Bill Text: IL HB1824 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts and assistant behavior analysts. Creates the Advisory Board of Behavior Analysts. 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, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or nondisciplinary actions, and authorizing examinations. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1824 Detail]

Download: Illinois-2021-HB1824-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1824 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.41 new
320 ILCS 20/2 from Ch. 23, par. 6602
325 ILCS 5/4
Creates the Behavior Analyst Licensing Act. Provides for licensure of behavior analysts and assistant behavior analysts. Creates the Advisory Board of Behavior Analysts. 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, including, but not limited to, adopting rules setting forth minimum standards for licensure, taking disciplinary or nondisciplinary actions, and authorizing examinations. Provides for grounds for disciplinary actions and for civil and criminal penalties for violations of the Act. Creates provisions concerning hearings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Amends the Regulatory Sunset Act. Provides that the Behavior Analyst Licensing Act is repealed on January 1, 2032. Effective immediately.
LRB102 09963 SPS 15281 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB1824 LRB102 09963 SPS 15281 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 the public health, safety, and
welfare and to be 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 of Illinois,
to protect the public from the practice of applied behavior
analysis by unqualified persons and from 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

HB1824 - 2 - LRB102 09963 SPS 15281 b
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 behavior analysis" means the design,
implementation, and evaluation of instructional and
environmental modifications to produce socially significant
improvement in human behavior. "Practice of behavior 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

HB1824 - 3 - LRB102 09963 SPS 15281 b
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. "Practice of behavior analysis" does not include:
(1) the practice of medicine, osteopathic medicine and
surgery, or medical diagnosis or treatment, as regulated
by the Medical Practice Act of 1987;
(2) the practice of nursing, as regulated by the Nurse
Practice Act;
(3) the practice of speech-language pathology, as
defined in the Illinois Speech-Language Pathology and
Audiology Practice Act;
(4) the practice of licensed clinical psychology, as
defined in the Clinical Psychologist Licensing Act;
(5) the practice of physical therapy, as defined in
the Illinois Physical Therapy Act;
(6) the practice of occupational therapy, as defined
in the Illinois Occupational Therapy Practice Act;
(7) psychological testing, including standardized
testing for intelligence or personality;
(8) diagnosis of a mental or physical disorder;
(9) the practice of neuropsychology, psychotherapy,
cognitive therapy, sex therapy, psychoanalysis,
hypnotherapy, and counseling as treatment modalities;
(10) the practice of school social work, as provided

HB1824 - 4 - LRB102 09963 SPS 15281 b
in Sections 10-20.65, 14-1.09a, and 34-18.58 of the School
Code;
(11) the practice of clinical social work or social
work, as regulated by the Clinical Social Work and Social
Work Practice Act;
(12) the practice of professional counseling, as
defined in the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act; or
(13) the practice of marriage and family therapy, as
defined in the Marriage and Family Therapy Licensing Act.
"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
such change, either through the Department's website or by
contacting the Department's licensure maintenance unit.
Section 20. License required; exemptions.
(a) Beginning 24 months after the effective date of this

HB1824 - 5 - LRB102 09963 SPS 15281 b
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.
(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 he or she
is licensed as a behavior analyst or assistant behavior
analyst unless he or she 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
himself or herself 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
or licensed assistant behavior analyst.
(3) An individual licensed or certified under any
other law of this State from performing activities that
are considered to be the practice of applied behavior
analysis under this Act if the activities are within the

HB1824 - 6 - LRB102 09963 SPS 15281 b
individual's scope of practice and commensurate with his
or her education, training, and experience, 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 non-humans,
including applied animal behaviorists and animal trainers.
Such an individual may use the title "behavior analyst"
but shall not represent himself or herself as a licensed
behavior analyst or licensed assistant behavior analyst
unless he or she 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. Such an
individual may use the title "behavior analyst" but may
not represent himself or herself as a licensed behavior
analyst or licensed assistant behavior analyst unless he
or she 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

