Bill Text: IL HB5580 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Behavior Analyst Licensing Act. Provides for licensure of licensed behavior analyst and licensed assistant behavior analyst. Creates the Advisory Board of Behavior Analyst. Provides qualifications for licensure application. 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 non-disciplinary actions and authorizing examinations. Provides for grounds for disciplinary actions. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning hearings, including record of proceedings, 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 repeals on January 1, 2029. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5580 Detail]

Download: Illinois-2017-HB5580-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5580

Introduced , by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.39 new

Creates the Behavior Analyst Licensing Act. Provides for licensure of licensed behavior analyst and licensed assistant behavior analyst. Creates the Advisory Board of Behavior Analyst. Provides qualifications for licensure application. 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 non-disciplinary actions and authorizing examinations. Provides for grounds for disciplinary actions. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning hearings, including record of proceedings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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, to protect the public from the practice of applied
16behavior analysis by unqualified persons and from
17unprofessional conduct by persons licensed to practice applied
18behavior analysis.
19 Section 10. Definitions. As used in this Act:
20 "Board" means the Advisory Board of Behavior Analysts
21appointed by the Secretary.
22 "Certifying entity" means the Behavior Analyst

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1Certification Board or an entity certifying professional
2practitioners of behavior analysis and is accredited by the
3National Commission on Certifying Agencies or the American
4National Standards Institute.
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.
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. The practice of behavior
21analysis includes the empirical identification of functional
22relations between environment and behavior, known as
23functional assessment and analysis. Applied behavior analysis
24interventions are based on scientific research and 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, or elicit behaviors under specific environmental
5conditions. The practice of behavior analysis does not include:
6 (1) the practice of medicine, osteopathic medicine and
7surgery, or medical diagnosis or treatment;
8 (2) the practice of speech-language pathology;
9 (3) the practice of physical therapy;
10 (4) the practice of occupational therapy;
11 (5) psychological testing, including standardized testing
12for intelligence or personality;
13 (6) diagnosis of a mental or physical disorder; or
14 (7) the practice of neuropsychology, psychotherapy,
15cognitive therapy, sex therapy, psychoanalysis, hypnotherapy,
16and counseling as treatment modalities.
17 "Secretary" means the Secretary of the Illinois Department
18of Financial and Professional Regulation.
19 "Sexual offense" means an offense that would require an
20individual to be subject to registration under the Sex Offender
21Registration Act.
22 Section 15. Address of record; email address of record. All
23applicants and licensees shall: (1) provide a valid address and
24email address to the Department, which shall serve as the
25address of record and email address of record, respectively, at

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1the time of application for licensure or renewal of a license;
2and (2) inform the Department of any change of address of
3record or email address of record within 14 days after such
4change, either through the Department's website or by
5contacting the Department's licensure maintenance unit.
6 Section 20. License required; exemptions.
7 (a) Beginning 24 months after the effective date of this
8Act, an individual shall not engage in the practice of applied
9behavior analysis unless licensed under this Act or covered by
10an exemption under subsection (c).
11 (1) An individual licensed under this Act as an
12 assistant behavior analyst shall not engage in the practice
13 of applied behavior analysis unless supervised in
14 accordance with rules adopted by the certifying entity.
15 (b) Beginning 24 months after the effective date of this
16Act, an individual shall not use the title "licensed behavior
17analyst", "L.B.A.", "licensed assistant behavior analyst",
18"L.A.B.A", or similar words or letters indicating he or she is
19licensed as a behavior analyst or assistant behavior analyst
20unless he or she is actually licensed under this Act.
21 (c) This Act does not prohibit any of the following:
22 (1) Self-care by a patient or uncompensated care by a
23 friend or family member who does not represent or hold
24 himself or herself out to be a behavior analyst or
25 assistant behavior analyst.

