ACCOUNTABILITY AND FAIR PLAY IN ATHLETICS. (NEW)

View NCGA Bill Details2021
House Bill 91 (Public) Filed Tuesday, February 16, 2021
AN ACT TO RESTRUCTURE OVERSIGHT OF PUBLIC HIGH SCHOOL INTERSCHOLASTIC ATHLETICS TO ENSURE ACCOUNTABILITY AND FAIR PLAY.
Intro. by Bell, Lambeth, K. Baker, Saine.

Status: Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House (House action) (Sep 8 2021)

SOG comments (1):

Long title change

Senate committee substitute to the 3rd edition changed the long title. Original title was AN ACT TO REDUCE UNNECESSARY REGULATORY CONSTRAINTS FOR APPLIED BEHAVIOR ANALYSIS.

Bill History:

H 91

Bill Summaries:

  • Summary date: Sep 1 2021 - More information

    Senate amendment makes the following changes to the 6th edition. 

    Part I.

    Amends the gameplay rules requirements in GS 115C-407.55 to no longer specify that for charter or nonpublic schools, the rules must classify those schools into the next largest conference than the school would be assigned to based solely on average daily membership.

    Amends the appeals process in GS 115C-407.55 to now require the State Board of Education (State Board) to require an appeals process for enforcement of rules that provides for an independent appeals board, notice of the infraction and the appeals process to the party that receives the penalty, and an opportunity to be heard before the independent appeals board. Requires a student and that student's parent to be allowed to appeal a penalty resulting from the application of any rule that restricts an individual student from participating in a season, game, or series of games, and requires providing a written copy of the rule that is the basis for the penalty. Requires the State Board to appoint the independent appeals board.

    Amends GS 115C-407.60 to require public school units to purchase (was, obtain) catastrophic insurance for interscholastic athletic activities.

    Enacts new GS 115C-407.72, which provides as follows. Requires the State Board to adopt rules related to enrollment and transfer of students between public school units that include the following: (1) a student who is not domiciled in a local school administrative unit but enrolls in that unit pursuant to GS 115C-366(d) is not eligible to participate in interscholastic athletics in that unit if the student's enrollment in that unit is solely for athletic participation purposes and (2) a student who receives priority enrollment as the child of a full-time employee of a charter school pursuant to GS 115C-218.45(f)(3) is not eligible to participate in interscholastic athletics for that charter school if the Office of Charter Schools determines that the parent's employment was a fraudulent basis for the student's priority enrollment. Requires the State Board to require that any school enrolling a student determined to be ineligible under these circumstances be ineligible to participate in postseason play for one year following discovery of the violation.

    Amends GS 115C-407.75 by amending the requirements to be met if the State Board enters into a memorandum of understanding with a nonprofit organization, to require agreement not to prohibit or restrict a participating school from scheduling a non-conference game during the regular season, or taking a portion of ticket sales from those games. Corrects an internal cross-reference.

    Amends Section 1(b) of the act to also prohibit public school units, in addition to the State Board, from requiring students to meet any academic requirements for participation and provide for hardship waivers for age eligibility requirements for the 2021-22 school year only. Adds that for the 2021-22 school year, no changes are to be made to existing divisions and conferences.

    Amends Section 1(f) of the act to provide that if the State Board enters into a memorandum of understanding with the organization currently authorized to apply and enforce the State Board's rules governing participation in high school interscholastic athletic activities (was, with the North Carolina High School Athletic Association) for the 2021-22 school year, a condition of the memorandum must be that the organization (was, NCHSAA) waive collection of all fees for participating schools for the 2021-22 school year, except for fees associated with postseason conference games, in recognition of decreased access to interscholastic sports for participating schools in the 2020-21 school year due to COVID-19.

    Makes a clarifying change in Section 1(g) of the act.

    Part II.

    Amends GS 115C-218(c)(3) by adding to the duties of the Office of Charter Schools, investigating fraudulent priority enrollments under GS 115C-218.45 and reporting the findings to the State Board.

    Make a clarifying change in the heading of Part III of the act.


  • Summary date: Aug 26 2021 - More information

    Senate committee substitute deletes the content of the 5th edition and replaces it with the following.

    Part I.

