Ill. Admin. Code tit. 68 § 1376.50

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1376.50 - Continuing Education

a) Continuing Education (CE) Requirements

1) Beginning with the 2027 renewal period, all licensed behavior analysts shall complete 30 hours of approved CE during the 24 months preceding renewal. All licensed assistant behavior analysts shall complete 20 hours of approved CE during the 24 months preceding renewal.

2) As part of the required hours of CE for renewal, CE must be obtained as provided 68 Ill. Adm. Code 1130, Subpart E.

3) A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

4) Licensees licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

5) CE hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois as provided in subsection (d).

b) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean:

A) Behavior Analyst Certification Board approved continuing education providers;

B) American Psychological Association;

C) Any Illinois university or college that offers a degree in behavior analysis and that provides CE in a form and manner consistent with this Section; or

D) Any other person, firm, association, corporation, or other group that has been approved and authorized by the Division pursuant to subsection (b)(2), below, upon recommendation of the Board to coordinate and present continuing education courses or programs.

2) Entities seeking approval as CE sponsors pursuant to subsection (b)(1)(D) shall file an application, on forms supplied by the Division, along with the application fee specified in Section 1376.65. The applicant shall certify on the application the following:

A) That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (b)(3), and all other criteria in this Section. A sponsor shall be required to submit a CE program with course materials for review prior to being approved as a CE sponsor;

B) That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (b)(7);

C) That, upon request by the Division, the sponsor will submit evidence (e.g., certificate of attendance or completion or course materials) as is necessary to establish compliance with this Section. Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the profession of applied behavior analysis;

B) Foster the enhancement of the behavior analyst profession and values;

C) Be developed and presented by persons with education and/or experience in the subject matter of the program;

D) Specify the course objectives, course content, and teaching methods to be used; and

E) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

4) CE may be offered in a classroom setting or by online instruction. Each online CE program shall include examination.

5) Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants. The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail or electronic means. The sponsor and instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

6) A sponsor approved pursuant to subsection (b)(1) may subcontract with individuals or organizations to provide approved programs. All advertising, promotional materials, and certificates of attendance must identify the approved sponsor. The presenter of the program may also be identified but should be identified as a presenter. When an approved sponsor subcontracts with a presenter, the sponsor retains all responsibility for monitoring attendance, providing certificates of attendance, and ensuring the program meets all the criteria established by the Act and this Section, including the maintenance of records.

7) Certification of Attendance.

A) It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:

i) The sponsor's name and, if applicable, sponsor approval number;

ii) The name of the participant;

iii) A brief statement of the subject matter;

iv) The number of hours attended in each program;

v) The date and place of the program; and

vi) The signature of the sponsor.

B) The sponsor shall maintain attendance records for not less than 5 years.

8) The sponsor shall be responsible for assuring that no one will receive CE hours for time not actually spent attending or participating in the program.

9) Upon the failure of the sponsor to comply with any of the requirements of subsection (b), the Division, after notice to the sponsor, shall thereafter refuse to accept for CE attendance at or participation any of that sponsor's CE programs until the Division receives assurances of compliance with this Section.

10) Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

c) Certification of compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

2) The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificates of attendance). This additional evidence shall be required in the context of the Division's random audit. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

3) When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request a hearing with the Board. At that time, the Board may recommend that steps be taken to begin formal disciplinary proceedings.

d) CE Attended in Other Jurisdictions

1) If a licensee has attended CE programs offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit towards full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days after expiration of the license. The program will be reviewed using the criteria set forth in subsection (b)(2) and the Division will notify the licensee of its decision.

2) If a licensee fails to submit an out-of-state CE approval form prior to participation in the program, late approval may be obtained by submitting the approval request with the $25 processing fee plus a late fee of $50 per CE hour, not to exceed $300. The program will be reviewed using the criteria set forth in subsection (b)(2).

3) CE completed online is not eligible for out-of-state CE credit. All online CE must be provided by an approved CE provider as set forth in subsection (b).

e) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements may file with the Division a renewal application, along with the fee set forth in Section 1376.65, an affidavit setting forth the facts concerning noncompliance and request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that good cause has been shown for granting a waiver, the Division will waive enforcement of CE requirements for the renewal period for which the applicant has applied.

2) Good cause shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewal period because of:

A) Full-time service in the Armed Forces of the United States during a substantial part of the pre-renewal period;

B) A temporary incapacitating illness document by a statement from a currently licensed health care provider; A second, consecutive request for a CE waiver pursuant to this subsection (e)(2)(B) shall be prima facie proof that the renewal applicant has a physical or mental illness, including, but not limited to, deterioration through the aging process or loss of cognitive or motor skills that results in the licensee's inability to practice applied behavioral analysis or as an assistant behavioral analyst with reasonable judgment, skill or safety, in violation of Section 60(a)(18) of the Act, and shall be grounds for denial of the renewal application or other disciplinary or non-disciplinary; or

C) Any other similar extenuating circumstances.

3) When the licensee is requesting a waiver due to physical or mental illness or incapacity, the licensee shall provide a current fitness to practice statement from a currently licensed health care provider familiar with the licensee's medical history.

4) Any renewal applicant who, prior to the expiration date of the license, submits a request for waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

Ill. Admin. Code tit. 68, § 1376.50

Adopted at 48 Ill. Reg. 8363, effective 5/23/2024