With the evolution of autism-related therapies and range of overlapping scopes of practice in occupational therapy, physical therapy, and speech-language pathology, in addition to the newly established behavior analyst licensure, a review and update of professional licensure statutes and business incorporation laws is necessary. The impact on occupational therapy practicioners involves legislation regarding both scope of practice and business ownership. In the 2026 legislative session, updates to the Illinois Behavior Analyst Licensing Act (ABA Act) are being proposed by the Illinois Association of Behavior Analysis - ILABA (Senate Amendment to Senate Bill 3905) and Illinois Providers for ABA Access and Quality - IPAAQ (House Bill 5171 and Senate Bill 3807).
The Illinois Behavior Analyst Licensing Act (ABA Act) - initially signed into law May 27, 2022, and amended August 9, 2024 - has an encompassing scope of practice definition, see Section 10 of the ABA Act, that overlaps with the scope of practice definitions of the Illinois Occupational Therapy Practice Act, see Sections 2(6) & 2(7), so in order to avoid dual licensure burdens and professional disciplinary confusion, Section 20(3) of the ABA Act can be amended to include occupational therapy practitioners into the list of professions exempt from needing licensure under the ABA Act to perform services within its scope of practice definition.
(225 ILCS 6/20)
Sec. 20. License required; exemptions.
(a) Beginning 10 months after the adoption of the rules required under subsection (b) of Section 80, an individual shall not engage in the practice of applied behavior analysis unless licensed under this Act or covered by an exemption under subsection (c).
(a-5) An individual licensed under this Act as an assistant behavior analyst shall not engage in the practice of applied behavior analysis unless supervised by a licensed clinical psychologist or licensed behavior analyst.
(b) Beginning 10 months after the adoption of the rules required under subsection (b) of Section 80, an individual shall not use the title "licensed behavior analyst", "L.B.A.", "licensed assistant behavior analyst", "L.A.B.A.", or similar words or letters indicating the individual is licensed as a behavior analyst or assistant behavior analyst unless the individual is actually licensed under this Act.
(c) This Act does not prohibit any of the following:
(1) Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold oneself out to be a behavior analyst or assistant behavior analyst.
(2) An individual from implementing a behavior analytic treatment plan under the extended authority, direction, and supervision of a licensed behavior analyst or licensed assistant behavior analyst.
(3) A clinical psychologist, social worker, psychiatric nurse, speech-language pathologist, audiologist, professional counselor, clinical professional counselor, clinical social worker, or marriage and family therapist from performing or advertising activities that are considered to be the practice of applied behavior analysis under this Act if the activities are consistent with the laws of this State, the individual's training, and any code of ethics of the individual's respective professions, so long as the individual does not use the titles provided in subsection (b).[occupational therapy practicioners to be added to this examption paragraph]
(4) An individual from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are with nonhumans, including applied animal behaviorists and animal trainers. The individual may use the title "behavior analyst" but shall not represent oneself as a licensed behavior analyst or licensed assistant behavior analyst unless the individual holds a license issued by the State.
(5) An individual who provides general applied behavior analysis services to organizations, so long as the services are for the benefit of the organizations and do not involve direct services to individuals. The individual may use the title "behavior analyst" but may not represent oneself as a licensed behavior analyst or licensed assistant behavior analyst unless the individual holds a license issued by the State.
(6) An individual who is a matriculated student at a nationally accredited university approved in rules or a postdoctoral fellow from performing activities that are considered to be the practice of applied behavior analysis under this Act if the activities are part of a defined program of study, course, practicum, internship, or postdoctoral fellowship, provided that the applied behavior analysis activities are directly supervised by a licensed behavior analyst under this Act or a licensed clinical psychologist.
(7) An individual who is not licensed under this Act from pursuing field experience in the practice of behavior analysis if the experience is supervised by a licensed behavior analyst or a licensed psychologist.
