavior analyst or assistant behavior analyst without a
19hearing simultaneously with the institution of proceedings for
20a hearing provided for in this Act if the Secretary finds that
21evidence in the Secretary's possession indicates that a
22licensee's continuation in practice would constitute an
23imminent danger to the public. If the Secretary summarily
24suspends the license without a hearing, a hearing by the Board



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1or Department shall be held within 30 calendar days after the
2suspension has occurred.
3    Section 130. Administrative review.
4    (a) All final administrative decisions of the Department
5hereunder shall be subject to judicial review pursuant to the
6provisions of the Administrative Review Law, and all
7amendments and modifications thereof, and the rules adopted
8pursuant thereto. "Administrative decision" has the same
9meaning as in Section 3-101 of the Code of Civil Procedure.
10    (b) Proceedings for judicial review shall be commenced in
11the circuit court of the county in which the party applying for
12review resides, but if the party is not a resident of the
13State, the venue shall be in Sangamon County.
14    Section 135. Certification of record. The Department shall
15not be required to certify any record to the court, file any
16answer in court, or otherwise appear in any judicial review
17proceedings, unless and until the Department has received from
18the plaintiff payment of the costs of furnishing and
19certifying the record, which costs shall be determined by the
20Department. The failure on the part of the plaintiff to file a
21receipt in court shall be grounds for dismissal of the action.
22    Section 140. Fees. The Department shall provide by rule
23for a schedule of fees for the administration and enforcement



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1of this Act, including, but not limited to, original
2licensure, registration, renewal, and restoration. The fees
3shall be nonrefundable.
4    All fees, fines, and penalties collected under this Act
5shall be deposited into the General Professions Dedicated Fund
6and shall be appropriated to the Department for the ordinary
7and contingent expenses of the Department in the
8administration of this Act.
9    Section 145. Order; certified copy. An order or a
10certified copy thereof, over the seal of the Department and
11purporting to be signed by the Secretary, shall be prima facie
13        (1) that the signature is the genuine signature of the
14    Secretary;
15        (2) that the Secretary is duly appointed and
16    qualified; and
17        (3) that the Board and its members are qualified to
18    act.
19    Section 150. License restrictions and limitations. No
20business organization shall provide, attempt to provide, or
21offer to provide behavior analysis services unless every
22member, partner, shareholder, director, officer, holder of any
23other ownership interest, agent, and employee who renders
24applied behavior analysis services holds a currently valid



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1license issued under this Act. No business shall be created
2that (i) has a stated purpose that includes behavior analysis,
3or (ii) practices or holds itself out as available to practice
4behavior analysis therapy, unless it is organized under the
5Professional Service Corporation Act or Professional Limited
6Liability Company Act. Nothing in this Act shall preclude
7individuals licensed under this Act from practicing directly
8or indirectly for a physician licensed to practice medicine in
9all its branches under the Medical Practice Act of 1987 or for
10any legal entity as provided under subsection (c) of Section
1122.2 of the Medical Practice Act of 1987.
12    Section 155. Examinations.
13    (a) The Department shall authorize examinations of
14applicants as behavior analysts at such times and places as it
15may determine. The examination of applicants shall be of a
16character to give a fair test of the qualifications of the
17applicant to practice behavior analysis.
18    (b) Applicants for examination as behavior analysts shall
19be required to pay, either to the Department or the designated
20testing service, a fee covering the cost of providing the
22    (c) The Department may employ consultants for the purpose
23of preparing and conducting examinations.
24    Section 160. Social Security Number on license



