BILL NUMBER: AB 1205 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2011
INTRODUCED BY Assembly Member Bill Berryhill
FEBRUARY 18, 2011
An act to amend Sections 4990.02, 4990.12, 4990.18,
4990.30, and 4990.38 An act to amend Section 4990.18
of, and to add Chapter 5.2 (commencing with Section 2529.7.1)
to Division 2 of, the Business and Professions Code, relating to
healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1205, as amended, Bill Berryhill. Certified applied
Licensed behavior analysts.
Existing law provides for the licensure and regulation of various
healing arts professions and vocations, including, but not limited
to, marriage and family therapists, licensed educational
psychologists, social workers, and licensed professional clinical
counselors by the Board of Behavioral Sciences.
This bill would , commencing January 1, 2015, prohibit
a person from holding himself or herself out to be a
certified applied behavior analyst or a certified
an assistant applied behavior
analyst unless licensed by the Board of Behavioral Sciences. The
bill would require the board to issue a license to a person who meets
certain educational requirements and passes an examination
administered by the board, the Behavior Analyst Certification
Board, or another comparable accredited entity approved by the board,
as specified , and is certified by , the
Behavior Analyst Certification Board, a nonprofit corporation, or
another similar comparable accredited
entity approved by the board , as specified, and submits an
application and pays fees established by the board. The
bill would specify that a license shall expire no later than 24
months after its date of issue, as specified, and is subject to
renewal upon the completion of various requirements, including the
payment of a renewal fee and the completion of continuing education
hours . The bill would describe the services that may be
provided by a certified applied licensed
behavior analyst and a certified
licensed assistant applied behavior analyst,
subject to specified supervision. The bill would authorize the board
to regulate these licensees and to enforce these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.2 (commencing with Section 2529.7.1) is added
to Division 2 of the Business and Professions Code, to read:
CHAPTER 5.2. CERTIFIED APPLIED BEHAVIOR
ANALYSTS
Article 1. General Provisions
2529.7.1. (a) The Board of Behavioral
Sciences shall administer and enforce the provisions of this chapter.
For the purposes of this chapter, it shall be designated as the
board.
(b) Pursuant to Section 4990.20, the board may adopt regulations
to carry out the provisions of this chapter.
Article 2. Licensure and Regulation
2529.7.2. No person shall hold himself or herself out to be a
certified applied behavior analyst unless the
person is licensed by the board pursuant to this chapter.
2529.7.3. (a) The board shall issue a
certified applied behavior analyst license to an
applicant who meets all of the following requirements:
(a) An applicant for examination shall, at a minimum, meet the
following requirements:
(1) Possess Possesses a
baccalaureate and a master's degree that is relevant to the
field of behavior analysis, as determined by the board, from
any of the following:
(A) A United States or Canadian institution of higher education
fully or provisionally accredited by a regional, state, provincial,
or national accrediting body.
(B) An institution of higher education located outside the United
States or Canada that, at the time the applicant was enrolled and at
the time the applicant graduated, maintained a standard of training
equivalent to the standards of training of those institutions
accredited in the United States.
(2) Complete 225 classroom hours of related graduate level
instruction.
(3) Complete 1,500 hours of supervised independent fieldwork under
the supervision of a certified applied behavior analyst or
initially, until January 1, 2013, under the supervision of a person
who otherwise meets all of the requirements for certification.
(A) An applicant must be supervised at least 75 hours.
(2) Has completed no fewer than 225 classroom hours of related
graduate level instruction.
(3) Has completed no fewer than 1,500 hours of supervised
independent fieldwork under the supervision of a licensed behavior
analyst.
(A) An applicant shall have a minimum of 75 hours of direct
supervisor contact. For the purposes of this section, "direct
supervisor contact" means in-person and on an individual basis.
(B) Appropriate supervised independent fieldwork activities
include all of the following:
(i) Conducting assessment activities related to the need for
behavioral interventions.
(ii) Designing, implementing, and monitoring behavior analysis
programs for clients.
(iii) Overseeing the implementation of behavior analysis programs
by others.
(iv) Other activities normally performed by a behavior analyst
that are directly related to behavior analysis , such as,
but not limited to, attending planning meetings regarding the
behavior analysis program, researching the literature related to the
program, and talking to individuals about the program.
.
(b) An applicant for examination may, subject to approval by the
board, take the examination if the applicant can demonstrate the
equivalent completion of the requirements in subdivision (a).
(c) Has successfully passed an examination administered by the
Behavior Analyst Certification Board, a nonprofit corporation
pursuant to Section 501(c)(3) of the Internal Revenue Code, or
another similar entity approved by the board.
(d) Is certified by the Behavior Analyst Certification Board, a
nonprofit corporation pursuant to Section 501(c)(3) of the Internal
Revenue Code, or another similar entity approved by the board.
