BILL NUMBER: SB 1282 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 26, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Steinberg
FEBRUARY 19, 2010
An act to add and repeal Chapter 5.2 (commencing with Section
2529.50) of Division 2 of the Business and Professions Code, relating
to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1282, as amended, Steinberg. Applied behavior analysis
services: California Behavioral Certification Organization.
analysis.
Existing law provides for the licensure and regulation of various
healing arts practitioners, including, but not limited to, marriage
and family therapists, clinical social workers, educational
psychologists, and professional clinical counselors, by the Board of
Behavioral Sciences in the Department of Consumer Affairs.
This bill would, commencing September 1, 2011, and
until January 1, 2017, provide for the
certification of specified applied behavior analysts and applied
behavior analyst assistants by a California Behavioral Certification
Organization, which would be a nonprofit organization meeting
specified requirements, and would impose certain duties on the
organization. The bill would require applicants for certification to
meet specified requirements, to pay fees required by the
organization, and to submit fingerprints to the organization for
purposes of obtaining background information, and would authorize the
organization to take certain disciplinary action against certificate
holders for specified reasons. The bill would make it an
unfair business practice for a person to state, advertise,
or represent that he or she is certified or licensed by a
governmental agency as an applied behavior analyst or an applied
behavior analyst assistant, or to use certain titles or
other terms implying that he or she is certified under these
provisions as an applied behavior analyst
unless he or she is so certified holds a
current certification from a specified organization, or to
state, advertise, or represent that he or she is certified or
licensed by a governmental agency as an applied behavior analyst
. The bill would make its provisions subject to review by the
Joint Committee on Boards, Commissions, and Consumer Protection.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in enacting this
act to provide state recognition of educated, trained, and
experienced individuals that provide applied behavior analysis
services to individuals with medical conditions
such as autism spectrum disorder and other conditions that are
responsive to applied behavior analysis. This act
recognizes those professionals practicing with existing licenses
issued by the state and those certified by nationally accredited
organizations, and is intended to create an additional pathway for
certification through the establishment of a private nonprofit
organization that will enable consumers to identify qualified
providers of applied behavior analysis services. These pathways for
recognition of qualified providers will ensure that providers have
completed sufficient training at approved institutions of higher
education and follow nationally recognized standards for recognition
of these professionals upon which consumers and those who pay for
applied behavior analysis services, including private entities,
governmental entities, nonprofit organizations, health care service
plans, or insurers, may rely.
SEC. 2. Chapter 5.2 (commencing with Section 2529.50) is added to
Division 2 of the Business and Professions Code, to read:
CHAPTER 5.2. APPLIED BEHAVIOR ANALYSIS SERVICES
2529.50. For purposes of this chapter, the following terms have
the following meanings:
(a) "Applicant" means a person who applies for certification
pursuant to this chapter.
(b) "Applied behavior analyst" means a person who provides applied
behavior analysis services and who may be certified by the CBCO.
(c) "Applied behavior analyst assistant" means a person who
provides applied behavior analysis services under the supervision of
an applied behavioral analyst and who may be certified by the CBCO.
(d) "ANSI" means the American National Standards Institute.
(e) "BACB" means the Behavior Analyst Certification Board.
(f) "CBCO" means the California Behavioral Certification
Organization established by this chapter.
(g) "NCCA" means the National Commission for Certifying Agencies.
2529.50. For purposes of this chapter, "applied behavior analyst"
means a person who provides applied behavior analysis.
2529.55. 2529.51. (a) For purposes
of this chapter, "applied behavior analysis services"
analysis" means any of the following functions:
(1) Designing, implementing, and evaluating systematic
instructional and environmental modifications to produce social
improvements in the behavior of individuals or groups.
(2) Applying the principles, methods, and procedures of behavior
analysis.
(3) Utilizing contextual factors and establishing operations,
antecedent stimuli, positive reinforcement, other consequences, and
other behavior analysis procedures to help people develop new
behaviors, increase or decrease existing behaviors, and emit
behaviors under specific environmental conditions.
(4) Assessing functional relations between behavior and
environmental factors, known as functional assessment and functional
analysis.
(5) Using procedures based on scientific research and the direct
observation and measurement of behavior and environment.
(6) Determining whether a nonlicensed or noncertified individual
shall be deemed as qualified to perform all of the functions under
this subdivision, subject to his or her supervision.
(b) "Applied behavior analysis services" do
analysis" does not include psychological testing,
neuropsychology, psychotherapy, sex therapy, psychoanalysis,
hypnotherapy, or long-term counseling.
(c) The definition in this section shall apply regardless of the
source of payment or reimbursement.
2529.6. (a) A California Behavioral Certification Organization
(SCBCO) shall be created as a nonprofit corporation exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code and
subdivision (d) of Section 23701 of the Revenue and Taxation Code.
The CBCO may commence activities as authorized by this chapter after
it has submitted a request to the Internal Revenue Service and the
Franchise Tax Board seeking that exemption.
