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Regular Session, 2012
SENATE BILL NO. 185
BY SENATOR CLAITOR
HEALTH CARE. Provides relative to licensed behavior analysts. (gov sig)
AN ACT1
To enact Part VII of Chapter 15 of Title 37 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 37:1360.81 through 1360.95, and R.S. 37:2353(C)(7), relative to3
behavioral analysts; to provide for the Board Certified Behavioral Analyst Practice4
Act; to provide for additional authority to the Louisiana State Board of Examiners5
for Psychologists; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Part VII of Chapter 15 of Title 37 of the Louisiana Revised Statutes of8
1950, comprised of R.S. 37:1360.81 through 1360.95, and R.S. 37:2353(C)(7) are hereby9
enacted to read as follows: 10
Part VII. BEHAVIORAL ANALYSTS11
§1360.81. Short title12
This Part may be cited as the "Board Certified Behavioral Analyst13
Practice Act".14
§1360.82. Definitions15
As used in this Part the following words, terms, and phrases have the16
meaning ascribed to them in this Section, unless the context clearly indicates a17 SB NO. 185
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different meaning:1
(1)"Applied behavior analysis" means the design, implementation, and2
evaluation of environmental modifications, using behavioral stimuli and3
consequences, to produce socially significant improvements in and4
understanding of human behavior based on the principles of behavior identified5
through the experimental analysis of behavior. It includes the empirical6
identification of functional relations between behavior and environments. It7
uses direct observation and measurement of behavior and environment.8
Interventions based on scientific research are used and includes contextual9
factors, establishing operations, antecedent stimuli, positive reinforcers, and10
other consequences, based on identified functional relationships with the11
environment, in order to produce practical behavior change.12
(2) "Board" means Louisiana State Board of Examiners of Psychologists.13
(3)"Certification board" means the Behavior Analyst Certification14
Board and/or its equivalent recommended by the Licensed Behavior Analyst15
Committee and approved by the board.16
(4)"Certified" means a practitioner who has met the certification criteria17
of and has received a certificate from the certification board.18
(5)"Licensed behavior analyst" or "LBA" means an individual who by19
education and experience meets the requirements for licensing by the board and20
is duly licensed to independently practice applied behavior analysis.21
(6)"Licensed Behavior Analyst Committee" or "LBAC" means a22
committee, established by the board for purposes as defined in this Part.23
(7)"Recognized educational institution" means a degree-granting college24
or university that is accredited by a regional board or association of institutions25
of higher education approved by the Council on Post-Secondary Education of26
the United States Department of Education. The program shall also include an27
approved course sequence of the behavior analyst certification board or its28
successor and/or equivalent approved by the Licensed Behavior Analyst29 SB NO. 185
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Committee.1
(8)"Supervised experience" means services rendered as a part of the2
certification requirements of a behavior analyst or board certified associate3
behavior analyst under the supervision of a licensed behavior analyst or4
psychologist as approved by the Licensed Behavior Analyst Committee. 5
§1360.83. Powers and duties of the board6
The board shall have and exercise with respect to licensed behavior7
analysts, all powers and duties granted to it by R.S. 37:2351 et seq. In addition,8
the board shall have the authority to:9
(1) Establish and publish standards of applied behavior analysis practice10
in accordance with those developed and accepted by the profession represented11
by such organizations as the Behavior Analysis Certification Board, Association12
for Behavior Analysis International and/or others deemed appropriate by the13
Licensed Behavior Analyst Committee and approved by the board.14
(2) Approve, deny, revoke, suspend, renew and reinstate licensure of15
duly qualified applicants based on the recommendation of the Licensed16
Behavior Analyst Committee and approved by the board.17
(3) Adopt, revise, and enforce orders, rules, and regulations for licensure18
and renewal as recommended by the Licensed Behavior Analyst Committee to19
ensure the competency of applicants, the protection of the public, and proper20
administration of this Part in accordance with the Administrative Procedure21
Act. Any rules regarding the practice of applied behavior analysis shall be22
consistent with the standards established by the Behavior Analyst Certification23
Board or other certifying boards as recommended by the Licensed Behavior24
Analyst Committee and approved by the board.25
(4) Conduct hearings on charges calling for the denial, suspension,26
revocation, or refusal to renew a license with a designee from the Licensed27
Behavior Analyst Committee present. Such designee shall be appointed as28
needed by the chair of the board.29 SB NO. 185
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§1360.84. License required 1
No one shall hold himself out as a licensed behavior analyst unless2
