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
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          |Author:   |Bates                                                 |
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          |Version:  |April 6, 2015                                         |
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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: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  







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            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. 









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             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.









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             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  








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            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  








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            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,  








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            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.









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          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:









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             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.









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          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  








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                    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  








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            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.









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               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.









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             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  








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               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.








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          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  








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            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  
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          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  
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             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  
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            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  
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            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  
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          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  
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               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  
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          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  
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            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  
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            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  
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               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  
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            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  
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             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  
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          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 --