Bill Text: IA SF192 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to licenses to practice applied behavior analysis and including effective date and implementation provisions. Effective 1-1-19.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-04-11 - Signed by Governor. S.J. 918. [SF192 Detail]
Download: Iowa-2017-SF192-Introduced.html
Senate File 192 - Introduced SENATE FILE BY SEGEBART A BILL FOR 1 An Act relating to licenses to practice applied behavior 2 analysis and including effective date and implementation 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1607XS (2) 87 tr/nh PAG LIN 1 1 Section 1. Section 135.24, subsection 7, paragraph d, Code 1 2 2017, is amended to read as follows: 1 3 d. "Health care provider" means a physician licensed under 1 4 chapter 148, a chiropractor licensed under chapter 151, a 1 5 physical therapist licensed pursuant to chapter 148A, an 1 6 occupational therapist licensed pursuant to chapter 148B, 1 7 a podiatrist licensed pursuant to chapter 149, a physician 1 8 assistant licensed and practicing under a supervising physician 1 9 pursuant to chapter 148C, a licensed practical nurse, a 1 10 registered nurse, or an advanced registered nurse practitioner 1 11 licensed pursuant to chapter 152 or 152E, a respiratory 1 12 therapist licensed pursuant to chapter 152B, a dentist, dental 1 13 hygienist, or dental assistant registered or licensed to 1 14 practice under chapter 153, an optometrist licensed pursuant to 1 15 chapter 154, a psychologist licensed pursuant to chapter 154B, 1 16 a social worker licensed pursuant to chapter 154C, a mental 1 17 health counselor,or amarital and family therapist, behavior 1 18 analyst, or assistant behavior analyst licensed pursuant to 1 19 chapter 154D, a speech pathologist or audiologist licensed 1 20 pursuant to chapter 154F, a pharmacist licensed pursuant to 1 21 chapter 155A, or an emergency medical care provider certified 1 22 pursuant to chapter 147A. 1 23 Sec. 2. Section 147.1, subsections 3 and 6, Code 2017, are 1 24 amended to read as follows: 1 25 3. "Licensed" or "certified", when applied to a physician 1 26 and surgeon, podiatric physician, osteopathic physician and 1 27 surgeon, physician assistant, psychologist, chiropractor, 1 28 nurse, dentist, dental hygienist, dental assistant, 1 29 optometrist, speech pathologist, audiologist, pharmacist, 1 30 physical therapist, physical therapist assistant, occupational 1 31 therapist, occupational therapy assistant, orthotist, 1 32 prosthetist, pedorthist, respiratory care practitioner, 1 33 practitioner of cosmetology arts and sciences, practitioner 1 34 of barbering, funeral director, dietitian, behavior analyst, 1 35 assistant behavior analyst, marital and family therapist, 2 1 mental health counselor, respiratory care and polysomnography 2 2 practitioner, polysomnographic technologist, social worker, 2 3 massage therapist, athletic trainer, acupuncturist, nursing 2 4 home administrator, hearing aid specialist, or sign language 2 5 interpreter or transliterator means a person licensed under 2 6 this subtitle. 2 7 6. "Profession" means medicine and surgery, podiatry, 2 8 osteopathic medicine and surgery, practice as a physician 2 9 assistant, psychology, chiropractic, nursing, dentistry, 2 10 dental hygiene, dental assisting, optometry, speech pathology, 2 11 audiology, pharmacy, physical therapy, physical therapist 2 12 assisting, occupational therapy, occupational therapy 2 13 assisting, respiratory care, cosmetology arts and sciences, 2 14 barbering, mortuary science, applied behavior analysis, marital 2 15 and family therapy, mental health counseling, polysomnography, 2 16 social work, dietetics, massage therapy, athletic training, 2 17 acupuncture, nursing home administration, practice as a hearing 2 18 aid specialist, sign language interpreting or transliterating, 2 19 orthotics, prosthetics, or pedorthics. 2 20 Sec. 3. Section 147.2, subsection 1, Code 2017, is amended 2 21 to read as follows: 2 22 1. A person shall not engage in the practice of medicine 2 23 and surgery, podiatry, osteopathic medicine and surgery, 2 24 psychology, chiropractic, physical therapy, physical 2 25 therapist assisting, nursing, dentistry, dental hygiene, 2 26 dental assisting, optometry, speech pathology, audiology, 2 27 occupational therapy, occupational therapy assisting, 2 28 orthotics, prosthetics, pedorthics, respiratory care, pharmacy, 2 29 cosmetology arts and sciences, barbering, social work, 2 30 dietetics, applied behavior analysis, marital and family 2 31 therapy or mental health counseling, massage therapy, mortuary 2 32 science, polysomnography, athletic training, acupuncture, 2 33 nursing home administration, or sign language interpreting or 2 34 transliterating, or shall not practice as a physician assistant 2 35 or a hearing aid specialist, unless the person has obtained a 3 1 license for that purpose from the board for the profession. 