Illinois 2023-2024 Regular Session

Illinois House Bill HB5344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0857
2	1		HB5344 EnrolledLRB103 38353 RTM 68488 b HB5344 Enrolled LRB103 38353 RTM 68488 b
3	2		HB5344 Enrolled LRB103 38353 RTM 68488 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Behavior Analyst Licensing Act is amended
8		-	by changing Section 20 and 150 as follows:
9		-	(225 ILCS 6/20)
10		-	(Section scheduled to be repealed on January 1, 2028)
11		-	Sec. 20. License required; exemptions.
12		-	(a) Beginning 10 months after the adoption of the rules
13		-	required under subsection (b) of Section 80 30 months after
14		-	the effective date of this Act, an individual shall not engage
15		-	in the practice of applied behavior analysis unless licensed
16		-	under this Act or covered by an exemption under subsection
17		-	(c).
18		-	(a-5) An individual licensed under this Act as an
19		-	assistant behavior analyst shall not engage in the practice of
20		-	applied behavior analysis unless supervised by a licensed
21		-	clinical psychologist or licensed behavior analyst.
22		-	(b) Beginning 10 months after the adoption of the rules
23		-	required under subsection (b) of Section 80 30 months after
24		-	the effective date of this Act, an individual shall not use the
25		-	title "licensed behavior analyst", "L.B.A.", "licensed
26		-	assistant behavior analyst", "L.A.B.A.", or similar words or
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Behavior Analyst Licensing Act is amended
	7	+	5 by changing Section 20 and 150 as follows:
	8	+	6 (225 ILCS 6/20)
	9	+	7 (Section scheduled to be repealed on January 1, 2028)
	10	+	8 Sec. 20. License required; exemptions.
	11	+	9 (a) Beginning 10 months after the adoption of the rules
	12	+	10 required under subsection (b) of Section 80 30 months after
	13	+	11 the effective date of this Act, an individual shall not engage
	14	+	12 in the practice of applied behavior analysis unless licensed
	15	+	13 under this Act or covered by an exemption under subsection
	16	+	14 (c).
	17	+	15 (a-5) An individual licensed under this Act as an
	18	+	16 assistant behavior analyst shall not engage in the practice of
	19	+	17 applied behavior analysis unless supervised by a licensed
	20	+	18 clinical psychologist or licensed behavior analyst.
	21	+	19 (b) Beginning 10 months after the adoption of the rules
	22	+	20 required under subsection (b) of Section 80 30 months after
	23	+	21 the effective date of this Act, an individual shall not use the
	24	+	22 title "licensed behavior analyst", "L.B.A.", "licensed
	25	+	23 assistant behavior analyst", "L.A.B.A.", or similar words or
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28	27
29	28
30	29		HB5344 Enrolled LRB103 38353 RTM 68488 b
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33		-	letters indicating the individual is licensed as a behavior
34		-	analyst or assistant behavior analyst unless the individual is
35		-	actually licensed under this Act.
36		-	(c) This Act does not prohibit any of the following:
37		-	(1) Self-care by a patient or uncompensated care by a
38		-	friend or family member who does not represent or hold
39		-	oneself out to be a behavior analyst or assistant behavior
40		-	analyst.
41		-	(2) An individual from implementing a behavior
42		-	analytic treatment plan under the extended authority,
43		-	direction, and supervision of a licensed behavior analyst
44		-	or licensed assistant behavior analyst.
45		-	(3) A clinical psychologist, social worker,
46		-	psychiatric nurse, speech-language pathologist,
47		-	audiologist, professional counselor, clinical
48		-	professional counselor, clinical social worker, or
49		-	marriage and family therapist from performing or
50		-	advertising activities that are considered to be the
51		-	practice of applied behavior analysis under this Act if
52		-	the activities are consistent with the laws of this State,
53		-	the individual's training, and any code of ethics of the
54		-	individual's respective professions, so long as the
55		-	individual does not use the titles provided in subsection
56		-	(b).
