BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:May 3, 2010           |Bill No:SB                         |
        |                                   |1282                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                        Bill No:        SB 1282Author:Steinberg
                    As Amended:April 28, 2010          Fiscal:  No

        
        SUBJECT:  Applied behavior analysis services:  California Behavioral  
        Certification Organization.

        SUMMARY:  Creates the California Behavioral Certification Organization  
        (CBCO) and provides for the certification of applied behavior analysts  
        and applied behavior analyst assistants by the CBCO.

        Existing law:
        
        1) Licenses and regulates the practice of psychotherapy preformed by  
           marriage and family therapists (MFTs), licensed educational  
           psychologists (LEPs), and licensed clinical social workers (LCSWs)  
           by the Board of Behavioral Sciences (BBS) within the Department of  
           Consumer Affairs (DCA).  Beginning January 1, 2012, the BBS will  
           additionally license professional clinical counselors (LPCCs).

        2) Licenses and regulates various health care professions including  
           physicians and surgeons, psychologists, speech-language  
           pathologists, occupational therapists, physical therapists by the  
           various healing arts boards within the DCA.

        3) California law does not license, certify or specifically regulate  
           applied behavioral analysis services.


        This bill:

        1) Defines the following terms:

           a)   "Applicant" means a person who applies for certification  
             pursuant to the chapter.





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           b)   "Applied behavior analyst" as a person provides applied  
             behavior analysis services and who may be certified by the CBCO.

           c)   "Applied behavior analyst assistant" as a person provides  
             applied behavior analysis services under the supervision of an  
             applied behavioral analyst and who may be certified by the CBCO.

           d)   "ANSI" as the American National Standards Institute.

           e)   "BACB" as the Behavior Analyst Certification Board.

           f)   "CBCO" as the California Behavioral Certification Organization  
             established by the chapter.

           g)    "NCCA" as the National Commission for Certifying Agencies.

        2) Provides that "applied behavior analysis services" includes the  
           following functions:

           a)   Designing, implementing, and evaluating systematic  
             instructional and environmental modifications to produce social  
             improvements in the behavior of individuals or groups.

           b)   Applying the principles, methods, and procedures of behavior  
             analysis.

           c)   Utilizing contextual factors and establishing 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.

           d)   Assessing functional relations between behavior and  
             environmental factors.

           e)   Using procedures based on scientific research and the direct  
             observation and measurement of behavior and environment.

           f)   Determining whether a nonlicensed or noncertified individual  
             shall be deemed as qualified to perform all of the functions  
             under this subdivision subject to his or her supervision.

           g)   Excludes from the specified functions:  psychological testing,  
             neuropsychology, psychotherapy, sex therapy, psychoanalysis,  
             hypnotherapy, and long-term counseling.





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           h)   Applies the definition regardless of the source of payment or  
             reimbursement.

          3)   Establishes the CBCO and specifies that the CBCO shall be a  
          nonprofit corporation exempt from taxation under Section  
          501(c)(3) of Title 26 of the United States Code.  Provides that  
          the CBCO may commence authorized activities once it has  
          submitted a request to the Internal Revenue Service and the  
          Franchise Tax Board seeking the exemption.  Authorizes the CBCO  
          to take any reasonable actions to carry out the responsibilities  
          and duties in the chapter, including, but not limited to, hiring  
          staff and entering into contracts.

          4)   Provides that the CBCO shall include the following members:

           a)   Two representatives from each professional society,  
             association, or other entity whose membership is comprised of  
             applied behavior analysts and that has a membership in  
             California or on a national basis of at least 1,000  
             individuals for the last three years and that requires its  
             members to abide by a code of ethics.

           b)   Additional persons shall be included on the board of  
             directors as established by the CBCO bylaws.

           c)   Additional members of the board of directors may include  
             certified behavior analysts and at least two consumer or  
             public members.

        5) Provides that the CBCO shall establish certification fees that are  
           reasonably related to the cost of providing services and carrying  
           out its ongoing responsibilities and duties.

        6) Provides that the meetings of the CBCO shall be subject to the  
           Bagley-Keene Open Meetings Act.