3 2 Sec. 4. Section 147.13, subsection 16, Code 2017, is amended 3 3 to read as follows: 3 4 16. For applied behavior analysis, marital and family 3 5 therapy, and mental health counseling, the board of behavioral 3 6 science. 3 7 Sec. 5. Section 147.14, subsection 1, paragraph m, Code 3 8 2017, is amended to read as follows: 3 9 m. For behavioral science, three members licensed to 3 10 practice marital and family therapy, all of whom shall be 3 11 practicing marital and family therapists; three members 3 12 licensed to practice mental health counseling, one of whom 3 13 shall be employed in graduate teaching, training, or research 3 14 in mental health counseling and two of whom shall be practicing 3 15 mental health counselors; two licensed behavior analysts; one 3 16 licensed assistant behavior analyst; and three members who are 3 17 not licensed to practice marital and family therapy, applied 3 18 behavior analysis, or mental health counseling and who shall 3 19 represent the general public. 3 20 Sec. 6. Section 147.74, Code 2017, is amended by adding the 3 21 following new subsection: 3 22 NEW SUBSECTION. 14A. a. A behavior analyst licensed under 3 23 chapter 154D may use the letters "LBA" after the person's name. 3 24 b. An assistant behavior analyst licensed under chapter 154D 3 25 may use the letters "LABA" after the person's name. 3 26 Sec. 7. Section 154D.1, Code 2017, is amended by adding the 3 27 following new subsections: 3 28 NEW SUBSECTION. 1A. "Certifying entity" means the behavior 3 29 analyst certification board or another entity whose programs to 3 30 certify professional practitioners of applied behavior analysis 3 31 are accredited by the national commission for certifying 3 32 agencies or the American national standards institute. 3 33 NEW SUBSECTION. 1B. "Licensed assistant behavior analyst" 3 34 means a person licensed to practice applied behavior analysis 3 35 under the supervision of a licensed behavior analyst under 4 1 chapter 147 and this chapter. 4 2 NEW SUBSECTION. 1C. "Licensed behavior analyst" means a 4 3 person licensed to practice applied behavior analysis under 4 4 chapter 147 and this chapter. 4 5 NEW SUBSECTION. 6A. "Practice of applied behavior 4 6 analysis" means the design, implementation, and evaluation 4 7 of instructional and environmental modification to produce 4 8 socially significant improvements in human behavior. 4 9 "Practice of applied behavior analysis" includes the empirical 4 10 identification of functional relations between behavior and 4 11 environmental factors, known as functional assessment and 4 12 analysis. "Practice of applied behavior analysis" excludes 4 13 psychological testing, psychotherapy, cognitive therapy, 4 14 sex therapy, psychoanalysis, hypnotherapy, and counseling as 4 15 treatment modalities. 4 16 Sec. 8. NEW SECTION. 154D.2A Licensure == behavior analysts 4 17 == assistant behavior analysts. 4 18 1. An applicant for a license to practice as a behavior 4 19 analyst shall be granted a license by the board upon submitting 4 20 to the board proof of the applicant's current certification as 4 21 a behavior analyst or behavior analyst=doctoral by a certifying 4 22 entity. 4 23 2. An applicant for a license to practice as an assistant 4 24 behavior analyst shall be granted a license by the board upon 4 25 submitting to the board proof of the applicant's current 4 26 certification as an assistant behavior analyst by a certifying 4 27 entity. The applicant must also provide proof of ongoing 4 28 supervision by a licensed behavior analyst in accordance with 4 29 the requirements of the certifying entity. 4 30 Sec. 9. Section 154D.4, Code 2017, is amended by adding the 4 31 following new subsection: 4 32 NEW SUBSECTION. 3. This chapter and chapter 147 do not 4 33 prevent or restrict the practice of applied behavior analysis 4 34 by any of the following: 4 35 a. Persons licensed to practice other professions under 5 1 this subtitle, provided that the person does not represent 5 2 that the person is a behavior analyst or assistant behavior 5 3 analyst unless also licensed as one, applied behavior analysis 5 4 is within the scope of practice of the person's profession, and 5 5 the services provided are within the boundaries of the person's 5 6 education, training, and competence. 