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HB5171 • 2026

LICENSED BEHAVIOR ANALYSTS

LICENSED BEHAVIOR ANALYSTS

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Suzanne M. Ness
Last action
2026-03-27
Official status
Rule 19(a) / Re-referred to Rules Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

LICENSED BEHAVIOR ANALYSTS

LICENSED BEHAVIOR ANALYSTS

What This Bill Does

  • LICENSED BEHAVIOR ANALYSTS

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-04-01 Illinois General Assembly

    Added Co-Sponsor Rep. Michael Crawford

  2. 2026-04-01 Illinois General Assembly

    Added Co-Sponsor Rep. Laura Faver Dias

  3. 2026-03-27 Illinois General Assembly

    Rule 19(a) / Re-referred to Rules Committee

  4. 2026-03-16 Illinois General Assembly

    Chief Sponsor Changed to Rep. Suzanne M. Ness

  5. 2026-03-04 Illinois General Assembly

    Assigned to Health Care Licenses Committee

  6. 2026-02-25 Illinois General Assembly

    Added Co-Sponsor Rep. Sharon Chung

  7. 2026-02-10 Illinois General Assembly

    First Reading

  8. 2026-02-10 Illinois General Assembly

    Referred to Rules Committee

  9. 2026-02-05 Illinois General Assembly

    Filed with the Clerk by Rep. Laura Faver Dias

Official Summary Text

LICENSED BEHAVIOR ANALYSTS

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Illinois General Assembly - Full Text of HB5171

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HB5171 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5171

Introduced 2/10/2026, by Rep. Laura Faver Dias

SYNOPSIS AS INTRODUCED:

225 ILCS 6/20
225 ILCS 6/60
225 ILCS 6/70
225 ILCS 6/150 rep.
805 ILCS 10/3.6

from Ch. 32, par. 415-3.6
805 ILCS 185/13

Amends the Behavior Analyst Licensing Act. Adds an occupational
therapist to the individuals that the Act does not prohibit from
performing or advertising activities that are considered to be the
practice of applied behavior analysis under the Act. In provisions
concerning unlicensed practice, provides that any member, partner,
shareholder, director, officer, holder of any other ownership interest, or
agent of a business organization providing behavior analysis services who
makes clinical decisions regarding patient care without being licensed or
exempt under the Act shall be deemed to have violated the provisions.
Repeals a provision concerning license restrictions and limitations.
Amends the Professional Service Corporation Act. Adds the practice of
applied behavior analysis by persons licensed under the Behavior Analyst
Licensing Act to the list of personal services that, when combined,
constitute "related professions" and "related professional services".
Amends the Professional Limited Liability Company Act. Adds the practice
of applied behavior analysis by behavior analysts and assistant behavior
analysts licensed under the Behavior Analyst Licensing Act to the list of
professional services that may be combined under a single professional
limited liability company. Makes other changes. Effective immediately.
LRB104 17851 AAS 31285 b

A BILL FOR

HB5171
LRB104 17851 AAS 31285 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Behavior Analyst Licensing Act is amended
5
by changing Sections 20, 60, and 70 as follows:

6

(225 ILCS 6/20)
7

(Section scheduled to be repealed on January 1, 2028)
8

Sec. 20.
License required; exemptions.

9

(a) Beginning 10 months after the adoption of the rules
10
required under subsection (b) of Section 80, an individual
11
shall not engage in the practice of applied behavior analysis
12
unless licensed under this Act or covered by an exemption
13
under subsection (c).
14

(a-5) An individual licensed under this Act as an
15
assistant behavior analyst shall not engage in the practice of
16
applied behavior analysis unless supervised by a licensed
17
clinical psychologist or licensed behavior analyst.
18

(b) Beginning 10 months after the adoption of the rules
19
required under subsection (b) of Section 80, an individual
20
shall not use the title "licensed behavior analyst", "L.B.A.",
21
"licensed assistant behavior analyst", "L.A.B.A.", or similar
22
words or letters indicating the individual is licensed as a
23
behavior analyst or assistant behavior analyst unless the

HB5171
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LRB104 17851 AAS 31285 b
1
individual is actually licensed under this Act.
2