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1application. In addition to any other information required to
2be contained in the application, every application for an
3original license under this Act shall include the applicant's
4Social Security Number, which shall be retained in the
5agency's records pertaining to the license. As soon as
6practical, the Department shall assign a customer's
7identification number to each applicant for a license.
8    Every application for a renewal or restored license shall
9require the applicant's customer identification number.
10    Section 900. The Regulatory Sunset Act is amended by
11adding Section 4.41 as follows:
12    (5 ILCS 80/4.41 new)
13    Sec. 4.41. Act repealed on January 1, 2032. The following
14Act is repealed on January 1, 2032:
15    The Behavior Analyst Licensing Act.
16    Section 903. The Illinois Public Aid Code is amended by
17changing Section 5-30.11 as follows:
18    (305 ILCS 5/5-30.11)
19    Sec. 5-30.11. Treatment of autism spectrum disorder.
20Treatment of autism spectrum disorder through applied behavior
21analysis shall be covered under the medical assistance program
22under this Article for children with a diagnosis of autism



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1spectrum disorder when ordered by: (1) a physician licensed to
2practice medicine in all its branches and rendered by a
3licensed or certified health care professional with expertise
4in applied behavior analysis; or (2) when evaluated and
5treated by a behavior analyst licensed by the Department of
6Financial and Professional Regulation to practice applied
7behavior analysis in this State. Such coverage may be limited
8to age ranges based on evidence-based best practices.
9Appropriate State plan amendments as well as rules regarding
10provision of services and providers will be submitted by
11September 1, 2019.
12(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
13    Section 905. The Adult Protective Services Act is amended
14by changing Section 2 as follows:
15    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
16    Sec. 2. Definitions. As used in this Act, unless the
17context requires otherwise:
18    (a) "Abandonment" means the desertion or willful forsaking
19of an eligible adult by an individual responsible for the care
20and custody of that eligible adult under circumstances in
21which a reasonable person would continue to provide care and
22custody. Nothing in this Act shall be construed to mean that an
23eligible adult is a victim of abandonment because of health
24care services provided or not provided by licensed health care



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2    (a-1) "Abuse" means causing any physical, mental or sexual
3injury to an eligible adult, including exploitation of such
4adult's financial resources, and abandonment.
5    Nothing in this Act shall be construed to mean that an
6eligible adult is a victim of abuse, abandonment, neglect, or
7self-neglect for the sole reason that he or she is being
8furnished with or relies upon treatment by spiritual means
9through prayer alone, in accordance with the tenets and
10practices of a recognized church or religious denomination.
11    Nothing in this Act shall be construed to mean that an
12eligible adult is a victim of abuse because of health care
13services provided or not provided by licensed health care
15    (a-5) "Abuser" means a person who abuses, abandons,
16neglects, or financially exploits an eligible adult.
17    (a-6) "Adult with disabilities" means a person aged 18
18through 59 who resides in a domestic living situation and
19whose disability as defined in subsection (c-5) impairs his or
20her ability to seek or obtain protection from abuse,
21abandonment, neglect, or exploitation.
22    (a-7) "Caregiver" means a person who either as a result of
23a family relationship, voluntarily, or in exchange for
24compensation has assumed responsibility for all or a portion
25of the care of an eligible adult who needs assistance with
26activities of daily living or instrumental activities of daily



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2    (b) "Department" means the Department on Aging of the
3State of Illinois.
4    (c) "Director" means the Director of the Department.
5    (c-5) "Disability" means a physical or mental disability,
6including, but not limited to, a developmental disability, an
7intellectual disability, a mental illness as defined under the
8Mental Health and Developmental Disabilities Code, or dementia
9as defined under the Alzheimer's Disease Assistance Act.
10    (d) "Domestic living situation" means a residence where
11the eligible adult at the time of the report lives alone or
12with his or her family or a caregiver, or others, or other
13community-based unlicensed facility, but is not:
14        (1) A licensed facility as defined in Section 1-113 of
15    the Nursing Home Care Act;
16        (1.5) A facility licensed under the ID/DD Community
17    Care Act;
18        (1.6) A facility licensed under the MC/DD Act;
19        (1.7) A facility licensed under the Specialized Mental
20    Health Rehabilitation Act of 2013;
21        (2) A "life care facility" as defined in the Life Care
22    Facilities Act;
23        (3) A home, institution, or other place operated by
24    the federal government or agency thereof or by the State
25    of Illinois;
26        (4) A hospital, sanitarium, or other institution, the



