HB2710 101ST GENERAL ASSEMBLY

LRB101 07779 JRG 52828 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2710

Introduced 2/14/2019, by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.40 new

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 Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2030. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Behavior Analyst Licensing Act.

Section 5. Public policy. The practice of applied behavior analysis is declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a license and hold the title of "behavior analyst" or "assistant behavior analyst", to promote high standards of professional performance for those licensed to practice applied behavior analysis in the State of Illinois, to protect the public from the practice of applied behavior analysis by unqualified persons and from unprofessional conduct by persons licensed to practice applied behavior analysis.

Section 10. Definitions. As used in this Act:

"Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit.

"Board" means the Advisory Board of Behavior Analysts appointed by the Secretary.

"Certifying entity" means an entity certifying professional practitioners of behavior analysis and that is accredited by the National Commission for Certifying Agencies or the American National Standards Institute.

"Department" means the Department of Financial and Professional Regulation.

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit.

"Licensed assistant behavior analyst" means an individual licensed under this Act to engage in practice as an assistant behavior analyst under the supervision of a licensed behavior analyst.

"Licensed behavior analyst" means an individual licensed to engage in the practice of applied behavior analysis or a licensed clinical psychologist.

"Practice of behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvement in human behavior. "Practice of behavior analysis" includes the empirical identification of functional relations between behavior environmental factors, known as functional assessment and analysis. Applied behavior analysis interventions are based on scientific research and the direct observation and measurement of behavior and environment. Applied behavior analysis interventions utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and elicit behaviors under specific environmental conditions. "Practice of behavior analysis" does not include:

(1) the practice of medicine, osteopathic medicine and surgery, or medical diagnosis or treatment, as regulated by the Medical Practice Act of 1987;

(2) the practice of nursing, as regulated by the Nurse Practice Act;

(3) the practice of speech-language pathology, as defined in the Illinois Speech-Language Pathology and Audiology Practice Act;

(4) the practice of licensed clinical psychology, as defined in the Clinical Psychologist Licensing Act;

(5) the practice of physical therapy, as defined in the Illinois Physical Therapy Act;

(6) the practice of occupational therapy, as defined in the Illinois Occupational Therapy Practice Act;

(7) psychological testing, including standardized testing for intelligence or personality;

(8) diagnosis of a mental or physical disorder;

(9) the practice of neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and counseling as treatment modalities;

(10) the practice of school social work, as provided in Section 34-18.58 of the School Code;

(11) the practice of clinical social work or social work, as regulated by the Clinical Social Work and Social Work Practice Act;

(12) the practice of professional counseling, as defined in the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act; or

(13) the practice of marriage and family therapy, as defined in the Marriage and Family Therapy Licensing Act.

"Secretary" means the Secretary of Financial and Professional Regulation.

"Sexual offense" means an offense that would require an individual to be subject to registration under the Sex Offender Registration Act.

Section 15. Address of record; email address of record. All applicants and licensees shall:

(1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and

(2) inform the Department of any change of address of record or email address of record within 14 days after such change, either through the Department's website or by contacting the Department's licensure maintenance unit.

Section 20. License required; exemptions.

(a) Beginning 24 months after the effective date of this Act, an individual shall not engage in the practice of applied behavior analysis unless licensed under this Act or covered by an exemption under subsection (c).

(a-5) An individual licensed under this Act as an assistant behavior analyst shall not engage in the practice of applied behavior analysis unless supervised in accordance with rules adopted by the certifying entity or supervised by a licensed clinical psychologist.

(b) Beginning 24 months after the effective date of this Act, an individual shall not use the title "licensed behavior analyst", "L.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", or similar words or letters indicating he or she is licensed as a behavior analyst or assistant behavior analyst unless he or she is actually licensed under this Act.

(c) This Act does not prohibit any of the following:

(1) Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold himself or herself out to be a behavior analyst or assistant behavior analyst.

(2) An individual from implementing a behavior analytic treatment plan under the extended authority, direction, and supervision of a licensed behavior analyst or licensed assistant behavior analyst.

