Florida Senate - 2014 CS for SB 1212
By the Committee on Health Policy; and Senator Bean
588-03591-14 20141212c1
1 A bill to be entitled
2 An act relating to behavior analysts; creating ch.
3 470, F.S.; entitling the chapter; creating s. 470.40,
4 F.S.; providing a purpose; creating s. 470.41, F.S.;
5 defining terms; creating s. 470.415, F.S.; creating
6 the Board of Applied Behavior Analysis; creating s.
7 470.42, F.S.; specifying the authority and duties of
8 the board; creating s. 470.43, F.S.; providing
9 requirements for licensure and renewal; creating s.
10 470.44, F.S.; establishing maximum fees for
11 applications, initial licenses, and license renewals;
12 providing for the deposit of funds; creating s.
13 470.45, F.S.; providing grounds for disciplinary
14 action by the board; creating s. 470.46, F.S.;
15 providing penalties for practicing applied behavior
16 analysis without a license or wrongfully identifying
17 oneself as a licensed behavior analyst; creating s.
18 470.47, F.S.; providing exceptions to applicability of
19 the chapter; amending s. 20.43, F.S.; making the
20 Division of Medical Quality Assurance within the
21 Department of Health responsible for the board;
22 amending s. 456.001, F.S.; including licensed behavior
23 analysts and licensed assistant behavior analysts in
24 the definition of “health care practitioner”; amending
25 s. 456.0135, F.S.; requiring an applicant for
26 licensure under ch. 470, F.S., to submit to certain
27 fingerprinting requirements; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Chapter 470, Florida Statutes, is created and
33 entitled “Behavior Analysts.”
34 Section 2. Section 470.40, Florida Statutes, is created to
35 read:
36 470.40 Purpose.—The practice of applied behavior analysis
37 in this state affects the public health, safety, and welfare of
38 its residents, and this act is intended to protect the public
39 from any harmful conduct of unqualified, unprofessional, or
40 unethical applied behavior analysts.
41 Section 3. Section 470.41, Florida Statutes, is created to
42 read:
43 470.41 Definitions.—As used in this chapter, the term:
44 (1) “Applied behavior analysis” means the design,
45 implementation, and evaluation of instructional and
46 environmental modifications to produce socially significant
47 improvements in human behavior and includes functional
48 assessment and analysis. The term does not include psychological
49 testing, the diagnosis of a mental or physical disorder,
50 neuropsychology, psychotherapy, cognitive therapy, sex therapy,
51 psychoanalysis, hypnotherapy, or long-term counseling.
52 (2) “Board” means the Board of Applied Behavior Analysis
53 established in s. 470.415, except when the term is used in the
54 context of board certification.
55 (3) “Board-certified behavior analyst” means a practitioner
56 who is certified as a Board Certified Behavior Analyst, or is
57 recognized as a “Florida-certified behavior analyst,” by the
58 national Behavior Analyst Certification Board (BACB), or its
59 successor pursuant to s. 470.42.
60 (4) “Board-certified assistant behavior analyst” means a
61 practitioner who is certified by the national Behavior Analyst
62 Certification Board, or its successor pursuant to s. 470.42, as
63 a Board Certified Assistant Behavior Analyst.
64 (5) “Department” means the Department of Health.
65 (6) “Licensed behavior analyst” means an individual who is
66 licensed by the board and meets the requirements of this
67 chapter.
68 (7) “Licensed assistant behavior analyst” means an
69 individual who:
70 (a) Is licensed by the board as an assistant behavior
71 analyst and meets the requirements of this chapter; and
72 (b) Works under the supervision of a licensed behavior
73 analyst.
74 Section 4. Section 470.415, Florida Statutes, is created to
75 read:
76 470.415 Board of Applied Behavior Analysis.—
77 (1) The Board of Applied Behavior Analysis is created
78 within the department. The board consists of seven members who
79 must be appointed by the Governor and confirmed by the Senate.
80 (2) The initial board members, who are not required to be
81 licensed as a condition of appointment, shall be appointed as
82 follows:
83 (a) Three board-certified behavior analysts, which may
84 include board-certified behavior analysts who are at the
85 doctoral level, two of whom shall be selected from a list of six
86 nominations submitted by the Florida Association for Behavior
87 Analysis. One shall be appointed to a 1-year term, and two shall
88 be appointed to 3-year terms;
89 (b) One board-certified assistant behavior analyst, who
90 shall be appointed to a 1-year term;
91 (c) One health care practitioner licensed in this state,
92 who shall be appointed to a 2-year term. The majority of the
93 appointed health care practitioner’s practice must be related to
94 the treatment of behavior disorders, including, but not limited
95 to, autism spectrum disorders; and
96 (d) Two laypersons, who may include a parent or guardian of
97 an individual who is a recipient of applied behavior analysis
98 services, one of whom shall serve a 1-year term, and one of whom
99 shall serve a 2-year term.
