Full Text of HB4769 102nd General Assembly
HB4769enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Behavior Analyst Licensing Act. | 6 | | Section 5. Public policy. The practice of applied behavior | 7 | | analysis is declared to affect public health, safety, and | 8 | | welfare and is subject to regulation in the public interest. | 9 | | The purpose of this Act is to protect and benefit the public by | 10 | | setting standards of qualifications, education, training, and | 11 | | experience for those who seek to obtain a license and hold the | 12 | | title of "licensed behavior analyst" or "licensed assistant | 13 | | behavior analyst", to promote high standards of professional | 14 | | performance for those licensed to practice applied behavior | 15 | | analysis in the State, to protect the public from the practice | 16 | | of applied behavior analysis by unqualified persons and from | 17 | | unprofessional conduct by persons licensed to practice applied | 18 | | behavior analysis. | 19 | | Section 10. Definitions. As used in this Act: | 20 | | "Address of record" means the designated address recorded | 21 | | by the Department in the applicant's or licensee's application | 22 | | file or license file as maintained by the Department's |
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| 1 | | licensure maintenance unit. | 2 | | "Board" means the Advisory Board of Behavior Analysts | 3 | | appointed by the Secretary. | 4 | | "Department" means the Department of Financial and | 5 | | Professional Regulation. | 6 | | "Email address of record" means the designated email | 7 | | address recorded by the Department in the applicant's | 8 | | application file or the licensee's license file as maintained | 9 | | by the Department's licensure maintenance unit. | 10 | | "Licensed assistant behavior analyst" means an individual | 11 | | licensed under this Act to engage in practice as an assistant | 12 | | behavior analyst under the supervision of a licensed behavior | 13 | | analyst or a licensed clinical psychologist. | 14 | | "Licensed behavior analyst" means an individual licensed | 15 | | to engage in the practice of applied behavior analysis. | 16 | | "Practice of applied behavior analysis" means the design, | 17 | | implementation, and evaluation of instructional and | 18 | | environmental modifications to produce socially significant | 19 | | improvement in human behavior. "Practice of applied behavior | 20 | | analysis" includes the empirical identification of functional | 21 | | relations between behavior environmental factors, known as | 22 | | functional assessment and analysis. Applied behavior analysis | 23 | | interventions are based on scientific research and the direct | 24 | | observation and measurement of behavior and environment. | 25 | | Applied behavior analysis interventions utilize contextual | 26 | | factors, motivating operations, antecedent stimuli, positive |
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| 1 | | reinforcement, and other procedures to help individuals | 2 | | develop new behaviors, increase or decrease existing | 3 | | behaviors, and elicit behaviors under specific environmental | 4 | | conditions. The practice of applied behavior analysis excludes | 5 | | the diagnosis of disorders, psychological testing, | 6 | | psychotherapy, cognitive therapy, psychoanalysis, and | 7 | | counseling. | 8 | | "Secretary" means the Secretary of Financial and | 9 | | Professional Regulation. | 10 | | Section 15. Address of record; email address of record. | 11 | | All applicants and licensees shall: | 12 | | (1) provide a valid address and email address to the | 13 | | Department, which shall serve as the address of record and | 14 | | email address of record, respectively, at the time of | 15 | | application for licensure or renewal of a license; and | 16 | | (2) inform the Department of any change of address of | 17 | | record or email address of record within 14 days after the | 18 | | change, either through the Department's website or by | 19 | | contacting the Department's licensure maintenance unit. | 20 | | Section 20. License required; exemptions. | 21 | | (a) Beginning 30 months after the effective date of this | 22 | | Act, an individual shall not engage in the practice of applied | 23 | | behavior analysis unless licensed under this Act or covered by | 24 | | an exemption under subsection (c). |
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| 1 | | (a-5) An individual licensed under this Act as an | 2 | | assistant behavior analyst shall not engage in the practice of | 3 | | applied behavior analysis unless supervised by a licensed | 4 | | clinical psychologist or licensed behavior analyst. | 5 | | (b) Beginning 30 months after the effective date of this | 6 | | Act, an individual shall not use the title "licensed behavior | 7 | | analyst", "L.B.A.", "licensed assistant behavior analyst", | 8 | | "L.A.B.A.", or similar words or letters indicating the | 9 | | individual is licensed as a behavior analyst or assistant | 10 | | behavior analyst unless the individual is actually licensed | 11 | | under this Act. | 12 | | (c) This Act does not prohibit any of the following: | 13 | | (1) Self-care by a patient or uncompensated care by a | 14 | | friend or family member who does not represent or hold | 15 | | oneself out to be a behavior analyst or assistant behavior | 16 | | analyst. | 17 | | (2) An individual from implementing a behavior | 18 | | analytic treatment plan under the extended authority, | 19 | | direction, and supervision of a licensed behavior analyst | 20 | | or licensed assistant behavior analyst. | 21 | | (3) A clinical psychologist, social worker, | 22 | | psychiatric nurse, speech-language pathologist, | 23 | | audiologist, professional counselor, clinical | 24 | | professional counselor, clinical social worker, or | 25 | | marriage and family therapist from performing or | 26 | | advertising activities that are considered to be the |
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| 1 | | practice of applied behavior analysis under this Act if | 2 | | the activities are consistent with the laws of this State, | 3 | | the individual's training, and any code of ethics of the | 4 | | individual's respective professions, so long as the | 5 | | individual does not use the titles provided in subsection | 6 | | (b). | 7 | | (4) An individual from performing activities that are | 8 | | considered to be the practice of applied behavior analysis | 9 | | under this Act if the activities are with nonhumans, | 10 | | including applied animal behaviorists and animal trainers. | 11 | | The individual may use the title "behavior analyst" but | 12 | | shall not represent oneself as a licensed behavior analyst | 13 | | or licensed assistant behavior analyst unless the | 14 | | individual holds a license issued by the State. | 15 | | (5) An individual who provides general applied | 16 | | behavior analysis services to organizations, so long as | 17 | | the services are for the benefit of the organizations and | 18 | | do not involve direct services to individuals. The | 19 | | individual may use the title "behavior analyst" but may | 20 | | not represent oneself as a licensed behavior analyst or | 21 | | licensed assistant behavior analyst unless the individual | 22 | | holds a license issued by the State. | 23 | | (6) An individual who is a matriculated student at a | 24 | | nationally accredited university approved in rules or a | 25 | | postdoctoral fellow from performing activities that are | 26 | | considered to be the practice of applied behavior analysis |
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| 1 | | under this Act if the activities are part of a defined | 2 | | program of study, course, practicum, internship, or | 3 | | postdoctoral fellowship, provided that the applied | 4 | | behavior analysis activities are directly supervised by a | 5 | | licensed behavior analyst under this Act or a licensed | 6 | | clinical psychologist. | 7 | | (7) An individual who is not licensed under this Act | 8 | | from pursuing field experience in the practice of behavior | 9 | | analysis if the experience is supervised by a licensed | 10 | | behavior analyst or a licensed psychologist. | 11 | | (8) An individual with a learning behavior specialist | 12 | | or school support personnel endorsement from the State | 13 | | Board of Education, the school district in which the | 14 | | school is located, or a special education joint agreement | 15 | | serving the school district in which the school is located | 16 | | from delivering behavior analytic services in a school | 17 | | setting when employed by that school as long as those | 18 | | services are defined in the scope of practice for that | 19 | | endorsement and that person is not in any manner held out | 20 | | to the public as a licensed behavior analyst or licensed | 21 | | assistant behavior analyst. | 22 | | (9) A qualified intellectual disabilities | 23 | | professional, meeting the minimum federal education | 24 | | requirements outlined in 42 CFR 483.430, who is performing | 25 | | the duties required for individuals with intellectual or | 26 | | developmental disabilities in programs and facilities |
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| 1 | | regulated by the federal Centers for Medicare and Medicaid | 2 | | Services, the Department of Human Services, or the | 3 | | Department of Public Health, so long as the individual | 4 | | does not use the titles provided in subsection (b). | 5 | | (10) A service provider, designated by the Department | 6 | | of Human Services, from providing behavior intervention | 7 | | and treatment, so long as the individual does not use the | 8 | | titles provided in subsection (b). | 9 | | (d) This Act does not apply to an individual who, on the | 10 | | effective date of this Act, is engaging in the practice of | 11 | | applied behavior analysis under the medical assistance program | 12 | | under the Illinois Public Aid Code while that individual is | 13 | | seeking the education, training, and experience necessary to | 14 | | obtain a license under this Act. | 15 | | (e) No licensed behavior analyst or licensed assistant | 16 | | behavior analyst shall engage in the practice of | 17 | | speech-language pathology or the practice of audiology, as | 18 | | defined in the Illinois Speech-Language Pathology and | 19 | | Audiology Practice Act, unless licensed to do so under that | 20 | | Act. | 21 | | Section 25. Applications for original license. An | 22 | | application for original licenses shall be made to the | 23 | | Department on forms or electronically as prescribed by the | 24 | | Department and accompanied by the required fee, which shall | 25 | | not be refundable. All applications shall contain information |
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| 1 | | which, in the judgment of the Department, will enable the | 2 | | Department to pass on the qualifications of the applicant for | 3 | | a license as a licensed behavior analyst or licensed assistant | 4 | | behavior analyst. | 5 | | A license to practice shall not be denied to an applicant | 6 | | because of the applicant's race, religion, creed, national | 7 | | origin, political beliefs or activities, age, sex, sexual | 8 | | orientation, or physical disability that does not affect a | 9 | | person's ability to practice with reasonable judgment, skill, | 10 | | or safety. | 11 | | For a person who has successfully completed a graduate | 12 | | degree from a nationally or regionally accredited university | 13 | | approved by the Department and can demonstrate that the person | 14 | | has passed a competency examination authorized by the | 15 | | Department before the effective date of this Act, the | 16 | | Department may allow that person to apply for licensure under | 17 | | the terms of this Act beginning 20 months after the effective | 18 | | date of this Act. | 19 | | An applicant has 3 years after the date of application to | 20 | | complete the application process. If the process has not been | 21 | | completed in 3 years, the application shall be denied, the fee | 22 | | shall be forfeited, and the applicant must reapply and meet | 23 | | the requirements in effect at the time of reapplication. | 24 | | Section 30. Qualifications for behavior analyst license. | 25 | | (a) A person qualifies to be licensed as a behavior |
