SB 712

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Full Text of SB0712
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	SB0712 - 104th General Assembly
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			Senate Amendment 001
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		SB0712 Enrolled		LRB104 07011 BAB 17048 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Behavior Analyst Licensing Act is amended
5by changing Sections 20 and 70 and by adding Section 150.1 as
6follows:
7    (225 ILCS 6/20)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 20. License required; exemptions.
10    (a) Beginning 10 months after the adoption of the rules
11required under subsection (b) of Section 80, an individual
12shall not engage in the practice of applied behavior analysis
13unless licensed under this Act or covered by an exemption
14under subsection (c).
15    (a-5) An individual licensed under this Act as an
16assistant behavior analyst shall not engage in the practice of
17applied behavior analysis unless supervised by a licensed
18clinical psychologist or licensed behavior analyst.
19    (b) Beginning 10 months after the adoption of the rules
20required under subsection (b) of Section 80, an individual
21shall not use the title "licensed behavior analyst", "L.B.A.",
22"licensed assistant behavior analyst", "L.A.B.A.", or similar
23words or letters indicating the individual is licensed as a
		SB0712 Enrolled	- 2 -	LRB104 07011 BAB 17048 b
1behavior analyst or assistant behavior analyst unless the
2individual is actually licensed under this Act.
3    (c) This Act does not prohibit any of the following:
4        (1) Self-care by a patient or uncompensated care by a
5    friend or family member who does not represent or hold
6    oneself out to be a behavior analyst or assistant behavior
7    analyst.
8        (2) An individual from implementing a behavior
9    analytic treatment plan under the extended authority,
10    direction, and supervision of a licensed behavior analyst
11    or licensed assistant behavior analyst.
12        (3) A clinical psychologist, social worker,
13    psychiatric nurse, speech-language pathologist,
14    audiologist, professional counselor, clinical
15    professional counselor, clinical social worker,
16    occupational therapist, or marriage and family therapist
17    from performing or advertising activities that are
18    considered to be the practice of applied behavior analysis
19    under this Act if the activities are consistent with the
20    laws of this State, the individual's training, and any
21    code of ethics of the individual's respective professions,
22    so long as the individual does not use the titles provided
23    in subsection (b).
24        (4) An individual from performing activities that are
25    considered to be the practice of applied behavior analysis
26    under this Act if the activities are with nonhumans,
		SB0712 Enrolled	- 3 -	LRB104 07011 BAB 17048 b
1    including applied animal behaviorists and animal trainers.
2    The individual may use the title "behavior analyst" but
3    shall not represent oneself as a licensed behavior analyst
4    or licensed assistant behavior analyst unless the
5    individual holds a license issued by the State.
6        (5) An individual who provides general applied
7    behavior analysis services to organizations, so long as
8    the services are for the benefit of the organizations and
9    do not involve direct services to individuals. The
10    individual may use the title "behavior analyst" but may
11    not represent oneself as a licensed behavior analyst or
12    licensed assistant behavior analyst unless the individual
13    holds a license issued by the State.
14        (6) An individual who is a matriculated student at a
15    nationally accredited university approved in rules or a
16    postdoctoral fellow from performing activities that are
17    considered to be the practice of applied behavior analysis
18    under this Act if the activities are part of a defined
19    program of study, course, practicum, internship, or
20    postdoctoral fellowship, provided that the applied
21    behavior analysis activities are directly supervised by a
22    licensed behavior analyst under this Act or a licensed
23    clinical psychologist.
24        (7) An individual who is not licensed under this Act
25    from pursuing field experience in the practice of behavior
26    analysis if the experience is supervised by a licensed
		SB0712 Enrolled	- 4 -	LRB104 07011 BAB 17048 b
1    behavior analyst or a licensed psychologist.
2        (8) An individual with a learning behavior specialist
3    or school support personnel endorsement from the State
4    Board of Education, the school district in which the
5    school is located, or a special education joint agreement
6    serving the school district in which the school is located
7    from delivering behavior analytic services in a school
8    setting when employed by that school as long as those
9    services are defined in the scope of practice for that
10    endorsement and that person is not in any manner held out
11    to the public as a licensed behavior analyst or licensed
12    assistant behavior analyst.
