AN ACT TO REDUCE UNNECESSARY REGULATORY CONSTRAINTS FOR APPLIED BEHAVIOR ANALYSIS. SL 2021-22. Enacted May 17, 2021. Effective May 17, 2021, except as otherwise provided.
Bill S 103 (2021)Summary date: May 17 2021 - View summary
Summary date: Mar 16 2021 - View summary
Senate amendment makes the following changes to the 3rd edition.
Makes the following modifications to proposed Article 43, Behavior Analyst Licensure, of GS Chapter 90.
Increases the term of service from two to three years for the initial North Carolina Behavior Analysis Board member legislatively appointed upon recommendation of the President Pro Tempore of the Senate.
Makes technical changes to a proposed statutory subsection descriptor.
Summary date: Mar 10 2021 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Makes a clarifying change to proposed GS 90-726.8.
Summary date: Feb 24 2021 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Makes organizational and clarifying changes to GS 90‑726.2. Makes a technical change to GS 90‑726.12. Amends GS 90‑726.16 to correct a statutory cross reference to GS 90-726.15 (was, GS 90-726.17).
Summary date: Feb 16 2021 - View summary
Adds new Article 43, Behavior Analyst Licensure, to GS Chapter 90. Prohibits a person from practicing as a licensed behavior analyst or an assistant behavior analyst without a state license issued pursuant to the Article, with specified exemptions. Defines behavior analysis as the design, implementation, and evaluation of systematic instructional and environmental modifications to produce significant personal or interpersonal improvements in human behavior. Effective January 1, 2022, makes violations of the Article a Class 2 misdemeanor. Establishes the NC Behavior Analysis Board (Board), with five members (three appointed by the Governor and one each upon recommendation of the Speaker of the House of Representatives and the President Pro Tem. of the Senate). Charges the Board with administration of the licensing program and requires the Board to make an annual report to the Governor. Sets out qualifications for licensure as a behavior analyst or assistant behavior analyst, fees that may be charged by the Board, and the Board’s disciplinary authority. Allows for reciprocity and for the the issuance of temporary licenses. Permits criminal record checks for licensees and persons seeking licenses. Makes conforming changes to GS 90-270.138. Requires the Board to adopt temporary rules to implement the act, which remain in effect until permanent rules are in effective. Enacts GS 8-53.14 governing the confidentiality of communications between a behavior analyst and their client or patient.