BEHAVIOR ANALYST LICENSING

Illinois General Assembly - Full Text of SB4170

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB4170

Home

Legislation

Full Text

SB4170 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4170

Introduced 3/10/2026, by Sen. Meg Loughran Cappel

SYNOPSIS AS INTRODUCED:

See Index

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. Provides that any
member, partner, shareholder, director, officer, holder of any other
ownership interest, or agent of a business organization that provides
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 concerning unlicensed practice, violation, and
civil penalty. Provides that, notwithstanding any other provision of the
Act and any rules adopted under the Act, a public school, school district,
charter school, or nonprofit organization that is exempt or qualified for
exemption from federal income taxes under Section 501(c)(3) of the
Internal Revenue Code may employ or contract with a licensed behavioral
analyst regardless of whether each individual who owns, operates, or
manages the public school, school district, charter school, or nonprofit
organization holds a currently valid license issued under the Act.
Provides that a public school, school district, charter school, or
nonprofit organization that is exempt or qualified for exemption from
federal income taxes under Section 501(c)(3) of the Internal Revenue Code
may employ, contract with, or otherwise engage a licensed behavioral
analyst to perform services within his or her scope of practice if the
licensed behavioral analyst holds a currently valid license under the Act.
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 persons licensed under the Behavior
Analyst Licensing Act to the list of professional services that may be
combined under a single professional limited liability company. Effective
immediately.
LRB104 21084 CCC 35216 b

A BILL FOR

SB4170
LRB104 21084 CCC 35216 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 and 70 and by adding Section 150.1 as
6
follows:

7

(225 ILCS 6/20)
8

(Section scheduled to be repealed on January 1, 2028)
9

Sec. 20.
License required; exemptions.

10

(a) Beginning 10 months after the adoption of the rules
11
required under subsection (b) of Section 80, an individual
12
shall not engage in the practice of applied behavior analysis
13
unless licensed under this Act or covered by an exemption
14
under subsection (c).
15

(a-5) An individual licensed under this Act as an
16
assistant behavior analyst shall not engage in the practice of
17
applied behavior analysis unless supervised by a licensed
18
clinical psychologist or licensed behavior analyst.
19

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

SB4170
- 2 -
LRB104 21084 CCC 35216 b
1
behavior analyst or assistant behavior analyst unless the
2
individual is actually licensed under this Act.
3