(4) Has successfully passed an examination administered by the
board, the Behavior Analyst Certification Board, or another
comparable entity approved by the board and accredited by the
National Commission for Certifying Agencies.
(5) Is certified by the Behavior Analyst Certification Board or
another comparable entity approved by the board and accredited by the
National Commission for Certifying Agencies.
(6) Pays fees described in Section 2529.7.7.
(b) None of the hours of experience described in subdivision (a)
may be accrued more than six years prior to the date the application
for licensure is filed.
2529.7.4. No person shall hold himself or herself out to be
a certified assistant applied an assistant
behavior analyst unless the person is licensed by the board
pursuant to this chapter.
2529.7.5. The board shall issue a certified assistant
applied an assistant behavior analyst license to
an applicant who meets all of the following requirements:
(a) An applicant for examination shall, at a minimum, meet the
following requirements:
(1) Possess a baccalaureate and a master's degree from any of
(a) Possesses at least a baccalaureate
degree from any of the following:
(A)
(1) A United States or Canadian institution of higher
education fully or provisionally accredited by a regional, state,
provincial, or national accrediting body.
(B)
(2) An institution of higher education located outside
the United States or Canada that, at the time the applicant was
enrolled and at the time the applicant graduated, maintained a
standard of training equivalent to the standards of training of those
institutions accredited in the United States.
(2) Complete 135 classroom hours of related instruction through
any of the following:
(b) Has completed no fewer than 135 classroom hours of related
instruction as required by the board, the Behavior Analyst
Certification Board, or another comparable entity approved by the
board and accredited by the National Commission for Certifying
Agencies through any of the following:
(A)
(1) College or university courses in behavior analysis,
that are taken from an institution that meets either of the
requirements described in paragraph (1) of subdivision (b)
subdivision (a) .
(B)
(2) Noncollege or university courses offered by an
educational institution and approved for this purpose.
(C)
(3) A combination of college or university courses.
(3) Complete 1,000 hours of supervised independent fieldwork under
the supervision of a certified applied behavior analyst or
initially, until January 1, 2013, under the supervision of a person
who otherwise meets all of the requirements for certification.
(A) An applicant must be supervised at least 50 hours.
(c) Has completed no fewer than 1,000 hours of supervised
independent fieldwork under the supervision of a licensed behavior
analyst.
(1) An applicant shall have a minimum of 50 hours direct
supervisor contact.
(B)
(2) Appropriate supervised independent fieldwork
activities include all of the following:
(i)
(A) Conducting assessment activities related to the
need for behavioral interventions.
(ii)
(B) Designing, implementing, and monitoring behavior
analysis programs for clients.
(iii)
(C) Overseeing the implementation of behavior analysis
programs by others individuals described in
paragraph (6) of subdivision (a) of Section 2529.7.6 .
(iv)
(D) Other activities normally performed by a behavior
analyst that are directly related to behavior analysis ,
such as, but not limited to, attending planning meetings regarding
the behavior analysis program, researching the literature related to
the program, and talking to individuals about the program.
.
(b) An applicant for examination may, subject to approval by the
board, take the examination if the applicant can demonstrate the
equivalent completion of the requirements in subdivision (a).
(c) Has successfully passed an examination administered by the
Behavior Analyst Certification Board, a nonprofit corporation
pursuant to Section 501(c)(3) of the Internal Revenue Code, or
another similar entity approved by the board.
(d) Is certified by the Behavior Analyst Certification Board, a
nonprofit corporation pursuant to Section 501(c)(3) of the Internal
Revenue Code, or another similar entity approved by the board.
(d) Has successfully passed an examination administered by the
board, the Behavior Analyst Certification Board, or another
comparable entity approved by the board and accredited by the
National Commission for Certifying Agencies.
(e) Is certified by the Behavior Analyst Certification Board or
another comparable entity approved by the board and accredited by the
National Commission for Certifying Agencies.
(f) Pays fees described in Section 2529.7.7.
2529.7.6. (a) A certified applied
licensed behavior analyst may provide all of the following
services:
(1) Design, implement, and evaluate systematic instructional and
environmental modifications to produce socially significant
improvements in human behavior of individuals or groups.
(2) Apply principles, methods, and procedures of operant and
responding learning.
(3) Utilize contextual factors, establishing operations,
antecedent stimuli, position reinforcement, and other consequences to
help people develop new behaviors, increase or decrease existing
behaviors, and emit behaviors under specific environmental
conditions.
(4) Assess functional relations between behavioral and
environmental factors.
(5) Apply interventions based on scientific research and the
direct observation and measurement of behavior and environment.
(6) Supervise unlicensed individuals who implement treatment plans
and interventions designed and maintained by the licensed behavior
analyst. This includes, but is not limited to, delivering procedures
and methods such as prompting, reinforcement, shaping, fading, and
differential reinforcement. The supervised unlicensed individuals may
also gather behavioral data that is used to evaluate the
effectiveness of the treatment plan.
