Bill Text: IL HB1824 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts and assistant behavior analysts. Creates the Advisory Board of Behavior Analysts. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or nondisciplinary actions, and authorizing examinations. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1824 Detail]

Download: Illinois-2021-HB1824-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1824

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.41 new
320 ILCS 20/2 from Ch. 23, par. 6602
325 ILCS 5/4

Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts and assistant behavior analysts. Creates the Advisory Board of Behavior Analysts. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or nondisciplinary actions, and authorizing examinations. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB1824LRB102 09963 SPS 15281 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 the public health, safety, and
8welfare and to be subject to regulation in the public
9interest. The purpose of this Act is to protect and benefit the
10public by setting standards of qualifications, education,
11training, and experience for those who seek to obtain a
12license and hold the title of "licensed behavior analyst" or
13"licensed assistant behavior analyst", to promote high
14standards of professional performance for those licensed to
15practice applied behavior analysis in the State of Illinois,
16to protect the public from the practice of applied behavior
17analysis by unqualified persons and from unprofessional
18conduct by persons licensed to practice applied behavior
19analysis.
20 Section 10. Definitions. As used in this Act:
21 "Address of record" means the designated address recorded
22by the Department in the applicant's or licensee's application

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1file or license file as maintained by the Department's
2licensure maintenance unit.
3 "Board" means the Advisory Board of Behavior Analysts
4appointed by the Secretary.
5 "Department" means the Department of Financial and
6Professional Regulation.
7 "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the licensee's license file as maintained
10by the Department's licensure maintenance unit.
11 "Licensed assistant behavior analyst" means an individual
12licensed under this Act to engage in practice as an assistant
13behavior analyst under the supervision of a licensed behavior
14analyst or a licensed clinical psychologist.
15 "Licensed behavior analyst" means an individual licensed
16to engage in the practice of applied behavior analysis.
17 "Practice of behavior analysis" means the design,
18implementation, and evaluation of instructional and
19environmental modifications to produce socially significant
20improvement in human behavior. "Practice of behavior analysis"
21includes the empirical identification of functional relations
22between behavior environmental factors, known as functional
23assessment and analysis. Applied behavior analysis
24interventions are based on scientific research and the direct
25observation and measurement of behavior and environment.
26Applied behavior analysis interventions utilize contextual

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1factors, motivating operations, antecedent stimuli, positive
2reinforcement, and other procedures to help individuals
3develop new behaviors, increase or decrease existing
4behaviors, and elicit behaviors under specific environmental
5conditions. "Practice of behavior analysis" does not include:
6 (1) the practice of medicine, osteopathic medicine and
7 surgery, or medical diagnosis or treatment, as regulated
8 by the Medical Practice Act of 1987;
9 (2) the practice of nursing, as regulated by the Nurse
10 Practice Act;
11 (3) the practice of speech-language pathology, as
12 defined in the Illinois Speech-Language Pathology and
13 Audiology Practice Act;
14 (4) the practice of licensed clinical psychology, as
15 defined in the Clinical Psychologist Licensing Act;
16 (5) the practice of physical therapy, as defined in
17 the Illinois Physical Therapy Act;
18 (6) the practice of occupational therapy, as defined
19 in the Illinois Occupational Therapy Practice Act;
20 (7) psychological testing, including standardized
21 testing for intelligence or personality;
22 (8) diagnosis of a mental or physical disorder;
23 (9) the practice of neuropsychology, psychotherapy,
24 cognitive therapy, sex therapy, psychoanalysis,
25 hypnotherapy, and counseling as treatment modalities;
26 (10) the practice of school social work, as provided

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1 in Sections 10-20.65, 14-1.09a, and 34-18.58 of the School
2 Code;
3 (11) the practice of clinical social work or social
4 work, as regulated by the Clinical Social Work and Social
5 Work Practice Act;
6 (12) the practice of professional counseling, as
7 defined in the Professional Counselor and Clinical
8 Professional Counselor Licensing and Practice Act; or
9 (13) the practice of marriage and family therapy, as
10 defined in the Marriage and Family Therapy Licensing Act.
11 "Secretary" means the Secretary of Financial and
12Professional Regulation.
13 Section 15. Address of record; email address of record.
14All applicants and licensees shall:
15 (1) provide a valid address and email address to the
16 Department, which shall serve as the address of record and
17 email address of record, respectively, at the time of
18 application for licensure or renewal of a license; and
19 (2) inform the Department of any change of address of
20 record or email address of record within 14 days after
21 such change, either through the Department's website or by
22 contacting the Department's licensure maintenance unit.
23 Section 20. License required; exemptions.
24 (a) Beginning 24 months after the effective date of this

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1Act, an individual shall not engage in the practice of applied
2behavior analysis unless licensed under this Act or covered by
3an exemption under subsection (c).
4 (a-5) An individual licensed under this Act as an
5assistant behavior analyst shall not engage in the practice of
6applied behavior analysis unless supervised by a licensed
7clinical psychologist.
8 (b) Beginning 24 months after the effective date of this
9Act, an individual shall not use the title "licensed behavior
10analyst", "L.B.A.", "licensed assistant behavior analyst",
11"L.A.B.A.", or similar words or letters indicating he or she
12is licensed as a behavior analyst or assistant behavior
13analyst unless he or she is actually licensed under this Act.
14 (c) This Act does not prohibit any of the following:
15 (1) Self-care by a patient or uncompensated care by a
16 friend or family member who does not represent or hold
17 himself or herself out to be a behavior analyst or
18 assistant behavior analyst.
19 (2) An individual from implementing a behavior
20 analytic treatment plan under the extended authority,
21 direction, and supervision of a licensed behavior analyst
22 or licensed assistant behavior analyst.
23 (3) An individual licensed or certified under any
24 other law of this State from performing activities that
25 are considered to be the practice of applied behavior
26 analysis under this Act if the activities are within the

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1 individual's scope of practice and commensurate with his
2 or her education, training, and experience, so long as the
3 individual does not use the titles provided in subsection
4 (b).
5 (4) An individual from performing activities that are
6 considered to be the practice of applied behavior analysis
7 under this Act if the activities are with non-humans,
8 including applied animal behaviorists and animal trainers.
9 Such an individual may use the title "behavior analyst"
10 but shall not represent himself or herself as a licensed
11 behavior analyst or licensed assistant behavior analyst
12 unless he or she holds a license issued by the State.
13 (5) An individual who provides general applied
14 behavior analysis services to organizations, so long as
15 the services are for the benefit of the organizations and
16 do not involve direct services to individuals. Such an
17 individual may use the title "behavior analyst" but may
18 not represent himself or herself as a licensed behavior
19 analyst or licensed assistant behavior analyst unless he
20 or she holds a license issued by the State.
21 (6) An individual who is a matriculated student at a
22 nationally accredited university approved in rules or a
23 postdoctoral fellow from performing activities that are
24 considered to be the practice of applied behavior analysis
25 under this Act if the activities are part of a defined
26 program of study, course, practicum, internship, or