HB1824 - 7 - LRB102 09963 SPS 15281 b
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 Illinois
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
assistant behavior analyst.
(9) A qualified intellectual disabilities
professional, meeting the minimum federal education
requirements outlined in 42 CFR 483.430, who is performing
such duties as 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

HB1824 - 8 - LRB102 09963 SPS 15281 b
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 for the medical assistance program
under the Illinois Public Aid Code and is under the
supervision of a licensed behavior analyst or licensed
assistant behavior analyst and seeking the education,
training, and experience necessary to obtain a license under
this Act, so long as such practice does not continue after 24
months after the effective date of this Act.
Section 23. Applications for original license.
Applications 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 such
information 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

HB1824 - 9 - LRB102 09963 SPS 15281 b
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 persons who have successfully completed a graduate
degree from a nationally or regionally accredited university
approved by the Department and can demonstrate that they have
passed a competency examination authorized by the Department
before the effective date of this Act, the Department may
allow those persons to apply for licensure under the terms of
this Act beginning 20 months after the effective date of this
Act.
Applicants have 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 25. Qualifications for behavior analyst license.
(a) A person qualifies to be licensed as a behavior
analyst if that person:
(1) has applied in writing or electronically on forms
prescribed by the Department;
(2) is of good moral character; in determining good
moral character, the Department may take into

HB1824 - 10 - LRB102 09963 SPS 15281 b
consideration whether the applicant was engaged in conduct
or actions that would constitute grounds for discipline
under this Act;
(3) demonstrates to the satisfaction of the Department
that he or she has successfully completed a graduate
degree from a nationally or regionally accredited
university approved by the Department and core coursework
related to principles and application of applied behavior
analysis;
(4) has met the supervised work experience required
for certification as a behavior analyst in effect at the
time the applicant passed the examination required in
paragraph (5);
(5) has passed the examination for the practice of
behavior analysis as authorized by the Department; and
(6) has paid the required fees.
(b) All applicants have 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 assistant behavior analyst
license.
(a) A person qualifies to be licensed as an assistant

HB1824 - 11 - LRB102 09963 SPS 15281 b
behavior analyst if that person:
(1) has applied in writing or electronically on forms
prescribed by the Department;
(2) is of good moral character; in determining good
moral character, the Department may take into
consideration whether the applicant was engaged in conduct
or actions that would constitute grounds for discipline
under this Act;
(3) demonstrates to the satisfaction of the Department
completion of a bachelor's degree from a nationally or
regionally accredited university approved by the
Department and core coursework related to principles and
application of applied behavior analysis;
(4) 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 (5);
(5) has passed the examination for the practice of
behavior analysis as a licensed assistant behavior analyst
as authorized by the Department; and
(6) has paid the required fees.
(b) Applicants have 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.

HB1824 - 12 - LRB102 09963 SPS 15281 b
Section 35. 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
his or her 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.
Individuals with 10 consecutive years of experience must
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

HB1824 - 13 - LRB102 09963 SPS 15281 b
may be required to provide additional information.
Applicants under this Section have 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 40. Advisory Board of Behavior Analysts.
(a) The Secretary shall appoint an Advisory Board of
Behavior Analysts 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 not regulated under this Act
or a similar Act and who clearly represents consumer
interests. The Board shall serve in an advisory capacity.
(b) Members shall serve for a term of 4 years each, except
that any person chosen to fill a vacancy shall be appointed
only for the unexpired term of the Board member whom he or she
shall succeed. Upon the expiration of this term of office, a
Board member shall continue to serve until a successor is
appointed and qualified. No member shall serve more than 2
consecutive 4-year terms.
(c) The membership of the Board should represent racial

HB1824 - 14 - LRB102 09963 SPS 15281 b
and cultural diversity and reasonably reflect representation
from different geographic areas of Illinois.
(d) The Secretary may terminate the appointment of any
member for cause.
(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 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
performed in good faith as a member of the Board.
Section 45. 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

