BILL ANALYSIS Ó
SB 479
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 479
(Bates) - As Amended August 17, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill establishes the Behavior Analyst Act (Act), which
provides for the licensure, registration, and regulation of
behavior analysts and assistant behavior analysts, and requires
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the California Board of Psychology (BOP), until January 1, 2021,
to administer and enforce the Act. Specifically, this bill:
1)States intent that BOP begin accepting applications for
behavior analyst licensure and assistant behavior analyst
licensure no later than January 1, 2018, provided necessary
funds have been appropriated.
2)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,
as specified,
3)Defines "licensed behavior analyst" (LBA) as a person licensed
under the Act to practice behavior analysis, and "licensed
assistant behavior analyst" (LABA) as a person licensed under
the Act to practice behavior analysis under the supervision of
an LBA.
4)Requires paraprofessional technicians practicing under the
supervision of an individual licensed under the Act to satisfy
specific requirements, including background checks, being at
least 18 years of age, and paying an application fee in an
amount not to exceed a reasonable regulatory cost, to be
determined by the board.
5)Vests the BOP, until January 1, 2021, with the power to
enforce the Act. Creates, until January 1, 2021, the Behavior
Analyst Committee within the jurisdiction of the BOP to make
recommendations to the BOP regarding the regulation of the
practice of behavior analysis.
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6)Establishes licensing provisions for LBAs and LABAs, including
licensure, renewal, enforcement, background checks, continuing
education, and related provisions.
7)Establishes revenue provisions:
a) Requires the board to establish fees in regulation for
the application for and the issuance and renewal of
licenses to cover, but not exceed, the reasonable
regulatory costs of the board.
b) Specifies fee revenues collected for this purpose are
credited to the Psychology Fund and such funds are
available upon appropriation, for the purposes of the Act.
c) Sets fee amounts for several smaller fee categories.
However, it does not specify licensure or renewal fees and
exempts certain categories of public service personnel from
renewal fees during active service.
d) Requires the licensing and regulatory program under this
chapter to be supported from fees assessed to applicants
and licensees. Requires startup funds to implement the Act
be derived, as a loan, from the Psychology Fund, subject to
a budget appropriation.
e) Specifies the board shall not implement licensure until
funds have been appropriated.
FISCAL EFFECT:
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1)Approximate fiscal impact to BOP of $1.6 million in 2016-17,
the first year of implementation, and about $1 million ongoing
(Psychology Fund). Higher initial costs relate to
promulgation of regulations, development of materials,
build-out of office space, and information technology changes
to add a licensure category.
2)Based on an assumption of 3,000 licensees and annual
population growth of 12%, initial application fees and exam
fees will likely be set around $550, and renewals will be set
around $650 per 2-year renewal cycle.
3)Unknown, likely minor if any, potential GF revenue, if penalty
authority contained in the bill is used to enforce the bill's
provisions.
COMMENTS:
1)Purpose. According to the author, a state mandate for health
plans and insurers to cover behavioral health treatment for
autism have substantially increased demand for applied
behavioral analysis (ABA) services. With the increased
demand, there is a greater need to regulate the BA 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. This bill will
ensure BA professionals are qualified and overseen by the
Board of Psychology, for whom consumer protection will be
paramount.
2)BA. According to the American Psychological Association,
behavior analysis is the study of behavior. The clinical
practice of behavior analysis, called ABA, applies
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interventions based upon the principles of learning theory to
improve socially significant behaviors to a meaningful degree.
Socially significant behaviors include reading, academics,
social skills, communication, and adaptive living skills like
motor skills, eating and food preparation, personal self-care,
domestic skills, home and community orientation, and work
skills. ABA often requires intensive treatments of more than
25 hours each week and costs about $50,000 each year.
3)BA practitioners. The Behavior Analyst Certification Board
(BACB) is a private non-profit that provides four types of
credentials: (1) board certified behavior analyst, (2) board
certified assistant behavior analyst, registered behavior
technicians (RBTs), and (3) doctoral-level BCBA. The BACB
requirements for the initial certification and renewal of
analysts and assistant analyst certifications are nearly
identical to the requirements for LBAs and LABAs under this
bill. 19 other states either license or certify ABA
practitioners.
State law recognizes "qualified autism service providers"
(QASPs) who are authorized to provide ABA services. QASPs
must be a specified licensed health care provider or a person,
entity, or group that is certified by a national entity such
as the BACB. "Qualified autism service professionals" can be
employed by QASPs and must be approved as a regional center
vendor by the Department of Developmental Services (DDS)
system, among other requirements.
4)Related Legislation. AB 796 (Nazarian), pending in the
Assembly Business and Professions Committee, expands the
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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.
5)Previous Legislation.
a) 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 behavioral health treatment (BHT), as
defined, for pervasive developmental disability or autism
spectrum disorders.
b) SB 126 (Steinberg), Chapter 680, Statutes of 2013,
extended the operation of the BHT mandate until January 1,
2017.
1)Concern. The Association of Regional Center Agencies (ARCA)
supports this bill in concept, but expresses concern that this
bill will further reduce access to ABA services by
constraining the professionals available to provide these
services. ARCA notes there is already a shortage of
providers.
2)Comments. Many fee types for other professional licensure
categories have caps in statute. Since it is a new licensure
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program, it is appropriate not to set a fee cap at this time.
However, the first sunset review in 2020 should critically
examine whether fees are set commensurate with workload.
Analysis Prepared by:Lisa Murawski / APPR. / (916)
319-2081