    Enacts Article 29E, Interscholastic Athletic Activities, to GS Chapter 115C as follows. Directs the State Board of Education (State Board) to adopt rules governing interscholastic athletic activities conducted by public school units pursuant to the Article's provisions. Authorizes the State Board to enter into a memorandum of understanding (MOU) for a term of up to four years with one or more nonprofit organizations to administer and enforce the requirements of the Article and the rules adopted by the State Board for interscholastic athletic activities at the high school level. Alternatively, requires the State Board to assign the administration of high school interscholastic athletic activities to the Department of Public Instruction (DPI) and establish administrative fees. Upon assignment to DPI due to a termination of an MOU during any school year or following July 1 of any school year due to the inability of the state Board to finalize negotiations for an MOU, authorizes the State Board to establish fees for that school year through emergency rulemaking. Directs the DPI to administer State Board rules adopted for interscholastic athletic activities at the middle school level.

    Requires the State Board to adopt student participation rules to be consistent with provisions of the Article relating to concussions and head injuries and emergency actions plans, including six components, such as academic standards, enrollment requirements, medical eligibility requirements, and recruiting limitations. Directs the State Board to either adopt gameplay rules or provide the responsibility for adoption of such rules to an administering organization through the MOU. Enumerates eight required components of gameplay rules, including (1) classification of all participating schools into one of four athletic divisions based solely on daily average membership, with specified parameters for charter or nonpublic schools; (2) classification of all participating schools into conferences based solely on geography, division classification, and average daily membership; (3) game rules and administration; and (4) season and conference schedules and requirements, as described. Directs the State Board to either adopt penalty rules or provide responsibility to adopt such rules to an administering organization through an MOU, specifically establishing a system of demerits for infractions of student participation rules and gameplay rules that may result in certain described actions, absent monetary penalties. Mandates the State Board to require an appeals process in the enforcement of student participation, gameplay, and penalty rules, including an independent appeals board appointed by the State Board. Allows for the appeals process to be coordinated by an administrating organization subject to the terms of an MOU. Also requires the State Board to establish a mechanism for participating schools to report intimidation or harassment of the participating school or its employees or students by an administering organization. 

    Provides provisions that mandate public school unit compliance with State Board rules as administered by DPI or an administering organization, as appropriate. Specifically bars public school units from being regulated by any other entities for regular and postseason interscholastic athletics. Requires public school units to obtain catastrophic insurance for interscholastic activities as provided in new Part 2, Article 31A, GS Chapter 58, as enacted by the act. 

    Provides for the following, some of which is substantively transferred from GS 115C-12(23), which empowers the State Board to adopt rules governing interscholastic athletic activities by local boards. Details requirements for rules concerning concussions and head injuries that must be adopted by the State Board for middle and high schools, including requiring (1) annually providing all coaches, school nurses, athletic directors, first responders, volunteers, and students who participate in interscholastic athletic activities and their parents with an information sheet on concussions and head injuries, as defined, which students and parents must sign and return prior to participation and (2) requiring removal and barring return for the day of a student participating in an interscholastic athletic activity when exhibiting signs or symptoms consistent with concussion until the student is evaluated and cleared for participation by one of five licensed health professionals. Requires schools to maintain records of compliance with the requirements concerning concussions and head injuries. Requires the State Board to adopt a rule that requires middle and high schools to develop a venue-specific emergency action plan to deal with serious injuries and acute medical conditions in which the patient may deteriorate rapidly. Specifies required form and content, including approval by the school principal and annual review and rehearsal. 

    Details 13 requirements of an MOU entered under the Article, including requiring the administering organization to (1) make publicly available at no cost on the organization's website the organization's handbook for participating schools, all student participation rules, all gameplay rules, and information on the appeals process; (2) agreeing to adopt requirements for membership of the nonprofit board that require equal representation on the board from each educational district; (3) adopting an ethics policy that requires board members to avoid conflicts of interests and the appearance of impropriety; (4) agreeing to adopt procedures for its operations that are comparable to state open meetings and public records laws, subject to the confidentiality of personnel records; (5) entering into contracts with participating schools as to the monetary requirements for participation, with authority to vary annual fees based on the division to which the school is assigned; (6) agreeing to reduce annual fees to participating schools by at least 20% when the total fund balance for the administering organization is 250% of the organization's total expenses from the prior fiscal year, with authority to increase annual fees when the total fund balance is 150% of the organization's total expenses from the prior fiscal year; (7) agreeing to retain no more than 33% of the net proceeds of any State tournament game; (8) agreeing to an annual audit by the State Auditor; (9) agreeing not to engage in nine specified activities, including providing grants to schools regulated by the administering organization; and (10) annually reporting specified information to the State Board. 

