Bill Text: IL HB5580 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Behavior Analyst Licensing Act. Provides for licensure of licensed behavior analyst and licensed assistant behavior analyst. Creates the Advisory Board of Behavior Analyst. Provides qualifications for licensure application. 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 non-disciplinary actions and authorizing examinations. Provides for grounds for disciplinary actions. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning hearings, including record of proceedings, 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 repeals on January 1, 2029. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5580 Detail]

Download: Illinois-2017-HB5580-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5580 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
New Act
5 ILCS 80/4.39 new
Creates the Behavior Analyst Licensing Act. Provides for licensure of licensed behavior analyst and licensed assistant behavior analyst. Creates the Advisory Board of Behavior Analyst. Provides qualifications for licensure application. 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 non-disciplinary actions and authorizing examinations. Provides for grounds for disciplinary actions. Provides for civil and criminal penalties for violations of this Act. Creates provisions concerning hearings, including record of proceedings, appointment of hearing officers, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 "behavior analyst" or "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:
"Board" means the Advisory Board of Behavior Analysts
appointed by the Secretary.
"Certifying entity" means the Behavior Analyst

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Certification Board or an entity certifying professional
practitioners of behavior analysis and is accredited by the
National Commission on Certifying Agencies or the American
National Standards Institute.
"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.
"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. The practice of behavior
analysis includes the empirical identification of functional
relations between environment and behavior, known as
functional assessment and analysis. Applied behavior analysis
interventions are based on scientific research and direct
observation and measurement of behavior and environment.
Applied behavior analysis interventions utilize contextual

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factors, motivating operations, antecedent stimuli, positive
reinforcement, and other procedures to help individuals
develop new behaviors, increase or decrease existing
behaviors, or elicit behaviors under specific environmental
conditions. The practice of behavior analysis does not include:
(1) the practice of medicine, osteopathic medicine and
surgery, or medical diagnosis or treatment;
(2) the practice of speech-language pathology;
(3) the practice of physical therapy;
(4) the practice of occupational therapy;
(5) psychological testing, including standardized testing
for intelligence or personality;
(6) diagnosis of a mental or physical disorder; or
(7) the practice of neuropsychology, psychotherapy,
cognitive therapy, sex therapy, psychoanalysis, hypnotherapy,
and counseling as treatment modalities.
"Secretary" means the Secretary of the Illinois Department
of Financial and Professional Regulation.
"Sexual offense" means an offense that would require an
individual to be subject to registration under the Sex Offender
Registration Act.
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

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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
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).
(1) An individual licensed under this Act as an
assistant behavior analyst shall not engage in the practice
of applied behavior analysis unless supervised in
accordance with rules adopted by the certifying entity.
(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.

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(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 under any other law of this
State from performing activities that are considered to be
practice of applied behavior analysis under this Act if the
activities are within the individual's scope of practice
and are 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 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
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

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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 an instructor
of a course sequence approved by the certifying entity.
(7) An individual who is not licensed under this Act
from pursuing experience consistent with the requirements
of the certifying entity if the experience is supervised by
a licensed behavior analyst in accordance with the
requirements of the certifying entity.
(8) An individual with a Learning Behavior Specialist
endorsement from the Illinois State Board of Education from
delivering behavior analytic services in a school setting
when employed by that school as long as that person is not
in any manner held out to the public as a licensed behavior
analyst or licensed assistant behavior analyst.
(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 of the medical assistance program
under the Illinois Public Aid Code and such individual is under

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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 from the effective date of this Act.
Section 25. Qualifications; licensed behavior analyst. The
Department shall issue a license of behavior analyst to an
individual who currently has a Board Certified Behavior Analyst
or Board Certified Behavior Analyst-Doctoral verified by the
certifying entity.
Section 30. Qualifications; licensed assistant behavior
analyst. The Department shall issue a license of assistant
behavior analyst to an individual who has a Board Certified
Assistant Behavior Analyst verified by the certifying entity
and the individual shall provide evidence of current and
ongoing supervision by a Board Certified Behavior Analyst or
Board Certified Behavior Analysis-Doctoral in accordance with
the requirements of the certifying entity.
Section 35. Advisory Board.
(a) There is hereby created the Advisory Board of Behavior
Analysts. The Board shall consist of 7 members appointed by the
Secretary. Among the 7 members, 4 members shall be licensed
behavior analysts, at least one of whom shall hold a doctoral