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| 1 | | analyst if that person: | 2 | | (1) has applied in writing or electronically on forms | 3 | | prescribed by the Department; | 4 | | (2) is a graduate of a graduate level program in the | 5 | | field of behavior analysis from a regionally accredited | 6 | | university approved by the Department; | 7 | | (3) has completed at least 500 hours of supervision of | 8 | | behavior analysis, as defined by rule; | 9 | | (4) has qualified for and passed the examination for | 10 | | the practice of behavior analysis as authorized by the | 11 | | Department; and | 12 | | (5) has paid the required fees. | 13 | | (b) The Department may issue a license to a certified | 14 | | behavior analyst seeking licensure as a licensed behavior | 15 | | analyst
who (i) does not have the supervised experience as | 16 | | described in paragraph (3) of subsection (a), (ii) applies for | 17 | | licensure before July 1, 2028, and (iii) has completed all of | 18 | | the following: | 19 | | (1) has applied in writing or electronically on forms | 20 | | prescribed by the Department; | 21 | | (2) is a graduate of a graduate level program in the | 22 | | field of behavior analysis from a regionally accredited | 23 | | university approved by the Department; | 24 | | (3) submits evidence of certification by an | 25 | | appropriate national certifying body as determined by rule | 26 | | of the Department; |
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| 1 | | (4) has passed the examination for the practice of | 2 | | behavior analysis as authorized by the Department; and | 3 | | (5) has paid the required fees. | 4 | | (c) An applicant has 3 years after the date of application | 5 | | to complete the application process. If the process has not | 6 | | been completed in 3 years, the application shall be denied, | 7 | | the fee shall be forfeited, and the applicant must reapply and | 8 | | meet the requirements in effect at the time of reapplication. | 9 | | (d) Each applicant for licensure as an behavior analyst | 10 | | shall have his or her fingerprints submitted to the Illinois | 11 | | State Police in an electronic format that complies with the | 12 | | form and manner for requesting and furnishing criminal history | 13 | | record information as prescribed by the Illinois State Police. | 14 | | These fingerprints shall be transmitted through a live scan | 15 | | fingerprint vendor licensed by the Department. These | 16 | | fingerprints shall be checked against the Illinois State | 17 | | Police and Federal Bureau of Investigation criminal history | 18 | | record databases now and hereafter filed, including, but not | 19 | | limited to, civil, criminal, and latent fingerprint databases. | 20 | | The Illinois State Police shall charge a fee for conducting | 21 | | the criminal history records check, which shall be deposited | 22 | | in the State Police Services Fund and shall not exceed the | 23 | | actual cost of the records check. The Illinois State Police | 24 | | shall furnish, pursuant to positive identification, records of | 25 | | Illinois convictions as prescribed under the Illinois Uniform | 26 | | Conviction Information Act and shall forward the national |
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| 1 | | criminal history record information to the Department. | 2 | | Section 35. Qualifications for assistant behavior analyst | 3 | | license. | 4 | | (a) A person qualifies to be licensed as an assistant | 5 | | behavior analyst if that person: | 6 | | (1) has applied in writing or electronically on forms | 7 | | prescribed by the Department; | 8 | | (2) is a graduate of a bachelor's level program in the | 9 | | field of behavior analysis from a regionally accredited | 10 | | university approved by the Department; | 11 | | (3) has met the supervised work experience; | 12 | | (4) has qualified for and passed the examination for | 13 | | the practice of behavior analysis as a licensed assistant | 14 | | behavior analyst as authorized by the Department; and | 15 | | (5) has paid the required fees. | 16 | | (b) The Department may issue a license to a certified | 17 | | assistant behavior analyst seeking licensure as a licensed | 18 | | assistant behavior analyst who (i) does not have the | 19 | | supervised experience as described in paragraph (3) of | 20 | | subsection (a), (ii) applies for licensure before July 1, | 21 | | 2028, and (iii) has completed all of the following: | 22 | | (1) has applied in writing or electronically on forms | 23 | | prescribed by the Department; | 24 | | (2) is a graduate of a bachelors level program in the | 25 | | field of behavior analysis; |
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| 1 | | (3) submits evidence of certification by an | 2 | | appropriate national certifying body as determined by rule | 3 | | of the Department; | 4 | | (4) has passed the examination for the practice of | 5 | | behavior analysis as authorized by the Department; and | 6 | | (5) has paid the required fees. | 7 | | (c) An applicant has 3 years after the date of application | 8 | | to complete the application process. If the process has not | 9 | | been completed in 3 years, the application shall be denied, | 10 | | the fee shall be forfeited, and the applicant must reapply and | 11 | | meet the requirements in effect at the time of reapplication. | 12 | | (d) Each applicant for licensure as an assistant behavior | 13 | | analyst shall have his or her fingerprints submitted to the | 14 | | Illinois State Police in an electronic format that complies | 15 | | with the form and manner for requesting and furnishing | 16 | | criminal history record information as prescribed by the | 17 | | Illinois State Police. These fingerprints shall be transmitted | 18 | | through a live scan fingerprint vendor licensed by the | 19 | | Department. These fingerprints shall be checked against the | 20 | | Illinois State Police and Federal Bureau of Investigation | 21 | | criminal history record databases now and hereafter filed, | 22 | | including, but not limited to, civil, criminal, and latent | 23 | | fingerprint databases. The Illinois State Police shall charge | 24 | | a fee for conducting the criminal history records check, which | 25 | | shall be deposited in the State Police Services Fund and shall | 26 | | not exceed the actual cost of the records check. The Illinois |
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| 1 | | State Police shall furnish, pursuant to positive | 2 | | identification, records of Illinois convictions as prescribed | 3 | | under the Illinois Uniform Conviction Information Act and | 4 | | shall forward the national criminal history record information | 5 | | to the Department. | 6 | | Section 40. Endorsement. The Department may issue a | 7 | | license as a behavior analyst or assistant behavior analyst to | 8 | | an applicant licensed under the laws of another jurisdiction | 9 | | if the requirements for licensure in that jurisdiction are, on | 10 | | the date of licensure, substantially equivalent to the | 11 | | requirements of this Act or to any person who, at the time of | 12 | | the applicant's licensure, possessed individual qualifications | 13 | | that were substantially equivalent to the requirements then in | 14 | | force in this State. | 15 | | An applicant under this Section shall pay the required | 16 | | fees. An individual applying for licensure as a licensed | 17 | | behavior analyst or assistant behavior analyst who has been | 18 | | licensed in another United States jurisdiction for 10 | 19 | | consecutive years without discipline is not required to submit | 20 | | proof of completion of the education, professional experience, | 21 | | and supervision required in Section 25 or 30. | 22 | | An individual with 10 consecutive years of experience must | 23 | | submit certified verification of licensure from the | 24 | | jurisdiction in which the applicant practiced and must comply | 25 | | with all other licensing requirements and pay all required |
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| 1 | | fees. If the accuracy of any submitted documentation or the | 2 | | relevance or sufficiency of the coursework or experience is | 3 | | questioned by the Department or the Board because of a lack of | 4 | | information, discrepancies or conflicts in information given, | 5 | | or a need for clarification, the applicant seeking licensure | 6 | | may be required to provide additional information. | 7 | | An applicant has 3 years after the date of application to | 8 | | complete the application process. If the process has not been | 9 | | completed in 3 years, the application shall be denied, the fee | 10 | | shall be forfeited, and the applicant must reapply and meet | 11 | | the requirements in effect at the time of reapplication. | 12 | | Section 45. Behavior Analyst Licensing and Disciplinary | 13 | | Board. | 14 | | (a) The Secretary shall appoint a Behavior Analyst | 15 | | Licensing and Disciplinary Board consisting of 5 persons who | 16 | | shall serve in an advisory capacity to the Secretary. The | 17 | | Board shall consist of the following 5 members appointed by | 18 | | the Secretary: one licensed behavior analyst holding a | 19 | | doctoral degree, one licensed assistant behavior analyst, 2 | 20 | | licensed behavior analysts, and one public member. The Board | 21 | | shall serve in an advisory capacity. | 22 | | (b) Members shall be appointed for and shall serve 4-year | 23 | | terms and until the members' successors are appointed and | 24 | | qualified. No member of the Board shall serve more than 2 full | 25 | | consecutive 4-year terms. Any appointment to fill a vacancy |
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| 1 | | shall be for the unexpired portion of the term. | 2 | | (c) The membership of the Board should represent racial | 3 | | and cultural diversity and reasonably reflect representation | 4 | | from different geographic areas of the State. | 5 | | (d) The Secretary may remove any member of the Board for | 6 | | any cause that, in the opinion of the Secretary, reasonably | 7 | | justifies termination. | 8 | | (e) The Secretary may consider the recommendation of the | 9 | | Board on all matters and questions relating to this Act, such | 10 | | as: (i) matters relating to continuing education, including | 11 | | the number of hours necessary for license renewal, waivers for | 12 | | those unable to meet such requirements, and acceptable course | 13 | | content; and (ii) rules for the administration of this Act. | 14 | | (f) The Board shall annually elect one of its members as | 15 | | chairperson and one as vice chairperson. | 16 | | (g) Members of the Board shall be reimbursed for all | 17 | | legitimate, necessary, and authorized expenses. | 18 | | (h) A majority of the Board members currently appointed | 19 | | shall constitute a quorum. A vacancy in the membership of the | 20 | | Board shall not impair the right of a quorum to perform all of | 21 | | the duties of the Board. | 22 | | (i) Members of the Board shall have no liability in an | 23 | | action based upon a disciplinary proceeding or other activity | 24 | | performed in good faith as a member of the Board. | 25 | | Section 50. Licenses; renewal; restoration; person in |
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| 1 | | military service; inactive status. | 2 | | (a) The expiration date and renewal period for each | 3 | | license issued under this Act shall be set by rule. The | 4 | | licensee may renew a license during the 60-day period | 5 | | preceding its expiration date by paying the required fee and | 6 | | by demonstrating compliance with any continuing education | 7 | | requirements. The Department shall adopt rules establishing | 8 | | minimum requirements for continuing education and means for | 9 | | verification of the completion of the continuing education | 10 | | requirements. The Department may, by rule, specify | 11 | | circumstances under which the continuing education | 12 | | requirements may be waived. | 13 | | (b) Any person who has permitted a license to expire or who | 14 | | has a license on inactive status may have it restored by | 15 | | submitting an application to the Department and filing proof | 16 | | of fitness, as defined by rule, to have the license restored, | 17 | | including, if appropriate, evidence that is satisfactory to | 18 | | the Department certifying the active practice of behavior | 19 | | analysis in another jurisdiction and by paying the required | 20 | | fee. | 21 | | (c) If the person has not maintained an active practice in | 22 | | another jurisdiction that is satisfactory to the Department, | 23 | | the Department shall determine the person's fitness to resume | 24 | | active status. The Department may also require the person to | 25 | | complete a specific period of evaluated behavior analysis | 26 | | experience and may require successful completion of an |