    Authorizes the State Board to terminate any MOU for noncompliance with the Article or terms of the MOU, whereby the organization must return a pro rata share of the funds paid by that school for the year pursuant to the participating school's contract with the organization. Authorizes the State Auditor to conduct audits of any administering organization in the same manner as State agencies as specified in GS Chapter 147. 

    Mandates each public school unit with one or more participating schools to annually report the specified categories of information for the three school years completed prior to July 15 to the State Board regarding amounts spent on and received from interscholastic athletic activities. Directs the State Board to provide a summary of the reports by public school units and a copy of each public school unit report to the specified NCGA committee no later than October 15 annually. Requires all public school units to submit the first annual interscholastic athletic report to the State Board by July 15, 2023, and include data from the 2018-19, 2019-20, 2020-21, 2021-22, and 2022-23 school years. 

    Makes the above provisions effective October 15, 2021. 

    Requires the State Board to review and adopt new or revised emergency rules on interscholastic athletics in accordance with the new Article by October 15, 2021, for use in the 2021-22 school year, with emergency rules effective until June 30, 2022. Bars the State Board from requiring, for the 2021-22 school year, students to meet any academic requirements for participation, and requires the provision of hardship waivers for age eligibility requirements due to the impacts of COVID-19 during the 2020-21 school year. Provides that no findings of need are required for an emergency rule adopted for the 2021-22 school year and clarifies that the State Board is not required to adopt temporary rules to replace an emergency rule for use in the 2021-22 school year. Directs the State Board to submit all emergency rules pursuant to the North Carolina Administrative Code. Directs the State Board to adopt new or revised permanent rules for use in the 2022-23 and following school years. 

    Requires an MOU entered into during the 2021-22 school year by the State Board with an administering organization to terminate by June 30, 2023. Specifically bars the State Board from authorizing any nonprofit organization to apply and enforce the State Board's rules for participation in interscholastic activities during the 2021-22 school year or thereafter except by an MOU entered compliant with the act. Adds that if the State Board enters into an MOU with the North Carolina High School Athletic Association (NCHSAA) for the 2021-22 school year, requires the NCHSAA to waive collection of all fees for participating schools for that school year, except post-season conference game fees, in recognition of decreased access to sports for participating schools in the 2020-21 school year due to COVID-19.

    Directs the State Board to study (1) whether an administering organization should be responsible for overseeing the conduct of middle school interscholastic athletics for public school units and (2) factors that should be considered in home school and cooperative high school students' participation in interscholastic athletics as well as nonpublic schools. Specifies required considerations and workgroups for study input. Directs the State Board to report to the specified NCGA committee by April 1, 2022. 

    Part II.

    Makes conforming changes to the following statutes to provide for the enactment of new Article 29E to GS Chapter 115C, and repeal redundant language substantively transferred to or replaced by the new Article: GS 115C-12(23) (regarding the State Board's power to adopt eligibility rules for interscholastic athletic competition, now applicable to public school units rather than local boards); GS 115C-47(4) (regarding local boards' power to regulate extracurricular activities); and GS 115C-366(f) (regarding student transfers between local school administrative units).

    Enacts new GS 116-235(b)(4) to require the NC School of Science and Math to conduct any program of interscholastic athletics it elects to provide in accordance with rules adopted by the State Board pursuant to new Article 29E, GS Chapter 115C. 

    Repeals GS 143-291(c), which deems the NCHSAA a State agency for purposes of Article 31, governing liability in tort claims against State departments and agencies. 

    Makes the above provisions effective October 15, 2021. 

    Part III.

