BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1282|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1282
Author: Steinberg (D)
Amended: 5/26/10
Vote: 21
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 5-3, 5/3/10
AYES: Negrete McLeod, Correa, Florez, Oropeza, Yee
NOES: Wyland, Aanestad, Walters
NO VOTE RECORDED: Calderon
SUBJECT : Applied behavior analysis
SOURCE : Author
DIGEST : This bill makes, until January 1, 2017, it an
unfair business practice for a person to use certain titles
or terms implying that he/she is certified as an applied
behavior analyst unless he/she holds a current
certification from a specified organization, or to state,
advertise, or represent that he/she is certified or
licensed by a governmental agency as an applied behavior
analyst, and subjects the bills provisions to the sunset
review process.
Senate Floor Amendments of 5/26/10 narrow the bill's
provisions to provide that it is an unfair business
practice for a person to use the title of "certified
applied behavior analyst" or any similar term without
holding a current certification from a specified national
certifying organization.
CONTINUED
SB 1282
Page
2
ANALYSIS :
Existing law
1. Licenses and regulates the practice of psychotherapy
preformed by marriage and family therapists (MFTs),
licensed educational psychologists (LEPs), and licensed
clinical social workers (LCSWs) by the Board of
Behavioral Sciences (BBS) within the Department of
Consumer Affairs (DCA). Beginning January 1, 2012, the
BBS will additionally license professional clinical
counselors (LPCCs).
2. Licenses and regulates various health care professions
including physicians and surgeons, psychologists,
speech-language pathologists, occupational therapists,
physical therapists by the various healing arts boards
within the DCA.
3. California law does not license, certify or specifically
regulate applied behavioral analysis services.
This bill:
1. Provides that "applied behavior analysis" includes the
following functions:
A. Designing, implementing, and evaluating
systematic instructional and environmental
modifications to produce social improvements in
the behavior of individuals or groups.
B. Applying the principles, methods, and
procedures of behavior analysis.
C. 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.
SB 1282
Page
3
D. Assessing functional relations between behavior
and environmental factors.
E. Using procedures based on scientific research
and the direct observation and measurement of
behavior and environment.
F. 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.
G. Excludes from the specified functions:
psychological testing, neuropsychology,
psychotherapy, sex therapy, psychoanalysis,
hypnotherapy, and long-term counseling.
H. Applies the definition regardless of the source
of payment or reimbursement.
2. Provides that it is an unfair business practice for any
person to advertise or represent to the public, that he
or she is certified, registered, or licensed by a
governmental agency as an applied behavior analyst.
3. Provides that it is an unfair business practice for any
person to hold himself or herself out or use the title
of "certified applied behavior analyst" or any other
term, such as "licensed," "registered," "CABA" or any
term 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 analyst and is
accredited by the National Commission on Certifying
Agencies.
4. Provides that nothing under this law shall be construed
to:
A. 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
SB 1282
Page
4
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. Require certification, licensure, recognition,
or authorization to provide applied behavior
analysis nor to add to or increase requirements for
providing applied behavior analysis.
5. Specifies that this bill shall not be construed to
prevent specified licensed professional from providing
applied behavior analysis when acting within the scope
of his/her license, formal training, experience, and
accepted standards of his/her profession.
6. Subjects the bills provisions to the "sunset review
process" conducted by the Joint Committee on Boards,
Commissions, and Consumer Protection (Joint
Committee), and accordingly sunsets these provisions
on January 1, 2017.
Background
Autism and Autism Spectrum Disorder (ASD) . Autism and ASDs
are neurodevelopment disorders that typically last
throughout a person's lifetime and may cause significant
impairments in language, communications, play and social
interactions, abnormalities in behaviors, and other
physical manifestations. ASDs represent the spectrum of
these disabilities and include Autistic Disorder (or
classic autism), Asperger Syndrome, Pervasive Developmental
Syndrome and others. ASD manifests itself in various ways,
including difficulty in using and understanding language;
poorly developed social skills; over- and-under sensitivity
SB 1282
Page
5
to sound, sight, taste, touch or smell; repetitive
behaviors; difficulty with changes in surroundings or
routines; and uneven skill development.