(3) An individual licensed under any other law of this State from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are within the individual's scope of practice and are commensurate with his or her education, training, and experience, so long as the individual does not use the titles provided in subsection (b).

(4) An individual from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are with non-humans, including applied animal behaviorists and animal trainers. Such an individual may use the title "behavior analyst" but shall not represent himself or herself as a licensed behavior analyst or licensed assistant behavior analyst unless he or she holds a license issued by the State.

(5) An individual who provides general applied behavior analysis services to organizations, so long as the services are for the benefit of the organizations and do not involve direct services to individuals. Such an individual may use the title "behavior analyst" but may not represent himself or herself as a licensed behavior analyst or licensed assistant behavior analyst unless he or she holds a license issued by the State.

(6) An individual who is a matriculated student at a nationally accredited university approved in rules or a postdoctoral fellow from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are part of a defined program of study, course, practicum, internship, or postdoctoral fellowship, provided that the applied behavior analysis activities are directly supervised by a licensed behavior analyst under this Act, a licensed clinical psychologist, or an instructor of a course sequence approved by the certifying entity.

(7) An individual who is not licensed under this Act from pursuing experience consistent with the requirements of the certifying entity if the experience is supervised by a licensed behavior analyst in accordance with the requirements of the certifying entity or a licensed psychologist.

(8) An individual with a learning behavior specialist or school support personnel endorsement from the Illinois State Board of Education from delivering behavior analytic services in a school setting when employed by that school as long as those services are defined in the scope of practice for that endorsement and that person is not in any manner held out to the public as a licensed behavior analyst or licensed assistant behavior analyst.

(9) A qualified intellectual disabilities professional, meeting the minimum federal education requirements outlined in 42 CFR 483.430, who is performing such duties as required for individuals with intellectual or developmental disabilities in programs and facilities regulated by the federal Centers for Medicare and Medicaid Services, the Department of Human Services, or the Department of Public Health, so long as the individual does not use the titles provided in subsection (b).

(d) This Act does not apply to an individual who, on the effective date of this Act, is engaging in the practice of applied behavior analysis for the medical assistance program under the Illinois Public Aid Code and is under the supervision of a licensed behavior analyst or licensed assistant behavior analyst and seeking the education, training, and experience necessary to obtain a license under this Act, so long as such practice does not continue after 24 months after the effective date of this Act.

Section 25. Qualifications for behavior analyst license.

(a) A person qualifies to be licensed as a behavior analyst if that person:

(1) has applied in writing or electronically on forms prescribed by the Department;

(2) is at least 21 years of age and has not engaged in conduct or activities that would constitute grounds for discipline under this Act;

(3) pays the required fees; and

(4) meets either of the following requirements:

(A) if the person successfully completed a graduate degree from a nationally or regionally accredited university approved by the Department before the effective date of this Act, the person:

(i) demonstrates to the Department successful completion before the effective date of this Act of a graduate degree from a nationally or regionally accredited university approved by the Department and core coursework related to principles and application of applied behavior analysis necessary to qualify for the certification examination as outlined by the certifying entity;

(ii) has met the supervised work experience requirements in effect at the time of his or her initial board certification examination;

(iii) has passed an independently administered examination by the certifying entity and approved by the Department for professional practitioners of applied behavior analysis and is in good standing with the certifying entity at the time of application; or

(B) if the person has not successfully completed a graduate degree from a nationally or regionally accredited university approved by the Department before the effective date of this Act, the person:

(i) holds a graduate degree from a nationally or regionally accredited university approved by the Department;

(ii) demonstrates successful completion of both core graduate level coursework related to principles and application of applied behavior analysis necessary to qualify for the certification examination as outlined by the certifying entity and other graduate level course work necessary to complete a master's or doctoral degree as outlined by the university, approved by the Department and defined by rule;

(iii) demonstrates successful completion of at least 1,500 hours of supervised work experience under the direction of a qualified supervisor as defined by the certifying entity and defined by rule;

(iv) passes an independently administered examination by the certifying entity and approved by the Department for professional practitioners of applied behavior analysis; and

(v) is in good standing with the certifying entity at the time of application.

