BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 479|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 479
Author: Bates (R)
Amended: 6/2/15
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 4/27/15
AYES: Hill, Bates, Block, Galgiani, Hernandez, Jackson,
Mendoza, Wieckowski
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Healing arts: behavior analysis: licensing
SOURCE: California Association for Behavior Analysis
DIGEST: This bill establishes the Behavior Analyst Act, to be
administered and enforced by an expanded Board of Psychology
(Board), with recommendations from the Behavior Analyst
Committee ("Committee").
ANALYSIS:
Existing law:
1)Establishes the Board to enforce and administer the Psychology
Licensing Law. (Business and Professions Code (BPC) §§ 2901
and 2920)
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2)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))
3)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.
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))
This bill:
1) Requires the Board to enforce the provisions of this bill.
2) Increases the size of the Board from nine to 11,
consisting of six professional members and five public
members.
3) Establishes the Behavior Analyst Act.
4) Defines the following terms:
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a) "Certifying entity" as the Behavior Analyst
Certification Board, Inc. (BACB) or its successor, or
another national credentialing organization with
behavior analyst certification programs 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.
5) States that protection of the public shall be the highest
priority for the Board in exercising its licensing,
regulatory, and disciplinary functions pursuant to this
bill.
6) Establishes the Committee to make recommendations to the
Board regarding the regulation of the practice of behavior
analysis.
7) 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 standards.
8) Establishes the requirements for behavior analysts (BA)
and assistant behavior analyst (ABA) licensure until July 1,
2018, and establishes further qualifications for licensure
after that date, which includes supervised experiential
training.
9) Makes it unlawful on and after July 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
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"licensed BA," or "licensed ABA" without being duly
licensed according to the provisions of this bill.
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.
10) Specifies that this bill does not apply to a psychologist,
a speech-language pathologist or an audiologist, an
occupational therapist, a physical therapist, a marriage and
family therapist, or an educational psychologist, a clinical
social worker, or a professional clinical counselor if the
behavior analysis engaged in by those licensees is 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.
11) 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.
12) 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.
13) 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, subject to an appropriation by the Legislature
in the annual Budget Act. The Board shall not implement
this Act until funds have been appropriated.
Background
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
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problems in specific audiences. Representative clients include
individuals with autism and other developmental and intellectual
disabilities, learning and communication difficulties, behavior
disorders, brain injuries, physical disabilities, difficulties
associated with aging, and typically developing individuals.
The Author's office reports that there are 2,198 practitioners
in California currently certified by the BACB.
Board of Psychology and the Behavior Analyst Certification Board
(BACB).
BA and ABA licensees will be regulated by the Board in
conjunction with a national certifying body, which for present
purposes is the BACB (there is currently no other national
certifying body).
BACB is a nonprofit 501(c)(3) corporation established in 1998
and reports that its certification procedures and content
undergo regular psychometric review and validation. The BACB
has approved course sequences at over 240 universities.
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
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.
State licensure for individuals providing behavioral health
treatment is supported by the California Department of Managed
Health Care's Autism Advisory Task Force, and the Association of
State and Provincial Psychology Boards.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
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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
Department of Developmental Services are anticipated.
SUPPORT: (Verified6/2/15)
California Association for Behavior Analysis
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
OPPOSITION: (Verified6/2/15)
California Speech-Language-Hearing Association
ARGUMENTS IN SUPPORT: The source of this bill, California
Association for Behavior Analysis, states that "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."
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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."
Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
6/2/15 15:37:38
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