SB-1015, As Passed Senate, September 21, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1015

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 16343a and part 182A.

 

 

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 16343a. Fees for an individual who is licensed or seeking

 

 2  licensure to engage in the practice of applied behavior analysis,

 

 3  or to engage in practice as an assistant behavior analyst, under

 

 4  part 182A are as follows:

 

 

 5

     (a) Application processing fee..................... $ 75.00

 6

     (b) License fee, per year..........................   90.00

 

 

 7                            PART 182A

 


 1                    APPLIED BEHAVIOR ANALYSIS

 

 2        Sec. 18251. (1) As used in this part:

 

 3        (a) "Applied behavior analysis services" means services

 

 4  provided to clients that are included in the practice of applied

 

 5  behavior analysis.

 

 6        (b) "Assistant behavior analyst" means an individual who is

 

 7  licensed or otherwise authorized under this part to engage in

 

 8  practice as an assistant behavior analyst.

 

 9        (c) "BACB" means the Behavior Analyst Certification Board, a

 

10  nonprofit corporation that is exempt from taxation under section

 

11  501(c)(3) of the internal revenue code of 1986, 26 USC 501, or its

 

12  successor, as determined by the board.

 

13        (d) "Behavior analyst" means an individual who is licensed or

 

14  otherwise authorized under this part to engage in the practice of

 

15  applied behavior analysis.

 

16        (e) "Behavior technician" means an individual who is not

 

17  licensed or authorized to practice a profession under this part and

 

18  who delivers applied behavior analysis services under the

 

19  delegation and supervision of a behavior analyst and meets the

 

20  requirements of section 18263.

 

21        (f) "Listed offense" means that term as defined in section 2

 

22  of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

23        (g) "Other certification board" means a nationally recognized

 

24  behavior analysis certification board approved by the department by

 

25  rule.

 

26        (h) "Practice as an assistant behavior analyst" means the

 

27  practice of applied behavior analysis under the supervision of a


 1  behavior analyst.

 

 2        (i) "Practice of applied behavior analysis" means the design,

 

 3  implementation, and evaluation of instructional and environmental

 

 4  modifications to produce socially significant improvements in human

 

 5  behavior. All of the following apply for purposes of this

 

 6  subdivision:

 

 7        (i) Practice of applied behavior analysis includes all of the

 

 8  following:

 

 9        (A) The empirical identification of functional relations

 

10  between behavior and environmental factors, known as functional

 

11  assessment and analysis.

 

12        (B) Applied behavior analysis interventions that are based on

 

13  scientific research and the direct observation and measurement of

 

14  behavior and the environment.

 

15        (C) The utilization of contextual factors, motivating

 

16  operations, antecedent stimuli, or positive reinforcement.

 

17        (D) The utilization of other consequences to help individuals

 

18  develop new behaviors, increase or decrease existing behaviors, and

 

19  emit behaviors under specific environmental conditions.

 

20        (ii) The practice of applied behavior analysis does not

 

21  include any of the following:

 

22        (A) The practice of medicine, the practice of osteopathic

 

23  medicine and surgery, or medical diagnosis or treatment.

 

24        (B) The practice of speech-language pathology.

 

25        (C) The practice of physical therapy.

 

26        (D) The practice of occupational therapy.

 

27        (E) Psychological testing, including standardized testing for


 1  intelligence or personality.

 

 2        (F) Diagnosis of a mental or physical impairment.

 

 3        (G) The practice of neuropsychology, psychotherapy, cognitive

 

 4  therapy, sex therapy, psychoanalysis, hypnotherapy, or counseling

 

 5  as treatment modalities.

 

 6        (j) "Rules" means rules promulgated by the department in

 

 7  consultation with the board under this part.

 

 8        (2) In addition to the definitions in this part, article 1

 

 9  contains general definitions and principles of construction

 

10  applicable to all articles in this code and part 161 contains

 

11  definitions applicable to this part.

