BILL NUMBER: SB 1282 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Steinberg
FEBRUARY 19, 2010
An act to add Chapter 5.2 (commencing with Section 2529.50)
to Division 2 of the Business and Professions Code, relating
to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1282, as amended, Steinberg. Applied behavioral
behavior analysis therapists
services: California Behavioral Certification Organization
.
Existing law provides for the licensure and regulation of various
healing arts practitioners, including, but not limited to, marriage
and family therapists, clinical social workers, educational
psychologists, and professional clinical counselors, by the Board of
Behavioral Sciences in the Department of Consumer Affairs.
This bill would state the intent of the Legislature to
enact legislation that would provide for the certification of applied
behavioral analysis therapists provide for the
certification or registration of specified applied behavior analysis
practitioners by a California Behavioral Certification Organization,
which would be a nonprofit organization meeting specified
requirements, and would impose certain duties on the organization.
The bill would specify which individuals would be
considered as qualified to practice applied behavior analysis
services, and would prohibit an individual from holding himself or
herself out as a practitioner unless he or she has complied with the
act or another applicable licensing provision or is otherwise
certified by certain nationally recognized entities. The bill would
authorize the organization to establish specified curriculum and
continuing education standards, and establish a certification and
registration process, in conjunction with the California Association
for Behavior Analysis (CalABA). The bill would require CalABA to
implement the certi fication or registration process until
the organization is established. The bill would set forth other
disciplinary standards and hearing requirements .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
enacting this act to provide state recognition of educated, trained,
and experienced individuals that provide applied behavior analysis
services to individuals with medical conditions such as autism
spectrum disorder and other conditions that are responsive to
behavior analysis. This act recognizes those professionals practicing
with existing licenses issued by the state and those certified by
nationally accredited organizations, and is intended to create an
additional pathway for certification through the establishment of a
private nonprofit organization that will enable consumers to identify
qualified providers of applied behavior analysis services. These
pathways for recognition of qualified providers will ensure that
providers have completed sufficient training at approved institutions
of higher education and follow nationally recognized standards for
recognition of these professionals upon which consumers and those who
pay for applied behavior analysis services, including private
entities, governmental entities, nonprofit organizations, health care
service plans, or insurers, may rely.
SEC. 2. Chapter 5.2 (commencing with Section
2529.50) is added to Division 2 of the Business and
Professions Code , to read:
CHAPTER 5.2. APPLIED BEHAVIOR ANALYSIS SERVICES
2529.50. For purposes of this chapter, the following terms have
the following meanings:
(a) "ANSI" means the American National Standards Institute.
(b) "BACB" means the Behavior Analyst Certification Board.
(c) "CalABA" means the California Association for Behavior
Analysis.
(d) "CBCO" or "organization" means the California Behavioral
Certification Organization established by this chapter.
(e) "NCCA" means the National Commission for Certifying Agencies.
2529.55. (a) A person who is qualified to provide applied
behavior analysis services, as enumerated in Section 2529.6, may do
all of the following:
(1) Design, implement, and evaluate systematic instructional and
environmental modifications to produce social improvements in the
behavior of individuals or groups.
(2) Apply the principles, methods, and procedures of behavior
analysis.
(3) Utilize contextual factors and establish operations,
antecedent stimuli, positive reinforcement, other consequences, and
other behavior analysis procedures to help people develop new
behaviors, increase or decrease existing behaviors, and emit
behaviors under specific environmental conditions.
(4) Assess functional relations between behavior and environmental
factors, known as functional assessment and functional analysis.
(5) Use procedures based on scientific research and the direct
observation and measurement of behavior and environment.
(6) Determine whether a nonlicensed or noncertified individual
shall be deemed as qualified to provide applied behavior analysis
services, exclusive of paragraph (7), subject to his or her
supervision and solely for the purpose of implementing the services
of applied behavior analysis developed by a person described in
subdivision (a) of Section 2529.6.
(7) Supervise the delivery of applied behavior analysis services
by nonlicensed or noncertified individuals as described in paragraph
(6).
(b) The practice of applied behavior analysis excludes
psychological testing, neuropsychology, psychotherapy, sex therapy,
psychoanalysis, hypnotherapy, and long-term counseling.
2529.6. (a) The following persons shall be recognized as
qualified to provide applied behavior analysis services as described
in Section 2529.55:
(1) Licensed professionals, including, but not limited to,
physicians and surgeons, psychologists, social workers, marriage and
family therapists, speech-language pathologists, occupational
therapists, physical therapists, or counselors, when acting within
the scope of their license, formal training, experience, and accepted
standards of their profession.