(c) This Act does not prohibit any of the following:
4

(1) Self-care by a patient or uncompensated care by a
5

friend or family member who does not represent or hold
6

oneself out to be a behavior analyst or assistant behavior
7

analyst.
8

(2) An individual from implementing a behavior
9

analytic treatment plan under the extended authority,
10

direction, and supervision of a licensed behavior analyst
11

or licensed assistant behavior analyst.
12

(3) A clinical psychologist, social worker,
13

psychiatric nurse, speech-language pathologist,
14

audiologist, professional counselor, clinical
15

professional counselor, clinical social worker,
16

occupational therapist,
or marriage and family therapist
17

from performing or advertising activities that are
18

considered to be the practice of applied behavior analysis
19

under this Act if the activities are consistent with the
20

laws of this State, the individual's training, and any
21

code of ethics of the individual's respective professions,
22

so long as the individual does not use the titles provided
23

in subsection (b).
24

(4) An individual from performing activities that are
25

considered to be the practice of applied behavior analysis
26

under this Act if the activities are with nonhumans,

SB4170
- 3 -
LRB104 21084 CCC 35216 b
1

including applied animal behaviorists and animal trainers.
2

The individual may use the title "behavior analyst" but
3

shall not represent oneself as a licensed behavior analyst
4

or licensed assistant behavior analyst unless the
5

individual holds a license issued by the State.
6

(5) An individual who provides general applied
7

behavior analysis services to organizations, so long as
8

the services are for the benefit of the organizations and
9

do not involve direct services to individuals. The
10

individual may use the title "behavior analyst" but may
11

not represent oneself as a licensed behavior analyst or
12

licensed assistant behavior analyst unless the individual
13

holds a license issued by the State.
14

(6) An individual who is a matriculated student at a
15

nationally accredited university approved in rules or a
16

postdoctoral fellow from performing activities that are
17

considered to be the practice of applied behavior analysis
18

under this Act if the activities are part of a defined
19

program of study, course, practicum, internship, or
20

postdoctoral fellowship, provided that the applied
21

behavior analysis activities are directly supervised by a
22

licensed behavior analyst under this Act or a licensed
23

clinical psychologist.
24

(7) An individual who is not licensed under this Act
25

from pursuing field experience in the practice of behavior
26

analysis if the experience is supervised by a licensed

SB4170
- 4 -
LRB104 21084 CCC 35216 b
1

behavior analyst or a licensed psychologist.
2

(8) An individual with a learning behavior specialist
3

or school support personnel endorsement from the State
4

Board of Education, the school district in which the
5

school is located, or a special education joint agreement
6

serving the school district in which the school is located
7

from delivering behavior analytic services in a school
8

setting when employed by that school as long as those
9

services are defined in the scope of practice for that
10

endorsement and that person is not in any manner held out
11

to the public as a licensed behavior analyst or licensed
12

assistant behavior analyst.
13

(9) A qualified intellectual disabilities
14

professional, meeting the minimum federal education
15

requirements outlined in 42 CFR 483.430, who is performing
16

the duties required for individuals with intellectual or
17

developmental disabilities in programs and facilities
18

regulated by the federal Centers for Medicare and Medicaid
19

Services, the Department of Human Services, or the
20

Department of Public Health, so long as the individual
21

does not use the titles provided in subsection (b).
22

(10) A service provider, designated by the Department
23

of Human Services, from providing behavior intervention
24

and treatment, so long as the individual does not use the
25

titles provided in subsection (b).
26

(d) This Act does not apply to an individual who, on the

SB4170
- 5 -
LRB104 21084 CCC 35216 b
1
effective date of this Act, is engaging in the practice of
2
applied behavior analysis under the medical assistance program
3
under the Illinois Public Aid Code while that individual is
4
seeking the education, training, and experience necessary to
5
obtain a license under this Act.
6

(e) No licensed behavior analyst or licensed assistant
7
behavior analyst shall engage in the practice of
8
speech-language pathology or the practice of audiology, as
9
defined in the Illinois Speech-Language Pathology and
10
Audiology Practice Act, unless licensed to do so under that
11
Act.
12
(Source: P.A. 102-953, eff. 5-27-22; 103-857, eff. 8-9-24.)

13

(225 ILCS 6/70)
14

(Section scheduled to be repealed on January 1, 2028)
15

Sec. 70.
Unlicensed practice; violation; civil penalty.
16

(a) Any person who practices, offers to practice, attempts
17
to practice, or holds oneself out to practice as a licensed
18
behavior analyst or licensed assistant behavior analyst
19
without being licensed or exempt under this Act shall, in
20
addition to any other penalty provided by law, pay a civil
21
penalty to the Department in an amount not to exceed $10,000
22
for each offense, as determined by the Department. The civil
23
penalty shall be assessed by the Department after a hearing is
24
held in accordance with the provisions set forth in this Act
25
regarding the provision of a hearing for the discipline of a

SB4170
- 6 -
LRB104 21084 CCC 35216 b
1
licensee.
2

(a-5) Any member, partner, shareholder, director, officer,
3
holder of any other ownership interest, or agent of a business
4
organization that provides behavior analysis services who
5
makes clinical decisions regarding patient care without being
6
licensed or exempt under this Act shall be deemed to have
7
violated this Section.

8

(b) The Department may investigate any actual, alleged, or
9
suspected unlicensed activity.
10

(c) The civil penalty shall be paid within 60 days after
11
the effective date of the order imposing the civil penalty.
12
The order shall constitute a final judgment and may be filed
13
and execution had thereon in the same manner as any judgment
14
from any court of record.
15
(Source: P.A. 102-953, eff. 5-27-22.)

16

(225 ILCS 6/150.1 new)
17

Sec. 150.1.
Ownership exemption for certain schools and
18
nonprofit organizations.
Notwithstanding any provision of this
19
Act and any rules adopted under this Act, a public school,
20
school district, charter school, or nonprofit organization
21
that is exempt or qualified for exemption from federal income
22
taxes under Section 501(c)(3) of the Internal Revenue Code may
23
employ or contract with a licensed behavioral analyst
24
regardless of whether each individual who owns, operates, or
25
manages the public school, school district, charter school, or

SB4170
- 7 -
LRB104 21084 CCC 35216 b
1
nonprofit organization holds a currently valid license issued
2
under this Act. A public school, school district, charter
3
school, or nonprofit organization that is exempt or qualified
4
for exemption from federal income taxes under Section
5
501(c)(3) of the Internal Revenue Code may employ, contract
6
with, or otherwise engage a licensed behavioral analyst to
7
perform services within his or her scope of practice if the
8
licensed behavioral analyst holds a currently valid license
9
issued under this Act.