 

12        Sec. 18253. (1) Beginning 1 year after the effective date of

 

13  the rules promulgated under sections 18257 and 18259 for licensure

 

14  under this part, an individual shall not use the titles "licensed

 

15  behavior analyst", "l.b.a.", "licensed assistant behavior analyst",

 

16  "l.a.b.a.", or similar words or letters that indicate that he or

 

17  she is licensed as a behavior analyst or assistant behavior analyst

 

18  unless the individual is licensed or otherwise authorized under

 

19  this part. The department shall provide for a 4-year license cycle.

 

20        (2) Beginning 1 year after the effective date of the rules

 

21  promulgated under sections 18257 and 18259 for licensure under this

 

22  part, an individual shall not engage in the practice of applied

 

23  behavior analysis or practice as an assistant behavior analyst

 

24  unless licensed or otherwise authorized under this article.

 

25        (3) Subsection (2) does not prevent any of the following:

 

26        (a) Self-care by a patient or uncompensated care by a friend

 

27  or family member who does not represent or hold himself or herself


 1  out to be a behavior analyst or assistant behavior analyst.

 

 2        (b) A behavior technician from implementing a care plan under

 

 3  the delegation and supervision of a behavior analyst.

 

 4        (c) A family member from providing a follow-up home program

 

 5  designed by a behavior analyst.

 

 6        (d) A school-based paraprofessional from implementing an

 

 7  applied behavior analysis intervention under the delegation and

 

 8  supervision of a licensed professional described in subdivision (e)

 

 9  or an authorized professional described in subdivision (f).

 

10        (e) An individual authorized to practice psychology in the

 

11  state under part 182 from providing services included in the

 

12  practice of applied behavior analysis, if the behavior analysis

 

13  services provided by that individual are within his or her

 

14  education, training, and experience.

 

15        (f) An individual who holds a license, certificate,

 

16  registration, or other authorization from this state that

 

17  authorizes him or her to perform 1 or more of the services included

 

18  in the practice of applied behavior analysis, so long as the

 

19  individual does not do any of the following:

 

20        (i) Perform any services included in the practice of applied

 

21  behavior analysis that are not within the scope of practice of his

 

22  or her profession or occupation.

 

23        (ii) Perform any services included in the practice of applied

 

24  behavior analysis that he or she is not qualified by his or her

 

25  education, training, and experience to perform.

 

26        (iii) Represent that he or she is a behavior analyst or

 

27  assistant behavior analyst.


 1        (g) An individual who is a matriculated student at a

 

 2  nationally accredited university approved in rules or who is a

 

 3  postdoctoral fellow from performing activities that are considered

 

 4  under this part to be the practice of applied behavior analysis if

 

 5  the activities are part of a defined behavior analysis program of

 

 6  study or practicum approved in rules and if the student or fellow

 

 7  is directly supervised by an individual who is any of the

 

 8  following:

 

 9        (i) Licensed as a behavior analyst under this part.

 

10        (ii) Appointed as the instructor of a course sequence approved

 

11  by the BACB or other certification board.

 

12        (h) An individual who is not licensed under this part from

 

13  pursuing experience in behavior analysis compatible with the BACB's

 

14  experience requirements for an applied behavior analysis

 

15  credential, if the experience is supervised by an individual who is

 

16  licensed as a behavior analyst under this part.

 

17        (i) An individual from performing activities that are

 

18  considered under this part to be the practice of applied behavior

 

19  analysis if the activities are with nonhuman or nonpatient clients

 

20  or consumers. Individuals described in this subdivision include,

 

21  but are not limited to, applied animal behaviorists and

 

22  practitioners of organizational behavior management.

 

23        (4) The department shall issue a license as a behavior analyst

 

24  to an individual who on or before the effective date of this part

 

25  had a credential as a board certified behavior analyst, or

 

26  conferred for applied behavior analysis by the BACB, and who

 

27  applies for licensure as a behavior analyst by 1 year after the


 1  effective date of the rules promulgated under section 18257.