(c) This Act does not prohibit any of the following:
3

(1) Self-care by a patient or uncompensated care by a
4

friend or family member who does not represent or hold
5

oneself out to be a behavior analyst or assistant behavior
6

analyst.
7

(2) An individual from implementing a behavior
8

analytic treatment plan under the extended authority,
9

direction, and supervision of a licensed behavior analyst
10

or licensed assistant behavior analyst.
11

(3) A clinical psychologist, social worker,
12

psychiatric nurse, speech-language pathologist,
13

audiologist, professional counselor, clinical
14

professional counselor, clinical social worker,
15

occupational therapist,
or marriage and family therapist
16

from performing or advertising activities that are
17

considered to be the practice of applied behavior analysis
18

under this Act if the activities are consistent with the
19

laws of this State, the individual's training, and any
20

code of ethics of the individual's respective professions,
21

so long as the individual does not use the titles provided
22

in subsection (b).
23

(4) An individual from performing activities that are
24

considered to be the practice of applied behavior analysis
25

under this Act if the activities are with nonhumans,
26

including applied animal behaviorists and animal trainers.

HB5171
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LRB104 17851 AAS 31285 b
1

The individual may use the title "behavior analyst" but
2

shall not represent oneself as a licensed behavior analyst
3

or licensed assistant behavior analyst unless the
4

individual holds a license issued by the State.
5

(5) An individual who provides general applied
6

behavior analysis services to organizations, so long as
7

the services are for the benefit of the organizations and
8

do not involve direct services to individuals. The
9

individual may use the title "behavior analyst" but may
10

not represent oneself as a licensed behavior analyst or
11

licensed assistant behavior analyst unless the individual
12

holds a license issued by the State.
13

(6) An individual who is a matriculated student at a
14

nationally accredited university approved in rules or a
15

postdoctoral fellow from performing activities that are
16

considered to be the practice of applied behavior analysis
17

under this Act if the activities are part of a defined
18

program of study, course, practicum, internship, or
19

postdoctoral fellowship, provided that the applied
20

behavior analysis activities are directly supervised by a
21

licensed behavior analyst under this Act or a licensed
22

clinical psychologist.
23

(7) An individual who is not licensed under this Act
24

from pursuing field experience in the practice of behavior
25

analysis if the experience is supervised by a licensed
26

behavior analyst or a licensed psychologist.

HB5171
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1

(8) An individual with a learning behavior specialist
2

or school support personnel endorsement from the State
3

Board of Education, the school district in which the
4

school is located, or a special education joint agreement
5

serving the school district in which the school is located
6

from delivering behavior analytic services in a school
7

setting when employed by that school as long as those
8

services are defined in the scope of practice for that
9

endorsement and that person is not in any manner held out
10

to the public as a licensed behavior analyst or licensed
11

assistant behavior analyst.
12

(9) A qualified intellectual disabilities
13

professional, meeting the minimum federal education
14

requirements outlined in 42 CFR 483.430, who is performing
15

the duties required for individuals with intellectual or
16

developmental disabilities in programs and facilities
17

regulated by the federal Centers for Medicare and Medicaid
18

Services, the Department of Human Services, or the
19

Department of Public Health, so long as the individual
20

does not use the titles provided in subsection (b).
21

(10) A service provider, designated by the Department
22

of Human Services, from providing behavior intervention
23

and treatment, so long as the individual does not use the
24

titles provided in subsection (b).
25

(d) This Act does not apply to an individual who, on the
26
effective date of this Act, is engaging in the practice of

HB5171
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LRB104 17851 AAS 31285 b
1
applied behavior analysis under the medical assistance program
2
under the Illinois Public Aid Code while that individual is
3
seeking the education, training, and experience necessary to
4
obtain a license under this Act.
5

(e) No licensed behavior analyst or licensed assistant
6
behavior analyst shall engage in the practice of
7
speech-language pathology or the practice of audiology, as
8
defined in the Illinois Speech-Language Pathology and
9
Audiology Practice Act, unless licensed to do so under that
10
Act.
11
(Source: P.A. 102-953, eff. 5-27-22; 103-857, eff. 8-9-24.)