5 7 b. Family members of recipients of applied behavior analysis 5 8 services implementing applied behavior analysis treatment plans 5 9 with the recipients under the extended authority and direction 5 10 of a licensed behavior analyst or a licensed assistant behavior 5 11 analyst. Such persons shall not represent themselves as 5 12 behavior analysts or assistant behavior analysts. 5 13 c. Paraprofessional technicians who deliver applied behavior 5 14 analysis services under the extended authority and direction 5 15 of a licensed behavior analyst or licensed assistant behavior 5 16 analyst. Such persons shall not represent themselves as 5 17 behavior analysts or assistant behavior analysts and shall use 5 18 titles that indicate their nonprofessional status, including 5 19 but not limited to "assistant behavior analyst technician", 5 20 "behavior technician", "tutor", or "line therapist". 5 21 d. Behavior analysts who practice with nonhumans, including 5 22 but not limited to applied animal behaviorists and animal 5 23 trainers. Such individuals may use the title "behavior 5 24 analyst" but shall not represent themselves as licensed 5 25 behavior analysts or licensed assistant behavior analysts 5 26 unless they are licensed as such. 5 27 e. Professionals who provide general applied behavior 5 28 analysis services to organizations, so long as those services 5 29 are for the benefit of the organizations and do not involve 5 30 direct services to individuals. Such professionals may use the 5 31 title "behavior analyst" but shall not represent themselves 5 32 as licensed behavior analysts or licensed assistant behavior 5 33 analysts unless they are licensed as such. 5 34 f. Students whose applied behavior analysis activities are 5 35 conducted within a defined program of study, course, practicum, 6 1 internship, or postdoctoral fellowship, provided that the 6 2 applied behavior analysis activities are directly supervised 6 3 by a behavior analyst licensed in this state, an instructor in 6 4 a course sequence approved by a certifying entity, or another 6 5 qualified faculty member of the student's program. Such 6 6 students shall not present themselves as behavior analysts 6 7 or assistant behavior analysts and shall use titles that 6 8 clearly indicate their status, such as "student", "intern", or 6 9 "trainee". 6 10 g. Unlicensed persons pursuing supervised experience in 6 11 applied behavior analysis consistent with the experience 6 12 requirements of a certifying entity, provided such experience 6 13 is supervised in accordance with the requirements of the 6 14 certifying entity. 6 15 h. Individuals who teach applied behavior analysis or 6 16 conduct behavior=analytic research, provided that such teaching 6 17 or research does not involve the direct delivery of applied 6 18 behavior analysis services. Such individuals may use the 6 19 title "behavior analyst" but shall not represent themselves 6 20 as licensed behavior analysts or licensed assistant behavior 6 21 analysts unless they are licensed as such. 6 22 i. Behavior analysts licensed in another jurisdiction or 6 23 certified by a certifying entity to practice independently and 6 24 who work in this state no more than two thousand eighty hours 6 25 within a calendar year. 6 26 j. Persons employed by a school board performing the 6 27 duties of their positions. Such persons shall not represent 6 28 themselves as licensed behavior analysts or licensed assistant 6 29 behavior analysts unless they are licensed as such, and 6 30 shall not offer applied behavior analysis services to any 6 31 persons or entities other than their school employer or accept 6 32 remuneration for providing applied behavior analysis services 6 33 other than the remuneration they receive from their school 6 34 employer. 6 35 Sec. 10. Section 154D.5, Code 2017, is amended to read as 7 1 follows: 7 2 154D.5 Sexual conduct with client. 7 3 The license of a behavior analyst, an assistant behavior 7 4 analyst, a marital and family therapist, or a mental health 7 5 counselor shall be revoked if the board finds that the licensee 7 6 engaged in sexual activity with a client as determined by 7 7 board rule. The revocation shall be in addition to any other 7 8 penalties provided by law. 7 9 Sec. 11. Section 154D.7, Code 2017, is amended to read as 7 10 follows: 7 11 154D.7 Temporary license == marital and family therapy == 7 12 mental health counseling == fees. 7 13 Any person who has fulfilled all of the requirements for 7 14 licensure underthis chaptersection 154D.2, except for having 7 15 completed the postgraduate supervised clinical experience 7 16 requirement as determined by the board by rule, may apply 7 17 to the board for a temporary license. The license shall be 7 18 designated "temporary license in marital and family therapy" 7 19 or "temporary license in mental health counseling" and 7 20 shall authorize the licensee to practice marital and family 7 21 therapy or mental health counseling under the supervision of a 7 22 qualified supervisor as determined by the board by rule. The 7 23 license shall be valid for three years and may be renewed at 7 24 the discretion of the board. The fee for a temporary license 7 25 shall be set by the board to cover the administrative costs of 7 26 issuing the license, and if renewed, a renewal fee as set by 7 27 the board shall be required. 