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1 postdoctoral fellowship, provided that the applied
2 behavior analysis activities are directly supervised by a
3 licensed behavior analyst under this Act or a licensed
4 clinical psychologist.
5 (7) An individual who is not licensed under this Act
6 from pursuing field experience in the practice of behavior
7 analysis if the experience is supervised by a licensed
8 behavior analyst or a licensed psychologist.
9 (8) An individual with a learning behavior specialist
10 or school support personnel endorsement from the Illinois
11 State Board of Education, the school district in which the
12 school is located, or a special education joint agreement
13 serving the school district in which the school is located
14 from delivering behavior analytic services in a school
15 setting when employed by that school as long as those
16 services are defined in the scope of practice for that
17 endorsement and that person is not in any manner held out
18 to the public as a licensed behavior analyst or licensed
19 assistant behavior analyst.
20 (9) A qualified intellectual disabilities
21 professional, meeting the minimum federal education
22 requirements outlined in 42 CFR 483.430, who is performing
23 such duties as required for individuals with intellectual
24 or developmental disabilities in programs and facilities
25 regulated by the federal Centers for Medicare and Medicaid
26 Services, the Department of Human Services, or the

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1 Department of Public Health, so long as the individual
2 does not use the titles provided in subsection (b).
3 (10) A service provider, designated by the Department
4 of Human Services, from providing behavior intervention
5 and treatment, so long as the individual does not use the
6 titles provided in subsection (b).
7 (d) This Act does not apply to an individual who, on the
8effective date of this Act, is engaging in the practice of
9applied behavior analysis for the medical assistance program
10under the Illinois Public Aid Code and is under the
11supervision of a licensed behavior analyst or licensed
12assistant behavior analyst and seeking the education,
13training, and experience necessary to obtain a license under
14this Act, so long as such practice does not continue after 24
15months after the effective date of this Act.
16 Section 23. Applications for original license.
17Applications for original licenses shall be made to the
18Department on forms or electronically as prescribed by the
19Department and accompanied by the required fee, which shall
20not be refundable. All applications shall contain such
21information which, in the judgment of the Department, will
22enable the Department to pass on the qualifications of the
23applicant for a license as a licensed behavior analyst or
24licensed assistant behavior analyst.
25 A license to practice shall not be denied to an applicant

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

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1 consideration whether the applicant was engaged in conduct
2 or actions that would constitute grounds for discipline
3 under this Act;
4 (3) demonstrates to the satisfaction of the Department
5 that he or she has successfully completed a graduate
6 degree from a nationally or regionally accredited
7 university approved by the Department and core coursework
8 related to principles and application of applied behavior
9 analysis;
10 (4) has met the supervised work experience required
11 for certification as a behavior analyst in effect at the
12 time the applicant passed the examination required in
13 paragraph (5);
14 (5) has passed the examination for the practice of
15 behavior analysis as authorized by the Department; and
16 (6) has paid the required fees.
17 (b) All applicants have 3 years after the date of
18application to complete the application process. If the
19process has not been completed in 3 years, the application
20shall be denied, the fee shall be forfeited, and the applicant
21must reapply and meet the requirements in effect at the time of
22reapplication.
23 Section 30. Qualifications for assistant behavior analyst
24license.
25 (a) A person qualifies to be licensed as an assistant

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1behavior analyst if that person:
2 (1) has applied in writing or electronically on forms
3 prescribed by the Department;
4 (2) is of good moral character; in determining good
5 moral character, the Department may take into
6 consideration whether the applicant was engaged in conduct
7 or actions that would constitute grounds for discipline
8 under this Act;
9 (3) demonstrates to the satisfaction of the Department
10 completion of a bachelor's degree from a nationally or
11 regionally accredited university approved by the
12 Department and core coursework related to principles and
13 application of applied behavior analysis;
14 (4) has met the supervised work experience required
15 for certification as an assistant behavior analyst in
16 effect at the time the applicant passed the examination
17 required in paragraph (5);
18 (5) has passed the examination for the practice of
19 behavior analysis as a licensed assistant behavior analyst
20 as authorized by the Department; and
21 (6) has paid the required fees.
22 (b) Applicants have 3 years after the date of application
23to complete the application process. If the process has not
24been completed in 3 years, the application shall be denied,
25the fee shall be forfeited, and the applicant must reapply and
26meet the requirements in effect at the time of reapplication.

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1 Section 35. Endorsement. The Department may issue a
2license as a behavior analyst or assistant behavior analyst to
3an applicant licensed under the laws of another jurisdiction
4if the requirements for licensure in that jurisdiction are, on
5the date of licensure, substantially equivalent to the
6requirements of this Act or to any person who, at the time of
7his or her licensure, possessed individual qualifications that
8were substantially equivalent to the requirements then in
9force in this State.
10 An applicant under this Section shall pay the required
11fees. An individual applying for licensure as a licensed
12behavior analyst or assistant behavior analyst who has been
13licensed in another United States jurisdiction for 10
14consecutive years without discipline is not required to submit
15proof of completion of the education, professional experience,
16and supervision required in Section 25 or 30.
17 Individuals with 10 consecutive years of experience must
18submit certified verification of licensure from the
19jurisdiction in which the applicant practiced and must comply
20with all other licensing requirements and pay all required
21fees. If the accuracy of any submitted documentation or the
22relevance or sufficiency of the coursework or experience is
23questioned by the Department or the Board because of a lack of
24information, discrepancies or conflicts in information given,
25or a need for clarification, the applicant seeking licensure

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1may be required to provide additional information.
2 Applicants under this Section have 3 years after the date
3of application to complete the application process. If the
4process has not been completed in 3 years, the application
5shall be denied, the fee shall be forfeited, and the applicant
6must reapply and meet the requirements in effect at the time of
7reapplication.
8 Section 40. Advisory Board of Behavior Analysts.
9 (a) The Secretary shall appoint an Advisory Board of
10Behavior Analysts consisting of 5 persons who shall serve in
11an advisory capacity to the Secretary. The Board shall consist
12of the following 5 members appointed by the Secretary: one
13licensed behavior analyst holding a doctoral degree, one
14licensed assistant behavior analyst, 2 licensed behavior
15analysts, and one public member not regulated under this Act
16or a similar Act and who clearly represents consumer
17interests. The Board shall serve in an advisory capacity.
18 (b) Members shall serve for a term of 4 years each, except
19that any person chosen to fill a vacancy shall be appointed
20only for the unexpired term of the Board member whom he or she
21shall succeed. Upon the expiration of this term of office, a
22Board member shall continue to serve until a successor is
23appointed and qualified. No member shall serve more than 2
24consecutive 4-year terms.
25 (c) The membership of the Board should represent racial

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1and cultural diversity and reasonably reflect representation
2from different geographic areas of Illinois.
3 (d) The Secretary may terminate the appointment of any
4member for cause.
5 (e) The Secretary may consider the recommendation of the
6Board on all matters and questions relating to this Act, such
7as: (i) matters relating to continuing education, including
8the number of hours necessary for license renewal, waivers for
9those unable to meet such requirements, and acceptable course
10content and (ii) rules for administration of this Act.
11 (f) The Board shall annually elect one of its members as
12chairperson and one as vice chairperson.
13 (g) Members of the Board shall be reimbursed for all
14legitimate, necessary, and authorized expenses.
15 (h) A majority of the Board members currently appointed
16shall constitute a quorum. A vacancy in the membership of the
17Board shall not impair the right of a quorum to perform all of
18the duties of the Board.
19 (i) Members of the Board shall have no liability in an
20action based upon a disciplinary proceeding or other activity
21performed in good faith as a member of the Board.
22 Section 45. Licenses; renewal; restoration; person in
23military service; inactive status.
24 (a) The expiration date and renewal period for each
25license issued under this Act shall be set by rule. The

