BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 479


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          Date of Hearing:  July 7, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


                      SB 479(Bates) - As Amended June 30, 2015


          SENATE VOTE:  40-0


          SUBJECT:  Healing arts:  behavior analysis:  licensing


          SUMMARY:  Establishes the Behavior Analyst Act, which provides  
          for the licensure, registration, and regulation of behavior  
          analysts and assistant behavior analysts, and requires the  
          California Board of Psychology (BOP), until January 1, 2021, to  
          administer and enforce the act. 


          EXISTING LAW:


          1)Provides for the licensure, registration, and regulation of  
            psychologists and psychological assistants under the  
            Psychology Licensing Law.  (Business and Professions Code  
            (BPC) §§ 2900-2999)
          2)Establishes the BOP, which consists of nine members, five  
            professional and four public, requires the BOP to enforce and  
            administer the Psychology Licensing Law, repeals those  
            sections by January 1, 2017, and subjects the BOP to review by  
            the appropriate policy committees of the Legislature.  (BPC §§  
            2902, 2920)









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          3)Requires the professional board members to be a licensed  
            psychologist, prohibits the public members from being  
            licensees under any healing arts board, and requires each  
            member be a resident of the state.  (BPC § 2923)


          4)Requires the BOP to disclose information on the status of  
            every license issued its licensees, including psychologists,  
            psychological assistants, and registered psychologists.  (BPC  
            § 27)


          5)Requires every private health care service plan contract that  
            provides hospital, medical, or surgical coverage and every  
            private health insurance policy to provide coverage for  
            behavioral health treatment for pervasive developmental  
            disorder or autism, including applied behavior analysis (ABA).  
             (Health and Safety Code (HSC) § 1374.73, Insurance Code (IC)  
            § 10144.51)


          THIS BILL:


          6)Increases, on and after July 1, 2017, the number of members on  
            the BOP to 11, and increases the number of members for a  
            quorum to six members.  The members must meet the following  
            requirements:


             a)   Be a resident of the state;
             b)   Five members must be licensed psychologists;


             c)   One member must be qualified to practice behavior  
               analysis, as follows:










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               i)     For the first appointment after the operative date  
                 of the section, the member must hold a certificate as a  
                 certified behavior analyst from a certifying entity, as  
                 defined.
               ii)For subsequent appointments, the member must be licensed  
                 as a behavior analyst under the Act.


               iii)The public members must not be licensees of any healing  
                 arts board.


          7)Establishes general provisions of the Behavior Analyst Act  
            (Act):  
             a)   States that the Legislature finds and declares that the  
               practice of behavior analysis in California affects the  
               public health, safety, and welfare, and is subject to  
               regulation to protect the public from the unauthorized and  
               unqualified practice of behavior analysis, and  
               unprofessional, unethical, or harmful conduct by persons  
               licensed to practice behavior analysis.
             b)   States that it is also the intent of the Legislature  
               that the BOP begin accepting applications for behavior  
               analyst licensure and assistant behavior analyst licensure  
               no later than January 1, 2018, provided that the funds  
               necessary to implement this chapter have been appropriated  
               by the Legislature.


             c)   Defines "board" as the BOP.


             d)   Defines "certifying entity" as the Behavior Analyst  
               Certification Board (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 (NCCA).










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             e)   Defines "committee" as the Behavior Analyst Committee.


             f)   Defines "department" as the Department of Consumer  
               Affairs (DCA).


             g)   Defines "licensed assistant behavior analyst" (LABA) as  
               a person licensed under the Act to practice behavior  
               analysis under the supervision of a licensed behavior  
               analyst.


             h)   Defines "licensed behavior analyst" (LBA) as a person  
               licensed under the Act to practice behavior analysis.


             i)   Defines "paraprofessional technician" as an individual  
               who works directly with a client to implement applied  
               behavior analysis services under the direction and  
               supervision of a LBA or a LABA and has successfully  
               completed the application requirements under the Act.


             j)   Defines "practice of behavior analysis" or "to practice  
               behavior analysis" as the design, implementation, and  
               evaluation of instructional and environmental modifications  
               to produce socially significant improvements in human  
               behavior and includes:


               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; and










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               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.


             aa)Provides that the practice of behavior analysis does not  
               include psychological testing and assessment, diagnosis of  
               a mental or physical disorder, neuropsychology,  
               psychotherapy, cognitive therapy, sex therapy,  
               psychoanalysis, hypnotherapy, counseling, prescribing  
               drugs, performing surgery, or administering  
               electroconvulsive therapy.
             bb)States that the Legislature recognizes that the scopes of  
               practice of healing arts licensees regulated under this  
               division sometimes contain similar practices.  However, the  
               Act shall not be construed to allow a LBA or a LABA to  
               engage in those practices other than specific to their  
               scope of practice within behavior analysis as described  
               under the Act.  Any person practicing behavior analysis  
               under the Act who violates the prohibition is subject to  
               disciplinary action by both the BOP and the board  
               overseeing the relevant practice.


          8)Establishes the administration provisions of the Act:
             a)   Vests the BOP, until January 1, 2021, with the power to  
               enforce the Act. 
             b)   Provides that protection of the public shall be the  
               highest priority for the BOP in exercising its licensing,  
               regulatory, and disciplinary functions pursuant to the Act.  
               Whenever the protection of the public is inconsistent with  
               other interests sought to be promoted, the protection of  
               the public shall be paramount.


             c)   Requires the BOP to adopt, amend, and repeal regulations  
               to implement the requirements of the Act.  All regulations  








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               adopted by the BOP shall comply with the provisions of  
               Chapter 3.5 (commencing with Section 11340) of Part 1 of  
               Division 3 of Title 2 of the Government Code.


             d)   Requires the BOP to adopt a program of consumer and  
               professional education in matters relevant to the ethical  
               practice of behavior analysis.  The BOP must establish as  
               its standards of ethical conduct relating to the practice  
               of behavior analysis, the "Professional and Ethical  
               Compliance Code for Behavior Analysts" published by the  
               Behavior Analyst Certification Board (BACB).  The standards  
               must be applied by the BOP as the accepted standard of care  
               in all licensing examination development and in all board  
               enforcement policies and disciplinary case evaluations.


             e)   Authorizes the BOP to employ, subject to civil service  
               and other laws, employees as may be necessary to carry out  
               the provisions of this chapter under the direction of the  
               executive officer of the BOP.


             f)   Requires the BOP to post information in its website  
               regarding licensed behavior analysts and licensed assistant  
               behavior analysts, as specified.


             g)   Requires the BOP to conduct disciplinary hearings, as  
               specified.


             h)   Makes it unlawful, on and after July 1, 2018, to  
               practice behavior analysis without being licensed by the  
               BOP, except as specified.


             i)   Creates, until January 1, 2021, the Behavior Analyst  
               Committee within the jurisdiction of the BOP to make  








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               recommendations to the BOP regarding the regulation of the  
               practice of behavior analysis in the state in order to  
               protect the public from the unauthorized and unqualified  
               practice of ABA, and unprofessional, unethical, or harmful  
               conduct by persons licensed to practice behavior analysis.


             j)   The committee must consist of five members. Two members  
               must LBAs, one of which must also be a member of the BOP.   
               One member must be a psychologist licensed under BPC  
               Chapter 6.6 (commencing with § 2900) and who holds a  
               current certification from a certifying entity as a  
               behavior analyst.  One member must be a licensed assistant  
               behavior analyst.  One member must be a public member who  
               is a consumer of behavior analysis services and who is not  
               licensed under a healing arts board.


             aa)The Governor must appoint one LBA member, the licensed  
               psychologist member, and the LABA member.  The Senate  
               Committee on Rules must appoint the public member, and the  
               Speaker of the Assembly must appoint one LBA member.


             bb)The initially appointed members of the committee shall be  
               appointed as follows:


               i)     The initial members appointed by the Governor shall  
                 be as follows:
                  (1)One member must be currently certified by a  
                    certifying entity as a certified behavior analyst and  
                    shall serve an initial term of one year.
                  (2)One member must be currently certified by a  
                    certifying entity as a certified assistant behavior  
                    analyst and shall serve an initial term of two years.