(b) The CBCO shall have the responsibilities and duties as set
forth in this chapter and may take any reasonable actions to carry
out the responsibilities and duties set forth in this chapter,
including, but not limited to, hiring staff and entering into
contracts.
(c) (1) The CBCO shall be governed by a board of directors made up
of two representatives selected by each professional society,
association, or other entity whose membership is comprised of applied
behavior analysts, unless any of those entities choose not to
exercise this right of selection. To qualify, a professional society,
association, or other entity shall have a dues-paying membership in
California or on a national basis of at least 1,000 individuals for
the last three years, and shall have bylaws that require its
membership to comply with a code of ethics. The board of directors
shall also include additional persons as established by the bylaws of
the CBCO. Additional members of the board of directors may include
certified behavior analysts, consumers, and public members.
(2) The initial board of directors shall establish the CBCO,
initiate the request for tax-exempt status from the Internal Revenue
Service and the Franchise Tax Board, and solicit input from the
applied behavior analyst community concerning the operations of the
organization. The initial board of directors, in its discretion, may
immediately undertake to issue the certificates authorized by this
chapter after adopting the necessary bylaws or other rules, or may
establish by adoption of bylaws the permanent governing structure of
the CBCO prior to issuing certificates.
(d) The board of directors shall establish fees reasonably related
to the cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees shall be
established by the board of directors annually.
(e) The meetings of the CBCO shall be subject to the rules of the
Bagley-Keene Open Meetings Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code). Section 11130.7 of the Government Code shall not
apply to the CBCO board of directors.
2529.8. (a) The CBCO shall issue a certificate under this chapter
to an applicant who satisfies the requirements of this chapter.
(b) In order to obtain certification as an applied behavior
analyst, an applicant shall submit a written application, pay all
fees required by the CBCO, and provide the CBCO with satisfactory
evidence of either of the following:
(1) That he or she holds a current, valid certification in applied
behavior analysis from the BACB or another organization that is
accredited by the NCCA or ANSI whose mission is to meet professional
credentialing needs identified by behavior analysts, governments, and
consumers of applied behavior analysis services.
(2) That he or she meets all of the following requirements:
(A) Possesses a master's or doctorate degree in applied behavior
analysis or a related field.
(B) Demonstrates three years of experience in the last five years
of providing those functions specified in subdivision (a) of Section
2529.55 to individuals, either as an independent professional or as
an employee of an organization.
(c) In order to obtain certification as an applied behavior
analyst assistant, an applicant shall submit a written application,
pay all fees required by the CBCO, and provide the CBCO with
satisfactory evidence of either of the following:
(1) That he or she holds a current, valid certification as an
applied behavior analyst assistant from the BACB or another
organization that is accredited by the NCCA or ANSI whose mission is
to meet professional credentialing needs identified by behavior
analysts, governments, and consumers of applied behavior analysis
services.
(2) That he or she meets all of the following requirements:
(A) Possesses a bachelor's degree.
(B) Demonstrates three years of experience in the last five years
of providing those functions specified in subdivision (a) of Section
2529.55 to individuals, either as an independent professional or as
an employee of an organization.
(d) A certificate issued pursuant to this chapter shall be subject
to renewal every two years in a manner prescribed by the CBCO, and
shall expire unless renewed in that manner. The CBCO may provide for
late renewal of a certificate.
(e) For purposes of this section and any other provision of this
chapter for which the CBCO is authorized to receive factual
information as a condition of taking any action, the CBCO shall have
the authority to conduct oral interviews of the applicant and others
or to make any investigation deemed necessary to establish that the
information received is accurate and satisfies any criteria
established by this chapter.
(f) Individuals who have received certification pursuant to
subdivision (b) may maintain that certification only if they meet the
requirements established by the CBCO for compliance with continuing
education and ethical standards.
2529.9. The CBCO shall not issue certificates pursuant to this
chapter prior to September 1, 2011.
2529.10. (a) The CBCO shall establish a procedure consistent with
state law to obtain background information on each applicant.
(b) Prior to issuing a certificate to an applicant, the CBCO shall
require each applicant to submit fingerprint images to the CBCO for
purposes of obtaining background information on the applicant.
2529.11. (a) The CBCO may discipline a certificate holder or
registrant by any, or a combination, of the following methods:
(1) Placing the certificate holder or registrant on probation.
(2) Suspending the certificate or registration and the rights
conferred by this chapter on a certificate holder or registrant for a
period not to exceed one year.
(3) Revoking the certificate or registration.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the organization, as authorized by this
chapter or its bylaws, deems proper.
(b) The CBCO may issue an initial certificate or registration on
probation, with specific terms and conditions, to any applicant.
2529.12. It is a violation of this chapter for a certificate
holder to commit, and the CBCO may deny an application for a
certificate or discipline a certificate holder for, any of the
following:
(a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
a California health care professional licensing board. A certified
copy of the decision, order, or judgment shall be conclusive evidence
of these actions.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any rule or bylaw adopted
by the CBCO.