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1 (2) An individual from implementing a behavior
2 analytic treatment plan under the extended authority,
3 direction, and supervision of a licensed behavior analyst
4 or licensed assistant behavior analyst.
5 (3) An individual licensed under any other law of this
6 State from performing activities that are considered to be
7 practice of applied behavior analysis under this Act if the
8 activities are within the individual's scope of practice
9 and are commensurate with his or her education, training,
10 and experience, so long as the individual does not use the
11 titles provided in subsection (b).
12 (4) An individual from performing activities that are
13 considered to be the practice of applied behavior analysis
14 under this Act if the activities are with non-humans,
15 including applied animal behaviorists and animal trainers.
16 Such individual may use the title "behavior analyst" but
17 shall not represent himself or herself as a licensed
18 behavior analyst or licensed assistant behavior analyst
19 unless he or she holds a license issued by the State.
20 (5) An individual who provides general applied
21 behavior analysis services to organizations, so long as the
22 services are for the benefit of the organizations and do
23 not involve direct services to individuals. Such
24 individual may use the title "behavior analyst" but may not
25 represent himself or herself as a licensed behavior analyst
26 or licensed assistant behavior analyst unless he or she

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1 holds a license issued by the State.
2 (6) An individual who is a matriculated student at a
3 nationally accredited university approved in rules or a
4 postdoctoral fellow from performing activities that are
5 considered to be the practice of applied behavior analysis
6 under this Act if the activities are part of a defined
7 program of study, course, practicum, internship, or
8 postdoctoral fellowship, provided that the applied
9 behavior analysis activities are directly supervised by a
10 licensed behavior analyst under this Act or an instructor
11 of a course sequence approved by the certifying entity.
12 (7) An individual who is not licensed under this Act
13 from pursuing experience consistent with the requirements
14 of the certifying entity if the experience is supervised by
15 a licensed behavior analyst in accordance with the
16 requirements of the certifying entity.
17 (8) An individual with a Learning Behavior Specialist
18 endorsement from the Illinois State Board of Education from
19 delivering behavior analytic services in a school setting
20 when employed by that school as long as that person is not
21 in any manner held out to the public as a licensed behavior
22 analyst or licensed assistant behavior analyst.
23 (d) This Act does not apply to an individual who, on the
24effective date of this Act, is engaging in the practice of
25applied behavior analysis of the medical assistance program
26under the Illinois Public Aid Code and such individual is under

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1the supervision of a licensed behavior analyst or licensed
2assistant behavior analyst and seeking the education,
3training, and experience necessary to obtain a license under
4this Act, so long as such practice does not continue after 24
5months from the effective date of this Act.
6 Section 25. Qualifications; licensed behavior analyst. The
7Department shall issue a license of behavior analyst to an
8individual who currently has a Board Certified Behavior Analyst
9or Board Certified Behavior Analyst-Doctoral verified by the
10certifying entity.
11 Section 30. Qualifications; licensed assistant behavior
12analyst. The Department shall issue a license of assistant
13behavior analyst to an individual who has a Board Certified
14Assistant Behavior Analyst verified by the certifying entity
15and the individual shall provide evidence of current and
16ongoing supervision by a Board Certified Behavior Analyst or
17Board Certified Behavior Analysis-Doctoral in accordance with
18the requirements of the certifying entity.
19 Section 35. Advisory Board.
20 (a) There is hereby created the Advisory Board of Behavior
21Analysts. The Board shall consist of 7 members appointed by the
22Secretary. Among the 7 members, 4 members shall be licensed
23behavior analysts, at least one of whom shall hold a doctoral

