HB4769 102ND GENERAL ASSEMBLY

LRB102 23872 AMC 33065 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4769

Introduced 1/27/2022, by Rep. Deb Conroy

SYNOPSIS AS INTRODUCED:

New Act
305 ILCS 5/5-30.11

Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts, assistant behavior analysts, and behavior technicians by the Department of Financial and Professional Regulation. Contains provisions concerning licensure requirements, qualifications, the Board of Behavior Analysts, provisional licenses, and rules. Amends the Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when ordered by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately.

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, and to protect the public from unprofessional conduct by persons licensed to practice applied behavior analysis.

Section 10. Definitions. As used in this Act:

"Applied behavior analysis" means the design, implementation, and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relations between environment and behavior. "Applied behavior analysis" does not include:

(1) the practice of medicine, the practice of osteopathic medicine and surgery, or medical diagnosis or treatment;

(2) the practice of speech-language pathology;

(3) the practice of physical therapy;

(4) the practice of occupational therapy;

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

(6) diagnosis of a mental or physical disorder; or

(7) the practice of neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, or counseling as treatment modalities.

"Assistant behavior analyst" means an individual licensed under this Act to engage in practice as an assistant behavior analyst.

"Behavior analyst" means an individual licensed under this Act to engage in the practice of applied behavior analysis.

"Behavior technician" means a noncredentialed individual who delivers applied behavior analysis services under the delegation and supervision of a behavior analyst.

"Behavioral health treatment" means evidence-based counseling and treatment programs, including applied behavior analysis, that are: (i) necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of an individual; and (ii) provided or supervised by a board-certified behavior analyst or a licensed psychologist so long as the services performed are commensurate with the psychologist's formal university training and supervised experience.

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

"Practice as an assistant behavior analyst" means the practice of applied behavior analysis under the supervision of a behavior analyst.

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

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

Section 15. License required.

(a) Beginning one year after the effective date of rules adopted by the Department to implement this Act, an individual shall not engage in the practice of applied behavior analysis or practice as an assistant behavior analyst unless licensed under this Act.

(b) Beginning one year after the effective date of rules adopted by the Department to implement this Act, an individual shall not use the titles "behavior analyst", "B.A.", "licensed behavior analyst", "L.B.A.", "assistant behavior analyst", "A.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", or similar words or letters that indicate that he or she is licensed as a behavior analyst or assistant behavior analyst unless the individual is 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) A behavior technician or a family member from implementing a plan under the extended authority, direction, and, if applicable, supervision of a 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 licensee'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) of this Section.

(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 nonhuman or nonpatient clients or consumers, including, but not limited to, applied animal behaviorists and practitioners of organizational behavior management.

(5) An individual who is a matriculated student at a nationally accredited university approved in rules or who is 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 behavior analysis program of study or practicum approved by Department rule and if the student or fellow is directly supervised by an individual who is: (A) licensed as a behavior analyst under this Act; or (B) appointed as the instructor of a course sequence approved by the Behavior Analyst Certification Board or other certification board.

(6) An individual who is not licensed under this Act from pursuing experience requirements for applied behavior analysis credentials if the experience is supervised by an individual who is licensed as a behavioral analyst.

(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 under the medical assistance program under the Illinois Public Aid Code while that individual is seeking the education, training, and experience necessary to obtain a license under this Act and only while the individual is providing applied behavior analysis to children in the provision of home and community-based services.

(e) The Department may issue a provisional license to an applicant for a behavior analyst license or assistant behavior analyst license upon receipt of a complete application, submission of the required fee, and a showing of valid licensure as a behavior analyst or assistant behavior analyst in another state, only if the applicant has submitted fingerprints and has no disqualifying criminal history.

(1) The Department shall, in accordance with rules adopted, issue a provisional behavior analyst license or a provisional assistant behavior analyst license upon receipt by the Department of a complete application, appropriate fee as set by the Department by rule, and proof of satisfaction of requirements under paragraphs (2) and (3) of this subsection, respectively, and other requirements established by the Department by rule, except that applicants for a provisional license as either a behavior analyst or assistant behavior analyst need not have passed an examination and been certified as a board-certified behavior analyst or a board-certified assistant behavior analyst to obtain a provisional behavior analyst or provisional assistant behavior analyst license.

