Bill Text: HI SB739 | 2017 | Regular Session | Amended


Bill Title: Relating To Behavior Analysis Services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-03-24 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with Representative(s) Tupola voting aye with reservations; none voting no (0) and Representative(s) Aquino, DeCoite, Har, Ichiyama, C. Lee, Thielen excused (6). [SB739 Detail]

Download: Hawaii-2017-SB739-Amended.html

THE SENATE

S.B. NO.

739

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO BEHAVIOR ANALYSIS SERVICES.

 

 

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

 


     SECTION 1.  The legislature finds that applied behavior analysis is a well-established framework for the treatment of autism spectrum disorder.  Research has shown that intensive early applied behavior analysis intervention before the age of six is critical for the future of children with autism.

     The legislature further finds that the existing law regulating behavior analysts expressly states that the law is not intended to restrict the practice of other licensed or credentialed practitioners practicing within their own recognized scopes of practice.  However, there are concerns that the law has been interpreted in a way that prohibits students and psychological assistants, who are under the supervision of a licensed psychologist, to provide behavioral interventions.  Limiting the ability of otherwise qualified professionals, acting within their scope of practice, to provide and supervise applied behavior analysis unnecessarily restricts access to the services of these licensed professionals and the individuals working under their supervision.  The legislature notes that the scope of practice for psychologists under chapter 465, Hawaii Revised Statutes, expressly includes behavior analysis and therapy.  The scope of practice for psychologists also recognizes the ability of psychologists to supervise others.

     The legislature concludes that clarifying certain aspects of the behavior analysts law, including who can implement behavior analysis services while under supervision, will ensure that the State has an adequate workforce of trained professionals and paraprofessionals who can continue to provide comprehensive behavior analysis services for the treatment of autism spectrum disorder.

     The purpose of this Act is to clarify certain elements of the behavior analyst law, including:

     (1)  Clarifying the definition of "practice of behavior analysis";

     (2)  Clarifying the individuals who may implement behavior analysis services, including individuals who are supervised by a licensed professional working within that licensed professional's recognized scope of practice, when that scope of practice overlaps with the practice of behavior analysis; and

     (3)  Exempting from licensure caregivers who implement an applied behavior analysis plan and act under the direction of a licensed behavior analyst or other licensed professional authorized to practice behavior analysis.

     SECTION 2.  Section 465D-2, Hawaii Revised Statutes, is amended by amending the definition of "practice of behavior analysis" to read as follows:

     ""Practice of behavior analysis" means the [design,]:

     (1)  Design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior[.  Practice of behavior analysis includes the empirical];

     (2)  Empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis[.  Practice of behavior analysis also includes the use]; and

     (3)  Use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.

Practice of behavior analysis expressly excludes psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities.  Practice of behavior analysis also excludes the use of the behavioral techniques specified in paragraph (3) that are used solely as treatment modalities."

     SECTION 3.  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;], including individuals supervised by a licensed professional, such as paraprofessionals, unlicensed professionals, students, and parents; provided that the supervision is within that licensed professional's recognized scope of practice; and provided further that the licensed professional and the supervised individual shall not use the title of "licensed behavior analyst" or "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] from a national certifying agency and who practices in accordance with the most recent supervisory and ethical requirements adopted by [the Behavior Analyst Certification Board] the national certifying agency under the direction of a behavior analyst licensed in this State;

     (3)  An individual who directly implements applied behavior analysis services under the supervision of a licensed professional whose scope of practice overlaps with the practice of behavior analysis and:

         (A)  Is credentialed as a registered behavior technician by or possesses board certification from the Behavior Analyst Certification Board,

              and is under the direction of a [behavior analyst] professional licensed in this State[;

         (B)  Is a direct support worker who provides autism treatment services pursuant to an individualized education plan on or before January 1, 2019; [or]] and acting within the scope of that licensure;

         (B)  Is an individual who provides applied behavior analysis services under the supervision of a licensed or credentialed practitioner working within that practitioner's recognized scope of practice; provided that the licensed or credentialed practitioner maintains responsibility for and attests to the training and qualifications of the individual who is providing the supervised applied behavior analysis services; 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;

          [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;]

     (4)  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 [in this State;] professional who is authorized to practice behavioral analysis;

     (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."

     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, 2050.


 


 

Report Title:

Behavior Analysis; Licensure; Certification; Supervision

 

Description:

Clarifies the scope of practice of behavior analysis.  Clarifies who may provide behavior analysis and applied behavior analysis services regardless of licensure status, including licensed individuals working within an overlapping scope of practice, individuals supervised by a licensed professional of an overlapping scope of practice, and caregivers.  (SB739 HD1)

 

 

 

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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