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1degree, one member shall be a licensed assistant behavior
2analyst, one member shall be a licensed clinical psychologist,
3and one member shall be member of the public. The Board shall
4serve in an advisory capacity.
5 (b) Members of the Board shall have no criminal, civil, or
6professional liability in an action based upon a disciplinary
7proceeding or other activity performed in good faith as a
8member of the Board, except for willful or wanton misconduct.
9An individual or organization acting in good faith, and not in
10a willful and wanton manner, participating in proceedings of
11the Board, shall not be subject to criminal prosecution or
12civil damages as a result of such actions.
13 (c) Members of the Board shall be indemnified by the State
14for any actions occurring within the scope of services on the
15Board, done in good faith and not willful and wanton in nature.
16The Attorney General shall defend all such actions, unless he
17or she determines either that there would be a conflict of
18interest in such representation or that the actions complained
19of were not in good faith or were willful and wanton. If the
20Attorney General rejects representation, the member has the
21right to employ counsel of his or her choice, whose fees shall
22be provided by the State after approval by the Attorney
23General, unless there is a determination by a court that the
24member's actions were not in good faith or were willful and
25wanton. The member must notify the Attorney General within 7
26days after receipt of notice of the initiation of any action

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1involving services of the Board. Failure to notify the Attorney
2General shall constitute an absolute waiver of the right to a
3defense and indemnification. The Attorney General shall
4determine, within 7 days after receiving such notice, whether
5he or she will represent the member.
6 (d) In appointing members of the Board, the Secretary shall
7give due consideration to the adequate representation of the
8various practice specialties of behavior analysis and should
9reasonably reflect representation from different geographic
10areas of Illinois. In appointing members of the Board, the
11Secretary shall give due consideration to recommendations made
12by members of the profession of behavior analysis and by the
13Statewide organizations representing the interests of behavior
14analysts and organizations representing the interests of
15academic programs in behavior analysis.
16 (e) Members of the Advisory Board shall be appointed for
17terms of 4 years. No member shall be eligible to serve for more
18than 2 full terms. Any appointment to fill a vacancy shall be
19for the unexpired portion of the term. A member appointed to
20fill a vacancy for an unexpired term for a duration of 2 years
21or more may be reappointed for a maximum of one term, and a
22member appointed to fill a vacancy for an unexpired term for a
23duration of less than 2 years may be reappointed for a maximum
24of 2 terms.
25 (f) The initial members of the Board who are behavior
26analysts or assistant behavior analysts must be certified

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1accordingly by the certifying entity.
2 (g) In making initial appointments to the Board, the
3Secretary shall stagger the terms of the appointees so that one
4member serves an initial term of 2 years, 3 members shall serve
5an initial term of 3 years, and 3 members serve initial terms
6of 4 years. Each member of the Board shall hold office until
7his or her successor has been qualified. A vacancy in the
8membership of the Board shall be filled for the unexpired term
9in the manner provided for the original appointment. A member
10appointed for less than a full term may serve 2 full terms in
11addition to such part of a full term.
12 (h) Each Board member shall be a resident of this State for
13at least one year and shall, other than the public member, have
14been licensed under this Act for at least 3 years prior to
15appointment except for the original members of the Board who
16shall have experience in the practice of applied behavior
17analysis.
18 (i) The public member shall be a person who is not and
19never was a member of any profession licensed or regulated
20under this Act or the spouse of such individual; and an
21individual who does not have and never has had a material
22financial interest in either the providing of the professional
23services regulated by this Act, or an activity or organization
24directly related to any profession licensed or regulated under
25this Act.
26 (j) The Board shall annually elect one of its members as

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1chairperson.
2 (k) The members of the Board shall be reimbursed for all
3legitimate, necessary, and authorized expenses incurred in
4attending the meetings of the Board.
5 (l) The Secretary shall give due consideration to all
6recommendations of the Board.
7 (m) Four members of the Board shall constitute a quorum. A
8quorum is required for all Board decisions.
9 Section 40. Application for original license. Applications
10for original licenses shall be made to the Department
11electronically or on forms prescribed by the Department and
12accompanied by a required fee that is nonrefundable. An
13application shall contain such information that, in the
14judgment of the Department, will enable the Department to pass
15on the qualifications of the applicant for a license to
16practice as a licensed behavior analyst or licensed assistant
17behavior analyst.
18 Section 45. Rules; minimum standards; renewal. The
19Department, in consultation with the Board, shall adopt rules
20establishing the minimum standards for licensure as a licensed
21behavior analyst or a licensed assistant behavior analyst.
22 For purposes of this Section, the Department may adopt
23ethical and disciplinary professional rules from a certifying
24entity in whole or in part, as its standards. Until rules are