(2) A provisional license issued under this subsection shall only authorize and permit the licensee to render behavior analysis under the supervision and the full professional responsibility and control of such licensee's licensed supervisor.

(3) A provisional license shall automatically terminate upon issuance of a permanent license, upon a finding of cause to discipline after notice, upon termination of supervision by a licensed supervisor, or upon the expiration of one year from the date of issuance of the provisional license, whichever first occurs. The provisional license may be renewed after one year, with a maximum issuance of 2 years. Upon a showing of good cause, the Department, by rule, shall provide procedures for exceptions and variances from the requirement of a maximum issuance of 2 years.

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

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

Section 30. Board of Behavior Analysts. The Board of Behavior Analysts is created within the Department of Financial and Professional Regulation. The Board shall consist of the following members appointed by the Secretary:

(1) 4 behavior analysts, 3 of whom provide clinical services;

(2) one individual who is affiliated with a public university in this State as an instructor or researcher in applied behavior analysis;

(3) one assistant behavior analyst;

(4) one physician licensed to practice medicine in all its branches who works with patients with autism spectrum disorders or brain injuries; and

(5) 2 public members.

The initial members of the Board who are behavior analysts must be certified as behavior analysts by the Behavior Analyst Certification Board and the initial member of the Board who is an assistant behavior analyst must be certified as an assistant behavior analyst by the Behavior Analyst Certification Board. Board members shall serve for a term of 4 years, except that, of the initial appointments, 3 members shall serve for a term of 2 years, 3 members shall serve for a term of 3 years, and 3 members shall serve for a term of 4 years.

Section 35. Rules; minimum standards for licensure; renewal. Within one year after the effective date of this Act, the Department, in consultation with the Board of Behavior Analysts, shall adopt rules that establish the minimum standards for licensure as a behavior analyst and an assistant behavior analyst. For purposes of this Section, the Department may adopt in its rules the professional standards, in whole or in part, adopted by the Behavior Analyst Certification Board as its standards. Until rules are adopted under this Section, the Department shall use the standards adopted by the Behavior Analyst Certification Board that are in effect on the effective date of this Act. The Department shall include in its rules adopted under this Act that an application for a license under this Act will be denied if the applicant's criminal history records check reveals that he or she was convicted of a sex offense and that a licensee's license will be permanently revoked if he or she is convicted of a sex offense while licensed under this Act. The Department may include in its rules adopted under this Act a requirement that a licensee seeking to renew his or her license must furnish evidence that he or she is current on his or her certification by the Behavior Analyst Certification Board. In addition, the Department may require by rule that an assistant behavior analyst furnish evidence that he or she is practicing under the supervision of a licensed behavior analyst.

Section 40. Behavior technicians. An individual shall not act as a behavior technician in this State unless he or she has had a criminal history records check conducted by the Department and the criminal history records check does not reveal any criminal history record information for that individual. Each applicant for licensure as a behavior technician shall have his or her fingerprints submitted to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be electronically transmitted through a live scan fingerprint vendor licensed by the Department. These fingerprints shall be checked against the Illinois State Police and the Federal Bureau of Investigation criminal history record information database now and hereafter filed. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the Illinois and national criminal history record check. The Illinois State Police shall furnish, pursuant to positive identification, records of all Illinois convictions to the Department. A behavior technician shall not use the words, titles, or letters indicating that he or she is a behavior analyst or an assistant behavior analyst or that he or she is engaging in the practice of applied behavior analysis. A behavior technician shall use a title that indicates his or her noncredentialed status, including "Behavior Technician", "ABA Technician", or "Tutor".

Section 90. The Illinois Public Aid Code is amended by changing Section 5-30.11 as follows:

(305 ILCS 5/5-30.11)

Sec. 5-30.11. Treatment of autism spectrum disorder. Treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program under this Article for children with a diagnosis of autism spectrum disorder when ordered by: (1) a physician licensed to practice medicine in all its branches and rendered by a licensed or certified health care professional with expertise in applied behavior analysis; or (2) a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Such coverage may be limited to age ranges based on evidence-based best practices. Appropriate State plan amendments as well as rules regarding provision of services and providers will be submitted by September 1, 2019.

(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

Section 99. Effective date. This Act takes effect upon becoming law.