    Makes organizational changes to Article 31A of GS Chapter 58, placing existing language relating to State insurance of public education property into new Part 1. Enacts new provisions, organized as Part 2 of the Article, which charges the Commissioner of Insurance (Commissioner) with offering catastrophic insurance coverage for covered persons to participating schools for covered activities, defined as interscholastic athletic activities that are authorized, sanctioned, or scheduled by a participating school or by an administering organization. Defines covered persons to mean students or school personnel participating in or responsible for supervising covered activities. Requires participating schools to pay premiums for catastrophic insurance for covered activities at rates fixed by the Commissioner. Authorizes the Commissioner to purchase necessary insurance from insurers admitted in the State. 


  • Summary date: Jul 22 2021 - More information

    Senate committee substitute to the 4th edition makes the following changes. 

    Part I.

    Adds to the mandated study by the North Carolina Interscholastic Athletic Commission and report to the State Board of Education and the specified NCGA committee by April 1, 2022. Requires the Commission to also study factors that should be considered in cooperative innovation high school students' participation in interscholastic activities. Adds athletic directors, principals, and parents of students in cooperative innovative high schools to the workgroups the Commission must establish to provide input to the Commission. 

    Part III.

    Eliminates the content of Part III, which, effective July 1, 2021, amended Section 5.3(e) of SL 2017-57 to  expand the authorized uses of grant funds from the Needs-Based Public School Capital Fund (funded with revenues collected by the NC Education Lottery) to include the construction of school athletic facilities by recipient counties. Makes conforming organizational changes. 


  • Summary date: Jul 21 2021 - More information

    Senate committee substitute deletes the content of the 3rd edition and replaces it with the following. Makes conforming changes to the act's titles.

    Part I.

    Applicable beginning with interscholastic athletic competitions occurring during the 2022-23 school year, enacts new Article 29E, Interscholastic Athletic Competition, to GS Chapter 115C. Sets forth 10 defined terms applicable to the new Article. Provides for the regulation of interscholastic athletic activities and creates the North Carolina Interscholastic Athletic Commission (Commission) as follows.

    Directs the State Board of Education (State Board) to adopt student participation rules governing student eligibility and student health and safety for interscholastic athletic activities conducted by public school units, with rules adopted for high school level athletics administered by the Commission and rules adopted for middle school athletics administered by the Department of Public Instruction (DPI). Requires rules to include academic standards, enrollment requirements, attendance requirements, medical eligibility requirements, recruiting limitations, and hardship exceptions. Bars public school units from being regulated by entities other than the State Board and the Commission for regular and post-season interscholastic athletics. Provides for the following, some of which is substantively transferred from GS 115C-12(23), which empowers the State Board to adopt rules governing interscholastic athletic activities by local boards. Details requirements for rules concerning concussions and head injuries that must be adopted by the State Board for middle and high schools, including requiring (1) annually providing all coaches, school nurses, athletic directors, first responders, volunteers, students who participate in interscholastic athletic activities and their parents with an information sheet on concussions and head injuries, as defined, and (2) requiring removal and barring return for the day of a student participating in an interscholastic athletic activity when exhibiting signs or symptoms consistent with concussion until the student is evaluated and cleared for participation by one of five licensed health professionals. Requires schools to maintain records of compliance with the requirements concerning concussions and head injuries. Requires the State Board to adopt a rule that requires middle and high schools to develop a venue specific emergency action plan to deal with serious injuries and acute medical conditions in which the patient may deteriorate rapidly. Specifies required form and content, including approval by the school principal and annual review and rehearsal. 

    Creates the 17-member North Carolina Interscholastic Athletic Commission (Commission) and enumerates three purposes of the Commission, including oversight of high school interscholastic athletic competition for public school units; explicitly excludes oversight of interscholastic athletic competition for nonpublic schools. Houses the Commission in the Department of Administration (Department), and requires the Department to provide administrative services, and office and meeting space at no cost to the Commission. Specifies that the Commission exercises all of its statutory powers and management functions, as described, independently of the Department. States member qualifications to include employment in a public school unit as an athletic director, superintendent, assistant or associate superintendent, principal, or assistant principal, or full-time employee serving as a coach. Details member appointment, with nine members appointed by the Governor and eight members appointed by the NCGA, and provides further limitations on appointments based on position and athletic division. Sets terms at four years and bars members from serving more than two consecutive terms. Provides for vacancies, meetings, and member compensation and expenses. Requires the Commission to meet at least 10 times a year. Requires initial appointments to the Commission to be made by September 15, 2021. Details additional requirements and restrictions for initial appointees related to the school classification (A, AA, AAA, or AAAA) of the employee. Directs the Secretary of the Department to convene the first meeting of the Commission within 21 days of all legislative appointments, and provide temporary staffing through December 1, 2021. 