(8) An individual with a learning behavior specialist or school support personnel endorsement from the State Board of Education, the school district in which the school is located, or a special education joint agreement serving the school district in which the school is located from delivering behavior analytic services in a school setting when employed by that school as long as those services are defined in the scope of practice for that endorsement and that person is not in any manner held out to the public as a licensed behavior analyst or licensed assistant behavior analyst.
(9) A qualified intellectual disabilities professional, meeting the minimum federal education requirements outlined in 42 CFR 483.430, who is performing the duties required for individuals with intellectual or developmental disabilities in programs and facilities regulated by the federal Centers for Medicare and Medicaid Services, the Department of Human Services, or the Department of Public Health, so long as the individual does not use the titles provided in subsection (b).
(10) A service provider, designated by the Department of Human Services, from providing behavior intervention and treatment, so long as the individual does not use the titles provided in subsection (b).
(d) This Act does not apply to an individual who, on the effective date of this Act, is engaging in the practice of applied behavior analysis under the medical assistance program under the Illinois Public Aid Code while that individual is seeking the education, training, and experience necessary to obtain a license under this Act.
(e) No licensed behavior analyst or licensed assistant behavior analyst shall engage in the practice of speech-language pathology or the practice of audiology, as defined in the Illinois Speech-Language Pathology and Audiology Practice Act, unless licensed to do so under that Act.
(Source: P.A. 102-953, eff. 5-27-22; 103-857, eff. 8-9-24)
The Illinois Behavior Analyst Licensing Act (ABA Act) - initially signed into law May 27, 2022, and amended August 9, 2024 - has ownership limitations that require individual business owner licensure under the ABA Act, see Section 150, if the entity provides services within the ABA Act scope of practice definition, see Section 10.
"The Department commenced licensing behavior analysts and assistant behavior analysts on January 15, 2025. By or before January 15, 2027 anyone who is not licensed as a behavior analyst or assistant behavior analyst pursuant to the Illinois Behavior Analyst Licensing Act, and who currently owns a business providing applied behavior analysis services must divest from the business"
https://idfpr.illinois.gov/profs/behavior-analysts.htmlWhile this business owner requirement is also present in the Clinical Psychologist Licensing Act, Clinical Social Work and Social Work Practice Act, Marriage and Family Therapy Licensing Act, and Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, there is a distinction with those professions compared to how applied behavior analysis (ABA) is just one aspect of a multi-disciplinary universe of therapy for individuals with autism. Ultimately, (i) removal of individual ABA Act licensure requirements for every owner in a multi-disciplinary ownership arrangement and (ii) explicit recognition of multi-disciplinary ownership options for individual licensed under the ABA Act can remedy this business ownership burden.
(225 ILCS 6/150)
Sec. 150. License restrictions and limitations. Notwithstanding the exclusion in paragraph (2) of subsection (c) of Section 20 that permits an individual to implement a behavior analytic treatment plan under the extended authority, direction, and supervision of a licensed behavior analyst or licensed assistant behavior analyst, beginning 24 months after the Department has commenced issuance of licenses under this Act, no business organization shall provide, attempt to provide, or offer to provide behavior analysis services unless every member, partner, shareholder, director, officer, holder of any other ownership interest, agent, and employee who renders applied behavior analysis services holds a currently valid license issued under this Act [application of Section 20(c)(3) exemptions or other similar professional competency/responsibility to be added here]. No business shall be created that (i) has a stated purpose that includes behavior analysis, or (ii) practices or holds itself out as available to practice behavior analysis therapy, unless it is organized under the Professional Service Corporation Act or Professional Limited Liability Company Act [multi-disciplinary ownership with ABA Act licensed individuals to be added to each professional business law, 805 ILCS 10/3.6 and 805 ILCS 185/13(b), respectively. Nothing in this Act shall preclude individuals licensed under this Act from practicing directly or indirectly for a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987 or for any legal entity as provided under subsection (c) of Section 22.2 of the Medical Practice Act of 1987.
(Source: P.A. 102-953, eff. 5-27-22; 102-1118, eff. 1-18-233; 103-857, eff. 8-9-24)