12

(225 ILCS 6/60)
13

(Section scheduled to be repealed on January 1, 2028)
14

Sec. 60.
Grounds for disciplinary action.
15

(a) The Department may refuse to issue or renew a license,
16
or may suspend, revoke, place on probation, reprimand, or take
17
any other disciplinary or nondisciplinary action deemed
18
appropriate by the Department, including the imposition of
19
fines not to exceed $10,000 for each violation, with regard to
20
any license issued under the provisions of this Act for any one
21
or a combination of the following grounds:
22

(1) material misstatements in furnishing information
23

to the Department or to any other State agency or in
24

furnishing information to any insurance company with
25

respect to a claim on behalf of a licensee or a client;

HB5171
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LRB104 17851 AAS 31285 b
1

(2) violations or negligent or intentional disregard
2

of this Act or its rules;
3

(3) conviction of or entry of a plea of guilty or nolo
4

contendere, finding of guilt, jury verdict, or entry of
5

judgment or sentencing, including, but not limited to,
6

convictions, preceding sentences of supervision,
7

conditional discharge, or first offender probation, under
8

the laws of any jurisdiction of the United States that is
9

(i) a felony or (ii) a misdemeanor, an essential element
10

of which is dishonesty, or that is directly related to the
11

practice of behavior analysis;
12

(4) fraud or misrepresentation in applying for or
13

procuring a license under this Act or in connection with
14

applying for renewal or restoration of a license under
15

this Act;
16

(5) professional incompetence;
17

(6) gross negligence in practice under this Act;
18

(7) aiding or assisting another person in violating
19

any provision of this Act or its rules;
20

(8) failing to provide information within 60 days in
21

response to a written request made by the Department;
22

(9) engaging in dishonorable, unethical, or
23

unprofessional conduct of a character likely to deceive,
24

defraud, or harm the public as defined by the rules of the
25

Department or violating the rules of professional conduct
26

adopted by the Department;

HB5171
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LRB104 17851 AAS 31285 b
1

(10) habitual or excessive use or abuse of drugs
2

defined in law as controlled substances, of alcohol, or of
3

any other substances that results in the inability to
4

practice with reasonable judgment, skill, or safety;
5

(11) adverse action taken by another state or
6

jurisdiction if at least one of the grounds for the
7

discipline is the same or substantially equivalent to
8

those set forth in this Section;
9

(12) directly or indirectly giving to or receiving
10

from any person, firm, corporation, partnership, or
11

association any fee, commission, rebate, or other form of
12

compensation for any professional service not actually
13

rendered; nothing in this paragraph affects any bona fide
14

independent contractor or employment arrangements among
15

health care professionals, health facilities, health care
16

providers, or other entities
, except as otherwise
17

prohibited by law
; any employment arrangements may include
18

provisions for compensation, health insurance, pension, or
19

other employment benefits for the provision of services
20

within the scope of the licensee's practice under this
21

Act; nothing in this paragraph shall be construed to
22

require an employment arrangement to receive professional
23

fees for services rendered;
24

(13) a finding by the Department that the licensee,
25

after having the license placed on probationary status,
26

has violated the terms of probation or failed to comply

HB5171
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LRB104 17851 AAS 31285 b
1

with those terms;
2

(14) abandonment, without cause, of a client;
3

(15) willfully making or filing false records or
4

reports relating to a licensee's practice, including, but
5

not limited to, false records filed with federal or State
6

agencies or departments;
7

(16) willfully failing to report an instance of
8

suspected child abuse or neglect as required by the Abused
9

and Neglected Child Reporting Act;
10

(17) being named as a perpetrator in an indicated
11

report by the Department of Children and Family Services
12

under the Abused and Neglected Child Reporting Act, and
13

upon proof by clear and convincing evidence that the
14

licensee has caused a child to be an abused child or
15

neglected child as defined in the Abused and Neglected
16

Child Reporting Act;
17

(18) physical illness, mental illness, or any other
18

impairment or disability, including, but not limited to,
19

deterioration through the aging process, or loss of motor
20

skills that results in the inability to practice the
21

profession with reasonable judgment, skill, or safety;
22

(19) solicitation of professional services by using
23

false or misleading advertising;
24

(20) violation of the Health Care Worker Self-Referral
25

Act;
26

(21) willfully failing to report an instance of

HB5171
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LRB104 17851 AAS 31285 b
1

suspected abuse, neglect, financial exploitation, or
2

self-neglect of an eligible adult as defined in and
3

required by the Adult Protective Services Act; or
4

(22) being named as an abuser in a verified report by
5

the Department on Aging under the Adult Protective
6

Services Act, and upon proof by clear and convincing
7

evidence that the licensee abused, neglected, or
8

financially exploited an eligible adult as defined in the
9

Adult Protective Services Act.
10

(b) The determination by a court that a licensee is
11
subject to involuntary admission or judicial admission as
12
provided in the Mental Health and Developmental Disabilities
13
Code shall result in an automatic suspension of the licensee's
14
license. The suspension shall end upon a finding by a court
15
that the licensee is no longer subject to involuntary
16
admission or judicial admission and issues an order so finding
17
and discharging the patient, and upon the recommendation of
18
the Board to the Secretary that the licensee be allowed to
19
resume professional practice.
20

