Bill Text: IL HB5344 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Behavior Analyst Licensing Act. Provides that beginning 10 months after the adoption of the rules required to administer and enforce the Act (rather than 30 months after the effective date of the Act), an individual shall not engage in the practice of applied behavior analysis unless licensed under the Act or covered by an exemption. Provides that beginning 10 months after the adoption of the rules required to administer and enforce the Act (rather than 30 months after the effective date of the Act), an individual shall not use the title "licensed behavior analyst", "L.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", or similar words or letters indicating the individual is licensed as a behavior analyst or assistant behavior analyst unless the individual is actually licensed under the Act. Provides that no business organization shall provide, attempt to provide, or offer to provide behavior analysis services unless every member, partner, shareholder, director, officer, holder of any other ownership interest, agent, and employee who renders applied behavior analysis services holds a currently valid license issued under the Act beginning 24 months after the Department of Financial and Professional Regulation has commenced issuance of licenses under the Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0857 [HB5344 Detail]
Download: Illinois-2023-HB5344-Engrossed.html
Bill Title: Amends the Behavior Analyst Licensing Act. Provides that beginning 10 months after the adoption of the rules required to administer and enforce the Act (rather than 30 months after the effective date of the Act), an individual shall not engage in the practice of applied behavior analysis unless licensed under the Act or covered by an exemption. Provides that beginning 10 months after the adoption of the rules required to administer and enforce the Act (rather than 30 months after the effective date of the Act), an individual shall not use the title "licensed behavior analyst", "L.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", or similar words or letters indicating the individual is licensed as a behavior analyst or assistant behavior analyst unless the individual is actually licensed under the Act. Provides that no business organization shall provide, attempt to provide, or offer to provide behavior analysis services unless every member, partner, shareholder, director, officer, holder of any other ownership interest, agent, and employee who renders applied behavior analysis services holds a currently valid license issued under the Act beginning 24 months after the Department of Financial and Professional Regulation has commenced issuance of licenses under the Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0857 [HB5344 Detail]
Download: Illinois-2023-HB5344-Engrossed.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Behavior Analyst Licensing Act is amended | ||||||
| 5 | by changing Section 150 as follows:
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| 6 | (225 ILCS 6/150) | ||||||
| 7 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 8 | Sec. 150. License restrictions and limitations. The | ||||||
| 9 | provisions of this Section are inapplicable until 24 months | ||||||
| 10 | after the effective date of this amendatory Act of the 103rd | ||||||
| 11 | General Assembly. Notwithstanding the exclusion in paragraph | ||||||
| 12 | (2) of subsection (c) of Section 20 that permits an individual | ||||||
| 13 | to implement a behavior analytic treatment plan under the | ||||||
| 14 | extended authority, direction, and supervision of a licensed | ||||||
| 15 | behavior analyst or licensed assistant behavior analyst, no | ||||||
| 16 | business organization shall provide, attempt to provide, or | ||||||
| 17 | offer to provide behavior analysis services unless every | ||||||
| 18 | member, partner, shareholder, director, officer, holder of any | ||||||
| 19 | other ownership interest, agent, and employee who renders | ||||||
| 20 | applied behavior analysis services holds a currently valid | ||||||
| 21 | license issued under this Act. No business shall be created | ||||||
| 22 | that (i) has a stated purpose that includes behavior analysis, | ||||||
| 23 | or (ii) practices or holds itself out as available to practice | ||||||
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| 1 | behavior analysis therapy, unless it is organized under the | ||||||
| 2 | Professional Service Corporation Act or Professional Limited | ||||||
| 3 | Liability Company Act. Nothing in this Act shall preclude | ||||||
| 4 | individuals licensed under this Act from practicing directly | ||||||
| 5 | or indirectly for a physician licensed to practice medicine in | ||||||
| 6 | all its branches under the Medical Practice Act of 1987 or for | ||||||
| 7 | any legal entity as provided under subsection (c) of Section | ||||||
| 8 | 22.2 of the Medical Practice Act of 1987. | ||||||
| 9 | (Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.)
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