Illinois has officially implemented licensure requirements for behavior analysts and assistant behavior analysts under the Illinois Behavior Analyst Licensing Act. With enforcement now underway, practitioners and organizations providing applied behavior analysis services must ensure they are compliant. This post explains the key provisions of the Act and what they mean in practice.
Overview of the Illinois Behavior Analyst Licensing Act
The Illinois Behavior Analyst Licensing Act establishes licensure requirements for behavior analysts and assistant behavior analysts, defines the scope of practice for each role, and grants enforcement authority to the Illinois Department of Financial and Professional Regulation (IDFPR). The IDFPR had implemented rules that govern the behavior analyst licensing and practice. Understanding and complying with the Act is critical to avoid significant financial penalties, protect professional licensure, ensure proper business structuring, and minimize the risk of enforcement actions that could disrupt practice operations.
Scope of Practice
The Illinois Behavior Analyst Licensing Act defines behavior analysis services as the scientific design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior, including functional assessment and analysis. These services rely on research-based methods and direct observation to increase, decrease, or develop behaviors.
Importantly, behavior analysis does not include:
- Diagnosis
- Psychological testing
- Psychotherapy
- Counseling
Those services remain within the scope of other licensed professions, including Illinois-licensed psychiatrists and mental health providers.
Licensure, Qualifications, and Supervision Requirements
The Illinois Behavior Analyst Licensing Act became enforceable on April 21, 2025. Since then, individuals may not practice applied behavior analysis in Illinois unless they are licensed under the Act or qualify for a statutory exemption. They also may not use the titles “Licensed Behavior Analyst,” “L.B.A.,” “Licensed Assistant Behavior Analyst,” or “L.A.B.A.” unless they are properly licensed under the Act.
Licensed assistant behavior analysts must practice under the supervision of a licensed behavior analyst or a licensed clinical psychologist. The Act sets forth the qualifications required for licensure as a behavior analyst and assistant behavior analyst and allows applicants licensed in another jurisdiction to obtain an Illinois license if that jurisdiction’s requirements are substantially equivalent to those in Illinois, or if the applicant’s qualifications at the time of licensure were substantially equivalent to Illinois standards then in effect.
The Act also outlines license renewal procedures and the consequences of failing to renew a license on time.
Exemptions to Licensure under the Behavior Analyst Licensing Act
Importantly, the Illinois Behavior Analyst Licensing Act does not prohibit certain individuals from providing services without licensure, including (but not limited to):
- Family members providing uncompensated care
- Certain licensed health professionals acting within the scope of their own licenses
- Individuals providing ABA services to organizations (not directly to individuals) for the benefit of the organization
- Qualified professionals providing services in school or other government-regulated settings
- Students and trainees in supervised educational programs
Note, the above exempt individuals may not hold themselves out as licensed behavior analysts unless licensed under the Act.
Business Structure Requirements: Illinois Professional Corporations and Professional Limited Liability Companies
The Illinois Behavior Analyst Licensing Act imposes significant requirements on businesses providing behavior analysis services.
Licensing of Service Providers
Notwithstanding the exemptions above, no business organization may provide behavior analysis services unless every individual who renders such services holds a valid Illinois license under the Act. This includes:
- Members
- Partners
- Shareholders
- Directors
- Officers
- Agents
- Employees
Required Business Formation
If a business provides behavior analysis or holds itself out as available to provide behavioral analysis therapy, it must be organized under either the Professional Service Corporation Act or the Professional Limited Liability Company Act. An individual licensed under the Act may also work under an Illinois-licensed physician.
Enforcement and Penalties for Violations of the Act
The Act gives the IDFPR broad enforcement authority. Practicing without proper licensure may result in civil penalties of up to $10,000 per offense. Additionally, IDFPR may suspend a license without a prior hearing if continued practice poses an imminent danger to the public.
The IDFPR may also deny, suspend, revoke, reprimand, place on probation, or fine a licensee (up to $10,000 per violation) for conduct including violations of the Act, unethical or unprofessional conduct, and physical or mental impairment.
IDFPR may enforce the Act through license denial or suspension, required examinations or treatment, subpoenas, and court.
Why This Matters
Illinois’ new licensure requirements for behavior analysts affect both individual practitioners and the organizations that employ them. Practitioners must ensure they are properly licensed, use the correct professional titles, and, if serving as assistant behavior analysts, work under the required supervision. Organizations providing applied behavior analysis services should review their ownership structure, business formation, and the licensure status of anyone delivering services. Failure to comply can result in significant fines and disciplinary action.
Get Legal Support
If you are a behavior analyst, assistant behavior analyst, or healthcare organization in Illinois, now is the time to review your compliance plan. Making sure you are properly licensed, following supervision rules, and using the correct business structure is important to avoid fines and disciplinary action.
Speaking with a healthcare attorney can help you understand your obligations and protect your practice. If you’re located in one of the states where we have licensed attorneys, you can schedule a free consultation with one of our experienced healthcare lawyers.
This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. It does not create an attorney-client relationship between our firm and the reader. It should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.
