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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          SUSPENSE FILE.  AS AMENDED.



          


          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 (as approved on May 28,  
          2015):  
           One-time costs of about $1.7 million and ongoing costs of  
            about $1 million per year to license and regulate behavior  
            analysts and assistant behavior analysts (Psychology Fund).  
            Those costs would ultimately be offset by licensing fees.

           No significant increase in costs to provide applied behavior  
            analysis services under the Medi-Cal program or through the  







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            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  
            action against licensees;
           Require the Board to asses fees on licensees to cover the  
            costs to issue licenses and enforce licensing requirements.










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          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.
          


          Author amendments (as adopted May 28, 2015): make changes to the  
          composition of the new Board and make several changes to the  
          licensing requirements.


          Committee amendments (as adopted May 28, 2015): clarify that the  
          Board can set licensing and other fees to cover its licensing  
          and enforcement costs and delete the caps on fees that can be  
          assessed by the Board.











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