13        (9) A qualified intellectual disabilities
14    professional, meeting the minimum federal education
15    requirements outlined in 42 CFR 483.430, who is performing
16    the duties required for individuals with intellectual or
17    developmental disabilities in programs and facilities
18    regulated by the federal Centers for Medicare and Medicaid
19    Services, the Department of Human Services, or the
20    Department of Public Health, so long as the individual
21    does not use the titles provided in subsection (b).
22        (10) A service provider, designated by the Department
23    of Human Services, from providing behavior intervention
24    and treatment, so long as the individual does not use the
25    titles provided in subsection (b).
26    (d) This Act does not apply to an individual who, on the
		SB0712 Enrolled	- 5 -	LRB104 07011 BAB 17048 b
1effective date of this Act, is engaging in the practice of
2applied behavior analysis under the medical assistance program
3under the Illinois Public Aid Code while that individual is
4seeking the education, training, and experience necessary to
5obtain a license under this Act.
6    (e) No licensed behavior analyst or licensed assistant
7behavior analyst shall engage in the practice of
8speech-language pathology or the practice of audiology, as
9defined in the Illinois Speech-Language Pathology and
10Audiology Practice Act, unless licensed to do so under that
11Act.
12(Source: P.A. 102-953, eff. 5-27-22; 103-857, eff. 8-9-24.)
13    (225 ILCS 6/70)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 70. Unlicensed practice; violation; civil penalty.
16    (a) Any person who practices, offers to practice, attempts
17to practice, or holds oneself out to practice as a licensed
18behavior analyst or licensed assistant behavior analyst
19without being licensed or exempt under this Act shall, in
20addition to any other penalty provided by law, pay a civil
21penalty to the Department in an amount not to exceed $10,000
22for each offense, as determined by the Department. The civil
23penalty shall be assessed by the Department after a hearing is
24held in accordance with the provisions set forth in this Act
25regarding the provision of a hearing for the discipline of a
		SB0712 Enrolled	- 6 -	LRB104 07011 BAB 17048 b
1licensee.
2    (a-5) Any member, partner, shareholder, director, officer,
3holder of any other ownership interest, or agent of a business
4organization that provides behavior analysis services who
5makes clinical decisions regarding patient care without being
6licensed or exempt under this Act shall be deemed to have
7violated this Section.
8    (b) The Department may investigate any actual, alleged, or
9suspected unlicensed activity.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty.
12The order shall constitute a final judgment and may be filed
13and execution had thereon in the same manner as any judgment
14from any court of record.
15(Source: P.A. 102-953, eff. 5-27-22.)
16    (225 ILCS 6/150.1 new)
17    Sec. 150.1. Ownership exemption for certain schools and
18nonprofit organizations. Notwithstanding any provision of this
19Act and any rules adopted under this Act, a public school,
20school district, charter school, or nonprofit organization
21that is exempt or qualified for exemption from federal income
22taxes under Section 501(c)(3) of the Internal Revenue Code may
23employ or contract with a licensed behavioral analyst
24regardless of whether each individual who owns, operates, or
25manages the public school, school district, charter school, or
		SB0712 Enrolled	- 7 -	LRB104 07011 BAB 17048 b
1nonprofit organization holds a currently valid license issued
2under this Act. A public school, school district, charter
3school, or nonprofit organization that is exempt or qualified
4for exemption from federal income taxes under Section
5501(c)(3) of the Internal Revenue Code may employ, contract
6with, or otherwise engage a licensed behavioral analyst to
7perform services within his or her scope of practice if the
8licensed behavioral analyst holds a currently valid license
9issued under this Act.