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1licensee may renew a license during the 60-day period
2preceding its expiration date by paying the required fee and
3by demonstrating compliance with any continuing education
4requirements. The Department shall adopt rules establishing
5minimum requirements for continuing education and means for
6verification of the completion of the continuing education
7requirements. The Department may, by rule, specify
8circumstances under which the continuing education
9requirements may be waived.
10 (b) Any person who has permitted a license to expire or who
11has a license on inactive status may have it restored by
12submitting an application to the Department and filing proof
13of fitness, as defined by rule, to have the license restored,
14including, if appropriate, evidence that is satisfactory to
15the Department certifying the active practice of behavior
16analysis in another jurisdiction and by paying the required
17fee.
18 (c) If the person has not maintained an active practice in
19another jurisdiction that is satisfactory to the Department,
20the Department shall determine the person's fitness to resume
21active status. The Department may also require the person to
22complete a specific period of evaluated behavior analysis
23experience and may require successful completion of an
24examination.
25 (d) Notwithstanding any other provision of this Act, any
26person whose license expired while on active duty with the

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1armed forces of the United States, while called into service
2or training with the State Militia or in training or education
3under the supervision of the United States government prior to
4induction into the military service may have his or her
5license restored without paying any renewal fees if, within 2
6years after the honorable termination of that service,
7training, or education, except under conditions other than
8honorable, the Department is furnished with satisfactory
9evidence that the person has been so engaged and that the
10service, training, or education has been so terminated.
11 (e) A license to practice shall not be denied any
12applicant because of the applicant's race, religion, creed,
13national origin, political beliefs or activities, age, sex,
14sexual orientation, or physical impairment.
15 (f) The Department shall indicate on each license the
16academic degree of the licensee.
17 Section 50. Suspension of license for failure to pay
18restitution. The Department, without further process or
19hearing, shall suspend the license or other authorization to
20practice of any person issued under this Act who has been
21certified by court order as not having paid restitution to a
22person under Section 8A-3.5 of the Illinois Public Aid Code or
23under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or
24the Criminal Code of 2012. A person whose license or other
25authorization to practice is suspended under this Section is

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1prohibited from practicing until the restitution is made in
2full.
3 Section 55. Grounds for disciplinary action.
4 (a) The Department may refuse to issue or renew a license,
5or may suspend, revoke, place on probation, reprimand, or take
6any other disciplinary or non-disciplinary action deemed
7appropriate by the Department, including the imposition of
8fines not to exceed $10,000 for each violation, with regard to
9any license issued under the provisions of this Act for any one
10or a combination of the following grounds:
11 (1) material misstatements in furnishing information
12 to the Department or to any other State agency or in
13 furnishing information to any insurance company with
14 respect to a claim on behalf of a licensee or a patient;
15 (2) violations or negligent or intentional disregard
16 of this Act or its rules;
17 (3) conviction of or entry of a plea of guilty or nolo
18 contendere, finding of guilt, jury verdict, or entry of
19 judgment or sentencing, including, but not limited to,
20 convictions, preceding sentences of supervision,
21 conditional discharge, or first offender probation, under
22 the laws of any jurisdiction of the United States that is
23 (i) a felony or (ii) a misdemeanor, an essential element
24 of which is dishonesty, or that is directly related to the
25 practice of behavior analysis;

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

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

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

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

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

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

HB1824- 24 -LRB102 09963 SPS 15281 b
1renewed, disciplined, or supervised subject to such terms,
2conditions, or restrictions, and who fails to comply with such
3terms, conditions, or restrictions, shall be referred to the
4Secretary for a determination as to whether the person shall
5have his or her license suspended immediately, pending a
6hearing by the Department.
7 (f) All fines imposed shall be paid within 60 days after
8the effective date of the order imposing the fine or in
9accordance with the terms set forth in the order imposing the
10fine.
11 If the Secretary immediately suspends a person's license
12under this Section, a hearing on that person's license must be
13convened by the Department within 30 days after the suspension
14and completed without appreciable delay. The Department and
15Board shall have the authority to review the subject person's
16record of treatment and counseling regarding the impairment,
17to the extent permitted by applicable federal statutes and
18regulations safeguarding the confidentiality of medical
19records.
20 A person licensed under this Act and affected under this
21Section shall be afforded an opportunity to demonstrate to the
22Department or Board that he or she can resume practice in
23compliance with acceptable and prevailing standards under the
24provisions of his or her license.
25 Section 60. Illinois Administrative Procedure Act. The

HB1824- 25 -LRB102 09963 SPS 15281 b
1Illinois Administrative Procedure Act is hereby expressly
2adopted and incorporated in this Act as if all of the
3provisions of the Illinois Administrative Procedure Act were
4included in this Act, except that the provision of subsection
5(d) of Section 10-65 of the Illinois Administrative Procedure
6Act is expressly excluded, which provides that at hearings the
7license holder has the right to show compliance with all
8lawful requirements for retention, continuation, or renewal of
9a license. For the purposes of this Act, the notice required
10under Section 10-25 of the Illinois Administrative Procedure
11Act is deemed sufficient when served personally upon, mailed
12to the last known address of record of, or emailed to the email
13address of record of a party.
14 Section 65. Unlicensed practice; violation; civil penalty.
15 (a) Any person who practices, offers to practice, attempts
16to practice, or holds himself or herself out to practice as a
17licensed behavior analyst or licensed assistant behavior
18analyst without being licensed or exempt under this Act shall,
19in addition to any other penalty provided by law, pay a civil
20penalty to the Department in an amount not to exceed $10,000
21for each offense, as determined by the Department. The civil
22penalty shall be assessed by the Department after a hearing is
23held in accordance with the provisions set forth in this Act
24regarding the provision of a hearing for the discipline of a
25licensee.

HB1824- 26 -LRB102 09963 SPS 15281 b
1 (b) The Department may investigate any actual, alleged, or
2suspected unlicensed activity.
3 (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty.
5The order shall constitute a final judgment and may be filed
6and execution had thereon in the same manner as any judgment
7from any court of record.
8 Section 70. Violations; injunction; cease and desist
9order.
10 (a) If an individual violates a provision of this Act, the
11Secretary may, in the name of the People of the State of
12Illinois, through the Attorney General of the State of
13Illinois or the State's Attorney of the county in which the
14violation is alleged to have occurred, petition for an order
15enjoining the violation or for an order enforcing compliance
16with this Act. Upon the filing of a verified petition, the
17court with appropriate jurisdiction may issue a temporary
18restraining order without notice or bond, and may
19preliminarily and permanently enjoin the violation. If it is
20established that the individual has violated or is violating
21the injunction, the court may punish the offender for contempt
22of court. Proceedings under this Section are in addition to
23all other remedies and penalties provided by this Act.
24 (b) If an individual holds himself or herself out as being
25a licensed behavior analyst or a licensed assistant behavior