(2) An individual with certification in applied behavior analysis
from the BACB or another organization that is accredited by the NCCA
or ANSI whose mission is to meet professional credentialing needs
identified by behavior analysts, governments, and consumers of
behavior analysis services.
(3) An individual specializing in the treatment of autism spectrum
disorder who meets all of the following requirements if verified on
or before December 31, 2014, by one of the organizations specified in
Section 2529.8:
(A) Possesses a master's or doctorate degree in applied behavior
analysis or a related field.
(B) Demonstrates three years of experience in the last five years
of providing, on a consistent rather than an episodic basis, applied
behavior analysis services to individuals with autism spectrum
disorder, either as an independent professional or as an employee of
an organization providing services to those with autism spectrum
disorder.
(C) Submits references from at least two individuals who meet the
requirements of paragraph (1) or (2).
(4) An individual certified by the CBCO pursuant to subdivision
(f) of Section 2529.7.
(5) An individual who holds a bachelor's degree and meets the
requirements of subparagraphs (B) and (C) of paragraph (3), subject
to registration by one of the organizations specified in Section
2529.8.
(b) The following persons shall be recognized as qualified to
provide applied behavior analysis services as described in Section
2529.55, so long as supervised by a person described in paragraph
(1), (2), (3), or (4) of subdivision (a):
(1) A person who is certified as an Assistant Behavior Analyst by
the BACB.
(2) A person who is certified as a California certified assistant
services professional by the CBCO pursuant to subdivision (g) of
Section 2529.7.
(c) (1) Pursuant to subdivisions (a) and (b), all of the following
shall apply:
(A) Persons meeting the requirements of paragraph (1) of
subdivision (a) may hold themselves out as licensed professionals
according to the conditions of their professional license and shall
be deemed by the state as qualified to provide the services set forth
in Section 2529.55. These persons may also hold themselves out as
certified behavior analysis professionals if they meet any of the
criteria specified in paragraph (2), (3), or (4) of subdivision (a).
(B) Persons meeting the requirements of paragraph (2), (3), or (4)
of subdivision (a) may hold themselves out as certified behavior
analysis professionals and shall be deemed by the state as qualified
to provide the services set forth in Section 2529.55.
(C) Persons meeting the requirements of paragraph (5) of
subdivision (a) may hold themselves out as registered behavior
analysis professionals and shall be deemed by the state as qualified
to provide the services set forth in Section 2529.55.
(D) Persons meeting the requirements of subdivision (b) may hold
themselves out as certified assistant behavior analysis professionals
and shall be deemed by the state as qualified to provide the
services set forth in Section 2529.55.
(E) Persons meeting the requirements of paragraph (6) of Section
2529.55 may hold themselves out as qualified by the state solely for
the purpose of implementing the services of applied behavior
analysis, as set forth in Section 2529.55.
(2) Paragraph (1) shall apply regardless of whether the services
provided by those persons are paid for by private entities,
governmental entities, nonprofit organizations, health care service
plans, or insurers.
2529.7. (a) There is a hereby established a California Behavioral
Certification Organization, which shall be a nonprofit corporation
exempt from taxation under Section 501(c)(3) of the Internal Revenue
Code and subdivision (d) of Section 23701 of the Revenue and Taxation
Code.
(b) The organization may commence activities as authorized by this
chapter once it has submitted a request to the Internal Revenue
Service and the Franchise Tax Board seeking tax exemption. The tax
exempt application shall include information necessary to illustrate
that the organization will operate in a manner consistent with the
requirements imposed upon, and authority given to, the organization
pursuant to this chapter.
(c) The organization shall have until January 1, 2016, to receive
accreditation from either ANSI or NCCA.
(d) If the organization does not obtain national accreditation by
January 1, 2016, it may not certify any additional individuals.
However, any individuals certified during the five-year period
commencing with the enactment of this section may retain their
certification indefinitely provided they continue to meet any
requirements established by the organization for certification
maintenance and ethical compliance.
(e) The CBCO board of directors shall be comprised of 12 members
who shall be residents of the state.
(f) The CBCO board of directors shall determine through a process
involving public input the specific standards necessary to receive
certification as a certified behavior analysis professional, as
described in paragraph (4) of subdivision (a) of Section 2529.6.
However, in the interest of consumer protection, the specific
standards shall include one of the following:
(1) Option one, which minimum requirements shall include all of
the following:
(A) A doctoral or master's degree in applied behavior analysis or
a related field from a nationally accredited institution of higher
learning and a course sequence in applied behavior analysis that is
approved by the CBCO. The course sequence shall be at least
equivalent to or more rigorous than an approved course sequence of
the BACB.