(b) All applicants have 3 years after the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

Section 30. Qualifications for assistant behavior analyst license.

(a) A person qualifies to be licensed as an assistant behavior analyst if that person:

(1) has applied in writing or electronically on forms prescribed by the Department;

(2) is at least 21 years of age and has not engaged in conduct or activities that would constitute grounds for discipline under this Act;

(3) pays the required fees; and

(4) meets either of the following requirements:

(A) if the person successfully completed a minimum of a bachelor's degree from a nationally or regionally accredited university approved by the Department before the effective date of this Act, the person:

(i) demonstrates to the Department successful completion before the effective date of this Act a minimum of a bachelor's level degree from a nationally or regionally accredited university approved by the Department and core coursework related to principles and application of applied behavior analysis necessary to qualify for the certification examination as outlined by the certifying entity and coursework necessary to complete the degree as outlined by the university;

(ii) passes an independently administered examination by the certifying entity and approved by the Department for professional practitioners of applied behavior analysis;

(iii) is in good standing with the certifying entity at the time of application; and

(iv) demonstrates a continued relationship with a qualified supervisor as defined by the certifying entity and approved by the Department; or

(B) if the person has not successfully completed a minimum of a bachelor's degree from a nationally or regionally accredited university approved by the Department before the effective date of this Act, the person:

(i) holds a minimum of a bachelor's level degree from a nationally or regionally accredited university approved by the Department;

(ii) demonstrates successful completion of both core coursework related to principles and application of applied behavior analysis necessary to qualify for the certification examination as outlined by the certifying entity and other course work necessary to complete the degree as outlined by the university, approved by the Department and defined by rule;

(iii) demonstrates successful completion of at least 1,000 hours of supervised work experience under the direction of a qualified supervisor as defined by the certifying entity and approved by the Department;

(iv) passes an independently administered examination by the certifying entity for professional practitioners of applied behavior analysis;

(v) is in good standing with the certifying entity at the time of application; and

(vi) demonstrates a continued relationship with a qualified supervisor as defined by the certifying entity and approved by the Department.

(b) Applicants have 3 years after the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

Section 35. Endorsement. The Department may issue a license as a behavior analyst or assistant behavior analyst to an applicant licensed under the laws of another jurisdiction if the requirements for licensure in that jurisdiction are, on the date of licensure, substantially equivalent to the requirements of this Act or to any person who, at the time of his or her licensure, possessed individual qualifications that were substantially equivalent to the requirements then in force in this State.

An applicant under this Section shall pay the required fees. An individual applying for licensure as a licensed behavior analyst or assistant behavior analyst who has been licensed in another United States jurisdiction for 10 consecutive years without discipline is not required to submit proof of completion of the education, professional experience, and supervision required in Section 25 or 30.

Individuals with 10 consecutive years of experience must submit certified verification of licensure from the jurisdiction in which the applicant practiced and must comply with all other licensing requirements and pay all required fees. If the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Department or the Board because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure may be required to provide additional information.

Section 40. Advisory Board of Behavior Analysts.

(a) The Advisory Board of Behavior Analysts is created within the Department of Financial and Professional Regulation. The Board shall consist of the following 5 members appointed by the Secretary: one licensed behavior analyst holding a doctoral degree, one licensed assistant behavior analyst, 2 licensed behavior analysts, and one public member. The Board shall serve in an advisory capacity.

(b) Members of the Board shall have no criminal, civil, or professional liability in an action based upon a disciplinary proceeding or other activity performed in good faith as a member of the Board, except for willful or wanton misconduct. An individual or organization acting in good faith, and not in a willful and wanton manner, participating in proceedings of the Board, shall not be subject to criminal prosecution or civil damages as a result of such actions.

