BILL NUMBER: SB 1282 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2010
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. An act relating to health
care coverage.
LEGISLATIVE COUNSEL'S DIGEST
SB 1282, as amended, Steinberg. Applied behavior
analysis. Health care coverage.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975,
provides for the licensure and regulation of health care service
plans by the Department of Managed Health Care. Existing law provides
for the regulation of health insurers by the Department of
Insurance. Existing law requires health care service plan contracts
and health insurance policies to provide coverage for the diagnosis
and medically necessary treatment of severe mental illnesses,
including, but not limited to, pervasive developmental disorder or
autism, under the same terms and conditions applied to other medical
conditions, as specified.
This bill would state the intent of the Legislature to enact
legislation to provide clarification on the duties imposed upon
health care service plans and health insurers to inform consumers
about the coverage provided for the diagnosis and treatment of autism
and pervasive developmental disorders under the existing mental
health parity law.
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, until January 1, 2017, make it an unfair business
practice for a person to use certain titles or other terms implying
that he or she is certified as an applied behavior analyst unless he
or she 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 to
enact legislation to provide clarification on the duties imposed upon
health care service plans and health insurers to inform consumers
about the coverage provided for the diagnosis and treatment of autism
and pervasive developmental disorders under the existing mental
health parity law.
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 to individuals with medical conditions such as autism
spectrum disorder and other conditions that are responsive to applied
behavior analysis.
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
2529.50. For purposes of this chapter, "applied behavior analyst"
means a person who provides applied behavior analysis.
2529.51. (a) For purposes of this chapter, "applied behavior
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" 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.
2529.52. 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.
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 any other term, such as "licensed," "registered,"
or "CABA," that implies or suggests that the person is certified as
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.
2529.54. 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.
2529.55. (a) Nothing in this chapter shall be construed to
prevent applied behavior analysis 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 nor to add to or increase requirements for
providing 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.
2529.56. This chapter shall be subject to the review required by
Division 1.2 (commencing with Section 473).
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.