    Lists 11 powers and duties of the Commission, including: (1) applying, enforcing, and administering all student participation rules adopted by the State Board; (2) adopting, applying, enforcing, and administering gameplay rules as specified; (3) adopting a system of demerits for infractions of student participation rules and gameplay rules which may result in specified disciplinary action; (4) coordinate the appeals processes established by the Article; (5) annual report described content to the specified NCGA committee and the State Board; and (6) exercise the powers of a body corporate. Explicitly prohibits the Commission from taking 11 enumerated actions, including: (1) soliciting grant funding and sponsorships from third-party organizations other than for state tournament games; (2) provide grants to schools regulated by the Commission; (3) provide scholarships to players; (4) retain a percentage of gate receipts for games other than state tournament games; (5) regulate or control the intellectual property of schools other than state tournament games; and (6) restrict the recording of audio or video at a state tournament game by any parent of a student participating in the game or any employee of the school participating in the game. Requires the Commission to appoint a Director and employ and designate personnel to coordinate appeals, as specified. Authorizes the Commission to employ necessary personnel; prohibits employing or contracting with a legislative lobbyist or liaison. 

    Requires the Commission to be entirely supported by fees and a percentage of gate receipts from state tournament games only. Directs the Commission to adopt reasonable annual fees for participating schools as need to support the Commission's duties, which may vary based on the division to which a school is assigned. Establishes the High School Interscholastic Athletic Fund (Fund) in the Department of State Treasurer for fee and gate receipt deposits. Sets a balance threshold that triggers required reduction of annual fees for participating schools, and a threshold at which the Commission is authorized to increase fees. Provides further parameters for the Fund, including a requirement for an annual audit. 

    Directs the Commission to maintain a State-funded student-athlete catastrophic insurance policy and notify public school units regarding the coverage provided by the policy annually prior to the start of each school year, as specified. Provides for inclusion of the cost of the policy in the annual fees charged to each participating school based on the number of participating students in the immediately prior school year. 

    Requires the Commission to adopt rules and fees in accordance with the new Article by February 15, 2022, and authorizes the Commission to adopt temporary rules for use in the 2022-23 school year pursuant to the Administrative Procedure Act. Requires the Commission to provide information to all public school units on adopted rules and fees by February 28, 2022. 

    Directs the State Board to appoint appeals boards to provide initial and final decisions on appeals of a decision related to the application of student participation rules for high school interscholastic athletic activities. Provides qualifications for appeals boards members, including being an employee of a public school unit. Provides for four-year terms, member expenses and vacancies. Requires appointment of a Student Athletic Participation Initial Appeal Board and a Student Athletic Participation Final Appeal Board, with further member qualifications and appeals procedures specified for each. Details notice requirements related to the application of student participation rules. Specifies the appeals procedure for a school or student to appeal an application of the student participation rules by the Director of the Commission, including an initial appeal before a three-member panel and a final appeal before the Student Athletic Participation Final Appeal Board (decided en banc, by the eight-member Board). Provides for notice of appeals boards' decisions. Directs the State Board to adopt procedural rules for appeals consistent with seven specified parameters, including the right to be represented by a nonattorney advocate and the right to present evidence. Allows for virtual hearings in the discretion of the reviewing entity. Requires the State Board to make appointments to both appeals boards by March 1, 2022. Provides for staggered terms of initial appointees. 

    Directs the Commission to appoint an eight-member Interscholastic Athletic Gameplay Appeal Board to provide initial decisions on appeals of a decision related to the application of gameplay rules, composed of one member from each of the eight education districts who meets specified qualifications, including being an employee of a public school unit. Provides for four-year terms, member expenses and vacancies. Requires recusal from appeals related to schools located in the member's education district. Details notice requirements related to the application of gameplay rules. Specifies the appeals procedure for a school or student to appeal an application of gameplay rules, including an initial appeal to the Gameplay Appeal Board and the opportunity to appeal the Gameplay Appeal Board's panel decision to the Commission. Directs the Commission to adopt procedural rules for appeals consistent with seven specified parameters, including the right to be represented by a nonattorney advocate and the right to present evidence. 