57		-	(4) An individual from performing activities that are
58		-	considered to be the practice of applied behavior analysis
	32	+	HB5344 Enrolled- 2 -LRB103 38353 RTM 68488 b HB5344 Enrolled - 2 - LRB103 38353 RTM 68488 b
	33	+	HB5344 Enrolled - 2 - LRB103 38353 RTM 68488 b
	34	+	1 letters indicating the individual is licensed as a behavior
	35	+	2 analyst or assistant behavior analyst unless the individual is
	36	+	3 actually licensed under this Act.
	37	+	4 (c) This Act does not prohibit any of the following:
	38	+	5 (1) Self-care by a patient or uncompensated care by a
	39	+	6 friend or family member who does not represent or hold
	40	+	7 oneself out to be a behavior analyst or assistant behavior
	41	+	8 analyst.
	42	+	9 (2) An individual from implementing a behavior
	43	+	10 analytic treatment plan under the extended authority,
	44	+	11 direction, and supervision of a licensed behavior analyst
	45	+	12 or licensed assistant behavior analyst.
	46	+	13 (3) A clinical psychologist, social worker,
	47	+	14 psychiatric nurse, speech-language pathologist,
	48	+	15 audiologist, professional counselor, clinical
	49	+	16 professional counselor, clinical social worker, or
	50	+	17 marriage and family therapist from performing or
	51	+	18 advertising activities that are considered to be the
	52	+	19 practice of applied behavior analysis under this Act if
	53	+	20 the activities are consistent with the laws of this State,
	54	+	21 the individual's training, and any code of ethics of the
	55	+	22 individual's respective professions, so long as the
	56	+	23 individual does not use the titles provided in subsection
	57	+	24 (b).
	58	+	25 (4) An individual from performing activities that are
	59	+	26 considered to be the practice of applied behavior analysis
59	60
60	61
61		-	under this Act if the activities are with nonhumans,
62		-	including applied animal behaviorists and animal trainers.
63		-	The individual may use the title "behavior analyst" but
64		-	shall not represent oneself as a licensed behavior analyst
65		-	or licensed assistant behavior analyst unless the
66		-	individual holds a license issued by the State.
67		-	(5) An individual who provides general applied
68		-	behavior analysis services to organizations, so long as
69		-	the services are for the benefit of the organizations and
70		-	do not involve direct services to individuals. The
71		-	individual may use the title "behavior analyst" but may
72		-	not represent oneself as a licensed behavior analyst or
73		-	licensed assistant behavior analyst unless the individual
74		-	holds a license issued by the State.
75		-	(6) An individual who is a matriculated student at a
76		-	nationally accredited university approved in rules or a
77		-	postdoctoral fellow from performing activities that are
78		-	considered to be the practice of applied behavior analysis
79		-	under this Act if the activities are part of a defined
80		-	program of study, course, practicum, internship, or
81		-	postdoctoral fellowship, provided that the applied
82		-	behavior analysis activities are directly supervised by a
83		-	licensed behavior analyst under this Act or a licensed
84		-	clinical psychologist.
85		-	(7) An individual who is not licensed under this Act
86		-	from pursuing field experience in the practice of behavior
87	62
88	63
89		-	analysis if the experience is supervised by a licensed
90		-	behavior analyst or a licensed psychologist.
91		-	(8) An individual with a learning behavior specialist
92		-	or school support personnel endorsement from the State
93		-	Board of Education, the school district in which the
94		-	school is located, or a special education joint agreement
95		-	serving the school district in which the school is located
96		-	from delivering behavior analytic services in a school
97		-	setting when employed by that school as long as those
98		-	services are defined in the scope of practice for that
99		-	endorsement and that person is not in any manner held out
100		-	to the public as a licensed behavior analyst or licensed
101		-	assistant behavior analyst.
102		-	(9) A qualified intellectual disabilities
103		-	professional, meeting the minimum federal education
104		-	requirements outlined in 42 CFR 483.430, who is performing
105		-	the duties required for individuals with intellectual or
106		-	developmental disabilities in programs and facilities
107		-	regulated by the federal Centers for Medicare and Medicaid
108		-	Services, the Department of Human Services, or the
109		-	Department of Public Health, so long as the individual
110		-	does not use the titles provided in subsection (b).
111		-	(10) A service provider, designated by the Department
112		-	of Human Services, from providing behavior intervention
113		-	and treatment, so long as the individual does not use the
114		-	titles provided in subsection (b).