licensed in accordance with the provisions of this Part.3
§1360.85. Qualifications of applicants4
A. Notwithstanding any other provision of the Part or other law to the5
contrary, any applied behavior analyst shall be issued an applied behavior6
analyst license by the board upon satisfaction of all of the following criteria:7
(1) Submit to the board a completed application form approved by the8
Licensed Behavior Analyst Committee.9
(2) Pay all necessary licensure fees.10
(3) Hold a master's degree or doctoral degree from a regionally11
accredited college or university with approved course sequence of the Behavior12
Analyst Certification Board or it successor and/or equivalent reviewed by the13
Licensed Behavior Analyst Committee and approved by the board.14
(4) The successful completion of an approved or supervised experience15
in the practice of applied behavior analysis as an approved experiential16
sequence of the Behavior Analyst Certification Board or its successor and/or17
equivalent reviewed by the Licensed Behavior Analyst Committee and approved18
by the board.19
(5) The successful completion of a nationally recognized examination20
related to the principles and practice of the profession of applied behavior21
analysis administered by the Behavior Analyst Certification Board or its22
successor and/or equivalent reviewed by the Licensed Behavior Analyst23
Committee and approved by the board.24
(6) The successful completion of a jurisprudence examination covering25
the laws and rules governing the practice of behavior analysis in Louisiana26
reviewed by the Licensed Behavior Analyst Committee and approved by the27
board. Once the jurisprudence examination is successfully completed,28
candidates may pay the licensure fee and be granted a licensed to practice29 SB NO. 185
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applied behavior analysis in Louisiana.1
(7) Maintains active status and fulfills all requirements for renewal and2
recertification with the Behavior Analysis Certification Board as a board3
certified behavior analyst and/or other certifying board as reviewed by the4
Licensed Behavior Analyst Committee and approved by the board.5
(8) Conducts his professional activities in accordance with accepted6
standards, including the Guidelines for Responsible Conduct for Behavior7
Analysts and Professional Disciplinary Standards of the Behavior Analyst8
Certification Board or other national professional organizations as reviewed9
by the Licensed Behavior Analyst Committee and approved by the board.10
(9) Has not been subject to disciplinary suspension or revocation by the11
Behavior Analyst Certification Board, for violation of the professional12
disciplinary and ethical standards.13
B. Applied behavior analyst applicants who have suspended licenses by14
the board may reapply after three years.15
C. Until August 1, 2013, an applicant who has graduated with a doctoral16
or master's degree from a regionally accredited university and who holds the17
board certified behavior analyst certificate from the Behavior Analyst18
Certification Board will be eligible to be granted status as a licensed behavior19
analyst. Thereafter, applications must meet the requirements noted above in20
this Section.21
§1360.86. Issuance and renewal of license22
A. The board shall issue a license to any person who meets the23
qualifications provided in this Part and the rules and regulations of the board,24
and who pays the applicable fees fixed by the board.25
B. A license issued under provisions of this Part shall be subject to26
annual renewal and shall expire and become null and void unless renewed in the27
manner prescribed by the board and recommended by the Licensed Behavior28
Analyst Committee.29 SB NO. 185
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C. License renewal shall require documentation of completion of the1
continuing education required by this Part.2
§1360.87. Reinstatement of license3
A. Any license suspended, revoked, or otherwise restricted by the board4
may be reinstated by the board based upon recommendations by the Licensed5
Behavior Analyst Committee.6
B. A license that has expired without renewal for a7
period of one year from the date of expiration may be8
reinstated by the board upon recommendation from the9
Licensed Behavior Analyst Committee provided the10
applicant is otherwise eligible under the provisions of11
this Part, pays the applicable fees, satisfies the12
continuing education requirement, and such other13
requirements as may be established by the board based on14
recommendation by the Licensed Behavior Analyst15
Committee.16
§1360.88. Licensed Behavior Analyst Committee17
A. The Licensed Behavior Analyst Committee shall be established by the18
board for the purpose of reviewing and recommending action on application for19
licensure and relicensure, recommending educational and training20
requirements, establishing a professional code of conduct, recommending21
changes in related statutes and rules, as well as other activities as may be22
requested by the board or activities provided in this Part.23
B. The Licensed Behavior Analyst Committee shall consist of two24
certified and licensed behavior analysts and one licensed psychologist approved25
by the executive board of the Louisiana Association for Behavior Analysis.26
(1) The two certified behavior analysts, who shall become licensed once27
