Bill Amendment: IL HB4769 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: BEHAVIOR ANALYST LICENSING ACT

Status: 2022-05-27 - Public Act . . . . . . . . . 102-0953 [HB4769 Detail]

Download: Illinois-2021-HB4769-Senate_Amendment_001.html

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Sen. Scott M. Bennett

Filed: 3/17/2022

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AMENDMENT TO HOUSE BILL 4769
AMENDMENT NO. ______. Amend House Bill 4769 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Behavior Analyst Licensing Act.
Section 5. Public policy. The practice of applied behavior
analysis is declared to affect public health, safety, and
welfare and is subject to regulation in the public interest.
The purpose of this Act is to protect and benefit the public by
setting standards of qualifications, education, training, and
experience for those who seek to obtain a license and hold the
title of "licensed behavior analyst" or "licensed assistant
behavior analyst", to promote high standards of professional
performance for those licensed to practice applied behavior
analysis in the State, to protect the public from the practice
of applied behavior analysis by unqualified persons and from

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unprofessional conduct by persons licensed to practice applied
behavior analysis.
Section 10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit.
"Board" means the Advisory Board of Behavior Analysts
appointed by the Secretary.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
"Licensed assistant behavior analyst" means an individual
licensed under this Act to engage in practice as an assistant
behavior analyst under the supervision of a licensed behavior
analyst or a licensed clinical psychologist.
"Licensed behavior analyst" means an individual licensed
to engage in the practice of applied behavior analysis.
"Practice of applied behavior analysis" means the design,
implementation, and evaluation of instructional and
environmental modifications to produce socially significant
improvement in human behavior. "Practice of applied behavior

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analysis" includes the empirical identification of functional
relations between behavior environmental factors, known as
functional assessment and analysis. Applied behavior analysis
interventions are based on scientific research and the direct
observation and measurement of behavior and environment.
Applied behavior analysis interventions utilize contextual
factors, motivating operations, antecedent stimuli, positive
reinforcement, and other procedures to help individuals
develop new behaviors, increase or decrease existing
behaviors, and elicit behaviors under specific environmental
conditions. The practice of applied behavior analysis excludes
the diagnosis of disorders, psychological testing,
psychotherapy, cognitive therapy, psychoanalysis, and
counseling.
"Secretary" means the Secretary of Financial and
Professional Regulation.
Section 15. Address of record; email address of record.
All applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after the
change, either through the Department's website or by

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contacting the Department's licensure maintenance unit.
Section 20. License required; exemptions.
(a) Beginning 30 months after the effective date of this
Act, an individual shall not engage in the practice of applied
behavior analysis unless licensed under this Act or covered by
an exemption under subsection (c).
(a-5) An individual licensed under this Act as an
assistant behavior analyst shall not engage in the practice of
applied behavior analysis unless supervised by a licensed
clinical psychologist or licensed behavior analyst.
(b) Beginning 24 months after the effective date of this
Act, an individual shall not use the title "licensed behavior
analyst", "L.B.A.", "licensed assistant behavior analyst",
"L.A.B.A.", or similar words or letters indicating the
individual is licensed as a behavior analyst or assistant
behavior analyst unless the individual is actually licensed
under this Act.
(c) This Act does not prohibit any of the following:
(1) Self-care by a patient or uncompensated care by a
friend or family member who does not represent or hold
oneself out to be a behavior analyst or assistant behavior
analyst.
(2) An individual from implementing a behavior
analytic treatment plan under the extended authority,
direction, and supervision of a licensed behavior analyst

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or licensed assistant behavior analyst.
(3) A clinical psychologist, social worker,
psychiatric nurse, professional counselor, clinical
professional counselor, clinical social worker, or
marriage and family therapist from performing or
advertising activities that are considered to be the
practice of applied behavior analysis under this Act if
the activities are consistent with the laws of this State,
the individual's training, and any code of ethics of the
individual's respective professions, so long as the
individual does not use the titles provided in subsection
(b).
(4) An individual from performing activities that are
considered to be the practice of applied behavior analysis
under this Act if the activities are with nonhumans,
including applied animal behaviorists and animal trainers.
The individual may use the title "behavior analyst" but
shall not represent oneself as a licensed behavior analyst
or licensed assistant behavior analyst unless the
individual holds a license issued by the State.
(5) An individual who provides general applied
behavior analysis services to organizations, so long as
the services are for the benefit of the organizations and
do not involve direct services to individuals. The
individual may use the title "behavior analyst" but may
not represent oneself as a licensed behavior analyst or

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licensed assistant behavior analyst unless the individual
holds a license issued by the State.
(6) An individual who is a matriculated student at a
nationally accredited university approved in rules or a
postdoctoral fellow from performing activities that are
considered to be the practice of applied behavior analysis
under this Act if the activities are part of a defined
program of study, course, practicum, internship, or
postdoctoral fellowship, provided that the applied
behavior analysis activities are directly supervised by a
licensed behavior analyst under this Act or a licensed
clinical psychologist.
(7) An individual who is not licensed under this Act
from pursuing field experience in the practice of behavior
analysis if the experience is supervised by a licensed
behavior analyst or a licensed psychologist.
(8) An individual with a learning behavior specialist
or school support personnel endorsement from the State
Board of Education, the school district in which the
school is located, or a special education joint agreement
serving the school district in which the school is located
from delivering behavior analytic services in a school
setting when employed by that school as long as those
services are defined in the scope of practice for that
endorsement and that person is not in any manner held out
to the public as a licensed behavior analyst or licensed

