Bill Text: IL HB1970 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Funeral Directors and Embalmers Licensing Code. Makes a technical change in a Section concerning legislative intent.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB1970 Detail]

Download: Illinois-2017-HB1970-Engrossed.html



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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 interest.
9The purpose of this Act is to protect and benefit the public by
10setting standards of qualifications, education, training, and
11experience for those who seek to obtain a license and hold the
12title of "behavior analyst" or "assistant behavior analyst", to
13promote high standards of professional performance for those
14licensed to practice applied behavior analysis in the State of
15Illinois, and to protect the public from unprofessional conduct
16by persons licensed to practice applied behavior analysis.
17 Section 10. Definitions. As used in this Act:
18 "Applied behavior analysis" means the design,
19implementation, and evaluation of environmental modifications
20using behavioral stimuli and consequences to produce socially
21significant improvement in human behavior, including the use of
22direct observation, measurement, and functional analysis of

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1the relations between environment and behavior. "Applied
2behavior analysis" does not include:
3 (1) the practice of medicine, the practice of
4 osteopathic medicine and surgery, or medical diagnosis or
5 treatment;
6 (2) the practice of speech-language pathology;
7 (3) the practice of physical therapy;
8 (4) the practice of occupational therapy;
9 (5) psychological testing, including standardized
10 testing for intelligence or personality;
11 (6) diagnosis of a mental or physical disorder; or
12 (7) the practice of neuropsychology, psychotherapy,
13 cognitive therapy, sex therapy, psychoanalysis,
14 hypnotherapy, or counseling as treatment modalities.
15 "Assistant behavior analyst" means an individual licensed
16under this Act to engage in practice as an assistant behavior
17analyst.
18 "Behavior analyst" means an individual licensed to engage
19in the practice of applied behavior analysis.
20 "Behavior technician" means a noncredentialed individual
21who delivers applied behavior analysis services under the
22delegation and supervision of a behavior analyst.
23 "Behavioral health treatment" means evidence-based
24counseling and treatment programs, including applied behavior
25analysis, that are (i) necessary to develop, maintain, or
26restore, to the maximum extent practicable, the functioning of

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1an individual and (ii) provided or supervised by a
2board-certified behavior analyst or a licensed psychologist so
3long as the services performed are commensurate with the
4psychologist's formal university training and supervised
5experience.
6 "Department" means the Department of Financial and
7Professional Regulation.
8 "Practice as an assistant behavior analyst" means the
9practice of applied behavior analysis under the supervision of
10a behavior analyst.
11 "Secretary" means the Secretary of Financial and
12Professional Regulation.
13 "Sexual offense" means an offense that would require an
14individual to be subject to registration under the Sex Offender
15Registration Act.
16 Section 15. License required.
17 (a) Beginning 2 years after the effective date of rules
18adopted by the Department to implement this Act, an individual
19shall not engage in the practice of applied behavior analysis
20or practice as an assistant behavior analyst unless licensed
21under this Act.
22 (b) Beginning 2 years after the effective date of rules
23adopted by the Department to implement this Act, an individual
24shall not use the titles "behavior analyst", "B.A.", "licensed
25behavior analyst", "L.B.A.", "assistant behavior analyst",

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1"A.B.A.", "licensed assistant behavior analyst", "L.A.B.A.",
2or similar words or letters that indicate that he or she is
3licensed as a behavior analyst or assistant behavior analyst
4unless the individual is licensed under this Act.
5 (c) This Act does not prohibit any of the following:
6 (1) Self-care by a patient or uncompensated care by a
7 friend or family member who does not represent or hold
8 himself or herself out to be a behavior analyst or
9 assistant behavior analyst.
10 (2) A behavior technician or a family member from
11 implementing a plan under the extended authority,
12 direction, and, if applicable, supervision of a behavior
13 analyst.
14 (3) An individual licensed under any other law of this
15 State from performing activities that are considered to be
16 the practice of applied behavior analysis under this Act if
17 the activities are within the licensee's scope of practice
18 and are commensurate with his or her education, training,
19 and experience, so long as the individual does not use the
20 titles provided in subsection (b) of this Section.
21 (4) An individual from performing activities that are
22 considered to be the practice of applied behavior analysis
23 under this Act if the activities are with nonhuman or
24 nonpatient clients or consumers, including, but not
25 limited to, applied animal behaviorists and practitioners
26 of organizational behavior management.

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1 (5) An individual who is a matriculated student at a
2 nationally accredited university approved in rules or who
3 is a postdoctoral fellow from performing activities that
4 are considered to be the practice of applied behavior
5 analysis under this Act if the activities are part of a
6 defined behavior analysis program of study or practicum
7 approved by Department rule and if the student or fellow is
8 directly supervised by an individual who is (A) licensed as
9 a behavior analyst under this Act or (B) appointed as the
10 instructor of a course sequence approved by the Behavior
11 Analyst Certification Board or other certification board.
12 (6) An individual who is not licensed under this Act
13 from pursuing experience requirements for applied behavior
14 analysis credentials if the experience is supervised by an
15 individual who is licensed as a behavioral analyst.
16 (d) This Act does not apply to an individual who, on the
17effective date of this Act, is engaging in the practice of
18applied behavior analysis under the medical assistance program
19under the Illinois Public Aid Code while that individual is
20seeking the education, training, and experience necessary to
21obtain a license under this Act and only while the individual
22is providing applied behavior analysis to children in the
23provision of home and community-based services.
24 Section 20. Qualifications for licensure as a behavior
25analyst. The Department shall issue a license as a behavior

