HB 4769

Abstract

Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts, assistant behavior analysts, and behavior technicians by the Department of Financial and Professional Regulation. Contains provisions concerning licensure requirements, qualifications, the Board of Behavior Analysts, provisional licenses, and rules. Amends the Illinois Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when ordered by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately. House Floor Amendment No. 2 Removes language providing that each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Illinois State Police in the form and manner prescribed by the Illinois State Police. Provides instead that each applicant for licensure as an assistant behavior analyst shall have his or her fingerprints submitted to the Illinois State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Illinois State Police. Provides that the criminal history record databases to be checked include, but are not limited to, civil, criminal, and latent fingerprint databases. Provides that the fee charged by the Illinois State Police for conducting the criminal history records check shall not exceed the actual cost of the records check (rather than the actual cost of the Illinois and national criminal history record check). Provides that the Illinois State Police shall furnish records of Illinois convictions as prescribed under the Illinois Uniform Conviction Information Act and shall forward the national criminal history record information to the Department. Senate Committee Amendment No. 1 Adds reference to: 5 ILCS 80/4.41 new 320 ILCS 20/2 from Ch. 23, par. 6602 325 ILCS 5/4 Replaces everything after the enacting clause. Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts and assistant behavior analysts. Creates the Behavior Analyst Licensing and Disciplinary Board. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation. Provides grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings and rehearings. Provides for judicial review of all final administrative decisions of the Department. Contains provisions concerning orders, license restrictions and limitations, examinations, and Social Security Numbers on license applications. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Makes corresponding changes to the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Amends the Illinois Public Aid Code to provide that treatment of autism spectrum disorder through applied behavior analysis shall be covered under the medical assistance program for children with a diagnosis of autism spectrum disorder when evaluated and treated by a behavior analyst licensed by the Department of Financial and Professional Regulation to practice applied behavior analysis in the State of Illinois. Effective immediately. Senate Committee Amendment No. 2 Adds reference to: 5 ILCS 80/4.38 320 ILCS 20/2 from Ch. 23, par. 6602 325 ILCS 5/4 Replaces everything after the enacting clause. Creates the Behavior Analyst Licensing Act. Provides for the licensure of behavior analysts and assistant behavior analysts. Creates the Behavior Analyst Licensing and Disciplinary Board. Provides qualifications for licensure application, including for those who have met certain requirements before the effective date of the Act. Establishes the powers and duties of the Department of Financial and Professional Regulation. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings and rehearings. Provides for judicial review of all final administrative decisions of the Department. Provides for provisions concerning orders, license restrictions and limitations, examinations, and Social Security Numbers on license applications. Amends the Regulatory Sunset Act. Repeals the Act on January 1, 2028. Makes corresponding changes to the Adult Protective Services Act and the Abused and Neglected Child Reporting Act. Effective immediately. Senate Floor Amendment No. 3 Provides that the Behavior Analyst Licensing Act does not prohibit a speech-language pathologist and an audiologist from performing or advertising activities that are considered to be the practice of applied behavior analysis if the activities are consistent with the laws of the State, the individual's training, and any code of ethics of the individual's respective professions. Provides that no licensed behavior analyst or licensed assistant behavior analyst shall engage in the practice of speech-language pathology or the practice of audiology, as defined in the Illinois Speech-Language Pathology and Audiology Practice Act, unless licensed to do so under that Act.