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| 1 | | examination. | 2 | | (d) Notwithstanding any other provision of this Act, any | 3 | | person whose license expired while on active duty with the | 4 | | armed forces of the United States, while called into service | 5 | | or training with the State Militia or in training or education | 6 | | under the supervision of the United States government prior to | 7 | | induction into the military service may have the person's | 8 | | license restored without paying any renewal fees if, within 2 | 9 | | years after the honorable termination of that service, | 10 | | training, or education, except under conditions other than | 11 | | honorable, the Department is furnished with satisfactory | 12 | | evidence that the person has been so engaged and that the | 13 | | service, training, or education has been so terminated. | 14 | | (e) The Department shall indicate on each license the | 15 | | academic degree of the licensee. | 16 | | Section 55. Suspension of license for failure to pay | 17 | | restitution. The Department, without further process or | 18 | | hearing, shall suspend the license or other authorization to | 19 | | practice of any person issued under this Act who has been | 20 | | certified by court order as not having paid restitution to a | 21 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 22 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | 23 | | the Criminal Code of 2012. A person whose license or other | 24 | | authorization to practice is suspended under this Section is | 25 | | prohibited from practicing until the restitution is made in |
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| 1 | | full. | 2 | | Section 60. Grounds for disciplinary action. | 3 | | (a) The Department may refuse to issue or renew a license, | 4 | | or may suspend, revoke, place on probation, reprimand, or take | 5 | | any other disciplinary or nondisciplinary action deemed | 6 | | appropriate by the Department, including the imposition of | 7 | | fines not to exceed $10,000 for each violation, with regard to | 8 | | any license issued under the provisions of this Act for any one | 9 | | or a combination of the following grounds: | 10 | | (1) material misstatements in furnishing information | 11 | | to the Department or to any other State agency or in | 12 | | furnishing information to any insurance company with | 13 | | respect to a claim on behalf of a licensee or a patient; | 14 | | (2) violations or negligent or intentional disregard | 15 | | of this Act or its rules; | 16 | | (3) conviction of or entry of a plea of guilty or nolo | 17 | | contendere, finding of guilt, jury verdict, or entry of | 18 | | judgment or sentencing, including, but not limited to, | 19 | | convictions, preceding sentences of supervision, | 20 | | conditional discharge, or first offender probation, under | 21 | | the laws of any jurisdiction of the United States that is | 22 | | (i) a felony or (ii) a misdemeanor, an essential element | 23 | | of which is dishonesty, or that is directly related to the | 24 | | practice of behavior analysis; | 25 | | (4) fraud or misrepresentation in applying for or |
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| 1 | | procuring a license under this Act or in connection with | 2 | | applying for renewal or restoration of a license under | 3 | | this Act; | 4 | | (5) professional incompetence; | 5 | | (6) gross negligence in practice under this Act; | 6 | | (7) aiding or assisting another person in violating | 7 | | any provision of this Act or its rules; | 8 | | (8) failing to provide information within 60 days in | 9 | | response to a written request made by the Department; | 10 | | (9) engaging in dishonorable, unethical, or | 11 | | unprofessional conduct of a character likely to deceive, | 12 | | defraud, or harm the public as defined by the rules of the | 13 | | Department or violating the rules of professional conduct | 14 | | adopted by the Department; | 15 | | (10) habitual or excessive use or abuse of drugs | 16 | | defined in law as controlled substances, of alcohol, or of | 17 | | any other substances that results in the inability to | 18 | | practice with reasonable judgment, skill, or safety; | 19 | | (11) adverse action taken by another state or | 20 | | jurisdiction if at least one of the grounds for the | 21 | | discipline is the same or substantially equivalent to | 22 | | those set forth in this Section; | 23 | | (12) directly or indirectly giving to or receiving | 24 | | from any person, firm, corporation, partnership, or | 25 | | association any fee, commission, rebate, or other form of | 26 | | compensation for any professional service not actually |
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| 1 | | rendered; nothing in this paragraph affects any bona fide | 2 | | independent contractor or employment arrangements among | 3 | | health care professionals, health facilities, health care | 4 | | providers, or other entities, except as otherwise | 5 | | prohibited by law; any employment arrangements may include | 6 | | provisions for compensation, health insurance, pension, or | 7 | | other employment benefits for the provision of services | 8 | | within the scope of the licensee's practice under this | 9 | | Act; nothing in this paragraph shall be construed to | 10 | | require an employment arrangement to receive professional | 11 | | fees for services rendered; | 12 | | (13) a finding by the Department that the licensee, | 13 | | after having the license placed on probationary status, | 14 | | has violated the terms of probation or failed to comply | 15 | | with those terms; | 16 | | (14) abandonment, without cause, of a client; | 17 | | (15) willfully making or filing false records or | 18 | | reports relating to a licensee's practice, including, but | 19 | | not limited to, false records filed with federal or State | 20 | | agencies or departments; | 21 | | (16) willfully failing to report an instance of | 22 | | suspected child abuse or neglect as required by the Abused | 23 | | and Neglected Child Reporting Act; | 24 | | (17) being named as a perpetrator in an indicated | 25 | | report by the Department of Children and Family Services | 26 | | under the Abused and Neglected Child Reporting Act, and |
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| 1 | | 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 | | (18) physical illness, mental illness, or any other | 6 | | impairment or disability, including, but not limited to, | 7 | | deterioration through the aging process, or loss of motor | 8 | | skills that results in the inability to practice the | 9 | | profession with reasonable judgment, skill, or safety; | 10 | | (19) solicitation of professional services by using | 11 | | false or misleading advertising; | 12 | | (20) violation of the Health Care Worker Self-Referral | 13 | | Act; | 14 | | (21) willfully failing to report an instance of | 15 | | suspected abuse, neglect, financial exploitation, or | 16 | | self-neglect of an eligible adult as defined in and | 17 | | required by the Adult Protective Services Act; or | 18 | | (22) being named as an abuser in a verified report by | 19 | | the Department on Aging under the Adult Protective | 20 | | Services Act, and upon proof by clear and convincing | 21 | | evidence that the licensee abused, neglected, or | 22 | | financially exploited an eligible adult as defined in the | 23 | | Adult Protective Services Act. | 24 | | (b) The determination by a court that a licensee is | 25 | | subject to involuntary admission or judicial admission as | 26 | | provided in the Mental Health and Developmental Disabilities |
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| 1 | | Code shall result in an automatic suspension of the licensee's | 2 | | license. The suspension shall end upon a finding by a court | 3 | | that the licensee is no longer subject to involuntary | 4 | | admission or judicial admission and issues an order so finding | 5 | | and discharging the patient, and upon the recommendation of | 6 | | the Board to the Secretary that the licensee be allowed to | 7 | | resume professional practice. | 8 | | (c) The Department shall refuse to issue or renew or may | 9 | | suspend the license of a person who (i) fails to file a tax | 10 | | return, pay the tax, penalty, or interest shown in a filed tax | 11 | | return, or pay any final assessment of tax, penalty, or | 12 | | interest, as required by any tax Act administered by the | 13 | | Department of Revenue, until the requirements of the tax Act | 14 | | are satisfied or (ii) has failed to pay any court-ordered | 15 | | child support as determined by a court order or by referral | 16 | | from the Department of Healthcare and Family Services. | 17 | | (d) In enforcing this Section, the Department, upon a | 18 | | showing of a possible violation, may compel a person licensed | 19 | | to practice under this Act, or who has applied for licensure | 20 | | under this Act, to submit to a mental or physical examination, | 21 | | or both, which may include a substance abuse or sexual | 22 | | offender evaluation, as required by and at the expense of the | 23 | | Department. | 24 | | (1) The Department shall specifically designate the | 25 | | examining physician licensed to practice medicine in all | 26 | | of its branches or, if applicable, the multidisciplinary |
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| 1 | | team involved in providing the mental or physical | 2 | | examination or both. The multidisciplinary team shall be | 3 | | led by a physician licensed to practice medicine in all of | 4 | | its branches and may consist of one or more or a | 5 | | combination of physicians licensed to practice medicine in | 6 | | all of its branches, licensed clinical psychologists, | 7 | | licensed clinical professional counselors, and other | 8 | | professional and administrative staff. Any examining | 9 | | physician or member of the multidisciplinary team may | 10 | | require any person ordered to submit to an examination | 11 | | pursuant to this Section to submit to any additional | 12 | | supplemental testing deemed necessary to complete any | 13 | | examination or evaluation process, including, but not | 14 | | limited to, blood testing, urinalysis, psychological | 15 | | testing, or neuropsychological testing. | 16 | | (2) The Department may order the examining physician | 17 | | or any member of the multidisciplinary team to present | 18 | | testimony concerning this mental or physical examination | 19 | | of the licensee or applicant. No information, report, | 20 | | record, or other documents in any way related to the | 21 | | examination shall be excluded by reason of any common law | 22 | | or statutory privilege relating to communications between | 23 | | the licensee or applicant and the examining physician or | 24 | | any member of the multidisciplinary team. No authorization | 25 | | is necessary from the licensee or applicant ordered to | 26 | | undergo an examination for the examining physician or any |
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| 1 | | member of the multidisciplinary team to provide | 2 | | information, reports, records, or other documents or to | 3 | | provide any testimony regarding the examination and | 4 | | evaluation. | 5 | | (3) The person to be examined may have, at the | 6 | | person's own expense, another physician of the person's | 7 | | choice present during all aspects of the examination. | 8 | | However, that physician shall be present only to observe | 9 | | and may not interfere in any way with the examination. | 10 | | (4) The failure of any person to submit to a mental or | 11 | | physical examination without reasonable cause, when | 12 | | ordered, shall result in an automatic suspension of the | 13 | | person's license until the person submits to the | 14 | | examination. | 15 | | (e) If the Department finds a person unable to practice | 16 | | because of the reasons set forth in this Section, the | 17 | | Department or Board may require that person to submit to care, | 18 | | counseling, or treatment by physicians approved or designated | 19 | | by the Department or Board, as a condition, term, or | 20 | | restriction for continued, reinstated, or renewed licensure to | 21 | | practice; or, in lieu of care, counseling, or treatment, the | 22 | | Department may file, or the Board may recommend to the | 23 | | Department to file, a complaint to immediately suspend, | 24 | | revoke, or otherwise discipline the license of the person. Any | 25 | | person whose license was granted, continued, reinstated, | 26 | | renewed, disciplined, or supervised subject to the terms, |