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1analyst to an individual who, on or before the effective date
2of this Act, had the credentials as a certified behavior
3analyst conferred for applied behavior analysis by the Behavior
4Analyst Certification Board and who applies for licensure as a
5behavior analyst within one year after the effective date of
6the rules adopted by the Department to implement this Act. Each
7applicant for licensure as a behavior analyst shall have his or
8her fingerprints submitted to the Department of State Police in
9the form and manner prescribed by the Department of State
10Police. These fingerprints shall be electronically transmitted
11through a live scan fingerprint vendor licensed by the
12Department. These fingerprints shall be checked against the
13Department of State Police and the Federal Bureau of
14Investigation criminal history record information database now
15and hereafter filed. The Department of State Police shall
16charge a fee for conducting the criminal history records check,
17which shall be deposited in the State Police Services Fund and
18shall not exceed the actual cost of the Illinois and national
19criminal history record check. The Department of State Police
20shall furnish, pursuant to positive identification, records of
21all Illinois convictions to the Department.
22 Section 25. Qualifications for licensure as an assistant
23behavior analyst. The Department shall issue a license as an
24assistant behavior analyst to an individual who, on or before
25the effective date of this Act, had the credentials as a

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1certified assistant behavior analyst conferred for applied
2behavior analysis by the Behavior Analyst Certification Board
3and who applies for licensure as an assistant behavior analyst
4within one year after the effective date of the rules adopted
5by the Department to implement this Act. Each applicant for
6licensure as an assistant behavior analyst shall have his or
7her fingerprints submitted to the Department of State Police in
8the form and manner prescribed by the Department of State
9Police. These fingerprints shall be electronically transmitted
10through a live scan fingerprint vendor licensed by the
11Department. These fingerprints shall be checked against the
12Department of State Police and the Federal Bureau of
13Investigation criminal history record information database now
14and hereafter filed. The Department of State Police shall
15charge a fee for conducting the criminal history records check,
16which shall be deposited in the State Police Services Fund and
17shall not exceed the actual cost of the Illinois and national
18criminal history record check. The Department of State Police
19shall furnish, pursuant to positive identification, records of
20all Illinois convictions to the Department.
21 Section 30. Board of Behavior Analysts. The Board of
22Behavior Analysts is created within the Department of Financial
23and Professional Regulation. The Board shall consist of the
24following members appointed by the Secretary:
25 (1) four behavior analysts, 3 of whom provide clinical

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1 services;
2 (2) one individual who is affiliated with a public
3 university in this State as an instructor or researcher in
4 applied behavior analysis;
5 (3) one assistant behavior analyst;
6 (4) one physician licensed to practice medicine in all
7 its branches who works with patients with autism spectrum
8 disorders or brain injuries; and
9 (5) two public members.
10 The initial members of the Board who are behavior analysts
11must be certified as behavior analysts by the Behavior Analyst
12Certification Board and the initial member of the Board who is
13an assistant behavior analyst must be certified as an assistant
14behavior analyst by the Behavior Analyst Certification Board.
15 Board members shall serve for a term of 4 years, except
16that, of the initial appointments, 3 members shall serve for a
17term of 2 years, 3 members shall serve for a term of 3 years,
18and 3 members shall serve for a term of 4 years.
19 Section 35. Rules; minimum standards for licensure;
20renewal. Within 2 years after the effective date of this Act,
21the Department, in consultation with the Board of Behavior
22Analysts, shall adopt rules that establish the minimum
23standards for licensure as a behavior analyst and an assistant
24behavior analyst. For purposes of this Section, the Department
25may adopt in its rules the professional standards, in whole or

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1in part, adopted by the Behavior Analyst Certification Board as
2its standards. Until rules are adopted under this Section, the
3Department shall use the standards adopted by the Behavior
4Analyst Certification Board that are in effect on the effective
5date of this Act.
6 The Department shall include in its rules adopted under
7this Act that an application for a license under this Act will
8be denied if the applicant's criminal history records check
9reveals that he or she was convicted of a sexual offense and
10that a licensee's license will be permanently revoked if he or
11she is convicted of a sexual offense while licensed under this
12Act.
13 The Department may include in its rules adopted under this
14Act a requirement that a licensee seeking to renew his or her
15license must furnish evidence that he or she is current on his
16or her certification by the Behavior Analyst Certification
17Board. In addition, the Department may require by rule that an
18assistant behavior analyst furnish evidence that he or she is
19practicing under the supervision of a licensed behavior
20analyst.
21 Section 40. Behavior technicians. An individual shall not
22act as a behavior technician in this State unless he or she has
23had a criminal history records check conducted by the
24Department and the criminal history records check does not
25reveal any criminal history record information for that

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1individual. Each applicant for licensure as a behavior
2technician shall have his or her fingerprints submitted to the
3Department of State Police in the form and manner prescribed by
4the Department of State Police. These fingerprints shall be
5electronically transmitted through a live scan fingerprint
6vendor licensed by the Department. These fingerprints shall be
7checked against the Department of State Police and the Federal
8Bureau of Investigation criminal history record information
9database now and hereafter filed. The Department of State
10Police shall charge a fee for conducting the criminal history
11records check, which shall be deposited in the State Police
12Services Fund and shall not exceed the actual cost of the
13Illinois and national criminal history record check. The
14Department of State Police shall furnish, pursuant to positive
15identification, records of all Illinois convictions to the
16Department.
17 A behavior technician shall not use the words, titles, or
18letters indicating that he or she is a behavior analyst or an
19assistant behavior analyst or that he or she is engaging in the
20practice of applied behavior analysis. A behavior technician
21shall use a title that indicates his or her noncredentialed
22status, including "Behavior Technician", "ABA Technician", or
23"Tutor".
24 Section 99. Effective date. This Act takes effect upon
25becoming law.
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