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1    principal activity or business of which is the diagnosis,
2    care, and treatment of human illness through the
3    maintenance and operation of organized facilities
4    therefor, which is required to be licensed under the
5    Hospital Licensing Act;
6        (5) A "community living facility" as defined in the
7    Community Living Facilities Licensing Act;
8        (6) (Blank);
9        (7) A "community-integrated living arrangement" as
10    defined in the Community-Integrated Living Arrangements
11    Licensure and Certification Act or a "community
12    residential alternative" as licensed under that Act;
13        (8) An assisted living or shared housing establishment
14    as defined in the Assisted Living and Shared Housing Act;
15    or
16        (9) A supportive living facility as described in
17    Section 5-5.01a of the Illinois Public Aid Code.
18    (e) "Eligible adult" means either an adult with
19disabilities aged 18 through 59 or a person aged 60 or older
20who resides in a domestic living situation and is, or is
21alleged to be, abused, abandoned, neglected, or financially
22exploited by another individual or who neglects himself or
23herself. "Eligible adult" also includes an adult who resides
24in any of the facilities that are excluded from the definition
25of "domestic living situation" under paragraphs (1) through
26(9) of subsection (d), if either: (i) the alleged abuse,



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1abandonment, or neglect occurs outside of the facility and not
2under facility supervision and the alleged abuser is a family
3member, caregiver, or another person who has a continuing
4relationship with the adult; or (ii) the alleged financial
5exploitation is perpetrated by a family member, caregiver, or
6another person who has a continuing relationship with the
7adult, but who is not an employee of the facility where the
8adult resides.
9    (f) "Emergency" means a situation in which an eligible
10adult is living in conditions presenting a risk of death or
11physical, mental or sexual injury and the provider agency has
12reason to believe the eligible adult is unable to consent to
13services which would alleviate that risk.
14    (f-1) "Financial exploitation" means the use of an
15eligible adult's resources by another to the disadvantage of
16that adult or the profit or advantage of a person other than
17that adult.
18    (f-5) "Mandated reporter" means any of the following
19persons while engaged in carrying out their professional
21        (1) a professional or professional's delegate while
22    engaged in: (i) social services, (ii) law enforcement,
23    (iii) education, (iv) the care of an eligible adult or
24    eligible adults, or (v) any of the occupations required to
25    be licensed under the Behavior Analyst Licensing Act, the
26    Clinical Psychologist Licensing Act, the Clinical Social



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1    Work and Social Work Practice Act, the Illinois Dental
2    Practice Act, the Dietitian Nutritionist Practice Act, the
3    Marriage and Family Therapy Licensing Act, the Medical
4    Practice Act of 1987, the Naprapathic Practice Act, the
5    Nurse Practice Act, the Nursing Home Administrators
6    Licensing and Disciplinary Act, the Illinois Occupational
7    Therapy Practice Act, the Illinois Optometric Practice Act
8    of 1987, the Pharmacy Practice Act, the Illinois Physical
9    Therapy Act, the Physician Assistant Practice Act of 1987,
10    the Podiatric Medical Practice Act of 1987, the
11    Respiratory Care Practice Act, the Professional Counselor
12    and Clinical Professional Counselor Licensing and Practice
13    Act, the Illinois Speech-Language Pathology and Audiology
14    Practice Act, the Veterinary Medicine and Surgery Practice
15    Act of 2004, and the Illinois Public Accounting Act;
16        (1.5) an employee of an entity providing developmental
17    disabilities services or service coordination funded by
18    the Department of Human Services;
19        (2) an employee of a vocational rehabilitation
20    facility prescribed or supervised by the Department of
21    Human Services;
22        (3) an administrator, employee, or person providing
23    services in or through an unlicensed community based
24    facility;
25        (4) any religious practitioner who provides treatment
26    by prayer or spiritual means alone in accordance with the