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| 1 | | conditions, or restrictions, and who fails to comply with the | 2 | | terms, conditions, or restrictions, shall be referred to the | 3 | | Secretary for a determination as to whether the person shall | 4 | | have the person's license suspended immediately, pending a | 5 | | hearing by the Department. | 6 | | (f) All fines imposed shall be paid within 60 days after | 7 | | the effective date of the order imposing the fine or in | 8 | | accordance with the terms set forth in the order imposing the | 9 | | fine. | 10 | | If the Secretary immediately suspends a person's license | 11 | | under this subsection, a hearing on that person's license must | 12 | | be convened by the Department within 30 days after the | 13 | | suspension and completed without appreciable delay. The | 14 | | Department and Board shall have the authority to review the | 15 | | subject person's record of treatment and counseling regarding | 16 | | the impairment, to the extent permitted by applicable federal | 17 | | statutes and regulations safeguarding the confidentiality of | 18 | | medical records. | 19 | | A person licensed under this Act and affected under this | 20 | | Section shall be afforded an opportunity to demonstrate to the | 21 | | Department or Board that the person can resume practice in | 22 | | compliance with acceptable and prevailing standards under the | 23 | | provisions of the person's license. | 24 | | Section 65. Illinois Administrative Procedure Act. The | 25 | | Illinois Administrative Procedure Act is hereby expressly |
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| 1 | | adopted and incorporated in this Act as if all of the | 2 | | provisions of the Illinois Administrative Procedure Act were | 3 | | included in this Act, except that the provision of subsection | 4 | | (d) of Section 10-65 of the Illinois Administrative Procedure | 5 | | Act is expressly excluded, which provides that at hearings the | 6 | | license holder has the right to show compliance with all | 7 | | lawful requirements for retention, continuation, or renewal of | 8 | | a license. For the purposes of this Act, the notice required | 9 | | under Section 10-25 of the Illinois Administrative Procedure | 10 | | Act is deemed sufficient when served personally upon, mailed | 11 | | to the last known address of record of, or emailed to the email | 12 | | address of record of a party. | 13 | | Section 70. Unlicensed practice; violation; civil penalty. | 14 | | (a) Any person who practices, offers to practice, attempts | 15 | | to practice, or holds oneself out to practice as a licensed | 16 | | behavior analyst or licensed assistant behavior analyst | 17 | | without being licensed or exempt under this Act shall, in | 18 | | addition to any other penalty provided by law, pay a civil | 19 | | penalty to the Department in an amount not to exceed $10,000 | 20 | | for each offense, as determined by the Department. The civil | 21 | | penalty shall be assessed by the Department after a hearing is | 22 | | held in accordance with the provisions set forth in this Act | 23 | | regarding the provision of a hearing for the discipline of a | 24 | | licensee. | 25 | | (b) The Department may investigate any actual, alleged, or |
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| 1 | | suspected unlicensed activity. | 2 | | (c) The civil penalty shall be paid within 60 days after | 3 | | the effective date of the order imposing the civil penalty. | 4 | | The order shall constitute a final judgment and may be filed | 5 | | and execution had thereon in the same manner as any judgment | 6 | | from any court of record. | 7 | | Section 75. Violations; injunction; cease and desist | 8 | | order. | 9 | | (a) If an individual violates a provision of this Act, the | 10 | | Secretary may, in the name of the People of the State of | 11 | | Illinois, through the Attorney General or the State's Attorney | 12 | | of the county in which the violation is alleged to have | 13 | | occurred, petition for an order enjoining the violation or for | 14 | | an order enforcing compliance with this Act. Upon the filing | 15 | | of a verified petition, the court with appropriate | 16 | | jurisdiction may issue a temporary restraining order without | 17 | | notice or bond, and may preliminarily and permanently enjoin | 18 | | the violation. If it is established that the individual has | 19 | | violated or is violating the injunction, the court may punish | 20 | | the offender for contempt of court. Proceedings under this | 21 | | Section are in addition to all other remedies and penalties | 22 | | provided by this Act. | 23 | | (b) If an individual holds oneself out as being a licensed | 24 | | behavior analyst or a licensed assistant behavior analyst | 25 | | under this Act and is not licensed to do so, then any licensed |
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| 1 | | behavior analyst, licensed assistant behavior analyst, | 2 | | interested party, or any person injured thereby may petition | 3 | | for relief as provided in subsection (a). | 4 | | (c) Whenever, in the opinion of the Department, an | 5 | | individual violates a provision of this Act, the Department | 6 | | may issue a rule to show cause why an order to cease and desist | 7 | | should not be entered against that person. The rule shall | 8 | | clearly set forth the grounds relied upon by the Department | 9 | | and shall allow at least 7 days from the date of the rule to | 10 | | file an answer satisfactory to the Department. Failure to | 11 | | answer to the satisfaction of the Department shall cause an | 12 | | order to cease and desist to be issued. | 13 | | Section 80. Powers and duties of the Department. | 14 | | (a) The Department shall exercise the powers and duties | 15 | | prescribed by the Civil Administrative Code of Illinois for | 16 | | the administration of licensure Acts and shall exercise other | 17 | | powers and duties necessary for effectuating the purposes of | 18 | | this Act. | 19 | | (b) The Department shall adopt rules to administer and | 20 | | enforce this Act, including, but not limited to, fees for | 21 | | original licensure and renewal and restoration of licenses, | 22 | | and may prescribe forms to be issued to implement this Act. At | 23 | | a minimum, the rules adopted by the Department shall include | 24 | | standards and criteria for licensure and for professional | 25 | | conduct and discipline. The Department may consult with the |
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| 1 | | Board in adopting rules. The Department may at any time seek | 2 | | the advice and expert knowledge of the Board on any matter | 3 | | relating to the administration of this Act. | 4 | | (c) Subject to the provisions of this Act, the Department | 5 | | shall: | 6 | | (1) Authorize examinations to ascertain the | 7 | | qualifications and fitness of applicants for licensing as | 8 | | licensed behavior analysts or licensed assistant behavior | 9 | | analysts and pass upon the qualifications of applicants | 10 | | for licensure by endorsement. | 11 | | (2) Conduct hearings or proceedings to refuse to issue | 12 | | or renew or to revoke licenses or suspend, place on | 13 | | probation, censure, or reprimand or take any other | 14 | | disciplinary or nondisciplinary action with regard to a | 15 | | person licensed under this Act. | 16 | | (3) Adopt rules required for the administration of | 17 | | this Act. | 18 | | (4) Conduct investigations related to possible | 19 | | violations of this Act, and prescribe forms to be issued | 20 | | for the administration and enforcement of this Act | 21 | | consistent with and reflecting the requirements of this | 22 | | Act and rules adopted pursuant to this Act. | 23 | | (d) All information collected by the Department in the | 24 | | course of an examination or investigation of a licensee or | 25 | | applicant, including, but not limited to, any complaint | 26 | | against a licensee filed with the Department and information |
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| 1 | | collected to investigate any complaint, shall be maintained | 2 | | for the confidential use of the Department and shall not be | 3 | | disclosed. The Department may not disclose the information to | 4 | | anyone other than law enforcement officials, other regulatory | 5 | | agencies that have an appropriate regulatory interest as | 6 | | determined by the Secretary, or to a party presenting a lawful | 7 | | subpoena to the Department. Information and documents | 8 | | disclosed to a federal, State, county, or local law | 9 | | enforcement agency shall not be disclosed by the agency for | 10 | | any purpose to any other agency or person. A formal complaint | 11 | | filed against a licensee by the Department or any order issued | 12 | | by the Department against a licensee or applicant shall be a | 13 | | public record, except as otherwise prohibited by law. | 14 | | Section 85. Investigations; notice; hearing. | 15 | | (a) The Department may investigate the actions of any | 16 | | applicant or of any person holding or claiming to hold a | 17 | | license under this Act. | 18 | | (b) The Department shall, before disciplining an applicant | 19 | | or licensee, at least 30 days prior to the date set for the | 20 | | hearing: (i) notify, in writing, the applicant or licensee of | 21 | | the charges made and the time and place for the hearing on the | 22 | | charges; (ii) direct the applicant or licensee to file a | 23 | | written answer to the charges under oath within 20 days after | 24 | | the service of the notice; and (iii) inform the applicant or | 25 | | licensee that failure to file an answer will result in a |
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| 1 | | default being entered against the applicant or licensee. | 2 | | (c) Written or electronic notice, and any notice in the | 3 | | subsequent proceeding, may be served by personal delivery, by | 4 | | email, or by mail to the applicant or licensee at the | 5 | | applicant's or licensee's address of record or email address | 6 | | of record. | 7 | | (d) At the time and place fixed in the notice, the | 8 | | Department shall proceed to hear the charges and the parties | 9 | | or the parties' counsel shall be accorded ample opportunity to | 10 | | present any statements, testimony, evidence and argument as | 11 | | may be pertinent to the charges or to the parties' defense. The | 12 | | Board may continue the hearing from time to time. | 13 | | If the person, after receiving the notice, fails to file | 14 | | an answer, the person's license may, in the discretion of the | 15 | | Secretary, having first received the recommendation of the | 16 | | Board, be suspended, revoked, or placed on probationary | 17 | | status, or be subject to whatever disciplinary action the | 18 | | Secretary considers proper, including limiting the scope, | 19 | | nature, or extent of the person's practice or the imposition | 20 | | of a fine, without hearing, if the act or acts charged | 21 | | constitute sufficient grounds for that action under this Act. | 22 | | Section 90. Subpoenas; depositions; oaths. The Department | 23 | | shall have the power to subpoena and to bring before it any | 24 | | person and to take testimony either orally or by deposition, | 25 | | or both, with the same fees and mileage and in the same manner |
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| 1 | | as prescribed in civil cases in the courts of this State.
| 2 | | The Secretary and every member of the Board shall have | 3 | | power to administer oaths to witnesses at any hearing which | 4 | | the Department is authorized to conduct, and any other oaths | 5 | | authorized in any Act administered by the Department.