(c) Members of the Board shall be indemnified by the State for any actions occurring within the scope of services on the Board, done in good faith and not willful and wanton in nature. The Attorney General shall defend all such actions, unless he or she determines either that there would be a conflict of interest in such representation or that the actions complained of were not in good faith or were willful and wanton. If the Attorney General rejects representation, the member has the right to employ counsel of his or her choice, whose fees shall be provided by the State after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were willful and wanton. The member must notify the Attorney General within 7 days after receipt of notice of the initiation of any action involving services of the Board. Failure to notify the Attorney General shall constitute an absolute waiver of the right to a defense and indemnification. The Attorney General shall determine, within 7 days after receiving such notice, whether he or she will represent the member.

(d) In appointing members of the Board, the Secretary shall give due consideration to the adequate representation of the various practice specialties of behavior analysis and should reasonably reflect representation from different geographic areas of Illinois. In appointing members of the Board, the Secretary shall give due consideration to recommendations made by members of the profession of behavior analysis and by the Statewide organizations representing the interests of behavior analysts and organizations representing the interests of academic programs in behavior analysis.

(e) Members of the Board shall be appointed for terms of 4 years. No member shall be eligible to serve for more than 2 full terms. Any appointment to fill a vacancy shall be for the unexpired portion of the term. A member appointed to fill a vacancy for an unexpired term for a duration of 2 years or more may be reappointed for a maximum of one term, and a member appointed to fill a vacancy for an unexpired term for a duration of less than 2 years may be reappointed for a maximum of 2 terms.

(f) The initial members of the Board who are behavior analysts or assistant behavior analysts must be certified accordingly by the certifying entity.

(g) In making initial appointments to the Board, the Secretary shall stagger the terms of the appointees so that one member serves an initial term of 2 years, 2 members shall serve an initial term of 3 years, and 2 members serve initial terms of 4 years. Each member of the Board shall hold office until his or her successor has been qualified. A vacancy in the membership of the Board shall be filled for the unexpired term in the manner provided for the original appointment. A member appointed for less than a full term may serve 2 full terms in addition to such part of a full term.

(h) Each Board member shall be a resident of this State for at least one year and shall, other than the public member, have been licensed under this Act for at least 3 years prior to appointment, except for the original members of the Board, who shall have experience in the practice of applied behavior analysis.

(i) The public member shall be a person who is not and never was a member of any profession licensed or regulated under this Act or the spouse of such individual; and an individual who does not have and never has had a material financial interest in either the providing of the professional services regulated by this Act, or an activity or organization directly related to any profession licensed or regulated under this Act.

(j) The Board shall annually elect one of its members as chairperson.

(k) The members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses incurred in attending the meetings of the Board.

(l) The Secretary shall give due consideration to all recommendations of the Board. The Secretary may consider the recommendation of the Board on all matters and questions relating to this Act, including rules for administration of this Act.

(m) Four members of the Board shall constitute a quorum. A quorum is required for all Board decisions.

(o) The Secretary shall have the authority to remove or suspend any member for cause at any time prior to the expiration of his or her term. The Secretary shall be the sole arbiter of cause.

Section 45. Rules; minimum standards; renewal.

(a) The Department, in consultation with the Board, shall adopt rules establishing the minimum standards for licensure as a licensed behavior analyst or a licensed assistant behavior analyst.

(b) For the purposes of this Section, the Department may adopt ethical and disciplinary professional rules from a certifying entity in whole or in part, as its standards. Until rules are adopted under this Section by the Department, the Department shall use the ethical and disciplinary standards of the certifying entity that are in effect on the effective date of this Act.

(c) The Department shall include in its rules that an application for licensure shall be denied if the applicant's criminal history records indicates that he or she has been convicted of a sexual offense and that a licensee's license shall be permanently revoked if he or she is convicted of a sexual offense while licensed under this Act.

(d) The Department shall adopt rules requiring that a licensee seeking renewal to have his or her current certification verified by the certifying entity. The expiration date and renewal period for each license issued under this Act shall be set by rule. The licensee may renew a license during the 60-day period preceding its expiration date by paying the required fee and by demonstrating compliance with any continuing education requirements. The Department shall adopt rules establishing minimum requirements of continuing education and means for verification of the completion of the continuing education requirements.