this Part becomes effective, shall be appointed by the Louisiana Association for28
Behavior Analysis.29
(2) The licensed psychologist shall be appointed by the Louisiana State30 SB NO. 185
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Board of Examiners of Psychologists.1
(3) The chair of the board shall serve as an ex officio, non-voting member2
of the committee; however, the chair may vote in cases of a tie vote.3
C. Members of the committee shall serve at the pleasure of the board. A4
vacancy in an unexpired term shall be filled in the manner of the original5
appointment.6
D. The committee may meet as needed but shall meet at least quarterly.7
A majority of the members of the committee shall constitute a quorum for the8
transaction of all business.9
E. Members of the committee shall serve without compensation but shall10
be reimbursed for reasonable travel expenses incurred in attendance at11
meetings and other official business on behalf of the committee or the board.12
§1360.89. Continuing education13
A. A licensed behavior analyst shall annually complete a minimum of14
twelve hours of continuing education relevant to the practice of behavior15
analyst.16
B. To qualify under the requirements within this Part, all continuing17
education classes shall be approved by the Licensed Behavior Analyst18
Committee.19
§1360.90. Fees20
The board under its authority established within R.S. 37:2351 et seq.,21
shall fix fees in accordance with the Administrative Procedure Act for the22
purpose of administering the provisions of this Part.23
§1360.91. Causes for refusal to issue, suspension, or revocation of license24
A. Upon the recommendation of the Licensed Behavior Analyst25
Committee, the board may refuse to issue any license required under this26
Chapter for any cause or any combination of causes stated in this Section. The27
Licensed Behavior Analyst Committee shall give written notice of the reasons28
for the refusal.29 SB NO. 185
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B. Upon the recommendation of the Licensed Behavior Analyst1
Committee, the board may suspend or revoke any license or impose2
probationary or other restrictions on any license under this Part for the3
following causes:4
(1) Conviction of a felony or nolo contendere plea or conviction of any5
crime or offense of or relating to the practice of applied behavioral analysis.6
(2) Knowingly make or present , or cause to be made or presented, any7
false, fraudulent, or forged statement, writing, certificate, diploma, or other8
thing, in connection with an application for a license or permit.9
(3) Refusing to appear before the Licensed Behavior Analyst Committee10
after having been duly ordered to do so in writing by a duly authorized agent11
of the board as a result of the Licensed Behavior Analyst Committee12
recommendation.13
(4) Habitual or recurring abuse of drugs, including alcohol, which affects14
the central nervous system, and which is capable of inducing physiological or15
psychological dependence.16
(5) Refusing to submit to the examinations and inquiry of an examining17
committee of physicians appointed or designated by the board to inquire into18
an applicant or licensee's physical and mental fitness and ability to practice19
applied behavior analysis with reasonable skill and safety to patients.20
(6) Impersonating another licensed practitioner or any person holding21
a certificate of registration of authority, permit, or license or allowing any22
person to use his or her certificate or authority, permit, license or diploma from23
any school.24
(7) Incompetence, including but not limited to a person who has been25
unable to practice applied behavior analysis to acceptable and prevailing26
standards of care by reason of mental or physical illness or other condition,27
including but not limited to physical deterioration that adversely affects28
cognitive, motor, or perceptive skills.29 SB NO. 185
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(8)Voluntary or involuntary commitment or interdiction by due process1
of law.2
(9) Failing to self-report in writing to the Licensed Behavior Analyst3
Committee any personal action which constitutes a violation of the Part within4
thirty days of the occurrence.5
(10) Soliciting patients or self-promoting through advertising or6
communication, public or private, which is fraudulent, false, deceptive, or7
misleading.8
(11) Making or submitting false, deceptive, or unfounded claims, reports,9
or opinions to any patient, insurance company or indemnity association,10
company, individual, or government authority for the purpose of obtaining11
anything of economic value.12
(12) Soliciting, accepting, or receiving anything of economic value in13
return for and based on referral of patients to another person, firm, or14
corporation.15
(13) Engaging in dishonorable, unethical or unprofessional conduct of16
a character likely to deceive, defraud, or harm the public or any member17
thereof.18
(14) Continuing or recurring practice which fails to satisfy the prevailing19
and usually accepted standards of the practice of applied behavior analysis.20
(15) Gross, willful, and continued overcharging for professional services.21
(16) Abandoning a patient by failure to make reasonable efforts to plan22
for facilitating care in the event that behavior analytic services are interrupted23
by factors such as the behavior analyst's illness, impending death,24