| 6 | | Section 95. Compelling testimony. Any court, upon | 7 | | application of the Department, or the applicant or licensee | 8 | | against whom proceedings under Section 55 are pending, may | 9 | | enter an order requiring the attendance of witnesses and the | 10 | | witnesses' testimony, and the production of documents, papers, | 11 | | files, books and records in connection with any hearing or | 12 | | investigation. The court may compel obedience to its order by | 13 | | proceedings for contempt. | 14 | | Section 100. Record of proceedings; transcript. | 15 | | (a) The Department, at its expense, shall preserve a | 16 | | record of all proceedings at any formal hearing of any case. | 17 | | The notice of hearing, complaint and all other documents in | 18 | | the nature of pleadings and written motions filed in the | 19 | | proceedings, the transcript of testimony, the report of the | 20 | | Board, and the orders of the Department shall be the record of | 21 | | the proceedings. The Department shall furnish a copy of the | 22 | | record to any person upon payment of the fee required under | 23 | | Section 2105-115 of the Department of Professional Regulation | 24 | | Law of the Civil Administrative Code of Illinois. |
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| 1 | | (b) The Board shall hear evidence in support of the formal | 2 | | charges and evidence produced by the licensee. At the | 3 | | conclusion of the hearing, the Board shall present to the | 4 | | Secretary a written report of its findings of fact, | 5 | | conclusions of law, and recommendations. | 6 | | Section 105. Findings and recommendations. At the | 7 | | conclusion of the hearing the Board shall present to the | 8 | | Secretary a written report of its findings of fact, | 9 | | conclusions of law, and recommendations. The report shall | 10 | | contain a finding as to whether the licensee violated this Act | 11 | | or failed to comply with the conditions required in this Act. | 12 | | The Board shall specify the nature of the violation or failure | 13 | | to comply, and shall make its recommendations to the | 14 | | Secretary. | 15 | | The report of findings of fact, conclusions of law, and | 16 | | recommendations of the Board shall be the basis for the | 17 | | Department's order or refusal or for the granting of the | 18 | | license or for any disciplinary action, unless the Secretary | 19 | | determines that the Board's report is contrary to the manifest | 20 | | weight of the evidence, in which case the Secretary may issue | 21 | | an order in contravention of the Board's report. The finding | 22 | | is not admissible in evidence against the person in a criminal | 23 | | prosecution brought for the violation of this Act, but the | 24 | | hearing and finding are not a bar to a criminal prosecution | 25 | | brought for the violation of this Act. |
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| 1 | | Section 110. Motion for rehearing. At the conclusion of | 2 | | the hearing, a copy of the Board's report shall be served to | 3 | | the applicant or licensee by the Department, either personally | 4 | | or as provided in this Act for the service of a notice of | 5 | | hearing. Within 20 calendar days after service, the applicant | 6 | | or licensee may present to the Department a motion in writing | 7 | | for a rehearing, which shall specify the particular grounds | 8 | | for rehearing. The Department may respond to the motion for | 9 | | rehearing within 20 calendar days after its service on the | 10 | | Department. If no motion for rehearing is filed, then after | 11 | | the expiration of the time specified for filing the motion, or | 12 | | upon denial of a motion for rehearing, the Secretary may enter | 13 | | an order in accordance with the recommendation of the Board. | 14 | | If the applicant or licensee orders from the reporting service | 15 | | and pays for a transcript of the record within the time for | 16 | | filing a motion for rehearing, the 20-day period within which | 17 | | a motion may be filed shall commence upon the delivery of the | 18 | | transcript to the applicant or licensee. | 19 | | Section 115. Restoration. At any time after the successful | 20 | | completion of a term of probation, suspension, or revocation | 21 | | of any license, the Department may restore the license to the | 22 | | licensee upon the written recommendation of the Board unless | 23 | | after an investigation and hearing the Board or Department | 24 | | determines that restoration is not in the public interest. |
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| 1 | | Where circumstances of suspension or revocation so indicate, | 2 | | the Department may require an examination of the licensee | 3 | | prior to restoring the licensee's license. No person whose | 4 | | license has been revoked as authorized in this Act may apply | 5 | | for restoration of that license until the time provided for in | 6 | | the Civil Administrative Code of Illinois. | 7 | | Section 120. Surrender of license. Upon the revocation or | 8 | | suspension of any license, the licensee shall immediately | 9 | | surrender the licensee's license to the Department. If the | 10 | | licensee fails to do so, the Department shall have the right to | 11 | | seize the license. | 12 | | Section 125. Summary suspension of a license. The | 13 | | Secretary may summarily suspend the license of a licensed | 14 | | behavior analyst or assistant behavior analyst without a | 15 | | hearing simultaneously with the institution of proceedings for | 16 | | a hearing provided for in this Act if the Secretary finds that | 17 | | evidence in the Secretary's possession indicates that a | 18 | | licensee's continuation in practice would constitute an | 19 | | imminent danger to the public. If the Secretary summarily | 20 | | suspends the license without a hearing, a hearing by the Board | 21 | | or Department shall be held within 30 calendar days after the | 22 | | suspension has occurred. | 23 | | Section 130. Administrative review. |
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| 1 | | (a) All final administrative decisions of the Department | 2 | | hereunder shall be subject to judicial review pursuant to the | 3 | | provisions of the Administrative Review Law, and all | 4 | | amendments and modifications thereof, and the rules adopted | 5 | | pursuant thereto. "Administrative decision" has the same | 6 | | meaning as in Section 3-101 of the Code of Civil Procedure. | 7 | | (b) Proceedings for judicial review shall be commenced in | 8 | | the circuit court of the county in which the party applying for | 9 | | review resides, but if the party is not a resident of the | 10 | | State, the venue shall be in Sangamon County. | 11 | | Section 135. Certification of record. The Department shall | 12 | | not be required to certify any record to the court, file any | 13 | | answer in court, or otherwise appear in any judicial review | 14 | | proceedings, unless and until the Department has received from | 15 | | the plaintiff payment of the costs of furnishing and | 16 | | certifying the record, which costs shall be determined by the | 17 | | Department. The failure on the part of the plaintiff to file a | 18 | | receipt in court shall be grounds for dismissal of the action. | 19 | | Section 140. Fees. The Department shall provide by rule | 20 | | for a schedule of fees for the administration and enforcement | 21 | | of this Act, including, but not limited to, original | 22 | | licensure, registration, renewal, and restoration. The fees | 23 | | shall be nonrefundable. | 24 | | All fees, fines, and penalties collected under this Act |
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| 1 | | shall be deposited into the General Professions Dedicated Fund | 2 | | and shall be appropriated to the Department for the ordinary | 3 | | and contingent expenses of the Department in the | 4 | | administration of this Act. | 5 | | Section 145. Order; certified copy. An order or a | 6 | | certified copy thereof, over the seal of the Department and | 7 | | purporting to be signed by the Secretary, shall be prima facie | 8 | | proof:
| 9 | | (1) that the signature is the genuine signature of
the | 10 | | Secretary;
| 11 | | (2) that the Secretary is duly appointed and
| 12 | | qualified; and
| 13 | | (3) that the Board and its members are qualified to
| 14 | | act.
| 15 | | Section 150. License restrictions and limitations. No | 16 | | business organization shall provide, attempt to provide, or | 17 | | offer to provide behavior analysis services unless every | 18 | | member, partner, shareholder, director, officer, holder of any | 19 | | other ownership interest, agent, and employee who renders | 20 | | applied behavior analysis services holds a currently valid | 21 | | license issued under this Act. No business shall be created | 22 | | that (i) has a stated purpose that includes behavior analysis, | 23 | | or (ii) practices or holds itself out as available to practice | 24 | | behavior analysis therapy, unless it is organized under the |
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| 1 | | Professional Service Corporation Act or Professional Limited | 2 | | Liability Company Act. Nothing in this Act shall preclude | 3 | | individuals licensed under this Act from practicing directly | 4 | | or indirectly for a physician licensed to practice medicine in | 5 | | all its branches under the Medical Practice Act of 1987 or for | 6 | | any legal entity as provided under subsection (c) of Section | 7 | | 22.2 of the Medical Practice Act of 1987. | 8 | | Section 155. Examinations.
| 9 | | (a) The Department shall authorize examinations of | 10 | | applicants as provided under this Act at such times and places | 11 | | as it may determine. The examination of applicants shall be of | 12 | | a character to give a fair test of the qualifications of the | 13 | | applicant to practice behavior analysis.
| 14 | | (b) Applicants for examination shall be required to pay, | 15 | | either to the Department or the designated testing service, a | 16 | | fee covering the cost of providing the examination.
| 17 | | (c) The Department may employ consultants for the purpose | 18 | | of preparing and conducting examinations.
| 19 | | Section 160. Social Security Number on license | 20 | | application. In addition to any other information required to | 21 | | be contained in the application, every application for an | 22 | | original license under this Act shall include the applicant's | 23 | | Social Security Number, which shall be retained in the | 24 | | agency's records pertaining to the license. As soon as |
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| 1 | | practical, the Department shall assign a customer's | 2 | | identification number to each applicant for a license.
| 3 | | Every application for a renewal or restored license shall | 4 | | require the applicant's customer identification number.
| 5 | | Section 900. The Regulatory Sunset Act is amended by | 6 | | changing Section 4.38 as follows: | 7 | | (5 ILCS 80/4.38) | 8 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 9 | | Acts are repealed on January 1, 2028: | 10 | | The Acupuncture Practice Act. | 11 | | The Behavior Analyst Licensing Act. | 12 | | The Clinical Social Work and Social Work Practice Act. | 13 | | The Home Medical Equipment and Services Provider License | 14 | | Act. | 15 | | The Illinois Petroleum Education and Marketing Act. | 16 | | The Illinois Speech-Language Pathology and Audiology | 17 | | Practice Act. | 18 | | The Interpreter for the Deaf Licensure Act of 2007. | 19 | | The Nurse Practice Act. | 20 | | The Nursing Home Administrators Licensing and Disciplinary | 21 | | Act. | 22 | | The Physician Assistant Practice Act of 1987. | 23 | | The Podiatric Medical Practice Act of 1987.
| 24 | | (Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17; |
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| 1 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 2 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 3 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 4 | | Section 903. The Illinois Public Aid Code is amended by | 5 | | changing Section 5-30.11 as follows: | 6 | | (305 ILCS 5/5-30.11) | 7 | | Sec. 5-30.11. Treatment of autism spectrum disorder. | 8 | | Treatment of autism spectrum disorder through applied behavior | 9 | | analysis shall be covered under the medical assistance program | 10 | | under this Article for children with a diagnosis of autism | 11 | | spectrum disorder when ordered by : (1) a physician licensed to | 12 | | practice medicine in all its branches and rendered by a | 13 | | licensed or certified health care professional with expertise | 14 | | in applied behavior analysis ; or (2) when evaluated and | 15 | | treated by a behavior analyst licensed by the Department of | 16 | | Financial and Professional Regulation to practice applied | 17 | | behavior analysis in this State . Such coverage may be limited | 18 | | to age ranges based on evidence-based best practices. | 19 | | Appropriate State plan amendments as well as rules regarding | 20 | | provision of services and providers will be submitted by | 21 | | September 1, 2019.