(B) The successful completion of an approved practicum or
supervised experience in the practice of applied behavior analysis,
totaling at least 1,500 hours over a period of not less than one
calendar year, of which at least 75 hours are in direct one-to-one
contact with the supervisor, or which is equivalent to or more
rigorous than the approved practicum requirements of the BACB.
(C) To ensure mastery of the material, successful completion of an
examination administered by the BACB or the CBCO, which is at least
as rigorous or equivalent to the examination administered by the
BACB.
(2) Option two, which minimum requirements shall include all of
the following:
(A) A doctoral or master's degree from a recognized educational
program accredited by the Association for Behavior Analysis
International, or from a program at a recognized educational
institution that is approved by the third organization and that
substantially meets the educational standards of the accreditation
board of the Association for Behavior Analysis International. The
program shall also include an approved course sequence of the BACB.
(B) The successful completion of an approved practicum or
supervised experience in the practice of applied behavior analysis,
totaling at least 1,500 hours over a period of not less than one
calendar year, of which at least 75 hours are in direct one-to-one
contact with the supervisor.
(C) To ensure mastery of the material, successful completion of an
examination administered by the BACB or the CBCO, which is at least
as rigorous or equivalent to the examination administered by the
BACB.
(g) The CBCO board of directors shall determine through a process
involving public input the specific standards necessary to receive
certification as a California certified assistant services
professional, as described in paragraph (2) of subdivision (b) of
Section 2529.6. However, in the interest of consumer protection, the
specific standards shall meet all the following minimum requirements:
(1) A bachelor's degree from a nationally accredited institution
of higher learning and a course sequence in applied behavior analysis
that is approved by the CBCO. The course sequence shall be at least
equivalent to or more rigorous than an approved course sequence for
an Assistant Behavior Analyst from the BACB.
(2) The successful completion of an approved practicum or
supervised experience in the practice of applied behavior analysis,
totaling at least 1,000 hours over a period of not less than six
months, of which at least 50 hours are in direct one-to-one contact
with the supervisor, or which is equivalent to or more rigorous than
the approved practicum requirements for an Assistant Behavior Analyst
from the BACB.
(3) To ensure mastery of the material, successful completion of an
examination administered by the CBCO, which is equivalent to or more
rigorous than the examination for an Assistant Behavior Analyst
administered by the BACB.
(h) The CBCO may charge applicants a fee not to exceed the costs
of implementation of the chapter.
2529.8. (a) (1) Until December 31, 2014, the CBCO shall have the
primary responsibility for verifying the qualifications of persons
submitting the information set forth in paragraph (3) of subdivision
(a) of Section 2529.6.
(2) The CBCO shall have the primary responsibility for verifying
the qualifications of persons submitting the information set forth in
paragraph (5) of subdivision (a) of Section 2529.6.
(b) (1) Prior to the establishment and operation of the CBCO or
through December 31, 2014, whichever is earlier, CalABA or its
designee shall be authorized to verify the qualifications of persons
submitting the information set forth in paragraph (3) of subdivision
(a) of Section 2529.6.
(2) Prior to the establishment and operation of the CBCO, CalABA
or its designee shall be authorized to verify the qualifications of
persons submitting the information set forth in paragraph (5) of
subdivision (a) of Section 2529.6.
(c) (1) Prior to December 31, 2014, an individual meeting the
requirements of paragraph (3) of subdivision (a) of Section 2529.6
may submit to the CBCO, or to CalABA, if the latter is accepting
submissions, information necessary to establish that the individual
meets the requirements set forth in paragraph (3) of subdivision (a)
of Section 2529.6.
(2) If submitted to CalABA under subdivision (b), CalABA shall
issue to an individual that meets the qualifications a certificate of
temporary certification as a California Certified Behavior Services
Professional, which shall be valid for one year or until the CBCO is
accepting submissions from those seeking certification pursuant to
paragraph (3) of subdivision (a) of Section 2529.6, whichever is
later. Once the CBCO commences accepting applications, CalABA shall
finish processing all the submissions it has received and shall
notify the CBCO of all individuals previously receiving certification
from CalABA. Those individuals shall automatically receive CBCO
certification.
(3) If an individual submits information to the CBCO, the CBCO
shall issue to an individual that meets the qualifications,
certification as a California Certified Behavior Services
Professional.