(c) The Department shall refuse to issue or renew or may
21
suspend the license of a person who (i) fails to file a tax
22
return, pay the tax, penalty, or interest shown in a filed tax
23
return, or pay any final assessment of tax, penalty, or
24
interest, as required by any tax Act administered by the
25
Department of Revenue, until the requirements of the tax Act
26
are satisfied or (ii) has failed to pay any court-ordered

HB5171
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LRB104 17851 AAS 31285 b
1
child support as determined by a court order or by referral
2
from the Department of Healthcare and Family Services.
3

(c-1) The Department shall not revoke, suspend, place on
4
probation, reprimand, refuse to issue or renew, or take any
5
other disciplinary or non-disciplinary action against a
6
person's authorization to practice under this Act based solely
7
upon the person recommending, aiding, assisting, referring
8
for, or participating in any health care service, so long as
9
the care was not unlawful under the laws of this State,
10
regardless of whether the client was a resident of this State
11
or another state.
12

(c-2) The Department shall not revoke, suspend, place on
13
prohibition, reprimand, refuse to issue or renew, or take any
14
other disciplinary or non-disciplinary action against a
15
person's authorization to practice under this Act based upon
16
the person's license, registration, or permit being revoked or
17
suspended, or the person being otherwise disciplined, by any
18
other state if that revocation, suspension, or other form of
19
discipline was based solely on the person violating another
20
state's laws prohibiting the provision of, authorization of,
21
recommendation of, aiding or assisting in, referring for, or
22
participation in any health care service if that health care
23
service as provided would not have been unlawful under the
24
laws of this State and is consistent with the applicable
25
standard of conduct for a person practicing in Illinois under
26
this Act.

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LRB104 17851 AAS 31285 b
1

(c-3) The conduct specified in subsections (c-1) and (c-2)
2
shall not constitute grounds for suspension under Section 125.
3

(c-4) The Department shall not revoke, suspend, summarily
4
suspend, place on prohibition, reprimand, refuse to issue or
5
renew, or take any other disciplinary or non-disciplinary
6
action against a person's authorization to practice under this
7
Act based solely upon the person's license, registration, or
8
permit being revoked or suspended, or the person being
9
otherwise disciplined, by any other state or territory other
10
than Illinois for the referral for or having otherwise
11
participated in any health care service, if the revocation,
12
suspension, or disciplinary action was based solely on a
13
violation of the other state's law prohibiting such health
14
care services in the state, for a resident of the state, or in
15
any other state.
16

(d) In enforcing this Section, the Department, upon a
17
showing of a possible violation, may compel a person licensed
18
to practice under this Act, or who has applied for licensure
19
under this Act, to submit to a mental or physical examination,
20
or both, which may include a substance abuse or sexual
21
offender evaluation, as required by and at the expense of the
22
Department.
23

(1) The Department shall specifically designate the
24

examining physician licensed to practice medicine in all
25

of its branches or, if applicable, the multidisciplinary
26

team involved in providing the mental or physical

HB5171
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LRB104 17851 AAS 31285 b
1

examination or both. The multidisciplinary team shall be
2

led by a physician licensed to practice medicine in all of
3

its branches and may consist of one or more or a
4

combination of physicians licensed to practice medicine in
5

all of its branches, licensed clinical psychologists,
6

licensed clinical professional counselors, and other
7

professional and administrative staff. Any examining
8

physician or member of the multidisciplinary team may
9

require any person ordered to submit to an examination
10

pursuant to this Section to submit to any additional
11

supplemental testing deemed necessary to complete any
12

examination or evaluation process, including, but not
13

limited to, blood testing, urinalysis, psychological
14

testing, or neuropsychological testing.
15

(2) The Department may order the examining physician
16

or any member of the multidisciplinary team to present
17

testimony concerning this mental or physical examination
18

of the licensee or applicant. No information, report,
19

record, or other documents in any way related to the
20

examination shall be excluded by reason of any common law
21

or statutory privilege relating to communications between
22

the licensee or applicant and the examining physician or
23

any member of the multidisciplinary team. No authorization
24

is necessary from the licensee or applicant ordered to
25

undergo an examination for the examining physician or any
26

member of the multidisciplinary team to provide

HB5171
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LRB104 17851 AAS 31285 b
1