| 22 | | (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.) | 23 | | Section 905. The Adult Protective Services Act is amended |
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| 1 | | by changing Section 2 as follows:
| 2 | | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| 3 | | Sec. 2. Definitions. As used in this Act, unless the | 4 | | context
requires otherwise:
| 5 | | (a) "Abandonment" means the desertion or willful forsaking | 6 | | of an eligible adult by an individual responsible for the care | 7 | | and custody of that eligible adult under circumstances in | 8 | | which a reasonable person would continue to provide care and | 9 | | custody. Nothing in this Act shall be construed to mean that an | 10 | | eligible adult is a victim of abandonment because of health | 11 | | care services provided or not provided by licensed health care | 12 | | professionals. | 13 | | (a-1) "Abuse" means causing any physical, mental or sexual | 14 | | injury to an
eligible adult, including exploitation of such | 15 | | adult's financial resources, and abandonment.
| 16 | | Nothing in this Act shall be construed to mean that an | 17 | | eligible adult is a
victim of abuse, abandonment, neglect, or | 18 | | self-neglect for the sole reason that he or she is being
| 19 | | furnished with or relies upon treatment by spiritual means | 20 | | through prayer
alone, in accordance with the tenets and | 21 | | practices of a recognized church
or religious denomination.
| 22 | | Nothing in this Act shall be construed to mean that an | 23 | | eligible adult is a
victim of abuse because of health care | 24 | | services provided or not provided by
licensed health care | 25 | | professionals.
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| 1 | | (a-5) "Abuser" means a person who abuses, abandons, | 2 | | neglects, or financially
exploits an eligible adult.
| 3 | | (a-6) "Adult with disabilities" means a person aged 18 | 4 | | through 59 who resides in a domestic living situation and | 5 | | whose disability as defined in subsection (c-5) impairs his or | 6 | | her ability to seek or obtain protection from abuse, | 7 | | abandonment, neglect, or exploitation. | 8 | | (a-7) "Caregiver" means a person who either as a result of | 9 | | a family
relationship, voluntarily, or in exchange for | 10 | | compensation has assumed
responsibility for all or a portion | 11 | | of the care of an eligible adult who needs
assistance with | 12 | | activities of daily
living or instrumental activities of daily | 13 | | living.
| 14 | | (b) "Department" means the Department on Aging of the | 15 | | State of Illinois.
| 16 | | (c) "Director" means the Director of the Department.
| 17 | | (c-5) "Disability" means a physical or mental disability, | 18 | | including, but not limited to, a developmental disability, an | 19 | | intellectual disability, a mental illness as defined under the | 20 | | Mental Health and Developmental Disabilities Code, or dementia | 21 | | as defined under the Alzheimer's Disease Assistance Act. | 22 | | (d) "Domestic living situation" means a residence where | 23 | | the eligible
adult at the time of the report lives alone or | 24 | | with his or her family or a caregiver, or others,
or other | 25 | | community-based unlicensed facility, but
is not:
| 26 | | (1) A licensed facility as defined in Section 1-113 of |
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| 1 | | the Nursing Home
Care Act;
| 2 | | (1.5) A facility licensed under the ID/DD Community | 3 | | Care Act; | 4 | | (1.6) A facility licensed under the MC/DD Act; | 5 | | (1.7) A facility licensed under the Specialized Mental | 6 | | Health Rehabilitation Act of 2013; | 7 | | (2) A "life care facility" as defined in the Life Care | 8 | | Facilities Act;
| 9 | | (3) A home, institution, or other place operated by | 10 | | the federal
government or agency thereof or by the State | 11 | | of Illinois;
| 12 | | (4) A hospital, sanitarium, or other institution, the | 13 | | principal activity
or business of which is the diagnosis, | 14 | | care, and treatment of human illness
through the | 15 | | maintenance and operation of organized facilities | 16 | | therefor,
which is required to be licensed under the | 17 | | Hospital Licensing Act;
| 18 | | (5) A "community living facility" as defined in the | 19 | | Community Living
Facilities Licensing Act;
| 20 | | (6) (Blank);
| 21 | | (7) A "community-integrated living arrangement" as | 22 | | defined in
the Community-Integrated Living Arrangements | 23 | | Licensure and Certification Act or a "community | 24 | | residential alternative" as licensed under that Act;
| 25 | | (8) An assisted living or shared housing establishment | 26 | | as defined in the Assisted Living and Shared Housing Act; |
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| 1 | | or
| 2 | | (9) A supportive living facility as described in | 3 | | Section 5-5.01a of the Illinois Public Aid Code.
| 4 | | (e) "Eligible adult" means either an adult with | 5 | | disabilities aged 18 through 59 or a person aged 60 or older | 6 | | who
resides in a domestic living situation and is, or is | 7 | | alleged
to be, abused, abandoned, neglected, or financially | 8 | | exploited by another individual or who neglects himself or | 9 | | herself. "Eligible adult" also includes an adult who resides | 10 | | in any of the facilities that are excluded from the definition | 11 | | of "domestic living situation" under paragraphs (1) through | 12 | | (9) of subsection (d), if either: (i) the alleged abuse, | 13 | | abandonment, or neglect occurs outside of the facility and not | 14 | | under facility supervision and the alleged abuser is a family | 15 | | member, caregiver, or another person who has a continuing | 16 | | relationship with the adult; or (ii) the alleged financial | 17 | | exploitation is perpetrated by a family member, caregiver, or | 18 | | another person who has a continuing relationship with the | 19 | | adult, but who is not an employee of the facility where the | 20 | | adult resides.
| 21 | | (f) "Emergency" means a situation in which an eligible | 22 | | adult is living
in conditions presenting a risk of death or | 23 | | physical, mental or sexual
injury and the provider agency has | 24 | | reason to believe the eligible adult is
unable to
consent to | 25 | | services which would alleviate that risk.
| 26 | | (f-1) "Financial exploitation" means the use of an |
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| 1 | | eligible adult's resources by another to the disadvantage of | 2 | | that adult or the profit or advantage of a person other than | 3 | | that adult. | 4 | | (f-5) "Mandated reporter" means any of the following | 5 | | persons
while engaged in carrying out their professional | 6 | | duties:
| 7 | | (1) a professional or professional's delegate while | 8 | | engaged in: (i) social
services, (ii) law enforcement, | 9 | | (iii) education, (iv) the care of an eligible
adult or | 10 | | eligible adults, or (v) any of the occupations required to | 11 | | be licensed
under the Behavior Analyst Licensing Act,
the | 12 | | Clinical Psychologist Licensing Act, the Clinical Social | 13 | | Work and Social
Work Practice Act, the Illinois Dental | 14 | | Practice Act, the Dietitian Nutritionist Practice Act, the | 15 | | Marriage and Family Therapy Licensing Act, the
Medical | 16 | | Practice Act of 1987, the Naprapathic Practice Act, the
| 17 | | Nurse Practice Act, the Nursing Home
Administrators | 18 | | Licensing and
Disciplinary Act, the Illinois Occupational | 19 | | Therapy Practice Act, the Illinois
Optometric Practice Act | 20 | | of 1987, the Pharmacy Practice Act, the
Illinois Physical | 21 | | Therapy Act, the Physician Assistant Practice Act of 1987,
| 22 | | the Podiatric Medical Practice Act of 1987, the | 23 | | Respiratory Care Practice
Act,
the Professional Counselor | 24 | | and
Clinical Professional Counselor Licensing and Practice | 25 | | Act, the Illinois Speech-Language
Pathology and Audiology | 26 | | Practice Act, the Veterinary Medicine and Surgery
Practice |
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| 1 | | Act of 2004, and the Illinois Public Accounting Act;
| 2 | | (1.5) an employee of an entity providing developmental | 3 | | disabilities services or service coordination funded by | 4 | | the Department of Human Services; | 5 | | (2) an employee of a vocational rehabilitation | 6 | | facility prescribed or
supervised by the Department of | 7 | | Human Services;
| 8 | | (3) an administrator, employee, or person providing | 9 | | services in or through
an unlicensed community based | 10 | | facility;
| 11 | | (4) any religious practitioner who provides treatment | 12 | | by prayer or spiritual means alone in accordance with the | 13 | | tenets and practices of a recognized church or religious | 14 | | denomination, except as to information received in any | 15 | | confession or sacred communication enjoined by the | 16 | | discipline of the religious denomination to be held | 17 | | confidential;
| 18 | | (5) field personnel of the Department of Healthcare | 19 | | and Family Services, Department of Public
Health, and | 20 | | Department of Human Services, and any county or
municipal | 21 | | health department;
| 22 | | (6) personnel of the Department of Human Services, the | 23 | | Guardianship and
Advocacy Commission, the State Fire | 24 | | Marshal, local fire departments, the
Department on Aging | 25 | | and its subsidiary Area Agencies on Aging and provider
| 26 | | agencies, and the Office of State Long Term Care |
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| 1 | | Ombudsman;
| 2 | | (7) any employee of the State of Illinois not | 3 | | otherwise specified herein
who is involved in providing | 4 | | services to eligible adults, including
professionals | 5 | | providing medical or rehabilitation services and all
other | 6 | | persons having direct contact with eligible adults;
| 7 | | (8) a person who performs the duties of a coroner
or | 8 | | medical examiner; or
| 9 | | (9) a person who performs the duties of a paramedic or | 10 | | an emergency
medical
technician.
| 11 | | (g) "Neglect" means
another individual's failure to | 12 | | provide an eligible
adult with or willful withholding from an | 13 | | eligible adult the necessities of
life including, but not | 14 | | limited to, food, clothing, shelter or health care.
This | 15 | | subsection does not create any new affirmative duty to provide | 16 | | support to
eligible adults. Nothing in this Act shall be | 17 | | construed to mean that an
eligible adult is a victim of neglect | 18 | | because of health care services provided
or not provided by | 19 | | licensed health care professionals.
| 20 | | (h) "Provider agency" means any public or nonprofit agency | 21 | | in a planning
and service area that is selected by the | 22 | | Department or appointed by the regional administrative agency | 23 | | with prior
approval by the Department on Aging to receive and | 24 | | assess reports of
alleged or suspected abuse, abandonment, | 25 | | neglect, or financial exploitation. A provider agency is also | 26 | | referenced as a "designated agency" in this Act.