HB1824- 27 -LRB102 09963 SPS 15281 b
1analyst under this Act and is not licensed to do so, then any
2licensed behavior analyst, licensed assistant behavior
3analyst, interested party, or any person injured thereby may
4petition for relief as provided in subsection (a) of this
5Section.
6 (c) Whenever, in the opinion of the Department, an
7individual violates a provision of this Act, the Department
8may issue a rule to show cause why an order to cease and desist
9should not be entered against that person. The rule shall
10clearly set forth the grounds relied upon by the Department
11and shall allow at least 7 days from the date of the rule to
12file an answer satisfactory to the Department. Failure to
13answer to the satisfaction of the Department shall cause an
14order to cease and desist to be issued.
15 Section 75. Powers and duties of the Department.
16 (a) The Department shall exercise the powers and duties
17prescribed by the Civil Administrative Code of Illinois for
18the administration of licensure Acts and shall exercise other
19powers and duties necessary for effectuating the purposes of
20this Act.
21 (b) The Department shall adopt rules to administer and
22enforce this Act, including, but not limited to, fees for
23original licensure and renewal and restoration of licenses,
24and may prescribe forms to be issued to implement this Act. At
25a minimum, the rules adopted by the Department shall include

HB1824- 28 -LRB102 09963 SPS 15281 b
1standards and criteria for licensure and for professional
2conduct and discipline. The Department may consult with the
3Board in adopting rules. The Department may at any time seek
4the advice and expert knowledge of the Board on any matter
5relating to the administration of this Act.
6 (c) Subject to the provisions of this Act, the Department
7shall:
8 (1) Authorize examinations to ascertain the
9 qualifications and fitness of applicants for licensing as
10 licensed behavior analysts or licensed assistant behavior
11 analysts and pass upon the qualifications of applicants
12 for licensure by endorsement.
13 (2) Conduct hearings or proceedings to refuse to issue
14 or renew or to revoke licenses or suspend, place on
15 probation, censure, or reprimand or take any other
16 disciplinary or nondisciplinary action with regard to a
17 person licensed under this Act.
18 (3) Adopt rules required for the administration of
19 this Act.
20 (d) All information collected by the Department in the
21course of an examination or investigation of a licensee or
22applicant, including, but not limited to, any complaint
23against a licensee filed with the Department and information
24collected to investigate any such complaint, shall be
25maintained for the confidential use of the Department and
26shall not be disclosed. The Department may not disclose the

HB1824- 29 -LRB102 09963 SPS 15281 b
1information to anyone other than law enforcement officials,
2other regulatory agencies that have an appropriate regulatory
3interest as determined by the Secretary, or to a party
4presenting a lawful subpoena to the Department. Information
5and documents disclosed to a federal, State, county, or local
6law enforcement agency shall not be disclosed by the agency
7for any purpose to any other agency or person. A formal
8complaint filed against a licensee by the Department or any
9order issued by the Department against a licensee or applicant
10shall be a public record, except as otherwise prohibited by
11law.
12 Section 80. Investigations; notice; hearing.
13 (a) The Department may investigate the actions of any
14applicant or of any person holding or claiming to hold a
15license under this Act.
16 (b) The Department shall, before disciplining an applicant
17or licensee, at least 30 days prior to the date set for the
18hearing: (i) notify, in writing, the accused of the charges
19made and the time and place for the hearing on the charges,
20(ii) direct him or her to file a written answer to the charges
21under oath within 20 days after the service of the notice, and
22(iii) inform the applicant or licensee that failure to file an
23answer will result in a default being entered against the
24applicant or licensee.
25 (c) Written or electronic notice, and any notice in the

HB1824- 30 -LRB102 09963 SPS 15281 b
1subsequent proceeding, may be served by personal delivery, by
2email, or by mail to the applicant or licensee at his or her
3address of record or email address of record.
4 (d) At the time and place fixed in the notice, the Board or
5hearing officer appointed by the Secretary shall proceed to
6hear the charges and the parties or their counsel shall be
7accorded ample opportunity to present any statements,
8testimony, evidence and argument as may be pertinent to the
9charges or to their defense. The Board or hearing officer may
10continue the hearing from time to time.
11 (e) If the person, after receiving the notice, fails to
12file an answer, his or her license may, in the discretion of
13the Secretary, having first received the recommendation of the
14Board, be suspended, revoked, or placed on probationary
15status, or be subject to whatever disciplinary action the
16Secretary considers proper, including limiting the scope,
17nature, or extent of the person's practice or the imposition
18of a fine, without hearing, if the act or acts charged
19constitute sufficient grounds for that action under this Act.
20 (f) Notwithstanding any other provision of this Act, the
21Secretary has the authority to appoint any attorney duly
22licensed to practice law in the State of Illinois to serve as
23the hearing officer in any action for refusal to issue or renew
24a license or to discipline a licensee. The hearing officer
25shall have full authority to conduct the hearing. The hearing
26officer shall report his or her findings of fact, conclusions

HB1824- 31 -LRB102 09963 SPS 15281 b
1of law, and recommendations to the Board and to the Secretary.
2 Section 85. Subpoenas; depositions; oaths. The Department
3shall have the power to subpoena and to bring before it any
4person and to take testimony either orally or by deposition,
5or both, with the same fees and mileage and in the same manner
6as prescribed in civil cases in the courts of this State.
7 The Secretary, the designated hearing officer, and every
8member of the Board shall have power to administer oaths to
9witnesses at any hearing which the Department is authorized to
10conduct, and any other oaths authorized in any Act
11administered by the Department.
12 Section 90. Compelling testimony. Any court, upon
13application of the Department, designated hearing officer, or
14the applicant or licensee against whom proceedings under
15Section 55 are pending, may enter an order requiring the
16attendance of witnesses and their testimony, and the
17production of documents, papers, files, books and records in
18connection with any hearing or investigation. The court may
19compel obedience to its order by proceedings for contempt.
20 Section 95. Record of proceedings; transcript.
21 (a) The Department, at its expense, shall preserve a
22record of all proceedings at any formal hearing of any case.
23The notice of hearing, complaint and all other documents in

HB1824- 32 -LRB102 09963 SPS 15281 b
1the nature of pleadings and written motions filed in the
2proceedings, the transcript of testimony, the report of the
3Board, and the orders of the Department shall be the record of
4the proceedings. The Department shall furnish a copy of the
5record to any person upon payment of the fee required under
6Section 2105-115 of the Department of Professional Regulation
7Law of the Civil Administrative Code of Illinois.
8 (b) The Board or the hearing officer appointed by the
9Secretary shall hear evidence in support of the formal charges
10and evidence produced by the licensee. At the conclusion of
11the hearing, the Board shall present to the Secretary a
12written report of its findings of fact, conclusions of law,
13and recommendations.
14 Section 100. Findings and recommendations. At the
15conclusion of the hearing the Board shall present to the
16Secretary a written report of its findings of fact,
17conclusions of law and recommendations. The report shall
18contain a finding whether or not the licensee violated this
19Act or failed to comply with the conditions required in this
20Act. The Board shall specify the nature of the violation or
21failure to comply, and shall make its recommendations to the
22Secretary.
23 The report of findings of fact, conclusions of law, and
24recommendation of the Board shall be the basis for the
25Department's order or refusal or for the granting of the