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117		-	(d) This Act does not apply to an individual who, on the
118		-	effective date of this Act, is engaging in the practice of
119		-	applied behavior analysis under the medical assistance program
120		-	under the Illinois Public Aid Code while that individual is
121		-	seeking the education, training, and experience necessary to
122		-	obtain a license under this Act.
123		-	(e) No licensed behavior analyst or licensed assistant
124		-	behavior analyst shall engage in the practice of
125		-	speech-language pathology or the practice of audiology, as
126		-	defined in the Illinois Speech-Language Pathology and
127		-	Audiology Practice Act, unless licensed to do so under that
128		-	Act.
129		-	(Source: P.A. 102-953, eff. 5-27-22.)
130		-	(225 ILCS 6/150)
131		-	(Section scheduled to be repealed on January 1, 2028)
132		-	Sec. 150. License restrictions and limitations.
133		-	Notwithstanding the exclusion in paragraph (2) of subsection
134		-	(c) of Section 20 that permits an individual to implement a
135		-	behavior analytic treatment plan under the extended authority,
136		-	direction, and supervision of a licensed behavior analyst or
137		-	licensed assistant behavior analyst, beginning 24 months after
138		-	the Department has commenced issuance of licenses under this
139		-	Act, no business organization shall provide, attempt to
140		-	provide, or offer to provide behavior analysis services unless
141		-	every member, partner, shareholder, director, officer, holder
	68	+	HB5344 Enrolled- 3 -LRB103 38353 RTM 68488 b HB5344 Enrolled - 3 - LRB103 38353 RTM 68488 b
	69	+	HB5344 Enrolled - 3 - LRB103 38353 RTM 68488 b
	70	+	1 under this Act if the activities are with nonhumans,
	71	+	2 including applied animal behaviorists and animal trainers.
	72	+	3 The individual may use the title "behavior analyst" but
	73	+	4 shall not represent oneself as a licensed behavior analyst
	74	+	5 or licensed assistant behavior analyst unless the
	75	+	6 individual holds a license issued by the State.
	76	+	7 (5) An individual who provides general applied
	77	+	8 behavior analysis services to organizations, so long as
	78	+	9 the services are for the benefit of the organizations and
	79	+	10 do not involve direct services to individuals. The
	80	+	11 individual may use the title "behavior analyst" but may
	81	+	12 not represent oneself as a licensed behavior analyst or
	82	+	13 licensed assistant behavior analyst unless the individual
	83	+	14 holds a license issued by the State.
	84	+	15 (6) An individual who is a matriculated student at a
	85	+	16 nationally accredited university approved in rules or a
	86	+	17 postdoctoral fellow from performing activities that are
	87	+	18 considered to be the practice of applied behavior analysis
	88	+	19 under this Act if the activities are part of a defined
	89	+	20 program of study, course, practicum, internship, or
	90	+	21 postdoctoral fellowship, provided that the applied
	91	+	22 behavior analysis activities are directly supervised by a
	92	+	23 licensed behavior analyst under this Act or a licensed
	93	+	24 clinical psychologist.
	94	+	25 (7) An individual who is not licensed under this Act
	95	+	26 from pursuing field experience in the practice of behavior
142	96
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144		-	of any other ownership interest, agent, and employee who
145		-	renders applied behavior analysis services holds a currently
146		-	valid license issued under this Act. No business shall be
147		-	created that (i) has a stated purpose that includes behavior
148		-	analysis, or (ii) practices or holds itself out as available
149		-	to practice behavior analysis therapy, unless it is organized
150		-	under the Professional Service Corporation Act or Professional
151		-	Limited Liability Company Act. Nothing in this Act shall
152		-	preclude individuals licensed under this Act from practicing
153		-	directly or indirectly for a physician licensed to practice
154		-	medicine in all its branches under the Medical Practice Act of
155		-	1987 or for any legal entity as provided under subsection (c)
156		-	of Section 22.2 of the Medical Practice Act of 1987.
157		-	(Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.)
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	100	+
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	106	+	1 analysis if the experience is supervised by a licensed
	107	+	2 behavior analyst or a licensed psychologist.