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1    tenets and practices of a recognized church or religious
2    denomination, except as to information received in any
3    confession or sacred communication enjoined by the
4    discipline of the religious denomination to be held
5    confidential;
6        (5) field personnel of the Department of Healthcare
7    and Family Services, Department of Public Health, and
8    Department of Human Services, and any county or municipal
9    health department;
10        (6) personnel of the Department of Human Services, the
11    Guardianship and Advocacy Commission, the State Fire
12    Marshal, local fire departments, the Department on Aging
13    and its subsidiary Area Agencies on Aging and provider
14    agencies, and the Office of State Long Term Care
15    Ombudsman;
16        (7) any employee of the State of Illinois not
17    otherwise specified herein who is involved in providing
18    services to eligible adults, including professionals
19    providing medical or rehabilitation services and all other
20    persons having direct contact with eligible adults;
21        (8) a person who performs the duties of a coroner or
22    medical examiner; or
23        (9) a person who performs the duties of a paramedic or
24    an emergency medical technician.
25    (g) "Neglect" means another individual's failure to
26provide an eligible adult with or willful withholding from an



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1eligible adult the necessities of life including, but not
2limited to, food, clothing, shelter or health care. This
3subsection does not create any new affirmative duty to provide
4support to eligible adults. Nothing in this Act shall be
5construed to mean that an eligible adult is a victim of neglect
6because of health care services provided or not provided by
7licensed health care professionals.
8    (h) "Provider agency" means any public or nonprofit agency
9in a planning and service area that is selected by the
10Department or appointed by the regional administrative agency
11with prior approval by the Department on Aging to receive and
12assess reports of alleged or suspected abuse, abandonment,
13neglect, or financial exploitation. A provider agency is also
14referenced as a "designated agency" in this Act.
15    (i) "Regional administrative agency" means any public or
16nonprofit agency in a planning and service area that provides
17regional oversight and performs functions as set forth in
18subsection (b) of Section 3 of this Act. The Department shall
19designate an Area Agency on Aging as the regional
20administrative agency or, in the event the Area Agency on
21Aging in that planning and service area is deemed by the
22Department to be unwilling or unable to provide those
23functions, the Department may serve as the regional
24administrative agency or designate another qualified entity to
25serve as the regional administrative agency; any such
26designation shall be subject to terms set forth by the



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2    (i-5) "Self-neglect" means a condition that is the result
3of an eligible adult's inability, due to physical or mental
4impairments, or both, or a diminished capacity, to perform
5essential self-care tasks that substantially threaten his or
6her own health, including: providing essential food, clothing,
7shelter, and health care; and obtaining goods and services
8necessary to maintain physical health, mental health,
9emotional well-being, and general safety. The term includes
10compulsive hoarding, which is characterized by the acquisition
11and retention of large quantities of items and materials that
12produce an extensively cluttered living space, which
13significantly impairs the performance of essential self-care
14tasks or otherwise substantially threatens life or safety.
15    (j) "Substantiated case" means a reported case of alleged
16or suspected abuse, abandonment, neglect, financial
17exploitation, or self-neglect in which a provider agency,
18after assessment, determines that there is reason to believe
19abuse, abandonment, neglect, or financial exploitation has
21    (k) "Verified" means a determination that there is "clear
22and convincing evidence" that the specific injury or harm
23alleged was the result of abuse, abandonment, neglect, or
24financial exploitation.
25(Source: P.A. 102-244, eff. 1-1-22.)