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assistant behavior analyst.
(9) A qualified intellectual disabilities
professional, meeting the minimum federal education
requirements outlined in 42 CFR 483.430, who is performing
the duties required for individuals with intellectual or
developmental disabilities in programs and facilities
regulated by the federal Centers for Medicare and Medicaid
Services, the Department of Human Services, or the
Department of Public Health, so long as the individual
does not use the titles provided in subsection (b).
(10) A service provider, designated by the Department
of Human Services, from providing behavior intervention
and treatment, so long as the individual does not use the
titles provided in subsection (b).
(d) This Act does not apply to an individual who, on the
effective date of this Act, is engaging in the practice of
applied behavior analysis under the medical assistance program
under the Illinois Public Aid Code while that individual is
seeking the education, training, and experience necessary to
obtain a license under this Act.
Section 25. Applications for original license. An
application for original licenses shall be made to the
Department on forms or electronically as prescribed by the
Department and accompanied by the required fee, which shall
not be refundable. All applications shall contain information

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which, in the judgment of the Department, will enable the
Department to pass on the qualifications of the applicant for
a license as a licensed behavior analyst or licensed assistant
behavior analyst.
A license to practice shall not be denied to an applicant
because of the applicant's race, religion, creed, national
origin, political beliefs or activities, age, sex, sexual
orientation, or physical disability that does not affect a
person's ability to practice with reasonable judgment, skill,
or safety.
For a person who has successfully completed a graduate
degree from a nationally or regionally accredited university
approved by the Department and can demonstrate that the person
has passed a competency examination authorized by the
Department before the effective date of this Act, the
Department may allow that person to apply for licensure under
the terms of this Act beginning 20 months after the effective
date of this Act.
An applicant has 3 years after the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet
the requirements in effect at the time of reapplication.
Section 30. Qualifications for behavior analyst license.
(a) A person qualifies to be licensed as a behavior

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analyst if that person:
(1) has applied in writing or electronically on forms
prescribed by the Department;
(2) is a graduate of a graduate level program in the
field of behavior analysis from a regionally accredited
university approved by the Department;
(3) has completed at least 200 hours of supervision of
behavior analysis, as defined by rule. If no supervised
work experience was required for certification as a
behavior analyst at the time the applicant passed the
examination required in paragraph (5) prior to the
effective date of this Act, then the person does not need
to satisfy this requirement to be licensed in the State as
long as the applicant has satisfied all of the other
requirements;
(4) has passed the examination for the practice of
behavior analysis as authorized by the Department; and
(5) has paid the required fees.
(b) An applicant has 3 years after the date of application
to complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(c) 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

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with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois State Police. These fingerprints shall be transmitted
through a live scan fingerprint vendor licensed by the
Department. These fingerprints shall be checked against the
Illinois State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed,
including, but not limited to, civil, criminal, and latent
fingerprint databases. The Illinois State Police shall charge
a fee for conducting the criminal history records check, which
shall be deposited in the State Police Services Fund and shall
not exceed the actual cost of the records check. The Illinois
State Police shall furnish, pursuant to positive
identification, 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.
Section 35. Qualifications for assistant behavior analyst
license.
(a) A person qualifies to be licensed as an assistant
behavior analyst if that person:
(1) has applied in writing or electronically on forms
prescribed by the Department;
(2) is a graduate of a bachelor's level program in the
field of behavior analysis from a regionally accredited

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university approved by the Department;
(3) has met the supervised work experience required
for certification as an assistant behavior analyst in
effect at the time the applicant passed the examination
required in paragraph (4);
(4) has passed the examination for the practice of
behavior analysis as a licensed assistant behavior analyst
as authorized by the Department; and
(5) has paid the required fees.
(b) An applicant has 3 years after the date of application
to complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(c) 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. These fingerprints shall be transmitted
through a live scan fingerprint vendor licensed by the
Department. These fingerprints shall be checked against the
Illinois State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed,
including, but not limited to, civil, criminal, and latent
fingerprint databases. The Illinois State Police shall charge

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a fee for conducting the criminal history records check, which
shall be deposited in the State Police Services Fund and shall
not exceed the actual cost of the records check. The Illinois
State Police shall furnish, pursuant to positive
identification, 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.
Section 40. Endorsement. The Department may issue a
license as a behavior analyst or assistant behavior analyst to
an applicant licensed under the laws of another jurisdiction
if the requirements for licensure in that jurisdiction are, on
the date of licensure, substantially equivalent to the
requirements of this Act or to any person who, at the time of
the applicant's licensure, possessed individual qualifications
that were substantially equivalent to the requirements then in
force in this State.
An applicant under this Section shall pay the required
fees. An individual applying for licensure as a licensed
behavior analyst or assistant behavior analyst who has been
licensed in another United States jurisdiction for 10
consecutive years without discipline is not required to submit
proof of completion of the education, professional experience,
and supervision required in Section 25 or 30.
An individual with 10 consecutive years of experience must