    Mandates each public school unit with one or more participating schools to annually report the specified categories of information for the three school years completed prior to July 15 to the State Board regarding amounts spent on and received from interscholastic athletic activities. Directs the State Board to provide a summary of the reports by public school units and a copy of each public school unit report to the specified NCGA committee no later than October 15 annually. Requires all public school units to submit the first annual interscholastic athletic report to the State Board by July 15, 2023, and include data from the 2018-19, 2019-20, 2020-21, 2021-22, and 2022-23 school years. 

    Requires the State Board to review and adopt new or revised rules on interscholastic athletics in accordance with the new Article by January 31, 2022, and authorizes the adoption of temporary rules for use in the 2022-23 school year pursuant to the Administrative Procedure Act. 

    Bars the State Board from designating the North Carolina High School Athletic Association (NCHSAA) to apply and enforce the State Board's rules governing participation in interscholastic athletic activities at the high school level for the 2021-22 school year unless the NCHSAA agrees to discontinue all financial penalties for rules violations for participating schools during the 2021-22 school year through a memorandum of understanding (MOU) by August 15, 2021. Requires the State Board to direct DPI to apply and enforce its rules for the 2021-22 school year in the event NCHSAA is not designated or elects to not be the designee, whereby DPI must apply and enforce the existing rules as of July 1, 2021, and the existing rules and policies adopted by the NCHSAA as of July 1, 2021, for the 2021-22 school year, except for any financial penalties for rules violations for participating schools for the 2021-22 school year. Authorizes the State Board to charge participating schools fees to cover administrative costs for 2021-22. Allows the State Board to use fees collected from participating schools to contract with an independent contractor with experience in managing athletics competitions for students of high school age to assist with administration of interscholastic athletic activities for the 2021-22 school year.

    Bars public school units from paying dues to the NCHSAA for the 2021-22 school year prior to the date the NCHSAA enters into a MOU with the State Board as described. Explicitly provides for authorized participation in interscholastic athletic activities by public school units as specified, limited to: (1) activities regulated by either the NCHSAA operating under a MOU with the State Board, or DPI, for the 2021-22 school year; and (2) activities regulated by the State Board and the Commission beginning with the 2022-23 school year. 

    Directs the Commission to study (1) whether the Commission should be responsible for overseeing the conduct of middle school interscholastic athletics for public school units, and (2) factors that should be considered in home school students' participation in interscholastic athletics. Specifies required considerations and workgroups for study input. Directs the Commission to report to the State Board and the specified NCGA committee by April 1, 2022. 

    Part II.

    Makes conforming changes to the following statutes to provide for the enactment of new Article 29E to GS Chapter 115C, and repeal redundant language substantively transferred to or replaced by the new Article: GS 115C-12(23) (regarding the State Board's power to adopt eligibility rules for interscholastic athletic competition, now applicable to public school units rather than local boards); GS 115C-47(4) (regarding local boards' power to regulate extracurricular activities); and GS 115C-366(f) (regarding student transfers between local school administrative units). Adds to GS 115C-47(4) to explicitly restrict local boards to participation in interscholastic athletic activities regulated by the Commission if the Commission has adopted gameplay rules for that sport. 

    Enacts new GS 116-235(b)(4) to require the NC School of Science and Math to conduct any program of interscholastic athletics it elects to provide in accordance with rules adopted by the State Board and the Commission pursuant to new Article 29E, GS Chapter 115C. Similarly restricts the School to participation in interscholastic athletic activities regulated by the Commission if the Commission has adopted gameplay rules for that sport. 

    Makes conforming changes to GS 126-5 to add the Director of the Commission to those exempt from the State Human Resources Act, except for certain Articles related to equal employment and personnel record privacy. 

    Repeals GS 143-291(c), which deems the NCHSAA a State agency for purposes of Article 31, governing liability in tort claims against State departments and agencies. 

    Makes the above provisions effective July 1, 2022.

    Part III.