                  (3)One member must be a licensed psychologist who is  








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                    currently certified by a certifying entity as a  
                    certified behavior analyst and shall serve an initial  
                    term of three years.


               ii)The initial member appointed by the Senate Committee on  
                 Rules shall serve a term of four years.
               iii)The initial member appointed by the Speaker of the  
                 Assembly shall be currently certified by a certifying  
                 entity as a certified behavior analyst and shall serve an  
                 initial term of four years.


             cc)Except as provided, each member of the committee will hold  
               office for a term of four years, and will serve until the  
               appointment of his or her successor or until one year has  
               elapsed since the expiration of the term for which the  
               member was appointed, whichever occurs first.  Vacancies  
               must be filled by the appointing power for the unexpired  
               portion of the terms in which they occur.  A member may not  
               serve for more than two consecutive terms.
             dd)Provides that all committee member terms begin on July 1  
               and expire on June 30.


             ee)Provides that each member of the committee will receive  
               per diem and expenses as provided in BPC §§ 103 and 113.


             ff)States that three members of the committee shall at all  
               times constitute a quorum.


             gg)Requires the committee to do all of the following:


               i)     Meet at least once per quarter.  All meetings of the  
                 committee shall be public meetings.  Notice of each  
                 regular meeting of the committee shall be given in  








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                 accordance with the Bagley-Keene Open Meeting Act  
                 (Article 9 (commencing with § 11120) of Chapter 1 of Part  
                 1 of Division 3 of Title 2 of the Government Code).
               ii)Call committee meetings at any time upon reasonable  
                 notice by a written request of two committee members to  
                 the chair.  Committee meetings may also be called upon  
                 reasonable notice at the discretion of the chair. 


               iii)Elect a chair and a vice chair from among its members  
                 at the first meeting held in each fiscal year.  The chair  
                 must preside at all meetings of the committee and must  
                 work with the executive officer of the BOP to coordinate  
                 the committee's business.  If the chair is unable to  
                 attend a meeting, the vice chair shall preside at the  
                 meeting.


             hh)Authorizes the committee may make recommendations to the  
               BOP regarding licensing and practice standards and the  
               adoption, amendment, and repeal of regulations to implement  
               the requirements of the Act including the setting of fees  
               and the establishment of disciplinary guidelines.
          9)Establishes the licensing provisions of the Act:
             a)   Requires each applicant for a license must meet the  
               BOP's regulatory requirements, including all of the  
               following:
               i)     The applicant has not committed acts or crimes  
                 constituting grounds for denial of licensure under BPC §  
                 480.
               ii)The BOP shall not issue a license or registration to any  
                 person who has 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 pursuant to § 290 of the Penal Code or the  
                 equivalent in another state or territory.


               iii)The applicant has successfully passed a state and  








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                 federal level criminal offender record information search  
                 conducted through the Department of Justice, as follows:


               iv)The BOP shall request from the Department of Justice  
                 subsequent arrest notification service, pursuant to §  
                 11105.2 of the Penal Code, for each person who submitted  
                 information pursuant to this subdivision.


               v)      The Department of Justice shall charge a fee  
                 sufficient to cover the cost of processing the request  
                 described in this section.


             b)   Requires, until July 1, 2018, in order to receive a  
               license as a behavior analyst, the following:
               i)     An individual must submit an application on a form  
                 approved by the BOP accompanied by the fees required by  
                 the BOP as specified in BPC § 2999.93.
               ii)The BOP must verify with the certifying entity that the  
                 applicant meets both of the following requirements:


                  (1)Has passed the Board Certified Behavior Analyst  
                    examination or an equivalent examination administered  
                    by the certifying entity.
                  (2)Maintains an active status as a certified behavior  
                    analyst with the certifying entity.


               iii)Each applicant must obtain a passing score on a  
                 California law and ethics examination administered by the  
                 BOP.
               iv)This requirement will remain in effect until January 1,  
                 2019, and as of that date is repealed.


             c)   Requires, after July 1, 2018, in order to obtain a  








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               license as a behavior analyst:
               i)     An individual must submit an application on a form  
                 approved by the BOP accompanied by the fees required by  
                 the BOP as specified in BPC § 2999.93.
               ii)An applicant must maintain active status as a certified  
                 behavior analyst in good standing with a certifying  
                 entity.  


               iii)The BOP must verify with the certifying entity that the  
                 applicant has passed the Board Certified Behavior Analyst  
                 Examination or an equivalent examination administered by  
                 the certifying entity.


               iv)Each applicant must obtain a passing score on a  
                 California law and ethics examination administered by the  
                 BOP.


               v)     The applicant must possess a master's degree or  
                 higher level of education from an institution, which  
                 meets the requirements described in BPC § 2999.35, that  
                 was conferred in behavior analysis, psychology, or  
                 education, or conferred in a degree program in which the  
                 applicant completed a behavior-analytic course sequence  
                 approved by the certifying entity.


               vi)The applicant must meet one of the following three  
                 requirements in order to be licensed under the Act:


                  (1)Complete both of the following degree requirements:
                    (a)Two hundred seventy hours of classroom  
                      graduate-level instruction in all of the following  
                      content areas:
                       (i)Ethical and professional conduct coursework  
                         consisting of 45 hours. The content must be  








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                         taught in one or more freestanding courses  
                         devoted to ethical and professional conduct of  
                         behavior analysts.
                       (ii)Concepts and principles of behavior analysis  
                         consisting of 45 hours.


                       (iii)Research methods in behavior analysis,  
                         consisting of 25 hours of measurement, including  
                         data analysis, and 20 hours of experimental  
                         design.


                       (iv)ABA, consisting of 45 hours of fundamental  
                         elements of behavior change and specific behavior  
                         change procedures, 30 hours of identification of  
                         the problem and assessment, 10 hours of  
                         intervention and behavior change considerations,  
                         10 hours of behavior change systems, and 10 hours  
                         of implementation, management, and supervision.


                       (v)Elective coursework in behavior analysis  
                         consisting of 30 hours.


                    (b)Supervised experiential training by any of the  
                      following:
                       (i)One thousand five hundred hours of independent  
                         field work in behavior analysis supervised in  
                         accordance with the requirements of the  
                         certifying entity.
                       (ii)One thousand hours of supervised practicum in  
                         behavior analysis within a university practicum  
                         approved by the certifying entity, taken for  
                         graduate academic credit, and completed with a  
                         passing grade.










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                       (iii)Seven hundred fifty hours of supervised  
                         intensive practicum in behavior analysis within a  
                         university practicum approved by the certifying  
                         entity, taken for graduate academic credit, and  
                         completed with a passing grade.


                       (iv)A combination of the supervised experience in  
                         clause (i), (ii), or (iii). Hours may be  
                         completed in any combination of the categories of  
                         supervised experience. Hours accrued through a  
                         combination of supervised experience shall be  
                         proportionately calculated.


                  (2)Meet all of the following teaching requirements:
                    (a)Have a faculty appointment of at least three years,  
                      cumulatively, of full-time work as a faculty member  
                      at a fully accredited higher education institution  
                      within a five-year period.
                    (b)Taught at least five sections or iterations of  
                      behavior analytic coursework.  An applicant must  
                      have taught at least two behavior analytic content  
                      areas, which are concepts and principles of  
                      behavior, single-subject research methods, applied  
                      behavior analysis, and ethics in behavior analysis,  
                      in separate courses. Each course taught shall have  
                      been exclusively or primarily devoted to behavior  
                      analytic content, and shall have been taught at the  
                      graduate level. An applicant shall submit proof of  
                      completion of the faculty appointment and teaching  
                      requirements from a department head, including the  
                      syllabus for each course taught, to the board.


                    (c)Published one article with all of the following  
                      characteristics:










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                       (i)Behavior analytic in nature.
                       (ii)Includes at least one experimental evaluation.
                             

                       (iii)Published in a high-quality, peer reviewed  
                         journal.


                       (iv)The applicant is the first, second, or  
                         corresponding author.


                       (v)The article may have been published at any time  
                         during the applicant's career.


                    (d)Obtained supervised experiential training by any of  
                      the following:
                       (i)One thousand five hundred hours of independent  
                         field work in behavior analysis supervised in  
                         accordance with the requirements of the  
                         certifying entity.
                       (ii)One thousand hours of supervised practicum in  
                         behavior analysis within a university practicum  
                         approved by the certifying entity, taken for  
                         graduate academic credit, and completed with a  
                         passing grade.