(6)
(b) The practice of applied behavior
analysis excludes the practice of psychological testing,
neuropsychology, psychotherapy, cognitive therapy, sex therapy,
psychoanalysis, hypnotherapy, and long-term counseling.
(b) A certified applied
(c) A licensed assistant behavior
analyst may provide the services in subdivision (a) under the
supervision of a certified applied licensed
behavior analyst.
2529.7.7. The board shall establish application and license fees
in an amount sufficient to cover the reasonable regulatory costs of
carrying out the provisions of this chapter.
2529.7.8. The board shall not issue a license to a person who has
been convicted of a crime in this or any other state or in a
territory of the United States that involves sexual abuse of children
or who is required to register pursuant to Section 290 of the Penal
Code or the equivalent in another state or territory of the United
States.
2529.7.9. The board may refuse to issue a license to an applicant
if it appears he or she may be unable to practice safely due to
mental illness or chemical dependency. The procedures set forth in
Article 12.5 (commencing with Section 820) of Chapter 1 shall apply
to a denial of a license pursuant to this section.
2529.7.10. The board may deny an application for licensure or may
suspend the license of a licensee if the applicant or licensee is or
has been guilty of unprofessional conduct, as described in Section
4982.
2529.7.11. The board may place a license on probation.
2529.7.12. A license issued under this chapter shall expire no
later than 24 months after its date of issue. The expiration date of
the original license shall be set by the board.
Article 3. License Renewal
2529.7.13. To renew an unexpired license, the licensee shall, on
or before the expiration date of the license, take all of the
following actions:
(a) Apply for renewal on a form prescribed by the board.
(b) Pay a renewal fee to be determined by the board by regulation.
The renewal fee shall be in an amount sufficient to cover the
reasonable regulatory costs of carrying out the renewal provisions of
this chapter.
(c) Inform the board of whether he or she has been convicted, as
defined in Section 490, of any misdemeanor or felony and whether any
disciplinary action has been taken by a regulatory or licensing board
in this or any other state after the prior issuance or renewal of
his or her license.
(d) Maintain compliance with the requirements of Section 2529.7.3
if applying for renewal as a licensed behavior analyst and Section
2529.7.5 if applying for renewal as a licensed assistant behavior
analyst.
(e) Complete the continuing education requirements described in
Section 2529.7.17.
2529.7.14. A suspended license is subject to expiration as
provided in Section 2529.7.12 and may be renewed as provided in this
article.
2529.7.15. A revoked license is subject to expiration as provided
in Section 2529.7.12, but it shall not be renewed.
2529.7.16. A license that is not renewed within three years after
its date of expiration may not be renewed, restored, reinstated, or
reissued; however, the licensee may apply for and obtain a new
license if the following criteria are satisfied:
(a) No fact, circumstance, or condition exists that, if the
license were issued, would constitute grounds for its revocation or
suspension.
(b) He or she submits an application for examination eligibility
and the fee for that application.
(c) He or she takes and passes the current licensing examination.
(d) He or she submits the fee for initial license issuance.
2529.7.17. (a) Except as provided in subdivision (c), the board
shall not renew any license pursuant to this chapter unless the
licensee certifies to the board, on a form prescribed by the board,
that he or she has completed the following:
(1) For a licensed behavior analyst, no fewer than 36 hours of
continuing education.
(2) For a licensed assistant behavior analyst, no fewer than 24
hours of continuing education.
(b) The board shall have the right to audit the records of any
licensee to verify the completion of the applicable continuing
education requirement. Licensees shall maintain records of completion
of required continuing education coursework for a minimum of two
years and shall make these records available to the board for
auditing purposes upon request by the board.
(c) The board may establish exceptions from the continuing
education requirements for good cause, as defined by the board by
regulation.
(d) The continuing education shall be obtained from sources to be
determined by the board by regulation.
Article 4. Miscellaneous
2529.7.18. The board shall report each month to the Controller
the amount and source of all revenue received pursuant to this
chapter and at the same time pay the entire amount thereof into the
State Treasury for credit to the Behavioral Sciences Fund.
2529.7.19. Nothing in this chapter shall be construed to limit,
impair, or otherwise apply to the practice of any person licensed and
regulated under any other chapter of Division 2 (commencing with
Section 500).
Article 5. Operation
2529.7.25. This chapter shall become operative on January 1,
2015.
SEC. 2. Section 4990.02 of the Business and
Professions Code is amended to read:
4990.02. "Board," as used in this chapter, Chapter 5.2
(commencing with Section 2529.7.1), Chapter 13 (commencing with
Section 4980), Chapter 13.5 (commencing with Section 4989.10),
Chapter 14 (commencing with Section 4991), and Chapter 16 (commencing
with Section 4999.10) means the Board of Behavioral Sciences.