10    Section 10. The Professional Service Corporation Act is
11amended by changing Section 3.6 as follows:
12    (805 ILCS 10/3.6)  (from Ch. 32, par. 415-3.6)
13    Sec. 3.6. "Related professions" and "related professional
14services" mean more than one personal service which requires
15as a condition precedent to the rendering thereof the
16obtaining of a license and which prior to October 1, 1973 could
17not be performed by a corporation by reason of law; provided,
18however, that these terms shall be restricted to:
19        (1) a combination of 2 or more of the following
20    personal services: (a) "architecture" as defined in
21    Section 5 of the Illinois Architecture Practice Act of
22    1989, (b) "professional engineering" as defined in Section
23    4 of the Professional Engineering Practice Act of 1989,
24    (c) "structural engineering" as defined in Section 5 of
		SB0712 Enrolled	- 8 -	LRB104 07011 BAB 17048 b
1    the Structural Engineering Practice Act of 1989, (d) "land
2    surveying" as defined in Section 2 of the Illinois
3    Professional Land Surveyor Act of 1989;
4        (2) a combination of the following personal services:
5    (a) the practice of medicine by persons licensed under the
6    Medical Practice Act of 1987, (b) the practice of podiatry
7    as defined in the Podiatric Medical Practice Act of 1987,
8    (c) the practice of dentistry as defined in the Illinois
9    Dental Practice Act, (d) the practice of optometry as
10    defined in the Illinois Optometric Practice Act of 1987;
11        (3) a combination of 2 or more of the following
12    personal services: (a) the practice of clinical psychology
13    by persons licensed under the Clinical Psychologist
14    Licensing Act, (b) the practice of social work or clinical
15    social work by persons licensed under the Clinical Social
16    Work and Social Work Practice Act, (c) the practice of
17    marriage and family therapy by persons licensed under the
18    Marriage and Family Therapy Licensing Act, (d) the
19    practice of professional counseling or clinical
20    professional counseling by persons licensed under the
21    Professional Counselor and Clinical Professional Counselor
22    Licensing and Practice Act, or (e) the practice of sex
23    offender evaluations by persons licensed under the Sex
24    Offender Evaluation and Treatment Provider Act; or
25        (4) a combination of 2 or more of the following
26    personal services: (a) the practice of acupuncture by
		SB0712 Enrolled	- 9 -	LRB104 07011 BAB 17048 b
1    persons licensed under the Acupuncture Practice Act, (b)
2    the practice of massage by persons licensed under the
3    Massage Therapy Practice Act, (c) the practice of
4    naprapathy by persons licensed under the Naprapathic
5    Practice Act, (d) the practice of occupational therapy by
6    persons licensed under the Illinois Occupational Therapy
7    Practice Act, (e) the practice of physical therapy by
8    persons licensed under the Illinois Physical Therapy Act,
9    or (f) the practice of speech-language therapy by persons
10    licensed under the Illinois Speech-Language Pathology and
11    Audiology Practice Act, or (g) the practice of applied
12    behavior analysis by persons licensed under the Behavior
13    Analyst Licensing Act.
14(Source: P.A. 101-95, eff. 7-19-19; 102-20, eff. 1-1-22.)
15    Section 15. The Professional Limited Liability Company Act
16is amended by changing Section 13 as follows:
17    (805 ILCS 185/13)
18    Sec. 13. Nature of business.
19    (a) A professional limited liability company may be formed
20to provide a professional service or services licensed by the
21Department except:
22        (1) the practice of dentistry unless all the members
23    and managers are licensed as dentists under the Illinois
24    Dental Practice Act;
		SB0712 Enrolled	- 10 -	LRB104 07011 BAB 17048 b
1        (2) the practice of medicine unless all the managers,
2    if any, are licensed to practice medicine under the
3    Medical Practice Act of 1987 and each member is either:
4            (A) licensed to practice medicine under the
5        Medical Practice Act of 1987;
6            (B) a registered medical corporation or
7        corporations organized pursuant to the Medical
8        Corporation Act;
9            (C) a professional corporation organized pursuant
10        to the Professional Service Corporation Act of
11        physicians licensed to practice under the Medical
12        Practice Act of 1987;
13            (D) a hospital or hospital affiliate as defined in
14        Section 10.8 of the Hospital Licensing Act; or
15            (E) a professional limited liability company that
16        satisfies the requirements of subparagraph (A), (B),
17        (C), or (D);
18        (3) the practice of real estate unless all the members
19    and managers, if any, that actively participate in the
20    real estate activities of the professional limited
21    liability company are licensed to practice as a managing