    Effective July 1, 2021, amends Section 5.3(e) of SL 2017-57, as amended, expanding the authorized uses of grant funds from the Needs-Based Public School Capital Fund (funded with revenues collected by the NC Education Lottery) to include the construction of school athletic facilities by recipient counties (was, limited to new school buildings only). 

    Part IV.

    States legislative intent to provide funding to establish the Commission and its initial personnel costs for 2021-22.


  • Summary date: Mar 11 2021 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends proposed Article 43, Behavior Analyst Licensure, of GS Chapter 90, as follows. Modifies the Article's defined terms. Eliminates behavior analysis as a defined term. Changes certifying entity to no longer specify that the Behavior Analyst Certification Board is nationally accredited. Modifies licensed assistant behavior analyst to now require supervision by a licensed behavior analyst in NC who is approved by the certifying entity to supervise assistant behavior analysts (previously did not specify that the supervising behavior analyst needs to be approved by the certifying entity for supervision). Now defines practice of behavior analysis to include the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior (previously defined to include the empirical identification of functional relations between behavior and environmental factors known as functional assessment and analysis) and exclude any kind of psychological evaluation, diagnosis or intervention, including but not limited to psychological and neuropsychological testing, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities (previously defined to more specifically exclude psychological testing, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities). 

    Modifies the staggered terms provided for NC Behavior Analysis Board (Board) members, now requiring all legislatively appointed members to serve three-year terms, and all gubernatorially appointed members to serve two-year terms (previously, the member appointed by the President Pro Tempore of the Senate was for a two-year term, and the behavior analyst and public member appointed by the Governor were for a three-year term).

    Simplifies the requirements for licensure as a behavior analyst and assistant behavior analyst to require applicants to meet the qualifications set by the Board and provide an official verification letter by the certifying entity, with assistant behavior analysts also required to provide that the applicant has an ongoing arrangement for supervision by a licensed behavior analyst as specified. Removes the statutory requirements for age and examination. Makes conforming changes to the provisions regarding license renewal and reciprocity to refer to proof of certification by presenting an official verification letter by the certifying entity. No longer includes the statutory requirement for proof of completing required continuing education when applying for license renewal. 

    Modifies the grounds for disciplinary action as follows. Now provides for disciplinary action following the revocation or suspension of a certification by the certifying entity for the practice of behavior analysis in any other jurisdiction or having been disciplined by the licensing board or certifying entity for conduct that would subject the licensee to discipline under the Article (previously for the revocation or suspension of a license for the practice of behavior analysis in any other jurisdiction or having been disciplined by the licensing board or certifying entity in any other jurisdiction for conduct which would subject the licensee to discipline). Modifies the disciplinary grounds involving failure to maintain clear and accurate patient or client records to include documentation of the purpose of the evaluation, treatment, or other services provided rather than the presenting problems, diagnosis, and purpose of the evaluation, treatment, or other services provided. 

    Regarding required criminal history checks of licensure applicants, requires the Board to ensure that each applicant has completed a criminal history record check and fingerprinting by the NC Department of Justice (DOJ), consenting to the check and use of fingerprints and other identifying information required (previously deemed the Board responsible for providing to the DOJ the applicant's fingerprints to be checked, a form signed by the applicant consenting to the criminal history record check and the use of fingerprints and other identifying information required). Now permits rather than requires the Board to collect fees required by DOJ.

    Modifies the eight exemptions explicitly excluded from the scope of the Article to include an individual who is a matriculated college or university student or a postdoctoral fellow whose applied behavior analysis activities are a part of a defined program of study, course, practicum, internship, or fellowship and are directly supervised by a licensed behavior analyst in this jurisdiction or a qualified faculty member, so long as the individual does not represent him or herself as a professional and use a title that clearly indicates trainee status (previously this exemption applied to activities part of a defined college or university course program of study, practicum, or intensive practicum, so long as the individual is under direct supervision of a licensed behavior analyst, an instructor in a course sequence approved by the certifying entity, or a qualified faculty member.

    Makes further technical changes. 


  • Summary date: Feb 23 2021 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes organizational and clarifying changes to GS 90‑726.2.  Makes a clarifying change in GS 90‑726.3. 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 - More information

    Identical to S 103, filed 2/16/21.

    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.


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