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1adopted under this Section by the Department, the Department
2shall use the ethical and disciplinary standards of the
3certifying entity that are in effect on the effective date of
4this Act.
5 The Department shall include in its rules that an
6application for licensure will be denied if the applicant's
7criminal history records indicates that he or she has been
8convicted of a sexual offense and that a licensee's license
9will be permanently revoked if he or she is convicted of a
10sexual offense while licensed under this Act.
11 The Department shall adopt rules requiring that a licensee
12seeking renewal to have his or her current certification
13verified by the certifying entity.
14 The Department shall adopt rules requiring that an
15assistant behavior analyst shall furnish evidence that he or
16she is practicing under the supervision of a licensed behavior
17analyst.
18 Section 50. Grounds for discipline.
19 (a) The Department may refuse to issue or renew a license,
20or may revoke, suspend, place on probation, reprimand, or take
21other disciplinary or non-disciplinary action as the
22Department deems appropriate with regard to the license of any
23person issued under this Act, including imposing fines not to
24exceed $10,000 for each violation, upon any of the following
25grounds:

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1 (1) Material misstatement in furnishing information to
2 the Department or to any other State agency.
3 (2) Violations or negligent or intentional disregard
4 of this Act or rules adopted under this Act.
5 (3) Conviction of the licensee by plea of guilty or
6 nolo contendere, finding of guilt, jury verdict, or entry
7 of judgment or by sentencing for any crime, including, but
8 not limited to, convictions, preceding sentences of
9 supervision, conditional discharge, or first offender
10 probation, under the laws of any jurisdiction of the United
11 States that (i) is a felony under the laws of this State or
12 (ii) is a misdemeanor, an essential element of which is
13 dishonesty, or that is directly related to the practice of
14 the behavior analyst profession.
15 (4) Fraud or any misrepresentation in applying for or
16 procuring a license under this Act or in connection with
17 applying for the renewal of a license under this Act.
18 (5) Professional incompetence or gross negligence in
19 rendering licensed behavior analyst or licensed assistant
20 behavior analyst services.
21 (6) Malpractice.
22 (7) Aiding or assisting another person in violating any
23 provision of this Act or any rules.
24 (8) Failing to provide information within 60 days in
25 response to a written request made by the Department.
26 (9) Engaging in dishonorable, unethical, or

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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public and violating the rules of
3 professional conduct adopted by the Department.
4 (10) Habitual or excessive use or abuse of drugs as
5 defined in law as controlled substances, alcohol, or any
6 other substance that results in the inability to practice
7 with reasonable skill, judgment, or safety.
8 (11) Discipline by another jurisdiction, including the
9 District of Columbia, territory, county, or governmental
10 agency, if at least one of the grounds for the discipline
11 is the same or substantially equivalent to those set forth
12 in this Section.
13 (12) Abandonment of a client.
14 (13) Willfully filing false reports relating to the
15 licensee's practice, including, but not limited to, false
16 records filed with federal or State agencies or
17 departments.
18 (14) Willfully failing to report an instance of
19 suspected child abuse or neglect as required by the Abused
20 and Neglected Child Reporting Act and in matters pertaining
21 to suspected abuse, neglect, financial exploitation, or
22 self-neglect of adults with disabilities and older adults
23 as set forth in the Adult Protective Services Act.
24 (15) Being named as a perpetrator in an indicated
25 report by the Department of Children and Family Services
26 pursuant to the Abused and Neglected Child Reporting Act,

