Bill Text: HI SB341 | 2019 | Regular Session | Amended


Bill Title: Related To The Practice Of Behavior Analysis.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed) 2019-04-18 - Received notice of Senate conferees (Sen. Com. No. 918). [SB341 Detail]

Download: Hawaii-2019-SB341-Amended.html

THE SENATE

S.B. NO.

341

THIRTIETH LEGISLATURE, 2019

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATED TO THE PRACTICE OF BEHAVIOR ANALYSIS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  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)  A licensed psychologist and any supervisee of the licensed psychologist; provided that applied behavior analysis services performed are within the boundaries of the licensed psychologist's education, training, and competence; provided further that neither the licensed psychologist nor any supervisee of the licensed psychologist purports to be a licensed behavior analyst; and provided further that master's level practitioners and postdoctoral fellows may provide training and supervision to direct support workers, paraprofessionals, caregivers, parents, and guardians in a manner and to the extent determined by the supervising licensed psychologist.

               For purposes of this paragraph, "supervisee" means a master's level practitioner, postdoctoral fellow, direct support worker, paraprofessional, caregiver, parent, or guardian who provides applied behavior analysis services;

     (2)  A licensed [classroom] general education teacher or an individual who is working as a [classroom] general education teacher and is enrolled in a state-approved teacher [preparation] education program working towards licensure who implements but does not design or monitor applied behavior analysis services in a school setting in direct collaboration with a licensed behavior analyst or a licensed psychologist [on or before July 1, 2019];

     (3)  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 licensed behavior analyst;

     (4)  An individual who directly implements applied behavior analysis services and:

          (A)  Is credentialed as a registered behavior technician by the Behavior Analyst Certification Board, and is under the direction of a licensed behavior analyst[; or] or licensed psychologist;

          (B)  Is a direct support worker who directly implements an applied behavior analysis program under the supervision of a licensed behavior analyst [or licensed psychologist] on or before [January] July 1, 2020; or

          (C)  Is a direct support worker who directly implements an applied behavior analysis program under the supervision of a licensed psychologist or a master's level practitioner or postdoctoral fellow working under the direction of a licensed psychologist;

          provided that for purposes of this paragraph, "direct support worker" means a paraprofessional who directly implements intervention or assessment plans under supervision and does not design intervention or assessment plans;

     (5)  A family member, legal guardian, or caregiver implementing an applied behavior analysis plan and who acts under the direction of a licensed behavior analyst or Hawaii-licensed psychologist; provided that for the purposes of this paragraph, "caregiver" means an individual who provides habilitative 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 services waiver program authorized by section 1915(c) of the Social Security Act;

     (6)  An individual who designs or implements applied 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;

     (7)  An individual who engages in the practice of applied behavior analysis with nonhuman or nonpatient clients or consumers including but not limited to applied animal behaviorists and practitioners of organizational behavior management;

     (8)  A matriculated graduate student or postdoctoral fellow whose activities are part of a defined applied 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 licensed behavior analyst, licensed psychologist, or an instructor from a nationally recognized training organization or in a Behavior Analyst Certification Board-approved course sequence; [or]

     (9)  An individual pursuing experience in applied behavior analysis consistent with the Behavior Analyst Certification Board's experience requirements; provided that the experience is supervised by a licensed behavior analyst[.]; or

    (10)  A licensed special education teacher or an individual who is working toward licensure as a special education teacher and who is enrolled in a state-approved and nationally-accredited special education teacher preparation program that includes training in behavior analysis assessment and interventions; provided that the applied behavior analysis services performed are within the boundaries of the licensed special education teacher's or individual working toward licensure as a special education teacher's scope of education, training, and practice."

     SECTION 2.  The department of education shall seek any approvals that may be necessary from the Centers for Medicare and Medicaid Services to amend the Hawaii medicaid state plan to provide reimbursement for necessary applied behavior analysis services provided to medicaid-eligible students diagnosed with autism, including services provided by licensed mental health professionals with specialized training in applied behavior analysis.  These licensed mental health professionals may include licensed behavior analysts, licensed psychologists, licensed clinical social workers, advanced practice registered nurses with a specialization in psychiatry, licensed marriage and family therapists, licensed mental health counselors, and those they supervise.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.



 

Report Title:

Practice of Behavior Analysis; Exemptions

 

Description:

Clarifies exemptions from licensure as a behavioral analyst for general education teachers, direct support workers, special education teachers, and teacher trainees working in collaboration with or under the supervision of licensed professionals.  Requires the DOE to seek approval by the Centers for Medicare and Medicaid Services to amend the Hawaii Medicaid State Plan to provide reimbursement for applied behavior analysis services.  (SB341 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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