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THE SENATE |
S.B. NO. |
2925 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE PRACTICE OF BEHAVIOR ANALYSIS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Behavior analysis means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, as well as the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help individuals develop new behaviors, increase or decrease existing behaviors, and display behaviors under specific environmental conditions.
Act 199, Session Laws of Hawaii 2015, established the behavior analyst program within the department of commerce and consumer affairs and established licensing requirements for behavior analysts. Licensing of behavior analysis services was made concurrent with mandated insurance coverage for diagnosis and treatment related to autism disorders.
Act 107, Session Laws of Hawaii 2016, temporarily exempted some practitioners from licensing requirements of the practice of behavior analysis, in particular, direct support workers who provide autism treatment services pursuant to an individualized education plan.
Many students enrolled in department of education schools would benefit from the expansion of behavior analysis services throughout Hawaii's public school system, including students with autism disorders.
Accordingly, the purpose of this Act is to:
(1) Clarify the licensing exemptions for certain individuals under certain conditions who provide behavior analysis services; and
(2) Require the department of education to create and implement a plan to provide potentially medicaid-billable applied behavior analysis services to all medicaid-eligible students diagnosed with autism spectrum disorder within the department.
SECTION 2. Section 465D-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter is not intended to restrict the practice of other licensed or credentialed 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;] An individual licensed in
the State who practices other professions and their supervisees; provided that
behavior analysis is in the scope of practice of the profession's licensure law
and the services provided are within the boundaries of the licensed
professional's education, training, and competence; provided further that the
individual does not purport to be a behavior analyst;
(2) An individual
licensed in the State who practices psychology and their supervisees including
individuals directly supervised by a licensed psychologist, such as: unlicensed
master's level practitioners, students, and postdoctoral fellows, who may
design behavior analysis services as well as train and supervise a
paraprofessional, direct support worker, or parent or guardian in implementing
an applied behavioral analysis intervention; provided that the supervision
falls within that licensed psychologist's scope of practice; provided that the
behavior analysis services provided are within the boundaries of the licensed
psychologist's education, training, and competence; provided further that the
individual does not purport to be a licensed behavior analyst;
[(2)] (3) An individual who implements or
designs applied behavior analysis services and possesses board certification as
an assistant behavior analyst from a nationally certifying agency or 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] national certifying agency under the
direction of a behavior analyst or psychologist licensed in this State;
[(3)] (4) Someone who is working as a classroom teacher
and is enrolled in a teacher preparation program working toward licensure, in a
school setting who implements and does not design behavior analysis services in
direct collaboration with a professional licensed to practice behavior analysis
in the State or who, in a school setting, implements and designs behavior
analysis services;
(5) An
individual who directly implements [applied] and does not design
behavior analysis services and:
(A) Is credentialed as
a [registered] behavior technician by a nationally recognized
organization or the Behavior Analyst Certification Board, and is under the
direction of a behavior analyst licensed in this State[;] or a
licensed psychologist;
(B) Is a direct
support worker in a school setting who [provides autism treatment
services pursuant to an individualized education plan] directly
implements a behavior analysis program under the supervision of a professional
licensed in this State to practice behavior analysis intervention or assessment
plans on or before January 1, 2019; [[]or[]
[](C)[] Is
a direct support worker who provides medicaid home and community-based services
pursuant to section 1915(c) of the Social Security Act on or before January 1,
2019;] Is an individual who works within the scope of practice or duties
of and is directly supervised by a licensed psychologist; provided that the
supervised individual shall not use the title of "licensed behavior
analyst";
provided
that for purposes of this paragraph, "direct support worker" means a
[teacher or] paraprofessional [who directly implements intervention
or assessment plans under supervision and does not design intervention or
assessment plans];
(6) An
individual who designs or implements behavior analysis services to participants
in the medicaid home and community-based service waiver program pursuant to
section 1915(c) of the Social Security Act on or before January 1, 2024;
[(4)] (7) A family member [or],
legal guardian, or caregiver implementing an applied behavior analysis
plan and who acts under the direction of a licensed behavior analyst or
licensed psychologist [licensed in this State]; provided that for
the purposes of this paragraph, "caregiver" means an individual who
provides habilitation services in an adult foster home, developmental disabilities
domiciliary home, adult residential care home, expanded adult residential care
home, special treatment facility, or therapeutic living program pursuant to the
medicaid home and community-based service waiver program;
[(5)] (8) 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)] (9) 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 or
psychologist licensed in this State or an instructor from a nationally
recognized training organization or in a Behavior Analyst Certification [Board-approved]
Board-verified course sequence; [[or]]
[(7)] (10) 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[.]; or
SECTION 3. (a) The department of education shall create an implementation plan for the delivery of potentially medicaid-billable applied behavior analysis to all medicaid-eligible students diagnosed with autism spectrum disorder within the department.
(b) The department of education shall submit an initial report to the legislature and board of education within ninety days of the effective date of this Act; provided that the initial report shall include clear objectives on staffing, data collection and analysis, reporting and accountability, and any other necessary points to effectuate the implementation plan pursuant to subsection (a).
(c) After the submission of the initial report to the legislature and board of education pursuant to subsection (b), the department of education shall submit quarterly reports to the legislature and board of education; provided that the quarterly reports shall include the following:
(1) The number of students IDEA-eligible with autism spectrum disorder;
(2) The number of students requiring applied behavior analysis;
(3) Staffing updates and needs;
(4) Medicaid reimbursement schedules and amounts;
(5) Licensure updates; and
(6) Any other information pertinent to the implementation of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Practice of Behavior Analysis; Exemptions; Department of Education; Applied Behavior Analysis; Implementation Plan; Reporting
Description:
Clarifies the licensing exemptions for certain individuals under certain conditions who provide behavior analysis services. Requires the Department of Education to create and implement a plan to provide Medicaid billable applied behavior analysis services to all students diagnosed with autism spectrum disorder within the Department. Establishes reporting requirements. (SB2925 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.