                       (iii)Seven hundred fifty hours of supervised  
                         intensive practicum in behavior analysis within a  
                         university practicum approved by the certifying  
                         entity, taken for graduate credit, and completed  
                         with a passing grade.


                       (iv)A combination of the supervised experience in  
                         clause (i), (ii), or (iii). Hours may be  
                         completed in any combination of the categories of  








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                         supervised experience. Hours accrued through a  
                         combination of supervised experience shall be  
                         proportionately calculated.


                  (3)Completed all of the following doctoral requirements:
                    (a)A doctoral degree in behavior analysis, psychology,  
                      or education from an accredited higher education  
                      institution.
                    (b)Ten years of postdoctoral experience practicing  
                      behavior analysis. The duration of practice shall be  
                      at least 10 years, cumulatively, of full-time  
                      practice. An applicant's practice shall have  
                      occurred under a relevant state professional  
                      credential or license.


                    (c) At least 500 hours of supplemental supervised  
                      experiential training that meets current experience  
                      standards of the certifying entity, commencing after  
                      the 10 years of postdoctoral experience required  
                      above.


             d)   Requires, until July 1, 2018, to obtain a license as an  
               assistant behavior analyst: 
               i)     An individual must submit an application on a form  
                 approved by the BOP accompanied by the fees required by  
                 the BOP as specified in BPC § 2999.93.
               ii)The BOP must verify with the certifying entity that the  
                 applicant meets all of the following requirements:


                  (1)Has passed the Board Certified Assistant Behavior  
                    Analyst examination or equivalent examination  
                    administered by the certifying entity.
                  (2) Maintains an active status as a certified assistant  
                    behavior analyst with the certifying entity.









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               iii) Each applicant must obtain a passing score on a  
                 California law and ethics examination administered by the  
                 BOP.
               iv)Each applicant must provide proof to the BOP of ongoing  
                 supervision by a LBA in a manner consistent with the  
                 certifying entity's requirements for supervision of  
                 assistant behavior analysts.


               v)     This requirement will remain in effect only until  
                 January 1, 2019, and as of that date is repealed.


             e)   Requires, after July 1, 2018, in order for an individual  
               to be licensed as an assistant behavior analyst:
               i)     The applicant must possess a baccalaureate degree or  
                 higher level of education from an institution that meets  
                 the requirements described in BPC § 2999.35.
               ii)The applicant must maintain active status as a certified  
                 behavior analyst in good standing with a certifying  
                 entity.  The BOP must verify with the certifying entity  
                 that the applicant has passed the Board Certified  
                 Behavior Analyst Examination or an equivalent examination  
                 administered by the certifying entity.


               iii)The applicant must obtain a passing score on a  
                 California law and ethics examination administered by the  
                 BOP.


               iv)The applicant shall provide proof to the BOP of ongoing  
                 supervision by a LBA in a manner consistent with the  
                 certifying entity's requirements for supervision of  
                 assistant behavior analysts.


               v)     The applicant must meet all of the following  








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                 requirements:


                  (1)Completed a baccalaureate degree or higher level of  
                    education from an institution that meets the  
                    requirements in Section 2999.35.
                  (2)An applicant shall meet both of the following:


                    (a)Completed 180 classroom hours of undergraduate or  
                      graduate level instruction in all of the following  
                      content areas:
                       (i)Ethical and professional conduct coursework of  
                         behavior analysis consisting of 15 hours.
                       (ii)Concepts and principles of behavior analysis  
                         consisting of 45 hours.


                       (iii)Research methods in behavior analysis,  
                         consisting of 10 hours of measurement, including  
                         data analysis, and five hours of experimental  
                         design.


                       (iv)ABA, consisting of 45 hours of fundamental  
                         elements of behavior change and specific behavior  
                         change procedures, 30 hours of identification of  
                         the problem and assessment, five hours of  
                         intervention and behavior change considerations,  
                         five hours of behavior change systems, and five  
                         hours of implementation, management, and  
                         supervision.


                       (v)Elective coursework in behavior analysis  
                         consisting of 15 hours.


                    (b)Obtained supervised experiential training by any of  








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                      the following:
                       (i)One thousand hours of independent field work in  
                         behavior analysis supervised in accordance with  
                         the requirements of the certifying entity, taken  
                         for academic credit, and completed with a passing  
                         grade.
                       (ii)Six hundred seventy hours of supervised  
                         practicum in behavior analysis within a  
                         university practicum approved by the certifying  
                         entity, taken for academic credit, and completed  
                         with a passing grade.


                       (iii)Five hundred hours of supervised intensive  
                         practicum in behavior analysis within a  
                         university practicum approved by the certifying  
                         entity, taken for academic credit, and completed  
                         with a passing grade.


                       (iv)A combination of the supervised experience in  
                         clause (i), (ii), or (iii). Hours may be  
                         completed in any combination of the categories of  
                         supervised experience. Hours accrued through a  
                         combination of supervised experience shall be  
                         proportionately calculated.


             f)   Provides that the education to obtain a behavior analyst  
               license or an assistant behavior analyst license be from  
               any of the following:
               i)     A United States institution of higher education  
                 listed by the Council for Higher Education Accreditation.
               ii)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.


               iii)An applicant for licensure trained in an educational  








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                 institution outside the United States or Canada shall  
                 demonstrate to the satisfaction of the BOP that the  
                 applicant possesses a degree in a relevant subject that  
                 is equivalent to a degree earned from a regionally  
                 accredited university in the United States or Canada. The  
                 applicant must provide to the BOP a comprehensive  
                 evaluation of the degree performed by a foreign  
                 credential service that is a member of the National  
                 Association of Credential Evaluation Services (NACES),  
                 and any other documentation that the BOP deems necessary.


             g)   Requires paraprofessional technicians practicing in this  
               state under the supervision of an individual licensed under  
               the Act to satisfy all of the following requirements:
               i)     Be at least eighteen years of age and possess a  
                 minimum of a high school diploma or its equivalent.
               ii)Submit an application on a form approved by the BOP.


               iii)Submit fingerprint images to the California Department  
                 of Justice for a state and federal criminal background  
                 report within fourteen days from the date of application.


               iv)Annually pay an application fee, in an amount not to  
                 exceed a reasonable regulatory cost, to be determined by  
                 the board.


               v)     The BOP may deny or revoke an application if it is  
                 determined to be in the best interest of public safety  
                 and welfare, as described in § 2999.21.


             h)   Makes it unlawful, on and after July 1, 2018, for any  
               person to engage in any of the following acts:
               i)     Engage in the practice of behavior analysis, as  
                 defined, without first having complied with the  








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                 provisions of this chapter and without holding a current,  
                 valid, and active license as required by the Act.
               ii)Use the title "licensed behavior analyst," or "licensed  
                 assistant behavior analyst" without being duly licensed  
                 according to the Act.


               iii)Use any title, words, letters, or abbreviations that  
                 may reasonably be confused with a designation provided by  
                 the Act to denote a standard of professional or  
                 occupational competence without being duly licensed.


               iv)Materially refuse to furnish the BOP information or  
                 records required or requested pursuant to the Act.


             i)   Excludes the following from the licensure requirements:
               i)     An individual licensed to practice psychology in  
                 this state under BPC Chapter 6.6 (commencing with Section  
                 2900), if the practice of behavior analysis engaged in by  
                 the licensed psychologist is within the licensed  
                 psychologist's training and competence.
               ii)A speech-language pathologist or an audiologist licensed  
                 under Chapter 5.3 (commencing with Section 2530), an  
                 occupational therapist licensed under Chapter 5.6  
                 (commencing with Section 2570), a physical therapist  
                 licensed under Chapter 5.7 (commencing with Section  
                 2600), a marriage and family therapist licensed under  
                 Chapter 13 (commencing with Section 4980), an educational  
                 psychologist licensed under Chapter 13.5 (commencing with  
                 Section 4989.10), a clinical social worker licensed under  
                 Chapter 14 (commencing with Section 4991), or a  
                 professional clinical counselor licensed under Chapter 16  
                 (commencing with Section 4999.10), if the services  
                 provided by any of those licensees are 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 behavior  








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                 analyst or licensed assistant behavior analyst.


               iii)A student or other individual pursuing supervised  
                 experiential training toward a license described in the  
                 Act, provided such training is conducted in accordance  
                 with the requirements of the Act.


