Bill Text: HI SB1311 | 2016 | Regular Session | Amended
Bill Title: Licensed Behavior Analyst; Practitioner; Direct Support Worker; Psychologist; Healthcare Professional
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-06-23 - Act 107, 06/22/2016 (Gov. Msg. No. 1208). [SB1311 Detail]
Download: Hawaii-2016-SB1311-Amended.html
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THE SENATE |
S.B. NO. |
1311 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 465D-7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§465D-7[]]
Exemptions. (a) This chapter is not intended to restrict the practice of
other licensed or credentialed healthcare practitioners practicing within their
own recognized scopes of practice and shall not apply to:
(1) An individual working within the scope of practice or duties of another licensed profession that overlaps with the practice of behavior analysis; provided that the person does not purport to be a behavior analyst;
(2) An individual who implements or designs applied behavior analysis services and possesses board certification as an assistant behavior analyst by the Behavior Analyst Certification Board and who practices in accordance with the most recent supervisory and ethical requirements adopted by the Behavior Analyst Certification Board under the direction of a behavior analyst licensed in this State;
(3) An individual who directly implements applied behavior analysis services, is credentialed as a registered behavior technician by the Behavior Analyst Certification Board, and is under the direction of a behavior analyst licensed in this State;
(4) A family member implementing an applied behavior analysis plan within the home who acts under the direction of a behavior analyst licensed in this State;
(5) An individual who engages in the practice of behavior analysis with nonhuman or nonpatient clients or consumers including but not limited to applied animal behaviorists and practitioners of organizational behavior management;
(6) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum; provided that the student's or fellow's activities or practice is directly supervised by a behavior analyst licensed in this State or an instructor in a Behavior Analyst Certification Board-approved course sequence; or
(7) An individual pursuing experience in behavior analysis consistent with the Behavior Analyst Certification Board's experience requirements; provided that the experience is supervised by a behavior analyst licensed in this State.
(b) Nothing in this chapter shall be construed to prevent any licensed psychologist from engaging in the practice of behavior analysis in this State as long as the person is not in any manner held out to the public as a "licensed behavior analyst" or "behavior analyst" and the behavior analysis services provided by the licensed psychologist are within the licensed psychologist's recognized scope of practice.
(c) Nothing in this chapter shall be construed to require an individual of another school-based profession such as a school psychologist, teacher, educational assistant, occupational therapist, school social worker, guidance counselor, speech-language pathologist, or audiologist, to be licensed as a behavior analyst; provided that no such individual shall use any title or description stating or implying that the individual is a "licensed behavior analyst" or "behavior analyst" without holding a license pursuant to this chapter."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Licensed Behavior Analyst; School-based Professionals
Description:
Allows an individual of a school-based profession to engage in the practice of behavior analysis without being licensed as a behavior analyst; provided the unlicensed individual does not use any title or description to state or imply that the individual is a licensed behavior analyst. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