information, reports, records, or other documents or to
2

provide any testimony regarding the examination and
3

evaluation.
4

(3) The person to be examined may have, at the
5

person's own expense, another physician of the person's
6

choice present during all aspects of the examination.
7

However, that physician shall be present only to observe
8

and may not interfere in any way with the examination.
9

(4) The failure of any person to submit to a mental or
10

physical examination without reasonable cause, when
11

ordered, shall result in an automatic suspension of the
12

person's license until the person submits to the
13

examination.
14

(e) If the Department finds a person unable to practice
15
because of the reasons set forth in this Section, the
16
Department or Board may require that person to submit to care,
17
counseling, or treatment by physicians approved or designated
18
by the Department or Board, as a condition, term, or
19
restriction for continued, reinstated, or renewed licensure to
20
practice; or, in lieu of care, counseling, or treatment, the
21
Department may file, or the Board may recommend to the
22
Department to file, a complaint to immediately suspend,
23
revoke, or otherwise discipline the license of the person. Any
24
person whose license was granted, continued, reinstated,
25
renewed, disciplined, or supervised subject to the terms,
26
conditions, or restrictions, and who fails to comply with the

HB5171
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LRB104 17851 AAS 31285 b
1
terms, conditions, or restrictions, shall be referred to the
2
Secretary for a determination as to whether the person shall
3
have the person's license suspended immediately, pending a
4
hearing by the Department.
5

(f) All fines imposed shall be paid within 60 days after
6
the effective date of the order imposing the fine or in
7
accordance with the terms set forth in the order imposing the
8
fine.
9

If the Secretary immediately suspends a person's license
10
under this subsection, a hearing on that person's license must
11
be convened by the Department within 30 days after the
12
suspension and completed without appreciable delay. The
13
Department and Board shall have the authority to review the
14
subject person's record of treatment and counseling regarding
15
the impairment, to the extent permitted by applicable federal
16
statutes and regulations safeguarding the confidentiality of
17
medical records.
18

A person licensed under this Act and affected under this
19
Section shall be afforded an opportunity to demonstrate to the
20
Department or Board that the person can resume practice in
21
compliance with acceptable and prevailing standards under the
22
provisions of the person's license.
23

(g) The Department may adopt rules to implement,
24
administer, and enforce this Section.
25
(Source: P.A. 104-432, eff. 1-1-26
.)

HB5171
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LRB104 17851 AAS 31285 b
1

(225 ILCS 6/70)
2

(Section scheduled to be repealed on January 1, 2028)
3

Sec. 70.
Unlicensed practice; violation; civil penalty.
4

(a) Any person who practices, offers to practice, attempts
5
to practice, or holds oneself out to practice as a licensed
6
behavior analyst or licensed assistant behavior analyst
7
without being licensed or exempt under this Act shall, in
8
addition to any other penalty provided by law, pay a civil
9
penalty to the Department in an amount not to exceed $10,000
10
for each offense, as determined by the Department. The civil
11
penalty shall be assessed by the Department after a hearing is
12
held in accordance with the provisions set forth in this Act
13
regarding the provision of a hearing for the discipline of a
14
licensee.
15

(a-5) Any member, partner, shareholder, director, officer,
16
holder of any other ownership interest, or agent of a business
17
organization that provides behavior analysis services who
18
makes clinical decisions regarding patient care without being
19
licensed or exempt under this Act shall be deemed to have
20
violated this Section.

21

(b) The Department may investigate any actual, alleged, or
22
suspected unlicensed activity.
23

(c) The civil penalty shall be paid within 60 days after
24
the effective date of the order imposing the civil penalty.
25
The order shall constitute a final judgment and may be filed
26
and execution had thereon in the same manner as any judgment

HB5171
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LRB104 17851 AAS 31285 b
1
from any court of record.
2
(Source: P.A. 102-953, eff. 5-27-22.)

3

(225 ILCS 6/150 rep.)
4

Section 10.
The Behavior Analyst Licensing Act is amended
5
by repealing Section 150.