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submit certified verification of licensure from the
jurisdiction in which the applicant practiced and must comply
with all other licensing requirements and pay all required
fees. If the accuracy of any submitted documentation or the
relevance or sufficiency of the coursework or experience is
questioned by the Department or the Board because of a lack of
information, discrepancies or conflicts in information given,
or a need for clarification, the applicant seeking licensure
may be required to provide additional information.
An applicant has 3 years after the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
shall be forfeited, and the applicant must reapply and meet
the requirements in effect at the time of reapplication.
Section 45. Behavior Analyst Licensing and Disciplinary
Board.
(a) The Secretary shall appoint a Behavior Analyst
Licensing and Disciplinary Board consisting of 5 persons who
shall serve in an advisory capacity to the Secretary. The
Board shall consist of the following 5 members appointed by
the Secretary: one licensed behavior analyst holding a
doctoral degree, one licensed assistant behavior analyst, 2
licensed behavior analysts, and one public member. The Board
shall serve in an advisory capacity.
(b) Members shall be appointed for and shall serve 4-year

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terms and until the members' successors are appointed and
qualified. No member of the Board shall serve more than 2 full
consecutive 4-year terms. Any appointment to fill a vacancy
shall be for the unexpired portion of the term.
(c) The membership of the Board should represent racial
and cultural diversity and reasonably reflect representation
from different geographic areas of the State.
(d) The Secretary may remove any member of the Board for
any cause that, in the opinion of the Secretary, reasonably
justifies termination.
(e) The Secretary may consider the recommendation of the
Board on all matters and questions relating to this Act, such
as: (i) matters relating to continuing education, including
the number of hours necessary for license renewal, waivers for
those unable to meet such requirements, and acceptable course
content; and (ii) rules for the administration of this Act.
(f) The Board shall annually elect one of its members as
chairperson and one as vice chairperson.
(g) Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
(h) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to perform all of
the duties of the Board.
(i) Members of the Board shall have no liability in an
action based upon a disciplinary proceeding or other activity

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performed in good faith as a member of the Board.
Section 50. Licenses; renewal; restoration; person in
military service; inactive status.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. The
licensee may renew a license during the 60-day period
preceding its expiration date by paying the required fee and
by demonstrating compliance with any continuing education
requirements. The Department shall adopt rules establishing
minimum requirements for continuing education and means for
verification of the completion of the continuing education
requirements. The Department may, by rule, specify
circumstances under which the continuing education
requirements may be waived.
(b) Any person who has permitted a license to expire or who
has a license on inactive status may have it restored by
submitting an application to the Department and filing proof
of fitness, as defined by rule, to have the license restored,
including, if appropriate, evidence that is satisfactory to
the Department certifying the active practice of behavior
analysis in another jurisdiction and by paying the required
fee.
(c) If the person has not maintained an active practice in
another jurisdiction that is satisfactory to the Department,
the Department shall determine the person's fitness to resume

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active status. The Department may also require the person to
complete a specific period of evaluated behavior analysis
experience and may require successful completion of an
examination.
(d) Notwithstanding any other provision of this Act, any
person whose license expired while on active duty with the
armed forces of the United States, while called into service
or training with the State Militia or in training or education
under the supervision of the United States government prior to
induction into the military service may have the person's
license restored without paying any renewal fees if, within 2
years after the honorable termination of that service,
training, or education, except under conditions other than
honorable, the Department is furnished with satisfactory
evidence that the person has been so engaged and that the
service, training, or education has been so terminated.
(e) The Department shall indicate on each license the
academic degree of the licensee.
Section 55. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or

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the Criminal Code of 2012. A person whose license or other
authorization to practice is suspended under this Section is
prohibited from practicing until the restitution is made in
full.
Section 60. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license,
or may suspend, revoke, place on probation, reprimand, or take
any other disciplinary or nondisciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $10,000 for each violation, with regard to
any license issued under the provisions of this Act for any one
or a combination of the following grounds:
(1) material misstatements in furnishing information
to the Department or to any other State agency or in
furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(2) violations or negligent or intentional disregard
of this Act or its rules;
(3) conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element

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of which is dishonesty, or that is directly related to the
practice of behavior analysis;
(4) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal or restoration of a license under
this Act;
(5) professional incompetence;
(6) gross negligence in practice under this Act;
(7) aiding or assisting another person in violating
any provision of this Act or its rules;
(8) failing to provide information within 60 days in
response to a written request made by the Department;
(9) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by the rules of the
Department or violating the rules of professional conduct
adopted by the Department;
(10) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances that results in the inability to
practice with reasonable judgment, skill, or safety;
(11) adverse action taken by another state or
jurisdiction if at least one of the grounds for the
discipline is the same or substantially equivalent to
those set forth in this Section;
(12) directly or indirectly giving to or receiving

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from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for any professional service not actually
rendered; nothing in this paragraph affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law; any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this
Act; nothing in this paragraph shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(13) a finding by the Department that the licensee,
after having the license placed on probationary status,
has violated the terms of probation or failed to comply
with those terms;
(14) abandonment, without cause, of a client;
(15) willfully making or filing false records or
reports relating to a licensee's practice, including, but
not limited to, false records filed with federal or State
agencies or departments;
(16) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act;

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(17) being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(18) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill, or safety;
(19) solicitation of professional services by using
false or misleading advertising;
(20) violation of the Health Care Worker Self-Referral
Act;
(21) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act; or
(22) being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.