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1 and upon proof by clear and convincing evidence that the
2 licensee has caused a child to be an abused child or
3 neglected child as defined in the Abused and Neglected
4 Child Reporting Act.
5 (16) Physical or mental illness or disability,
6 including, but not limited to, deterioration through the
7 aging process or loss of abilities and skills which results
8 in the inability to practice the profession with reasonable
9 judgment, skill, or safety.
10 (17) Solicitation of professional services by using
11 false or misleading advertising.
12 (18) Allowing one's license under this Act to be used
13 by an unlicensed person in violation of this Act.
14 (19) A finding that licensure has been applied for or
15 obtained by fraudulent means.
16 (20) Practicing under a false or, except as provided by
17 law, an assumed name.
18 (21) Gross and willful overcharging for professional
19 services including filing statements for collection of
20 fees or moneys for which services are not rendered.
21 (22) Clinical supervisors failing to adequately and
22 responsibly monitor supervisees in accordance with
23 guidelines set forth by the certifying entity.
24 All fines imposed under this Section shall be paid within
2560 days after the effective date of the order imposing the
26fine.

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1 (b) The Department may refuse to issue or may suspend
2without hearing, as provided for in the Code of Civil
3Procedure, the license of any person who fails to file a
4return, pay the tax, penalty, or interest shown in a filed
5return, or pay any final assessment of the tax, penalty, or
6interest as required by any tax Act administered by the
7Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied in accordance
9with subsection (g) of Section 2105-15 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois.
12 (c) In cases where the Department of Healthcare and Family
13Services has previously determined a licensee or a potential
14licensee is more than 30 days delinquent in the payment of
15child support and has subsequently certified the delinquency to
16the Department, the Department may refuse to issue or renew or
17may revoke or suspend that person's license or may take other
18disciplinary action against that person based solely upon the
19certification of delinquency made by the Department of
20Healthcare and Family Services in accordance with item (5) of
21subsection (a) of Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois.
24 (d) The determination by a court that a licensee is subject
25to involuntary admission or judicial admission as provided in
26the Mental Health and Developmental Disabilities Code will

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1result in an automatic suspension of his or her license. The
2suspension will end upon a finding by a court that the licensee
3is no longer subject to involuntary admission or judicial
4admission, the issuance of an order so finding and discharging
5the patient, and the recommendation of the Board to the
6Secretary that the licensee be allowed to resume professional
7practice.
8 (e) In enforcing this Act, the Department, upon a showing
9of a possible violation, may compel an individual licensed to
10practice under this Act, or who has applied for licensure under
11this Act, to submit to a mental or physical examination, or
12both, as required by and at the expense of the Department. The
13Department may order the examining physician to present
14testimony concerning the mental or physical examination of the
15licensee or applicant. No information shall be excluded by
16reason of any common law or statutory privilege relating to
17communications between the licensee or applicant and the
18examining physician. The examining physicians shall be
19specifically designated by the Department. The individual to be
20examined may have, at his or her own expense, another physician
21of his or her choice present during all aspects of this
22examination. The examination shall be performed by a physician
23licensed to practice medicine in all its branches. Failure of
24an individual to submit to a mental or physical examination,
25when directed, shall result in an automatic suspension without
26hearing.

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1 A person holding a license under this Act or who has
2applied for a license under this Act who, because of a physical
3or mental illness or disability, including, but not limited to,
4deterioration through the aging process or loss of motor
5skills, is unable to practice the profession with reasonable
6judgment, skill, or safety, may be required by the Department
7to submit to care, counseling, or treatment by physicians
8approved or designated by the Department as a condition, term,
9or restriction for continued, reinstated, or renewed licensure
10to practice. Submission to care, counseling, or treatment as
11required by the Department shall not be considered discipline
12of a license. If the licensee refuses to enter into a care,
13counseling, or treatment agreement or fails to abide by the
14terms of the agreement, the Department may file a complaint to
15revoke, suspend, or otherwise discipline the license of the
16individual. The Secretary may order the license to be suspended
17immediately, pending a hearing by the Department. Fines shall
18not be assessed in disciplinary actions involving physical or
19mental illness or impairment.
20 In instances in which the Secretary immediately suspends a
21person's license under this Section, a hearing on that person's
22license shall be convened by the Department within 15 days
23after the suspension and completed without appreciable delay.
24The Department shall have the authority to review the subject
25individual's record of treatment and counseling regarding the
26impairment to the extent permitted by applicable federal