unavailability, or relocation or by the patient's relocation or financial25
limitations.26
(17) Knowingly performing any act which, in any way, assists an27
unqualified person to practice applied behavior analysis, or having professional28
connection with or lending one's name to an illegal practitioner.29 SB NO. 185
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(18) Violating ethical codes of conduct as promulgated by the American1
Psychological Association or the Guidelines for Responsible Conduct for2
Behavior Analysts or violating any code of ethics adopted in the rules and3
regulations of the board as developed by the Licensed Behavior Analyst4
Committee, or other immoral, unprofessional, or dishonorable conduct as5
defined in the rules and regulations of the board.6
(19) Practicing applied behavior analysis in such a manner as to7
endanger the welfare of patients, including but not limited to:8
(a) Harassment, intimidation, or abuse, sexual or otherwise, of a patient.9
(b) Engaging in any sexual contact with a patient.10
(c) Gross malpractice, repeated malpractice, or gross negligence in the11
practice of applied behavior analysis.12
(20) Using of untruthful, deceptive, or improbable statements concerning13
the licensee's qualifications or the effects or results of proposed treatment,14
including functioning outside one's professional competence established by15
education, training, and experience.16
(21) Exercising undue influence in such a manner as to exploit the17
patient for financial or other personal advantage to the practitioner or a third18
party.19
(22) Refusal of a licensing authority of another state to issue or renew a20
license, permit, or certificate to practice applied behavior analysis in that state21
or the revocation or suspension, or other restriction imposed on a license,22
permit, or certificate issued by such licensing authority which prevents or23
restricts practice in that state, or the surrender of a license, permit or certificate24
issued by another state when criminal or administrative charges are pending or25
threatened against the holder of such license, permit, or certificate.26
(23) Any suspension or revocation of certification by the certification27
board would vacate licensure in this state.28
C. The board may, as a probationary condition, or as a condition of the29 SB NO. 185
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reinstatement of any license or certificate suspended or revoked hereunder,1
require the license or certificate holder to pay all costs of the board proceedings,2
including investigator, stenographer, and attorney fees, and to pay a fine not to3
exceed five thousand dollars.4
D. The board's final decision in an adjudication proceeding conducted5
pursuant to this Section other than by consent or, agreement or other informal6
disposition, shall constitute a public record, and the board may disclose and7
provide such final decision to any person, firm, or corporation or to the public8
generally. The board's disposition of an adjudication proceeding by consent9
order shall not constitute a public record, but the board shall have authority10
and discretion to disclose such disposition.11
E. No judicial order staying or enjoining the effectiveness or enforcement12
of a final decision or order in a adjudication proceeding, whether issued13
pursuant to R.S. 49:964(C) or otherwise, shall be effective, beyond the earlier14
if either:15
(1) One hundred twenty days from the date on which the board's16
decision or order was rendered.17
(2) The date on which a court of competent jurisdiction enters judgment18
in a proceeding for judicial review of the board's decision or order issued19
pursuant to R.S. 49:964.20
F. Notwithstanding any other law to the contrary, no judicial order21
staying, enjoining, or continuing and adjudication proceeding before, or a22
preliminary, procedural, or intermediate decision, ruling, order, or action of,23
the board shall be effective, whether pursuant to R.S. 49:964 or otherwise, prior24
to the exhausting of all administrative remedies and issuance of a final decision25
by the board.26
G. No order staying or enjoining a final decision or order of the board27
shall be issued unless the district court finds that the applicant or petitioner has28
established that the issuance of the stay does neither of the following:29 SB NO. 185
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(1) Threaten harm to other interested parties, including individuals for1
whom the applicant or petitioner may render applied behavior analysis services.2
(2) Constitute a threat to the health, safety, and welfare of the citizens of3
this state.4
H. No stay of a final decision or order of the board shall be granted ex5
parte. The court shall schedule a hearing request for a stay order within ten6
days from filing of the request. The court's decision to either grant or deny the7
stay order shall be rendered within five days at the conclusion of the hearing.8
§1360.92. Persons and practices not affected9
The provisions of this Part shall not be construed as prohibiting or10
restricting the practice of any of the following:11
A. An "ABA direct contact therapist" acting only under the extended12
authority and direction of a licensed behavior analyst or appropriately trained13
psychologist to provide behavior analysis services. 14
B. A licensed professional who is not a behavior analyst, so long as the15