 

 2        (5) The department shall issue a license as an assistant

 

 3  behavior analyst to an individual who on or before the effective

 

 4  date of this part had a credential as a board certified assistant

 

 5  behavior analyst, conferred for applied behavior analysis by the

 

 6  BACB, who is under the supervision of a behavior analyst, and who

 

 7  applies for licensure as an assistant behavior analyst by 1 year

 

 8  after the effective date of the rules promulgated under section

 

 9  18259.

 

10        Sec. 18257. By 2 years after the effective date of this part,

 

11  the department, in consultation with the board, shall promulgate

 

12  rules that establish the minimum standards for licensure as a

 

13  behavior analyst. For purposes of this section, the department may

 

14  adopt in its rules the professional standards, in whole or in part,

 

15  issued by the BACB or any other nationally recognized professional

 

16  association as its standards under this section.

 

17        Sec. 18259. By 2 years after the effective date of this part,

 

18  the department, in consultation with the board, shall promulgate

 

19  rules that establish the minimum standards for licensure as an

 

20  assistant behavior analyst. For purposes of this section, the

 

21  department may adopt in its rules the professional standards, in

 

22  whole or in part, issued by the BACB or any other nationally

 

23  recognized professional association as its standards under this

 

24  section.

 

25        Sec. 18261. (1) Notwithstanding sections 16221, 16226, and

 

26  16245, the department shall include in rules promulgated under

 

27  sections 18257 and 18259 that an application for a license under


 1  this part will be denied if the applicant's criminal history check

 

 2  required by section 16174 reveals that he or she was convicted of a

 

 3  listed offense, and that a licensee's license will be permanently

 

 4  revoked if he or she is convicted of a listed offense while

 

 5  licensed under this part.

 

 6        (2) The department shall provide an opportunity for a hearing

 

 7  under section 16232 to an individual whose application is denied or

 

 8  whose license is permanently revoked under the rules promulgated

 

 9  under subsection (1).

 

10        Sec. 18263. (1) An individual shall not act as a behavior

 

11  technician in this state unless he or she meets both of the

 

12  following, if applicable:

 

13        (a) Has had a criminal history check conducted and the

 

14  criminal history check does not contain any criminal history record

 

15  information for that individual.

 

16        (b) Beginning 3 years after the effective date of this

 

17  section, has completed a training program that is based on the

 

18  BACB's registered behavior technician task list.

 

19        (2) A behavior technician shall not use words, titles, or

 

20  letters that indicate that he or she is a behavior analyst or an

 

21  assistant behavior analyst or that he or she is engaging in the

 

22  practice of applied behavior analysis or practice as an assistant

 

23  behavior analyst.

 

24        Sec. 18265. In addition to the requirements of part 161, the

 

25  department, in consultation with the board, may promulgate rules to

 

26  require a licensee seeking renewal to do 1 of the following:

 

27        (a) For a licensee seeking renewal of his or her behavior


 1  analyst license, furnish evidence that, during the licensing period

 

 2  immediately preceding the application for renewal, he or she is

 

 3  current on his or her certification by the Behavior Analyst

 

 4  Certification Board or other certification board as a board

 

 5  certified behavior analyst.

 

 6        (b) For a licensee seeking renewal of his or her assistant

 

 7  behavior analyst license, furnish evidence that, during the

 

 8  licensing period immediately preceding the application for renewal,

 

 9  he or she is current on his or her certification by the BACB or

 

10  other certification board as a board certified assistant behavior

 

11  analyst and that he or she is practicing under the supervision of a

 

12  licensed behavior analyst.

 

13        Sec. 18267. This part does not require new or additional third

 

14  party reimbursement or mandated worker's compensation benefits for

 

15  services rendered by an individual licensed as a behavior analyst

 

16  or an assistant behavior analyst under this part.

 

17        Enacting section 1. This amendatory act takes effect 90 days

 

18  after the date it is enacted into law.

 

19        Enacting section 2. This amendatory act does not take effect

 

20  unless Senate Bill No. 1016 of the 98th Legislature is enacted into

 

21  law.