	108	+	3 (8) An individual with a learning behavior specialist
	109	+	4 or school support personnel endorsement from the State
	110	+	5 Board of Education, the school district in which the
	111	+	6 school is located, or a special education joint agreement
	112	+	7 serving the school district in which the school is located
	113	+	8 from delivering behavior analytic services in a school
	114	+	9 setting when employed by that school as long as those
	115	+	10 services are defined in the scope of practice for that
	116	+	11 endorsement and that person is not in any manner held out
	117	+	12 to the public as a licensed behavior analyst or licensed
	118	+	13 assistant behavior analyst.
	119	+	14 (9) A qualified intellectual disabilities
	120	+	15 professional, meeting the minimum federal education
	121	+	16 requirements outlined in 42 CFR 483.430, who is performing
	122	+	17 the duties required for individuals with intellectual or
	123	+	18 developmental disabilities in programs and facilities
	124	+	19 regulated by the federal Centers for Medicare and Medicaid
	125	+	20 Services, the Department of Human Services, or the
	126	+	21 Department of Public Health, so long as the individual
	127	+	22 does not use the titles provided in subsection (b).
	128	+	23 (10) A service provider, designated by the Department
	129	+	24 of Human Services, from providing behavior intervention
	130	+	25 and treatment, so long as the individual does not use the
	131	+	26 titles provided in subsection (b).
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB5344 Enrolled - 4 - LRB103 38353 RTM 68488 b
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	142	+	1 (d) This Act does not apply to an individual who, on the
	143	+	2 effective date of this Act, is engaging in the practice of
	144	+	3 applied behavior analysis under the medical assistance program
	145	+	4 under the Illinois Public Aid Code while that individual is
	146	+	5 seeking the education, training, and experience necessary to
	147	+	6 obtain a license under this Act.
	148	+	7 (e) No licensed behavior analyst or licensed assistant
	149	+	8 behavior analyst shall engage in the practice of
	150	+	9 speech-language pathology or the practice of audiology, as
	151	+	10 defined in the Illinois Speech-Language Pathology and
	152	+	11 Audiology Practice Act, unless licensed to do so under that
	153	+	12 Act.
	154	+	13 (Source: P.A. 102-953, eff. 5-27-22.)
	155	+	14 (225 ILCS 6/150)
	156	+	15 (Section scheduled to be repealed on January 1, 2028)
	157	+	16 Sec. 150. License restrictions and limitations.
	158	+	17 Notwithstanding the exclusion in paragraph (2) of subsection
	159	+	18 (c) of Section 20 that permits an individual to implement a
	160	+	19 behavior analytic treatment plan under the extended authority,
	161	+	20 direction, and supervision of a licensed behavior analyst or
	162	+	21 licensed assistant behavior analyst, beginning 24 months after
	163	+	22 the Department has commenced issuance of licenses under this
	164	+	23 Act, no business organization shall provide, attempt to
	165	+	24 provide, or offer to provide behavior analysis services unless
	166	+	25 every member, partner, shareholder, director, officer, holder
	167	+
	168	+
	169	+
	170	+
	171	+
	172	+	HB5344 Enrolled - 5 - LRB103 38353 RTM 68488 b
	173	+
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	177	+	1 of any other ownership interest, agent, and employee who
	178	+	2 renders applied behavior analysis services holds a currently
	179	+	3 valid license issued under this Act. No business shall be
	180	+	4 created that (i) has a stated purpose that includes behavior
	181	+	5 analysis, or (ii) practices or holds itself out as available
	182	+	6 to practice behavior analysis therapy, unless it is organized
	183	+	7 under the Professional Service Corporation Act or Professional
	184	+	8 Limited Liability Company Act. Nothing in this Act shall
	185	+	9 preclude individuals licensed under this Act from practicing
	186	+	10 directly or indirectly for a physician licensed to practice
	187	+	11 medicine in all its branches under the Medical Practice Act of
	188	+	12 1987 or for any legal entity as provided under subsection (c)
	189	+	13 of Section 22.2 of the Medical Practice Act of 1987.
	190	+	14 (Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.)
	191	+
	192	+
	193	+
	194	+
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	196	+	HB5344 Enrolled - 6 - LRB103 38353 RTM 68488 b