licensed professional does not represent that he is a behavior analyst or16
qualified to provide applied behavior analysis, and so long as the services of the17
licensed professional are specified within the scope of the practice of the18
licensing law governing the licensed professional and the services performed are19
commensurate with the licensed professional's formal university training and20
supervised experience.21
C. The practice of applied behavior analysis expressly excludes22
psychological testing, neuropsychology, psychotherapy, cognitive therapy,23
psychoanalysis, hypnotherapy, diagnosis of mental or emotional disorders, and24
long-term counseling as treatment modalities.25
§1360.93. Injunctive proceedings26
A. The board may investigate any evidence or allegation which appears27
to show that any person is or may be in violation of any provision of this Part.28
B. The board may apply for an injunction in any court of competent29 SB NO. 185
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jurisdiction to enjoin any person from committing any act which is in violation1
of this Part.2
C. If it is established that the defendant has been or is committing an act3
which is in violation of this Part, the court shall enter a decree perpetually4
enjoining the defendant from further committing the act or acts.5
D. In case of violation of any injunction issued under the provisions of6
this Section, the court may summarily try and punish the offender for contempt7
of court.8
E. Such injunctive proceedings shall be in addition to, and not in lieu of,9
all penalties and other remedies as provided in this Part.10
§1360.94. Penalties11
A. It shall be a misdemeanor for any individual:12
(1) Not licensed under this Part to represent himself as a licensed13
behavior analyst.14
(2) Not licensed under this Part to engage in the practice of behavior15
analysis.16
(3) To represent himself as a medical psychologists during the time that17
his license as a behavior analyst shall be suspended or revoked or lapse.18
(4) To otherwise violate this Part.19
B. Such misdemeanor shall be punishable upon conviction by20
imprisonment for not more than six months, or by a fine of not less than one21
hundred dollars nor more than five hundred dollars, or both. Each violation is22
deemed a separate offense.23
C. Such misdemeanor shall be prosecuted by the district attorney of the24
judicial district in which the offense was committed.25
§1360.95. Access to files26
The Licensed Behavior Analyst Committee shall make available to the27
board all files relating to behavior analysts practicing within the state.28
* * *29 SB NO. 185
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§2353. State board of examiners; organization; duties; meetings; fees1
* * *2
C. The board is authorized and empowered to:3
(7) Act on the powers and duties provided to the board by R.S. 4
37:1360.81 through 1360.95.5
* * *6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law provides for the Board Certified Behavioral Analyst Practice Act.
Proposed law provides for the licensure of behavioral analysts and places the practice of
behavioral analytics under the Louisiana State Board of Examiners of Psychologists.
Proposed law provides the Louisiana State Board of Examiners of Psychologists the powers
and duties to license and regulate the profession of behavioral analysts. The Louisiana State
Board of Examiners of Psychologists will have all powers and duties granted to it under R.S.
37:2351 et seq., and shall have, in addition, the authority to:
(1)Establish and publish standards of applied behavior analysis practice in accordance
with those developed and accepted by the profession represented by such
organizations as the Behavior Analysis Certification Board, Association for Behavior
Analysis International and/or others deemed appropriate by the Licensed Behavior
Analyst Committee ("committee") and approved by the board.
(2)Approve, deny, revoke, suspend, renew and reinstate licensure of duly qualified
applicants based on the recommendation of the committee and approved by the
board.
(3)Adopt, revise, and enforce orders, rules, and regulations for licensure and renewal
as recommended by the committee to ensure the competency of applicants, the
protection of the public, and proper administration of this Part in accordance with the
Administrative Procedure Act.
(4)Conduct hearings on charges calling for the denial, suspension, revocation, or refusal
to renew a license with a designee from the committee present. Such designee shall
be appointed as needed by the chair of the board. SB NO. 185
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Proposed law provides license requirements for behavioral analysts. Licensure requirements
include:
(1)Submit to the board a completed application form approved by the committee.
(2)Pay all necessary licensure fees.
(3)Hold a master's degree or doctoral degree from a regionally accredited college or
university with approved course sequence of the behavior analyst certification board
or its successor and/or equivalent reviewed by the committee and approved by the
board.
(4)The successful completion of an approved or supervised experience in the practice
of applied behavior analysis as an approved experiential sequence of the behavior
analyst certification board or its successor and/or equivalent reviewed by the
committee and approved by the board.