        7) Requires the CBCO to issue an "  applied behavior analyst  "  
           certificate to an applicant who submits a written application, pays  
           the required fees, and provides satisfactory evidence that he or  
           she meets either of the following requirements:

           a)   Holds a current, valid certification in applied behavior  
             analysis from the BACB or another organization accredited by the  
             NCCA or ANSI whose mission is to meet professional credentialing  
             needs identified by behavior analysts, governments, and consumers  





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             of behavior analysis services.

           b)   Meets all of the following requirements:

             i)     Possesses a master's or doctorate degree in applied  
               behavior analysis or a related field.

             ii)         Demonstrates 3 years of experience in the last 5  
               years of providing those functions specified in Item #2) above,  
               to individuals, either as an independent professional or as an  
               employee of an organization.

        8) Requires the CBCO to issue an "  applied behavior analyst assistant  "  
           certificate to an applicant who submits a written application, pays  
           the required fees, and provides satisfactory evidence that he or  
           she meets either of the following requirements:

           a)   Holds a current, valid certification as an assistant behavior  
             analysis from the BACB or another organization 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.

           b)   Meets all of the following requirements:

             i)     Possesses a bachelor's degree in applied behavior analysis  
               or a related field.

             ii)         Demonstrates 3 years of experience in the last 5  
               years of providing those functions specified in Item #2) above,  
               to individuals, either as an independent professional or as an  
               employee of an organization.

        9) Provides that a certificate shall be subject to renewal in a manner  
           prescribed by the CBCO and shall expire unless renewed every two  
           years.  Further, authorizes the CBCO to provide for the late  
           renewal of a certification.

        10)Authorizes the CBCO to receive factual information as a condition  
           of taking any action, and to conduct oral interviews or make any  
           investigation deemed necessary to establish the accuracy of any  
           information.

        11)Provides that an applied behavior analyst shall maintain that  
           certification only by meeting the CBCO requirements for continuing  
           education and ethical standards.  





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        12)Prohibits the CBCO from issuing certificates prior to September 1,  
           2011.

        13)Provides for the CBCO to require an applicant to submit  
           fingerprints, and establish a procedure consistent with state law  
           to obtain background information on applicants.

        14)Authorizes the CBCO to discipline a certificate holder by any, or a  
           combination of, the following methods:  probation; certificate  
           suspension; certificate revocation; conditional certificate  
           suspension; and, any other appropriate action.

        15)Establishes various grounds for discipline against a certificate  
           holder or for denial of a certificate to an applicant, including:   
           unprofessional conduct; procurement of certificate by fraud,  
           misrepresentation or mistake, conviction of a felony or misdemeanor  
           substantially related to their qualifications, functions or duties,  
           or committing any fraudulent, dishonest, or corrupt act that is  
           substantially related, and committing any act punishable as a  
           sexually related crime.

        16)Provides that discipline or denial of a certificate or registration  
           by CBCO must be in keeping with specific procedures, and that  
           denial or discipline not in keeping with the procedures is void and  
           without effect.  Establishes the following procedures for  
           discipline:

           a)   The denial or discipline shall be done in good faith and in a  
             fair and reasonable manner, as described below; however, a court  
             may also find other procedures to be fair and reasonable when the  
             full circumstances of the denial or discipline are considered.

           b)   A procedure is fair and reasonable if the procedure is:  Set  
             forth in the CBCO articles or bylaws; provides for 15 days notice  
             prior to the denial or discipline and the reasons therefore;  
             provides an opportunity for the person denied or disciplined to  
             be heard, orally or in writing, not less than five days before  
             the effective date by a person or body authorized to decide that  
             the proposed denial or discipline not take place.

           c)   Notice may be given by a method reasonably calculated to  
             provide actual notice, as specified.

           d)   Any action challenging a denial or discipline, shall be  
             commenced within one year after the date of the denial or  





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             discipline.  If the challenge is successful, the court may order  
             any relief, including reinstatement, it finds equitable under the  
             circumstances.

           e)   A person 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.

        17)Provides that it is an unfair business practice for any person to  
           advertise or represent to the public, that he or she is certified,  
           registered, or licensed by a governmental agency as an applied  
           behavior analyst or applied behavior analyst assistant.