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1    Section 910. The Abused and Neglected Child Reporting Act
2is amended by changing Section 4 as follows:
3    (325 ILCS 5/4)
4    Sec. 4. Persons required to report; privileged
5communications; transmitting false report.
6    (a) The following persons are required to immediately
7report to the Department when they have reasonable cause to
8believe that a child known to them in their professional or
9official capacities may be an abused child or a neglected
11        (1) Medical personnel, including any: physician
12    licensed to practice medicine in any of its branches
13    (medical doctor or doctor of osteopathy); resident;
14    intern; medical administrator or personnel engaged in the
15    examination, care, and treatment of persons; psychiatrist;
16    surgeon; dentist; dental hygienist; chiropractic
17    physician; podiatric physician; physician assistant;
18    emergency medical technician; acupuncturist; registered
19    nurse; licensed practical nurse; advanced practice
20    registered nurse; genetic counselor; respiratory care
21    practitioner; home health aide; or certified nursing
22    assistant.
23        (2) Social services and mental health personnel,
24    including any: licensed professional counselor; licensed
25    clinical professional counselor; licensed social worker;



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1    licensed clinical social worker; licensed psychologist or
2    assistant working under the direct supervision of a
3    psychologist; associate licensed marriage and family
4    therapist; licensed marriage and family therapist; field
5    personnel of the Departments of Healthcare and Family
6    Services, Public Health, Human Services, Human Rights, or
7    Children and Family Services; supervisor or administrator
8    of the General Assistance program established under
9    Article VI of the Illinois Public Aid Code; social
10    services administrator; or substance abuse treatment
11    personnel.
12        (3) Crisis intervention personnel, including any:
13    crisis line or hotline personnel; or domestic violence
14    program personnel.
15        (4) Education personnel, including any: school
16    personnel (including administrators and certified and
17    non-certified school employees); personnel of institutions
18    of higher education; educational advocate assigned to a
19    child in accordance with the School Code; member of a
20    school board or the Chicago Board of Education or the
21    governing body of a private school (but only to the extent
22    required under subsection (d)); or truant officer.
23        (5) Recreation or athletic program or facility
24    personnel.
25        (6) Child care personnel, including any: early
26    intervention provider as defined in the Early Intervention



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1    Services System Act; director or staff assistant of a
2    nursery school or a child day care center; or foster
3    parent, homemaker, or child care worker.
4        (7) Law enforcement personnel, including any: law
5    enforcement officer; field personnel of the Department of
6    Juvenile Justice; field personnel of the Department of
7    Corrections; probation officer; or animal control officer
8    or field investigator of the Department of Agriculture's
9    Bureau of Animal Health and Welfare.
10        (8) Any funeral home director; funeral home director
11    and embalmer; funeral home employee; coroner; or medical
12    examiner.
13        (9) Any member of the clergy.
14        (10) Any physician, physician assistant, registered
15    nurse, licensed practical nurse, medical technician,
16    certified nursing assistant, licensed social worker,
17    licensed clinical social worker, or licensed professional
18    counselor of any office, clinic, licensed behavior
19    analyst, licensed assistant behavior analyst, or any other
20    physical location that provides abortions, abortion
21    referrals, or contraceptives.
22    (b) When 2 or more persons who work within the same
23workplace and are required to report under this Act share a
24reasonable cause to believe that a child may be an abused or
25neglected child, one of those reporters may be designated to
26make a single report. The report shall include the names and



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1contact information for the other mandated reporters sharing
2the reasonable cause to believe that a child may be an abused
3or neglected child. The designated reporter must provide
4written confirmation of the report to those mandated reporters
5within 48 hours. If confirmation is not provided, those
6mandated reporters are individually responsible for
7immediately ensuring a report is made. Nothing in this Section
8precludes or may be used to preclude any person from reporting
9child abuse or child neglect.
10    (c)(1) As used in this Section, "a child known to them in
11their professional or official capacities" means:
12        (A) the mandated reporter comes into contact with the
13    child in the course of the reporter's employment or
14    practice of a profession, or through a regularly scheduled
15    program, activity, or service;
16        (B) the mandated reporter is affiliated with an
17    agency, institution, organization, school, school
18    district, regularly established church or religious
19    organization, or other entity that is directly responsible
20    for the care, supervision, guidance, or training of the
21    child; or
22        (C) a person makes a specific disclosure to the
23    mandated reporter that an identifiable child is the victim
24    of child abuse or child neglect, and the disclosure
25    happens while the mandated reporter is engaged in his or
26    her employment or practice of a profession, or in a