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(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of the licensee's
license. The suspension shall end upon a finding by a court
that the licensee is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to
resume professional practice.
(c) The Department shall refuse to issue or renew or may
suspend the license of a person who (i) fails to file a tax
return, pay the tax, penalty, or interest shown in a filed tax
return, or pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied or (ii) has failed to pay any court-ordered
child support as determined by a court order or by referral
from the Department of Healthcare and Family Services.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel a person licensed
to practice under this Act, or who has applied for licensure
under this Act, to submit to a mental or physical examination,
or both, which may include a substance abuse or sexual
offender evaluation, as required by and at the expense of the
Department.

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(1) The Department shall specifically designate the
examining physician licensed to practice medicine in all
of its branches or, if applicable, the multidisciplinary
team involved in providing the mental or physical
examination or both. The multidisciplinary team shall be
led by a physician licensed to practice medicine in all of
its branches and may consist of one or more or a
combination of physicians licensed to practice medicine in
all of its branches, licensed clinical psychologists,
licensed clinical behavior analysts, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of
the multidisciplinary team may require any person ordered
to submit to an examination pursuant to this Section to
submit to any additional supplemental testing deemed
necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
(2) The Department may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning this mental or physical examination
of the licensee or applicant. No information, report,
record, or other documents in any way related to the
examination shall be excluded by reason of any common law
or statutory privilege relating to communications between

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the licensee or applicant and the examining physician or
any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to
undergo an examination for the examining physician or any
member of the multidisciplinary team to provide
information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation.
(3) The person to be examined may have, at the
person's own expense, another physician of the person's
choice present during all aspects of the examination.
However, that physician shall be present only to observe
and may not interfere in any way with the examination.
(4) The failure of any person to submit to a mental or
physical examination without reasonable cause, when
ordered, shall result in an automatic suspension of the
person's license until the person submits to the
examination.
(e) If the Department finds a person unable to practice
because of the reasons set forth in this Section, the
Department or Board may require that person to submit to care,
counseling, or treatment by physicians approved or designated
by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the

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Department to file, a complaint to immediately suspend,
revoke, or otherwise discipline the license of the person. Any
person whose license was granted, continued, reinstated,
renewed, disciplined, or supervised subject to the terms,
conditions, or restrictions, and who fails to comply with the
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person shall
have the person's license suspended immediately, pending a
hearing by the Department.
(f) All fines imposed shall be paid within 60 days after
the effective date of the order imposing the fine or in
accordance with the terms set forth in the order imposing the
fine.
If the Secretary immediately suspends a person's license
under this subsection, a hearing on that person's license must
be convened by the Department within 30 days after the
suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject person's record of treatment and counseling regarding
the impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
Department or Board that the person can resume practice in
compliance with acceptable and prevailing standards under the

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provisions of the person's license.
Section 65. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated in this Act as if all of the
provisions of the Illinois Administrative Procedure Act were
included in this Act, except that the provision of subsection
(d) of Section 10-65 of the Illinois Administrative Procedure
Act is expressly excluded, which provides that at hearings the
license holder has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
a license. For the purposes of this Act, the notice required
under Section 10-25 of the Illinois Administrative Procedure
Act is deemed sufficient when served personally upon, mailed
to the last known address of record of, or emailed to the email
address of record of a party.
Section 70. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a licensed
behavior analyst or licensed assistant behavior analyst
without being licensed or exempt under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense, as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is

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held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a final judgment and may be filed
and execution had thereon in the same manner as any judgment
from any court of record.
Section 75. Violations; injunction; cease and desist
order.
(a) If an individual violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General or the State's Attorney
of the county in which the violation is alleged to have
occurred, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing
of a verified petition, the court with appropriate
jurisdiction may issue a temporary restraining order without
notice or bond, and may preliminarily and permanently enjoin
the violation. If it is established that the individual has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section are in addition to all other remedies and penalties

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provided by this Act.
(b) If an individual holds oneself out as being a licensed
behavior analyst or a licensed assistant behavior analyst
under this Act and is not licensed to do so, then any licensed
behavior analyst, licensed assistant behavior analyst,
interested party, or any person injured thereby may petition
for relief as provided in subsection (a).
(c) Whenever, in the opinion of the Department, an
individual violates a provision of this Act, the Department
may issue a rule to show cause why an order to cease and desist
should not be entered against that person. The rule shall
clearly set forth the grounds relied upon by the Department
and shall allow at least 7 days from the date of the rule to
file an answer satisfactory to the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued.
Section 80. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensure Acts and shall exercise other
powers and duties necessary for effectuating the purposes of
this Act.
(b) The Department shall adopt rules to administer and
enforce this Act, including, but not limited to, fees for
original licensure and renewal and restoration of licenses,

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and may prescribe forms to be issued to implement this Act. At
a minimum, the rules adopted by the Department shall include
standards and criteria for licensure and for professional
conduct and discipline. The Department may consult with the
Board in adopting rules. The Department may at any time seek
the advice and expert knowledge of the Board on any matter
relating to the administration of this Act.
(c) Subject to the provisions of this Act, the Department
shall:
(1) Authorize examinations to ascertain the
qualifications and fitness of applicants for licensing as
licensed behavior analysts or licensed assistant behavior
analysts and pass upon the qualifications of applicants
for licensure by endorsement.
(2) Conduct hearings or proceedings to refuse to issue
or renew or to revoke licenses or suspend, place on
probation, censure, or reprimand or take any other
disciplinary or nondisciplinary action with regard to a
person licensed under this Act.
(3) Adopt rules required for the administration of
this Act.
(4) Conduct investigations related to possible
violations of this Act, and prescribe forms to be issued
for the administration and enforcement of this Act
consistent with and reflecting the requirements of this
Act and rules adopted pursuant to this Act.