100 (3) As the terms of the initial members expire, the
101 Governor shall appoint successors for 4-year terms. Each
102 successor, except for the laypersons, must be licensed. A member
103 may not serve more than two consecutive terms.
104 Section 5. Section 470.42, Florida Statutes, is created to
105 read:
106 470.42 Authority of the board; board duties; authority of
107 the department.—
108 (1) The board may adopt rules pursuant to ss. 120.536(1)
109 and 120.54 to implement the provisions of this chapter
110 conferring duties upon it. Such rules must include, but are not
111 limited to, rules relating to all of the following:
112 (a) Standards of practice for licensed behavior analysts
113 and licensed assistant behavior analysts.
114 (b) Supervision of licensed assistant behavior analysts or
115 students in training to be licensed behavior analysts, including
116 the number of persons that a licensed behavior analyst or
117 licensed assistant behavior analyst may supervise at one time.
118 (2) If the Behavior Analyst Certification Board stops
119 certifying practitioners of applied behavior analysis in this
120 state, the board shall approve a successor certification board
121 that is accredited by the National Commission for Certifying
122 Agencies or the American National Standards Institute to certify
123 applied behavior analysts.
124 (3) The department may adopt rules pursuant to ss.
125 120.536(1) and 120.54 to implement the provisions of this
126 chapter conferring duties upon it. Such rules must include, but
127 are not limited to, rules relating to all of the following:
128 (a) Licensure and licensure renewal applications and
129 processes, including licensure fees.
130 (b) Educational qualifications for licensure.
131 (c) Continuing education requirements for biennial renewal
132 of licensure not to exceed 30 hours biennially as a condition
133 for renewal of a license.
134 Section 6. Section 470.43, Florida Statutes, is created to
135 read:
136 470.43 Licensure and renewal.—
137 (1) A person applying for an initial or renewal license as
138 a licensed behavior analyst or licensed assistant behavior
139 analyst shall apply to the department on such form and in such
140 manner as the department prescribes. The person shall furnish
141 evidence to the department that he or she:
142 (a) Is a board-certified behavior analyst;
143 (b) Has paid the licensure fee or the biennial renewal fee;
144 and
145 (c) Has passed a criminal background check after submitting
146 fingerprints and a fee pursuant to s. 456.0135.
147 (2) A person applying for an initial or renewal license as
148 an assistant behavior analyst shall apply to the department upon
149 such form and in such manner as the department prescribes and
150 shall furnish evidence to the department that such person:
151 (a) Is a board-certified assistant behavior analyst;
152 (b) Is supervised by a licensed behavior analyst in a
153 manner consistent with BACB requirements and this chapter;
154 (c) Has paid the licensure fee or the biennial renewal fee;
155 and
156 (d) Has passed a criminal background check after submitting
157 fingerprints and a fee pursuant to s. 456.0135.
158 (3) The board may issue a license to a person who holds an
159 active license as a behavior analyst or assistant behavior
160 analyst in another state if the person:
161 (a) Submits proof of licensure and board certification;
162 (b) Passes a criminal background check after submitting
163 fingerprints and a fee pursuant to s. 456.0135; and
164 (c) Pays the licensure fee.
165 Section 7. Section 470.44, Florida Statutes, is created to
166 read:
167 470.44 Fees.—
168 (1) The board shall establish by rule a fee not to exceed
169 $100 for an application and a fee not to exceed $300 for an
170 initial license or license renewal.
171 (2) All moneys collected by the department under this
172 chapter shall be deposited as provided under s. 456.025.
173 Section 8. Section 470.45, Florida Statutes, is created to
174 read:
175 470.45 Disciplinary grounds and actions.—The board may
176 enter an order imposing any of the penalties provided under s.
177 456.072(2) against a licensee who violates any provision of s.
178 456.072(1).
179 Section 9. Section 470.46, Florida Statutes, is created to
180 read:
181 470.46 Violations and penalties.—
182 (1) Unless licensed or authorized under this chapter, a
183 person who engages in the practice of applied behavior analysis,
184 assists in the practice of applied behavior analysis, renders
185 services designated as applied behavior analysis, or represents
186 himself or herself as a practitioner of applied behavior
187 analysis in this state commits a felony of the third degree,
188 punishable as provided under s. 775.082, s. 775.083, or s.
189 775.084.