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1    regularly scheduled program, activity, or service.
2    (2) Nothing in this Section requires a child to come
3before the mandated reporter in order for the reporter to make
4a report of suspected child abuse or child neglect.
5    (d) If an allegation is raised to a school board member
6during the course of an open or closed school board meeting
7that a child who is enrolled in the school district of which he
8or she is a board member is an abused child as defined in
9Section 3 of this Act, the member shall direct or cause the
10school board to direct the superintendent of the school
11district or other equivalent school administrator to comply
12with the requirements of this Act concerning the reporting of
13child abuse. For purposes of this paragraph, a school board
14member is granted the authority in his or her individual
15capacity to direct the superintendent of the school district
16or other equivalent school administrator to comply with the
17requirements of this Act concerning the reporting of child
19    Notwithstanding any other provision of this Act, if an
20employee of a school district has made a report or caused a
21report to be made to the Department under this Act involving
22the conduct of a current or former employee of the school
23district and a request is made by another school district for
24the provision of information concerning the job performance or
25qualifications of the current or former employee because he or
26she is an applicant for employment with the requesting school



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1district, the general superintendent of the school district to
2which the request is being made must disclose to the
3requesting school district the fact that an employee of the
4school district has made a report involving the conduct of the
5applicant or caused a report to be made to the Department, as
6required under this Act. Only the fact that an employee of the
7school district has made a report involving the conduct of the
8applicant or caused a report to be made to the Department may
9be disclosed by the general superintendent of the school
10district to which the request for information concerning the
11applicant is made, and this fact may be disclosed only in cases
12where the employee and the general superintendent have not
13been informed by the Department that the allegations were
14unfounded. An employee of a school district who is or has been
15the subject of a report made pursuant to this Act during his or
16her employment with the school district must be informed by
17that school district that if he or she applies for employment
18with another school district, the general superintendent of
19the former school district, upon the request of the school
20district to which the employee applies, shall notify that
21requesting school district that the employee is or was the
22subject of such a report.
23    (e) Whenever such person is required to report under this
24Act in his capacity as a member of the staff of a medical or
25other public or private institution, school, facility or
26agency, or as a member of the clergy, he shall make report



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1immediately to the Department in accordance with the
2provisions of this Act and may also notify the person in charge
3of such institution, school, facility or agency, or church,
4synagogue, temple, mosque, or other religious institution, or
5his designated agent that such report has been made. Under no
6circumstances shall any person in charge of such institution,
7school, facility or agency, or church, synagogue, temple,
8mosque, or other religious institution, or his designated
9agent to whom such notification has been made, exercise any
10control, restraint, modification or other change in the report
11or the forwarding of such report to the Department.
12    (f) In addition to the persons required to report
13suspected cases of child abuse or child neglect under this
14Section, any other person may make a report if such person has
15reasonable cause to believe a child may be an abused child or a
16neglected child.
17    (g) The privileged quality of communication between any
18professional person required to report and his patient or
19client shall not apply to situations involving abused or
20neglected children and shall not constitute grounds for
21failure to report as required by this Act or constitute
22grounds for failure to share information or documents with the
23Department during the course of a child abuse or neglect
24investigation. If requested by the professional, the
25Department shall confirm in writing that the information or
26documents disclosed by the professional were gathered in the