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(d) All information collected by the Department in the
course of an examination or investigation of a licensee or
applicant, including, but not limited to, any complaint
against a licensee filed with the Department and information
collected to investigate any complaint, shall be maintained
for the confidential use of the Department and shall not be
disclosed. The Department may not disclose the information to
anyone other than law enforcement officials, other regulatory
agencies that have an appropriate regulatory interest as
determined by the Secretary, or to a party presenting a lawful
subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for
any purpose to any other agency or person. A formal complaint
filed against a licensee by the Department or any order issued
by the Department against a licensee or applicant shall be a
public record, except as otherwise prohibited by law.
Section 85. Investigations; notice; hearing.
(a) The Department may investigate the actions of any
applicant or of any person holding or claiming to hold a
license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the applicant or licensee of
the charges made and the time and place for the hearing on the

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charges; (ii) direct the applicant or licensee to file a
written answer to the charges under oath within 20 days after
the service of the notice; and (iii) inform the applicant or
licensee that failure to file an answer will result in a
default being entered against the applicant or licensee.
(c) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at the
applicant's or licensee's address of record or email address
of record.
(d) At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties
or the parties' counsel shall be accorded ample opportunity to
present any statements, testimony, evidence and argument as
may be pertinent to the charges or to the parties' defense. The
Board may continue the hearing from time to time.
If the person, after receiving the notice, fails to file
an answer, the person's license may, in the discretion of the
Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Secretary considers proper, including limiting the scope,
nature, or extent of the person's practice or the imposition
of a fine, without hearing, if the act or acts charged
constitute sufficient grounds for that action under this Act.

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Section 90. Subpoenas; depositions; oaths. The Department
shall have the power to subpoena and to bring before it any
person and to take testimony either orally or by deposition,
or both, with the same fees and mileage and in the same manner
as prescribed in civil cases in the courts of this State.
The Secretary and every member of the Board shall have
power to administer oaths to witnesses at any hearing which
the Department is authorized to conduct, and any other oaths
authorized in any Act administered by the Department.
Section 95. Compelling testimony. Any court, upon
application of the Department, or the applicant or licensee
against whom proceedings under Section 55 are pending, may
enter an order requiring the attendance of witnesses and the
witnesses' testimony, and the production of documents, papers,
files, books and records in connection with any hearing or
investigation. The court may compel obedience to its order by
proceedings for contempt.
Section 100. Record of proceedings; transcript.
(a) The Department, at its expense, shall preserve a
record of all proceedings at any formal hearing of any case.
The notice of hearing, complaint and all other documents in
the nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board, and the orders of the Department shall be the record of

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the proceedings. The Department shall furnish a copy of the
record to any person upon payment of the fee required under
Section 2105-115 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois.
(b) The Board shall hear evidence in support of the formal
charges and evidence produced by the licensee. At the
conclusion of the hearing, the Board shall present to the
Secretary a written report of its findings of fact,
conclusions of law, and recommendations.
Section 105. Findings and recommendations. At the
conclusion of the hearing the Board shall present to the
Secretary a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding as to whether the licensee violated this Act
or failed to comply with the conditions required in this Act.
The Board shall specify the nature of the violation or failure
to comply, and shall make its recommendations to the
Secretary.
The report of findings of fact, conclusions of law, and
recommendations of the Board shall be the basis for the
Department's order or refusal or for the granting of the
license or for any disciplinary action, unless the Secretary
determines that the Board's report is contrary to the manifest
weight of the evidence, in which case the Secretary may issue
an order in contravention of the Board's report. The finding

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is not admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution
brought for the violation of this Act.
Section 110. Motion for rehearing. At the conclusion of
the hearing, a copy of the Board's report shall be served to
the applicant or licensee by the Department, either personally
or as provided in this Act for the service of a notice of
hearing. Within 20 calendar days after service, the applicant
or licensee may present to the Department a motion in writing
for a rehearing, which shall specify the particular grounds
for rehearing. The Department may respond to the motion for
rehearing within 20 calendar days after its service on the
Department. If no motion for rehearing is filed, then after
the expiration of the time specified for filing the motion, or
upon denial of a motion for rehearing, the Secretary may enter
an order in accordance with the recommendation of the Board.
If the applicant or licensee orders from the reporting service
and pays for a transcript of the record within the time for
filing a motion for rehearing, the 20-day period within which
a motion may be filed shall commence upon the delivery of the
transcript to the applicant or licensee.
Section 115. Restoration. At any time after the successful
completion of a term of probation, suspension, or revocation