10

Section 10.
The Professional Service Corporation Act is
11
amended by changing Section 3.6 as follows:

12

(805 ILCS 10/3.6)

(from Ch. 32, par. 415-3.6)
13

Sec. 3.6.
"Related professions" and "related professional
14
services" mean more than one personal service which requires
15
as a condition precedent to the rendering thereof the
16
obtaining of a license and which prior to October 1, 1973 could
17
not be performed by a corporation by reason of law; provided,
18
however, that these terms shall be restricted to:
19

(1) a combination of 2 or more of the following
20

personal services: (a) "architecture" as defined in
21

Section 5 of the Illinois Architecture Practice Act of
22

1989, (b) "professional engineering" as defined in Section
23

4 of the Professional Engineering Practice Act of 1989,
24

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

SB4170
- 8 -
LRB104 21084 CCC 35216 b
1

the Structural Engineering Practice Act of 1989, (d) "land
2

surveying" as defined in Section 2 of the Illinois
3

Professional Land Surveyor Act of 1989;
4

(2) a combination of the following personal services:
5

(a) the practice of medicine by persons licensed under the
6

Medical Practice Act of 1987, (b) the practice of podiatry
7

as defined in the Podiatric Medical Practice Act of 1987,
8

(c) the practice of dentistry as defined in the Illinois
9

Dental Practice Act, (d) the practice of optometry as
10

defined in the Illinois Optometric Practice Act of 1987;
11

(3) a combination of 2 or more of the following
12

personal services: (a) the practice of clinical psychology
13

by persons licensed under the Clinical Psychologist
14

Licensing Act, (b) the practice of social work or clinical
15

social work by persons licensed under the Clinical Social
16

Work and Social Work Practice Act, (c) the practice of
17

marriage and family therapy by persons licensed under the
18

Marriage and Family Therapy Licensing Act, (d) the
19

practice of professional counseling or clinical
20

professional counseling by persons licensed under the
21

Professional Counselor and Clinical Professional Counselor
22

Licensing and Practice Act, or (e) the practice of sex
23

offender evaluations by persons licensed under the Sex
24

Offender Evaluation and Treatment Provider Act; or
25

(4) a combination of 2 or more of the following
26

personal services: (a) the practice of acupuncture by

SB4170
- 9 -
LRB104 21084 CCC 35216 b
1

persons licensed under the Acupuncture Practice Act, (b)
2

the practice of massage by persons licensed under the
3

Massage Therapy Practice Act, (c) the practice of
4

naprapathy by persons licensed under the Naprapathic
5

Practice Act, (d) the practice of occupational therapy by
6

persons licensed under the Illinois Occupational Therapy
7

Practice Act, (e) the practice of physical therapy by
8

persons licensed under the Illinois Physical Therapy Act,
9

or
(f) the practice of speech-language therapy by persons
10

licensed under the Illinois Speech-Language Pathology and
11

Audiology Practice Act
, or (g) the practice of applied
12

behavior analysis by persons licensed under the Behavior
13

Analyst Licensing Act
.
14
(Source: P.A. 101-95, eff. 7-19-19; 102-20, eff. 1-1-22
.)

15

Section 15.
The Professional Limited Liability Company Act
16
is amended by changing Section 13 as follows:

17

(805 ILCS 185/13)
18

Sec. 13.
Nature of business.
19

(a) A professional limited liability company may be formed
20
to provide a professional service or services licensed by the
21
Department except:
22

(1) the practice of dentistry unless all the members
23

and managers are licensed as dentists under the Illinois
24

Dental Practice Act;