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1statutes and regulations safeguarding the confidentiality of
2medical records.
3 An individual licensed under this Act and affected under
4this Section shall be afforded an opportunity to demonstrate to
5the Department that he or she can resume practice in compliance
6with acceptable and prevailing standards under the provisions
7of his or her license.
8 (f) All fines imposed under this Section shall be paid
9within 55 days after the effective date of the order imposing
10the fine or in accordance with the terms set forth in the order
11imposing the fine.
12 Section 55. Illinois Administrative Procedure Act. The
13Illinois Administrative Procedure Act is hereby expressly
14adopted and incorporated in this Act as if all of the
15provisions of the Illinois Administrative Procedure Act were
16included in this Act, except that the provision of subsection
17(d) of Section 10-65 of the Illinois Administrative Procedure
18Act is expressly excluded, which provides that at hearings the
19license holder has the right to show compliance with all lawful
20requirements for retention, continuation, or renewal of a
21license. For the purposes of this Act, the notice required
22under Section 10-25 of the Illinois Administrative Procedure
23Act is deemed sufficient when served personally upon, mailed to
24the last known address of record of, or emailed to the email
25address of record of a party.

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1 Section 60. Unlicensed practice; violation; civil penalty.
2 (a) Any person who practices, offers to practice, attempts
3to practice, or holds himself or herself out to practice as a
4licensed behavior analyst or licensed assistant behavior
5analyst without being licensed or exempt under this Act shall,
6in addition to any other penalty provided by law, pay a civil
7penalty to the Department in an amount not to exceed $10,000
8for each offense, as determined by the Department. The civil
9penalty shall be assessed by the Department after a hearing is
10held in accordance with the provisions set forth in this Act
11regarding the provision of a hearing for the discipline of a
12licensee.
13 (b) The Department may investigate any actual, alleged, or
14suspected unlicensed activity.
15 (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a final judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20 Section 65. Violations; injunction; cease and desist
21order.
22 (a) If an individual violates a provision of this Act, the
23Secretary may, in the name of the People of the State of
24Illinois, through the Attorney General of the State of Illinois

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1or the State's Attorney of the county in which the violation is
2alleged to have occurred, petition for an order enjoining the
3violation or for an order enforcing compliance with this Act.
4Upon the filing of a verified petition, the court with
5appropriate jurisdiction may issue a temporary restraining
6order without notice or bond, and may preliminarily and
7permanently enjoin the violation. If it is established that the
8individual has violated or is violating the injunction, the
9court may punish the offender for contempt of court.
10Proceedings under this Section are in addition to all other
11remedies and penalties provided by this Act.
12 (b) If an individual holds himself or herself out as being
13a licensed behavior analyst or a licensed assistant behavior
14analyst under this Act and is not licensed to do so, then any
15licensed behavior analyst, licensed assistant behavior
16analyst, interested party, or any person injured thereby may
17petition for relief as provided in subsection (a) of this
18Section.
19 (c) Whenever, in the opinion of the Department, an
20individual violates a provision of this Act, the Department may
21issue a rule to show cause why an order to cease and desist
22should not be entered against that person. The rule shall
23clearly set forth the grounds relied upon by the Department and
24shall allow at least 7 days from the date of the rule to file an
25answer satisfactory to the Department. Failure to answer to the
26satisfaction of the Department shall cause an order to cease