HB1824- 33 -LRB102 09963 SPS 15281 b
1license.
2 Section 105. Motion for rehearing. At the conclusion of
3the hearing, a copy of the Board or hearing officer's report
4shall be served to the applicant or licensee by the
5Department, either personally or as provided in this Act for
6the service of a notice of hearing. Within 20 calendar days
7after service, the applicant or licensee may present to the
8Department a motion in writing for a rehearing, which shall
9specify the particular grounds for rehearing. The Department
10may respond to the motion for rehearing within 20 calendar
11days after its service on the Department. If no motion for
12rehearing is filed, then after the expiration of the time
13specified for filing such motion, or upon denial of a motion
14for rehearing, the Secretary may enter an order in accordance
15with the recommendation of the Board or hearing officer. If
16the applicant or licensee orders from the reporting service
17and pays for a transcript of the record within the time for
18filing a motion for rehearing, the 20-day period within which
19a motion may be filed shall commence upon the delivery of the
20transcript to the applicant or licensee.
21 Section 110. Restoration. At any time after the successful
22completion of a term of probation, suspension, or revocation
23of any license, the Department may restore the license to the
24licensee upon the written recommendation of the Board unless

HB1824- 34 -LRB102 09963 SPS 15281 b
1after an investigation and hearing the Board or Department
2determines that restoration is not in the public interest.
3Where circumstances of suspension or revocation so indicate,
4the Department may require an examination of the licensee
5prior to restoring his or her license. No person whose license
6has been revoked as authorized in this Act may apply for
7restoration of that license until such time as provided for in
8the Civil Administrative Code of Illinois.
9 Section 115. Surrender of license. Upon the revocation or
10suspension of any license, the licensee shall immediately
11surrender his or her license to the Department. If the
12licensee fails to do so, the Department shall have the right to
13seize the license.
14 Section 120. Summary suspension of a license. The
15Secretary may summarily suspend the license of a licensed
16behavior analyst or assistant behavior analyst without a
17hearing simultaneously with the institution of proceedings for
18a hearing provided for in this Act if the Secretary finds that
19evidence in his or her possession indicates that a licensee's
20continuation in practice would constitute an imminent danger
21to the public. In the event the Secretary summarily suspends
22such license without a hearing, a hearing by the Board or
23Department shall be held within 30 calendar days after the
24suspension has occurred.

HB1824- 35 -LRB102 09963 SPS 15281 b
1 Section 125. Administrative review.
2 (a) All final administrative decisions of the Department
3hereunder shall be subject to judicial review pursuant to the
4provisions of the Administrative Review Law, and all
5amendments and modifications thereof, and the rules adopted
6pursuant thereto. The term "administrative decision" is
7defined as in Section 3-101 of the Code of Civil Procedure.
8 (b) Proceedings for judicial review shall be commenced in
9the circuit court of the county in which the party applying for
10review resides, but if the party is not a resident of Illinois,
11the venue shall be in Sangamon County.
12 Section 130. Certification of record. The Department shall
13not be required to certify any record to the court, file any
14answer in court, or otherwise appear in any judicial review
15proceedings, unless and until the Department has received from
16the plaintiff payment of the costs of furnishing and
17certifying the record, which costs shall be determined by the
18Department. Failure on the part of the plaintiff to file a
19receipt in court shall be grounds for dismissal of the action.
20 Section 135. Fees. The Department shall provide by rule
21for a schedule of fees for the administration and enforcement
22of this Act, including, but not limited to, original
23licensure, registration, renewal, and restoration. The fees

HB1824- 36 -LRB102 09963 SPS 15281 b
1shall be nonrefundable.
2 All fees, fines, and penalties collected under this Act
3shall be deposited into the General Professions Dedicated Fund
4and shall be appropriated to the Department for the ordinary
5and contingent expenses of the Department in the
6administration of this Act.
7 Section 900. The Regulatory Sunset Act is amended by
8adding Section 4.41 as follows:
9 (5 ILCS 80/4.41 new)
10 Sec. 4.41. Act repealed on January 1, 2032. The following
11Act is repealed on January 1, 2032:
12 The Behavior Analyst Licensing Act.
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) "Abuse" means causing any physical, mental or sexual
19injury to an eligible adult, including exploitation of such
20adult's financial resources.
21 Nothing in this Act shall be construed to mean that an
22eligible adult is a victim of abuse, neglect, or self-neglect

HB1824- 37 -LRB102 09963 SPS 15281 b
1for the sole reason that he or she is being furnished with or
2relies upon treatment by spiritual means through prayer alone,
3in accordance with the tenets and practices of a recognized
4church or religious denomination.
5 Nothing in this Act shall be construed to mean that an
6eligible adult is a victim of abuse because of health care
7services provided or not provided by licensed health care
8professionals.
9 (a-5) "Abuser" means a person who abuses, neglects, or
10financially exploits an eligible adult.
11 (a-6) "Adult with disabilities" means a person aged 18
12through 59 who resides in a domestic living situation and
13whose disability as defined in subsection (c-5) impairs his or
14her ability to seek or obtain protection from abuse, neglect,
15or exploitation.
16 (a-7) "Caregiver" means a person who either as a result of
17a family relationship, voluntarily, or in exchange for
18compensation has assumed responsibility for all or a portion
19of the care of an eligible adult who needs assistance with
20activities of daily living or instrumental activities of daily
21living.
22 (b) "Department" means the Department on Aging of the
23State of Illinois.
24 (c) "Director" means the Director of the Department.
25 (c-5) "Disability" means a physical or mental disability,
26including, but not limited to, a developmental disability, an

HB1824- 38 -LRB102 09963 SPS 15281 b
1intellectual disability, a mental illness as defined under the
2Mental Health and Developmental Disabilities Code, or dementia
3as defined under the Alzheimer's Disease Assistance Act.
4 (d) "Domestic living situation" means a residence where
5the eligible adult at the time of the report lives alone or
6with his or her family or a caregiver, or others, or other
7community-based unlicensed facility, but is not:
8 (1) A licensed facility as defined in Section 1-113 of
9 the Nursing Home Care Act;
10 (1.5) A facility licensed under the ID/DD Community
11 Care Act;
12 (1.6) A facility licensed under the MC/DD Act;
13 (1.7) A facility licensed under the Specialized Mental
14 Health Rehabilitation Act of 2013;
15 (2) A "life care facility" as defined in the Life Care
16 Facilities Act;
17 (3) A home, institution, or other place operated by
18 the federal government or agency thereof or by the State
19 of Illinois;
20 (4) A hospital, sanitarium, or other institution, the
21 principal activity or business of which is the diagnosis,
22 care, and treatment of human illness through the
23 maintenance and operation of organized facilities
24 therefor, which is required to be licensed under the
25 Hospital Licensing Act;
26 (5) A "community living facility" as defined in the