HB1824 - 15 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 16 - LRB102 09963 SPS 15281 b
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 his or her
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) A license to practice shall not be denied any
applicant because of the applicant's race, religion, creed,
national origin, political beliefs or activities, age, sex,
sexual orientation, or physical impairment.
(f) The Department shall indicate on each license the
academic degree of the licensee.
Section 50. 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
the Criminal Code of 2012. A person whose license or other
authorization to practice is suspended under this Section is

HB1824 - 17 - LRB102 09963 SPS 15281 b
prohibited from practicing until the restitution is made in
full.
Section 55. 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 non-disciplinary 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
of which is dishonesty, or that is directly related to the
practice of behavior analysis;

HB1824 - 18 - LRB102 09963 SPS 15281 b
(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
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of

HB1824 - 19 - LRB102 09963 SPS 15281 b
compensation for any professional service not actually
rendered; nothing in this paragraph (12) 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 (12) 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;
(17) being named as a perpetrator in an indicated
report by the Department of Children and Family Services

HB1824 - 20 - LRB102 09963 SPS 15281 b
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.
(b) The determination by a court that a licensee is
subject to involuntary admission or judicial admission as

HB1824 - 21 - LRB102 09963 SPS 15281 b
provided in the Mental Health and Developmental Disabilities
Code shall result in an automatic suspension of his or her
license. Such 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 return,
pay the tax, penalty, or interest shown in a filed 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 or Board,
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.
(1) The Department shall specifically designate the
examining physician licensed to practice medicine in all

HB1824 - 22 - LRB102 09963 SPS 15281 b
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 Board or 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 the licensee or applicant and the
examining physician or any member of the multidisciplinary

HB1824 - 23 - LRB102 09963 SPS 15281 b
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 his or her
own expense, another physician of his or her 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) Failure of any person to submit to a mental or
physical examination without reasonable cause, when
ordered, shall result in an automatic suspension of his or
her license until the person submits to the examination.
(e) If the Department or Board 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
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,

HB1824 - 24 - LRB102 09963 SPS 15281 b
renewed, disciplined, or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the person shall
have his or her 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 Section, 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 he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
Section 60. Illinois Administrative Procedure Act. The

HB1824 - 25 - LRB102 09963 SPS 15281 b
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 65. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself 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
held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.

HB1824 - 26 - LRB102 09963 SPS 15281 b
(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 70. 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 of the State of
Illinois 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 provided by this Act.
(b) If an individual holds himself or herself out as being
a licensed behavior analyst or a licensed assistant behavior

HB1824 - 27 - LRB102 09963 SPS 15281 b
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) of this
Section.
(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 75. 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,
and may prescribe forms to be issued to implement this Act. At
a minimum, the rules adopted by the Department shall include

HB1824 - 28 - LRB102 09963 SPS 15281 b
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.
(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 such complaint, shall be
maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the

HB1824 - 29 - LRB102 09963 SPS 15281 b
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 80. 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 accused of the charges
made and the time and place for the hearing on the charges,
(ii) direct him or her 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

HB1824 - 30 - LRB102 09963 SPS 15281 b
subsequent proceeding, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record.
(d) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the parties or their counsel shall be
accorded ample opportunity to present any statements,
testimony, evidence and argument as may be pertinent to the
charges or to their defense. The Board or hearing officer may
continue the hearing from time to time.
(e) If the person, after receiving the notice, fails to
file an answer, his or her 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.
(f) Notwithstanding any other provision of this Act, the
Secretary has the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for refusal to issue or renew
a license or to discipline a licensee. The hearing officer
shall have full authority to conduct the hearing. The hearing
officer shall report his or her findings of fact, conclusions

HB1824 - 31 - LRB102 09963 SPS 15281 b
of law, and recommendations to the Board and to the Secretary.
Section 85. 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, the designated hearing officer, 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 90. Compelling testimony. Any court, upon
application of the Department, designated hearing officer, or
the applicant or licensee against whom proceedings under
Section 55 are pending, may enter an order requiring the
attendance of witnesses and their 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 95. 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