(d) (1) An individual meeting the requirements of paragraph (5) of
subdivision (a) of Section 2529.6 may submit to the CBCO, or to
CalABA, if the latter is accepting submissions, information necessary
to establish that the individual meets the requirements set forth in
paragraph (5) of subdivision (a) of Section 2529.6.
(2) If submitted to CalABA under subdivision (b), CalABA shall
issue to an individual that meets the qualifications a certificate of
temporary registration as a California Applied behavior analysis
professional, which shall be valid for one year or until the CBCO is
accepting submissions from those seeking registration pursuant to
paragraph (5) of subdivision (a) of Section 2529.6, whichever is
later. Once the CBCO commences accepting applications, CalABA shall
finish processing all the submissions it has received and shall
notify the CBCO of all individuals previously receiving registration
from CalABA. Those individuals shall automatically receive CBCO
registration, which shall be valid for five years from the original
date of issuance by CalABA.
(3) If an individual submits information to the CBCO, the CBCO
shall issue to an individual who meets the qualifications,
registration as a California Applied behavior analysis professional,
which shall be valid for five years.
(e) No later than January 1, 2016, individuals who have received
certification pursuant to subdivision (c), shall maintain that
certification only if they meet the requirements established by the
CBCO for compliance with continuing education and ethical standards.
If the CBCO is not in operation, those previously certified by the
CBCO shall no longer be able to represent themselves as California
Certified Behavior Services Professionals, but may represent that
they are recognized by the state as qualified to provide applied
behavior analysis services.
2529.9. (a) It shall be unlawful for any person to hold himself
or herself out as a Board Certified Behavior Analyst (BCBA) unless
the person is currently certified as a Board Certified Behavior
Analyst by the BACB.
(b) It shall be unlawful for any person to hold himself or herself
out as a Board Certified Assistant Behavior Analyst (BCaBA) unless
the person is currently certified as a Board Certified Assistant
Behavior Analyst by the BACB.
(c) It shall be unlawful to claim to have state recognition,
certification, or registration as a California Certified Behavior
Services Professional, California Applied behavior analysis
professional, or California certified assistant services professional
by CalABA, the CBCO, or the BACB, unless the person is otherwise
recognized, certified, or registered by that entity.
2529.10. The CBCO shall implement this chapter in conformity with
accepted standards for professional credentialing programs,
including, but not limited to, doing all of the following:
(a) Conducting certification activities in a manner that upholds
standards for the competent practice of the profession of behavior
analysis.
(b) Structuring and governing the certification program in ways
that are appropriate for the profession of behavior analysis and
ensure autonomy in decision making over certification activities.
(c) Including certified behavior analysts and at least one
consumer or public member on the CBCO board of directors.
(d) Having adequate financial and human resources to conduct
effective and thorough certification, registration, recertification,
and reregistration activities.
(e) Establishing, publishing, applying, and reviewing policies and
procedures for key certification or registration activities, such as
determining eligibility criteria, applying for certification or
registration, administering assessment instruments, establishing
performance domains, appeals confidentiality, certification and
registration statistics, and discipline, and complying with
applicable laws.
(f) Publishing a description of the assessment instruments used to
make certification and registration decisions and the research
methods used to ensure that the assessment instruments are valid.
(g) Awarding certification or registration only after the
applicant's knowledge and skill have been evaluated and found to be
acceptable.
(h) Maintaining a publicly available list of certified behavior
analysts and verifying their certification.
(i) Analyzing, defining, and publishing performance domains and
tasks and associated knowledge and skills for the practice of
behavior analysis, and using them to develop the assessment
instruments.
(j) Using assessment instruments that are derived from the job or
practice analysis and are consistent with accepted psychometric
principles and procedures, such as for setting passing scores,
scoring and interpreting assessment results, ensuring reliability of
scores, or establishing that different forms of the assessment
instruments are equivalent.
(k) Developing, adhering to, and publishing appropriate,
standardized, and secure procedures for developing and administering
the assessment instruments and for retaining all evidence of the
validity and reliability of the assessment instruments, assessment
results, and scores of all candidates.
(l) Requiring periodic recertification and establishing,
publishing, applying, and periodically reviewing policies and
procedures for recertification or reregistration.
(m) Requiring adequate continuing education.
(n) Monitoring the practicing of applied behavioral analysis
services consistent with the accepted standards of their respective
professions and that the practice of applied behavior analysis is
commensurate with their level of formal training and experience.
(o) Maintaining accreditation by demonstrating continued
compliance with accreditation standards.