(e) The Department shall adopt rules requiring that an assistant behavior analyst shall furnish evidence that he or she is practicing under the supervision of a licensed behavior analyst.

Section 50. Grounds for discipline.

(a) The Department may refuse to issue or renew a license, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or nondisciplinary action as the Department deems appropriate with regard to the license of any person issued under this Act, including imposing fines not to exceed $10,000 for each violation, upon any of the following grounds:

(1) Material misstatement in furnishing information to the Department or to any other State agency.

(2) Violations or negligent or intentional disregard of this Act or rules adopted under this Act.

(3) Conviction of the licensee by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or by sentencing for any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that (i) is a felony under the laws of this State or (ii) is a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the behavior analyst profession.

(4) Fraud or any misrepresentation in applying for or procuring a license under this Act or in connection with applying for the renewal of a license under this Act.

(5) Professional incompetence or gross negligence in rendering licensed behavior analyst or licensed assistant behavior analyst services.

(6) Malpractice.

(7) Aiding or assisting another person in violating any provision of this Act or any rules.

(8) Failing to provide information within 60 days in response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public and violating the rules of professional conduct adopted by the Department.

(10) Habitual or excessive use or abuse of drugs as defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable skill, judgment, or safety.

(11) Discipline by another jurisdiction, including the District of Columbia, territory, county, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

(12) Abandonment of a client.

(13) Willfully filing false reports relating to the licensee's practice, including, but not limited to, false records filed with federal or State agencies or departments.

(14) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act and in matters pertaining to suspected abuse, neglect, financial exploitation, or self-neglect of adults with disabilities and older adults as set forth in the Adult Protective Services Act.

(15) Being named as a perpetrator in an indicated report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

(16) Physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of abilities and skills which results in the inability to practice the profession with reasonable judgment, skill, or safety.

(17) Solicitation of professional services by using false or misleading advertising.

(18) Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.

(19) A finding that licensure has been applied for or obtained by fraudulent means.

(20) Practicing under a false or, except as provided by law, an assumed name.

(21) Gross and willful overcharging for professional services, including filing statements for collection of fees or moneys for which services are not rendered.

(22) Clinical supervisors failing to adequately and responsibly monitor supervisees in accordance with guidelines set forth by the certifying entity.

All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine.

(b) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, pay the tax, penalty, or interest shown in a filed return, or pay any final assessment of the tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until the requirements of any such tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(c) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with item (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(d) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code shall result in an automatic suspension of his or her license. The suspension shall end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary that the licensee be allowed to resume professional practice.

(e) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The Department may order the examining physician to present testimony concerning the mental or physical examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of this examination. The examination shall be performed by a physician licensed to practice medicine in all its branches. Failure of an individual to submit to a mental or physical examination, when directed, shall result in an automatic suspension without hearing.

A person holding a license under this Act or who has applied for a license under this Act who, because of a physical or mental illness or disability, including, but not limited to, deterioration through the aging process or loss of motor skills, is unable to practice the profession with reasonable judgment, skill, or safety, may be required by the Department to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. Submission to care, counseling, or treatment as required by the Department shall not be considered discipline of a license. If the licensee refuses to enter into a care, counseling, or treatment agreement or fails to abide by the terms of the agreement, the Department may file a complaint to revoke, suspend, or otherwise discipline the license of the individual. The Secretary may order the license to be suspended immediately, pending a hearing by the Department. Fines shall not be assessed in disciplinary actions involving physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license shall be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.

(f) All fines imposed under this Section shall be paid within 55 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.

Section 55. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in this Act as if all of the provisions of the Illinois Administrative Procedure Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act is expressly excluded, which provides that at hearings the license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of a license. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when served personally upon, mailed to the last known address of record of, or emailed to the email address of record of a party.

Section 60. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice as a licensed behavior analyst or licensed assistant behavior analyst without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department may investigate any actual, alleged, or suspected unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a final judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

Section 65. Violations; injunction; cease and desist order.

(a) If an individual violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the individual has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to all other remedies and penalties provided by this Act.

