Bill Summary for H 714 (2015-2016)

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Summary date: 

Jun 10 2015

Bill Information:

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

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Bill 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.