        18)Provides that it is an unfair business practice for any person to  
           hold himself or herself out or use the title of "certified applied  
           behavior analyst" or "certified applied behavior analyst assistant"  
           or any other term, such as "licensed," "registered," "CABA" or  
           "CABAA" or any term that implies or suggests that the person is  
           certified as an applied behavior analyst or applied behavior  
           analyst assistant without meeting the certification requirements.

        19)Provides that the superior court in and for the county in which any  
           person acts as an applied behavior analyst or applied behavior  
           analyst assistant in violation of the chapter, may, upon a petition  
           by any person, issue an injunction or other appropriate order  
           restraining the conduct.

        20)Requires the CBCO to make available to the public the current  
           status certificate holders; requires the CBCO to maintain on its  
           Internet Website information updated annually related to  
           implementation of the chapter.

        21)Provides that nothing under this law shall be construed to:

           a)   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  





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             that they are recognized or certified by the state to practice  
             applied behavior analysis.

           b)   Require certification, licensure, recognition, or  
             authorization to provide applied behavior analysis services nor  
             to add to or increase requirements for providing those services.

        22)Subjects the CBCO to the "sunset review process" conducted by the  
           Joint Committee on Boards, Commissions, and Consumer Protection  
           (Joint Committee), and accordingly sunsets these provisions on  
           January 1, 2017.


        FISCAL EFFECT:  None.  This bill has been keyed "nonfiscal" by  
        Legislative Counsel.

        
        COMMENTS:
        
        1.Purpose.  This bill was introduced by the Author to establish a  
          process, as well as standards and criteria, by which the state  
          confers recognition (based on the education, training and experience  
          of the applicants) upon individuals that provide applied behavior  
          analysis (ABA) services to individuals with medical conditions such  
          as  autism   spectrum   disorders  (ASD) and other disorders that are  
          responsive to ABA.

        2.Background.  According to the Author, "Currently there are no  
          standards, criteria, or professional requirements that indicate the  
          level of education, training, experience and other professional  
          factors that reflect on the background and qualifications of  
          individuals who currently provide ABA services.  Furthermore, the  
          ABA profession lacks any form of recognition or standing within the  
          California Business and Professions Code.  During the past decade,  
          there has been increasing evidence that ABA therapy is an important  
          and valuable therapeutic intervention in the treatment of medical  
          conditions such as ASD.  Consequently, there has been an extensive  
          increase in the practices of this profession throughout California.   
          However, consumers may face significant difficulties and challenges  
          in making an informed decision with regard to these programs and  
          services.  Specifically, some consumers may lack adequate  
          information by which they can choose an ABA provider and/or ABA  
          services in an informed manner.  Consequently, in some cases, these  
          ABA programs may be designed, supervised, and/or implemented by  
          individuals who lack the appropriate training and educational  
          background.  SB 1282 is an initial step in providing professional  





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          standards and guidelines for ABA services that will assist consumers  
          in making more informed decisions."

        3.Autism and Autism Spectrum Disorder (ASD).  Autism and ASDs are  
          neurodevelopment disorders that typically last throughout a person's  
          lifetime and may cause significant impairments in language,  
          communications, play and social interactions, abnormalities in  
          behaviors, and other physical manifestations.  ASDs represent the  
          spectrum of these disabilities and include Autistic Disorder (or  
          classic autism), Asperger Syndrome, Pervasive Developmental Syndrome  
          and others.  ASD manifests itself in various ways, including  
          difficulty in using and understanding language; poorly developed  
          social skills; over- and-under sensitivity to sound, sight, taste,  
          touch or smell; repetitive behaviors; difficulty with changes in  
          surroundings or routines; and uneven skill development.

           a)   Increase of ASDs.  According to the Centers for Disease  
             Control and Prevention (CDC), more children than ever before are  
             being classified as having ASDs.  It is unclear, however, how  
             much of this increase may be attributed to changes in identifying  
             and classifying ASDs.  The CDC states, that by current standards  
             ASDs are the second most common serious developmental disability  
             after mental retardation/intellectual impairment, but still less  
             common than other conditions that affect children's development,  
             such as speech and language impairments, learning disabilities,  
             and attention deficit/hyperactivity disorder (ADHD).  According  
             to data from the California Health Interview Survey, it is  
             estimated that more than 36,000 children age 3-11 had autism in  
             2005.  The State Department of Developmental Services (DDS)  
             indicates that the population of persons with autism in  
             California's developmental services system rose by 634% from 1987  
             and 2002, and nearly doubled in the four years from 1998 to 2002.