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1course of a child abuse or neglect investigation.
2    The reporting requirements of this Act shall not apply to
3the contents of a privileged communication between an attorney
4and his or her client or to confidential information within
5the meaning of Rule 1.6 of the Illinois Rules of Professional
6Conduct relating to the legal representation of an individual
8    A member of the clergy may claim the privilege under
9Section 8-803 of the Code of Civil Procedure.
10    (h) Any office, clinic, or any other physical location
11that provides abortions, abortion referrals, or contraceptives
12shall provide to all office personnel copies of written
13information and training materials about abuse and neglect and
14the requirements of this Act that are provided to employees of
15the office, clinic, or physical location who are required to
16make reports to the Department under this Act, and instruct
17such office personnel to bring to the attention of an employee
18of the office, clinic, or physical location who is required to
19make reports to the Department under this Act any reasonable
20suspicion that a child known to him or her in his or her
21professional or official capacity may be an abused child or a
22neglected child.
23    (i) Any person who enters into employment on and after
24July 1, 1986 and is mandated by virtue of that employment to
25report under this Act, shall sign a statement on a form
26prescribed by the Department, to the effect that the employee



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1has knowledge and understanding of the reporting requirements
2of this Act. On and after January 1, 2019, the statement shall
3also include information about available mandated reporter
4training provided by the Department. The statement shall be
5signed prior to commencement of the employment. The signed
6statement shall be retained by the employer. The cost of
7printing, distribution, and filing of the statement shall be
8borne by the employer.
9    (j) Persons required to report child abuse or child
10neglect as provided under this Section must complete an
11initial mandated reporter training, including a section on
12implicit bias, within 3 months of their date of engagement in a
13professional or official capacity as a mandated reporter, or
14within the time frame of any other applicable State law that
15governs training requirements for a specific profession, and
16at least every 3 years thereafter. The initial requirement
17only applies to the first time they engage in their
18professional or official capacity. In lieu of training every 3
19years, medical personnel, as listed in paragraph (1) of
20subsection (a), must meet the requirements described in
21subsection (k).
22    The mandated reporter trainings shall be in-person or
23web-based, and shall include, at a minimum, information on the
24following topics: (i) indicators for recognizing child abuse
25and child neglect, as defined under this Act; (ii) the process
26for reporting suspected child abuse and child neglect in



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1Illinois as required by this Act and the required
2documentation; (iii) responding to a child in a
3trauma-informed manner; and (iv) understanding the response of
4child protective services and the role of the reporter after a
5call has been made. Child-serving organizations are encouraged
6to provide in-person annual trainings.
7    The implicit bias section shall be in-person or web-based,
8and shall include, at a minimum, information on the following
9topics: (i) implicit bias and (ii) racial and ethnic
10sensitivity. As used in this subsection, "implicit bias" means
11the attitudes or internalized stereotypes that affect people's
12perceptions, actions, and decisions in an unconscious manner
13and that exist and often contribute to unequal treatment of
14people based on race, ethnicity, gender identity, sexual
15orientation, age, disability, and other characteristics. The
16implicit bias section shall provide tools to adjust automatic
17patterns of thinking and ultimately eliminate discriminatory
18behaviors. During these trainings mandated reporters shall
19complete the following: (1) a pretest to assess baseline
20implicit bias levels; (2) an implicit bias training task; and
21(3) a posttest to reevaluate bias levels after training. The
22implicit bias curriculum for mandated reporters shall be
23developed within one year after the effective date of this
24amendatory Act of the 102nd General Assembly and shall be
25created in consultation with organizations demonstrating
26expertise and or experience in the areas of implicit bias,