HB1824- 39 -LRB102 09963 SPS 15281 b
1 Community Living Facilities Licensing Act;
2 (6) (Blank);
3 (7) A "community-integrated living arrangement" as
4 defined in the Community-Integrated Living Arrangements
5 Licensure and Certification Act or a "community
6 residential alternative" as licensed under that Act;
7 (8) An assisted living or shared housing establishment
8 as defined in the Assisted Living and Shared Housing Act;
9 or
10 (9) A supportive living facility as described in
11 Section 5-5.01a of the Illinois Public Aid Code.
12 (e) "Eligible adult" means either an adult with
13disabilities aged 18 through 59 or a person aged 60 or older
14who resides in a domestic living situation and is, or is
15alleged to be, abused, neglected, or financially exploited by
16another individual or who neglects himself or herself.
17"Eligible adult" also includes an adult who resides in any of
18the facilities that are excluded from the definition of
19"domestic living situation" under paragraphs (1) through (9)
20of subsection (d), if either: (i) the alleged abuse or neglect
21occurs outside of the facility and not under facility
22supervision and the alleged abuser is a family member,
23caregiver, or another person who has a continuing relationship
24with the adult; or (ii) the alleged financial exploitation is
25perpetrated by a family member, caregiver, or another person
26who has a continuing relationship with the adult, but who is

HB1824- 40 -LRB102 09963 SPS 15281 b
1not an employee of the facility where the adult resides.
2 (f) "Emergency" means a situation in which an eligible
3adult is living in conditions presenting a risk of death or
4physical, mental or sexual injury and the provider agency has
5reason to believe the eligible adult is unable to consent to
6services which would alleviate that risk.
7 (f-1) "Financial exploitation" means the use of an
8eligible adult's resources by another to the disadvantage of
9that adult or the profit or advantage of a person other than
10that adult.
11 (f-5) "Mandated reporter" means any of the following
12persons while engaged in carrying out their professional
13duties:
14 (1) a professional or professional's delegate while
15 engaged in: (i) social services, (ii) law enforcement,
16 (iii) education, (iv) the care of an eligible adult or
17 eligible adults, or (v) any of the occupations required to
18 be licensed under the Behavior Analyst Licensing Act, the
19 Clinical Psychologist Licensing Act, the Clinical Social
20 Work and Social Work Practice Act, the Illinois Dental
21 Practice Act, the Dietitian Nutritionist Practice Act, the
22 Marriage and Family Therapy Licensing Act, the Medical
23 Practice Act of 1987, the Naprapathic Practice Act, the
24 Nurse Practice Act, the Nursing Home Administrators
25 Licensing and Disciplinary Act, the Illinois Occupational
26 Therapy Practice Act, the Illinois Optometric Practice Act

HB1824- 41 -LRB102 09963 SPS 15281 b
1 of 1987, the Pharmacy Practice Act, the Illinois Physical
2 Therapy Act, the Physician Assistant Practice Act of 1987,
3 the Podiatric Medical Practice Act of 1987, the
4 Respiratory Care Practice Act, the Professional Counselor
5 and Clinical Professional Counselor Licensing and Practice
6 Act, the Illinois Speech-Language Pathology and Audiology
7 Practice Act, the Veterinary Medicine and Surgery Practice
8 Act of 2004, and the Illinois Public Accounting Act;
9 (1.5) an employee of an entity providing developmental
10 disabilities services or service coordination funded by
11 the Department of Human Services;
12 (2) an employee of a vocational rehabilitation
13 facility prescribed or supervised by the Department of
14 Human Services;
15 (3) an administrator, employee, or person providing
16 services in or through an unlicensed community based
17 facility;
18 (4) any religious practitioner who provides treatment
19 by prayer or spiritual means alone in accordance with the
20 tenets and practices of a recognized church or religious
21 denomination, except as to information received in any
22 confession or sacred communication enjoined by the
23 discipline of the religious denomination to be held
24 confidential;
25 (5) field personnel of the Department of Healthcare
26 and Family Services, Department of Public Health, and

HB1824- 42 -LRB102 09963 SPS 15281 b
1 Department of Human Services, and any county or municipal
2 health department;
3 (6) personnel of the Department of Human Services, the
4 Guardianship and Advocacy Commission, the State Fire
5 Marshal, local fire departments, the Department on Aging
6 and its subsidiary Area Agencies on Aging and provider
7 agencies, and the Office of State Long Term Care
8 Ombudsman;
9 (7) any employee of the State of Illinois not
10 otherwise specified herein who is involved in providing
11 services to eligible adults, including professionals
12 providing medical or rehabilitation services and all other
13 persons having direct contact with eligible adults;
14 (8) a person who performs the duties of a coroner or
15 medical examiner; or
16 (9) a person who performs the duties of a paramedic or
17 an emergency medical technician.
18 (g) "Neglect" means another individual's failure to
19provide an eligible adult with or willful withholding from an
20eligible adult the necessities of life including, but not
21limited to, food, clothing, shelter or health care. This
22subsection does not create any new affirmative duty to provide
23support to eligible adults. Nothing in this Act shall be
24construed to mean that an eligible adult is a victim of neglect
25because of health care services provided or not provided by
26licensed health care professionals.

HB1824- 43 -LRB102 09963 SPS 15281 b
1 (h) "Provider agency" means any public or nonprofit agency
2in a planning and service area that is selected by the
3Department or appointed by the regional administrative agency
4with prior approval by the Department on Aging to receive and
5assess reports of alleged or suspected abuse, neglect, or
6financial exploitation. A provider agency is also referenced
7as a "designated agency" in this Act.
8 (i) "Regional administrative agency" means any public or
9nonprofit agency in a planning and service area that provides
10regional oversight and performs functions as set forth in
11subsection (b) of Section 3 of this Act. The Department shall
12designate an Area Agency on Aging as the regional
13administrative agency or, in the event the Area Agency on
14Aging in that planning and service area is deemed by the
15Department to be unwilling or unable to provide those
16functions, the Department may serve as the regional
17administrative agency or designate another qualified entity to
18serve as the regional administrative agency; any such
19designation shall be subject to terms set forth by the
20Department.
21 (i-5) "Self-neglect" means a condition that is the result
22of an eligible adult's inability, due to physical or mental
23impairments, or both, or a diminished capacity, to perform
24essential self-care tasks that substantially threaten his or
25her own health, including: providing essential food, clothing,
26shelter, and health care; and obtaining goods and services

HB1824- 44 -LRB102 09963 SPS 15281 b
1necessary to maintain physical health, mental health,
2emotional well-being, and general safety. The term includes
3compulsive hoarding, which is characterized by the acquisition
4and retention of large quantities of items and materials that
5produce an extensively cluttered living space, which
6significantly impairs the performance of essential self-care
7tasks or otherwise substantially threatens life or safety.
8 (j) "Substantiated case" means a reported case of alleged
9or suspected abuse, neglect, financial exploitation, or
10self-neglect in which a provider agency, after assessment,
11determines that there is reason to believe abuse, neglect, or
12financial exploitation has occurred.
13 (k) "Verified" means a determination that there is "clear
14and convincing evidence" that the specific injury or harm
15alleged was the result of abuse, neglect, or financial
16exploitation.
17(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
18 Section 910. The Abused and Neglected Child Reporting Act
19is amended by changing Section 4 as follows:
20 (325 ILCS 5/4)
21 Sec. 4. Persons required to report; privileged
22communications; transmitting false report.
23 (a) The following persons are required to immediately
24report to the Department when they have reasonable cause to

