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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Behavior Analyst Licensing Act is amended
5 by changing Section 20 and 150 as follows:
6 (225 ILCS 6/20)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 20. License required; exemptions.
9 (a) Beginning 10 months after the adoption of the rules
10 required under subsection (b) of Section 80 30 months after
11 the effective date of this Act, an individual shall not engage
12 in the practice of applied behavior analysis unless licensed
13 under this Act or covered by an exemption under subsection
14 (c).
15 (a-5) An individual licensed under this Act as an
16 assistant behavior analyst shall not engage in the practice of
17 applied behavior analysis unless supervised by a licensed
18 clinical psychologist or licensed behavior analyst.
19 (b) Beginning 10 months after the adoption of the rules
20 required under subsection (b) of Section 80 30 months after
21 the effective date of this Act, an individual shall not use the
22 title "licensed behavior analyst", "L.B.A.", "licensed
23 assistant behavior analyst", "L.A.B.A.", or similar words or
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1 letters indicating the individual is licensed as a behavior
2 analyst or assistant behavior analyst unless the individual is
3 actually licensed under this Act.
4 (c) This Act does not prohibit any of the following:
5 (1) Self-care by a patient or uncompensated care by a
6 friend or family member who does not represent or hold
7 oneself out to be a behavior analyst or assistant behavior
8 analyst.
9 (2) An individual from implementing a behavior
10 analytic treatment plan under the extended authority,
11 direction, and supervision of a licensed behavior analyst
12 or licensed assistant behavior analyst.
13 (3) A clinical psychologist, social worker,
14 psychiatric nurse, speech-language pathologist,
15 audiologist, professional counselor, clinical
16 professional counselor, clinical social worker, or
17 marriage and family therapist from performing or
18 advertising activities that are considered to be the
19 practice of applied behavior analysis under this Act if
20 the activities are consistent with the laws of this State,
21 the individual's training, and any code of ethics of the
22 individual's respective professions, so long as the
23 individual does not use the titles provided in subsection
24 (b).
25 (4) An individual from performing activities that are
26 considered to be the practice of applied behavior analysis
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1 under this Act if the activities are with nonhumans,
2 including applied animal behaviorists and animal trainers.
3 The individual may use the title "behavior analyst" but
4 shall not represent oneself as a licensed behavior analyst
5 or licensed assistant behavior analyst unless the
6 individual holds a license issued by the State.
7 (5) An individual who provides general applied
8 behavior analysis services to organizations, so long as
9 the services are for the benefit of the organizations and
10 do not involve direct services to individuals. The
11 individual may use the title "behavior analyst" but may
12 not represent oneself as a licensed behavior analyst or
13 licensed assistant behavior analyst unless the individual
14 holds a license issued by the State.
15 (6) An individual who is a matriculated student at a
16 nationally accredited university approved in rules or a
17 postdoctoral fellow from performing activities that are
18 considered to be the practice of applied behavior analysis
19 under this Act if the activities are part of a defined
20 program of study, course, practicum, internship, or
21 postdoctoral fellowship, provided that the applied
22 behavior analysis activities are directly supervised by a
23 licensed behavior analyst under this Act or a licensed
24 clinical psychologist.
25 (7) An individual who is not licensed under this Act
26 from pursuing field experience in the practice of behavior
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1 analysis if the experience is supervised by a licensed
2 behavior analyst or a licensed psychologist.
3 (8) An individual with a learning behavior specialist
4 or school support personnel endorsement from the State
5 Board of Education, the school district in which the
6 school is located, or a special education joint agreement
7 serving the school district in which the school is located
8 from delivering behavior analytic services in a school
9 setting when employed by that school as long as those
10 services are defined in the scope of practice for that
11 endorsement and that person is not in any manner held out
12 to the public as a licensed behavior analyst or licensed
13 assistant behavior analyst.
14 (9) A qualified intellectual disabilities
15 professional, meeting the minimum federal education
16 requirements outlined in 42 CFR 483.430, who is performing
17 the duties required for individuals with intellectual or
18 developmental disabilities in programs and facilities
19 regulated by the federal Centers for Medicare and Medicaid
20 Services, the Department of Human Services, or the
21 Department of Public Health, so long as the individual
22 does not use the titles provided in subsection (b).
23 (10) A service provider, designated by the Department
24 of Human Services, from providing behavior intervention
25 and treatment, so long as the individual does not use the
26 titles provided in subsection (b).
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1 (d) This Act does not apply to an individual who, on the
2 effective date of this Act, is engaging in the practice of
3 applied behavior analysis under the medical assistance program
4 under the Illinois Public Aid Code while that individual is
5 seeking the education, training, and experience necessary to
6 obtain a license under this Act.
7 (e) No licensed behavior analyst or licensed assistant
8 behavior analyst shall engage in the practice of
9 speech-language pathology or the practice of audiology, as
10 defined in the Illinois Speech-Language Pathology and
11 Audiology Practice Act, unless licensed to do so under that
12 Act.
13 (Source: P.A. 102-953, eff. 5-27-22.)
14 (225 ILCS 6/150)
15 (Section scheduled to be repealed on January 1, 2028)
16 Sec. 150. License restrictions and limitations.
17 Notwithstanding the exclusion in paragraph (2) of subsection
18 (c) of Section 20 that permits an individual to implement a
19 behavior analytic treatment plan under the extended authority,
20 direction, and supervision of a licensed behavior analyst or
21 licensed assistant behavior analyst, beginning 24 months after
22 the Department has commenced issuance of licenses under this
23 Act, no business organization shall provide, attempt to
24 provide, or offer to provide behavior analysis services unless
25 every member, partner, shareholder, director, officer, holder
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1 of any other ownership interest, agent, and employee who
2 renders applied behavior analysis services holds a currently
3 valid license issued under this Act. No business shall be
4 created that (i) has a stated purpose that includes behavior
5 analysis, or (ii) practices or holds itself out as available
6 to practice behavior analysis therapy, unless it is organized
7 under the Professional Service Corporation Act or Professional
8 Limited Liability Company Act. Nothing in this Act shall
9 preclude individuals licensed under this Act from practicing
10 directly or indirectly for a physician licensed to practice
11 medicine in all its branches under the Medical Practice Act of
12 1987 or for any legal entity as provided under subsection (c)
13 of Section 22.2 of the Medical Practice Act of 1987.
14 (Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.)
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