           ASDs is the fastest growing serious developmental disability and  
             now impacts one out of every 150 children in the United States;  
             also, most school districts in California have seen a doubling of  
             students with ASDs in the past five years.

           b)   Resources for Families with Autistic Children.  Children with  
             autism are served by a number of government and private entities:  
              regional centers and the Department of Developmental Services;  
             schools, school districts, and the Department of Education.   
             Health care service plans and insurers are required under mental  
             health parity laws to provide benefits on a par with physical  
             illness, although coverage of specific benefits and treatments  
             has been unclear.  In addition, the California Center for Autism  





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             and Developmental Disabilities Research and Epidemiology  
             (CADDRE), a government-provider partnership, conducts  
             surveillance and research on ASD, as well as creates information  
             on autism in multiple languages.

             i)     Lanterman Act and Regional Centers.  In the late 1960s and  
               '70s, the Lanterman Act established California's system of care  
               for persons with developmental disabilities, including ASD,  
               which consists of 21 regional centers and five state  
               developmental centers where people are assessed for  
               developmental disabilities and, if they qualify, are served for  
               life by a regional center.  Children age three and older may be  
               served through this system.  

             A Senate Human Services Committee analysis of  AB 1478  of 2006 (an  
               autism-related measure) notes that, over the last decade,  
               overall regional center caseload has grown by 68.9 percent, as  
               compared to the state's overall growth rate of 17.2 percent for  
               a comparable period.  The Department of Developmental Service's  
               Fact Book for 2005, indicates that currently 15.1 percent of  
               the regional center caseload is described as autistic while  
               only 5.3 percent were so described a decade ago.

             ii)    Early Start.  Implemented by DDS and regional centers, in  
               collaboration with the Department of Education, local education  
               agencies, and other state agencies, the Early Start program  
               serves children under the age of three, who may receive early  
               intervention services if they have a developmental delay in  
               either cognitive, communication, social or emotional, adaptive,  
               or physical and motor development, including vision and  
               hearing, or have certain risk conditions for these delays.  

             Under Early Start, eligible individuals may receive screening and  
               assessment; case management; family training, counseling, and  
               home visits; health, nutrition, nursing, physical therapy,  
               psychological, speech and language, and transportation  
               services, among other services.

             iii)   Local Education Agencies.  Children age 3 to 21 may  
               receive specialized instruction and related services through  
               local education agencies, through the development of an  
               individualized education program (IEP).

        4.Legislative Emphasis on Autism and Related Disorders.  In 2005,  SCR  
          51  (Perata, Resolution Chapter 124, Statutes of 2005) established,  
          until November 30, 2007, the Legislative Blue Ribbon Commission on  





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          Autism.  Pursuant to its mandate, the commission submitted its  
          report, An Opportunity to Achieve Real Change for Californians with  
          Autism Spectrum Disorders, to the Governor and Legislature in 2007.   
          The report provided specific findings and recommendations to:  (a)  
          Establish models of integrated, comprehensive services for early  
          identification and intervention of ASDs.  (b) Ensure appropriate and  
          equitable coverage for ASDs by private health plans and insurers.   
          (c) Improve access to services and navigating complex systems of  
          care.  (d) Prepare teachers and other school-based personnel to  
          educate children with ASDs.  (e) Resolve service disputes  
          effectively and equitably.  (f) Design new employment and housing  
          strategies for individuals with ASDs.  
        (g) Increase awareness and knowledge of ASDs among law enforcement  
          officers and other first responders.


