District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0566 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	COUNCIL OF THE DISTRICT OF COLUMBIA
2	2	The John A. Wilson Building
3	3	1350 Pennsylvania Avenue, nw
4	4	Washington, D.C. 20004
5	5
6	6	1
7	7
8	8	Statement of Introduction
9	9	Behavioral Analyst Licensure Amendment Act of 2023
10	10	November 6, 2023
11	11	Today, along with my colleagues, Councilmembers Matthew Frumin, Zachary Parker, Robert
12	12	White, Jr., and Trayon White, Sr., I am introducing the Behavioral Analyst Licensure
13	13	Amendment Act of 2023. This legislation would improve behavioral healthcare in the District by
14	14	establishing the profession of Behavior Analysts (BAs) as a licensed healthcare profession.
15	15	Behavioral Analysts (BAs) play a vital role in providing behavioral healthcare to residents. BAs
16	16	specialize in assessing and addressing complex behavior issues, especially for children with
17	17	autism spectrum disorder. BAs create and implement intervention plans for behavioral-related
18	18	issues, and may provide therapy services in health care clinics, schools, homes, and businesses.
19	19	Some BAs also specialize in trauma-based behavioral analysis, such as with clients with post-
20	20	traumatic stress disorder.
21	21	In neighboring states like Maryland
22	22	1
23	23	and Virginia,
24	24	2
25	25	BAs are licensed, and the profession is
26	26	overseen by licensing boards, providing a framework for ethical practice and quality assurance.
27	27	Similarly, this bill aims to establish the licensure of BAs in the District and would place the
28	28	profession under the oversight of the DC Health Board of Professional Counseling. This
29	29	regulatory structure will not only enhance the professionalism of the field but also expand the
30	30	scope of practice for BAs, enabling them to address a broader range of behavioral and mental
31	31	health challenges. Additionally, it will facilitate insurance reimbursement for behavior analytic
32	32	services, increasing access to care, particularly for children with Medicaid who are facing
33	33	autism-related challenges.
34	34	This legislation recognizes the valuable contributions of BAs in the District’s behavioral
35	35	healthcare system and aims to uplift and standardize the professional requirements and ethics of
36	36	the field. I appreciate the support and input of the DC Association for Behavior Analysis, who
37	37	recognize the need for standardized requirements and ethical practices for their profession and
38	38	worked closely with my office on this legislation.
39	39	I look forward to working with my colleagues to advance this legislation, promoting the well-
40	40	being of residents and enhancing the quality of behavioral healthcare in the District of Columbia.
41	41
42	42	1
43	43	Board of Professional Counselors and Therapists \| Behavior Analyst License
44	44	2
45	45	Board of Medicine \| Behavior Analyst and Assistant Behavior Analyst
46	46	Christina Henderson Committee Member
47	47	Councilmember, At-Large Hospital and Health Equity
48	48	Chairperson, Committee on Health Judiciary and Public Safety
49	49	Transportation and the Environment
50	50
51	51	_____________________________ ___________________________ 1
52	52	Councilmember Zachary Parker Councilmember Christina Henderson 2
53	53	3
54	54	_____________________________ 4
55	55	Councilmember Robert C. White, Jr. _____________________________ 5
56	56	Councilmember Trayon White, Sr.6
57	57	7
58	58	8
59	59	_____________________________ 9
60	60	Councilmember Matthew Frumin 10
61	61	11
62	62	12
63	63	A BILL 13
64	64	14
65	65	_________________________ 15
66	66	16
67	67	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 17
68	68	18
69	69	_________________________ 19
70	70	20
71	71	21
72	72	To amend the District of Columbia Health Occupations Revision Act of 1985 to require the Board 22
73	73	of Professional Counseling to regulate the practice and licensure of behavioral analysts in 23
74	74	the District and to require the licensure of behavioral analysts in the District. 24
75	75	25
76	76	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act 26
77	77	may be cited as the “Behavioral Analyst Licensure Amendment Act of 2023”. 27
78	78	Sec. 2. The Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 28
79	79	6-99; D.C. Official Code § 3–1201.01 et seq.), is amended as follows: 29
80	80	(a) The Table of Contents is amended by adding a new title VII-G to read as follows: 30
81	81	“TITLE VII-G 31
82	82	“CATEGORIES AND QUALIFICATIONS OF BEHAVIORAL ANALYSTS 32
83	83	“Sec. 771. Eligibility requirements and education. 33
84	84	“Sec. 772. Expiration and renewal.”. 34 2
85	85