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of any license, the Department may restore the license to the
licensee upon the written recommendation of the Board unless
after an investigation and hearing the Board or Department
determines that restoration is not in the public interest.
Where circumstances of suspension or revocation so indicate,
the Department may require an examination of the licensee
prior to restoring the licensee's license. No person whose
license has been revoked as authorized in this Act may apply
for restoration of that license until the time provided for in
the Civil Administrative Code of Illinois.
Section 120. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall immediately
surrender the licensee's license to the Department. If the
licensee fails to do so, the Department shall have the right to
seize the license.
Section 125. Summary suspension of a license. The
Secretary may summarily suspend the license of a licensed
behavior analyst or assistant behavior analyst without a
hearing simultaneously with the institution of proceedings for
a hearing provided for in this Act if the Secretary finds that
evidence in the Secretary's possession indicates that a
licensee's continuation in practice would constitute an
imminent danger to the public. If the Secretary summarily
suspends the license without a hearing, a hearing by the Board

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or Department shall be held within 30 calendar days after the
suspension has occurred.
Section 130. Administrative review.
(a) All final administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto. "Administrative decision" has the same
meaning as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of the
State, the venue shall be in Sangamon County.
Section 135. Certification of record. The Department shall
not be required to certify any record to the court, file any
answer in court, or otherwise appear in any judicial review
proceedings, unless and until the Department has received from
the plaintiff payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Department. The failure on the part of the plaintiff to file a
receipt in court shall be grounds for dismissal of the action.
Section 140. Fees. The Department shall provide by rule
for a schedule of fees for the administration and enforcement

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of this Act, including, but not limited to, original
licensure, registration, renewal, and restoration. The fees
shall be nonrefundable.
All fees, fines, and penalties collected under this Act
shall be deposited into the General Professions Dedicated Fund
and shall be appropriated to the Department for the ordinary
and contingent expenses of the Department in the
administration of this Act.
Section 145. Order; certified copy. An order or a
certified copy thereof, over the seal of the Department and
purporting to be signed by the Secretary, shall be prima facie
proof:
(1) that the signature is the genuine signature of the
Secretary;
(2) that the Secretary is duly appointed and
qualified; and
(3) that the Board and its members are qualified to
act.
Section 150. License restrictions and limitations. No
business organization shall provide, attempt to provide, or
offer to provide behavior analysis services unless every
member, partner, shareholder, director, officer, holder of any
other ownership interest, agent, and employee who renders
applied behavior analysis services holds a currently valid

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license issued under this Act. No business shall be created
that (i) has a stated purpose that includes behavior analysis,
or (ii) practices or holds itself out as available to practice
behavior analysis therapy, unless it is organized under the
Professional Service Corporation Act or Professional Limited
Liability Company Act. Nothing in this Act shall preclude
individuals licensed under this Act from practicing directly
or indirectly for a physician licensed to practice medicine in
all its branches under the Medical Practice Act of 1987 or for
any legal entity as provided under subsection (c) of Section
22.2 of the Medical Practice Act of 1987.
Section 155. Examinations.
(a) The Department shall authorize examinations of
applicants as behavior analysts at such times and places as it
may determine. The examination of applicants shall be of a
character to give a fair test of the qualifications of the
applicant to practice behavior analysis.
(b) Applicants for examination as behavior analysts shall
be required to pay, either to the Department or the designated
testing service, a fee covering the cost of providing the
examination.
(c) The Department may employ consultants for the purpose
of preparing and conducting examinations.
Section 160. Social Security Number on license

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application. In addition to any other information required to
be contained in the application, every application for an
original license under this Act shall include the applicant's
Social Security Number, which shall be retained in the
agency's records pertaining to the license. As soon as
practical, the Department shall assign a customer's
identification number to each applicant for a license.
Every application for a renewal or restored license shall
require the applicant's customer identification number.
Section 900. The Regulatory Sunset Act is amended by
adding Section 4.41 as follows:
(5 ILCS 80/4.41 new)
Sec. 4.41. Act repealed on January 1, 2032. The following
Act is repealed on January 1, 2032:
The Behavior Analyst Licensing Act.
Section 903. The Illinois Public Aid Code is amended by
changing Section 5-30.11 as follows:
(305 ILCS 5/5-30.11)
Sec. 5-30.11. Treatment of autism spectrum disorder.
Treatment of autism spectrum disorder through applied behavior
analysis shall be covered under the medical assistance program
under this Article for children with a diagnosis of autism

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spectrum disorder when ordered by: (1) a physician licensed to
practice medicine in all its branches and rendered by a
licensed or certified health care professional with expertise
in applied behavior analysis; or (2) when evaluated and
treated by a behavior analyst licensed by the Department of
Financial and Professional Regulation to practice applied
behavior analysis in this State. Such coverage may be limited
to age ranges based on evidence-based best practices.
Appropriate State plan amendments as well as rules regarding
provision of services and providers will be submitted by
September 1, 2019.
(Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
Section 905. The Adult Protective Services Act is amended
by changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care

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professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, abandons,
neglects, or financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily

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living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;
(4) A hospital, sanitarium, or other institution, the

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principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through
(9) of subsection (d), if either: (i) the alleged abuse,

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abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social

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Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the

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tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care
Ombudsman;
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing
services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an

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eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the

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Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22.)