7 28 Sec. 12. Section 249A.15A, Code 2017, is amended by adding 7 29 the following new subsection: 7 30 NEW SUBSECTION. 5. The department shall adopt rules 7 31 pursuant to chapter 17A entitling behavior analysts and 7 32 assistant behavior analysts who are licensed pursuant to 7 33 chapter 154D to payment for behavioral health services provided 7 34 to recipients of medical assistance, subject to limitations 7 35 and exclusions the department finds necessary on the basis of 8 1 federal laws and regulations. 8 2 Sec. 13. EFFECTIVE DATE AND IMPLEMENTATION. This Act 8 3 shall take effect January 1, 2018, except that the board of 8 4 behavioral science may begin implementation prior to that date, 8 5 to the extent necessary to fully implement the provisions 8 6 providing for the licensure of behavior analysts and assistant 8 7 behavior analysts by January 1, 2018. 8 8 EXPLANATION 8 9 The inclusion of this explanation does not constitute agreement with 8 10 the explanation's substance by the members of the general assembly. 8 11 This bill creates a licensure process for behavior analysts 8 12 and assistant behavior analysts who practice applied behavior 8 13 analysis. These professions, as defined in the bill, shall 8 14 be regulated by the board of behavioral science. Board seats 8 15 for two licensed behavior analysts and one licensed assistant 8 16 behavior analyst shall be added to the board of behavioral 8 17 science. The bill allows licensed behavior analysts to 8 18 refer to themselves as "LBAs" and licensed assistant behavior 8 19 analysts as "LABAs". 8 20 Under the bill, an applicant for a license to practice as 8 21 a behavior analyst shall be granted a license by the board of 8 22 behavioral science upon submitting proof to the board of the 8 23 applicant's certification as a behavior analyst or behavior 8 24 analyst=doctoral by a certifying entity. The bill defines 8 25 "certifying entity" as the behavior analyst certification 8 26 board or another entity whose programs to certify professional 8 27 practitioners of behavior analysis are accredited by the 8 28 national commission on certifying agencies or the American 8 29 national standards institute. 8 30 An applicant for a license as an assistant behavior 8 31 analyst shall be granted a license by the board of behavioral 8 32 science upon submitting to the board proof of the applicant's 8 33 certification as an assistant behavior analyst verified by 8 34 a certifying entity. The applicant must also provide proof 8 35 of ongoing supervision by a licensed behavior analyst in 9 1 accordance with the requirements of a certifying entity. 9 2 The bill exempts certain persons from the licensure 9 3 requirements, including a person licensed to practice other 9 4 health=related professions, behavior analysts who practice with 9 5 nonhumans, family members of recipients of applied behavior 9 6 analysis services, paraprofessional technicians, persons 9 7 who provide general applied behavior analysis services to 9 8 organizations, applied behavior analysis students, persons who 9 9 teach behavior analysis or conduct behavior=analytic research, 9 10 persons pursuing supervised experience in applied behavior 9 11 analysis, behavior analysts licensed in another jurisdiction or 9 12 certified by the certifying entity to practice independently 9 13 and who work in this state no more than 2,080 hours within 9 14 a calendar year, and persons employed by a school board 9 15 performing the duties of their positions. 9 16 The bill requires the revocation of a behavior analyst's or 9 17 assistant behavior analyst's license if the board of behavioral 9 18 science finds that the licensee engaged in sexual activity with 9 19 a client. The revocation shall be in addition to any other 9 20 penalties provided by law. 9 21 The bill includes an effective date of January 1, 2018, 9 22 except that the board of behavioral science may begin 9 23 implementation prior to that date, to the extent necessary to 9 24 fully implement the provisions providing for the licensure of 9 25 behavior analysts and assistant behavior analysts by January 9 26 1, 2018. LSB 1607XS (2) 87 tr/nh