6

Section 15.
The Professional Service Corporation Act is
7
amended by changing Section 3.6 as follows:

8

(805 ILCS 10/3.6)

(from Ch. 32, par. 415-3.6)
9

Sec. 3.6.
"Related professions" and "related professional
10
services" mean more than one personal service which requires
11
as a condition precedent to the rendering thereof the
12
obtaining of a license and which prior to October 1, 1973 could
13
not be performed by a corporation by reason of law; provided,
14
however, that these terms shall be restricted to:
15

(1) a combination of 2 or more of the following
16

personal services: (a) "architecture" as defined in
17

Section 5 of the Illinois Architecture Practice Act of
18

1989, (b) "professional engineering" as defined in Section
19

4 of the Professional Engineering Practice Act of 1989,
20

(c) "structural engineering" as defined in Section 5 of
21

the Structural Engineering Practice Act of 1989, (d) "land
22

surveying" as defined in Section 2 of the Illinois
23

Professional Land Surveyor Act of 1989;

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(2) a combination of the following personal services:
2

(a) the practice of medicine by persons licensed under the
3

Medical Practice Act of 1987, (b) the practice of podiatry
4

as defined in the Podiatric Medical Practice Act of 1987,
5

(c) the practice of dentistry as defined in the Illinois
6

Dental Practice Act, (d) the practice of optometry as
7

defined in the Illinois Optometric Practice Act of 1987;
8

(3) a combination of 2 or more of the following
9

personal services: (a) the practice of clinical psychology
10

by persons licensed under the Clinical Psychologist
11

Licensing Act, (b) the practice of social work or clinical
12

social work by persons licensed under the Clinical Social
13

Work and Social Work Practice Act, (c) the practice of
14

marriage and family therapy by persons licensed under the
15

Marriage and Family Therapy Licensing Act, (d) the
16

practice of professional counseling or clinical
17

professional counseling by persons licensed under the
18

Professional Counselor and Clinical Professional Counselor
19

Licensing and Practice Act,
or
(e) the practice of sex
20

offender evaluations by persons licensed under the Sex
21

Offender Evaluation and Treatment Provider Act
, or (f) the
22

practice of applied behavior analysis by persons licensed
23

under the Behavior Analyst Licensing Act
; or
24

(4) a combination of 2 or more of the following
25

personal services: (a) the practice of acupuncture by
26

persons licensed under the Acupuncture Practice Act, (b)

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1

the practice of massage by persons licensed under the
2

Massage Therapy Practice Act, (c) the practice of
3

naprapathy by persons licensed under the Naprapathic
4

Practice Act, (d) the practice of occupational therapy by
5

persons licensed under the Illinois Occupational Therapy
6

Practice Act, (e) the practice of physical therapy by
7

persons licensed under the Illinois Physical Therapy Act,
8

or
(f) the practice of speech-language therapy by persons
9

licensed under the Illinois Speech-Language Pathology and
10

Audiology Practice Act
, or (g) the practice of applied
11

behavior analysis by persons licensed under the Behavior
12

Analyst Licensing Act
.
13
(Source: P.A. 101-95, eff. 7-19-19; 102-20, eff. 1-1-22
.)

14

Section 20.
The Professional Limited Liability Company Act
15
is amended by changing Section 13 as follows:

16

(805 ILCS 185/13)
17

Sec. 13.
Nature of business.
18

(a) A professional limited liability company may be formed
19
to provide a professional service or services licensed by the
20
Department except:
21