(d) Conviction of any felony, or conviction of a misdemeanor that
is substantially related to the qualifications or duties of a
certificate holder, in which event the record of the conviction shall
be conclusive evidence of the crime.
(e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for the
issuance of a certificate.
(f) Impersonating a certified applied behavior analyst or
certified applied behavior analyst assistant, or permitting or
allowing an uncertified person to use a certificate.
(g) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
(h) Committing any act punishable as a sexually related crime.
2529.13. (a) No certificate holder, registrant, or applicant may
be disciplined or denied a certificate or registration pursuant to
Section 2529.12 except according to procedures satisfying the
requirements of this section. A denial or discipline not in accord
with this section shall be void and without effect.
(b) Any applicant denial or discipline shall be done in good faith
and in a fair and reasonable manner. Any procedure that conforms to
the requirements of subdivision (c) is fair and reasonable, but a
court may also find other procedures to be fair and reasonable when
the full circumstances of the denial or discipline are considered.
(c) A procedure is fair and reasonable if all of the following
apply:
(1) The provisions of the procedure have been set forth in the
CBCO articles or bylaws, or copies of those provisions are sent
annually to certificate holders or registrants if required by the
articles or bylaws.
(2) It provides the giving of 15 days prior notice of the denial
or discipline and the reasons therefor.
(3) It provides an opportunity for the applicant or certificate
holder or registrant to be heard, orally or in writing, not less than
five days before the effective date of the denial or discipline by a
person or body authorized to decide that the proposed denial or
discipline not take place.
(d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the applicant or certificate holder or registrant
shown on the organization's records.
(e) Any action challenging a denial or discipline, including any
claim alleging defective notice, shall be commenced within one year
after the date of the denial or discipline. If the action is
successful, the court may order any relief, including reinstatement,
that it finds equitable under the circumstances.
(f) This section governs only the procedures for denial or
discipline and not the substantive grounds therefor. A denial or
discipline based upon substantive grounds that violates contractual
or other rights or is otherwise unlawful is not made valid by
compliance with this section.
(g) An applicant or certificate holder or registrant who is denied
or disciplined shall be liable for any charges incurred, services or
benefits actually rendered, dues, assessments, or fees incurred
before the denial or discipline or arising from contract or
otherwise.
2529.14. 2529.52. It is an unfair
business practice for a person to state or advertise or put out any
sign or card or other device, or to represent to the public through
any print or electronic media, that he or she is certified,
registered, or licensed by a governmental agency as an applied
behavior analyst or an applied behavior analyst assistant
.
2529.15. 2529.53. It is an unfair
business practice for any person to hold himself or herself out or to
use the title of "certified applied behavior analyst" or
"certified applied behavior analyst assistant" or any other
term, such as "licensed," "registered," "CABA," or "CABAA,"
or "CABA," that implies or suggests that the
person is certified as a applied behavior analyst or applied
behavior analyst assistant without having a certificate issued
pursuant to Section 2529.8. an applied behavior
analyst without holding a current certification from a national
organization that certifies applied behavior analysts and that is
accredited by the National Commission on Certifying Agencies.
2529.16. 2529.54. The superior
court in and for the county in which any person acts in violation of
the provisions of this chapter, may, upon a petition by any person,
issue an injunction or other appropriate order restraining the
conduct. The proceedings under this paragraph shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure.
2529.17. The CBCO shall make available to the public the current
status of certificate holders, including, but not limited to, whether
they are in good standing or their certificate has been suspended or
revoked and the details of any disciplinary action taken. The CBCO
shall maintain on its Internet Web site information updated annually
related to implementation of this chapter.
2529.18. 2529.55. (a) Nothing in
this chapter shall be construed to prevent applied
behavior analysis service providers who are
vendorized by one of the California Regional Centers or hold state
accredited nonpublic agency status from developing, providing, or
supervising applied behavior analysis consistent with the
requirements of their Regional Center vendorization or nonpublic
agency certification or accreditation, provided their practice of
applied behavior analysis is commensurate with their level
of training and experience, and they do not hold themselves out to
the public by any title or description stating or implying that they
are Certified Behavior Analysts, that they are "certified" to
practice applied behavior analysis if they are not in fact
certified, or that they are recognized or certified by the state to
practice applied behavior analysis.
(b) Nothing in this chapter shall be construed to require
certification, licensure, recognition, or authorization to provide
applied behavior analysis services nor to add to
or increase requirements for providing those services
applied behavior analysis .
(c) Nothing in this chapter shall be construed to prevent a
physician and surgeon, psychologist, clinical social worker, marriage
and family therapist, speech-language pathologist, occupational
therapist, physical therapist, or professional clinical counselor
from providing applied behavior analysis when acting within the scope
of his or her license, formal training, experience, and accepted
standards of his or her profession.
2529.19. 2529.56. This chapter
shall be subject to the review required by Division 1.2 (commencing
with Section 473).
2529.20. 2529.57. This chapter
shall remain in effect only until January 1, 2017, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2017, deletes or extends that date.