BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 1715         Hearing Date:    June 27,  
          2016
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          |Author:   |Holden                                                |
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          |Version:  |June 9, 2016    >                                     |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Huchel                                          |
          |:         |                                                      |
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               Subject:  Healing arts:  behavior analysis:  licensing


          SUMMARY:  Establishes a Behavior Analyst (BA) category of licensure to  
          be administered by the Board of Psychology (BOP).  

          Existing law:
          

         1)Establishes the BOP to license and regulate the Psychology  
            Licensing Law. (Business and Professions Code section 2920)

         2)Defines the practice of psychology to mean the rendering or  
            offering to render to individuals, groups, organizations, or  
            the public any psychological service involving the application  
            of psychological principles, methods, and procedures of  
            understanding, predicting, and influencing behavior, such as  
            the principles pertaining to learning, perception, motivation,  
            emotions, and interpersonal relationships; and the methods and  
            procedures of interviewing, counseling, psychotherapy,  
            behavior modification, and hypnosis; and of constructing,  
            administering, and interpreting tests of mental abilities,  
            aptitudes, interests, attitudes, personality characteristics,  
            emotions, and motivations.  (BPC § 2903)

         3)Establishes the Board of Behavioral Science (BBS) to enforce  
            the licensing laws for marriage and family therapists (MFTs),  
            professional clinical counselors (PCCs), clinical social  
            workers (CSWs), and educational psychologists (EPs).  (BPC §  







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            4980.34)

         4)Defines the practice of practice of marriage and family therapy  
            as service performed with individuals, couples, or groups  
            wherein interpersonal relationships are examined for the  
            purpose of achieving more adequate, satisfying, and productive  
            marriage and family adjustments. This practice includes  
            relationship and premarriage counseling.  The application of  
            marriage and family therapy principles and methods includes,  
            but is not limited to, the use of applied psychotherapeutic  
            techniques, to enable individuals to mature and grow within  
            marriage and the family, the provision of explanations and  
            interpretations of the psychosexual and psychosocial aspects  
            of relationships, and the use, application, and integration of  
            the coursework and training as specified. (BPC § 4980.02)

         5)Defines the practice of educational psychology as the  
            performance of any of the following professional functions  
            pertaining to academic learning processes or the educational  
            system or both:

             a)   Educational evaluation.

             b)   Diagnosis of psychological disorders related to academic  
               learning processes.

             c)   Administration of diagnostic tests related to academic  
               learning processes including tests of academic ability,  
               learning patterns, achievement, motivation, and personality  
               factors.

             d)   Interpretation of diagnostic tests related to academic  
               learning processes including tests of academic ability,  
               learning patterns, achievement, motivation, and personality  
               factors.

             e)   Providing psychological counseling for individuals,  
               groups, and families.

             f)   Consultation with other educators and parents on issues  
               of social development and behavioral and academic  
               difficulties.

             g)   Conducting psychoeducational assessments for the  








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               purposes of identifying special needs.

             h)   Developing treatment programs and strategies to address  
               problems of adjustment.

             i)   Coordinating intervention strategies for management of  
               individual crises. (BPC § 4989.14)

         6)Defines the practice of clinical social work as a service in  
            which a special knowledge of social resources, human  
            capabilities, and the part that unconscious motivation plays  
            in determining behavior, is directed at helping people to  
            achieve more adequate, satisfying, and productive social  
            adjustments. The application of social work principles and  
            methods includes, but is not restricted to, counseling and  
            using applied psychotherapy of a nonmedical nature with  
            individuals, families, or groups; providing information and  
            referral services; providing or arranging for the provision of  
            social services; explaining or interpreting the psychosocial  
            aspects in the situations of individuals, families, or groups;  
            helping communities to organize, to provide, or to improve  
            social or health services; doing research related to social  
            work; and the use, application, and integration of the  
            coursework and experience, as specified. (BPC § 4996.9)

         7)Defines the practice of professional clinical counseling as the  
            application of counseling interventions and psychotherapeutic  
            techniques to identify and remediate cognitive, mental, and  
            emotional issues, including personal growth, adjustment to  
            disability, crisis intervention, and psychosocial and  
            environmental problems, and the use, application, and  
            integration of the coursework and training as specified.  
            "Professional clinical counseling" includes conducting  
            assessments for the purpose of establishing counseling goals  
            and objectives to empower individuals to deal adequately with  
            life situations, reduce stress, experience growth, change  
            behavior, and make well-informed, rational decisions. (BPC §  
            499920 (a)(1)) 

         8)Provides a limited exemption for salaried employees of  
            accredited or approved academic institutions, public schools,  
            or governmental agencies who perform psychological activities  
            as part of the duties for which they were hired.  (BPC § 2910)









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         9)Requires every health care service plan contract that provides  
            hospital, medical, or surgical coverage to also provide  
            coverage for behavioral health treatment for pervasive  
            developmental disorder or autism, until January 1, 2017.  
            Requires a health care service plan to maintain an adequate  
            network that includes qualified autism service providers who  
            supervise and employ qualified autism service professionals or  
            paraprofessionals who provide and administer behavioral health  
            treatment. Defines "behavioral health treatment" as  
            professional services and treatment programs, including  
            applied behavior analysis and evidence-based behavior  
            intervention programs, that develop or restore, to the maximum  
            extent practicable, the functioning of an individual with  
            pervasive developmental disorder or autism and that meet  
            specified criteria.  Defines a "qualified autism service  
            provider" as including a person, entity, or group that is  
            certified by a national entity, such as the Behavior Analyst  
            Certification Board, that is accredited by the National  
            Commission for Certifying Agencies, and who designs,  
            supervises, or provides treatment for pervasive developmental  
            disorder or autism, provided the services are within the  
            experience and competence of the person, entity, or group that  
            is nationally certified. (Health and Safety Code § 1374.73)

         10)States that a person recognized by the national Behavior  
            Analyst Certification Board as a Board Certified BA may  
            conduct behavior assessments and provide behavioral  
            intervention services for individuals with exceptional needs,  
            but that law does not require a district, special education  
            local plan area, or county office to use a Board Certified BA  
            to conduct behavior assessments and provide behavioral  
            intervention services for individuals with exceptional needs.  
            (Education Code § 56525)

         11)Limits the design and planning of behavioral interventions  
            shall be designed or planned only by the following personnel:

             a)   Someone with a pupil Personnel Services Credential that  
               authorizes school counseling or school psychology.

             b)   Someone with a credential authorizing the holder to  
               deliver special education instruction.

             c)   LMFT, LCSW, LEP, or a psychologist.








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             d)   Someone with a master's degree issued by a regionally  
               accredited post-secondary institution in education,  
               psychology, counseling, behavior analysis, behavior  
               science, human development, social work, rehabilitation, or  
               in a related field. (Title 5, California Code of  
               Regulations § 3051.23)

          This bill:

         1)Adds BA, assistant behavior analysts (ABA), behavior analysis  
            technicians (BAT), and behavior analyst interns (BAI) to the  
            licensees about which the BOP shall disclose information.

         2)Increases the BOP from nine to 11 members on July 1, 2018 as  
            follows:

             a)   Five public members, who shall not be licentiates of the  
               BOP or of any healing arts board.

             b)   Five licensed psychologists.

             c)   One licensed psychologist and who is qualified to  
               practice behavior analysis, as follows:

               i)     For the first appointment, the member shall hold a  
                 certificate as a certified behavior analyst from a  
                 certifying entity.

               ii)         For subsequent appointments, the member shall  
                 be licensed as a behavior analyst.

         3)States that, for the new BOP, six members shall constitute a  
            quorum.

         4)Requires the Governor, in appointing the licensed members of  
            the BOP, to use his or her judgment to select psychologists  
            and behavior analysts who represent, as widely as possible,  
            the varied professional interests of psychologists and  
            behavior analysts in California.

         5)Requires the Governor to appoint three of the public members  
            and the six licensed members of the BOP, and the Senate  
            Committee on Rules and the Speaker of the Assembly shall each  








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            appoint a public member.

         6)Establishes the BA Act (Act). 

         7)States that the Legislature finds and declares that the  
            practice of behavior analysis in California affects the public  
            health, safety, and welfare, and is subject to regulation to  
            protect the public from the unauthorized and unqualified  
            practice of behavior analysis, and unprofessional, unethical,  
            or harmful conduct by persons licensed to practice behavior  
            analysis.

         8)States the intent of the Legislature that the BOP begin  
            accepting applications for licensure as a BA or ABA no later  
            than July 1, 2019, and applications for registration as a BAT  
            or BAI no later than January 1, 2018.

         9)Defines the following terms:

             a)   "BAT" means an individual who works directly with a  
               client to implement applied behavior analysis services  
               under the direction and supervision of a registered  
               behavior analyst intern, a licensed behavior analyst, a  
               licensed assistant behavior analyst, or a licensed  
               psychologist who is qualified to practice behavior  
               analysis, and has successfully completed the application  
               requirements, as specified.

             b)   "Certifying entity" means the Behavior Analyst  
               Certification Board or its successor, or another national  
               credentialing organization with behavior analyst  
               certification programs approved by the BOP and accredited  
               by the National Commission for Certifying Agencies.

             c)   "ABA" means a person licensed to practice behavior  
               analysis under the supervision of a licensed BA or a  
               licensed psychologist who is qualified to practice behavior  
               analysis and who maintains active certification with the  
               certifying entity during the entire period of licensure.

             d)   "BAI" means a person registered to practice behavior  
               analysis under the supervision of a licensed BA or a  
               licensed psychologist who is qualified to practice behavior  
               analysis.








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             e)   "Licensed BA" means a person licensed to practice  
               behavior analysis and who maintains active certification  
               with the certifying entity during the entire period of  
               licensure.

             f)   "Practice of behavior analysis" or "to practice behavior  
               analysis" means the design, implementation, and evaluation  
               of instructional and environmental modifications to produce  
               socially significant improvements in human behavior and  
               includes the empirical identification of functional  
               relations between behavior and environmental factors, known  
               as functional assessment and analysis, interventions based  
               on scientific research and the direct observation and  
               measurement of behavior and the environment, and  
               utilization of contextual factors, motivating operations,  
               antecedent stimuli, positive reinforcement, and other  
               consequences to help people develop new behaviors, increase  
               or decrease existing behaviors, and emit behaviors under  
               specific environmental conditions.

               i)     Clarifies that the practice of behavior analysis  
                 does not include psychological testing and assessment,  
                 diagnosis of a mental or physical disorder,  
                 neuropsychology, psychotherapy, cognitive therapy, sex  
                 therapy, psychoanalysis, hypnotherapy, counseling,  
                 prescribing drugs, performing surgery, or administering  
                 electroconvulsive therapy.

         10)States that the Legislature recognizes that the scopes of  
            practice of other healing arts licensees sometimes contain  
            similar practices. However, nothing herein shall be construed  
            to allow a licensed behavior analyst or a licensed assistant  
            behavior analyst to engage in those practices, including, but  
            not limited to, assessments, other than specific to their  
            scope of practice within behavior analysis as described  
            herein. Any person practicing behavior analysis under this  
            chapter who violates this provision is subject to disciplinary  
            action by both the BOP and the board overseeing the relevant  
            practice.

         11)States that the BOP is vested with the power to administer the  
            provisions and requirements of the Act, and may make and  
            enforce rules and regulations that are reasonably necessary to  








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            carry out its provisions.

         12)Sunsets the Act on January 1, 2022 and subjects it to Sunset  
            Review.

         13)States that protection of the public shall be the highest  
            priority for the BOP in exercising its licensing, regulatory,  
            and disciplinary functions pursuant to this Act. Whenever the  
            protection of the public is inconsistent with other interests  
            sought to be promoted, the protection of the public shall be  
            paramount.

         14)Requires the BOP to adopt a program of consumer and  
            professional education in matters relevant to the ethical  
            practice of behavior analysis which shall be applied as the  
            accepted standard of ethical conduct in all law and ethics  
            licensing examination development and in all BOP enforcement  
            policies and disciplinary case evaluations involving the  
            practice of behavior analysis.

         15)Establishes the BA Committee (Committee) to make  
            recommendations to the BOP regarding the regulation of the  
            practice of behavior analysis in the state in order to protect  
            the public from the unauthorized and unqualified practice of  
            applied behavior analysis, and unprofessional, unethical, or  
            harmful conduct by persons licensed to practice behavior  
            analysis.

         16)Requires the Committee to consist of five members, as follows:

             a)   Two members shall be licensed BAs, one of whom shall  
               also be a member of the BOP. 

             b)   One member shall be a psychologist who holds a current  
               certification from a certifying entity as a BA. 

             c)   One member shall be a licensed ABA. 

             d)   One member shall be a public member who is not licensed  
               by any healing arts board.

         17)Requires the Governor to appoint one licensed BA member, the  
            licensed psychologist member, and the licensed ABA member. The  
            Senate Committee on Rules shall appoint the public member, and  








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            the Speaker of the Assembly shall appoint one licensed  
            behavior analyst member, as specified.

         18)States that, except for the initial appointments, each  
            committee members shall hold office for a term of four years,  
            and shall serve until the appointment of his or her successor  
            or until one year has elapsed since the expiration of the term  
            for which he or she was appointed, whichever occurs first.  
            Vacancies shall be filled by the appointing power for the  
            unexpired portion of the terms in which they occur. A member  
            shall not serve for more than two consecutive terms.

         19)Requires the Committee to meet at least once per year, and  
            abide by the Bagley-Keene Open Meeting Act. 

         20)Authorizes the Committee to make recommendations to the BOP  
            regarding licensing and practice standards and regarding the  
            adoption, amendment, and repeal of regulations to implement  
            the requirements of the Act including, but not limited to, the  
            setting of fees and the establishment of disciplinary  
            guidelines.

         21)Requires an applicant for licensure as a BA or ABA to meet the  
            BOP's requirements and pass a state- and federal-level  
            criminal offender record information search conducted through  
            the Department of Justice.

         22)Requires the BOP to request subsequent arrest notification  
            service for each applicant from the Department of Justice.  

         23)Requires an applicant for BA licensure, until July 1, 2019, to  
            provide the following:

             a)   Submit an application on a form approved by the BOP  
               accompanied by specified fees. 

             b)   Verification from the certifying entity that the  
               applicant meets both of the following requirements:

               c)     Has passed the Board Certified Behavior Analyst  
                 examination or an equivalent examination administered by  
                 the certifying entity.

               d)     Maintains an active status as a certified BA with  








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                 the certifying entity.

             e)   A passing score on a California law and ethics  
               examination administered by the BOP.

         24)Requires an applicant for BA licensure after July 1, 2019 to  
            provide the following:

             a)   Submit an application on a form approved by the BOP  
               accompanied by specified fees. 

             b)   Verification from the certifying entity that the  
               applicant meets both of the following requirements:

               c)     Has passed the Board Certified Behavior Analyst  
                 examination or an equivalent examination administered by  
                 the certifying entity.

               d)     Maintains an active status as a certified BA with  
                 the certifying entity.

             e)   A passing score on a California law and ethics  
               examination administered by the BOP.

             f)   Proof of one of the following requirements:

               i)     Possess a master's degree or higher level of  
                 education from an institution, as specified, that was  
                 conferred in behavior analysis, psychology, or education.

               ii)         Possess a master's degree or higher level of  
                 education, as specified, and completed a behavior  
                 analysis course sequence approved by the certifying  
                 entity.

             g)   Proof of one of the following requirements:

               i)     Completion of both of the following:

                  (1)            270 hours of classroom graduate-level  
                    instruction in specified content areas.

                  (2)            Supervised experiential training, as  
                    specified. 








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               ii)         Completion of all of the following:

                  (1)            A faculty appointment of at least three  
                    years, cumulatively, of full-time work as a faculty  
                    member at a fully accredited higher education  
                    institution within a five-year period.

                  (2)            Taught at least five sections or  
                    iterations of behavior analysis coursework, as  
                    specified. 

                  (3)            Published one article with specified  
                    characteristics.

                  (4)            Obtained supervised experiential  
                    training, as specified. 

               iii)        Completion of all of the following:

                  (1)            A doctoral degree in behavior analysis,  
                    psychology, or education from an accredited higher  
                    education institution.

                  (2)            Ten years of postdoctoral experience  
                    practicing behavior analysis, as specified. 

                  (3)            At least 500 hours of supplemental  
                    supervised experiential training that meets current  
                    experience standards of the certifying entity,  
                    commencing after the 10 years of postdoctoral  
                    experience.

         25)Requires an applicant for licensure as an ABA, until July 1,  
            2019, to submit fees, an application on a form approved by the  
            BOP, and the following:

             a)   Verification from the certifying entity that the  
               applicant passed the Board Certified ABA examination or  
                                       equivalent examination administered by the certifying  
               entity and maintains an active status as a certified ABA  
               with the certifying entity.

             b)   A passing score on a California law and ethics  








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               examination administered by the BOP.

             c)   Proof ongoing supervision by a licensed BA or a licensed  
               psychologist who is qualified to practice behavior analysis  
               in a manner consistent with the certifying entity's  
               requirements for supervision of ABAs.

         26)Beginning July 1, 2019 the following are requirements for  
            licensure as an ABA:

             a)   A baccalaureate degree or higher level of education from  
               an institution that meets specified requirements.

             b)   Verification from the certifying entity that the  
               applicant has passed the Board Certified ABA examination or  
               an equivalent examination administered by the certifying  
               entity, and maintains an active status as a certified ABA  
               with the certifying entity.

             c)   A passing score on a California law and ethics  
               examination administered by the BOP.

             d)   Proof of ongoing supervision by a licensed BA or a  
               licensed psychologist who is qualified to practice behavior  
               analysis in a manner consistent with the certifying  
               entity's requirements for supervision of ABAs.

             e)   Completed 180 classroom hours of undergraduate or  
               graduate level instruction in specified content areas.

             f)   Obtained supervised experiential training by specified  
               means. 

         27)Requires that the education required to obtain a BA or ABA  
            license shall be from any of the following:

             a)   A United States institution of higher education listed  
               by the Council for Higher Education Accreditation.

             b)   A Canadian institution of higher education that is a  
               member of the Association of Universities and Colleges of  
               Canada or the Association of Canadian Community Colleges.

         28)Requires that an applicant for licensure trained in an  








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            educational institution outside the United States or Canada  
            demonstrate to the satisfaction of the BOP that he or she  
            possesses a degree in a relevant subject that is equivalent to  
            a degree earned from a regionally accredited university in the  
            United States or Canada. Such an applicant shall provide to  
            the board a comprehensive evaluation of the degree performed  
            by a foreign credential service that is a member of the  
            National Association of Credential Evaluation Services  
            (NACES), and any other documentation that the BOP deems  
            necessary.

         29)Establishes the following criteria for registration as a BAI:

             a)   A BAI may not be a licensed BA, ABA, or registered BAT  
               in order to prepare for licensure as a BA. 
             b)   Requires the BAI to be supervised in accordance with the  
               BOP's regulations by a licensed BA or a licensed  
               psychologist who is qualified to practice behavior analysis  
               in order to perform behavior analysis services.

             c)   Meets one of the following requirements:

               i)     Received a baccalaureate degree from an institution  
                 meeting specified requirements.

               ii)         Has begun or completed the graduate level  
                 instruction, as specified.

               iii)        Has begun or completed the supervised  
                 experiential training, as specified.   

             d)   Successfully passed a state- and federal-level criminal  
               offender record information search conducted through the  
               Department of Justice, and requires the BOP to request from  
               the Department of Justice subsequent arrest notification  
               service.

             e)   Apply within 14 days of electronic fingerprint image  
               submission.

             f)   Pay an application fee determined by the BOP.

         30)Requires a BAI to renew his or her registration every two  
            years by submitting to the board verification of continued  








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            practice and paying a renewal fee.

         31)Requires the BAI's supervisor to be responsible for ensuring  
            that the extent, kind, and quality of the behavior analysis  
            services the BAI performs are consistent with his or her  
            training and experience, and responsible for the BAI"s  
            compliance with the Act.

         32)Restricts an individual from practicing as a BAI for a total  
            of six years (72 months) from the date of initial  
            registration.

         33)Prohibits a BAI from providing behavior analysis services to  
            the public except as a supervisee of a licensed BA or  
            qualified licensed psychologist.

         34)Requires a BAT practicing in this state under the direction  
            and supervision of an individual licensed or registered under  
            the Act or a qualified licensed to be registered by the BOP. 

         35)Requires the following to register as a BAT: 

             a)   Be at least 18 years of age and possess a minimum of a  
               high school diploma or its equivalent.

             b)   Submit an application on a form approved by the BOP.

             c)   Have successfully passed a state- and federal-level  
               criminal offender record information search conducted  
               through the Department of Justice.  Requires the BOP to  
               request from the Department of Justice subsequent arrest  
               notification service.

             d)   Apply within 14 days of electronic fingerprint image  
               submission.

             e)   Pay an application fee.

         36)A BAT must renew his or her registration every two years by  
            submitting to the BOP verification of continued practice as a  
            BAT and by paying a renewal fee.

         37)Authorizes the BOP to deny or revoke acceptance of an  
            application or the renewal of a registration if it is  








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            determined to be in the best interest of public safety and  
            welfare, as specified.

         38)Prohibits the following after July 1, 2019:

             a)   Engaging in the practice of behavior analysis without  
               first having complied with the provisions of this Act and  
               without holding a current, valid, and active license.

             b)   Representation using the title "licensed behavior  
               analyst," "licensed assistant behavior analyst,"  
               "registered behavior analyst intern," or "registered  
               behavior analysis technician" without being licensed or  
               registered.

             c)   Making any use of any title, words, letters, or  
               abbreviations that may reasonably be confused with a  
               designation provided by this Act to denote a standard of  
               professional or occupational competence without being duly  
               licensed.

             d)   Materially refuse to furnish the BOP information or  
               records required or requested pursuant to this Act.

         39)States that the Act does not apply to any of the following:

             a)   An individual licensed to practice psychology, if the  
               practice of behavior analysis engaged in by the licensed  
               psychologist is within the licensed psychologist's training  
               and competence.

             b)   The following licensed professionals: speech-language  
               pathologist, audiologist, occupational therapist, a  
               physical therapist, MFT, EP, CSW, or PCC, if the services  
               provided by any of those licensees are within his or her  
               licensed scope of practice and within the scope of his or  
               her training and competence, provided that he or she does  
               not represent himself or herself as a licensed BA or ABA,  
               registered BAI or BAT.

             c)   A student or other individual pursuing supervised  
               experience in behavior analysis toward a license described  
               in (a) or (b) in accordance with the Act.









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             d)   A parent or guardian or his or her designee of a  
               recipient of behavior analysis services who acts under the  
               direction of a licensed BA or an exempt individual.  for  
               that recipient.

             e)   An individual who teaches behavior analysis or conducts  
               behavior analysis research and is employed by an accredited  
               or approved college, junior college, or university, or by a  
               federal, state, county, or municipal governmental entity  
               that is not primarily involved in the provision of direct  
               behavior analysis services. This individual may conduct  
               research and disseminate his or her research findings and  
               scientific information.

             f)   A BA licensed in another state or certified by the  
               certifying entity to practice independently, and who  
               temporarily provides behavior analysis services in  
               California during a period of not more than 30 days in a  
               calendar year.

             g)   An individual employed or contracted by a local  
               educational agency, or a nonpublic agency or school with a  
               contract with a local educational agency, for the purpose  
               of serving students with behavioral and developmental  
               issues when in classroom and other school settings or  
               locations specified in the student's individualized  
               education program. This individual shall not represent  
               himself or herself as a licensed BA or ABA unless he or she  
               holds a license under this chapter, and shall not offer  
               behavior analysis services to any person or entity other  
               than the local education agencies with which he or she has  
               a contract or accept remuneration for providing behavior  
               analysis services other than the remuneration received from  
               those local education agencies unless he or she holds a  
               license under this chapter.

         40)Requires a licensee or registrant to give written notice to  
            the BOP of a name change within 30 days after each change,  
            giving both the old and new names. A copy of the legal  
            document authorizing the name change, such as a court order or  
            marriage certificate, shall be submitted with the notice.

         41)Requires a licensee or registrant to file with the BOP his or  
            her address of record, which shall be used as the mailing  








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            address for the licensee or registrant and shall be  
            disclosable to the public. The licensee or registrant may  
            provide a post office box number or other alternative address  
            as his or her address of record; however, if a post office box  
            number or alternate address is used as the address of record,  
            the licensee or registrant also shall provide a physical  
            business or residential address for the BOP's internal  
            administrative use and not for public disclosure.

         42)Requires an applicant to provide the BOP with a current email  
            address.  

         43)Requires that a license expires and become invalid at midnight  
            of the last day of the two-year period from the date the  
            license was issued, if not renewed.

         44)Specifies requirements to renew an unexpired license, which  
            shall include verification from the certifying entity that he  
            or she maintains an active certification status with the  
            renewal form and, for an ABA license, proof of ongoing  
            supervision.

         45)States that a license that has expired may be renewed at any  
            time within three years after its expiration by applying for  
            renewal on a form provided by the BOP, payment of all accrued  
            and unpaid renewal fees, and a delinquency fee. The licensee  
            shall include verification from the certifying entity that he  
            or she maintains an active certification status with the  
            renewal form.

         46)Prohibits a license that is not renewed within three years of  
            its expiration from being renewed, restored, or reinstated,  
            and the license shall be canceled immediately upon expiration  
            of the three-year period, except as specified.

         47)Prohibits license renewal, a new license after expiration of  
            an expired license, or a reinstatement license unless the  
            applicant submits proof that he or she has completed not less  
            than 32 hours of approved continuing education (CE) in the  
            preceding two-year licensure cycle for licensed BAs and 20  
            hours of approved CE in the preceding two-year licensure cycle  
            for licensed ABAs.  Requires each person renewing his or her  
            license to submit proof of compliance, and any false  
            statements shall constitute a violation.








          AB 1715 (Holden)                                        Page 18  
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         48)Requires a person applying for relicensure or for  
            reinstatement to an active license status to certify under  
            penalty of perjury that he or she is in compliance with CE  
            requirements.

         49)Authorizes the BOP to recognize CE courses that have been  
            approved by the certifying entity.

         50)States that a suspended license is subject to expiration and  
            shall be renewed as provided, but such renewal does not  
            entitle the licensee, while the license remains suspended, and  
            until it is reinstated, to engage in the licensed activity or  
            in any other activity or conduct in violation of the order or  
            judgment by which the license was suspended.

         51)Prohibits a license revoked on disciplinary grounds from being  
            renewed. If it is reinstated after its expiration, the  
            licensee, as a condition of reinstatement, shall pay a  
            reinstatement fee in an amount equal to the renewal fee, and  
            any fees accrued at the time of its revocation.

         52)Authorizes the BOP on its own, and requires the BOP, upon the  
            receipt of a complaint from any person, to investigate the  
            actions of any licensee. The board shall review a licensee's  
            alleged violation of statute, regulation, or any other law and  
            any other complaint referred to it by the public, a public  
            agency, or the department, and may upon a finding of a  
            violation take disciplinary action under the Act.

         53)States that a license may be denied, revoked, or otherwise  
            sanctioned upon demonstration of ineligibility for licensure,  
            including, but not limited to, failure to maintain active  
            certification by the certifying entity or falsification of  
            documentation submitted to the BOP for licensure or submitted  
            to the certifying entity for certification.

         54)Authorizes the BOP to refuse to issue a registration or  
            license, or issue a registration or license with terms and  
            conditions, or suspend or revoke the registration or license  
            of any registrant or licensee if the applicant, registrant, or  
            licensee has been guilty of unprofessional conduct. 

         55)Defines unprofessional conduct as include, but not limited to:








          AB 1715 (Holden)                                        Page 19  
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             a)   Conviction of a crime substantially related to the  
               qualifications, functions, or duties of a licensed BA or  
               ABA or a registered BAI or BAT.

             b)   Use of any controlled substance, as specified, dangerous  
               drug, or any alcoholic beverage to an extent or in a manner  
               dangerous to himself or herself, any other person, or the  
               public, or to an extent that this use impairs his or her  
               ability to safely perform the practice of behavior  
               analysis.

             c)   Fraudulently or neglectfully misrepresenting the type or  
               status of a license held.

             d)   Impersonating another person holding a license or  
               allowing another person to use his or her license.

             e)   Use of fraud or deception in applying for a license or  
               in passing any examination required by the Act.

             f)   Paying, offering to pay, accepting, or soliciting any  
               consideration, compensation, or remuneration, whether  
               monetary or otherwise, for the referral of clients.

             g)   Making false or misleading statements, as specified in  
               BPC § 17500.  

             h)   Willful, unauthorized communication of information  
               received in professional confidence.

             i)   Violating any rule of professional conduct promulgated  
               by the BOP.  

             j)   Being grossly negligent in the practice of his or her  
               profession.

             aa)       Violating any of the provisions of the Act.

             bb)       The aiding or abetting of any person to engage in  
               the unlawful practice of behavior analysis.

             cc)       The commission of any dishonest, corrupt, or  
               fraudulent act.








          AB 1715 (Holden)                                        Page 20  
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             dd)       Any act of sexual abuse or sexual relations with a  
               patient, with a former patient, or with a patient's parent,  
               guardian, or caregiver within two years following  
               termination of therapy, or sexual misconduct that is  
               related to the qualifications, functions, or duties of a  
               licensed BA or ABA, or a registered BAI or BAT.

             ee)       Functioning outside of his or her particular field  
               or fields of competence as established by his or her  
               education, training, and experience.

             ff)       Willful failure to submit, on behalf of an  
               applicant for licensure, verification of supervised  
               experience to the board.

             gg)       Repeated acts of negligence.

             hh)       Failure to comply with all ethical and disciplinary  
               standards published by the certifying entity.

         56)States that the suspension, revocation, or imposition of  
            probationary conditions or other disciplinary action by  
            another state or country of a license, certificate, or  
            registration to practice behavior analysis issued by that  
            state or country to a person also holding a license issued  
            under the Act constitutes a violation. A certified copy of the  
            decision or judgment of the other state or country shall be  
            conclusive evidence of that action.

         57)Establishes a three year statute of limitations from the date  
            the BOP discovers the alleged act or omission that is the  
            basis for disciplinary action, or within seven years from the  
            date the alleged act or omission that is the basis for  
            disciplinary action occurred, whichever occurs first, except  
            as specified.

         58)States that if an alleged act or omission involves a minor,  
            the seven-year limitations period shall be tolled until the  
            minor reaches the age of majority.

         59)Requires an accusation filed against a licensee alleging  
            sexual misconduct to be filed within three years after the  
            board discovers the act or omission alleged a s the ground for  








          AB 1715 (Holden)                                        Page 21  
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            disciplinary action, or within 10 years after the act or  
            omission alleged as the ground for disciplinary action occurs,  
            whichever occurs first.

         60)Requires any proposed decision or decisions that contain any  
            finding of fact that the licensee engaged in any act of sexual  
            contact with a former patient, or with a patient's parent,  
            guardian, or caregiver while the patient was a patient, within  
            two years following termination of services, to contain an  
            order of revocation. The revocation shall not be stayed by the  
            administrative law judge.

         61)Authorizes the BOP to deny an application for, or issue  
            subject to terms and conditions, or suspend or revoke, or  
            impose probationary conditions upon, a license or registration  
            after a hearing, as specified.

         62)States that a plea or verdict of guilty or a conviction  
            following a plea of nolo contendere made to a charge which is  
            substantially related to the qualifications, functions, and  
            duties of a licensed BA or ABA, or a registered BAI or BAT is  
            deemed to be a conviction. Authorizes the BOP to order the  
            license suspended or revoked, or decline to issue a license  
            when the time for appeal has elapsed, the judgment of  
            conviction has been affirmed on appeal, or when an order  
            granting probation is made suspending the imposition of  
            sentence, irrespective of a subsequent order under allowing  
            the person to withdraw his or her plea of guilty and to enter  
            a plea of not guilty, or setting aside the verdict of guilty,  
            or dismissing the accusation, information, or indictment.

         63)Prohibits license eligibility for a person required to  
            register as a sex offender.

         64) Authorizes cost recovery for an administrative disciplinary  
            decision that imposes terms of probation.

         65)Requires disciplinary proceedings to adhere to the  
            Administrative Procedures Act. 

         66)States that a person who violates the Act is guilty of a  
            misdemeanor punishable by imprisonment in a county jail not  
            exceeding six months or by a fine not exceeding $2,000, or by  
            both.








          AB 1715 (Holden)                                        Page 22  
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         67)Authorizes the superior court to issue an injunction or  
            appropriate restraining order, upon application of the BOP,  
            Attorney General, or district attorney.  

         68)Establishes civil penalties for a licensee or a health care  
            facility that refuses to provide medical records or comply  
            with a court order, as specified.  

         69)Requires the BOP to report monthly to the Controller on the  
            amount and source of all revenue received pursuant to the Act  
            and at the same time deposit the entire amount in the State  
            Treasury for credit to the Psychology Fund.

         70)Requires the BOP to keep records that will reasonably ensure  
            that funds expended in the administration of each licensing  
            category bear a reasonable relation to the revenue derived  
            from each category, and shall so notify the Department of  
            Consumer Affairs no later than May 31 of each year.

         71)Requires the BOP to establish fees for the application for and  
            the issuance and renewal of licenses to cover, but not exceed,  
            the reasonable regulatory costs of administration. The fees  
            shall be fixed by the board in regulations that are duly  
            adopted under this chapter. Fees assessed pursuant to this  
            section shall not exceed the following:

             a)   The delinquency fee shall be 50 percent of the biennial  
               renewal fee.

             b)   The fee for rescoring an examination shall be $20.

             c)   The fee for issuance of a replacement license shall be  
               $5.

             d)   The fee for issuance of a certificate or letter of good  
               standing shall be $5.

         72)Establishes exemptions for payment of renewal fees in any of  
            the following circumstances:
    
             a)   While engaged in full-time active service in the United  
               States Army, Navy, Air Force, or Marine Corps.









          AB 1715 (Holden)                                        Page 23  
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             b)   While in the United States Public Health Service.

             c)   While a volunteer in the Peace Corps or AmeriCorps  
               VISTA.

         73)Prohibits a person exempted from the payment of the renewal  
            fee from engaging in any private practice and states that  
            person will become liable for the fee for the current renewal  
            period upon the completion of his or her period of full-time  
            active service and shall have a period of 60 days after  
            becoming liable within which to pay the fee before the  
            delinquency fee becomes applicable. Any person who completes  
            his or her period of full-time active service within 60 days  
            of the end of a renewal period is exempt from the payment of  
            the renewal fee for that period.
         74)Prohibits the time spent in full-time active service or  
            full-time training and active service from being included in  
            the computation of the three-year period for renewal of an  
            expired license.

         75)Prohibits the payment exemption from being applicable if the  
            person engages in any practice for compensation other than  
            full-time service in the United States Army, Navy, Air Force,  
            or Marine Corps, in the United States Public Health Service,  
            or the Peace Corps or AmeriCorps VISTA.

         76)Requires the licensing and regulatory program to be supported  
            from fees assessed to applicants and licensees. Startup funds  
            to implement this program shall be derived, as a loan, from  
            the Psychology Fund, subject to an appropriation by the  
            Legislature in the annual Budget Act. The BOP shall not  
            implement this chapter until funds have been appropriated.

          FISCAL  
          EFFECT:  This bill is keyed "fiscal" by the Legislative Counsel.  
           According to the Assembly Appropriations Committee analysis  
          dated April 20, 2016, this bill has:

                 An approximate fiscal impact to BOP of $1.9 million in  
               2017-18, the first year of implementation, and about $2.6  
               million ongoing (loan from the Psychology Fund, to be  
               reimbursed by fees).  Initial costs relate to promulgation  
               of regulations, development of materials, build-out of  
               office space, and information technology changes to add a  








          AB 1715 (Holden)                                        Page 24  
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               licensure category. This is based on an assumption of 3,850  
               licensees and 45,000 technicians and interns.  The  
               Psychology Fund has a projected balance of $9.4 million at  
               the end of $2016-17 based on GF loan repayments of $6.3  
               million in 2016-17.  

                 Unknown, likely minor if any, potential GF revenue, if  
               penalty authority contained in the bill is used to enforce  
               the bill's provisions. 

                 Significant costs over the first year of licensure and  
               minor ongoing costs to the Department of Justice for  
               additional background checks, reimbursed by the individuals  
               being screened (Fingerprint Fees Account).   

          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the California  
             Association for Behavior Analysis.  According to the Author's  
             office, "Existing law recognizes the national certification  
             of behavior analysts but does not provider for their  
             licensure.  As a result, there is no state oversight, no  
             ability to police conduct or to enforce the ethical  
             requirements of national certification.  In addition, because  
             current law recognizes behavior analysts as health care  
             providers, health plans need to credential them for purposes  
             of including them in provider networks.
             
             "Since 2012, state law (HSC Code § 1374.73 and INS 10144.51)  
             mandates that private health plans cover behavioral health  
             treatment for autism. This mandate has significantly  
             increased the demand for applied behavior analysis (ABA)  
             services. Given the increased demand for ABA services, it is  
             necessary to regulate the behavior analysis profession, to  
             ensure that children with autism, and others who can benefit  
             from behavior analysis treatment, have access to safe and  
             effective services from qualified professionals. The  
             availability of additional funding for ABA services through  
             SB 946, together with increasing numbers of people receiving  
             diagnoses of ASD and other conditions for which ABA services  
             have proved effective, will further increase consumer demand  
             for those services going forward.  Without a statute and  
             regulations formalizing minimum standards for practicing ABA  
             competently and establishing a body within the state to  








          AB 1715 (Holden)                                        Page 25  
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             oversee that practice, consumers will be at increasing risk  
             of harm from individuals making false claims to be qualified  
             to provide ABA services.
             "Finally, licensure provides protection for consumers.   
             Treatment of autism and related disorders is both challenging  
             and emotional for families.  While the current certification  
             available to providers gives consumers reliable standards for  
             choosing providers, it does not provide them with any  
             meaningful enforcement of standards or conduct at the state  
             level."

          2. Applied Behavior Analysis. Applied Behavior Analysis evolved  
             over decades of research as a behavioral health treatment  
             that uses conditioning techniques and principles to bring  
             about meaningful and positive change in behavior. These  
             techniques can be used in structured situations such as a  
             classroom and in everyday situations such as the playground.
             
             The Centers for Disease Control (CDC) recognizes Applied  
             Behavioral Analysis as a widely accepted treatment among  
             healthcare professionals for the treatment of individuals  
             with autism spectrum disorder (ASD).  

             ASD is defined by the Centers for Medicare and Medicaid  
             Services (CMS) as a developmental disability that can cause  
             significant social, communication and behavioral challenges.  
             A diagnosis of ASD now includes several conditions that used  
             to be diagnosed separately: autistic disorder, pervasive  
             developmental disorder not otherwise specified, and Asperger  
             syndrome. In 2014, the CDC estimated that approximately 1 in  
             68 children has been identified with ASD. 

             There are currently 1,179 Board Certified BAs and 150 Board  
             Certified ABAs in California, and seven California State  
             University campuses offer Behavior Analyst Certification  
             Board (BACB) course sequences, in addition to several private  
             universities.  

          3. Behavioral health coverage in California.  Health plans and  
             health insurance policies are required to cover behavioral  
             health therapy for Californians with pervasive developmental  
             disorder or autism (PDD/A) and are required to maintain  
             adequate networks of autism service providers due to SB 946  
             (Steinberg) Chapter 650, Statutes of 2011.  Federal law also  








          AB 1715 (Holden)                                        Page 26  
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             mandates services through Medicaid. CMS explained treatment  
             coverage for children with ASD in a bulletin dated July 2014,  
             "Clarification of Medicaid Coverage of Services to Children  
             with Autism." This guidance document clarified coding  
             provisions for various treatments, including screening and  
             preventive services and "services of other licensed  
             practitioners."
             
             Other Licensed Practitioner services (OLP) services are  
             defined as "medical or remedial care or services, other than  
             physicians' services, provided by licensed practitioners  
             within the scope of practice as defined under State law." If  
             a state licenses practitioners who furnish services to  
             address ASD, the state may elect to cover those providers  
             even if the providers are not covered under other sections of  
             the plan (e.g., physical therapist, occupational therapist,  
             etc.).  The guidance also stated that services furnished by  
             non-licensed practitioners under supervision of a licensed  
             provider could be covered under the OLP benefit under  
             specified conditions.  

             This bill seeks to create a license for one particular  
             certain type of ASD therapy in order to take advantage of  
             increased reimbursement opportunities and standardize  
             treatment providers in a growing marketplace.   

          4. Other behavioral health therapies. The CDC groups ASD  
             treatments into four categories:  Behavior and Communication  
             Approaches; Dietary Approaches; Medication; and Complementary  
             and Alternative Medicine

             Applied Behavioral Analysis is only one of several modalities  
             within Behavior and Communication Approaches.  Other  
             therapies in this category include:

                   a)        Developmental, Individual Differences,  
                    Relationship-Based Approach  (DIR; also called  
                    "  Floortime  "). Floortime focuses on emotional and  
                    relational development (feelings, relationships with  
                    caregivers). It also focuses on how the child deals  
                    with sights, sounds, and smells.

                  b)  Treatment and Education of Autistic and related  
                    Communication-handicapped Children (TEACCH)  TEAACH  








          AB 1715 (Holden)                                        Page 27  
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                    uses visual cues to teach skills. For example, picture  
                    cards can help teach a child how to get dressed by  
                    breaking information down into small steps.

                   c)        Occupational Therapy  .  Occupational therapy  
                    teaches skills that help the person live as  
                    independently as possible. Skills might include  
                    dressing, eating, bathing, and relating to people.

                   d)        Sensory Integration Therapy  .  Sensory  
                    integration therapy helps the person deal with sensory  
                    information, like sights, sounds, and smells. Sensory  
                    integration therapy could help a child who is bothered  
                    by certain sounds or does not like to be touched.

                   e)        Speech Therapy  . Speech therapy helps to  
                    improve the person's communication skills. Some people  
                    are able to learn verbal communication skills. For  
                    others, using gestures or picture boards is more  
                    realistic.

                   f)        The Picture Exchange Communication System   
                    (PECS). PECS uses picture symbols to teach  
                    communication skills. The person is taught to use  
                    picture symbols to ask and answer questions and have a  
                    conversation.

             These therapies may be provided by other licensed  
             individuals, such as MFTs, LCSWs, LPCCs, LEPs, psychologists,  
             or other certified or unlicensed individuals.  

             To emphasize the various treatment options available, CMS  
             issued a follow-up bulletin in September 2014 entitled,  
             "Medicaid and CHIP FAQs: Services to Address Autism."  In  
             answer to a question as to whether CMS mandates Applied  
             Behavior Analysis services for children with ASD, CMS  
             replied, "No. Applied Behavior Analysis is one treatment  
             modality for ASD. CMS is not endorsing or requiring any  
             particular treatment modality for ASD. State Medicaid  
             agencies are responsible for determining what services are  
             medically necessary for eligible individuals."  

          5.  Policy Concerns.









          AB 1715 (Holden)                                        Page 28  
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                   a)        Certifying body  .  This bill creates a  
                    licensure based on the certification provided by the  
                    Behavior Analyst Certification Board (BACB), an  
                    independent, nonprofit organization created in 1998.   
                    This bill establishes a state licensing system, but  
                    because it also requires a licensee to maintain  
                    certification with a private entity, the BACB is  
                    empowered to set standards that trump those of the  
                    state.  This bill gives the following powers to the  
                    BACB:

                    i)          Approve supplemental course sequence for  
                      individuals who did not take an applied behavioral  
                      analysis course sequence.

                    ii)         Establish supervision requirements.

                    iii)        Approve university practicum.

                    iv)         Establish ethical and disciplinary  
                      standards.

                    v)          Determine eligibility and administer the  
                      licensing exam. 

                    These are powers traditionally reserved for the  
                    state's professional regulatory boards, and it is  
                    unclear what benefit a licensee would derive from both  
                    certification and licensure.  Further, in a post FTC  
                    v. North Carolina world, the absolute absence of any  
                    state supervision or ability to modify or veto the  
                    BACB's certification requirements could subject the  
                    state to significant liability. 

                    This bill should strike all references requiring a  
                    licensee to maintain certification and give the BOP  
                    exclusive authority to set licensing standards. 

                   b)        Parity among similar license types  .  While  
                    this bill expressly acknowledges overlap in scope  
                    between a BA and other license types, particularly  
                    psychologists and those licensed by the BBS (MFT,  
                    LCSW, LPCC, and LEP) the bill does not justify unequal  
                    treatment between the professions.  Psychologists may  








          AB 1715 (Holden)                                        Page 29  
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                    supervise behavior analysis assistants, interns, and  
                    technicians, but BBS licensees may not.  More  
                    significantly, this bill is structured in a way such  
                    that a licensee without a master's degree in a named  
                    discipline (education, psychology, or behavioral  
                    analysis) may never be able to dual licensure without  
                    repeating a master's program because BACB requires  
                    those particular degrees for certification, and  
                    requires certification to sit for the licensing exam.   
                    BACB currently has the only national exam for  
                    behavioral analysis.  
                     
                     This bill should be amended to allow the BOP to  
                    license and administer BACB's exam (or develop an  
                    alternate exam) for those individuals who do not  
                    qualify for certification.  BOP should evaluate the  
                    education and experience of individuals that are  
                    educated in behavioral analysis principles outside of  
                    the BACB sequence and establish alternate pathways for  
                    licensure. 

                   c)        Education exemption should be eliminated  .   
                    Current education law encourages the provision of  
                    appropriate therapies for children with ASD, and  
                    statute recognizes existing licensees that provide  
                    similar services, but this bill would not require  
                    applied behavioral analysis to be provided by  
                    individuals licensed by the state in public or private  
                    schools, as specified.  Discussions with  
                    representatives from the Department of Education did  
                    not yield substantive evidence that their existing  
                    credentialing would provide equal or greater  
                    protections for children seeking behavioral analysis.  
                    Further, existing law does not mandate schools to use  
                    board certified providers, so an explicit exemption  
                    may be redundant. 

                   d)        Other concerns:  

                    i)          Conform the sunset date for the Behavior  
                      Analyst Committee to that of the BOP.

                    ii)         Increase public membership of the Behavior  
                      Analyst Committee.








          AB 1715 (Holden)                                        Page 30  
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                    iii)        Clarify that other treatment modalities  
                      are not eclipsed by this bill.

                    iv)         Clarify that a parent or other designee is  
                      not required to maintain a professional relationship  
                      with a licensed individual in order to implement a  
                      treatment plan.

                    v)          Establish fee schedule in the bill, rather  
                      than by regulation. 

          6. Related legislation. AB 796 (Nazarian) Requires the  
             Department of Managed Health Care (DMHC) in conjunction with  
             the California Department of Insurance (CDI) to develop  
             procedure codes for evidence-based behavioral health  
             treatment other than applied behavioral analysis. Requires  
             DMHC to convene a task force, with CDI as lead agency, to  
             develop a methodology for determining evidence-based  
             practices in the field of behavioral health treatment, a list  
             of modalities to be distributed to health plans, and minimum  
             education and training standards for qualified autism service  
             professionals and paraprofessionals practicing behavioral  
             health treatment other than applied behavior analysis.  
             Removes the sunset date on coverage for behavioral health  
             treatment for pervasive developmental disorder or autism  
             (PDD/A).  (  Status  :  This bill is pending in Senate Health  
             Committee)

             SB 1034 (Mitchell) eliminates the sunset date on the health  
             insurance mandate to cover behavioral health treatment for  
             PDD/A, and makes other revisions to the law such as  
             prohibiting denials for medically necessary behavioral health  
             treatment based on the setting, location or time of the  
             treatment. (  Status  : This bill is pending in the Assembly  
             Health Committee.) 

          7. Previous legislation. SB 479 (Bates) of 2015 was a  
             substantially similar bill to AB 1715.  (  Status  : This bill  
             was held in the Assembly Appropriations Committee.)
             
             AB 1279 (Holden) of 2015 would have established the Music  
             Therapy Act and provided that only a qualified individual, as  
             specified, may call himself or herself a "Board Certified  








          AB 1715 (Holden)                                        Page 31  
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             Music Therapist."  (  Status  : This bill was vetoed by the  
             Governor, who stated "Generally, I have been very reluctant  
             to add licensing or title statutes to the laws of California.  
             This bill appears to be unnecessary as the Certification  
             Board for Music Therapists, a private sector group, already  
             has defined standards for board certification.") 
             
             SB 126 (Steinberg) Chapter 680, Statutes of 2013, extended,  
             until January 1, 2017, the sunset date of an existing state  
             health benefit mandate that requires health plans and health  
             insurance policies to cover behavioral health treatment for  
             PDD/A and requires plans and insurers to maintain adequate  
             networks of PDD/A service providers.  

             SB 946 (Steinberg) Chapter 650, Statutes of 2011, required  
             health plans and health insurance policies to cover  
             behavioral health therapy for pervasive developmental  
             disorder or autism, requires plans and insurers to maintain  
             adequate networks of autism service providers, established an  
             Autism Advisory Task Force in the Department of Managed  
             Health Care, sunsetted this bill's autism mandate provisions  
             on July 1, 2014, and made other technical changes to existing  
             law regarding HIV reporting and mental health services  
             payments.

          8. Arguments in Support.  >

          9. Arguments in Opposition.  The  Association of Regional Center  
             Agencies  writes, "Once phased in, this bill profoundly  
             jeopardizes access to critical services for individuals with  
             a variety of developmental disabilities.  It will severely  
             restrict capacity to provide behavioral health treatments,  
             and increase General Fund costs by millions of dollars.  It  
             applies to an overly-broad range of individuals.  And it  
             restricts an entire field of treatment to just a single  
             mode."  

              State Council on Developmental Disabilities  and  Disability  
             Rights California  write, "Requiring licensure for all levels  
             of service providers will increase the cost of care and  
             reduce the number of trained and available professionals.   
             There are already long waiting lists for ABA services.   
             Access will be reduced further if all paraprofessional staff  
             need licensure.  Licensure will also greatly increase costs  








          AB 1715 (Holden)                                        Page 32  
          of ?
          
          
             because providers of applied behavior analysis services will  
             not be able to continue the same level of care at the  
             reimbursement rates currently provided by the Regional Center  
             and Medi-Cal.  Only children with private insurance, or  
             families with high resources, will be able to access  
             intensive behavioral intervention."

              The California Association of Marriage and Family Therapists   
             write, "While we commend the desire for better protection of  
             the vulnerable population addressed through AB 1715, and  
             appreciate the willingness of Assemblymember Holden and the  
             sponsor to work with us on our concerns, we continue to have  
             ? issues with the bill that we believe will lead to  
             unintended consequences, as currently written."

              The Autism Business Association  expresses their concern that  
             the "current state registration proposed for technicians and  
             interns may delay these staff members' ability to work with  
             patients due to the fact that there is no timeline for the  
             BOP to process applications."

             A number of parent-led organizations have concerns with  
             several aspects of the bill, including the requirements on  
             the BAT and the timing of the licensing and registration  
             implementation.  
          
          SUPPORT AND OPPOSITION:
          
           Support:  

           Opposition:  


                                      -- END --