22    broker or broker pursuant to the Real Estate License Act
23    of 2000. All nonparticipating members or managers shall
24    submit affidavits of nonparticipation as required by the
25    Department and the Real Estate License Act of 2000;
26        (4) the practice of clinical psychology unless all the
		SB0712 Enrolled	- 11 -	LRB104 07011 BAB 17048 b
1    managers and members are licensed to practice as a
2    clinical psychologist under the Clinical Psychologist
3    Licensing Act;
4        (5) the practice of social work unless all the
5    managers and members are licensed to practice as a
6    clinical social worker or social worker under the Clinical
7    Social Work and Social Work Practice Act;
8        (6) the practice of marriage and family therapy unless
9    all the managers and members are licensed to practice as a
10    marriage and family therapist under the Marriage and
11    Family Therapy Licensing Act;
12        (7) the practice of professional counseling unless all
13    the managers and members are licensed to practice as a
14    clinical professional counselor or a professional
15    counselor under the Professional Counselor and Clinical
16    Professional Counselor Licensing and Practice Act;
17        (8) the practice of sex offender evaluation and
18    treatment unless all the managers and members are licensed
19    to practice as a sex offender evaluator or sex offender
20    treatment provider under the Sex Offender Evaluation and
21    Treatment Provider Act; or
22        (9) the practice of veterinary medicine unless all the
23    managers and members are licensed to practice as a
24    veterinarian under the Veterinary Medicine and Surgery
25    Practice Act of 2004.
26    (b) Notwithstanding any provision of this Section, any of
		SB0712 Enrolled	- 12 -	LRB104 07011 BAB 17048 b
1the following professional services may be combined and
2offered within a single professional limited liability company
3provided that each professional service is offered only by
4persons licensed to provide that professional service and all
5managers and members are licensed in at least one of the
6professional services offered by the professional limited
7liability company:
8        (1) the practice of medicine by physicians licensed
9    under the Medical Practice Act of 1987, the practice of
10    podiatry by podiatric physicians licensed under the
11    Podiatric Medical Practice Act of 1987, the practice of
12    dentistry by dentists licensed under the Illinois Dental
13    Practice Act, and the practice of optometry by
14    optometrists licensed under the Illinois Optometric
15    Practice Act of 1987;
16        (2) the practice of clinical psychology by clinical
17    psychologists licensed under the Clinical Psychologist
18    Licensing Act, the practice of social work by clinical
19    social workers or social workers licensed under the
20    Clinical Social Work and Social Work Practice Act, the
21    practice of marriage and family counseling by marriage and
22    family therapists licensed under the Marriage and Family
23    Therapy Licensing Act, the practice of professional
24    counseling by professional counselors and clinical
25    professional counselors licensed under the Professional
26    Counselor and Clinical Professional Counselor Licensing
		SB0712 Enrolled	- 13 -	LRB104 07011 BAB 17048 b
1    and Practice Act, and the practice of sex offender
2    evaluation and treatment by sex offender evaluators and
3    sex offender treatment providers licensed under the Sex
4    Offender Evaluation and Treatment Provider Act;
5        (3) the practice of architecture by persons licensed
6    under the Illinois Architecture Practice Act of 1989, the
7    practice of professional engineering by persons licensed
8    under the Professional Engineering Practice Act of 1989,
9    the practice of structural engineering by persons licensed
10    under the Structural Engineering Practice Act of 1989, and
11    the practice of land surveying by persons licensed under
12    the Illinois Professional Land Surveyor Act of 1989; or
13        (4) the practice of acupuncture by persons licensed
14    under the Acupuncture Practice Act, the practice of
15    massage by persons licensed under the Massage Licensing
16    Act, the practice of naprapathy by persons licensed under
17    the Naprapathic Practice Act, the practice of occupational
18    therapy by persons licensed under the Illinois
19    Occupational Therapy Practice Act, the practice of
20    physical therapy by persons licensed under the Illinois
21    Physical Therapy Act, the practice of applied behavior
22    analysis by persons licensed under the Behavior Analyst
23    Licensing Act, and the practice of speech-language
24    pathology by persons licensed under the Illinois
25    Speech-Language Pathology and Audiology Practice Act.
26(Source: P.A. 102-970, eff. 5-27-22.)
		SB0712 Enrolled	- 14 -	LRB104 07011 BAB 17048 b
1    Section 99. Effective date. This Act takes effect upon
2becoming law.