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.