BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 479 (Bates) - Healing arts: behavior analysis: licensing ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2015 |Policy Vote: B., P. & E.D. 8 - | | | 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 11, 2015 |Consultant: Brendan McCarthy | | | | ----------------------------------------------------------------- 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 SB 479 (Bates) Page 1 of ? 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. SB 479 (Bates) Page 2 of ? 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. SB 479 (Bates) Page 3 of ? -- END --