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1youth and adolescent developmental issues, prevention of child
2abuse, exploitation, and neglect, culturally diverse family
3systems, and the child welfare system.
4    The mandated reporter training, including a section on
5implicit bias, shall be provided through the Department,
6through an entity authorized to provide continuing education
7for professionals licensed through the Department of Financial
8and Professional Regulation, the State Board of Education, the
9Illinois Law Enforcement Training Standards Board, or the
10Department of State Police, or through an organization
11approved by the Department to provide mandated reporter
12training, including a section on implicit bias. The Department
13must make available a free web-based training for reporters.
14    Each mandated reporter shall report to his or her employer
15and, when applicable, to his or her licensing or certification
16board that he or she received the mandated reporter training.
17The mandated reporter shall maintain records of completion.
18    Beginning January 1, 2021, if a mandated reporter receives
19licensure from the Department of Financial and Professional
20Regulation or the State Board of Education, and his or her
21profession has continuing education requirements, the training
22mandated under this Section shall count toward meeting the
23licensee's required continuing education hours.
24    (k)(1) Medical personnel, as listed in paragraph (1) of
25subsection (a), who work with children in their professional
26or official capacity, must complete mandated reporter training



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1at least every 6 years. Such medical personnel, if licensed,
2must attest at each time of licensure renewal on their renewal
3form that they understand they are a mandated reporter of
4child abuse and neglect, that they are aware of the process for
5making a report, that they know how to respond to a child in a
6trauma-informed manner, and that they are aware of the role of
7child protective services and the role of a reporter after a
8call has been made.
9    (2) In lieu of repeated training, medical personnel, as
10listed in paragraph (1) of subsection (a), who do not work with
11children in their professional or official capacity, may
12instead attest each time at licensure renewal on their renewal
13form that they understand they are a mandated reporter of
14child abuse and neglect, that they are aware of the process for
15making a report, that they know how to respond to a child in a
16trauma-informed manner, and that they are aware of the role of
17child protective services and the role of a reporter after a
18call has been made. Nothing in this paragraph precludes
19medical personnel from completing mandated reporter training
20and receiving continuing education credits for that training.
21    (l) The Department shall provide copies of this Act, upon
22request, to all employers employing persons who shall be
23required under the provisions of this Section to report under
24this Act.
25    (m) Any person who knowingly transmits a false report to
26the Department commits the offense of disorderly conduct under



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1subsection (a)(7) of Section 26-1 of the Criminal Code of
22012. A violation of this provision is a Class 4 felony.
3    Any person who knowingly and willfully violates any
4provision of this Section other than a second or subsequent
5violation of transmitting a false report as described in the
6preceding paragraph, is guilty of a Class A misdemeanor for a
7first violation and a Class 4 felony for a second or subsequent
8violation; except that if the person acted as part of a plan or
9scheme having as its object the prevention of discovery of an
10abused or neglected child by lawful authorities for the
11purpose of protecting or insulating any person or entity from
12arrest or prosecution, the person is guilty of a Class 4 felony
13for a first offense and a Class 3 felony for a second or
14subsequent offense (regardless of whether the second or
15subsequent offense involves any of the same facts or persons
16as the first or other prior offense).
17    (n) A child whose parent, guardian or custodian in good
18faith selects and depends upon spiritual means through prayer
19alone for the treatment or cure of disease or remedial care may
20be considered neglected or abused, but not for the sole reason
21that his parent, guardian or custodian accepts and practices
22such beliefs.
23    (o) A child shall not be considered neglected or abused
24solely because the child is not attending school in accordance
25with the requirements of Article 26 of the School Code, as



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1    (p) Nothing in this Act prohibits a mandated reporter who
2reasonably believes that an animal is being abused or
3neglected in violation of the Humane Care for Animals Act from
4reporting animal abuse or neglect to the Department of
5Agriculture's Bureau of Animal Health and Welfare.
6    (q) A home rule unit may not regulate the reporting of
7child abuse or neglect in a manner inconsistent with the
8provisions of this Section. This Section is a limitation under
9subsection (i) of Section 6 of Article VII of the Illinois
10Constitution on the concurrent exercise by home rule units of
11powers and functions exercised by the State.
12    (r) For purposes of this Section "child abuse or neglect"
13includes abuse or neglect of an adult resident as defined in
14this Act.
15(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".