190 (2) Unless licensed or authorized under this chapter, a
191 person who uses the title “licensed behavior analyst,” “licensed
192 assistant behavior analyst,” or any other title that is
193 substantially similar commits a misdemeanor of the second
194 degree, punishable as provided in s. 775.082 or s. 775.083.
195 Section 10. Section 470.47, Florida Statutes, is created to
196 read:
197 470.47 Exceptions to applicability.—This chapter does not
198 prohibit or restrict the practice of the following:
199 (1) An individual licensed under chapter 490 to practice
200 psychology.
201 (2) A certified teacher authorized to practice in this
202 state who is not a behavior analyst if he or she does not
203 represent himself or herself as a behavior analyst. The services
204 provided by a certified teacher must be within his or her
205 authorized scope of practice and within the scope of his or her
206 education, training, and experience and must be provided in the
207 course of his or her employment in a program approved by the
208 Department of Education. Teaching assistants, other than those
209 engaged in pupil personnel services, and student support
210 professionals are exempt from the requirements of this chapter
211 if they provide applied behavior analysis services under the
212 supervision of a certified teacher who meets the requirements of
213 this paragraph.
214 (3) A behavior analyst who practices with nonhuman clients,
215 including, but not limited to, applied animal behaviorists and
216 animal trainers.
217 (4) An individual who teaches applied behavior analysis or
218 who conducts behavior analytic research if such teaching or
219 research does not involve the delivery of applied behavior
220 analysis.
221 (5) A matriculated college or university student or
222 postdoctoral fellow whose activities are part of a defined
223 behavior analysis program of study, practicum, or intensive
224 practicum if his or her practice under this subsection is
225 directly supervised by a licensed behavior analyst or an
226 instructor of an accredited course sequence approved by the
227 Behavior Analyst Certification Board (BACB). A student or intern
228 may not represent himself or herself as a professional behavior
229 analyst but may use a title indicating his or her trainee
230 status, such as “behavior analyst student,” “behavior analyst
231 intern,” or “behavior analyst trainee.”
232 (6) An unlicensed individual pursuing supervised
233 experiential training to meet eligibility requirements for BACB
234 certification if such training is supervised by an individual
235 who is licensed to practice applied behavior analysis and who
236 meets BACB supervisor requirements and if the supervised
237 experiential training is conducted in accordance with other BACB
238 standards and requirements.
239 (7) A board-certified behavior analyst, a doctoral level
240 board-certified behavior analyst, or an individual licensed to
241 practice applied behavior analysis in another state who resides
242 in another state and provides applied behavior analysis in this
243 state or to a resident of this state for less than 12 days per
244 year.
245 (8) A family member of a recipient of applied behavior
246 analysis services who implements certain procedures with the
247 recipient. Such a family member may not represent himself or
248 herself as a professional behavior analyst.
249 (9) A behavior analyst who provides general behavior
250 analysis services to organizations if the services are for the
251 benefit of the organizations and do not involve direct services
252 to individuals.
253 (10) A physician licensed pursuant to chapter 458 or
254 chapter 459.
255 (11) An occupational therapist licensed pursuant to chapter
256 468 if he or she does not represent himself or herself as a
257 behavior analyst.
258 (12) An individual licensed pursuant to chapter 491 as a
259 clinical social worker, marriage and family therapist, or mental
260 health counselor.
261 (13) A salaried employee of a private, nonprofit
262 organization providing behavior analysis services to children,
263 youth, and families if the services are provided for no charge,
264 the employee is performing duties for which he or she was
265 trained and hired, and the employee does not represent himself
266 or herself as a professional behavior analyst.
267 (14) A school psychologist certified in school psychology
268 by the Department of Education who performs behavior analysis
269 services as an employee of a public or private educational
270 institution. Such exemption does not authorize unlicensed
271 practice that is not performed directly as an employee of an
272 educational institution.
273 (15) A rabbi, priest, minister, or member of the clergy of
274 a religious denomination or sect if engaging in activities that
275 are within the scope of the performance of his or her regular or
276 specialized ministerial duties and for which no separate fee is
277 charged, or if such activities are performed, with or without a
278 fee, for or under the auspices or sponsorship, individually or
279 in conjunction with others, of an established and legally
280 cognizable church, denomination, or sect; and if the person
281 rendering service remains accountable to the established
282 authority thereof.
283 Section 11. Paragraph (g) of subsection (3) of section
284 20.43, Florida Statutes, is amended to read:
285 20.43 Department of Health.—There is created a Department
286 of Health.