               iv)A student, or post-graduate individual, pursuing  
                 supervised experience in behavior analysis toward a  
                 license.  The experience must be gained in accordance  
                 with the experience and supervision requirements of the  
                 respective healing arts licensure act for the license.


               v)     A parent or guardian of a recipient of behavior  
                 analysis services who acts under the extended authority  
                 and direction of a licensed behavior analyst or licensed  
                 assistant behavior analyst.


               vi)A matriculated college or university student who  
                 practices behavior analysis as a part of a defined  
                 program of study, course, practicum, internship, or  
                 postdoctoral trainee, provided that the behavior analysis  
                 activities are directly supervised by a licensed behavior  
                 analyst, a licensed psychologist, or by an instructor in  
                 a course sequence approved by the certifying entity.


               vii)An individual who teaches behavior analysis or conducts  
                 behavior analytic research, provided that the teaching or  
                 research does not involve the direct delivery of behavior  
                 analysis services.
                viii)A behavior analyst 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  








                                                                     SB 479


                                                                    Page  22





                  more than 90 days in a calendar year.
               ix)An individual who is vendorized by one or more regional  
                 centers of the State Department of Developmental Services  
                 while practicing behavior analysis services authorized  
                 under that vendorization.  The individual may not  
                 represent himself or herself as a LBA or LABA unless he  
                 or she holds a license under this chapter, and shall not  
                 offer behavior analysis services to any person or entity  
                 other than the regional centers with which he or she is  
                 vendorized or accept remuneration for providing behavior  
                 analysis services other than the remuneration received  
                 from those regional centers unless he or she holds a  
                 license under this chapter.
               x)     An individual employed by a local educational agency  
                 for the purpose of assisting students with behavioral and  
                 developmental issues when in classroom and other school  
                 settings.


             j)   Requires a licensee to give written notice to the BOP 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, must be submitted with the notice.
             aa)Establishes the following regarding license renewals:


               i)     A license will expire and become invalid two years  
                 after it is issued at 12 midnight on the last day of the  
                 month in which it was issued, if not renewed.
               ii)To renew an unexpired license, the licensee must, on or  
                 before the date on which it would otherwise expire, apply  
                 for renewal on a form provided by the BOP, accompanied by  
                 the renewal fee set by the BOP.  The licensee must  
                 include verification from the certifying entity that he  
                 or she maintains an active certification status with the  
                 renewal form.










                                                                     SB 479


                                                                    Page  23





               iii)To renew an assistant behavior analyst license, in  
                 addition to the above requirements, the licensee must  
                 submit proof of ongoing supervision by a LBA or a  
                 licensed psychologist who is qualified to practice  
                 behavior analysis in a manner consistent with the CBA's  
                 requirements for supervision of assistant behavior  
                 analysts.  A LABA must be supervised by a LBA for at  
                 least 2 percent of the hours of behavior analysis  
                 services the LABA provides per month.


               iv)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 BOP, payment of all  
                 accrued and unpaid renewal fees, and the delinquency fee  
                 specified in BPC § 2999.93.  The licensee must include  
                 verification from the certifying entity that the licensee  
                 maintains an active certification status with the renewal  
                 form.


               v)     Except as provided in BPC § 2999.46.5, 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.


               vi)A suspended license is subject to expiration and must be  
                 renewed as provided, but the 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.


               vii)A license revoked on disciplinary grounds is subject to  
                 expiration as provided, but it may not be renewed.  If it  
                 is reinstated after its expiration, the licensee, as a  








                                                                     SB 479


                                                                    Page  24





                 condition of reinstatement, must 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.


             bb)Establishes the following regarding continuing education  
               (CE):
               i)     The BOP may not issue any renewal license, a new  
                 license after expiration of an expired license, or a  
                 reinstatement license unless the applicant submits proof  
                 that the applicant has completed not less than 32 hours  
                 of approved CE in the preceding two-year licensure cycle  
                 for LBAs and 20 hours of approved CE in the preceding  
                 two-year licensure cycle for LABAs.
               ii)Each person renewing or reinstating his or her license  
                 or obtaining a new license after expiration of a prior  
                 license issued pursuant to the act must submit proof of  
                 compliance with the CE requirements to the BOP.


               iii)A person applying for renewal, a new license after  
                 expiration of a prior license, or reinstatement to an  
                 active license status must certify under penalty of  
                 perjury that the person is in compliance with the CE  
                 requirements.


               iv)The BOP may recognize CE courses that have been approved  
                 by one or more private nonprofit organizations that have  
                 at least 10 years' experience managing continuing  
                 education programs for behavior analysts.


               v)     The BOP may adopt regulations as necessary for  
                 implementation of this requirement.


          10)                        Establishes the enforcement  








                                                                     SB 479


                                                                    Page  25





            provisions of the Act:
             a)   Provides that the BOP may on its own, and shall, upon  
               the receipt of a complaint from any person, investigate the  
               actions of any licensee.  The BOP must 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.
             b)   Provides that a license issued under the Act 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.


             c)   Authorizes the BOP to deny a license application, issue  
               a license with terms and conditions, suspend or revoke a  
               license, or place a license on probation if the applicant  
               or licensee has been guilty of unprofessional conduct. 


             d)   Defines unprofessional conduct to include:


               i)     Conviction of a crime substantially related to the  
                 qualifications, functions, or duties of a LBA or a LABA.
               ii)Use of any controlled substance as defined in Division  
                 10 (commencing with Section 11000) of the Health and  
                 Safety Code, 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.


               iii)Fraudulently or neglectfully misrepresenting the type  
                 or status of a license actually held.








                                                                     SB 479


                                                                    Page  26







               iv)Impersonating another person holding a license or  
                 allowing another person to use his or her license.


               v)     Use of fraud or deception in applying for a license  
                 or in passing any examination required by this chapter.


               vi)Paying, offering to pay, accepting, or soliciting any  
                                                                         consideration, compensation, or remuneration, whether  
                 monetary or otherwise, for the referral of clients.


               vii)Violating Section 17500.


                viii)Willful, unauthorized communication of information  
                  received in professional confidence.
               ix)Violating any rule of professional conduct promulgated  
                 by the board and set forth in regulations duly adopted  
                 under this chapter.
               x)     Being grossly negligent in the practice of his or  
                 her profession.


               xi)Violating any of the provisions of the Act or  
                 regulations adopted by the BOP.


               xii)The aiding or abetting of any person to engage in the  
                 unlawful practice of behavior analysis.


                xiii)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  








                                                                     SB 479


                                                                    Page  27





                  that state or country to a person also holding a license  
                  issued under the Act if the act for which the  
                  disciplinary action was taken constitutes unprofessional  
                  conduct. A certified copy of the decision or judgment of  
                  the other state or country must be conclusive evidence  
                  of that action.
               xiv)The commission of any dishonest, corrupt, or fraudulent  
                 act.
               xv)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  
                 related to the qualifications, functions, or duties of a  
                 LBA or a LABA.
                xvi)Functioning outside of his or her particular field or  
                  fields of competence as established by his or her  
                  education, training, and experience.
                 xvii)Willful failure to submit, on behalf of an applicant  
                   for licensure, verification of supervised experience to  
                   the board.
                 xviii) Repeated acts of negligence.


                 xix)Failure to comply with all ethical and disciplinary  
                   standards published by the certifying entity.


             e)   Establishes the following enforcement procedures:
               i)     Defines "health care facility," for purposes of the  
                 enforcement rules, as a clinic or health facility  
                 licensed or exempt from licensure pursuant to Division 2  
                 (commencing with § 1200) of the Health and Safety Code.
               ii)Any accusation filed against a licensee pursuant to §  
                 11503 of the Government Code shall be filed within three  
                 years from the date the BOP discovers the alleged act or  
                 omission that is the basis for disciplinary action, or  
                 within seven years from the date the alleged act or  
                 omission that is the basis for disciplinary action  
                 occurred, whichever occurs first.
               iii)An accusation filed against a licensee pursuant to §  








                                                                     SB 479


                                                                    Page  28





                 11503 of the Government Code alleging the procurement of  
                 a license by fraud or misrepresentation is not subject to  
                 the limitations above.


               iv)The limitation provided for will 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 BOP pursuant to BPC Article 11 (commencing with  
                 § 800) of Chapter 1 is not filed in a timely fashion.