HB1824- 45 -LRB102 09963 SPS 15281 b
1believe that a child known to them in their professional or
2official capacities may be an abused child or a neglected
3child:
4 (1) Medical personnel, including any: physician
5 licensed to practice medicine in any of its branches
6 (medical doctor or doctor of osteopathy); resident;
7 intern; medical administrator or personnel engaged in the
8 examination, care, and treatment of persons; psychiatrist;
9 surgeon; dentist; dental hygienist; chiropractic
10 physician; podiatric physician; physician assistant;
11 emergency medical technician; acupuncturist; registered
12 nurse; licensed practical nurse; advanced practice
13 registered nurse; genetic counselor; respiratory care
14 practitioner; home health aide; or certified nursing
15 assistant.
16 (2) Social services and mental health personnel,
17 including any: licensed professional counselor; licensed
18 clinical professional counselor; licensed social worker;
19 licensed clinical social worker; licensed psychologist or
20 assistant working under the direct supervision of a
21 psychologist; associate licensed marriage and family
22 therapist; licensed marriage and family therapist; field
23 personnel of the Departments of Healthcare and Family
24 Services, Public Health, Human Services, Human Rights, or
25 Children and Family Services; supervisor or administrator
26 of the General Assistance program established under

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1 Article VI of the Illinois Public Aid Code; social
2 services administrator; or substance abuse treatment
3 personnel.
4 (3) Crisis intervention personnel, including any:
5 crisis line or hotline personnel; or domestic violence
6 program personnel.
7 (4) Education personnel, including any: school
8 personnel (including administrators and certified and
9 non-certified school employees); personnel of institutions
10 of higher education; educational advocate assigned to a
11 child in accordance with the School Code; member of a
12 school board or the Chicago Board of Education or the
13 governing body of a private school (but only to the extent
14 required under subsection (d)); or truant officer.
15 (5) Recreation or athletic program or facility
16 personnel.
17 (6) Child care personnel, including any: early
18 intervention provider as defined in the Early Intervention
19 Services System Act; director or staff assistant of a
20 nursery school or a child day care center; or foster
21 parent, homemaker, or child care worker.
22 (7) Law enforcement personnel, including any: law
23 enforcement officer; field personnel of the Department of
24 Juvenile Justice; field personnel of the Department of
25 Corrections; probation officer; or animal control officer
26 or field investigator of the Department of Agriculture's

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1 Bureau of Animal Health and Welfare.
2 (8) Any funeral home director; funeral home director
3 and embalmer; funeral home employee; coroner; or medical
4 examiner.
5 (9) Any member of the clergy.
6 (10) Any physician, physician assistant, registered
7 nurse, licensed practical nurse, medical technician,
8 certified nursing assistant, licensed social worker,
9 licensed clinical social worker, licensed behavior
10 analyst, licensed assistant behavior analyst, or licensed
11 professional counselor of any office, clinic, or any other
12 physical location that provides abortions, abortion
13 referrals, or contraceptives.
14 (b) When 2 or more persons who work within the same
15workplace and are required to report under this Act share a
16reasonable cause to believe that a child may be an abused or
17neglected child, one of those reporters may be designated to
18make a single report. The report shall include the names and
19contact information for the other mandated reporters sharing
20the reasonable cause to believe that a child may be an abused
21or neglected child. The designated reporter must provide
22written confirmation of the report to those mandated reporters
23within 48 hours. If confirmation is not provided, those
24mandated reporters are individually responsible for
25immediately ensuring a report is made. Nothing in this Section
26precludes or may be used to preclude any person from reporting

HB1824- 48 -LRB102 09963 SPS 15281 b
1child abuse or child neglect.
2 (c)(1) As used in this Section, "a child known to them in
3their professional or official capacities" means:
4 (A) the mandated reporter comes into contact with the
5 child in the course of the reporter's employment or
6 practice of a profession, or through a regularly scheduled
7 program, activity, or service;
8 (B) the mandated reporter is affiliated with an
9 agency, institution, organization, school, school
10 district, regularly established church or religious
11 organization, or other entity that is directly responsible
12 for the care, supervision, guidance, or training of the
13 child; or
14 (C) a person makes a specific disclosure to the
15 mandated reporter that an identifiable child is the victim
16 of child abuse or child neglect, and the disclosure
17 happens while the mandated reporter is engaged in his or
18 her employment or practice of a profession, or in a
19 regularly scheduled program, activity, or service.
20 (2) Nothing in this Section requires a child to come
21before the mandated reporter in order for the reporter to make
22a report of suspected child abuse or child neglect.
23 (d) If an allegation is raised to a school board member
24during the course of an open or closed school board meeting
25that a child who is enrolled in the school district of which he
26or she is a board member is an abused child as defined in

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1Section 3 of this Act, the member shall direct or cause the
2school board to direct the superintendent of the school
3district or other equivalent school administrator to comply
4with the requirements of this Act concerning the reporting of
5child abuse. For purposes of this paragraph, a school board
6member is granted the authority in his or her individual
7capacity to direct the superintendent of the school district
8or other equivalent school administrator to comply with the
9requirements of this Act concerning the reporting of child
10abuse.
11 Notwithstanding any other provision of this Act, if an
12employee of a school district has made a report or caused a
13report to be made to the Department under this Act involving
14the conduct of a current or former employee of the school
15district and a request is made by another school district for
16the provision of information concerning the job performance or
17qualifications of the current or former employee because he or
18she is an applicant for employment with the requesting school
19district, the general superintendent of the school district to
20which the request is being made must disclose to the
21requesting school district the fact that an employee of the
22school district has made a report involving the conduct of the
23applicant or caused a report to be made to the Department, as
24required under this Act. Only the fact that an employee of the
25school district has made a report involving the conduct of the
26applicant or caused a report to be made to the Department may

HB1824- 50 -LRB102 09963 SPS 15281 b
1be disclosed by the general superintendent of the school
2district to which the request for information concerning the
3applicant is made, and this fact may be disclosed only in cases
4where the employee and the general superintendent have not
5been informed by the Department that the allegations were
6unfounded. An employee of a school district who is or has been
7the subject of a report made pursuant to this Act during his or
8her employment with the school district must be informed by
9that school district that if he or she applies for employment
10with another school district, the general superintendent of
11the former school district, upon the request of the school
12district to which the employee applies, shall notify that
13requesting school district that the employee is or was the
14subject of such a report.
15 (e) Whenever such person is required to report under this
16Act in his capacity as a member of the staff of a medical or
17other public or private institution, school, facility or
18agency, or as a member of the clergy, he shall make report
19immediately to the Department in accordance with the
20provisions of this Act and may also notify the person in charge
21of such institution, school, facility or agency, or church,
22synagogue, temple, mosque, or other religious institution, or
23his designated agent that such report has been made. Under no
24circumstances shall any person in charge of such institution,
25school, facility or agency, or church, synagogue, temple,
26mosque, or other religious institution, or his designated