287 (3) The following divisions of the Department of Health are
288 established:
289 (g) Division of Medical Quality Assurance, which is
290 responsible for the following boards and professions established
291 within the division:
292 1. The Board of Acupuncture, created under chapter 457.
293 2. The Board of Medicine, created under chapter 458.
294 3. The Board of Osteopathic Medicine, created under chapter
295 459.
296 4. The Board of Chiropractic Medicine, created under
297 chapter 460.
298 5. The Board of Podiatric Medicine, created under chapter
299 461.
300 6. Naturopathy, as provided under chapter 462.
301 7. The Board of Optometry, created under chapter 463.
302 8. The Board of Nursing, created under part I of chapter
303 464.
304 9. Nursing assistants, as provided under part II of chapter
305 464.
306 10. The Board of Pharmacy, created under chapter 465.
307 11. The Board of Dentistry, created under chapter 466.
308 12. Midwifery, as provided under chapter 467.
309 13. The Board of Speech-Language Pathology and Audiology,
310 created under part I of chapter 468.
311 14. The Board of Nursing Home Administrators, created under
312 part II of chapter 468.
313 15. The Board of Occupational Therapy, created under part
314 III of chapter 468.
315 16. Respiratory therapy, as provided under part V of
316 chapter 468.
317 17. Dietetics and nutrition practice, as provided under
318 part X of chapter 468.
319 18. The Board of Athletic Training, created under part XIII
320 of chapter 468.
321 19. The Board of Orthotists and Prosthetists, created under
322 part XIV of chapter 468.
323 20. The Board of Applied Behavior Analysis, created under
324 chapter 470.
325 21.20. Electrolysis, as provided under chapter 478.
326 22.21. The Board of Massage Therapy, created under chapter
327 480.
328 23.22. The Board of Clinical Laboratory Personnel, created
329 under part III of chapter 483.
330 24.23. Medical physicists, as provided under part IV of
331 chapter 483.
332 25.24. The Board of Opticianry, created under part I of
333 chapter 484.
334 26.25. The Board of Hearing Aid Specialists, created under
335 part II of chapter 484.
336 27.26. The Board of Physical Therapy Practice, created
337 under chapter 486.
338 28.27. The Board of Psychology, created under chapter 490.
339 29.28. School psychologists, as provided under chapter 490.
340 30.29. The Board of Clinical Social Work, Marriage and
341 Family Therapy, and Mental Health Counseling, created under
342 chapter 491.
343 31.30. Emergency medical technicians and paramedics, as
344 provided under part III of chapter 401.
345 Section 12. Subsection (4) of section 456.001, Florida
346 Statutes, is amended to read:
347 456.001 Definitions.—As used in this chapter, the term:
348 (4) “Health care practitioner” means any person licensed
349 under chapter 457; chapter 458; chapter 459; chapter 460;
350 chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
351 chapter 466; chapter 467; part I, part II, part III, part V,
352 part X, part XIII, or part XIV of chapter 468; chapter 470;
353 chapter 478; chapter 480; part III or part IV of chapter 483;
354 chapter 484; chapter 486; chapter 490; or chapter 491.
355 Section 13. Section 456.0135, Florida Statutes, is amended
356 to read:
357 456.0135 General background screening provisions.—
358 (1) An application for initial licensure received on or
359 after January 1, 2013, under chapter 458, chapter 459, chapter
360 460, chapter 461, chapter 464, or s. 465.022, or chapter 470
361 shall include fingerprints pursuant to procedures established by
362 the department through a vendor approved by the Department of
363 Law Enforcement and fees imposed for the initial screening and
364 retention of fingerprints. Fingerprints must be submitted
365 electronically to the Department of Law Enforcement for state
366 processing, and the Department of Law Enforcement shall forward
367 the fingerprints to the Federal Bureau of Investigation for
368 national processing. Each board, or the department if there is
369 no board, shall screen the results to determine if an applicant
370 meets licensure requirements. For any subsequent renewal of the
371 applicant’s license that requires a national criminal history
372 check, the department shall request the Department of Law
373 Enforcement to forward the retained fingerprints of the
374 applicant to the Federal Bureau of Investigation.
375 (2) All fingerprints submitted to the Department of Law
376 Enforcement as required under subsection (1) shall be retained
377 by the Department of Law Enforcement as provided under s.
378 943.05(2)(g) and (h) and (3). The department shall notify the
379 Department of Law Enforcement regarding any person whose
380 fingerprints have been retained but who is no longer licensed.
381 (3) The costs of fingerprint processing, including the cost
382 for retaining fingerprints, shall be borne by the applicant
383 subject to the background screening.
384 Section 14. This act shall take effect January 1, 2015.