Full Text of HB5344 103rd General Assembly
HB5344sam001 103RD GENERAL ASSEMBLY | Sen. Paul Faraci Filed: 5/10/2024 | | 10300HB5344sam001 | | LRB103 38353 RTM 73113 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5344
| 2 | | AMENDMENT NO. ______. Amend House Bill 5344 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Behavior Analyst Licensing Act is amended | 5 | | by changing Section 20 and 150 as follows: | 6 | | (225 ILCS 6/20) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 20. License required; exemptions. | 9 | | (a) Beginning 10 months after the adoption of the rules | 10 | | required under subsection (b) of Section 80 30 months after | 11 | | the effective date of this Act , an individual shall not engage | 12 | | in the practice of applied behavior analysis unless licensed | 13 | | under this Act or covered by an exemption under subsection | 14 | | (c). | 15 | | (a-5) An individual licensed under this Act as an | 16 | | assistant behavior analyst shall not engage in the practice of |
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| 1 | | applied behavior analysis unless supervised by a licensed | 2 | | clinical psychologist or licensed behavior analyst. | 3 | | (b) Beginning 10 months after the adoption of the rules | 4 | | required under subsection (b) of Section 80 30 months after | 5 | | the effective date of this Act , an individual shall not use the | 6 | | title "licensed behavior analyst", "L.B.A.", "licensed | 7 | | assistant behavior analyst", "L.A.B.A.", or similar words or | 8 | | letters indicating the individual is licensed as a behavior | 9 | | analyst or assistant behavior analyst unless the individual is | 10 | | actually licensed under this Act. | 11 | | (c) This Act does not prohibit any of the following: | 12 | | (1) Self-care by a patient or uncompensated care by a | 13 | | friend or family member who does not represent or hold | 14 | | oneself out to be a behavior analyst or assistant behavior | 15 | | analyst. | 16 | | (2) An individual from implementing a behavior | 17 | | analytic treatment plan under the extended authority, | 18 | | direction, and supervision of a licensed behavior analyst | 19 | | or licensed assistant behavior analyst. | 20 | | (3) A clinical psychologist, social worker, | 21 | | psychiatric nurse, speech-language pathologist, | 22 | | audiologist, professional counselor, clinical | 23 | | professional counselor, clinical social worker, or | 24 | | marriage and family therapist from performing or | 25 | | advertising activities that are considered to be the | 26 | | practice of applied behavior analysis under this Act if |
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| 1 | | the activities are consistent with the laws of this State, | 2 | | the individual's training, and any code of ethics of the | 3 | | individual's respective professions, so long as the | 4 | | individual does not use the titles provided in subsection | 5 | | (b). | 6 | | (4) An individual from performing activities that are | 7 | | considered to be the practice of applied behavior analysis | 8 | | under this Act if the activities are with nonhumans, | 9 | | including applied animal behaviorists and animal trainers. | 10 | | The individual may use the title "behavior analyst" but | 11 | | shall not represent oneself as a licensed behavior analyst | 12 | | or licensed assistant behavior analyst unless the | 13 | | individual holds a license issued by the State. | 14 | | (5) An individual who provides general applied | 15 | | behavior analysis services to organizations, so long as | 16 | | the services are for the benefit of the organizations and | 17 | | do not involve direct services to individuals. The | 18 | | individual may use the title "behavior analyst" but may | 19 | | not represent oneself as a licensed behavior analyst or | 20 | | licensed assistant behavior analyst unless the individual | 21 | | holds a license issued by the State. | 22 | | (6) An individual who is a matriculated student at a | 23 | | nationally accredited university approved in rules or a | 24 | | postdoctoral fellow from performing activities that are | 25 | | considered to be the practice of applied behavior analysis | 26 | | under this Act if the activities are part of a defined |