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degree, one member shall be a licensed assistant behavior
analyst, one member shall be a licensed clinical psychologist,
and one member shall be member of the public. The Board shall
serve in an advisory capacity.
(b) Members of the Board shall have no criminal, civil, or
professional liability in an action based upon a disciplinary
proceeding or other activity performed in good faith as a
member of the Board, except for willful or wanton misconduct.
An individual or organization acting in good faith, and not in
a willful and wanton manner, participating in proceedings of
the Board, shall not be subject to criminal prosecution or
civil damages as a result of such actions.
(c) Members of the Board shall be indemnified by the State
for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions, unless he
or she determines either that there would be a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton. If the
Attorney General rejects representation, the member has the
right to employ counsel of his or her choice, whose fees shall
be provided by the State after approval by the Attorney
General, unless there is a determination by a court that the
member's actions were not in good faith or were willful and
wanton. The member must notify the Attorney General within 7
days after receipt of notice of the initiation of any action

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involving services of the Board. Failure to notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification. The Attorney General shall
determine, within 7 days after receiving such notice, whether
he or she will represent the member.
(d) In appointing members of the Board, the Secretary shall
give due consideration to the adequate representation of the
various practice specialties of behavior analysis and should
reasonably reflect representation from different geographic
areas of Illinois. In appointing members of the Board, the
Secretary shall give due consideration to recommendations made
by members of the profession of behavior analysis and by the
Statewide organizations representing the interests of behavior
analysts and organizations representing the interests of
academic programs in behavior analysis.
(e) Members of the Advisory Board shall be appointed for
terms of 4 years. No member shall be eligible to serve for more
than 2 full terms. Any appointment to fill a vacancy shall be
for the unexpired portion of the term. A member appointed to
fill a vacancy for an unexpired term for a duration of 2 years
or more may be reappointed for a maximum of one term, and a
member appointed to fill a vacancy for an unexpired term for a
duration of less than 2 years may be reappointed for a maximum
of 2 terms.
(f) The initial members of the Board who are behavior
analysts or assistant behavior analysts must be certified

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accordingly by the certifying entity.
(g) In making initial appointments to the Board, the
Secretary shall stagger the terms of the appointees so that one
member serves an initial term of 2 years, 3 members shall serve
an initial term of 3 years, and 3 members serve initial terms
of 4 years. Each member of the Board shall hold office until
his or her successor has been qualified. A vacancy in the
membership of the Board shall be filled for the unexpired term
in the manner provided for the original appointment. A member
appointed for less than a full term may serve 2 full terms in
addition to such part of a full term.
(h) Each Board member shall be a resident of this State for
at least one year and shall, other than the public member, have
been licensed under this Act for at least 3 years prior to
appointment except for the original members of the Board who
shall have experience in the practice of applied behavior
analysis.
(i) The public member shall be a person who is not and
never was a member of any profession licensed or regulated
under this Act or the spouse of such individual; and an
individual who does not have and never has had a material
financial interest in either the providing of the professional
services regulated by this Act, or an activity or organization
directly related to any profession licensed or regulated under
this Act.
(j) The Board shall annually elect one of its members as

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chairperson.
(k) The members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses incurred in
attending the meetings of the Board.
(l) The Secretary shall give due consideration to all
recommendations of the Board.
(m) Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
Section 40. Application for original license. Applications
for original licenses shall be made to the Department
electronically or on forms prescribed by the Department and
accompanied by a required fee that is nonrefundable. An
application shall contain such information that, in the
judgment of the Department, will enable the Department to pass
on the qualifications of the applicant for a license to
practice as a licensed behavior analyst or licensed assistant
behavior analyst.
Section 45. Rules; minimum standards; renewal. The
Department, in consultation with the Board, shall adopt rules
establishing the minimum standards for licensure as a licensed
behavior analyst or a licensed assistant behavior analyst.
For purposes of this Section, the Department may adopt
ethical and disciplinary professional rules from a certifying
entity in whole or in part, as its standards. Until rules are

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adopted under this Section by the Department, the Department
shall use the ethical and disciplinary standards of the
certifying entity that are in effect on the effective date of
this Act.
The Department shall include in its rules that an
application for licensure will be denied if the applicant's
criminal history records indicates that he or she has been
convicted of a sexual offense and that a licensee's license
will be permanently revoked if he or she is convicted of a
sexual offense while licensed under this Act.
The Department shall adopt rules requiring that a licensee
seeking renewal to have his or her current certification
verified by the certifying entity.
The Department shall adopt rules requiring that an
assistant behavior analyst shall furnish evidence that he or
she is practicing under the supervision of a licensed behavior
analyst.
Section 50. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
or may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the
Department deems appropriate with regard to the license of any
person issued under this Act, including imposing fines not to
exceed $10,000 for each violation, upon any of the following
grounds:

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(1) Material misstatement in furnishing information to
the Department or to any other State agency.
(2) Violations or negligent or intentional disregard
of this Act or rules adopted under this Act.
(3) Conviction of the licensee by plea of guilty or
nolo contendere, finding of guilt, jury verdict, or entry
of judgment or by sentencing for any crime, 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 (i) is a felony under the laws of this State or
(ii) is a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the behavior analyst profession.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for the renewal of a license under this Act.
(5) Professional incompetence or gross negligence in
rendering licensed behavior analyst or licensed assistant
behavior analyst services.
(6) Malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or any 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

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unprofessional conduct of a character likely to deceive,
defraud, or harm the public and violating the rules of
professional conduct adopted by the Department.
(10) Habitual or excessive use or abuse of drugs as
defined in law as controlled substances, alcohol, or any
other substance that results in the inability to practice
with reasonable skill, judgment, or safety.
(11) Discipline by another jurisdiction, including the
District of Columbia, territory, county, or governmental
agency, if at least one of the grounds for the discipline
is the same or substantially equivalent to those set forth
in this Section.
(12) Abandonment of a client.
(13) Willfully filing false reports relating to the
licensee's practice, including, but not limited to, false
records filed with federal or State agencies or
departments.
(14) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Reporting Act and in matters pertaining
to suspected abuse, neglect, financial exploitation, or
self-neglect of adults with disabilities and older adults
as set forth in the Adult Protective Services Act.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act,

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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.
(16) Physical or mental illness or disability,
including, but not limited to, deterioration through the
aging process or loss of abilities and skills which results
in the inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act.
(19) A finding that licensure has been applied for or
obtained by fraudulent means.
(20) Practicing under a false or, except as provided by
law, an assumed name.
(21) Gross and willful overcharging for professional
services including filing statements for collection of
fees or moneys for which services are not rendered.
(22) Clinical supervisors failing to adequately and
responsibly monitor supervisees in accordance with
guidelines set forth by the certifying entity.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.

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(b) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, pay the tax, penalty, or interest shown in a filed
return, or pay any final assessment of the tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (g) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(c) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(d) 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 will

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result in an automatic suspension of his or her license. The
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging
the patient, and the recommendation of the Board to the
Secretary that the licensee be allowed to resume professional
practice.
(e) In enforcing this Act, the Department, upon a showing
of a possible violation, may compel an individual 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, as required by and at the expense of the Department. The
Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physicians shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.

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A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited to,
deterioration through the aging process or loss of motor
skills, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license to be suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license shall be convened by the Department within 15 days
after the suspension and completed without appreciable delay.
The Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal

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statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(f) All fines imposed under this Section shall be paid
within 55 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.
Section 55. 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.

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Section 60. 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.
(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 65. 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

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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
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

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and desist to be issued.
Section 70. 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 may 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
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
may:
(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

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or renew or to revoke licenses or suspend, place on
probation, censure, or reprimand or take any other
disciplinary or non-disciplinary action with regard to a
person licensed under this Act.
(3) Formulate rules and regulations required for the
administration of this Act.
(4) Maintain rosters of the names and addresses of all
licensees, and all persons whose licenses have been
suspended, revoked, or denied renewal for cause within the
previous calendar year. These rosters shall be available
upon written request and payment of the required fee.
(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 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

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licensee or applicant shall be a public record, except as
otherwise prohibited by law.
Section 75. Investigations; notice; hearing.
(a) The Department may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days before the date set for the
hearing, (i) notify the accused in writing 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 service, and (iii) inform the
applicant or licensee that failure to answer will result in a
default being entered against the applicant or licensee.
(c) 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 pertinent
statements, testimony, evidence, and arguments. The Board or
hearing officer may continue the hearing from time to time. In
case 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 any disciplinary action the Secretary

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considers proper, including, but not limited to, 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.
(d) The written notice and any notice in the subsequent
proceeding may be served by regular or certified mail to the
applicant's or licensee's address of record.
(e) Notwithstanding any other provision of this Act, the
Secretary shall have 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, renew
or discipline a license. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings of fact, conclusions of law, and
recommendations to the Board and the Secretary.
(f) Record of proceedings; transcript. 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 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.
(g) The Board or the hearing officer appointed by the

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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.
(h) 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.
(i) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report.

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(j) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
rehearing by the same or another hearing officer.
(k) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon the signature of the Secretary.
(l) Any fine imposed shall be payable within 60 days after
the effective date of the order imposing the fine.
Section 80. 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 85. 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

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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 90. 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 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 95. The Regulatory Sunset Act is amended by adding
Section 4.39 as follows:
(5 ILCS 80/4.39 new)
Sec. 4.39. Act repealed on January 1, 2029. The following
Act is repealed on January 1, 2029:
The Behavior Analyst Licensing Act.
Section 99. Effective date. This Act takes effect upon
becoming law.