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Section 910. The Abused and Neglected Child Reporting Act
is amended by changing Section 4 as follows:
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged
communications; transmitting false report.
(a) The following persons are required to immediately
report to the Department when they have reasonable cause to
believe that a child known to them in their professional or
official capacities may be an abused child or a neglected
child:
(1) Medical personnel, including any: physician
licensed to practice medicine in any of its branches
(medical doctor or doctor of osteopathy); resident;
intern; medical administrator or personnel engaged in the
examination, care, and treatment of persons; psychiatrist;
surgeon; dentist; dental hygienist; chiropractic
physician; podiatric physician; physician assistant;
emergency medical technician; acupuncturist; registered
nurse; licensed practical nurse; advanced practice
registered nurse; genetic counselor; respiratory care
practitioner; home health aide; or certified nursing
assistant.
(2) Social services and mental health personnel,
including any: licensed professional counselor; licensed
clinical professional counselor; licensed social worker;

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licensed clinical social worker; licensed psychologist or
assistant working under the direct supervision of a
psychologist; associate licensed marriage and family
therapist; licensed marriage and family therapist; field
personnel of the Departments of Healthcare and Family
Services, Public Health, Human Services, Human Rights, or
Children and Family Services; supervisor or administrator
of the General Assistance program established under
Article VI of the Illinois Public Aid Code; social
services administrator; or substance abuse treatment
personnel.
(3) Crisis intervention personnel, including any:
crisis line or hotline personnel; or domestic violence
program personnel.
(4) Education personnel, including any: school
personnel (including administrators and certified and
non-certified school employees); personnel of institutions
of higher education; educational advocate assigned to a
child in accordance with the School Code; member of a
school board or the Chicago Board of Education or the
governing body of a private school (but only to the extent
required under subsection (d)); or truant officer.
(5) Recreation or athletic program or facility
personnel.
(6) Child care personnel, including any: early
intervention provider as defined in the Early Intervention

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Services System Act; director or staff assistant of a
nursery school or a child day care center; or foster
parent, homemaker, or child care worker.
(7) Law enforcement personnel, including any: law
enforcement officer; field personnel of the Department of
Juvenile Justice; field personnel of the Department of
Corrections; probation officer; or animal control officer
or field investigator of the Department of Agriculture's
Bureau of Animal Health and Welfare.
(8) Any funeral home director; funeral home director
and embalmer; funeral home employee; coroner; or medical
examiner.
(9) Any member of the clergy.
(10) Any physician, physician assistant, registered
nurse, licensed practical nurse, medical technician,
certified nursing assistant, licensed social worker,
licensed clinical social worker, or licensed professional
counselor of any office, clinic, licensed behavior
analyst, licensed assistant behavior analyst, or any other
physical location that provides abortions, abortion
referrals, or contraceptives.
(b) When 2 or more persons who work within the same
workplace and are required to report under this Act share a
reasonable cause to believe that a child may be an abused or
neglected child, one of those reporters may be designated to
make a single report. The report shall include the names and

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contact information for the other mandated reporters sharing
the reasonable cause to believe that a child may be an abused
or neglected child. The designated reporter must provide
written confirmation of the report to those mandated reporters
within 48 hours. If confirmation is not provided, those
mandated reporters are individually responsible for
immediately ensuring a report is made. Nothing in this Section
precludes or may be used to preclude any person from reporting
child abuse or child neglect.
(c)(1) As used in this Section, "a child known to them in
their professional or official capacities" means:
(A) the mandated reporter comes into contact with the
child in the course of the reporter's employment or
practice of a profession, or through a regularly scheduled
program, activity, or service;
(B) the mandated reporter is affiliated with an
agency, institution, organization, school, school
district, regularly established church or religious
organization, or other entity that is directly responsible
for the care, supervision, guidance, or training of the
child; or
(C) a person makes a specific disclosure to the
mandated reporter that an identifiable child is the victim
of child abuse or child neglect, and the disclosure
happens while the mandated reporter is engaged in his or
her employment or practice of a profession, or in a

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regularly scheduled program, activity, or service.
(2) Nothing in this Section requires a child to come
before the mandated reporter in order for the reporter to make
a report of suspected child abuse or child neglect.
(d) If an allegation is raised to a school board member
during the course of an open or closed school board meeting
that a child who is enrolled in the school district of which he
or she is a board member is an abused child as defined in
Section 3 of this Act, the member shall direct or cause the
school board to direct the superintendent of the school
district or other equivalent school administrator to comply
with the requirements of this Act concerning the reporting of
child abuse. For purposes of this paragraph, a school board
member is granted the authority in his or her individual
capacity to direct the superintendent of the school district
or other equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school

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district, the general superintendent of the school district to
which the request is being made must disclose to the
requesting school district the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not
been informed by the Department that the allegations were
unfounded. An employee of a school district who is or has been
the subject of a report made pursuant to this Act during his or
her employment with the school district must be informed by
that school district that if he or she applies for employment
with another school district, the general superintendent of
the former school district, upon the request of the school
district to which the employee applies, shall notify that
requesting school district that the employee is or was the
subject of such a report.
(e) Whenever such person is required to report under this
Act in his capacity as a member of the staff of a medical or
other public or private institution, school, facility or
agency, or as a member of the clergy, he shall make report

