HB1970eng 100TH GENERAL ASSEMBLY

HB1970 Engrossed LRB100 04634 SMS 14640 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Behavior Analyst Licensing Act.

Section 5. Public policy. The practice of applied behavior analysis is declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a license and hold the title of "behavior analyst" or "assistant behavior analyst", to promote high standards of professional performance for those licensed to practice applied behavior analysis in the State of Illinois, and to protect the public from unprofessional conduct by persons licensed to practice applied behavior analysis.

Section 10. Definitions. As used in this Act:

"Applied behavior analysis" means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relations between environment and behavior. "Applied behavior analysis" does not include:

(1) the practice of medicine, the practice of osteopathic medicine and surgery, or medical diagnosis or treatment;

(2) the practice of speech-language pathology;

(3) the practice of physical therapy;

(4) the practice of occupational therapy;

(5) psychological testing, including standardized testing for intelligence or personality;

(6) diagnosis of a mental or physical disorder; or

(7) the practice of neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, or counseling as treatment modalities.

"Assistant behavior analyst" means an individual licensed under this Act to engage in practice as an assistant behavior analyst.

"Behavior analyst" means an individual licensed to engage in the practice of applied behavior analysis.

"Behavior technician" means a noncredentialed individual who delivers applied behavior analysis services under the delegation and supervision of a behavior analyst.

"Behavioral health treatment" means evidence-based counseling and treatment programs, including applied behavior analysis, that are (i) necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of an individual and (ii) provided or supervised by a board-certified behavior analyst or a licensed psychologist so long as the services performed are commensurate with the psychologist's formal university training and supervised experience.

"Department" means the Department of Financial and Professional Regulation.

"Practice as an assistant behavior analyst" means the practice of applied behavior analysis under the supervision of a behavior analyst.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Sexual offense" means an offense that would require an individual to be subject to registration under the Sex Offender Registration Act.

Section 15. License required.

(a) Beginning 2 years after the effective date of rules adopted by the Department to implement this Act, an individual shall not engage in the practice of applied behavior analysis or practice as an assistant behavior analyst unless licensed under this Act.

(b) Beginning 2 years after the effective date of rules adopted by the Department to implement this Act, an individual shall not use the titles "behavior analyst", "B.A.", "licensed behavior analyst", "L.B.A.", "assistant behavior analyst", "A.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", or similar words or letters that indicate that he or she is licensed as a behavior analyst or assistant behavior analyst unless the individual is licensed under this Act.

(c) This Act does not prohibit any of the following:

(1) Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold himself or herself out to be a behavior analyst or assistant behavior analyst.

(2) A behavior technician or a family member from implementing a plan under the extended authority, direction, and, if applicable, supervision of a behavior analyst.

(3) An individual licensed under any other law of this State from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are within the licensee's scope of practice and are commensurate with his or her education, training, and experience, so long as the individual does not use the titles provided in subsection (b) of this Section.

(4) An individual from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are with nonhuman or nonpatient clients or consumers, including, but not limited to, applied animal behaviorists and practitioners of organizational behavior management.

(5) An individual who is a matriculated student at a nationally accredited university approved in rules or who is a postdoctoral fellow from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are part of a defined behavior analysis program of study or practicum approved by Department rule and if the student or fellow is directly supervised by an individual who is (A) licensed as a behavior analyst under this Act or (B) appointed as the instructor of a course sequence approved by the Behavior Analyst Certification Board or other certification board.

(6) An individual who is not licensed under this Act from pursuing experience requirements for applied behavior analysis credentials if the experience is supervised by an individual who is licensed as a behavioral analyst.

(d) This Act does not apply to an individual who, on the effective date of this Act, is engaging in the practice of applied behavior analysis under the medical assistance program under the Illinois Public Aid Code while that individual is seeking the education, training, and experience necessary to obtain a license under this Act and only while the individual is providing applied behavior analysis to children in the provision of home and community-based services.

