Bill Summary for H 714 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Apr 16 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 714 (Public) Filed Tuesday, April 14, 2015
Intro. by Jeter, McGrady, Shepard, Cotham.

View: All Summaries for BillTracking:

Bill 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.