(b) If an individual holds himself or herself out as being a licensed behavior analyst or a licensed assistant behavior analyst under this Act and is not licensed to do so, then any licensed behavior analyst, licensed assistant behavior analyst, interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section.

(c) Whenever, in the opinion of the Department, an individual violates a provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall allow at least 7 days from the date of the rule to file an answer satisfactory to the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued.

Section 70. Powers and duties of the Department.

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act.

(b) The Department may adopt rules to administer and enforce this Act, including, but not limited to, fees for original licensure and renewal and restoration of licenses, and may prescribe forms to be issued to implement this Act. At a minimum, the rules adopted by the Department shall include standards and criteria for licensure and for professional conduct and discipline. The Department may consult with the Board in adopting rules. The Department may at any time seek the advice and expert knowledge of the Board on any matter relating to the administration of this Act.

(c) Subject to the provisions of this Act, the Department may:

(1) Authorize examinations to ascertain the qualifications and fitness of applicants for licensing as licensed behavior analysts or licensed assistant behavior analysts and pass upon the qualifications of applicants for licensure by endorsement.

(2) Conduct hearings or proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, censure, or reprimand or take any other disciplinary or nondisciplinary action with regard to a person licensed under this Act.

(3) Adopt rules required for the administration of this Act.

(4) Maintain rosters of the names and addresses of all licensees, and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. These rosters shall be available upon written request and payment of the required fee.

(d) All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

Section 75. Investigations; notice; hearing.

(a) The Department may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license under this Act.

(b) The Department shall, before disciplining an applicant or licensee, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the applicant or licensee that failure to answer shall result in a default being entered against the applicant or licensee.

(c) At the time and place fixed in the notice, the Board or hearing officer appointed by the Secretary shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Board or hearing officer may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status, or be subject to any disciplinary action the Secretary considers proper, including, but not limited to, limiting the scope, nature, or extent of the person's practice or the imposition of a fine without hearing if the act or acts charged constitute sufficient grounds for that action under this Act.

(d) The written notice and any notice in the subsequent proceeding may be served by regular or certified mail to the applicant's or licensee's address of record.

(e) Notwithstanding any other provision of this Act, the Secretary shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue, renew or discipline a license. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board and the Secretary.

Section 80. Record of proceedings; transcript.

(a) The Department, at its expense, shall preserve a record of all proceedings at any formal hearing of any case. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board, and the orders of the Department shall be the record of the proceedings. The Department shall furnish a copy of the record to any person upon payment of the fee required under Section 2105-115 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(b) The Board or the hearing officer appointed by the Secretary shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations.

(c) At the conclusion of the hearing, a copy of the Board or hearing officer's report shall be served to the applicant or licensee by the Department, either personally or as provided in this Act for the service of a notice of hearing. Within 20 calendar days after service, the applicant or licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for rehearing is filed, then after the expiration of the time specified for filing such motion, or upon denial of a motion for rehearing, the Secretary may enter an order in accordance with the recommendation of the Board or hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

(d) If the Secretary disagrees in any regard with the report of the Board, the Secretary may issue an order contrary to the report.

(e) If the Secretary is not satisfied that substantial justice has been done, the Secretary may order a rehearing by the same or another hearing officer.

(f) At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon the signature of the Secretary.

(g) Any fine imposed shall be payable within 60 days after the effective date of the order imposing the fine.

Section 85. Administrative review.

(a) All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.

Section 90. Certification of record. The Department shall not be required to certify any record to the court, file any answer in court, or otherwise appear in any judicial review proceedings, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

Section 95. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including, but not limited to, original licensure, registration, renewal, and restoration. The fees shall be nonrefundable.

All fees, fines, and penalties collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act.

Section 900. The Regulatory Sunset Act is amended by adding Section 4.40 as follows:

(5 ILCS 80/4.40 new)

Sec. 4.40. Act repealed on January 1, 2030. The following Act is repealed on January 1, 2030:

The Behavior Analyst Licensing Act.

Section 999. Effective date. This Act takes effect upon becoming law.