BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 479 (Bates) - Healing arts: behavior analysis: licensing
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|Version: April 6, 2015 |Policy Vote: B., P. & E.D. 8 - |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 11, 2015 |Consultant: Brendan McCarthy |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 479 would require the Board of Psychology to
license behavior analysts and assistant behavior analysts. The
bill would specify the education, training, licensure, and
disciplinary standards for licensees.
Fiscal
Impact:
Ongoing costs, likely in the low millions, to license and
regulate behavior analysts and assistant behavior analysts
(Psychology Fund). The exact cost to administer the licensing
and regulation requirements of the bill is not yet known.
Based on the costs for similar licensing requirements by
various boards and committees within the Department of
Consumer affairs, the costs to manage this program will likely
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be in the low millions per year. Licensing revenues are
expected to cover those costs.
No significant increase in costs to provide applied behavior
analysis services under the Medi-Cal program or through the
Department of Developmental Services are anticipated. (See
below).
Background: Under current practice, behavior analysts provide services to
children with autism spectrum disorders and their families.
Providers of such services are not specifically licensed by the
state, although those services may be provided by individuals
licensed in related fields such as psychology. Current law
defines "qualified autism service provider" and "qualified
autism service professional" in the context of health care
coverage. In addition, the Department of Developmental services
recognizes certain professions relating to behavior analysis, in
the context of authorizing those professions to provide services
to individuals with developmental disabilities.
Proposed Law:
SB 479 would require the Board of Psychology to license
behavior analysts and assistant behavior analysts. The bill
would specify the education, training, licensure, and
disciplinary standards for licensees.
Specific provisions of the bill would:
Require the Board of Psychology to enforce the licensure
provisions of the bill;
Establish a sunset date of January 1, 2021;
Create an advisory Behavior Analysis Committee under the
Board;
Define the criteria for licensure by the Board as a behavior
analyst or assistant behavior analyst, including education and
experience requirements, and certification by a specified
certification body;
After January 1, 2018, prohibit individuals from engaging in
the practice of behavior analysis without a license;
Exempt from the licensure requirements specified groups (such
as those with a related state license or those providing
services through a regional center under the Department of
Developmental Services);
Authorize the Board to investigate and take disciplinary
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action against licensees;
Require the Board to asses fees on licensees to cover the
costs to issue licenses and enforce licensing requirements.
Related
Legislation: AB 1205 (Berryhill, 2011) would have required
licensure of behavior analysts by the Board of Behavioral
Sciences. That bill was held on the Assembly Appropriations
Committee' Suspense File.
Staff
Comments: Applied behavior analysis is a covered benefit in the
state's Medi-Cal program and is offered to regional center
clients. By imposing licensing requirements on behavior analysts
and assistant behavior analysts, the bill may constrain the
supply of individuals who offer such services in the state.
Constraining the supply of practitioners could, in theory,
increase costs to the state to provide those services. However,
there are several provisions of the bill that will mitigate this
impact. The bill does not prohibit the practice of behavior
analysis without a license until 2018, which will allow some
individuals in the field to receive additional education or
training, as needed. The bill also exempts regional center
vendors from the licensing requirements. Finally, the
prohibition on providing behavior analysis would not apply to a
licensed psychologist, a licensed occupational therapist, a
licensed marriage and family therapist, a licensed educational
psychologist, or individuals working under the direction of one
of those licensed professionals or a licensed behavior analyst
or assistant behavior analyst. In combination, these provisions
will likely mitigate any reduction in the availability of
providers.
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