House committee substitute to the 1st edition makes the following changes.
Modifies proposed Article 43, Behavior Analyst Licensure, to GS Chapter 90 as follows.
Now includes in the definition of behavior technician a paraprofessional who delivers applied behavior analysis services and who practices under the close, ongoing supervision of a licensed behavior analyst, licensed assistant behavior analyst, or other professional licensed under GS Chapter 90 or 90B (previously did not include delivering behavioral analysis services and did not include supervision by other professionals licensed under GS Chaper 90 or 90B). Adds that the licensed professional's services must be within the scope of the license possessed by the licensed professional and the services performed commensurate with the licensed professional's education, training, and experience. Additionally modifies the exemption from licensure under the Article for behavior technicians, now exempting behavior technicians delivering applied behavior analysis services under the extended authority and discretion of a licensed behavior analyst, licensed assistant behavior analyst, or other licensed professional under GS Chapter 90 or 90B within the scope of the licensed professional's practice, education, training, and experience. Prohibits the behavior technician from designing assessment or intervention plans or procedures, but allows the technician to deliver services assigned by a supervisor responsible for the behavior technician's work. Removes the previous provisions which required behavior technicians to use titles indicating nonprofessional status and prohibited representing him- or herself as a licensed professional.
Modifies the membership of the NC Behavior Analysis Board, decreasing membership from seven to five members, with 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 (was, one public member appointed by the Governor and three certified analysts each upon recommendation of the Speaker and President Pro Tem.). Provides for appointment by the Governor of one certified behavior analyst to serve a three-year term, one certified assistant behavior analyst to serve a two-year term, and one public member to serve a one-year term who is not required to be licensed. Provides for legislative appointment of two certified behavior analysts, with the analyst recommended by the Speaker serving a three-year term and the analyst recommend by the President Pro Tem. serving a two-year term. Makes conforming changes.
Bill H 671 (2019-2020)Summary date: May 23 2019 - More information
Bill H 671 (2019-2020)Summary date: Apr 10 2019 - More information
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, 2020, makes violations of the Article a Class 2 misdemeanor. Establishes the NC Behavior Analysis Board (Board), with seven members (one appointed by the Governor and three 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 90-270.4. Enacts GS 8-53.14 governing the confidentiality of communications between a behavior analyst and their client or patient.
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