House committee substitute makes the following changes to the 2nd edition.
Amends GS 90-726.2 to amend the activities excluded from the practice of behavior analysis to also exclude diagnosis, counseling (was, long-term counseling), neuropsychology, and cognitive-behavior therapy (was, cognitive therapy).
Makes technical changes in GS 90-726.3.
Amends GS 90-726.18 by amending the categories of individuals who are eligible to be exempt from the licensing requirement to include a psychologist who is exempt from licensure as a psychologist, and a student in a defined college or university course, program of study, or practicum in behavior analysis under the direct supervision of a psychologist.
Summary date: Jun 18 2015 - View summary
Summary date: Jun 10 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Amends new GS 90-726.2 to clarify that the "certifying entity" is defined as the nationally accredited Behavior Analyst Certification Board, Inc. or its successor. Adds psychotherapy to those areas of practice which the practice of behavior analysis expressly excludes.
Establishes that the North Carolina Behavior Analysis Board (Board) consists of nine members (was, seven). Increases the number of appointees by the Governor to three (was, one). Requires that the Governor appoint one licensed behavior analyst, one licensed assistant behavior analyst, and one public member (was, appoint one public member). Amends the qualifications of the three members each to be appointed by the General Assembly upon the recommendations of the Speaker of the House of Representatives and the President Pro Tempore of the Senate to require that each chamber appoint one licensed behavior analyst, one licensed assistant behavior analyst, and one public member (was, one licensed assistant behavior analyst, and two licensed behavior analysts each). Provides that the public members appointed to the Board serve three-year terms. Requires that the initial appointees to the Board be made on or before October 1, 2015 (was, on or before August 1, 2015).
Provides that members are to receive per diem and necessary travel and subsistence expenses as provided in GS 93B-5 (was, as provided in GS 138-5).
Recodifies new GS 90-726.2A, "Practice of psychology not permitted," as new GS 90-726.15. Renumbers sections of new Article 43, GS Chapter 90, accordingly. Makes conforming changes as needed to reflect the recodification.
Makes organizational changes to new GS 90-726.4, which provides the powers and duties of the Board. Amends this section to provide that any final action of the Board must be taken at a Board meeting by a majority of the members of the Board (was, any final action required a quorum of the Board).
Amends the requirements for licensing as an assistant behavior analyst to include that the applicant must provide satisfactory evidence to the Board of the payment of the application fee.
Amends new GS 90-726.18(a)(1) to include individuals acting under the extended authority and direction of licensed psychologists, for example--graduate students, interns, or post doctoral trainees--among those persons exempt from the requirements of new Article 43 of GS Chapter 90. Deletes from the persons identified as exempt from the requirements of Article 43 an individual who is a Registered Behavior Technician acting under the extended authority or direction of a licensed behavior analyst or a licensed assistant behavior analyst. Makes all of Section 2, which also enacts new GS 90-726.16 and new GS 90-726.17 effective March 1, 2016 (was, January 1, 2016).
Makes GS 90-270.4 as amended by the addition of a new subsection (f1) in the first edition effective as of March 1, 2016 (was, January 1, 2016).
Directs the Board to adopt temporary rules to implement this act no later than January 1, 2016 (was, November 1, 2015).
Makes additional clarifying, organizational and technical changes to this act. Except as otherwise indicated, this act as amended is effective when it becomes law.
Summary date: Apr 16 2015 - View summary
Enacts new Article 43 of GS Chapter 90 to require the licensure of behavior analysts and assistant behavior analysts. Creates a seven-member NC Behavior Analysis Board (Board) with authority to determine licensure qualifications and fees; issue, deny, or suspend any license; conduct background checks; and discipline licensees. Requires the initial Board members to be selected on or before August 1, 2015. Establishes minimum qualifications for licensure and maximum licensure fees. Provides for license renewal, temporary licensure, and reciprocity.
Enacts new GS 90-726.16, making it a Class 2 misdemeanor to practice behavior analysis without a license; each violation is a separate offense. Specifies eight conditions that must be met in order for a person to be exempt from the Article. Effective January 1, 2016.
Amends GS 90-270.4 to add that nothing in the Article is to be construed to prevent a behavior analyst or an assistant licensed under Article 43 from offering services within the scope of practice authorized by the Board.
Requires the Board to adopt temporary rules by November 1, 2015, which will remain in effect until permanent rules that replace the temporary rules become effective.
Enacts new GS 8-53.14 providing that any person, duly authorized as a licensed behavior analyst, or any of the person's employees or associates, is not required to disclose any information which the person may have acquired in the practice of behavior analysis and which information was necessary to enable the person to practice behavior analysis. Allows the court to compel such disclosure if necessary. Provides that the behavior analyst‑client or behavior analyst-patient privilege is not grounds for failure to report suspected child abuse or neglect to the appropriate county department of social services or for failure to report a disabled adult suspected to be in need of protective services to the appropriate county department of social services. Also provides that the behavior analyst‑client or behavior analyst-patient privilege is not grounds for excluding evidence regarding the abuse or neglect of a child, or an illness of or injuries to a child, or the cause thereof, or for excluding evidence regarding the abuse, neglect, or exploitation of a disabled adult, or an illness of or injuries to a disabled adult, or the cause thereof, in any judicial proceeding related to a report pursuant to the Child Abuse Reporting Law, Article 3 of GS Chapter 7B.