86	86	(b) Section 101 (D.C. Official Code § 3-1201.01) is amended as follows: 35
87	87	(1) The existing paragraph (9A) is redesignated as paragraph (9B). 36
88	88	(2) A new paragraph (9A) is added to read as follows: 37
89	89	38
90	90	“(9A) “Licensed behavioral analyst” means an individual who is licensed by the 39
91	91	Board of Professional Counseling to practice behavioral analysis.”. 40
92	92	(c) Section 102 (D.C. Official Code § 3-1201.02) is amended as follows: 41
93	93	(1) The existing paragraph (2C-i) is redesignated as paragraph (2C-ii). 42
94	94	(2) A new paragraph (2C-i) is added to read as follows: 43
95	95	“(2C-i) “Practice of behavioral analysis” means the design, implementation, 44
96	96	and evaluation of systemic instructional and environmental modifications to produce socially 45
97	97	significant improvements to human behavior.”. 46
98	98	(d) Section 213 (D.C. Official Code § 3-1202.13) is amended as follows: 47
99	99	(1) Subsection (a) is amended by striking the number “5” and inserting the number “6” 48
100	100	in its place. 49
101	101	(2) Subsection (b) is amended by striking the phrase “, and addiction counseling.” And 50
102	102	inserting the phrase “, addiction counseling, and behavioral analysis.” in its place. 51
103	103	(3) Subsection (d) is amended by striking the phrase “one shall be a consumer 52
104	104	member,” and inserting the phrase “one shall be a consumer member, one shall be a licensed 53
105	105	behavioral analyst,” in its place. 54
106	106	(4) A new subsection (e) is added to read as follows: 55
107	107	“(e)(1) The Board shall issue rules for the licensure and scope of practice of behavior analysis, 56
108	108	which shall include at a minimum: 57 3
109	109
110	110	“(i) A code of ethics for the practice of behavior analysis; 58
111	111	“(ii) Criteria for the educational and clinical training of licensed behavioral 59
112	112	analysts; 60
113	113	“(iii) Criteria for a professional competency examination and testing of 61
114	114	applicants for license to practice behavior analysis; and 62
115	115	“(iv) Continuing education requirements for license renewal. 63
116	116	“(2) The Board shall hold at least 2 public meetings to seek input and feedback from 64
117	117	behavioral analysts and residents served by behavioral analysists before issuing rules. 65
118	118	(e) A new Title VII-G is added to read as follows: 66
119	119	“TITLE VII-G 67
120	120	“CATEGORIES AND QUALIFICATIONS OF BEHAVIORAL ANALYSTS 68
121	121	“Sec. 771. Eligibility requirements and education. 69
122	122	“The Board of Professional Counseling shall license as a behavior analyst a person who, in 70
123	123	addition to meeting the requirements of Title V, has: 71
124	124	“(1) Successfully completed a criminal background check; 72
125	125	“(2) A current certification issued by the Behavior Analyst Certification Board; and 73
126	126	“(3) Received a master’s degree or higher from a behavior analysis educational 74
127	127	program that is accredited by the Behavior Analyst Certification Board; provided, that the Board 75
128	128	shall waive this educational requirement if the applicant was certified by the Behavior Analyst 76
129	129	Certification Board on or before the effective date of this title. 77
130	130	“Sec. 772. Expiration and renewal. 78
131	131	“(a) A license to practice behavioral analysis shall expire on the date set by the Board of 79
132	132	Professional Counseling (“Board”) unless the license is renewed for an additional term. 80 4
133	133
134	134	“(b) At least 2 months before the license expires, the Board shall send to the licensee, by 81
135	135	first-class mail or electronic mail to the last known address of the licensee, a renewal notice that 82
136	136	states: 83
137	137	“(1) The date on which the current license expires; 84
138	138	“(2) The date by which the renewal application must be received by the Board for 85
139	139	renewal to be issued and mailed before the license expires; and 86
140	140	“(c) The Board shall renew the license of each licensee who meets the requirements of this 87
141	141	section. 88
142	142	Sec. 3. Fiscal impact statement. 89
143	143	The Council adopts the fiscal impact statement in the committee report as the fiscal impact 90
144	144	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 91
145	145	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 92
146	146	Sec. 4. Effective date. 93
147	147	This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, 94
148	148	action by the Council to override the veto), a 30-day period of congressional review as provided in 95
149	149	section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 96
150	150	Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia 97
151	151	Register. 98