SEC. 3. Section 4990.12 of the Business and
Professions Code is amended to read:
4990.12. The duty of administering and enforcing this chapter,
Chapter 5.2 (commencing with Section 2529.7.1), Chapter 13
(commencing with Section 4980), Chapter 13.5 (commencing with Section
4989.10), Chapter 14 (commencing with Section 4991), and Chapter 16
(commencing with Section 4999.10) is vested in the board and the
executive officer subject to, and under the direction of, the board.
In the performance of this duty, the board and the executive officer
have all the powers and are subject to all the responsibilities
vested in, and imposed upon, the head of a department by Chapter 2
(commencing with Section 11150) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 4. SEC. 2. Section 4990.18 of
the Business and Professions Code is amended to read:
4990.18. It is the intent of the Legislature that the board
employ its resources for each and all of the following functions:
(a) The licensure of certified applied behavior analysts,
certified assistant applied behavior analysts, marriage
and family therapists, clinical social workers, professional clinical
counselors, and educational psychologists.
(b) The development and administration of licensure examinations
and examination procedures consistent with prevailing standards for
the validation and use of licensing and certification tests.
Examinations shall measure knowledge and abilities demonstrably
important to the safe, effective practice of the profession.
(c) Enforcement of laws designed to protect the public from
incompetent, unethical, or unprofessional practitioners.
(d) Consumer education.
(e) Commencing January 1, 2015, the licensure of behavior analysts
and assistant behavior analysts.
SEC. 5. Section 4990.30 of the Business and
Professions Code is amended to read:
4990.30. (a) A licensed marriage and family therapist, marriage
and family therapist intern, licensed clinical social worker,
associate clinical social worker, licensed professional clinical
counselor, professional clinical counselor intern, licensed
educational psychologist, certified applied behavior analyst, or
certified assistant applied behavior analyst whose license or
registration has been revoked, suspended, or placed on probation, may
petition the board for reinstatement or modification of the penalty,
including modification or termination of probation. The petition
shall be on a form provided by the board and shall state any facts
and information as may be required by the board including, but not
limited to, proof of compliance with the terms and conditions of the
underlying disciplinary order. The petition shall be verified by the
petitioner who shall file an original and sufficient copies of the
petition, together with any supporting documents, for the members of
the board, the administrative law judge, and the Attorney General.
(b) The licensee or registrant may file the petition on or after
the expiration of the following timeframes, each of which commences
on the effective date of the decision ordering the disciplinary
action or, if the order of the board, or any portion of it, is stayed
by the board itself or by the superior court, from the date the
disciplinary action is actually implemented in its entirety:
(1) Three years for reinstatement of a license or registration
that was revoked for unprofessional conduct, except that the board
may, in its sole discretion, specify in its revocation order that a
petition for reinstatement may be filed after two years.
(2) Two years for early termination of any probation period of
three years or more.
(3) One year for modification of a condition, reinstatement of a
license or registration revoked for mental or physical illness, or
termination of probation of less than three years.
(c) The petition may be heard by the board itself or the board may
assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code.
(d) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
(e) The petitioner and the Attorney General shall be given timely
notice by letter of the time and place of the hearing on the petition
and an opportunity to present both oral and documentary evidence and
argument to the board or the administrative law judge.
(f) The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition.
(g) The board, when it is hearing the petition itself, or an
administrative law judge sitting for the board, may consider all
activities of the petitioner since the disciplinary action was taken,
the offense for which the petitioner was disciplined, the petitioner'
s activities during the time his or her license or registration was
in good standing, and the petitioner's rehabilitative efforts,
general reputation for truth, and professional ability.
(h) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate but in no case may
the hearing on the petition be delayed more than 180 days from its
filing without the consent of the petitioner.
(i) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge, may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4990.40.
If a petition is heard by an administrative law judge sitting alone,
the administrative law judge shall prepare a proposed decision and
submit it to the board. The board may take action with respect to the
proposed decision and petition as it deems appropriate.
(j) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
(k) The board may delegate to its executive officer authority to
order investigation of the contents of the petition.
(l) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
(m) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.
SEC. 6. Section 4990.38 of the Business and
Professions Code is amended to read:
4990.38. The board may deny an application or may suspend or
revoke a license or registration issued under the chapters it
administers and enforces for any disciplinary action imposed by
another state or territory or possession of the United States, or by
a governmental agency on a license, certificate or registration to
practice marriage and family therapy, clinical social work,
educational psychology, professional clinical counseling, applied
behavior analysis, or any other healing art. The disciplinary action,
which may include denial
of licensure or revocation or suspension of the license or
imposition of restrictions on it, constitutes unprofessional conduct.
A certified copy of the disciplinary action decision or judgment
shall be conclusive evidence of that action.