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| 1 | | (i) "Regional administrative agency" means any public or | 2 | | nonprofit
agency in a planning and service area that provides | 3 | | regional oversight and performs functions as set forth in | 4 | | subsection (b) of Section 3 of this Act. The Department shall | 5 | | designate an Area Agency on Aging as the regional | 6 | | administrative agency or, in the event the Area Agency on | 7 | | Aging in that planning and service area is deemed by the | 8 | | Department to be unwilling or unable to provide those | 9 | | functions, the Department may serve as the regional | 10 | | administrative agency or designate another qualified entity to | 11 | | serve as the regional administrative agency; any such | 12 | | designation shall be subject to terms set forth by the | 13 | | Department.
| 14 | | (i-5) "Self-neglect" means a condition that is the result | 15 | | of an eligible adult's inability, due to physical or mental | 16 | | impairments, or both, or a diminished capacity, to perform | 17 | | essential self-care tasks that substantially threaten his or | 18 | | her own health, including: providing essential food, clothing, | 19 | | shelter, and health care; and obtaining goods and services | 20 | | necessary to maintain physical health, mental health, | 21 | | emotional well-being, and general safety. The term includes | 22 | | compulsive hoarding, which is characterized by the acquisition | 23 | | and retention of large quantities of items and materials that | 24 | | produce an extensively cluttered living space, which | 25 | | significantly impairs the performance of essential self-care | 26 | | tasks or otherwise substantially threatens life or safety.
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| 1 | | (j) "Substantiated case" means a reported case of alleged | 2 | | or suspected
abuse, abandonment, neglect, financial | 3 | | exploitation, or self-neglect in which a provider agency,
| 4 | | after assessment, determines that there is reason to believe | 5 | | abuse,
abandonment, neglect, or financial exploitation has | 6 | | occurred.
| 7 | | (k) "Verified" means a determination that there is "clear | 8 | | and convincing evidence" that the specific injury or harm | 9 | | alleged was the result of abuse, abandonment, neglect, or | 10 | | financial exploitation. | 11 | | (Source: P.A. 102-244, eff. 1-1-22 .) | 12 | | Section 910. The Abused and Neglected Child Reporting Act | 13 | | is amended by changing Section 4 as follows:
| 14 | | (325 ILCS 5/4)
| 15 | | Sec. 4. Persons required to report; privileged | 16 | | communications;
transmitting false report. | 17 | | (a) The following persons are required to immediately | 18 | | report to the Department when they have reasonable cause to | 19 | | believe that a child known to them in their professional or | 20 | | official capacities may be an abused child or a neglected | 21 | | child: | 22 | | (1) Medical personnel, including any: physician | 23 | | licensed to practice medicine in any of its branches | 24 | | (medical doctor or doctor of osteopathy); resident; |
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| 1 | | intern; medical administrator or personnel engaged in the | 2 | | examination, care, and treatment of persons; psychiatrist; | 3 | | surgeon; dentist; dental hygienist; chiropractic | 4 | | physician; podiatric physician; physician assistant; | 5 | | emergency medical technician; acupuncturist; registered | 6 | | nurse; licensed practical nurse; advanced practice | 7 | | registered nurse; genetic counselor; respiratory care | 8 | | practitioner; home health aide; or certified nursing | 9 | | assistant. | 10 | | (2) Social services and mental health personnel, | 11 | | including any: licensed professional counselor; licensed | 12 | | clinical professional counselor; licensed social worker; | 13 | | licensed clinical social worker; licensed psychologist or | 14 | | assistant working under the direct supervision of a | 15 | | psychologist; associate licensed marriage and family | 16 | | therapist; licensed marriage and family therapist; field | 17 | | personnel of the Departments of Healthcare and Family | 18 | | Services, Public Health, Human Services, Human Rights, or | 19 | | Children and Family Services; supervisor or administrator | 20 | | of the General Assistance program established under | 21 | | Article VI of the Illinois Public Aid Code; social | 22 | | services administrator; or substance abuse treatment | 23 | | personnel. | 24 | | (3) Crisis intervention personnel, including any: | 25 | | crisis line or hotline personnel; or domestic violence | 26 | | program personnel. |
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| 1 | | (4)
Education personnel, including any: school | 2 | | personnel (including administrators and certified and | 3 | | non-certified school employees); personnel of institutions | 4 | | of higher education; educational advocate assigned to a | 5 | | child in accordance with the School Code; member of a | 6 | | school board or the Chicago Board of Education or the | 7 | | governing body of a private school (but only to the extent | 8 | | required under subsection (d)); or truant officer. | 9 | | (5)
Recreation or athletic program or facility | 10 | | personnel. | 11 | | (6)
Child care personnel, including any: early | 12 | | intervention provider as defined in the Early Intervention | 13 | | Services System Act; director or staff assistant of a | 14 | | nursery school or a child day care center; or foster | 15 | | parent, homemaker, or child care worker. | 16 | | (7)
Law enforcement personnel, including any: law | 17 | | enforcement officer; field personnel of the Department of | 18 | | Juvenile Justice; field personnel of the Department of | 19 | | Corrections; probation officer; or animal control officer | 20 | | or field investigator of the Department of Agriculture's | 21 | | Bureau of Animal Health and Welfare. | 22 | | (8)
Any funeral home director; funeral home director | 23 | | and embalmer; funeral home employee; coroner; or medical | 24 | | examiner. | 25 | | (9)
Any member of the clergy. | 26 | | (10) Any physician, physician assistant, registered |
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| 1 | | nurse, licensed practical nurse, medical technician, | 2 | | certified nursing assistant, licensed social worker, | 3 | | licensed clinical social worker, or licensed professional | 4 | | counselor of any office, clinic, licensed behavior | 5 | | analyst, licensed assistant behavior analyst, or any other | 6 | | physical location that provides abortions, abortion | 7 | | referrals, or contraceptives. | 8 | | (b) When 2 or more persons who work within the same | 9 | | workplace and are required to report under this Act share a | 10 | | reasonable cause to believe that a child may be an abused or | 11 | | neglected child, one of those reporters may be designated to | 12 | | make a single report. The report shall include the names and | 13 | | contact information for the other mandated reporters sharing | 14 | | the reasonable cause to believe that a child may be an abused | 15 | | or neglected child. The designated reporter must provide | 16 | | written confirmation of the report to those mandated reporters | 17 | | within 48 hours. If confirmation is not provided, those | 18 | | mandated reporters are individually responsible for | 19 | | immediately ensuring a report is made. Nothing in this Section | 20 | | precludes or may be used to preclude any person from reporting | 21 | | child abuse or child neglect. | 22 | | (c)(1) As used in this Section, "a child known to them in | 23 | | their professional or official capacities" means: | 24 | | (A) the mandated reporter comes into contact with the | 25 | | child in the course of the reporter's employment or | 26 | | practice of a profession, or through a regularly scheduled |
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| 1 | | program, activity, or service; | 2 | | (B) the mandated reporter is affiliated with an | 3 | | agency, institution, organization, school, school | 4 | | district, regularly established church or religious | 5 | | organization, or other entity that is directly responsible | 6 | | for the care, supervision, guidance, or training of the | 7 | | child; or | 8 | | (C) a person makes a specific disclosure to the | 9 | | mandated reporter that an identifiable child is the victim | 10 | | of child abuse or child neglect, and the disclosure | 11 | | happens while the mandated reporter is engaged in his or | 12 | | her employment or practice of a profession, or in a | 13 | | regularly scheduled program, activity, or service. | 14 | | (2) Nothing in this Section requires a child to come | 15 | | before the mandated reporter in order for the reporter to make | 16 | | a report of suspected child abuse or child neglect.
| 17 | | (d) If an allegation is raised to a school board member | 18 | | during the course of an open or closed school board meeting | 19 | | that a child who is enrolled in the school district of which he | 20 | | or she is a board member is an abused child as defined in | 21 | | Section 3 of this Act, the member shall direct or cause the | 22 | | school board to direct the superintendent of the school | 23 | | district or other equivalent school administrator to comply | 24 | | with the requirements of this Act concerning the reporting of | 25 | | child abuse. For purposes of this paragraph, a school board | 26 | | member is granted the authority in his or her individual |
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| 1 | | capacity to direct the superintendent of the school district | 2 | | or other equivalent school administrator to comply with the | 3 | | requirements of this Act concerning the reporting of child | 4 | | abuse.
| 5 | | Notwithstanding any other provision of this Act, if an | 6 | | employee of a school district has made a report or caused a | 7 | | report to be made to the Department under this Act involving | 8 | | the conduct of a current or former employee of the school | 9 | | district and a request is made by another school district for | 10 | | the provision of information concerning the job performance or | 11 | | qualifications of the current or former employee because he or | 12 | | she is an applicant for employment with the requesting school | 13 | | district, the general superintendent of the school district to | 14 | | which the request is being made must disclose to the | 15 | | requesting school district the fact that an employee of the | 16 | | school district has made a report involving the conduct of the | 17 | | applicant or caused a report to be made to the Department, as | 18 | | required under this Act. Only the fact that an employee of the | 19 | | school district has made a report involving the conduct of the | 20 | | applicant or caused a report to be made to the Department may | 21 | | be disclosed by the general superintendent of the school | 22 | | district to which the request for information concerning the | 23 | | applicant is made, and this fact may be disclosed only in cases | 24 | | where the employee and the general superintendent have not | 25 | | been informed by the Department that the allegations were | 26 | | unfounded. An employee of a school district who is or has been |
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| 1 | | the subject of a report made pursuant to this Act during his or | 2 | | her employment with the school district must be informed by | 3 | | that school district that if he or she applies for employment | 4 | | with another school district, the general superintendent of | 5 | | the former school district, upon the request of the school | 6 | | district to which the employee applies, shall notify that | 7 | | requesting school district that the employee is or was the | 8 | | subject of such a report.
| 9 | | (e) Whenever
such person is required to report under this | 10 | | Act in his capacity as a member of
the staff of a medical or | 11 | | other public or private institution, school, facility
or | 12 | | agency, or as a member of the clergy, he shall
make report | 13 | | immediately to the Department in accordance
with the | 14 | | provisions of this Act and may also notify the person in charge | 15 | | of
such institution, school, facility or agency, or church, | 16 | | synagogue, temple,
mosque, or other religious institution, or | 17 | | his
designated agent that such
report has been made. Under no | 18 | | circumstances shall any person in charge of
such institution, | 19 | | school, facility or agency, or church, synagogue, temple,
| 20 | | mosque, or other religious institution, or his
designated | 21 | | agent to whom
such notification has been made, exercise any | 22 | | control, restraint, modification
or other change in the report | 23 | | or the forwarding of such report to the
Department.