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| 1 | | program of study, course, practicum, internship, or | 2 | | postdoctoral fellowship, provided that the applied | 3 | | behavior analysis activities are directly supervised by a | 4 | | licensed behavior analyst under this Act or a licensed | 5 | | clinical psychologist. | 6 | | (7) An individual who is not licensed under this Act | 7 | | from pursuing field experience in the practice of behavior | 8 | | analysis if the experience is supervised by a licensed | 9 | | behavior analyst or a licensed psychologist. | 10 | | (8) An individual with a learning behavior specialist | 11 | | or school support personnel endorsement from the State | 12 | | Board of Education, the school district in which the | 13 | | school is located, or a special education joint agreement | 14 | | serving the school district in which the school is located | 15 | | from delivering behavior analytic services in a school | 16 | | setting when employed by that school as long as those | 17 | | services are defined in the scope of practice for that | 18 | | endorsement and that person is not in any manner held out | 19 | | to the public as a licensed behavior analyst or licensed | 20 | | assistant behavior analyst. | 21 | | (9) A qualified intellectual disabilities | 22 | | professional, meeting the minimum federal education | 23 | | requirements outlined in 42 CFR 483.430, who is performing | 24 | | the duties required for individuals with intellectual or | 25 | | developmental disabilities in programs and facilities | 26 | | regulated by the federal Centers for Medicare and Medicaid |
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| 1 | | Services, the Department of Human Services, or the | 2 | | Department of Public Health, so long as the individual | 3 | | does not use the titles provided in subsection (b). | 4 | | (10) A service provider, designated by the Department | 5 | | of Human Services, from providing behavior intervention | 6 | | and treatment, so long as the individual does not use the | 7 | | titles provided in subsection (b). | 8 | | (d) This Act does not apply to an individual who, on the | 9 | | effective date of this Act, is engaging in the practice of | 10 | | applied behavior analysis under the medical assistance program | 11 | | under the Illinois Public Aid Code while that individual is | 12 | | seeking the education, training, and experience necessary to | 13 | | obtain a license under this Act. | 14 | | (e) No licensed behavior analyst or licensed assistant | 15 | | behavior analyst shall engage in the practice of | 16 | | speech-language pathology or the practice of audiology, as | 17 | | defined in the Illinois Speech-Language Pathology and | 18 | | Audiology Practice Act, unless licensed to do so under that | 19 | | Act. | 20 | | (Source: P.A. 102-953, eff. 5-27-22.) | 21 | | (225 ILCS 6/150) | 22 | | (Section scheduled to be repealed on January 1, 2028) | 23 | | Sec. 150. License restrictions and limitations. | 24 | | Notwithstanding the exclusion in paragraph (2) of subsection | 25 | | (c) of Section 20 that permits an individual to implement a |
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| 1 | | behavior analytic treatment plan under the extended authority, | 2 | | direction, and supervision of a licensed behavior analyst or | 3 | | licensed assistant behavior analyst, beginning 24 months after | 4 | | the Department has commenced issuance of licenses under this | 5 | | Act, no business organization shall provide, attempt to | 6 | | provide, or offer to provide behavior analysis services unless | 7 | | every member, partner, shareholder, director, officer, holder | 8 | | of any other ownership interest, agent, and employee who | 9 | | renders applied behavior analysis services holds a currently | 10 | | valid license issued under this Act. No business shall be | 11 | | created that (i) has a stated purpose that includes behavior | 12 | | analysis, or (ii) practices or holds itself out as available | 13 | | to practice behavior analysis therapy, unless it is organized | 14 | | under the Professional Service Corporation Act or Professional | 15 | | Limited Liability Company Act. Nothing in this Act shall | 16 | | preclude individuals licensed under this Act from practicing | 17 | | directly or indirectly for a physician licensed to practice | 18 | | medicine in all its branches under the Medical Practice Act of | 19 | | 1987 or for any legal entity as provided under subsection (c) | 20 | | of Section 22.2 of the Medical Practice Act of 1987. | 21 | | (Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-23.) | 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.". |
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