Increase of ASDs . According to the Centers for Disease
Control and Prevention (CDC), more children than ever
before are being classified as having ASDs. It is unclear,
however, how much of this increase may be attributed to
changes in identifying and classifying ASDs. The CDC
states, that by current standards ASDs are the second most
common serious developmental disability after mental
retardation/intellectual impairment, but still less common
than other conditions that affect children's development,
such as speech and language impairments, learning
disabilities, and attention deficit/hyperactivity disorder
(ADHD). According to data from the California Health
Interview Survey, it is estimated that more than 36,000
children age 3-11 had autism in 2005. The State Department
of Developmental Services (DDS) indicates that the
population of persons with autism in California's
developmental services system rose by 634 percent from 1987
and 2002, and nearly doubled in the four years from 1998 to
2002.
ASDs is the fastest growing serious developmental
disability and now impacts one out of every 150 children in
the United States; also, most school districts in
California have seen a doubling of students with ASDs in
the past five years.
Resources for Families with Autistic Children . Children
with autism are served by a number of government and
private entities: regional centers and the Department of
Developmental Services; schools, school districts, and the
Department of Education. Health care service plans and
insurers are required under mental health parity laws to
provide benefits on a par with physical illness, although
coverage of specific benefits and treatments has been
unclear. In addition, the California Center for Autism and
Developmental Disabilities Research and Epidemiology
(CADDRE), a government-provider partnership, conducts
surveillance and research on ASD, as well as creates
information on autism in multiple languages.
SB 1282
Page
6
Lanterman Act and Regional Centers . In the late 1960s and
'70s, the Lanterman Act established California's system of
care for persons with developmental disabilities, including
ASD, which consists of 21 regional centers and five state
developmental centers where people are assessed for
developmental disabilities and, if they qualify, are served
for life by a regional center. Children age three and
older may be served through this system.
A Senate Human Services Committee analysis of AB 1478 of
2006 (an autism-related measure) notes that, over the last
decade, overall regional center caseload has grown by 68.9
percent, as compared to the state's overall growth rate of
17.2 percent for a comparable period. The Department of
Developmental Service's Fact Book for 2005, indicates that
currently 15.1 percent of the regional center caseload is
described as autistic while only 5.3 percent were so
described a decade ago.
Early Start . Implemented by DDS and regional centers, in
collaboration with the Department of Education, local
education agencies, and other state agencies, the Early
Start program serves children under the age of three, who
may receive early intervention services if they have a
developmental delay in either cognitive, communication,
social or emotional, adaptive, or physical and motor
development, including vision and hearing, or have certain
risk conditions for these delays.
Under Early Start, eligible individuals may receive
screening and assessment; case management; family training,
counseling, and home visits; health, nutrition, nursing,
physical therapy, psychological, speech and language, and
transportation services, among other services.
Local Education Agencies . Children age three to 21 may
receive specialized instruction and related services
through local education agencies, through the development
of an individualized education program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/27/10)
SB 1282
Page
7
Alliance of California Autism Organizations (if amended)
Behavioral Intervention Association (if amended)
California for Applied Behavior Analysis (if amended)
Center for Autism and Related Disorders (if amended)
Sacramento Based ABC Schools (if amended)
OPPOSITION : (Verified 5/27/10)
American Assoc. of Marriage and Family Therapy, CA Div.
(prior version)
California Association of Health Plans (prior version)
California Psychological Association (prior version)
California Association of Marriage and Family Therapist
(prior version)
ARGUMENTS IN SUPPORT : According to the author's office,
"Currently there are no standards, criteria, or
professional requirements that indicate the level of
education, training, experience and other professional
factors that reflect on the background and qualifications
of individuals who currently provide ABA services.
Furthermore, the ABA profession lacks any form of
recognition or standing within the California Business and
Professions Code. During the past decade, there has been
increasing evidence that ABA therapy is an important and
valuable therapeutic intervention in the treatment of
medical conditions such as ASD. Consequently, there has
been an extensive increase in the practices of this
profession throughout California. However, consumers may
face significant difficulties and challenges in making an
informed decision with regard to these programs and
services. Specifically, some consumers may lack adequate
information by which they can choose an ABA provider and/or
ABA services in an informed manner. Consequently, in some
cases, these ABA programs may be designed, supervised,
and/or implemented by individuals who lack the appropriate
training and educational background. SB 1282 is an initial
step in providing professional standards and guidelines for
ABA services that will assist consumers in making more
informed decisions."
JJA:do 5/27/10 Senate Floor Analyses
SB 1282
Page
8
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****