               v)     If an alleged act or omission involves a minor, the  
                 seven-year limitations period and the 10-year limitations  
                 period will be tolled until the minor reaches the age of  
                 majority.


               vi)An accusation filed against a licensee pursuant to §  
                 11503 of the Government Code alleging sexual misconduct  
                 shall be filed within three years after the BOP 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.


               vii)The limitations period provided above will be tolled  
                 during any period if material evidence necessary for  
                 prosecuting or determining whether a disciplinary action  
                 would be appropriate is unavailable to the BOP due to an  
                 ongoing criminal investigation.


               viii)Any proposed decision or decisions issued under the  
                 Act in accordance with the procedures set forth in  
                 Chapter 5 (commencing with § 11500) of Part 1 of Division  
                 3 of Title 2 of the Government Code that contains any  
                 finding of fact that the licensee engaged in any act of  








                                                                     SB 479


                                                                    Page  29





                 sexual contact, as defined in BPC § 728, when that act is  
                 with a patient, or with a former patient, within two  
                 years following termination of services, shall contain an  
                 order of revocation.  The revocation shall not be stayed  
                 by the administrative law judge.
             f)   Authorizes the BOP 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 provided in BPC § 2999.
             g)   Provides 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 LBA or LABA is  
               deemed to be a conviction.  The BOP may order the license  
               suspended or revoked, or may decline to issue a license  
               when the time for appeal has elapsed, the judgment of  
               conviction has been affirmed on appeal, or when an order  
               granting probation is made suspending the imposition of  
               sentence, irrespective of a subsequent order under § 1203.4  
               of the Penal Code allowing the person to withdraw his or  
               her plea of guilty and to enter a plea of not guilty, or  
               setting aside the verdict of guilty, or dismissing the  
               accusation, information, or indictment.


             h)   Provides that any person required to register as a sex  
               offender pursuant to § 290 of the Penal Code, is not  
               eligible for licensure by the BOP.


             i)   Defines 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.


             j)   Requires that the proceedings under the Act must be  
               conducted by the BOP in accordance with Chapter 5  








                                                                     SB 479


                                                                    Page  30





               (commencing with § 11500) of Part 1 of Division 3 of Title  
               2 of the Government Code.


             aa)Provides that a person who violates any of the provisions  
               of this chapter 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.


             bb)Provides that whenever any person has engaged, or is about  
               to engage, in any acts or practices that constitute, or  
               will constitute, an offense under the Act, 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 BOP, the Attorney General, or  
               the district attorney of the county.  The proceedings will  
               be governed by Chapter 3 (commencing with § 525) of Title 7  
               of Part 2 of the Code of Civil Procedure, except that it  
               will be presumed 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 BOP, or on its own motion, the BOP may  
               commence an action in the superior court.


             cc)Provides that a licensee who fails or refuses to comply  
               with a request for the medical records of a client, that is  
               accompanied by that client's written authorization for  
               release of those records to the BOP, within 15 days of  
               receiving the request and authorization, must pay to the  
               board a civil penalty of one thousand dollars ($1,000) per  
               day for each day that the documents have not been produced  
               after the 15th day, unless the licensee is unable to  
               provide the documents within this time period for good  
               cause.









                                                                     SB 479


                                                                    Page  31






             dd)Requires a health care facility to comply with a request  
               for the medical records of a client that is accompanied by  
               that client's written authorization for release of records  
               to the board together with a notice citing this section and  
               describing the penalties for failure to comply with this  
               section.  Failure to provide the authorizing client's  
               medical records to the CBA within 30 days of receiving the  
               request, authorization, and notice will subject the health  
               care facility to a civil penalty, payable to the BOP, of up  
               to one thousand dollars ($1,000) per day for each day that  
               the documents have not been produced after the 30th day, up  
               to ten thousand dollars ($10,000), unless the health care  
               facility is unable to provide the documents within this  
               time period for good cause.  This paragraph does not  
               require health care facilities to assist the BOP in  
               obtaining the client's authorization.  The BOP shall pay  
               the reasonable costs of copying the medical records.


             ee)A licensee who fails or refuses to comply with a court  
               order, issued in the enforcement of a subpoena, mandating  
               the release of records to the BOP shall:


               i)     Pay to the BOP a civil penalty of one thousand  
                 dollars ($1,000) per day for each day that the documents  
                 have not been produced after the date by which the court  
                 order requires the documents to be produced, unless it is  
                 determined that the order is unlawful or invalid.  Any  
                 statute of limitations applicable to the filing of an  
                 accusation by the board shall be tolled during the period  
                 the licensee is out of compliance with the court order  
                 and during any related appeals; and,
               ii)Be subject to a civil penalty, payable to the CBB, of  
                 not to exceed five thousand dollars ($5,000).  The amount  
                 of the penalty shall be added to the licensee's renewal  
                 fee if it is not paid by the next succeeding renewal  
                 date.  Any statute of limitations applicable to the  








                                                                     SB 479


                                                                    Page  32





                 filing of an accusation by the board shall be tolled  
                 during the period the licensee is out of compliance with  
                 the court order and during any related appeals.


               iii)Shall be a misdemeanor, if there are multiple  
                 violations, punishable by a fine not to exceed five  
                 thousand dollars ($5,000) or by imprisonment in a county  
                 jail not exceeding six months, or by both that fine and  
                 imprisonment.


             ff)A health care facility that fails or refuses to comply  
               with a court order, issued in the enforcement of a  
               subpoena, mandating the release of client records to the  
               BOP: 
               i)     Shall pay to the BOP, if accompanied by a notice  
                 citing this requirement and describing the penalties for  
                 failure to comply with this section, a civil penalty of  
                 up to one thousand dollars ($1,000) per day for each day  
                 that the documents have not been produced, up to ten  
                 thousand dollars ($10,000), after the date by which the  
                 court order requires the documents to be produced, unless  
                 it is determined that the order is unlawful or invalid.   
                 Any statute of limitations applicable to the filing of an  
                 accusation by the BOP against a licensee shall be tolled  
                 during the period the health care facility is out of  
                 compliance with the court order and during any related  
                 appeals.
               ii)Be subject to a civil penalty, payable to the board, of  
                 not to exceed five thousand dollars ($5,000).  Any  
                 statute of limitations applicable to the filing of an  
                 accusation by the BOP against a licensee shall be tolled  
                 during the period the health care facility is out of  
                 compliance with the court order and during any related  
                 appeals.


               iii)Shall be a misdemeanor, if there are multiple  








                                                                     SB 479


                                                                    Page  33





                 violations, punishable by a fine not to exceed five  
                 thousand dollars ($5,000) and will be reported to the  
                 State Department of Health Care Services and will be  
                 considered as grounds for disciplinary action with  
                 respect to licensure, including suspension or revocation  
                 of the license or certificate.


             gg)Provides that a failure or refusal of a licensee to comply  
               with a court order, issued in the enforcement of a  
               subpoena, mandating the release of records to the BOP  
               constitutes unprofessional conduct and is grounds for  
               license suspension or revocation.
             hh)Requires the imposition of the civil penalties be in  
               accordance with the Administrative Procedure Act (Chapter 5  
               (commencing with § 11500) of Part 1 of Division 3 of Title  
               2 of the Government Code).


          11)                        Establishes the revenue provisions of  
            the Act:
             a)   Requires the BOP to report each month to the Controller  
               the amount and source of all revenue received pursuant to  
               this chapter and at the same time deposit the entire amount  
               thereof in the State Treasury for credit to the Psychology  
               Fund established by BPC § 2980.
             b)   Requires the moneys credited to the Psychology Fund  
               under BPC § 2999.90, upon appropriation by the Legislature,  
               be used for the purposes of carrying out and enforcing the  
               provisions of this chapter.


             c)   Requires the BOP 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 shall so notify the  
               DCA no later than May 31 of each year.