        In 2009, the Senate established the Senate Select Committee on Autism  
          and Related Disorders (Select Committee), chaired by Senator  
          Steinberg.  The Select Committee was authorized and directed to:   
          (a) Provide a legislative forum for research, analysis,  
          deliberations, and outreach in order to promote policies and  
          legislation to better assist individuals with ASDs and their  
          families.  (b) Advance the work of the Legislative Blue Ribbon  
          Commission on Autism.  (c) Address the issues that were identified  
          within the 2007-08 California Autism Legislative Package, which  
          included  SB 527  ,  SB 1175  ,  SB 1364  ,  SB 1475  ,  SB 1531  ,  SB 1563  ,  AB  
                                  1872  , and  AB 2302  of the 2007-2008 Legislative Session.  (d) Deal  
          with the fiscal challenges that confront the state in providing the  
          necessary and crucial services for individuals with ASDs.

        The Select Committee has appointed regional autism taskforces  
          comprised of consumers and consumer family members, advocates,  
          providers, researchers, and other experts in the area of ASDs, and  
          other stakeholders, to provide assistance to, and to support the  
          work of, the select committee.  The Select Committee has established  
          the Statewide Coordinating Council of Autism Taskforces consisting  
          of the chairs and co-chairs of the regional autism taskforces and  
          which will meet periodically to review the input from the various  
          regional autism taskforces and develop integrated recommendations  
          for consideration by the Select Committee.

        The Legislature recognizes that public information and awareness  
          efforts are of paramount importance in accelerating early  
          identification efforts and the proliferation of early intervention  
          programs and services.






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        5.Title Act vs. Practice Act Protection.  It is important to note the  
          distinction between "title act" and certification or registration  
          regulation versus "practice act" and licensing regulation.  A  
          practice act along with licensure confers the exclusive right to  
          practice a given profession on practitioners who meet specified  
          criteria related to education, experience, and examination, and  
          often is embodied in a statutory licensing act (i.e., those who are  
          not licensed cannot lawfully practice the profession).  A practice  
          act is the highest and most restrictive form of professional  
          regulation, and is intended to avert  severe   harm  to the public  
          health, safety or welfare that could be caused by unlicensed  
          practitioners.

        A title act and a certification or registration program, on the other  
          hand, reserves the use of a particular professional (named)  
          designation to practitioners who have demonstrated specified  
          education, experience or other criteria such as certification by  
          another organization.  A title act typically does not restrict the  
          practice of a profession or occupation and allows others to practice  
          within that profession; it merely differentiates between  
          practitioners who meet the specified criteria, and are authorized by  
          law to represent themselves accordingly, (usually by a specified  
          title) and those who do not.  Some title acts also include a state  
          certification or registration program, or reliance on a national  
          certification or registration program, so that those who use the  
          specified title, and hold themselves out to the public, have been  
          certified or registered by a state created or national entity as  
          having met the specified requirements.  This entity may also  
          regulate to some extent the activities of the particular profession  
          by setting standards for the profession to follow, and to also  
          provide oversight of the practice of the profession by reporting  
          unfair business practices or violations of the law and either  
          denying or revoking  a certification or registration if necessary.  

        SB 1282 does not establish a licensing practice act; it instead  
          establishes a title act.  The bill authorizes those who engage in  
          the functions described as applied behavior analysis and who are  
          certified by CBCO to use the title "applied behavior analyst" or  
          "applied behavior analyst assistant" and prohibits, by making it an  
          unfair business practice, a person not certified by CBCO from using  
          the title of "certified applied behavior analyst" or "certified  
          applied behavior analyst assistant."  In addition, SB 1282 does not  
          create a state-operated certification or a program under a state  
          agency to provide oversight of this profession; there is instead a  
          provision to establish a private non-profit corporation to certify  
          individuals who meet certain requirements for performing applied  





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          behavioral analysis services.

        6.Prior Legislation.  California's leadership in providing services  
          and treatment for individuals with ASDs began with the passage of  
          the Lanterman Developmental Disabilities Services Act of 1969 and  AB  
          3854  (Burton) in 1974, relating to autism and public education.   
          Numerous other legislation has been enacted or proposed in the  
          succeeding years that provided funding, recognition, awareness and  
          support of individuals with ASDs and the numerous organizations that  
          serve these individuals.

         SB 527  (Steinberg, 2008) would have required the Department of  
          Developmental Services (DDS) to work with one or more regional  
          centers to establish the Autism Spectrum Disorders (ASD) Early  
          Screening, Intervention, Pilot Program (pilot program), a two-year  
          program to improve  services for children with ASD.  The bill was  
          vetoed by the Governor, stating that the bill's provisions can be  
          accomplished administratively with funding from private, non-state  
          general fund sources, and that given the state's ongoing fiscal  
          challenges, it is not the time to be enacting new programs in  
          statute.

         AB 1478  (Frommer, 2006) would have required DDS, in consultation with  
          specified state departments, to develop guidelines for the treatment  
          of autism spectrum disorders and to disseminate the information to  
          parents.  This bill was vetoed by the Governor. 

         AB 2513  (Pavley, Chapter 783, Statutes of 2006) requires the  
          Superintendent of Public Instruction to convene, with input from  
          certain entities, an advisory committee to develop specified  
          recommendations that would identify the means by which public and  
          nonpublic schools, including charter schools, may better serve  
          children with autism.  Appropriated $100,000 from the General Fund  
          to the Superintendent for this purposes and required the committee  
          to submit its recommendations to the Legislature and to the Governor  
          by November 1, 2007. 

         SB 749  (Speier, 2005) would have required a health care service plan  
          or a disability insurer to cover the diagnosis of pervasive  
          developmental disorders or autism that follows current best practice  
          standards developed by the Department of Developmental Services.   
          The bill would also have required the Department of Managed Health  
          Care Services and the Department of Insurance to enact regulations  
          determining responsibility for reimbursement of diagnostic services.  
           The bill was pulled by the Author, and held in Senate Health  
          Committee.





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         AB 857  (Frommer, 2004) would have created the Autism Information  
          Resource Center within DDS to assist in the coordination of services  
          for autistic people and their families.  This measure was vetoed by  
          Governor.

         AB 636  (Frommer, 2003) would have created the Autism Information  
          Resource Center within DDS to assist in the coordination of services  
          for autistic people and their families.  This measure was held in  
          Assembly Appropriations.

         AB 88  (Thomson, Chapter 534, Statutes of 1999) requires a health care  
          service plan contract or disability insurance policy to provide  
          coverage for severe mental illnesses, and for the serious emotional  
          disturbances of a child, including pervasive developmental disorders  
          or autism.

        7.Behavior Analyst Certification Board (BACB).  Under this bill, one  
          way in which the CBCO would grant a certificate as an applied  
          behavior analyst or an applied behavior analyst assistant in  
          California is for the applicant to be previously certified by BACB.   
          The applicant would submit to the CBCO a written application, along  
          with the required fees and evidence of BACB certification.   
          Applicants would also be required to submit fingerprint images to  
          CBCO in order to conduct background checks.

        The BACB is national association based in Florida, and is a nonprofit  
          501(c)(3) corporation established in 1998 to meet professional  
          credentialing needs identified by behavior analysts, governments,  
          and consumers of behavior analysis services.  According to the  
          BACB's Internet Website, the BACB adheres to the national standards  
          for boards that grant professional credentials.  BACB states that  
          its certification procedures and content undergo regular  
          psychometric review and validation, pursuant to a job analysis  
          survey of the profession and standards established by content  
          experts in the field.  

        The BACB program is based on a Behavior Analysis Certification Program  
          developed by the State of Florida.  Similar programs were previously  
          established in California, Texas, Pennsylvania, New York and  
          Oklahoma; however, each of these programs transferred their  
          certification and credentialing responsibilities to the BACB and  
          closed.

        The BACB credentials practitioners at three levels.  (1) Board  
          Certified Behavior Analysts (BCBA) must possess at least a masters  





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          degree, have 225 classroom hours of specific graduate-level  
          coursework, meet experience requirements, and pass the behavior  
          analyst certification examination.  (2) Board Certified Assistant  
          Behavior Analysts (BCaBA) must have at least a bachelor's degree,  
          have 135 classroom hours of specific coursework, meet experience  
          requirements, and pass the assistant behavior analyst certification  
          examination.  (3) Board Certified Behavior Analyst-Doctoral must be  
          BCBAs with doctorate degrees and meet other criteria.  BACB  
          certificate holders must accumulate continuing education credit to  
          maintain their credentials. 

        8.National Accrediting Organizations.  In addition to certification by  
          the BACB, the bill would also authorize the CBCO to issue  
          certification to an individual certified as an applied behavior  
          analyst or an applied behavior analyst assistant from another  
          organization 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.

         National Commission for Certifying Agencies (NCCA)  . The NCCA was  
          created in 1987 as the accreditation body of Institute for  
          Credentialing Excellence (ICE) to help ensure the health, welfare,  
          and safety of the public through the accreditation of a variety of  
          certification programs and organizations that assess professional  
          competence.  Certification programs that receive NCCA accreditation  
          demonstrate compliance with the NCCA's Standards for the  
          Accreditation of Certification Programs.  NCCA uses a peer review  
          process to establish accreditation standards, evaluate compliance  
          with the standards, recognize organizations or programs which  
          demonstrate compliance, and serve as a resource on quality  
          certification.  Certification organizations that submit their  
          programs for accreditation are evaluated based on the process and  
          products, not the content, and are therefore applicable to numerous  
          professions and industries.

        According to NCCA, accredited programs certify individuals in a wide  
          range of professions and occupations including nurses, automotive  
          professionals, respiratory therapists, counselors, emergency  
          technicians, crane operators and more.  To date, NCCA has accredited  
          over 200 programs from more than 100 organizations.

         American National Standards Institute (ANSI)  .  ANSI is a private  
          non-profit 501(c)(3) organization headquartered in Washington, DC  
          that oversees the development of voluntary consensus standards for  
          products, services, processes, systems, and personnel in the United  
          States.  ANSI coordinates U.S. standards with international  





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          standards for a wide variety of products, and accredits standards  
          that are developed by representatives of standards developing  
          organizations, government agencies, consumer groups, companies, and  
          others.  ANSI also accredits organizations that carry out product or  
          personnel certification in accordance with requirements defined in  
          international standards.

        9.Arguments in Opposition.  The  California Psychological Association   
          (CPA) has taken an "Oppose Unless Amended" position on the bill.   
          CPA contends that certification by a private, nonprofit entity does  
          not appear to be in the best interests of consumers, who are  
          currently protected by state regulatory agencies through licensing.   
          CPA believes that the bill would permit unlicensed, masters level  
          individuals to independently practice ABA with poor consumer  
          protection mechanisms or the ability to adequately regulate the  
          scope of practice.  CPA is further concerned that while allowing  
          certified practitioners to work with persons with developmental  
          disabilities, the bill would also allow treatment of behaviors  
          associated with depression, anxiety, psychosis, or trauma thereby  
          practicing outside their scope of competence.

        This bill is opposed by the  California Association of Health Plans   
          (CAHP), who states that those dealing with developmental  
          disabilities and mental health conditions often need additional  
          supportive services to help them with housing, everyday living  
          skills and education.  Unfortunately, the state lacks clear  
          guidelines for who is responsible for providing many of these  
          services, creating great confusion for families and those living  
          with developmental disabilities and mental illness.  CAHP opposes  
          the bill because it appears to require health plans to pay for  
          educational services in addition to the health care and mental  
          health care that health plans already provide.  Shifting  
          responsibility for educational and other non-medical services to  
          health plans would create a costly new mandate that would cause  
          already increasing health insurance costs to skyrocket, according to  
          CAHP.  

        CAHP is concerned that while the bill focuses on the certification of  
          providers of ABA, the bill links those providers to payments by  
          health plans and insurers.  CAHP states that because ABA helps  
          children learn everyday life and social skills, most health plans do  
          not consider educational services like ABA to be a covered service  
          under the terms and conditions of their contracts, and notes that  
          the American Academy of Pediatrics lists ABA as an educational  
          service. 






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        CAHP further cites a California Department of Managed Health Care  
          (DMHC) memorandum issued March 9, 2009 regarding compliance with  
          mental health parity laws by health plans, which states in part that  
          health plans must "Provide mental health services only through  
          providers who are licensed  or   certified  in accordance with  
          applicable California law."  CAHP is concerned that the language in  
          SB 1282 is intended to compel the DMHC to require coverage of ABA  
          services, and is, in effect, a benefit mandate.

        10.Other Policy Issues to be Addressed by the Author.  The primary  
          purview of the BP&ED Committee is not the health issues of applied  
          behavior analysis (ABA) services or autism spectrum disorders (ASD).  
           The Committee's primary purview with reference to this bill is the  
          regulatory scheme for certification of individuals who perform these  
          services.  As such, Committee staff has worked with the Author to  
          establish a framework and consumer protections consistent with other  
          regulatory frameworks found in the Business and Professions Code.   
          Other models for certification by a private non-profit certifying  
          organization are:  Certified Interior Designers (BPC  5800-5812);  
          Tax Preparers (BPC  22250-22259); Massage Therapists (BPC   
          4600-4620); Common Interest Development Managers (BPC   
          11500-11506).

        The latest amendments to the bill were drafted by Committee staff at  
          the request of the Author to more clearly conform the bill's  
          provisions to existing certification models.  The Author recognizes  
          that the bill will be a process of continued discussions with the  
          stakeholders and interested parties in ABA services and treatment of  
          ASDs.  The Author is committed to working cooperatively with all  
          parties to enact a bill which best meets the needs of all affected  
          parties.

        As such, it is anticipated that a number of issues will still need to  
          be addressed by the Author, including, but not limited to:

                Composition of the CBCO Board  .  The composition of the CBCO's  
             board of directors will have to be addressed so that it is  
             appropriately balanced to represent the interests and needs of  
             providers of ASD services, as well as consumers, and related  
             professional associations and groups.  

                Transparency of CBCO Operations  .  Currently the bill requires  
             the meetings of the CBCO to be subject to the Bagley-Keene Open  
             Meetings Act, and to make available to the public information  
             regarding certified persons, and publish certain information on  





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             the CBCO's Internet Website.  The Author may wish to consider  
             whether the CBCO should be additionally subject to public  
             inspection of records.

                Clarify Definition of ABA Services  .  The bill currently  
             excludes psychological testing, neuropsychology, psychotherapy,  
             sex therapy, psychoanalysis, hypnotherapy, and long-term  
             counseling from the definition of a certified applied behavior  
             analyst.  The Author may wish to consider amending the bill to  
             address the concerns of CPA by clarifying that the definition of  
             a certified applied behavior analyst does not also include  
             treatment of behaviors associated with depression, anxiety,  
             psychosis, or trauma.

               Clarify Titles Used by Certified Persons  .  The bill currently  
             defines the titles "applied behavior analyst" and "applied  
             behavior analyst assistant" and prohibits a person not certified  
             by CBCO from using the title of "certified applied behavior  
             analyst" or "certified applied behavior analyst assistant."  It  
             has been pointed out that these terms may be in conflict with the  
             titles currently used by persons certified by BACB.  Therefore,  
             these terms should be clarified to insure there is no  
             infringement on those terms utilized by BACB.

                Education Requirement for Assistants .  Currently the bill  
             provides for a two-tiered certification by authorizing the CBCO  
             to issue an assistant certification to a person who possesses a  
             bachelor's degree, and can demonstrate 3 years experience in the  
             last 5 years.  Persons certified as assistants must practice  
             under supervision, as specified.  Concern has been raised that a  
             bachelor's degree may not be an adequate criteria for issuing a  
             certificate as an assistant.  Going forward, the Author may wish  
             to consider an acceptable level of education for certification of  
             a behavioral therapist assistant.

        
        SUPPORT AND OPPOSITION:
        
         Support:  
         
        None received as of April 28, 2010

         Support if Amended:   

        Alliance of California Autism Organizations
        Behavioral intervention Association





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        Center for Autism and Related Disorders
        Sacramento based ABC Schools

         Oppose Unless Amended:  

        California Psychological Association

         Opposition:  

        California Association of Health Plans



        Consultant:G. V. Ayers