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1and desist to be issued.
2 Section 70. Powers and duties of the Department.
3 (a) The Department shall exercise the powers and duties
4prescribed by the Civil Administrative Code of Illinois for the
5administration of licensure Acts and shall exercise other
6powers and duties necessary for effectuating the purposes of
7this Act.
8 (b) The Department may adopt rules to administer and
9enforce this Act, including, but not limited to, fees for
10original licensure and renewal and restoration of licenses, and
11may prescribe forms to be issued to implement this Act. At a
12minimum, the rules adopted by the Department shall include
13standards and criteria for licensure and for professional
14conduct and discipline. The Department may consult with the
15Board in adopting rules. The Department may at any time seek
16the advice and expert knowledge of the Board on any matter
17relating to the administration of this Act.
18 (c) Subject to the provisions of this Act, the Department
19may:
20 (1) Authorize examinations to ascertain the
21 qualifications and fitness of applicants for licensing as
22 licensed behavior analysts or licensed assistant behavior
23 analysts and pass upon the qualifications of applicants for
24 licensure by endorsement.
25 (2) Conduct hearings or proceedings to refuse to issue

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1 or renew or to revoke licenses or suspend, place on
2 probation, censure, or reprimand or take any other
3 disciplinary or non-disciplinary action with regard to a
4 person licensed under this Act.
5 (3) Formulate rules and regulations required for the
6 administration of this Act.
7 (4) Maintain rosters of the names and addresses of all
8 licensees, and all persons whose licenses have been
9 suspended, revoked, or denied renewal for cause within the
10 previous calendar year. These rosters shall be available
11 upon written request and payment of the required fee.
12 (d) All information collected by the Department in the
13course of an examination or investigation of a licensee or
14applicant, including, but not limited to, any complaint against
15a licensee filed with the Department and information collected
16to investigate any such complaint, shall be maintained for the
17confidential use of the Department and shall not be disclosed.
18The Department may not disclose the information to anyone other
19than law enforcement officials, other regulatory agencies that
20have an appropriate regulatory interest as determined by the
21Secretary, or to a party presenting a lawful subpoena to the
22Department. Information and documents disclosed to a federal,
23State, county, or local law enforcement agency shall not be
24disclosed by the agency for any purpose to any other agency or
25person. A formal complaint filed against a licensee by the
26Department or any order issued by the Department against a

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1licensee or applicant shall be a public record, except as
2otherwise prohibited by law.
3 Section 75. Investigations; notice; hearing.
4 (a) The Department may investigate the actions of any
5applicant or of any person or persons holding or claiming to
6hold a license under this Act.
7 (b) The Department shall, before disciplining an applicant
8or licensee, at least 30 days before the date set for the
9hearing, (i) notify the accused in writing of the charges made
10and the time and place for the hearing on the charges, (ii)
11direct him or her to file a written answer to the charges under
12oath within 20 days after service, and (iii) inform the
13applicant or licensee that failure to answer will result in a
14default being entered against the applicant or licensee.
15 (c) At the time and place fixed in the notice, the Board or
16hearing officer appointed by the Secretary shall proceed to
17hear the charges, and the parties or their counsel shall be
18accorded ample opportunity to present any pertinent
19statements, testimony, evidence, and arguments. The Board or
20hearing officer may continue the hearing from time to time. In
21case the person, after receiving the notice, fails to file an
22answer, his or her license may, in the discretion of the
23Secretary, having first received the recommendation of the
24Board, be suspended, revoked, or placed on probationary status,
25or be subject to any disciplinary action the Secretary

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1considers proper, including, but not limited to, limiting the
2scope, nature, or extent of the person's practice or the
3imposition of a fine without hearing if the act or acts charged
4constitute sufficient grounds for that action under this Act.
5 (d) The written notice and any notice in the subsequent
6proceeding may be served by regular or certified mail to the
7applicant's or licensee's address of record.
8 (e) Notwithstanding any other provision of this Act, the
9Secretary shall have the authority to appoint any attorney duly
10licensed to practice law in the State of Illinois to serve as
11the hearing officer in any action for refusal to issue, renew
12or discipline a license. The hearing officer shall have full
13authority to conduct the hearing. The hearing officer shall
14report his or her findings of fact, conclusions of law, and
15recommendations to the Board and the Secretary.
16 (f) Record of proceedings; transcript. The Department, at
17its expense, shall preserve a record of all proceedings at any
18formal hearing of any case. The notice of hearing, complaint
19and all other documents in the nature of pleadings and written
20motions filed in the proceedings, the transcript of testimony,
21the report of the Board, and the orders of the Department shall
22be the record of the proceedings. The Department shall furnish
23a copy of the record to any person upon payment of the fee
24required under Section 2105-115 of the Department of
25Professional Regulation Law.
26 (g) The Board or the hearing officer appointed by the