                                                                     SB 479


                                                                    Page  34





             d)   Requires the BOP to establish fees for the application  
               for and the issuance and renewal of licenses to cover, but  
               not exceed, the reasonable regulatory costs of the BOP  
               related to administering the Act. The fees shall be fixed  
               by the BOP in regulations that are duly adopted under the  
               Act.  Fees assessed may not exceed the following:


               i)     The delinquency fee shall be 50 percent of the  
                 biennial renewal fee.
               ii)The fee for rescoring an examination shall be twenty  
                 dollars ($20).


               iii)The fee for issuance of a replacement license shall be  
                 twenty dollars ($20).


               iv)The fee for issuance of a certificate or letter of good  
                 standing shall be twenty-five dollars ($25).


             e)   Provides that a person licensed under the Act is exempt  
               from the payment of the renewal fee in any of the following  
               instances:
               i)     While engaged in full-time active service in the  
                 United States Army, Navy, Air Force, or Marine Corps.
               ii)While in the United States Public Health Service.


               iii)While a volunteer in the Peace Corps or AmeriCorps  
                 VISTA.


             f)   Provides that every person exempted from the payment of  
               the renewal fee may not engage in any private practice and  
               will become liable for the fee for the current renewal  
               period upon the completion of his or her period of  
               full-time active service and will have a period of 60 days  








                                                                     SB 479


                                                                    Page  35





               after becoming liable within which to pay the fee before  
               the delinquency fee becomes applicable.  Any person who  
               completes the 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.
             g)   Provides 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 specified in BPC § 2999.45.


             h)   Provides that the exemption provided are not applicable  
               if the person engages in any practice for compensation  
               other than full-time service in the United States Army,  
               Navy, Air Force, or Marine Corps, in the United States  
               Public Health Service, or the Peace Corps or AmeriCorps  
               VISTA.


             i)   Requires the licensing and regulatory program under the  
               Act to be supported from fees assessed to applicants and  
               licensees.  Startup funds to implement this program must be  
               derived, as a loan, from the Psychology Fund, subject to an  
               appropriation by the Legislature in the annual Budget Act.   
               The BOP may not implement the Act until funds have been  
               appropriated.


          12)                        States that no reimbursement is  
            required by this bill pursuant to § 6 of Article XIII       B  
            of the California Constitution because the only costs that may  
            be incurred by a local agency or school district will be  
            incurred because this act creates a new crime or infraction,  
            eliminates a crime or infraction, or changes the penalty for a  
            crime or infraction, within the meaning of § 17556 of the  
            Government Code, or changes the definition of a crime within  
            the meaning of § 6 of Article XIIIB of the California  
            Constitution.
          FISCAL EFFECT:  According to the Senate Appropriations  








                                                                     SB 479


                                                                    Page  36





          Committee, this bill will result in  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.  The costs would ultimately be offset by licensing  
          fees.  There will also be no significant increase in costs to  
          provide applied behavior analysis services under the Medi-Cal  
          program or through the Department of Developmental Services. 


          COMMENTS:


          Purpose.  This bill is sponsored by the  California Association  
          for Behavior Analysis  .  According to the author, "California law  
          mandates that health plans and health insurance policies cover  
          behavioral health treatment for autism.  This mandate has  
          substantially increased demand for [ABA] services.  With the  
          increased demand, there is a greater need to regulate the  
          behavior analysis profession, and to protect autistic children  
          and others who can benefit from [ABA] treatment from people who  
          falsely claim that they are qualified to practice behavior  
          analysis.  To protect the public from the unauthorized and  
          unqualified practice of behavior analysis, and from  
          unprofessional, unethical or harmful conduct by licensees, [this  
          bill] will create licensure for behavior analysts, with  
          regulation under the [BOP].


          While [ABA] can help various populations achieve improvements to  
          socially significant behaviors, it is most commonly recognized  
          for helping autistic children foster basic skills, such as  
          looking, listening and imitating, as well as develop and improve  
          complex skills, such as reading, conversing, and understanding  
          another person's perspective.  Research shows that early,  
          intensive [ABA] treatment can produce significant improvements  
          in the overall functioning of young children with autism, when  
          that treatment is designed and supervised by qualified  
          professional behavior analysts.  By contrast, studies have shown  
          that early 'behavioral' interventions by unqualified individuals  








                                                                     SB 479


                                                                    Page  37





          produced no improvements in young children with autism.  This  
          reinforces why it is important for qualified behavior analysts  
          to be distinguished from unqualified practitioners through  
          licensing and regulation."


          Background.  According to the American Psychological  
          Association, behavior analysis is the study of behavior.  The  
          clinical practice of behavior analysis, called ABA, applies  
          basic psychological principles of learning and association to  
          change the behavior of an individual.  For example, a behavior  
          analyst may train a child (conditioning) to respond to things in  
          the environment (stimuli) in a desirable way by offering praise  
          when the desirable behavior occurs (positive reinforcement). 


          In early psychology, behaviorism was an approach that sought to  
          find connections between environment and behavior.  Because  
          behaviorism was a bottom-up approach, it focused on observable  
          behaviors rather than the internal state of mind.   
          Behaviorism-driven research produced principles and behavioral  
          techniques that could be used to manage and modify behavior in  
          humans without addressing inner thoughts.  The application of  
          the research to the clinical setting led to the practice of  
          behavioral management and modification, or behavior therapy. 


          Modern psychology departed from the behavior-only model with the  
          social learning theory (social cognitive theory).  Social  
          learning theory combines behavior principles with principles of  
                                                      cognitive psychology (the science of mental thoughts).  As a  
          result, many modern psychological behavioral therapies often  
          incorporate a cognitive component.  For instance, one popular  
          form of psychotherapy is cognitive behavioral therapy (CBT), in  
          which a therapist attempts to solve a client's problem by  
          addressing both thought patterns and behaviors.  ABA, however,  
          remains focused on the behavior-only model and has become a  
          standalone profession.  









                                                                     SB 479


                                                                    Page  38






          Board Certification of Behavior Analysts.  ABA is a relatively  
          new profession, and there is only one certification board for  
          behavior analysts, the Behavior Analyst Certification Board  
          (BACB).  The BACB is a nonprofit 501(c)(3) corporation  
          established in 1998  that is accredited by the National  
          Commission for Certifying Agencies Accreditation (NCCA).  The  
          BACB provides certifications for professional behavior analysts  
          and approves school programs for behavior analysis.  Because the  
          BACB is currently the only NCCA accredited program that provides  
          behavior analysis certifications, this bill was crafted to  
          closely match the BACB's requirements.


          The BACB provides four types of credentials: (1) board certified  
          behavior analyst (BCBA); (2) board certified assistant behavior  
          analyst (BCaBA); (3) registered behavior technicians (RBTs); and  
          (4) the doctoral-level BCBA ( BCBA-D).  The BACB requirements  
          for the initial certification and renewal of BCBA and BCaBA  
          certifications are nearly identical to the requirements for LBAs  
          and LABAs under this bill. 


          The BACB requirements for RBTs are similar to the  
          paraprofessional technician, except that the BACB requires a  
          40-hour training program and a competency assessment, while this  
          bill does not.  The BCBA-D designation requires specific  
          requirements above the regular BCBA and would qualify for  
          licensure under this bill.  


          ABA and PDD/ASD.  As noted above, ABA is a relatively new  
          profession and its specific therapies have only recently gained  
          popularity.  Prior to SB 946 (Steinberg), Chapter 650, Statutes  
          of 2011, health plans in California were not required to provide  
          behavioral health treatments (BHTs) for pervasive developmental  
          disorders (PDD) or autism spectrum disorder (ASD).  










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          While behavioral health therapies were popular, they were often  
          not covered for PDD and ASD because they were considered  
          habilitative.  In contrast to rehabilitative services,  
          habilitative services aim to bring an individual's functioning  
          above what the individual's normal development provides.  As a  
          result, many plans did not consider them medically necessary.   
          This is salient because medical necessity is often required for  
          reimbursement.  Further, the efficacy of many BHTs for PDD and  
          ASD is difficult to prove, given the wide range of diagnoses,  
          settings, and therapies (See California Health Benefits Review  
          Program Analyses (CHBRP) for SB 126, SB 796, AB 2041).


          However, after SB 946 and the subsequent behavioral health  
          mandate bills passed, the use of BHTs such as ABA increased.  In  
          addition, last year the federal Centers for Medicare and  
          Medicaid Services (CMS) wrote that BHTs such as ABA-based  
          therapies are now covered under the Medicaid benefit for  
          children, Early and Periodic, Screening, Diagnosis, and  
          Treatment.  