(5)The successful completion of a nationally recognized examination related to the
principles and practice of the profession of applied behavior analysis administered
by the behavior analyst certification board or its
(6)The successful completion of a jurisprudence examination covering the laws and
rules governing the practice of behavior analysis in Louisiana reviewed by the
committee and approved by the board. Once the jurisprudence examination is
successfully completed, candidates may pay the licensure fee and be granted a
licensed to practice applied behavior analysis in Louisiana.
(7)Maintains active status and fulfills all requirements for renewal and recertification
with the behavior analysis certification board as a board certified behavior analyst
and/or other certifying board as reviewed by the committee and approved by the
board.
(8)Conducts his professional activities in accordance with accepted standards, including
the Guidelines for Responsible Conduct for Behavior Analysts and Professional
Disciplinary Standards of the Behavior Analyst Certification Board or other national
professional organization as reviewed by the committee and approved by the board.
(9)Has not been subject to disciplinary suspension or revocation by the behavior analyst
certification board, for violation of the professional disciplinary and ethical
standards.
Proposed law provides for the issuance and renewal of licenses for behavioral analysts.
Proposed law provides for the reinstatement of licenses for behavioral analysts.
Proposed law provides for the Licensed Behavior Analyst Committee. Provides the
committee shall be established by the board for the purpose of reviewing and recommending
action on application for licensure and relicensure, recommending educational and training
requirements, establishing a professional code of conduct, recommending changes in related
statutes and rules, as well as other activities as may be requested by the board or activities
provided in proposed law. Proposed law provides the committee shall consist of two certified
and licensed behavior analysts and one licensed
(1)The two certified behavior analysts, who shall become licensed once proposed
law becomes effective, shall be appointed by the Louisiana Association for Behavior
Analysis. SB NO. 185
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(2)The licensed psychologist shall be appointed by the Louisiana State Board of
Examiners of Psychologists.
(3)The chair of the board shall serve as an ex officio, non-voting member of the
committee; however, the chair may vote in cases of a tie vote.
Members of the committee shall serve at the pleasure of the board. A vacancy in an
unexpired term shall be filled in a manner of the original appointment.
Proposed law provides the committee may meet as needed but shall meet at least quarterly,
and a majority of the members of the committee shall constitute a quorum for the transaction
of all business. Further provides the members of the committee shall serve without
compensation but shall be reimbursed for reasonable travel expenses incurred in attendance
at meetings and other official business on behalf of the committee or the board.
Proposed law provides licensed behavioral analysts shall annually complete a minimum of
twelve hours of committee-approved continuing education classes.
Proposed law provides the board the authority to fix certain fees through the Administrative
Procedure Act.
Proposed law provides for the causes for refusal to issue, the suspension of, or the revocation
of a license by the board based on the recommendation of the committee.
Proposed law provides the provisions of this Part shall not be construed as prohibiting or
restricting the practice of any of the following:
(1)An "ABA direct contact therapist" acting only under the extended authority and
direction of a licensed behavior analyst or appropriately trained psychologist to
provide behavior analysis services.
(2)A licensed professional who is not a behavior analyst, so long as the licensed
professional does not represent that he is a behavior analyst or qualified to provide
applied behavior analysis, and so long as the services of the licensed professional are
specified within the scope of the practice of the licensing law governing the licensed
professional and the services performed are commensurate with the licensed
professional's formal university training and supervised experience.
(3)The practice of applied behavior analysis expressly excludes psychological testing,
neuropsychology, psychotherapy, cognitive therapy, psychoanalysis, hypnotherapy,
diagnosis of mental or emotional disorders, and long-term counseling as treatment
modalities.
Proposed law provides the board the authority to seek injunctive relief through the courts.
Proposed law provides penalties for any individual:
(1)Not licensed under proposed law to represent himself as a licensed behavior analyst.
(2)Not licensed under proposed law to engage in the practice of behavior analysis.
(3)To represent himself as a medical psychologists during the time that his license as
a behavior analyst shall be suspended or revoked or lapse.
(4)To otherwise violate proposed law.
Proposed law provides such misdemeanor shall be punishable upon conviction by
imprisonment for not more than six months, or by a fine of not less than $100 nor more than
$500, or both. Each violation is deemed a separate offense. Proposed law provides such SB NO. 185
SLS 12RS-531 ORIGINAL
Page 17 of 17
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
misdemeanor shall be prosecuted by the district attorney of the judicial district in which the
offense was committed.
Proposed law requires the committee to make available to the board all files relating to
behavior analysts practicing within the state.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 37:1360.81 through 1360.95 and 2353(C)(7))