(1) the practice of dentistry unless all the members
22

and managers are licensed as dentists under the Illinois
23

Dental Practice Act;
24

(2) the practice of medicine unless all the managers,

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1

if any, are licensed to practice medicine under the
2

Medical Practice Act of 1987 and each member is either:
3

(A) licensed to practice medicine under the
4

Medical Practice Act of 1987;
5

(B) a registered medical corporation or
6

corporations organized pursuant to the Medical
7

Corporation Act;
8

(C) a professional corporation organized pursuant
9

to the Professional Service Corporation Act of
10

physicians licensed to practice under the Medical
11

Practice Act of 1987;
12

(D) a hospital or hospital affiliate as defined in
13

Section 10.8 of the Hospital Licensing Act; or
14

(E) a professional limited liability company that
15

satisfies the requirements of subparagraph (A), (B),
16

(C), or (D);
17

(3) the practice of real estate unless all the members
18

and managers, if any, that actively participate in the
19

real estate activities of the professional limited
20

liability company are licensed to practice as a managing
21

broker or broker pursuant to the Real Estate License Act
22

of 2000. All nonparticipating members or managers shall
23

submit affidavits of nonparticipation as required by the
24

Department and the Real Estate License Act of 2000;
25

(4) the practice of clinical psychology unless all the
26

managers and members are licensed to practice as a

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1

clinical psychologist under the Clinical Psychologist
2

Licensing Act;
3

(5) the practice of social work unless all the
4

managers and members are licensed to practice as a
5

clinical social worker or social worker under the Clinical
6

Social Work and Social Work Practice Act;
7

(6) the practice of marriage and family therapy unless
8

all the managers and members are licensed to practice as a
9

marriage and family therapist under the Marriage and
10

Family Therapy Licensing Act;
11

(7) the practice of professional counseling unless all
12

the managers and members are licensed to practice as a
13

clinical professional counselor or a professional
14

counselor under the Professional Counselor and Clinical
15

Professional Counselor Licensing and Practice Act;
16

(8) the practice of sex offender evaluation and
17

treatment unless all the managers and members are licensed
18

to practice as a sex offender evaluator or sex offender
19

treatment provider under the Sex Offender Evaluation and
20

Treatment Provider Act; or
21

(9) the practice of veterinary medicine unless all the
22

managers and members are licensed to practice as a
23

veterinarian under the Veterinary Medicine and Surgery
24

Practice Act of 2004.
25

(b) Notwithstanding any provision of this Section, any of
26
the following professional services may be combined and

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1
offered within a single professional limited liability company
2
provided that each professional service is offered only by
3
persons licensed to provide that professional service and all
4
managers and members are licensed in at least one of the
5
professional services offered by the professional limited
6
liability company:
7

(1) the practice of medicine by physicians licensed
8

under the Medical Practice Act of 1987, the practice of
9

podiatry by podiatric physicians licensed under the
10

Podiatric Medical Practice Act of 1987, the practice of
11

dentistry by dentists licensed under the Illinois Dental
12

Practice Act, and the practice of optometry by
13

optometrists licensed under the Illinois Optometric
14

Practice Act of 1987;
15

(2) the practice of clinical psychology by clinical
16

psychologists licensed under the Clinical Psychologist
17

Licensing Act, the practice of social work by clinical
18

social workers or social workers licensed under the
19

Clinical Social Work and Social Work Practice Act, the
20

practice of marriage and family counseling by marriage and
21

family therapists licensed under the Marriage and Family
22

Therapy Licensing Act, the practice of professional
23

counseling by professional counselors and clinical
24

professional counselors licensed under the Professional
25

Counselor and Clinical Professional Counselor Licensing
26

and Practice Act,
the practice of applied behavior

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1

analysis by behavior analysts and assistant behavior
2

analysts licensed under the Behavior Analyst Licensing
3

Act,
and the practice of sex offender evaluation and
4

treatment by sex offender evaluators and sex offender
5

treatment providers licensed under the Sex Offender
6

Evaluation and Treatment Provider Act;
7

(3) the practice of architecture by persons licensed
8

under the Illinois Architecture Practice Act of 1989, the
9

practice of professional engineering by persons licensed
10

under the Professional Engineering Practice Act of 1989,
11

the practice of structural engineering by persons licensed
12

under the Structural Engineering Practice Act of 1989, and
13

the practice of land surveying by persons licensed under
14

the Illinois Professional Land Surveyor Act of 1989; or
15

(4) the practice of acupuncture by persons licensed
16

under the Acupuncture Practice Act, the practice of
17

massage by persons licensed under the Massage Licensing
18

Act, the practice of naprapathy by persons licensed under
19

the Naprapathic Practice Act, the practice of occupational
20

therapy by persons licensed under the Illinois
21

Occupational Therapy Practice Act, the practice of
22

physical therapy by persons licensed under the Illinois
23

Physical Therapy Act, and the practice of speech-language
24

pathology by persons licensed under the Illinois
25

Speech-Language Pathology and Audiology Practice Act.
26
(Source: P.A. 102-970, eff. 5-27-22.)

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1

Section 99.
Effective date.
This Act takes effect upon
2
becoming law.

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