          Consequently, health plans and providers were required to begin  
          implementing BHT providers, including low-level providers, to  
          provide coverage for the benefit.  Because some of the most  
          popular behavioral health treatments specific to PDD and ASD are  
          ABA-based, the utilization of BHT providers like BCBAs has  
          increased.  However, while ABA is often referred to as a  
          specific form of treatment, it is actually a discipline that  
          includes many behavioral therapies, such as:


          13)Discrete Trial Training-a style of teaching that uses a  
            series of trials to teach each step of a desired behavior or  
            response. Lessons are broken down into their simplest parts  
            and positive reinforcement is used to reward correct answers  
            and behaviors. Incorrect answers are ignored.
          14)Verbal Behavior-focuses on teaching language using a  
            sequenced curriculum that guides children from simple verbal  








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            behaviors (echoing) to more functional communication skills  
            through techniques such as errorless teaching and prompting.


          15)Pivotal Response Training-aims at identifying pivotal skills,  
            such as initiation and self-management, that affect a broad  
            range of behavioral responses.  This intervention incorporates  
            parent and family education aimed at providing skills that  
            enable the child to function in inclusive settings.


          Still, not all behavioral therapies are based on ABA, such as  
          DIR/Floortime.  Further, ABA's practice is not confined to the  
          treatment of PDD and ASD.


          Scope of Practice of Behavior Analysts.  While ABA is most  
          popular for PDD and ASD treatments, it is much broader.   
          According to the BACB, the application of ABA can be used in  
          "building the skills and achievements of children in school  
          settings; enhancing the development, abilities, and choices of  
          children and adults with different kinds of disabilities; and  
          augmenting the performance and satisfaction of employees in  
          organizations and businesses."


          However, because ABA principles are basic principles of learning  
          that can be utilized in many other fields and therapies, there  
          is significant overlap in other fields.  For instance, because  
          ABA sticks to the behavior-only model, it is often seen as a  
          field that is distinguishable from psychology.  Still, its basic  
          principles are built into many psychological approaches, such as  
          industrial-organizational (I/O) psychology and behavioral and  
          cognitive psychology-industrial organizational psychologists  
          specialize in behavior in the work place, and behavioral and  
          cognitive psychologists specialize in ABA, behavior therapy, and  
          cognitive therapy.  










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          As a result, in California, it is the unlicensed practice of  
          psychology to perform behavioral therapies without meeting the  
          requirements of the Psychology Licensing Law.  While many  
          providers that currently provide ABA-based behavioral  
          interventions are licensed psychologists, a BCBA that is not  
          licensed in psychology risks falling within the scope of  
          practice of psychology.  Therefore, this bill places the  
          regulation of behavior analysts under the BOP.


          Still, because there are many other types of behavior therapies,  
          there may be overlap in many other professions as well.  
          Therefore, this bill also provides a list of exemptions for  
          other professions, including:


          16)Speech-language pathologists or audiologists;
          17)Occupational therapists;


          18)Physical therapists; 


          19)Marriage and family therapists; 


          20)Educational psychologists; 


          21)Clinical social workers; and,


          22)Professional clinical counselors. 


          However, as noted above, there are other types of BHTs that are  
          not considered ABA.  Therefore, this bill may also  
          unintentionally impact other providers that provide BHTs, which  
          may not be licensed.








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          Need for Licensure.  The sponsors also note that as of March 18,  
          2014, there were 2,198 practitioners in California certified by  
          the [BACB], including 1779 BCBAs, 269 BCBA-Ds, and 150 BCaBAs.   
          It is unclear how many other uncertified providers there may be.  
           The U.S. Bureau of Labor Statistics does not currently track  
          behavior analysts or behavioral therapists as their own  
          profession.  They are currently tracked under the psychologist  
          categorization.


          According to the sponsor's sunrise report, "The availability of  
          additional funding for ABA services through SB 946, together  
          with increasing numbers of people receiving diagnoses of ASD and  
          other conditions for which ABA services have proved effective,  
          will further increase consumer demand for those services going  
          forward.  Without a statute and regulations formalizing minimum  
          standards for practicing ABA competently and establishing a body  
          within the state to oversee that practice, consumers will be at  
          increasing risk of harm from individuals making false claims to  
          be qualified to provide ABA services."  Further, ABA is a  
          practice rather than a specific treatment, the other aspects of  
          ABA-practice may be overlooked.


          However, under existing law, the BOP has the authority to  
          require ABA practitioners to become licensed as psychologists.   
          In the past, the BOP has pursued cases of unlicensed behavior  
          therapy.  In addition, because of the recent rise in the  
          practice of ABA services for PDD and ASD, the health industry  
          regulates many ABA practitioners through reimbursement rates and  
          plan-provider contracts.  


          Other States.  Currently 19 other states either license or  
          certify ABA practitioners.  In six states, they are regulated by  
          a psychology board (AZ, MO, ND, NV, OH, TN).  In seven states,  
          they are regulated under a behavior analysis board (AL, KY, LA,  








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          NY, OK, OR, RI). In the remainder of the states, they are either  
          issued direct licenses (AK, WI) or licensed under the behavioral  
          sciences board (KS), the allied mental health board (MA), or the  
          medical board (VA). 


          Current Related Legislation. AB 796 (Nazarian), of this  
          legislative session, expands the eligibility for a person to be  
          a qualified autism service professional to include a person who  
          possesses a bachelor of arts or science degree and meets other  
          specified requirements, a registered psychological assistant, a  
          registered psychologist, or an associate clinical social worker.  
           The bill also expands the eligibility for a person to be a  
          qualified autism service paraprofessional to include a person  
          with a high school diploma or equivalent and, among other  
          things, 6 months experience working with persons with  
          developmental disabilities.  STATUS: This bill was held in the  
          Assembly Business and Professions Committee.


          Prior Related Legislation.  SB 126 (Steinberg), Chapter 680,  
          Statutes of 2013, extended the operation of the BHT mandate  
          until January 1, 2017.


          AB 1205 (Berryhill) of 2011 would have provided for the  
          licensure and regulation of behavior analysts under the Board of  
          Behavioral Sciences.  NOTE: This bill was held in the Assembly  
          Appropriations Committee.


          AB 2041(Jones) of 2011 would have required that a regional  
          center classify a vendor as a behavior management consultant or  
          behavior management assistant if the vendor designs or  
          implements evidence-based behavioral health treatment, has a  
          specified amount of experience in designing or implementing that  
          treatment, and meets other licensure and education requirements.  
           NOTE: This bill was held in the Senate Appropriations  
          Committee.








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          SB 946 (Steinberg), Chapter 650, Statutes of 2011, among other  
          things, mandated health care service plan contracts and health  
          insurance policies, except as specified, to provide coverage for  
          BHT, as defined, for PDD or ASD. 


          ARGUMENTS IN SUPPORT: 


          The California Association for Behavior Analysis (sponsor)  
          writes in support, "Behavior analysts and assistant behavior  
          analysts who are certified by the national [BACB] provide the  
          vast majority of ABA services.  Though accredited and certified,  
          these professionals are not licensed or regulated by the state. 


          [This bill's] licensure requirement would provide both the state  
          of California and its resident's additional consumer protections  
          and recourse when there are concerns with the services provided  
          by behavior analysts and assistant behavior analysts.  At the  
          same time, this bill would not preclude other licensed  
          professionals from providing behavior analysis services." 


          ARGUMENTS IN OPPOSITION:


          None on file.


          POLICY ISSUES FOR CONSIDERATION:


          Regional Center Exemption.  This bill exempts individuals  
          vendorized through the regional centers from the licensure  
          requirements.  However, it is not clear that the regional  
          centers need to be excluded.  Therefore, the BOP requests that  








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          the exemption be deleted.  


          According to the BOP, "A key component of the consumer  
          protection mandate of the [BOP] is the jurisdiction the [BOP]  
          has over an individual's license to ensure minimal competency.   
          Exempting an entire category from licensure because of their  
          relationship to the regional centers potentially places a large  
          number of ABA practitioners beyond the [BOP's] jurisdiction and  
          does not ensure minimal competency of these individuals.  The  
          BOP is aware of concerns regarding access to care.  However, if  
          the legislature believes minimum standards of competency must be  
          obtained by an individual to provide ABA services to the public,  
          the threshold for such services should not be determined by  
          one's financial status or insurance.  Californians should be  
          confident that applied behavior analysis services are being  
          given by a trained, ethical individual free of criminal history.  
           Additionally, financially disadvantaged individuals should not  
          be deprived of the ability to pursue administrative action if  
          there is a deviation from the standard of care."


