Bill Amendment: IL HB5344 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ANALYST-LICENSE RESTRICTIONS

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0857 [HB5344 Detail]

Download: Illinois-2023-HB5344-Senate_Amendment_001.html

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Sen. Paul Faraci

Filed: 5/10/2024

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AMENDMENT TO HOUSE BILL 5344
AMENDMENT NO. ______. Amend House Bill 5344 by replacing
everything after the enacting clause with the following:
"Section 5. The Behavior Analyst Licensing Act is amended
by changing Section 20 and 150 as follows:
(225 ILCS 6/20)
(Section scheduled to be repealed on January 1, 2028)
Sec. 20. License required; exemptions.
(a) Beginning 10 months after the adoption of the rules
required under subsection (b) of Section 80 30 months after
the effective date of this Act, an individual shall not engage
in the practice of applied behavior analysis unless licensed
under this Act or covered by an exemption under subsection
(c).
(a-5) An individual licensed under this Act as an
assistant behavior analyst shall not engage in the practice of

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applied behavior analysis unless supervised by a licensed
clinical psychologist or licensed behavior analyst.
(b) Beginning 10 months after the adoption of the rules
required under subsection (b) of Section 80 30 months after
the effective date of this Act, an individual shall not use the
title "licensed behavior analyst", "L.B.A.", "licensed
assistant behavior analyst", "L.A.B.A.", or similar words or
letters indicating the individual is licensed as a behavior
analyst or assistant behavior analyst unless the individual is
actually 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
oneself out to be a behavior analyst or assistant behavior
analyst.
(2) An individual from implementing a behavior
analytic treatment plan under the extended authority,
direction, and supervision of a licensed behavior analyst
or licensed assistant behavior analyst.
(3) A clinical psychologist, social worker,
psychiatric nurse, speech-language pathologist,
audiologist, professional counselor, clinical
professional counselor, clinical social worker, or
marriage and family therapist from performing or
advertising activities that are considered to be the
practice of applied behavior analysis under this Act if

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the activities are consistent with the laws of this State,
the individual's training, and any code of ethics of the
individual's respective professions, so long as the
individual does not use the titles provided in subsection
(b).
(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 nonhumans,
including applied animal behaviorists and animal trainers.
The individual may use the title "behavior analyst" but
shall not represent oneself as a licensed behavior analyst
or licensed assistant behavior analyst unless the
individual holds a license issued by the State.
(5) An individual who provides general applied
behavior analysis services to organizations, so long as
the services are for the benefit of the organizations and
do not involve direct services to individuals. The
individual may use the title "behavior analyst" but may
not represent oneself as a licensed behavior analyst or
licensed assistant behavior analyst unless the individual
holds a license issued by the State.
(6) An individual who is a matriculated student at a
nationally accredited university approved in rules or 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

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program of study, course, practicum, internship, or
postdoctoral fellowship, provided that the applied
behavior analysis activities are directly supervised by a
licensed behavior analyst under this Act or a licensed
clinical psychologist.
(7) An individual who is not licensed under this Act
from pursuing field experience in the practice of behavior
analysis if the experience is supervised by a licensed
behavior analyst or a licensed psychologist.
(8) An individual with a learning behavior specialist
or school support personnel endorsement from the State
Board of Education, the school district in which the
school is located, or a special education joint agreement
serving the school district in which the school is located
from delivering behavior analytic services in a school
setting when employed by that school as long as those
services are defined in the scope of practice for that
endorsement and that person is not in any manner held out
to the public as a licensed behavior analyst or licensed
assistant behavior analyst.
(9) A qualified intellectual disabilities
professional, meeting the minimum federal education
requirements outlined in 42 CFR 483.430, who is performing
the duties required for individuals with intellectual or
developmental disabilities in programs and facilities
regulated by the federal Centers for Medicare and Medicaid

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Services, the Department of Human Services, or the
Department of Public Health, so long as the individual
does not use the titles provided in subsection (b).
(10) A service provider, designated by the Department
of Human Services, from providing behavior intervention
and treatment, so long as the individual does not use the
titles provided in subsection (b).
(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.
(e) No licensed behavior analyst or licensed assistant
behavior analyst shall engage in the practice of
speech-language pathology or the practice of audiology, as
defined in the Illinois Speech-Language Pathology and
Audiology Practice Act, unless licensed to do so under that
Act.
(Source: P.A. 102-953, eff. 5-27-22.)
(225 ILCS 6/150)
(Section scheduled to be repealed on January 1, 2028)
Sec. 150. License restrictions and limitations.
Notwithstanding the exclusion in paragraph (2) of subsection
(c) of Section 20 that permits an individual to implement a

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behavior analytic treatment plan under the extended authority,
direction, and supervision of a licensed behavior analyst or
licensed assistant behavior analyst, beginning 24 months after
the Department has commenced issuance of licenses under this
Act, no business organization shall provide, attempt to
provide, or offer to provide behavior analysis services unless
every member, partner, shareholder, director, officer, holder
of any other ownership interest, agent, and employee who
renders applied behavior analysis services holds a currently
valid license issued under this Act. No business shall be
created that (i) has a stated purpose that includes behavior
analysis, or (ii) practices or holds itself out as available
to practice behavior analysis therapy, unless it is organized
under the Professional Service Corporation Act or Professional
Limited Liability Company Act. Nothing in this Act shall
preclude individuals licensed under this Act from practicing
directly or indirectly for a physician licensed to practice
medicine in all its branches under the Medical Practice Act of
1987 or for any legal entity as provided under subsection (c)
of Section 22.2 of the Medical Practice Act of 1987.
(Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.)