SB4170
- 10 -
LRB104 21084 CCC 35216 b
1

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

if any, are licensed to practice medicine under the
3

Medical Practice Act of 1987 and each member is either:
4

(A) licensed to practice medicine under the
5

Medical Practice Act of 1987;
6

(B) a registered medical corporation or
7

corporations organized pursuant to the Medical
8

Corporation Act;
9

(C) a professional corporation organized pursuant
10

to the Professional Service Corporation Act of
11

physicians licensed to practice under the Medical
12

Practice Act of 1987;
13

(D) a hospital or hospital affiliate as defined in
14

Section 10.8 of the Hospital Licensing Act; or
15

(E) a professional limited liability company that
16

satisfies the requirements of subparagraph (A), (B),
17

(C), or (D);
18

(3) the practice of real estate unless all the members
19

and managers, if any, that actively participate in the
20

real estate activities of the professional limited
21

liability company are licensed to practice as a managing
22

broker or broker pursuant to the Real Estate License Act
23

of 2000. All nonparticipating members or managers shall
24

submit affidavits of nonparticipation as required by the
25

Department and the Real Estate License Act of 2000;
26

(4) the practice of clinical psychology unless all the

SB4170
- 11 -
LRB104 21084 CCC 35216 b
1

managers and members are licensed to practice as a
2

clinical psychologist under the Clinical Psychologist
3

Licensing Act;
4

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

managers and members are licensed to practice as a
6

clinical social worker or social worker under the Clinical
7

Social Work and Social Work Practice Act;
8

(6) the practice of marriage and family therapy unless
9

all the managers and members are licensed to practice as a
10

marriage and family therapist under the Marriage and
11

Family Therapy Licensing Act;
12

(7) the practice of professional counseling unless all
13

the managers and members are licensed to practice as a
14

clinical professional counselor or a professional
15

counselor under the Professional Counselor and Clinical
16

Professional Counselor Licensing and Practice Act;
17

(8) the practice of sex offender evaluation and
18

treatment unless all the managers and members are licensed
19

to practice as a sex offender evaluator or sex offender
20

treatment provider under the Sex Offender Evaluation and
21

Treatment Provider Act; or
22

(9) the practice of veterinary medicine unless all the
23

managers and members are licensed to practice as a
24

veterinarian under the Veterinary Medicine and Surgery
25

Practice Act of 2004.
26

(b) Notwithstanding any provision of this Section, any of

SB4170
- 12 -
LRB104 21084 CCC 35216 b
1
the following professional services may be combined and
2
offered within a single professional limited liability company
3
provided that each professional service is offered only by
4
persons licensed to provide that professional service and all
5
managers and members are licensed in at least one of the
6
professional services offered by the professional limited
7
liability company:
8

(1) the practice of medicine by physicians licensed
9

under the Medical Practice Act of 1987, the practice of
10

podiatry by podiatric physicians licensed under the
11

Podiatric Medical Practice Act of 1987, the practice of
12

dentistry by dentists licensed under the Illinois Dental
13

Practice Act, and the practice of optometry by
14

optometrists licensed under the Illinois Optometric
15

Practice Act of 1987;
16

(2) the practice of clinical psychology by clinical
17

psychologists licensed under the Clinical Psychologist
18

Licensing Act, the practice of social work by clinical
19

social workers or social workers licensed under the
20

Clinical Social Work and Social Work Practice Act, the
21

practice of marriage and family counseling by marriage and
22

family therapists licensed under the Marriage and Family
23

Therapy Licensing Act, the practice of professional
24

counseling by professional counselors and clinical
25

professional counselors licensed under the Professional
26

Counselor and Clinical Professional Counselor Licensing

SB4170
- 13 -
LRB104 21084 CCC 35216 b
1

and Practice Act, and the practice of sex offender
2

evaluation and treatment by sex offender evaluators and
3

sex offender treatment providers licensed under the Sex
4

Offender Evaluation and Treatment Provider Act;
5

(3) the practice of architecture by persons licensed
6

under the Illinois Architecture Practice Act of 1989, the
7

practice of professional engineering by persons licensed
8

under the Professional Engineering Practice Act of 1989,
9

the practice of structural engineering by persons licensed
10

under the Structural Engineering Practice Act of 1989, and
11

the practice of land surveying by persons licensed under
12

the Illinois Professional Land Surveyor Act of 1989; or
13

(4) the practice of acupuncture by persons licensed
14

under the Acupuncture Practice Act, the practice of
15

massage by persons licensed under the Massage Licensing
16

Act, the practice of naprapathy by persons licensed under
17

the Naprapathic Practice Act, the practice of occupational
18

therapy by persons licensed under the Illinois
19

Occupational Therapy Practice Act, the practice of
20

physical therapy by persons licensed under the Illinois
21

Physical Therapy Act,
the practice of applied behavior
22

analysis by persons licensed under the Behavior Analyst
23

Licensing 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.)

SB4170
- 14 -
LRB104 21084 CCC 35216 b
1

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

SB4170
- 15 -
LRB104 21084 CCC 35216 b
1

INDEX

2

Statutes amended in order of appearance

3

225 ILCS 6/20
4

225 ILCS 6/70
5

225 ILCS 6/150.1 new
6

805 ILCS 10/3.6
from Ch. 32, par. 415-3.6
7

805 ILCS 185/13

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn