BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: SB 479 Hearing Date: April 27,
2015
-----------------------------------------------------------------
|Author: |Bates |
|----------+------------------------------------------------------|
|Version: |April 6, 2015 |
-----------------------------------------------------------------
----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Sarah Huchel |
|: | |
-----------------------------------------------------------------
Subject: Healing arts: behavior analysis: licensing.
SUMMARY:1) Establishes the Behavior Analyst Act to license behavioral
analysts
and assistant behavioral analysts, and establishes an advisory
Behavior Analyst Committee to advise the Board of Psychology on
administration of this Act.
Existing law:
1)Establishes the Board of Psychology to enforce and administer
the Psychology Licensing Law. (Business and Professions Code
(BPC) §§ 2901 and 2920)
2)Defines the practice of psychology as rendering or offering to
render for a fee 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. The application of these
principles and methods includes, but is not restricted to:
diagnosis, prevention, treatment, and amelioration of
SB 479 (Bates) Page 2
of ?
psychological problems and emotional and mental disorders of
individuals and groups. (BPC § 2903)
3)Defines "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 § 4999.20)
4)Requires that every health care service plan or insurance
policy that provides hospital, medical or surgical coverage
must also provide coverage for behavioral health treatment for
pervasive developmental disorder or autism (PDD/A).
(Health and Safety Code (HSC) §1374.73(a), Insurance Code (IC)
§10144.51(a))
5)Requires these health care service plans and health insurers
subject to this provision to maintain an adequate network of
qualified autism service providers. (HSC §1374.73(b), IC
§10144.51(b))
6)Defines "behavioral health treatment" as professional services
and treatment programs, including applied behavior analysis
and evidence-based behavior intervention programs which
develop or restore the functioning of an individual with
pervasive developmental disorder or autism, and meets the
following criteria:
a) Is prescribed by a licensed physician and surgeon or is
developed by a licensed psychologist.
b) Is provided under a treatment plan prescribed by a
qualified autism service provider and administered by such
a provider or by a qualified autism service professional
under supervision and employment of a qualified autism
service provider.
SB 479 (Bates) Page 3
of ?
c) The treatment plan has measurable goals over a specific
timeline and the plan is reviewed by the provider at least
once every six months.
d) Is not used for purposes of providing or for the
reimbursement of respite, day care, or educational
services. (HSC §1374.73(c), IC §10144.51(c))
7)Defines a "qualified autism service provider" as either:
a) A person, entity, or group that is certified by a
national entity, such as the Behavior Analyst Certification
Board (BACB), that is accredited and which designs,
supervises, or provides treatment for pervasive
developmental disorder or autism.
b) A person who is licensed as a specified healing arts
practitioner, including a psychologist, marriage and family
therapist, educational psychologist, clinical social
worker, or professional clinical counselor. The licensee
must design, supervise, or provide treatment for pervasive
developmental disorder or autism and be within his or her
experience and competence. (HSC §1374.73(c), IC
§10144.51(c))
8)Defines a "qualified autism service professional" as someone
who meets all of the following:
a) Provides behavioral health treatment.
b) Is employed and supervised by a qualified autism service
provider.
c) Provides treatment according to a treatment plan
developed and approved by the qualified autism service
provider.
d) Is a behavioral service provider approved by a regional
center to provide services as an Associate Behavior
Analyst, Behavior Analyst, Behavior Management Assistant,
Behavior Management Consultant, or Behavior Management
Program as defined in Title 17 of the California Code of
Regulations (CCR) § 54342.
SB 479 (Bates) Page 4
of ?
e) Has training and experience providing services for
pervasive developmental disorder or autism pursuant to the
Lanterman Developmental Disabilities Services Act. (HSC
§1374.73(c), IC §10144.51(c))
9)Defines a "qualified autism service paraprofessional" as an
unlicensed and uncertified person who meets all of the
following:
a) Is employed and supervised by a qualified autism service
provider.
b) Provides treatment according to a treatment plan
developed and approved by the qualified autism service
provider.
c) Meets criteria set forth in regulations regarding use of
paraprofessionals in group practice providing behavioral
intervention services.
d) Is certified by a qualified autism service provider as
having adequate education, training, and experience. (HSC
§1374.73(c), IC §10144.51(c))
10)Defines vendor service codes and sets requirements for
regional center to classify the following professions:
a) Associate Behavior Analysts.
b) Behavior Analysts.
c) Behavior Management Assistants.
d) Behavior Management Consultants.
e) Behavior Management Programs. (17 CCR §54342)
This bill:
1)Adds behavior analysts (BAs) and assistant behavior analysts
(ABAs) to the list of licensees about which the Board of
Psychology (Board) is required to disclose information.
2)Requires the Board to enforce the licensure provisions of this
SB 479 (Bates) Page 5
of ?
bill.
3)Increases the size of the Board from nine to 11 by July 1,
2017, and states its composition as follows:
a) Seven professional members appointed by the Governor,
consisting of:
i) Five licensed psychologists.
ii) One licensed psychologist who is qualified to
practice behavior analysis, as specified.
(1) For the first appointment, the member shall be
a certified BA.
(2) For subsequent appointments, the member shall
be a licensed BA.
iii) One BA as follows:
(1) For the first appointment, the member shall be
a certified BA.
(2) For subsequent appointments, the member shall
be a licensed BA.
b) Four public members, appointed as follows:
i) Two appointed by the Governor.
ii) One appointed each by the Senate Committee on Rules
and the Speaker of the Assembly.
4)Requires six members of the Board to constitute a quorum.
5)Establishes the Behavior Analyst Act.
6)Makes Legislative findings and declaration as to the
importance of licensing behavior analysts in California.
7)States the intent of the Legislature that the Board begin
accepting applications for BA licensure and ABA licensure no
later than January 1, 2018, provided that the funds necessary
SB 479 (Bates) Page 6
of ?
to implement this bill have been appropriated by the
Legislature.
8)Defines the following terms:
a) "Certifying entity" as the BACB or its successor, or a
national organization with a behavior analyst certification
program approved by the Board and accredited by the
National Commission for Certifying Agencies.
b) "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 any of the following:
i) The empirical identification of functional relations
between behavior and environmental factors, known as
functional assessment and analysis.
ii) Interventions based on scientific research and the
direct observation and measurement of behavior and the
environment.
iii) 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.
iv) The practice of behavior analysis does not include
psychological testing, diagnosis of a mental or physical
disorder, neuropsychology, psychotherapy, cognitive
therapy, sex therapy, psychoanalysis, hypnotherapy, or
counseling as treatment modalities.
9)Vests the Board with the power to administer the provisions
and requirements of the Act, and authorizes it to make and
enforce rules and regulations that are reasonably necessary.
10)Establishes a sunset date of January 1, 2021.
11)States that protection of the public shall be the highest
priority for the Board in exercising its licensing,
SB 479 (Bates) Page 7
of ?
regulatory, and disciplinary functions pursuant to this bill.
Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the
public shall be paramount.
12)Requires the Board to adopt, amend, and repeal regulations to
implement the requirements of this bill upon recommendation of
the Behavior Analyst Committee ("Committee").
13)Authorizes the Board to employ, subject to civil service and
other laws, employees as may be necessary to carry out the
provisions of this bill under the direction of the executive
officer of the Board.
14)Requires the Board to maintain, and make available to the
public, a list of all licensees and their statuses on its
Internet Web site, as specified.
15)Establishes the Committee as of July 1, 2017 within the
jurisdiction of the Board 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)Establishes the Committee as having five members, as follows:
a) Two members shall be licensed BAs.
b) One member shall be a psychologist who is also a member
of the Board and who is a licensed BA.
c) One member shall be a licensed ABA.
d) One member shall be a public member who is a consumer of
behavior analysis services and who is not licensed under
this bill or under any healing arts board under the
Department of Consumer Affairs.
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
the Speaker of the Assembly shall appoint one licensed BA
member.
SB 479 (Bates) Page 8
of ?
18)Establishes the initial appointees as follows:
a) The Governor's appointees:
i) One member shall hold a certificate as a certified
BA from a certifying entity and shall serve an initial
term of one year.
ii) One member shall hold a certificate as a certified
ABA from a certifying entity and shall serve an initial
term of two years.
iii) One member shall be a licensed psychologist who
holds a certificate as a certified BA from a certifying
entity and shall serve an initial term of three years.
b) The initial public member appointed by the Senate
Committee on Rules shall serve a term of four years.
c) The initial member appointed by the Speaker of the
Assembly shall hold a certificate as a certified BA from a
certifying entity and shall serve an initial term of four
years.
19)States that each member of the Committee 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.
20)Requires Committee membership terms to begin on July 1 and
expire on June 30.
21)Requires each member of the Committee to receive $100 per
diem and actual expenses, as specified.
22) States that three members of the Committee shall at all
times constitute a quorum.
23)Requires the Committee to do all of the following:
SB 479 (Bates) Page 9
of ?
a) Meet publicly at least once per quarter, called upon
reasonable notice at the discretion of the chair, and may
be called at any time upon reasonable notice by
a written request to the chair by two Committee members.
b) Elect a chair and a vice chair from among its members at
the first meeting held in each fiscal year. The chair shall
preside at all meetings of the Committee and shall work
with the executive officer of the Board to coordinate the
Committee's business. If the chair is unable to attend a
meeting, the vice chair shall preside at the meeting.
24)Authorizes the Committee to make recommendations to the Board
regarding licensing and practice standards and regarding the
adoption, amendment, and repeal of regulations to implement
the requirements of this bill including, but not limited to,
the setting of fees and the establishment of disciplinary
actions.
25)Requires, for any action taken by the Committee to be
effective, adoption by majority vote of the members of the
Committee and a majority vote of the Board.
26)Requires each applicant for licensure as a BA or ABA to meet
the Board's regulatory requirements for BA or ABA licensure,
as applicable, including all of the following:
a) The applicant has not committed acts or crimes
constituting grounds for denial, as specified.
b) The applicant has not been convicted of a crime in this
state, or another state, or in a territory of the United
States that involves sexual abuse of a child, or who is
required to register as a sex offender in the United States
or other territory.
c) The applicant has successfully passed a state and
federal level criminal offender record information search
conducted through the Department of Justice.
27)Requires an individual seeking a license as a BA to submit an
application on a form approved by the Board accompanied by the
appropriate fees.
SB 479 (Bates) Page 10
of ?
28)Requires the Board to verify with the certifying entity that
the applicant meets all of the following requirements:
a) Has passed the Board Certified Behavior Analyst
examination administered by the BACB.
b) Maintains an active status as a certified BA with the
certifying entity.
c) Is in compliance with all ethical and disciplinary
standards published by the certifying entity.
29)Requires each applicant to obtain a passing score on a
California law and ethics examination administered by the
Board.
30)Establishes the following requirements for BA licensure:
a) Possession of a master's degree or higher level of
education from a qualified institution, as specified, that
was conferred in behavior analysis or other natural
science, education, human services, engineering, medicine,
or a field related to behavior analysis and approved by the
certifying entity.
b) Meet one of the following requirements:
i) Completion of 270 hours of classroom graduate-level
instruction in specified content areas and experience by
any of the following:
(1) Completed 1,500 hours of independent field
work in behavior analysis supervised in accordance
with the requirements of the certifying entity.
(2) Completed, with a passing grade, 1,000 hours
of supervised practicum in behavior analysis within a
university practicum approved by the certifying entity
and taken for graduate academic credit.
(3) Completed, with a passing grade, 750 hours of
supervised intensive practicum in behavior analysis
within a university practicum approved by the
certifying entity and taken for graduate academic
SB 479 (Bates) Page 11
of ?
credit.
(4) Completed a combination of the supervised
experience listed above.
ii) Completed one academic year as a full-time faculty
appointment at a college or university during which he or
she taught classes on basic principles of behavior,
single-subject research methods, applications of basic
principles of behavior in applied settings, and ethical
issues, and conducted and published research in behavior
analysis. An applicant by this method shall also have
obtained experience by any of the following:
(1) Completed 1,500 hours of independent field
work in behavior analysis supervised in accordance
with the requirements of the certifying entity.
(2) Completed, with a passing grade, 1,000 hours
of supervised practicum in behavior analysis within a
university practicum approved by the certifying entity
and taken for graduate academic credit.
(3) Completed, with a passing grade, 750 hours of
supervised intensive practicum in behavior analysis
within a university practicum approved by the
certifying entity and taken for graduate academic
credit.
(4) Completed a combination of the supervised
experience listed above.
iii) Possession of a doctoral degree, conferred at least
10 years prior to the date of application, in the field
of behavior analysis, psychology, education, or a related
field approved by the certifying entity, and ten years of
verified and documented postdoctoral experience
practicing behavior analysis.
31)States that if an individual is certified by a certifying
entity whose requirements for initial certification as a
certified BA at the time of license application meets or
surpasses the requirements listed in this bill, the applicant
for licensure shall be deemed to have satisfied these
SB 479 (Bates) Page 12
of ?
requirements.
32)Requires an individual seeking licensure as an ABA to submit
an application on a form approved by the Board accompanied by
the appropriate fees.
33)Requires the Board to verify with the certifying entity that
the applicant meets all of the following requirements:
a) Has passed the Board Certified Assistant Behavior
Analyst examination administered by the certifying entity.
b) Maintains an active status as a board certified ABA with
the certifying entity.
c) Is in compliance with all ethical and disciplinary
standards published by the certifying entity.
34)Requires each applicant to obtain a passing score on a
California law and ethics examination administered by the
Board.
35)Requires each applicant to provide proof of ongoing
supervision by a licensed BA in a manner consistent with the
certifying entity's requirements for supervision of ABAs.
36)Establishes the following requirements for ABA licensure:
a) Possession of a baccalaureate degree or higher level of
education from a qualifying institution, as specified.
b) Completion of 180 classroom hours of undergraduate or
graduate level instruction in specified content areas, and
obtained experience by any of the following:
i) Completed 1,000 hours of independent field work in
behavior analysis supervised in accordance with the
requirements of the certifying entity.
ii) Completed, with a passing grade, 670 hours of
supervised practicum in behavior analysis within a
university practicum approved by the certifying entity
and taken for academic credit.
SB 479 (Bates) Page 13
of ?
iii) Completed, with a passing grade, 500 hours of
supervised intensive practicum in behavior analysis
within a university practicum approved by the certifying
entity and taken for academic credit.
iv) Completed a combination of the supervised experience
listed above.
37)States that if an individual is certified by a certifying
entity whose requirements for initial certification as a
certified ABA at the time of the license application meet or
surpass the requirements in this bill, the applicant for
licensure shall be deemed to have satisfied these
requirements.
38)Requires the education required to obtain a BA or ABA license
to 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.
c) An institution of higher education located outside the
United States or Canada that, at the time the applicant was
enrolled and at the time the applicant graduated,
maintained a standard of training equivalent to the
standards of training of those institutions accredited in
the United States as demonstrated by a member of the
National Association of Credential Evaluation Services.
39)Makes it unlawful on and after January 1, 2018, for any
person to engage in any of the following acts:
a) Engaging in the practice of behavior analysis without
first having complied with the provisions of this bill and
without holding a current, valid, and active license.
b) Representing himself or herself by the title "licensed
BA," or "licensed ABA" without being duly licensed
according to the provisions of this bill.
SB 479 (Bates) Page 14
of ?
c) Make any use of any title, words, letters, or
abbreviations that may reasonably be confused with a
designation provided by this bill to denote a standard of
professional or occupational competence without being duly
licensed.
d) Materially refuse to furnish to the Board information or
records required or requested pursuant to this bill.
40)Specifies that this bill 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) An occupational therapist, a physical therapist, a
marriage and family therapist, or an educational
psychologist acting 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 licensed ABA.
c) An individual, including a paraprofessional technician,
acting under the authority and direction of a licensed BA,
a licensed ABA, or an individual described in paragraph (a)
or (b).
d) A family member of a recipient of behavior analysis
services who acts under the extended authority and
direction of a licensed BA or a licensed ABA.
e) A matriculated college or university student who
practices behavior analysis as a part of a defined program
of study, course, practicum, internship, or postdoctoral
fellowship, provided that the behavior analysis activities
are directly supervised by a licensed BA, or by an
instructor in a course sequence approved by the certifying
entity.
f) An unlicensed individual pursuing supervised experience
in behavior analysis consistent with the experience
requirements of the certifying entity provided such
SB 479 (Bates) Page 15
of ?
experience is supervised in accordance with the
requirements of the certifying entity.
g) An individual who teaches behavior analysis or conducts
behavior analytic research provided that such teaching or
research does not involve the direct delivery of behavior
analysis services.
h) 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 90 days in a
calendar year.
i) An individual who is designated as a vendor by one or
more regional centers of the California Department of
Developmental Services while practicing behavior analysis
services authorized pursuant to the conditions to under a
vendor agreement. That individual shall not represent
himself or herself as a licensed BA or licensed ABA unless
he or she holds a license under this bill, and that
individual shall not offer behavior analysis services to
any person or entity other than the regional centers with
which he or she is authorized, and the individual may not
accept remuneration for providing behavior analysis
services other than the remuneration received from those
regional centers.
j) An individual employed by a school board performing the
duties of his or her position, provided that he or she
shall only offer behavior analysis services within the
scope of that employment by the school board.
41)Requires the Board to issue a license to a person who is
licensed as a BA or an ABA in another state if that state
currently imposes comparable licensure requirements as those
required by this state and if that state offers reciprocity to
individuals licensed under this chapter.
42)Requires applicants for a license under reciprocity to submit
an application on a form approved by the Board accompanied by
the appropriate fees and complete any other eligibility
requirements established by the Board, including, but not
limited to, a criminal background check.
SB 479 (Bates) Page 16
of ?
43)Requires the Board to verify that the applicant:
a) Holds an active license as a licensed BA or licensed ABA
in another state.
b) Is not subject to any disciplinary action by another
state or certifying entity.
c) Maintains an active status as board certified behavior
analyst or board certified assistant behavior analyst with
the certifying entity.
d) Is in compliance with all ethical and disciplinary
standards published by the certifying entity.
e) Has obtained a passing score on a California law and
ethics examination.
44)Requires a licensee to give written notice to the Board 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.
45)Requires that a license expires and becomes invalid two years
after it is issued at
12 midnight on the last day of the month in which it was issued,
if it is not renewed.
46)Requires a licensee, to renew an unexpired license on or
before the date on which it would otherwise expire, apply for
renewal on a form provided by the Board, accompanied by the
renewal fee set by the Board. The Board shall obtain
verification from the certifying entity that the renewal
applicant maintains an active certification status with the
certifying entity.
47)Requires an individual renewing an ABA license to apply for
renewal on a form provided by the Board, accompanied by the
renewal fee set by the Board. The Board shall obtain
verification from the certifying entity that the renewal
applicant maintains an active certification status with the
SB 479 (Bates) Page 17
of ?
certifying entity. The licensee shall also submit proof of
ongoing supervision by a licensed BA in a manner consistent
with the certifying entity's requirements for supervision of
ABAs.
48)Provides 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 Board, payment of all
accrued and unpaid renewal fees, and the delinquency fee, as
specified. The board shall obtain verification from the
certifying entity of the licensee's active certification
status with the certifying entity.
49)Provides that, except in cases of a suspended or revoked
license, a license that is not renewed within three years of
its expiration shall not be renewed, restored, or reinstated,
and the license shall be canceled immediately upon expiration
of the three year-period.
50)States that a suspended license is subject to expiration and
shall be renewed as provided in this bill, 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)States that a license revoked on disciplinary grounds is
subject to expiration as provided in this article, but it may
not be 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, plus
the delinquency fee and any fees accrued at the time of its
revocation.
52)Authorizes the Board on its own volition and requires the
Board, 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 this
article.
SB 479 (Bates) Page 18
of ?
53)States that a license issued under this bill 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
board for licensure or submitted to the certifying authority
for certification.
54)The board may deny a license application, may issue a license
with terms and conditions, may suspend or revoke a license, or
may place a license on probation if the applicant or licensee
has been guilty of unprofessional conduct. Unprofessional
conduct shall include, but not be limited to:
a) Conviction of a crime substantially related to the
qualifications, functions, or duties of a licensed BA or a
licensed ABA.
b) Use of any controlled substance, 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 actually 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 this bill.
f) Paying, offering to pay, accepting, or soliciting any
consideration, compensation, or remuneration, whether
monetary or otherwise, for the referral of clients.
g) Violating laws related to advertising.
h) Willful, unauthorized communication of information
received in professional confidence.
i) Being grossly negligent in the practice of his or her
profession.
SB 479 (Bates) Page 19
of ?
j) Violating any of the provisions of this bill or
regulations duly adopted thereunder.
aa) The aiding or abetting of any person to engage in the
unlawful practice of behavior analysis.
bb) 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 this Act if the act for which the disciplinary action
was taken constitutes a violation of this section. A
certified copy of the decision or judgment of the other
state or country shall be conclusive evidence of that
action.
cc) The commission of any dishonest, corrupt, or fraudulent
act.
dd) Any act of sexual abuse or sexual relations with a
patient or former patient within two years following
termination of therapy, or sexual misconduct that is
substantially related to the qualifications, functions, or
duties of a licensed BA or a licensed ABA.
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.
55)Requires accusations, subject to the exceptions below, to be
filed against a licensee within three years from the date the
Board discovers the alleged act or omission that is the basis
for disciplinary action, or within seven years from the date
SB 479 (Bates) Page 20
of ?
the alleged act or omission that is the basis for disciplinary
action occurred, whichever occurs first. The limitations
period shall be tolled during any period if material evidence
necessary for prosecuting or determining whether a
disciplinary action would be appropriate is unavailable to the
Board due to an ongoing criminal investigation. The following
are exceptions:
a) An accusation filed against a licensee alleging the
procurement of a license by fraud or misrepresentation may
be filed at any time.
b) The three year limitation shall be tolled for the length
of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the
board is not filed in a timely fashion.
c) If an alleged act or omission involves a minor, the
seven and ten year limitation periods, as specified, shall
be tolled until the minor reaches the age of majority.
d) An accusation filed against a licensee alleging sexual
misconduct shall be filed within three years after the
board discovers the act or omission alleged as the ground
for disciplinary action, or within 10 years after the act
or omission alleged as the ground for disciplinary action
occurs, whichever occurs first.
56)Requires that any proposed decision or decision that contains
any finding of fact that the licensee engaged in any act of
sexual contact with a patient or with a former 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.
57)Authorizes the Board 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.
58)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 licensed ABA is deemed to be a
SB 479 (Bates) Page 21
of ?
conviction. Authorizes the Board to order the license
suspended or revoked or decline to issue a license when:
a) The time for appeal has elapsed,
b) The judgment of conviction has been affirmed on appeal,
c) An order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order
allowing the person to withdraw his or her plea of guilty
and to enter a plea of not guilty.
d) An order is made setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
59)States that any person required to register as a sex offender
is not eligible for licensure.
60)Authorizes an administrative disciplinary decision that
imposes terms of probation to include, among other things, a
requirement that the licensee who is being placed on probation
pay the monetary costs associated with monitoring the
probation.
61)States that a person who violates any of the provisions of
this bill is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months or by a
fine not exceeding two thousand five hundred dollars ($2,500),
or by both that fine and imprisonment.
62)States that, in addition to other proceedings provided in
this bill, whenever any person has engaged, or is about to
engage, in any acts or practices that constitute, or will
constitute, an offense against this bill, the superior court
in and for the county wherein the acts or practices take
place, or are about to take place, may issue an injunction or
other appropriate order restraining that conduct on
application of the Board, the Attorney General, or the
district attorney of the county. States that there shall be a
presumption that there is no adequate remedy at law and that
irreparable damage will occur if the continued violation is
not restrained or enjoined. On the written request of the
Board, or on its own motion, the Board may commence an action
in the superior court.
SB 479 (Bates) Page 22
of ?
63)Requires the Board to report each month to the Controller the
amount and source of all revenue received pursuant to this
bill and at the same time deposit the entire amount thereof in
the State Treasury for credit to the Psychology Fund.
64)Requires that the money credited to the Psychology Fund be
used for the purposes of carrying out and enforcing the
provisions of this bill.
65)Requires the Board 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 notify the department no later
than May 31 of each year.
66)Requires the Board to assess fees for the application for and
the issuance and renewal of licenses to cover, but not exceed,
administrative and operating expenses of the Board related to
this chapter. The fees shall be fixed by the board in
regulations that are duly adopted under this bill.
67)Does not establish fee parameters for the following:
a) Application for licensure.
b) Law and ethics examination.
c) Issuance of a license.
d) Biennial renewal of a license.
68)Establishes the following fees:
a) The delinquency fee shall be 50 percent of the biennial
renewal fee.
b) The fee for rescoring an examination shall be twenty
dollars ($20).
c) The fee for issuance of a replacement license shall be
twenty dollars ($20).
d) The fee to change a name or address on the Board's
SB 479 (Bates) Page 23
of ?
records shall be twenty dollars ($20).
e) The fee for issuance of a certificate or letter of good
standing shall be twenty-five dollars ($25).
69)Exempts the following licensees from payment of renewal fees
in any one of the following instances:
a) While engaged in full-time active service in the Army,
Navy, Air Force, or Marines.
b) While in the United States Public Health Service.
c) While a volunteer in the Peace Corps or Vista.
70)Prohibits a person exempted from the payment of the renewal
from engaging in any private practice. Requires that the
licensee is 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.
71)States that the time spent in that full-time active service
or full-time training and active service shall not be included
in the computation of the three-year period for renewal of an
expired license.
72)States that the renewal fee exemption is not applicable if
the person engages in any practice for compensation other than
full-time service in the Army, Navy, Air Force or Marines or
in the United States Public Health Service or the Peace Corps
or Vista.
73)States that the licensing and regulatory program under this
chapter shall be supported from fees assessed to applicants
and licensees. Startup funds to implement this program shall
be derived, as a loan, from the reserve fund of the Board of
Psychology, subject to an appropriation by the Legislature in
the annual Budget Act. The Board shall not implement this Act
until funds have been appropriated.
SB 479 (Bates) Page 24
of ?
FISCAL
EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
1.Purpose. The California Association for Behavior Analysis is
the sponsor of this bill. According to the Author's office,
"This bill seeks to require licensure by the Board of
Psychology for persons engaging in the practice of behavior
analysis. The bill establishes educational and certification
requirements for licensure.
"California law does not provide for licensing of behavior
analysts. However, for purposes of health care service plan
and health insurance coverage, both the Knox-Keene Act and the
Insurance Code recognize behavior analysts that are certified
by a national entity, such as the nationally accredited
Behavior Analysis Certification Board (BACB), as qualified
health care providers.
"While existing law recognizes nationally certified behavior
analysts, it does not provide for their licensure. As a
result, the state has no authority to regulate the practice of
behavior analysis. Without licensing, the state does not have
the authority to protect consumers from unqualified
practitioners through direct regulation. In addition, because
current law recognizes behavior analysts as health care
providers, health plans must credential these providers for
the purpose of including them in provider networks. Licensing
these providers would improve and ease the credentialing
process, and make that process consistent with credentialing
of other health care providers."
2.Behavior Analysts. Behavior analysts focus on behaviors that
can be readily observed and measured. As researchers, they
conduct studies that measure specific influences, such as the
environment on behavior, or look for new ways to solve
behavior problems in specific audiences. Representative
clients include individuals with autism and other
developmental and intellectual disabilities, learning and
SB 479 (Bates) Page 25
of ?
communication difficulties, behavior disorders, brain
injuries, physical disabilities, difficulties associated with
aging, and typically developing individuals.
Behavior analysts often work for government agencies,
community centers, schools and hospitals where they help in
the treatment of various mental health issues, particularly
autism, brain injuries and developmental disabilities. They
may assist individuals in identifying their needs and
formulating treatment plans to manage problematic behaviors.
Behavior analysts also monitor the progress of the individuals
under their care and collaborate with family members or other
care providers to determine how to best address long-term
individual goals.
The Author's office reports that there are 2,198 practitioners
in California currently certified by the BACB.
3.Board of Psychology and the Behavior Analyst Certification
Board (BACB). BA and ABA licensees will be regulated by the
Board in conjunction with a certifying body, which for present
purposes is the BACB (there is currently no other national
certifying body). This bill requires the BACB to be
responsible for many responsibilities that would otherwise be
handled by a state regulatory body --this bill requires a
potential licensee to take curriculum approved by the BACB,
complete supervised experience approved by the BACB, adhere to
disciplinary and ethical standards established by the BACB,
and maintain an active status with the BACB, in addition to
licensure by the Board.
BACB is a nonprofit 501(c)(3) corporation established in 1998
and states that it adheres to international standards for
boards that grant professional credentials. BACB reports 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 has approved course sequences
at over 240 universities.
4.Need for Regulation. According to the Author's office, there
is significant research demonstrating that "early, intensive
behavior analysis treatment can produce moderate to large
improvements in the overall functioning of many young children
SB 479 (Bates) Page 26
of ?
with autism when that treatment is designed and supervised by
qualified professional BAs." BACB certifications are
currently recognized as qualifications for practicing behavior
analysis in the California Department of Developmental
Services regulations and in state special education law. At
present, however, there are no laws clearly requiring that
individuals document and demonstrate training and competence
as an ABA in order to practice in this state. As of 2014, 17
other states have adopted licensing, certification, or
registration requirements for practitioners of behavior
analysis.
a) Autism Advisory Task Force. SB 946 (Chapter 650,
Statutes 2011) required the California Department of
Managed Health Care (DMHC) to convene an Autism Advisory
Task Force (Task Force) to develop recommendations
regarding the education, training, and experience
requirements that unlicensed individuals providing
behavioral health treatment (BHT) must meet in order to
obtain licensure from the state.
The Task Force concluded that all top level BHT providers should
be licensed by the state, and set forth recommendations for
establishing a new professional license which are largely
consistent with this bill. The task force also stated that any
new license should be "intended to expand, not supplant, the
existing professional licenses discussed in the report."
The Task Force references the following current licensees who
may design, supervise, or provide treatment for autism, provided
the services are within the experience and competence of the
licensee: physician and surgeon, physical therapist,
occupational therapist, psychologist, marriage and family
therapist, educational psychologist, clinical social worker,
professional clinical counselor, speech language pathologist, or
audiologist.
b) Association of State and Provincial Psychology Boards.
The Association of State and Provincial Psychology Boards'
adopted position statements stating their assertion that
behavior analysis services should be state regulated in
order to ensure consumer protection and that such
regulation should occur under the psychology boards with a
defined scope of practice and title separate from that of
SB 479 (Bates) Page 27
of ?
psychologists.
5.Intersection with Other Current Licensees. This bill does not
include a grandfather clause that would allow current
practitioners to be fully licensed without meeting the bill's
requirements. Because the bill also does not make the
practice of behavioral analysis unlawful without a license
until 2018, this provides some opportunity for individuals to
acquire any necessary additional experience and/or education.
This bill exempts the following licensees from the BA and ABA
licensure requirements:
a) Licensed psychologist.
b) Occupational therapist.
c) Physical therapist.
d) Marriage and family therapist (MFT).
e) Educational psychologist.
There is potentially significant practice overlap with other
professions not specified in this bill, however. The Author
may wish to consider adding the professions referenced in the
Task Force, as well, and clarifying any potential scope
incursions.
6.Previous Legislation. AB 1205 (Berryhill) of 2011 would have
created licensure for behavior analysts by the Board of
Behavioral Sciences. ( Status . This bill was held in the
Assembly Appropriations Committee.)
SB 946 (Steinberg, Chapter 650, Statutes of 2011) requires
health care service plans and health insurers to provide
coverage for behavioral health treatment for pervasive
developmental disorder and autism (PDD/A) from July 1, 2012,
SB 479 (Bates) Page 28
of ?
through July 1, 2014, or earlier, as specified.
7.Arguments in Support. The sponsor of this bill, California
Association for Behavior Analysis writes in support, "SB 479's
licensure requirement would provide both the state of
California and its residents additional consumer protections
and recourse when there are concerns with the services
provided by behavior analysts and assistant behavior analysts.
At the same time, the bill would not preclude other licensed
professionals from providing behavior analysis services, if
such services are within their scope of practice."
Southern California Consortium for Behavior Analysis adds that
"ABA services have traditionally been provided by BCBAs [Board
Certified Behavior Analysts], however, many health plans
including Medi-Cal require contracted providers of ABA to be
licensed. Therefore, licensure for behavior analysts would
allow for providers to more easily contract with health plans
and provide medically necessary services for a vulnerable
population."
The Center for Learning and Autism Support Services, Inc. writes
in support of this measure in part because "there are far too
many licensed professionals in the State of California who are
practicing in this realm who lack the necessary qualifications
to provide appropriate services to individuals on the autism
spectrum."
The Center for Autism and Related Disorders writes in "support
if amended," stating the following concerns:
a) Board Membership - The stated goal of the Board is to
represent as widely as possible, the varied professional
interests of psychologists and behavior analysts in
California. However, the make-up of the board includes
five psychologists, one psychologist who is also a
certified behavior analyst, one behavior analyst, and two
members of the public. Unfortunately, very few people in
the state are both a licensed psychologist and certified
behavior analyst. Requiring one board member to be both
significantly limits the pool of candidates. It would be
more appropriate to delete that position and require two
certified behavior analysts.
SB 479 (Bates) Page 29
of ?
b) Certifying Entity - SB 479 defines a certifying entity
as a "Behavior Analyst Certification Board or its
successor, or a national organization with a behavior
analyst certification program approved by the Board and
accredited by the National Commission for Certifying
Agencies." While the BACB is currently the only certifying
board, this definition leaves room for future options if
another entity meets the standards. However, in several
areas the language of bill doesn't refer to the "certifying
entity" but instead ties the certification directly to the
BACB and uses terminology specific to the BACB. This
language should be deleted and replaced with the language
used in the definition of a certifying entity.
c) Ethics and Standards -SB 479 requires applicants to be
in compliance with all ethical and disciplinary standards
published by the certifying entity. CARD has concerns with
linking state licensure to an outside entity's disciplinary
standards which often involve issues that don't affect
treatment integrity and are proprietary concerns (such as
logo use). We understand and support the need to include
ethics and disciplinary standards and hope to work with
your office to establish these requirements.
The California Psychological Association expresses
"concern," and requests amendments relating to
collaboration, exemption from licensure and supervision,
dual licensure, and Board requirements.
8.Arguments in Opposition. The California
Speech-Language-Hearing Association opposes this bill unless
amendments are taken to clarify that "a license to practice
applied behavioral analysis is not a license to practice
speech-language pathology, and vice versa" and to affirm that
this bill "would neither limit nor infringe on the practice of
any other profession, nor would it prohibit them from
practicing ABA as long as it is within their scope of practice
and the bounds of their competence and training."
SUPPORT AND OPPOSITION:
Support:
SB 479 (Bates) Page 30
of ?
California Association for Behavior Analysis (Sponsor)
Behavior Frontiers
California Association of Private Special Education Schools
Center for Learning and Autism Support Services, Inc.
Clinic 4 Kidz
Southern California Consortium for Behavior Analysis
Southwest California Legislative Council
Numerous individuals
Support if Amended:
Center for Autism and Related Disorders
Concerns :
California Psychological Association
Opposition:
California Speech-Language-Hearing Association
-- END --