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1Secretary shall hear evidence in support of the formal charges
2and evidence produced by the licensee. At the conclusion of the
3hearing, the Board shall present to the Secretary a written
4report of its findings of fact, conclusions of law, and
5recommendations.
6 (h) At the conclusion of the hearing, a copy of the Board
7or hearing officer's report shall be served to the applicant or
8licensee by the Department, either personally or as provided in
9this Act for the service of a notice of hearing. Within 20
10calendar days after service, the applicant or licensee may
11present to the Department a motion in writing for a rehearing,
12which shall specify the particular grounds for rehearing. The
13Department may respond to the motion for rehearing within 20
14calendar days after its service on the Department. If no motion
15for rehearing is filed, then after the expiration of the time
16specified for filing such motion, or upon denial of a motion
17for rehearing, the Secretary may enter an order in accordance
18with the recommendation of the Board or hearing officer. If the
19applicant or licensee orders from the reporting service and
20pays for a transcript of the record within the time for filing
21a motion for rehearing, the 20-day period within which a motion
22may be filed shall commence upon the delivery of the transcript
23to the applicant or licensee.
24 (i) If the Secretary disagrees in any regard with the
25report of the Board, the Secretary may issue an order contrary
26to the report.

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1 (j) Whenever the Secretary is not satisfied that
2substantial justice has been done, the Secretary may order a
3rehearing by the same or another hearing officer.
4 (k) At any point in any investigation or disciplinary
5proceeding provided for in this Act, both parties may agree to
6a negotiated consent order. The consent order shall be final
7upon the signature of the Secretary.
8 (l) Any fine imposed shall be payable within 60 days after
9the effective date of the order imposing the fine.
10 Section 80. Administrative review.
11 (a) All final administrative decisions of the Department
12hereunder shall be subject to judicial review pursuant to the
13provisions of the Administrative Review Law, and all amendments
14and modifications thereof, and the rules adopted pursuant
15thereto. The term "administrative decision" is defined as in
16Section 3-101 of the Code of Civil Procedure.
17 (b) Proceedings for judicial review shall be commenced in
18the circuit court of the county in which the party applying for
19review resides, but if the party is not a resident of Illinois,
20the venue shall be in Sangamon County.
21 Section 85. Certification of record. The Department shall
22not be required to certify any record to the court, file any
23answer in court, or otherwise appear in any judicial review
24proceedings, unless and until the Department has received from

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1the plaintiff payment of the costs of furnishing and certifying
2the record, which costs shall be determined by the Department.
3Failure on the part of the plaintiff to file a receipt in court
4shall be grounds for dismissal of the action.
5 Section 90. Fees. The Department shall provide by rule for
6a schedule of fees for the administration and enforcement of
7this Act, including, but not limited to, original licensure,
8registration, renewal, and restoration. The fees shall be
9nonrefundable.
10 All fees, fines, and penalties collected under this Act
11shall be deposited into the General Professions Dedicated Fund
12and shall be appropriated to the Department for the ordinary
13and contingent expenses of the Department in the administration
14of this Act.
15 Section 95. The Regulatory Sunset Act is amended by adding
16Section 4.39 as follows:
17 (5 ILCS 80/4.39 new)
18 Sec. 4.39. Act repealed on January 1, 2029. The following
19Act is repealed on January 1, 2029:
20 The Behavior Analyst Licensing Act.
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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