Section 20. Qualifications for licensure as a behavior analyst. The Department shall issue a license as a behavior analyst to an individual who, on or before the effective date of this Act, had the credentials as a certified behavior analyst conferred for applied behavior analysis by the Behavior Analyst Certification Board and who applies for licensure as a behavior analyst within one year after the effective date of the rules adopted by the Department to implement this Act. Each applicant for licensure as a behavior analyst shall have his or her fingerprints submitted to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be electronically transmitted through a live scan fingerprint vendor licensed by the Department. These fingerprints shall be checked against the Department of State Police and the Federal Bureau of Investigation criminal history record information database now and hereafter filed. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the Illinois and national criminal history record check. The Department of State Police shall furnish, pursuant to positive identification, records of all Illinois convictions to the Department.

Section 25. Qualifications for licensure as an assistant behavior analyst. The Department shall issue a license as an assistant behavior analyst to an individual who, on or before the effective date of this Act, had the credentials as a certified assistant behavior analyst conferred for applied behavior analysis by the Behavior Analyst Certification Board and who applies for licensure as an assistant behavior analyst within one year after the effective date of the rules adopted by the Department to implement this Act. Each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be electronically transmitted through a live scan fingerprint vendor licensed by the Department. These fingerprints shall be checked against the Department of State Police and the Federal Bureau of Investigation criminal history record information database now and hereafter filed. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the Illinois and national criminal history record check. The Department of State Police shall furnish, pursuant to positive identification, records of all Illinois convictions to the Department.

Section 30. Board of Behavior Analysts. The Board of Behavior Analysts is created within the Department of Financial and Professional Regulation. The Board shall consist of the following members appointed by the Secretary:

(1) four behavior analysts, 3 of whom provide clinical services;

(2) one individual who is affiliated with a public university in this State as an instructor or researcher in applied behavior analysis;

(3) one assistant behavior analyst;

(4) one physician licensed to practice medicine in all its branches who works with patients with autism spectrum disorders or brain injuries; and

(5) two public members.

The initial members of the Board who are behavior analysts must be certified as behavior analysts by the Behavior Analyst Certification Board and the initial member of the Board who is an assistant behavior analyst must be certified as an assistant behavior analyst by the Behavior Analyst Certification Board.

Board members shall serve for a term of 4 years, except that, of the initial appointments, 3 members shall serve for a term of 2 years, 3 members shall serve for a term of 3 years, and 3 members shall serve for a term of 4 years.

Section 35. Rules; minimum standards for licensure; renewal. Within 2 years after the effective date of this Act, the Department, in consultation with the Board of Behavior Analysts, shall adopt rules that establish the minimum standards for licensure as a behavior analyst and an assistant behavior analyst. For purposes of this Section, the Department may adopt in its rules the professional standards, in whole or in part, adopted by the Behavior Analyst Certification Board as its standards. Until rules are adopted under this Section, the Department shall use the standards adopted by the Behavior Analyst Certification Board that are in effect on the effective date of this Act.

The Department shall include in its rules adopted under this Act that an application for a license under this Act will be denied if the applicant's criminal history records check reveals that he or she was convicted of a sexual offense and that a licensee's license will be permanently revoked if he or she is convicted of a sexual offense while licensed under this Act.

The Department may include in its rules adopted under this Act a requirement that a licensee seeking to renew his or her license must furnish evidence that he or she is current on his or her certification by the Behavior Analyst Certification Board. In addition, the Department may require by rule that an assistant behavior analyst furnish evidence that he or she is practicing under the supervision of a licensed behavior analyst.

Section 40. Behavior technicians. An individual shall not act as a behavior technician in this State unless he or she has had a criminal history records check conducted by the Department and the criminal history records check does not reveal any criminal history record information for that individual. Each applicant for licensure as a behavior technician shall have his or her fingerprints submitted to the Department of State Police in the form and manner prescribed by the Department of State Police. These fingerprints shall be electronically transmitted through a live scan fingerprint vendor licensed by the Department. These fingerprints shall be checked against the Department of State Police and the Federal Bureau of Investigation criminal history record information database now and hereafter filed. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the Illinois and national criminal history record check. The Department of State Police shall furnish, pursuant to positive identification, records of all Illinois convictions to the Department.

A behavior technician shall not use the words, titles, or letters indicating that he or she is a behavior analyst or an assistant behavior analyst or that he or she is engaging in the practice of applied behavior analysis. A behavior technician shall use a title that indicates his or her noncredentialed status, including "Behavior Technician", "ABA Technician", or "Tutor".

Section 99. Effective date. This Act takes effect upon becoming law.