(p) Demonstrating that recertification or reregistration
requirements measure or enhance the competence of those certified or
registered.
(q) Developing appropriate supervision guidelines for the
provision of applied behavior analysis services.
(r) (1) Establishing and maintaining a process to receive, review,
and take corrective action, when necessary, with regard to
complaints by consumers of applied behavior analysis or other
interested parties against certificate holders or registrants and to
make available to the public current status of those persons, such as
whether they are in good standing or their certificate or
registration has been suspended or revoked and details of any
complaints or corrective action taken.
(2) Maintaining on the organization's Internet Web site
information updated annually related to implementation of this
chapter.
(s) Establishing a disciplinary and hearing process pursuant to
Sections 2529.11 and 2529.12.
(t) Requiring an applicant for certification or registration to
submit fingerprint images to the CBCO, and establishing a procedure
consistent with state law to obtain background information on the
applicant.
2529.11. (a) The CBCO may discipline a certificate holder or
registrant by any, or a combination, of the following methods:
(1) Placing the certificate holder or registrant on probation.
(2) Suspending the certificate or registration and the rights
conferred by this chapter on a certificate holder or registrant for a
period not to exceed one year.
(3) Revoking the certificate or registration.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the organization, as authorized by this
chapter or its bylaws, deems proper.
(b) The CBCO may issue an initial certificate or registration on
probation, with specific terms and conditions, to any applicant.
2529.12. (a) No certificate holder, registrant, or applicant may
be disciplined or denied a certificate or registration pursuant to
Section 2529.11 except according to procedures satisfying the
requirements of this section. A denial or discipline not in accord
with this section shall be void and without effect.
(b) Any applicant denial or discipline shall be done in good faith
and in a fair and reasonable manner. Any procedure that conforms to
the requirements of subdivision (c) is fair and reasonable, but a
court may also find other procedures to be fair and reasonable when
the full circumstances of the denial or discipline are considered.
(c)
A procedure is fair and reasonable if all of the following apply:
(1) The provisions of the procedure have been set forth in the
CBCO articles or bylaws, or copies of those provisions are sent
annually to certificate holders or registrants if required by the
articles or bylaws.
(2) It provides the giving of 15 days prior notice of the denial
or discipline and the reasons therefor.
(3) It provides an opportunity for the applicant or certificate
holder or registrant to be heard, orally or in writing, not less than
five days before the effective date of the denial or discipline by a
person or body authorized to decide that the proposed denial or
discipline not take place.
(d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the applicant or certificate holder or registrant
shown on the organization's records.
(e) Any action challenging a denial or discipline, including any
claim alleging defective notice, shall be commenced within one year
after the date of the denial or discipline. If the action is
successful, the court may order any relief, including reinstatement,
that it finds equitable under the circumstances.
(f) This section governs only the procedures for denial or
discipline and not the substantive grounds therefor. A denial or
discipline based upon substantive grounds that violates contractual
or other rights or is otherwise unlawful is not made valid by
compliance with this section.
(g) An applicant or certificate holder or registrant who is denied
or disciplined shall be liable for any charges incurred, services or
benefits actually rendered, dues, assessments, or fees incurred
before the denial or discipline or arising from contract or
otherwise.
2529.13. (a) Nothing in this chapter shall be interpreted to
prohibit individuals not recognized in Section 2529.6 from providing
the services defined as applied behavior analysis services, as set
forth in Section 2529.55, provided those individuals do not hold
themselves out to be Certified Behavior Analysts or claim to have
state recognition or certification by the CBCO or CalABA pursuant to
this chapter.
(b) Nothing in this chapter shall be construed to prevent behavior
analysis service providers who are vendorized by one of the
California Regional Centers or hold state accredited nonpublic agency
status from developing, providing, or supervising applied behavior
analysis consistent with the requirements of their Regional Center
vendorization or nonpublic agency certification or accreditation,
provided their practice of behavior analysis is commensurate with
their level of training and experience, and they do not hold
themselves out to the public by any title or description stating or
implying that they are Certified Behavior Analysts, that they are
"certified" to practice behavior analysis if they are not in fact
certified, or that they are recognized or certified by the state to
practice applied behavior analysis.
(c) Nothing in this chapter shall be construed to require
certification, licensure, recognition, or authorization to provide
applied behavior analysis services nor to add to or increase
requirements for providing those services.
SEC. 3. Nothing in this act shall be construed as
interpreting an existing statutory or regulatory requirement.
SECTION 1. It is the intent of the Legislature
to enact legislation that would provide for the certification of
applied behavioral analysis therapists.