Bill Summary for H 1157 (2011-2012)

Summary date: 

May 29 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 1157 (Public) Filed Tuesday, May 29, 2012
Intro. by Parfitt, Shepard, Parmon.

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Bill summary

Adds new Article 43, Behavior Analysis Practice Act, to GS Chapter 90. Subjects the practice of behavior analysis in North Carolina to regulation by the North Carolina Psychology Board (Board). 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.” Requires that persons with qualifying educational credentials must apply for licensure and review to the Board and be licensed as behavior analysts before working in behavioral analysis in this state. Requires that a licensed behavior analyst be under face-to-face supervision by a (1) qualified licensed psychologist or (2) a licensed psychological associate. Prohibits a licensed behavior analyst from engaging in the practice of psychology and expressly lists additional areas of practice excluded from the practice of behavioral analysis.

Provides exemptions to the licensure requirements of proposed Article 43. Specifies that the licensure requirements do not prevent the practice of behavior analysis by a North Carolina licensed psychologist or licensed psychological associate.

Charges the Board with administration of the licensing program. Authorizes the Board to carry out the provisions of proposed Article 43 and specifies the powers of the Board in addition to those under GS 90-270.9 (created the North Carolina Psychology Board). Designates the responsibilities of the Board to include providing information on all licensed behavior analysts in its annual report and issuing a behavior analysts license for an application fee. Sets requirements for license renewal or replacement and rules governing disciplinary and remedial actions for violations of the code of conduct, including criteria for denial, suspension, or revocation of license.

Prohibits the practice of behavior analysis or identification as a behavior analyst by any person not licensed under proposed Article 43. Makes violation of proposed GS 90-726.13 (prohibited acts) a Class 2 misdemeanor.

Sets a fee schedule and provides that all fees required under proposed Article 43 are nonrefundable. Confers injunctive authority on the Board. Permits criminal record checks for applicants and licensed behavior analysts.

Effective October 1, 2012.

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