Florida Senate - 2021 SB 1794
By Senator Bracy
11-01497A-21 20211794__
1 A bill to be entitled
2 An act relating to applied behavior analysis services;
3 amending s. 400.9905, F.S.; revising the definition of
4 the term “clinic” to exempt certain groups of
5 individuals providing applied behavior analysis
6 services from health care clinic licensure
7 requirements; amending s. 1003.572, F.S.; revising the
8 definition of the term “private instructional
9 personnel” to include certain registered behavior
10 technicians; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Present paragraphs (o), (p), and (q) of
15 subsection (4) of section 400.9905, Florida Statutes, are
16 redesignated as paragraphs (p), (q), and (r), respectively, and
17 a new paragraph (o) is added to that subsection, to read:
18 400.9905 Definitions.—
19 (4) “Clinic” means an entity where health care services are
20 provided to individuals and which tenders charges for
21 reimbursement for such services, including a mobile clinic and a
22 portable equipment provider. As used in this part, the term does
23 not include and the licensure requirements of this part do not
24 apply to:
25 (o) A group of individuals who are certified under s.
26 393.17 or licensed under chapter 490 or chapter 491 and are
27 employed by or under contract with a group practice, a billing
28 provider, or an agency that provides applied behavior analysis
29 services as defined in ss. 627.6686 and 641.31098.
30
31 Notwithstanding this subsection, an entity shall be deemed a
32 clinic and must be licensed under this part in order to receive
33 reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
34 627.730-627.7405, unless exempted under s. 627.736(5)(h).
35 Section 2. Present paragraphs (b) through (f) of subsection
36 (1) of section 1003.572, Florida Statutes, are redesignated as
37 paragraphs (c) through (g), respectively, and a new paragraph
38 (b) is added to that subsection, to read:
39 1003.572 Collaboration of public and private instructional
40 personnel.—
41 (1) As used in this section, the term “private
42 instructional personnel” means:
43 (b) Registered behavior technicians who have a nationally
44 recognized paraprofessional certification in behavior analysis
45 and who practice under the supervision of an individual
46 described in paragraph (a), assisting and supporting such
47 individual in the provision of applied behavior analysis
48 services.
49 Section 3. This act shall take effect July 1, 2021.