Bill Text: HI SB751 | 2018 | Regular Session | Introduced
Bill Title: Relating To Behavior Analysis Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB751 Detail]
Download: Hawaii-2018-SB751-Introduced.html
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THE SENATE |
S.B. NO. |
751 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to behavior analysis services.
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) 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 a board certification [as an
assistant behavior analyst by the Behavior Analyst Certification Board and]
accredited by a nationally recognized accrediting body who practices in
accordance with the most recent supervisory and ethical requirements adopted by
[the Behavior Analyst Certification Board] a certifying entity
under the direction of a behavior analyst or other professional licensed
in this State[;] and acting within the scope and competency of that
license; provided that for the purposes of this paragraph, "certifying
entity" means the National Commission for Certifying Agencies, American
National Standards Institute, or Institute for Credentialing Excellence;
(3) An individual who directly implements applied behavior analysis services under the supervision of a licensed professional acting within the scope and competency of that license and:
(A) Is credentialed [as a registered
behavior technician] by the Behavior Analyst Certification Board, Behavioral
Intervention Certification Council, or Qualified Applied Behavior Analysis
credentialing 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; or
[[(C)]] (B) 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 implementing an applied behavior analysis plan and 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2017.
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INTRODUCED BY: |
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Report Title:
Behavior Analysis Services; Licensure; Certification
Description:
Expands treatment capacity of behavior analysis services by allowing individuals with certain certification and under supervision conditions to implement behavior analysis services.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
