REDUCE REG. TO HELP CHILDREN WITH AUTISM.

View NCGA Bill Details2021-2022 Session
House Bill 91 (Public) Filed Tuesday, February 16, 2021
AN ACT TO REDUCE UNNECESSARY REGULATORY CONSTRAINTS FOR APPLIED BEHAVIOR ANALYSIS.
Intro. by Bell, Lambeth, K. Baker, Saine.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 18 2021)
H 91

Bill Summaries:

  • 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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