HB1824- 51 -LRB102 09963 SPS 15281 b
1agent to whom such notification has been made, exercise any
2control, restraint, modification or other change in the report
3or the forwarding of such report to the Department.
4 (f) In addition to the persons required to report
5suspected cases of child abuse or child neglect under this
6Section, any other person may make a report if such person has
7reasonable cause to believe a child may be an abused child or a
8neglected child.
9 (g) The privileged quality of communication between any
10professional person required to report and his patient or
11client shall not apply to situations involving abused or
12neglected children and shall not constitute grounds for
13failure to report as required by this Act or constitute
14grounds for failure to share information or documents with the
15Department during the course of a child abuse or neglect
16investigation. If requested by the professional, the
17Department shall confirm in writing that the information or
18documents disclosed by the professional were gathered in the
19course of a child abuse or neglect investigation.
20 The reporting requirements of this Act shall not apply to
21the contents of a privileged communication between an attorney
22and his or her client or to confidential information within
23the meaning of Rule 1.6 of the Illinois Rules of Professional
24Conduct relating to the legal representation of an individual
25client.
26 A member of the clergy may claim the privilege under

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1Section 8-803 of the Code of Civil Procedure.
2 (h) Any office, clinic, or any other physical location
3that provides abortions, abortion referrals, or contraceptives
4shall provide to all office personnel copies of written
5information and training materials about abuse and neglect and
6the requirements of this Act that are provided to employees of
7the office, clinic, or physical location who are required to
8make reports to the Department under this Act, and instruct
9such office personnel to bring to the attention of an employee
10of the office, clinic, or physical location who is required to
11make reports to the Department under this Act any reasonable
12suspicion that a child known to him or her in his or her
13professional or official capacity may be an abused child or a
14neglected child.
15 (i) Any person who enters into employment on and after
16July 1, 1986 and is mandated by virtue of that employment to
17report under this Act, shall sign a statement on a form
18prescribed by the Department, to the effect that the employee
19has knowledge and understanding of the reporting requirements
20of this Act. On and after January 1, 2019, the statement shall
21also include information about available mandated reporter
22training provided by the Department. The statement shall be
23signed prior to commencement of the employment. The signed
24statement shall be retained by the employer. The cost of
25printing, distribution, and filing of the statement shall be
26borne by the employer.

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1 (j) Persons required to report child abuse or child
2neglect as provided under this Section must complete an
3initial mandated reporter training within 3 months of their
4date of engagement in a professional or official capacity as a
5mandated reporter, or within the time frame of any other
6applicable State law that governs training requirements for a
7specific profession, and at least every 3 years thereafter.
8The initial requirement only applies to the first time they
9engage in their professional or official capacity. In lieu of
10training every 3 years, medical personnel, as listed in
11paragraph (1) of subsection (a), must meet the requirements
12described in subsection (k).
13 The trainings shall be in-person or web-based, and shall
14include, at a minimum, information on the following topics:
15(i) indicators for recognizing child abuse and child neglect,
16as defined under this Act; (ii) the process for reporting
17suspected child abuse and child neglect in Illinois as
18required by this Act and the required documentation; (iii)
19responding to a child in a trauma-informed manner; and (iv)
20understanding the response of child protective services and
21the role of the reporter after a call has been made.
22Child-serving organizations are encouraged to provide
23in-person annual trainings.
24 The mandated reporter training shall be provided through
25the Department, through an entity authorized to provide
26continuing education for professionals licensed through the

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1Department of Financial and Professional Regulation, the State
2Board of Education, the Illinois Law Enforcement Training
3Standards Board, or the Department of State Police, or through
4an organization approved by the Department to provide mandated
5reporter training. The Department must make available a free
6web-based training for reporters.
7 Each mandated reporter shall report to his or her employer
8and, when applicable, to his or her licensing or certification
9board that he or she received the mandated reporter training.
10The mandated reporter shall maintain records of completion.
11 Beginning January 1, 2021, if a mandated reporter receives
12licensure from the Department of Financial and Professional
13Regulation or the State Board of Education, and his or her
14profession has continuing education requirements, the training
15mandated under this Section shall count toward meeting the
16licensee's required continuing education hours.
17 (k)(1) Medical personnel, as listed in paragraph (1) of
18subsection (a), who work with children in their professional
19or official capacity, must complete mandated reporter training
20at least every 6 years. Such medical personnel, if licensed,
21must attest at each time of licensure renewal on their renewal
22form that they understand they are a mandated reporter of
23child abuse and neglect, that they are aware of the process for
24making a report, that they know how to respond to a child in a
25trauma-informed manner, and that they are aware of the role of
26child protective services and the role of a reporter after a

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1call has been made.
2 (2) In lieu of repeated training, medical personnel, as
3listed in paragraph (1) of subsection (a), who do not work with
4children in their professional or official capacity, may
5instead attest each time at licensure renewal on their renewal
6form that they understand they are a mandated reporter of
7child abuse and neglect, that they are aware of the process for
8making a report, that they know how to respond to a child in a
9trauma-informed manner, and that they are aware of the role of
10child protective services and the role of a reporter after a
11call has been made. Nothing in this paragraph precludes
12medical personnel from completing mandated reporter training
13and receiving continuing education credits for that training.
14 (l) The Department shall provide copies of this Act, upon
15request, to all employers employing persons who shall be
16required under the provisions of this Section to report under
17this Act.
18 (m) Any person who knowingly transmits a false report to
19the Department commits the offense of disorderly conduct under
20subsection (a)(7) of Section 26-1 of the Criminal Code of
212012. A violation of this provision is a Class 4 felony.
22 Any person who knowingly and willfully violates any
23provision of this Section other than a second or subsequent
24violation of transmitting a false report as described in the
25preceding paragraph, is guilty of a Class A misdemeanor for a
26first violation and a Class 4 felony for a second or subsequent

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1violation; except that if the person acted as part of a plan or
2scheme having as its object the prevention of discovery of an
3abused or neglected child by lawful authorities for the
4purpose of protecting or insulating any person or entity from
5arrest or prosecution, the person is guilty of a Class 4 felony
6for a first offense and a Class 3 felony for a second or
7subsequent offense (regardless of whether the second or
8subsequent offense involves any of the same facts or persons
9as the first or other prior offense).
10 (n) A child whose parent, guardian or custodian in good
11faith selects and depends upon spiritual means through prayer
12alone for the treatment or cure of disease or remedial care may
13be considered neglected or abused, but not for the sole reason
14that his parent, guardian or custodian accepts and practices
15such beliefs.
16 (o) A child shall not be considered neglected or abused
17solely because the child is not attending school in accordance
18with the requirements of Article 26 of the School Code, as
19amended.
20 (p) Nothing in this Act prohibits a mandated reporter who
21reasonably believes that an animal is being abused or
22neglected in violation of the Humane Care for Animals Act from
23reporting animal abuse or neglect to the Department of
24Agriculture's Bureau of Animal Health and Welfare.
25 (q) A home rule unit may not regulate the reporting of
26child abuse or neglect in a manner inconsistent with the

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1provisions of this Section. This Section is a limitation under
2subsection (i) of Section 6 of Article VII of the Illinois
3Constitution on the concurrent exercise by home rule units of
4powers and functions exercised by the State.
5 (r) For purposes of this Section "child abuse or neglect"
6includes abuse or neglect of an adult resident as defined in
7this Act.
8(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19;
9101-564, eff. 1-1-20.)
10 Section 999. Effective date. This Act takes effect upon
11becoming law.
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