| 24 | | (f) In addition to the persons required to report | 25 | | suspected cases of child abuse or child neglect under this | 26 | | Section, any other person may make a report if such person has |
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| 1 | | reasonable cause to believe a child may be an abused child or a | 2 | | neglected child. | 3 | | (g) The privileged quality of communication between any | 4 | | professional
person required to report
and his patient or | 5 | | client shall not apply to situations involving abused or
| 6 | | neglected children and shall not constitute grounds for | 7 | | failure to report
as required by this Act or constitute | 8 | | grounds for failure to share information or documents with the | 9 | | Department during the course of a child abuse or neglect | 10 | | investigation. If requested by the professional, the | 11 | | Department shall confirm in writing that the information or | 12 | | documents disclosed by the professional were gathered in the | 13 | | course of a child abuse or neglect investigation.
| 14 | | The reporting requirements of this Act shall not apply to | 15 | | the contents of a privileged communication between an attorney | 16 | | and his or her client or to confidential information within | 17 | | the meaning of Rule 1.6 of the Illinois Rules of Professional | 18 | | Conduct relating to the legal representation of an individual | 19 | | client. | 20 | | A member of the clergy may claim the privilege under | 21 | | Section 8-803 of the
Code of Civil Procedure.
| 22 | | (h) Any office, clinic, or any other physical location | 23 | | that provides abortions, abortion referrals, or contraceptives | 24 | | shall provide to all office personnel copies of written | 25 | | information and training materials about abuse and neglect and | 26 | | the requirements of this Act that are provided to employees of |
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| 1 | | the office, clinic, or physical location who are required to | 2 | | make reports to the Department under this Act, and instruct | 3 | | such office personnel to bring to the attention of an employee | 4 | | of the office, clinic, or physical location who is required to | 5 | | make reports to the Department under this Act any reasonable | 6 | | suspicion that a child known to him or her in his or her | 7 | | professional or official capacity may be an abused child or a | 8 | | neglected child.
| 9 | | (i) Any person who enters into
employment on and after | 10 | | July 1, 1986 and is mandated by virtue of that
employment to | 11 | | report under this Act, shall sign a statement on a form
| 12 | | prescribed by the Department, to the effect that the employee | 13 | | has knowledge
and understanding of the reporting requirements | 14 | | of this Act. On and after January 1, 2019, the statement
shall | 15 | | also include information about available mandated reporter | 16 | | training provided by the Department. The statement
shall be | 17 | | signed prior to commencement of the employment. The signed
| 18 | | statement shall be retained by the employer. The cost of | 19 | | printing,
distribution, and filing of the statement shall be | 20 | | borne by the employer.
| 21 | | (j) Persons required to report child abuse or child | 22 | | neglect as provided under this Section must complete an | 23 | | initial mandated reporter training, including a section on | 24 | | implicit bias, within 3 months of their date of engagement in a | 25 | | professional or official capacity as a mandated reporter, or | 26 | | within the time frame of any other applicable State law that |
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| 1 | | governs training requirements for a specific profession, and | 2 | | at least every 3 years thereafter. The initial requirement | 3 | | only applies to the first time they engage in their | 4 | | professional or official capacity. In lieu of training every 3 | 5 | | years, medical personnel, as listed in paragraph (1) of | 6 | | subsection (a), must meet the requirements described in | 7 | | subsection (k). | 8 | | The mandated reporter trainings shall be in-person or | 9 | | web-based, and shall include, at a minimum, information on the | 10 | | following topics: (i) indicators for recognizing child abuse | 11 | | and child neglect, as defined under this Act; (ii) the process | 12 | | for reporting suspected child abuse and child neglect in | 13 | | Illinois as required by this Act and the required | 14 | | documentation; (iii) responding to a child in a | 15 | | trauma-informed manner; and (iv) understanding the response of | 16 | | child protective services and the role of the reporter after a | 17 | | call has been made. Child-serving organizations are encouraged | 18 | | to provide in-person annual trainings. | 19 | | The implicit bias section shall be in-person or web-based, | 20 | | and shall include, at a minimum, information on the following | 21 | | topics: (i) implicit bias and (ii) racial and ethnic | 22 | | sensitivity. As used in this subsection, "implicit bias" means | 23 | | the attitudes or internalized stereotypes that affect people's | 24 | | perceptions, actions, and decisions in an unconscious manner | 25 | | and that exist and often contribute to unequal treatment of | 26 | | people based on race, ethnicity, gender identity, sexual |
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| 1 | | orientation, age, disability, and other characteristics. The | 2 | | implicit bias section shall provide tools to adjust automatic | 3 | | patterns of thinking and ultimately eliminate discriminatory | 4 | | behaviors. During these trainings mandated reporters shall | 5 | | complete the following: (1) a pretest to assess baseline | 6 | | implicit bias levels; (2) an implicit bias training task; and | 7 | | (3) a posttest to reevaluate bias levels after training. The | 8 | | implicit bias curriculum for mandated reporters shall be | 9 | | developed within one year after the effective date of this | 10 | | amendatory Act of the 102nd General Assembly and shall be | 11 | | created in consultation with organizations demonstrating | 12 | | expertise and or experience in the areas of implicit bias, | 13 | | youth and adolescent developmental issues, prevention of child | 14 | | abuse, exploitation, and neglect, culturally diverse family | 15 | | systems, and the child welfare system. | 16 | | The mandated reporter training, including a section on | 17 | | implicit bias, shall be provided through the Department, | 18 | | through an entity authorized to provide continuing education | 19 | | for professionals licensed through the Department of Financial | 20 | | and Professional Regulation, the State Board of Education, the | 21 | | Illinois Law Enforcement Training Standards Board, or the | 22 | | Department of State Police, or through an organization | 23 | | approved by the Department to provide mandated reporter | 24 | | training, including a section on implicit bias. The Department | 25 | | must make available a free web-based training for reporters. | 26 | | Each mandated reporter shall report to his or her employer |
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| 1 | | and, when applicable, to his or her licensing or certification | 2 | | board that he or she received the mandated reporter training. | 3 | | The mandated reporter shall maintain records of completion. | 4 | | Beginning January 1, 2021, if a mandated reporter receives | 5 | | licensure from the Department of Financial and Professional | 6 | | Regulation or the State Board of Education, and his or her | 7 | | profession has continuing education requirements, the training | 8 | | mandated under this Section shall count toward meeting the | 9 | | licensee's required continuing education hours. | 10 | | (k)(1) Medical personnel, as listed in paragraph (1) of | 11 | | subsection (a), who work with children in their professional | 12 | | or official capacity, must complete mandated reporter training | 13 | | at least every 6 years. Such medical personnel, if licensed, | 14 | | must attest at each time of licensure renewal on their renewal | 15 | | form that they understand they are a mandated reporter of | 16 | | child abuse and neglect, that they are aware of the process for | 17 | | making a report, that they know how to respond to a child in a | 18 | | trauma-informed manner, and that they are aware of the role of | 19 | | child protective services and the role of a reporter after a | 20 | | call has been made. | 21 | | (2) In lieu of repeated training, medical personnel, as | 22 | | listed in paragraph (1) of subsection (a), who do not work with | 23 | | children in their professional or official capacity, may | 24 | | instead attest each time at licensure renewal on their renewal | 25 | | form that they understand they are a mandated reporter of | 26 | | child abuse and neglect, that they are aware of the process for |
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| 1 | | making a report, that they know how to respond to a child in a | 2 | | trauma-informed manner, and that they are aware of the role of | 3 | | child protective services and the role of a reporter after a | 4 | | call has been made. Nothing in this paragraph precludes | 5 | | medical personnel from completing mandated reporter training | 6 | | and receiving continuing education credits for that training. | 7 | | (l) The Department shall provide copies of this Act, upon | 8 | | request, to all
employers employing persons who shall be | 9 | | required under the provisions of
this Section to report under | 10 | | this Act.
| 11 | | (m) Any person who knowingly transmits a false report to | 12 | | the Department
commits the offense of disorderly conduct under | 13 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of | 14 | | 2012. A violation of this provision is a Class 4 felony.
| 15 | | Any person who knowingly and willfully violates any | 16 | | provision of this
Section other than a second or subsequent | 17 | | violation of transmitting a
false report as described in the
| 18 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 19 | | first violation and a Class
4 felony for a
second or subsequent | 20 | | violation; except that if the person acted as part
of a plan or | 21 | | scheme having as its object the
prevention of discovery of an | 22 | | abused or neglected child by lawful authorities
for the
| 23 | | purpose of protecting or insulating any person or entity from | 24 | | arrest or
prosecution, the
person is guilty of a Class 4 felony | 25 | | for a first offense and a Class 3 felony
for a second or
| 26 | | subsequent offense (regardless of whether the second or |
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| 1 | | subsequent offense
involves any
of the same facts or persons | 2 | | as the first or other prior offense).
| 3 | | (n) A child whose parent, guardian or custodian in good | 4 | | faith selects and depends
upon spiritual means through prayer | 5 | | alone for the treatment or cure of
disease or remedial care may | 6 | | be considered neglected or abused, but not for
the sole reason | 7 | | that his parent, guardian or custodian accepts and
practices | 8 | | such beliefs.
| 9 | | (o) A child shall not be considered neglected or abused | 10 | | solely because the
child is not attending school in accordance | 11 | | with the requirements of
Article 26 of the School Code, as | 12 | | amended.
| 13 | | (p) Nothing in this Act prohibits a mandated reporter who | 14 | | reasonably believes that an animal is being abused or | 15 | | neglected in violation of the Humane Care for Animals Act from | 16 | | reporting animal abuse or neglect to the Department of | 17 | | Agriculture's Bureau of Animal Health and Welfare. | 18 | | (q) A home rule unit may not regulate the reporting of | 19 | | child abuse or neglect in a manner inconsistent with the | 20 | | provisions of this Section. This Section is a limitation under | 21 | | subsection (i) of Section 6 of Article VII of the Illinois | 22 | | Constitution on the concurrent exercise by home rule units of | 23 | | powers and functions exercised by the State. | 24 | | (r) For purposes of this Section "child abuse or neglect" | 25 | | includes abuse or neglect of an adult resident as defined in | 26 | | this Act. |
| | | HB4769 Enrolled | - 63 - | LRB102 23872 AMC 33065 b |
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| 1 | | (Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22 .)
| 2 | | Section 999. Effective date. This Act takes effect upon | 3 | | becoming law.
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