HB1824 - 32 - LRB102 09963 SPS 15281 b
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
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 or the hearing officer appointed by the
Secretary 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 100. 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 whether or not 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
recommendation of the Board shall be the basis for the
Department's order or refusal or for the granting of the

HB1824 - 33 - LRB102 09963 SPS 15281 b
license.
Section 105. Motion for rehearing. At the conclusion of
the hearing, a copy of the Board or hearing officer'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 such motion, or upon denial of a motion
for rehearing, the Secretary may enter an order in accordance
with the recommendation of the Board or hearing officer. 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 110. Restoration. At any time after the successful
completion of a term of probation, suspension, or revocation
of any license, the Department may restore the license to the
licensee upon the written recommendation of the Board unless

HB1824 - 34 - LRB102 09963 SPS 15281 b
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 his or her license. No person whose license
has been revoked as authorized in this Act may apply for
restoration of that license until such time as provided for in
the Civil Administrative Code of Illinois.
Section 115. Surrender of license. Upon the revocation or
suspension of any license, the licensee shall immediately
surrender his or her license to the Department. If the
licensee fails to do so, the Department shall have the right to
seize the license.
Section 120. 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 his or her possession indicates that a licensee's
continuation in practice would constitute an imminent danger
to the public. In the event the Secretary summarily suspends
such license without a hearing, a hearing by the Board or
Department shall be held within 30 calendar days after the
suspension has occurred.

HB1824 - 35 - LRB102 09963 SPS 15281 b
Section 125. 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. The term "administrative decision" is
defined 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 Illinois,
the venue shall be in Sangamon County.
Section 130. 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. Failure on the part of the plaintiff to file a
receipt in court shall be grounds for dismissal of the action.
Section 135. Fees. The Department shall provide by rule
for a schedule of fees for the administration and enforcement
of this Act, including, but not limited to, original
licensure, registration, renewal, and restoration. The fees

HB1824 - 36 - LRB102 09963 SPS 15281 b
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 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 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) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect

HB1824 - 37 - LRB102 09963 SPS 15281 b
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, 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, 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
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

HB1824 - 38 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 39 - LRB102 09963 SPS 15281 b
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, 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 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

HB1824 - 40 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 41 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 42 - LRB102 09963 SPS 15281 b
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
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.

HB1824 - 43 - LRB102 09963 SPS 15281 b
(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, 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
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

HB1824 - 44 - LRB102 09963 SPS 15281 b
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, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, 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, neglect, or financial
exploitation.
(Source: P.A. 99-180, eff. 7-29-15; 100-641, eff. 1-1-19.)
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

HB1824 - 45 - LRB102 09963 SPS 15281 b
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;
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

HB1824 - 46 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 47 - LRB102 09963 SPS 15281 b
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, licensed behavior
analyst, licensed assistant behavior analyst, or licensed
professional counselor of any office, clinic, 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
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

HB1824 - 48 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 49 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 50 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 51 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 52 - LRB102 09963 SPS 15281 b
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
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.

HB1824 - 53 - LRB102 09963 SPS 15281 b
(j) Persons required to report child abuse or child
neglect as provided under this Section must complete an
initial mandated reporter training 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 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 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 mandated reporter training shall be provided through
the Department, through an entity authorized to provide
continuing education for professionals licensed through the

HB1824 - 54 - LRB102 09963 SPS 15281 b
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. 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
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

HB1824 - 55 - LRB102 09963 SPS 15281 b
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
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

HB1824 - 56 - LRB102 09963 SPS 15281 b
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.
(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

HB1824 - 57 - LRB102 09963 SPS 15281 b
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. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19;
101-564, eff. 1-1-20.)
Section 999. Effective date. This Act takes effect upon
becoming law.