          While there may be concerns surrounding the continuity of care  
          for regional center clients, even if many providers vendorized  
          with the regional centers do not meet the requirements for  
          licensure, they can still register as a paraprofessional and  
          continue to practice under supervision of a licensed  
          professional.  According to the BOP, registration should not be  
          a financial burden.  The BOP has calculated that the  
          registration fees will come out to about fifty (50) dollars.


          Providers that cannot meet license requirements or are not being  
          supervised may not be qualified to provide for the regional  
          center clients.  Therefore, the Committee may wish to consider  
          whether, if behavior analysts should be licensed, vendorized  
          regional center providers should be exempted.










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          Therapist/Client Privilege.  While many other counselors and  
          therapists have a professional/client privilege, this bill does  
          not include a privilege clause for LBAs and LABAs (like  
          psychologists have in BPC § 2918).  Therefore, the BOP has  
          requested that a privilege clause is added.  


          The purpose of privilege is to protect client records and ensure  
          that patients are not deterred from being candid with their  
          therapist.  However, this is a new licensure scheme and a  
          relatively new profession.  Further, the nature of the  
          information disclosed to a licensee of this bill is different  
          from that disclosed to a mental health therapist as the  
          treatment is purely behavioral in nature.  In addition, client  
          records, which include confidential information such as  
          diagnoses, will still be protected by the privilege that  
          licensed psychologists are psychiatrists may exercise.  


          As a result, it is not clear that the nature of the information  
          shared between a licensee under this bill and a client merits a  
          privilege clause.  However, the Committee may wish consider  
          whether there should be a privilege clause for this new category  
          of licensure.


          Unintended Effect on Other BHT Providers.  Due to the fact that  
          so many licensed providers have asked for specific exclusions  
          from the licensure requirements for a LBA and LABA, this bill  
          may have an unintended consequence of negatively impacting other  
          types of BHT providers that may fall under the ABA scope of  
          practice, such as DIR/Floortime providers.  For example, the  
          legitimacy that licensure provides ABA providers may result in  
          unintentional discrimination against other BHT modalities as lay  
          persons may assume that ABA is a more effective treatment for  
          autism or other developmental disabilities versus other BHTs.


          AMENDMENTS:








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          LABA License Renewal Supervision.  Under BPC § 2999.44(c), this  
          bill allows a LABA to submit proof of ongoing supervision a LBA  
          or a licensed psychologist who is qualified to practice behavior  
          analysis when renewing a license.  However, it also requires  
          that a LABA be supervised by a LBA for at least two percent of  
          the hours of behavior-analytic services they provide per month.


          As written, this bill provides no clear distinction between a  
          LBA and a licensed psychologist that is qualified to practice  
          behavior analysis.  Under the current scheme, the psychology  
          scope of practice is much more broad.  Additionally,  
          psychologists are the provider that will make the initial  
          diagnosis.  Therefore, there is no reason to require a LABA to  
          be supervised by a LBA if they are already being supervised by a  
          qualified psychologist.


          While the two percent requirement may be consistent with the  
          BACB's requirements, it does not leave the door open for other  
          certifying entities in the future.  Further, LABAs are already  
          required to maintain active status with the certifying entity  
          (which also includes the BACB), so the requirement is redundant.


          Therefore, the author should amend the bill to strike the  
          requirement:


          On page 22, lines 33-36, strike out "  A licensed assistant  
          behavior analyst shall be supervised by a licensed behavior  
          analyst for at least 2 percent of the hours of behavior-analytic  
          services they provide per month.  " 


          Technical Amendments.  The author should make the following  
          conforming and clarifying technical amendments:  








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          23)The author should correct a typographical error:
          On page 17, line 30 insert:


           assistant 


           24)The author should amend the term "paraprofessional  
            technician" to "behavior analysis technician" for clarity:


          On page 9, line 1, strike out "  Paraprofessional technician  " and  
            insert:


           behavior analysis technician  


           On page 19, line 23, strike out "  Paraprofessional technician  "  
            and insert:


           behavior analysis technician  


           25)The author should amend the bill to replace the term  
            "behavior analytic" with "behavior analysis" when possible: 


          On page 14, line 24, strike out "  behavior-analytic  " and insert:


           behavior analysis


           On page 15, line 30, strike out "  analytic  " and insert:









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                                                                    Page  49






           analysis


           On page 15, line 32, strike out "  analytic  " and insert:


           analysis


           On page 15, line 36, strike out "  analytic  " and insert:


           analysis


           On page 21, line 29, strike out "  analytic  " and insert:


           analysis  


          26)The author should amend the bill to conform to recent  
            amendments regarding the supervision of LABAs and  
            paraprofessionals:


          On page 17, line 15, after "analyst" insert:


           or a licensed psychologist who is qualified to practice behavior  
            analysis


           On page 17, line 21, after "analyst" insert:


           or a licensed psychologist who is qualified to practice behavior  
            analysis  








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                                                                    Page  50







          On page 19, line 25, after "chapter" insert:


           or a licensed psychologist who is qualified to practice behavior  
            analysis  


          27)The author should amend the committee requirements to conform  
            to the amendments striking, for privacy reasons, the  
            requirement that a public member of the board be a consumer of  
            ABA services:


          On page 11, lines 14-15, strike out "  who is a consumer of  
            behavior analysis services and  "


          28)The author should amend the bill to conform to recent  
            amendments regarding BOP


               confirmation of licensure requirements:


          On page 13, line 34, strike out "  The board shall verify with the  
            certifying entity that the  " and insert:  


          An applicant shall include, with the application, verification  
            from the certifying entity that the 


           On page 14, strike out lines 13-17 and insert:  


            (b) An applicant shall include, with the application,  
            verification from the certifying entity that the   applicant  








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            meets both of the following requirements: 


          (1) Has passed the Board Certified Behavior Analyst examination  
            or an equivalent examination administered by the certifying  
            entity.


          (2) Maintains an active status as a certified behavior analyst  
            with the certifying entity.


           On page 17, line 5, strike out "  The board shall verify with the  
            certifying entity that the  " and insert: 


           An applicant shall include, with the application, verification  
            from the certifying entity that the


           On page 17, strike out lines 29-33 and insert:  


            (b) An applicant shall include, with the application,  
            verification from the certifying entity that the   applicant  
            meets both of the following requirements: 


          (1) Has passed the Board Certified Behavior Analyst examination  
            or an equivalent examination administered by the certifying  
            entity.


          (2) Maintains an active status as a certified assistant behavior  
            analyst with the certifying entity.


           29)The author should amend and consolidate the duplicative  
                                         student exemptions:








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          On page 21, strike out lines 1-13 and insert:


           (c) A student or other individual pursuing supervised experience  
            for any of the following:


          (1) Experiential training toward a license described in this  
            chapter in accordance with the requirements of this chapter.


          (2) Experience in behavior analysis toward a license described  
            in subdivision (a) or (b) in accordance with the requirements  
            of the respective licensure act in this division.


          (3) As a part of a defined program of study, course, practicum,  
            internship, or postdoctoral program, provided that the  
            behavior analysis activities are directly supervised by a  
            licensed behavior analyst, a licensed psychologist, or by an  
            instructor in a course sequence approved by a certifying  
            entity.


           On page 21, strike out lines 18-23


          30)Because "extended authority" is not clear, the author strike  
            it out and leave "direction": 


          On page 21, line 15, strike out "  extended authority and  "  


           31)To clarify that SLP assessments are not included in the LBA's  
            scope of practice, the author should make the following  
            amendment: 








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          On page 9, line 34, after "practices" insert:


           including, but not limited to, assessments,


           REGISTERED SUPPORT:  


          California Association for Behavior Analysis (sponsor)


          Behavior Intervention Association


          California Association of Private School Education Schools


          Center for Autism and Related Disorders


          Southern California Consortium for Behavior Analysis


          Seven individuals




          REGISTERED OPPOSITION: 


          None on file. 
          Analysis Prepared by:Vince Chee, and Le Ondra Clark Harvey,  
          Ph.D. / B. & P. / (916) 319-3301










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