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immediately to the Department in accordance with the
provisions of this Act and may also notify the person in charge
of such institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent that such report has been made. Under no
circumstances shall any person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated
agent to whom such notification has been made, exercise any
control, restraint, modification or other change in the report
or the forwarding of such report to the Department.
(f) In addition to the persons required to report
suspected cases of child abuse or child neglect under this
Section, any other person may make a report if such person has
reasonable cause to believe a child may be an abused child or a
neglected child.
(g) The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act or constitute
grounds for failure to share information or documents with the
Department during the course of a child abuse or neglect
investigation. If requested by the professional, the
Department shall confirm in writing that the information or
documents disclosed by the professional were gathered in the

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course of a child abuse or neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within
the meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
(h) Any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child.
(i) Any person who enters into employment on and after
July 1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee

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has knowledge and understanding of the reporting requirements
of this Act. On and after January 1, 2019, the statement shall
also include information about available mandated reporter
training provided by the Department. The statement shall be
signed prior to commencement of the employment. The signed
statement shall be retained by the employer. The cost of
printing, distribution, and filing of the statement shall be
borne by the employer.
(j) Persons required to report child abuse or child
neglect as provided under this Section must complete an
initial mandated reporter training, including a section on
implicit bias, within 3 months of their date of engagement in a
professional or official capacity as a mandated reporter, or
within the time frame of any other applicable State law that
governs training requirements for a specific profession, and
at least every 3 years thereafter. The initial requirement
only applies to the first time they engage in their
professional or official capacity. In lieu of training every 3
years, medical personnel, as listed in paragraph (1) of
subsection (a), must meet the requirements described in
subsection (k).
The mandated reporter trainings shall be in-person or
web-based, and shall include, at a minimum, information on the
following topics: (i) indicators for recognizing child abuse
and child neglect, as defined under this Act; (ii) the process
for reporting suspected child abuse and child neglect in

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Illinois as required by this Act and the required
documentation; (iii) responding to a child in a
trauma-informed manner; and (iv) understanding the response of
child protective services and the role of the reporter after a
call has been made. Child-serving organizations are encouraged
to provide in-person annual trainings.
The implicit bias section shall be in-person or web-based,
and shall include, at a minimum, information on the following
topics: (i) implicit bias and (ii) racial and ethnic
sensitivity. As used in this subsection, "implicit bias" means
the attitudes or internalized stereotypes that affect people's
perceptions, actions, and decisions in an unconscious manner
and that exist and often contribute to unequal treatment of
people based on race, ethnicity, gender identity, sexual
orientation, age, disability, and other characteristics. The
implicit bias section shall provide tools to adjust automatic
patterns of thinking and ultimately eliminate discriminatory
behaviors. During these trainings mandated reporters shall
complete the following: (1) a pretest to assess baseline
implicit bias levels; (2) an implicit bias training task; and
(3) a posttest to reevaluate bias levels after training. The
implicit bias curriculum for mandated reporters shall be
developed within one year after the effective date of this
amendatory Act of the 102nd General Assembly and shall be
created in consultation with organizations demonstrating
expertise and or experience in the areas of implicit bias,

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youth and adolescent developmental issues, prevention of child
abuse, exploitation, and neglect, culturally diverse family
systems, and the child welfare system.
The mandated reporter training, including a section on
implicit bias, shall be provided through the Department,
through an entity authorized to provide continuing education
for professionals licensed through the Department of Financial
and Professional Regulation, the State Board of Education, the
Illinois Law Enforcement Training Standards Board, or the
Department of State Police, or through an organization
approved by the Department to provide mandated reporter
training, including a section on implicit bias. The Department
must make available a free web-based training for reporters.
Each mandated reporter shall report to his or her employer
and, when applicable, to his or her licensing or certification
board that he or she received the mandated reporter training.
The mandated reporter shall maintain records of completion.
Beginning January 1, 2021, if a mandated reporter receives
licensure from the Department of Financial and Professional
Regulation or the State Board of Education, and his or her
profession has continuing education requirements, the training
mandated under this Section shall count toward meeting the
licensee's required continuing education hours.
(k)(1) Medical personnel, as listed in paragraph (1) of
subsection (a), who work with children in their professional
or official capacity, must complete mandated reporter training

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at least every 6 years. Such medical personnel, if licensed,
must attest at each time of licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made.
(2) In lieu of repeated training, medical personnel, as
listed in paragraph (1) of subsection (a), who do not work with
children in their professional or official capacity, may
instead attest each time at licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made. Nothing in this paragraph precludes
medical personnel from completing mandated reporter training
and receiving continuing education credits for that training.
(l) The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
(m) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under

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subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the
purpose of protecting or insulating any person or entity from
arrest or prosecution, the person is guilty of a Class 4 felony
for a first offense and a Class 3 felony for a second or
subsequent offense (regardless of whether the second or
subsequent offense involves any of the same facts or persons
as the first or other prior offense).
(n) A child whose parent, guardian or custodian in good
faith selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care may
be considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
(o) A child shall not be considered neglected or abused
solely because the child is not attending school in accordance
with the requirements of Article 26 of the School Code, as
amended.

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(p) Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or
neglected in violation of the Humane Care for Animals Act from
reporting animal abuse or neglect to the Department of
Agriculture's Bureau of Animal Health and Welfare.
(q) A home rule unit may not regulate the reporting of
child abuse or neglect in a manner inconsistent with the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(r) For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)
Section 999. Effective date. This Act takes effect upon
becoming law.".