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Regular Session, 2012
SENATE BILL NO. 755 (Substitute of Senate Bill No. 191 by Senator Claitor)
BY SENATOR CLAITOR
HEALTH SERVICES. Provides relative to licensing of 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 1360.97, relative to behavior analysts; to3
provide for licensure of behavior analysts and certification for assistant behavior4
analysts; to provide for a board to develop standards and procedures and to5
promulgate rules and regulations with respect to the practice of behavior analysis;6
to provide for the future creation of an independent regulatory authority; to provide7
qualifications for licensure and certification; to provide for continuing education; to8
provide with respect to fees for licensure and certification; to provide for causes for9
refusal to issue, suspension, or revocation; to provide for penalties; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Part VII of Chapter 15 of Title 37 of the Louisiana Revised Statutes of13
1950, comprised of R.S. 37:1360.81 through 1360.97, is hereby enacted to read as follows:14
PART VII. BEHAVIOR ANALYSTS15
§1360.81. Legislative intent16
The enacting of the Licensed Behavior Analyst Practice Act is necessary17 SB NO. 755
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in order to safeguard life, health, property and public welfare of the citizens of1
the state, and to protect the people of this state from the unauthorized,2
unqualified, and improper application of applied behavior analysis. The goal of3
this Part is to:4
(1) Establish licensure for behavior analysts and certification for5
assistant behavior analysts, to authorize the promulgation of rules and6
regulations for the practice of behavior analysis in the state, and to authorize7
the development of standards or procedures for all other matters related to8
applied behavior analysis.9
(2) Create a committee of behavioral analysts to recommend action on10
applicants, to recommend changes in the rules relating to their practice, and to11
advise the board on related matters.12
(3) Provide for the future creation of an independent regulatory13
authority.14
§1360.82. Short title15
This Part shall be known and may be cited as the "Licensed Behavior16
Analyst Practice Act".17
§1360.83. Definitions18
As used in this Part the following words, terms, and phrases have the19
meaning ascribed to them in this Section, unless the context clearly indicates a20
different meaning:21
(1)"Applied behavior analysis" means the design, implementation, and22
evaluation of environmental modifications, using behavioral stimuli and23
consequences, to produce socially significant improvements in and24
understanding of human behavior based on the principles of behavior identified25
through the experimental analysis of behavior. It includes the empirical26
identification of functional relations between behavior and environments. It27
uses direct observation and measurement of behavior and environment.28
Interventions based on scientific research are used and includes contextual29 SB NO. 755
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factors, establishing operations, antecedent stimuli, positive reinforcers, and1
other consequences, based on identified functional relationships with the2
environment, in order to produce practical behavior change.3
(2) "Board" means Louisiana State Board of Examiners of Psychologists.4
(3)"Licensed behavior analyst" or "LBA" means an individual who by5
education and experience meets the requirements for licensing by the board and6
is duly licensed to independently practice applied behavior analysis.7
(4) "Certified assistant behavior analyst" or "CABA" means an8
individual who by education and experience meets the requirements for9
certification as a certified assistant behavior analyst by the board and who shall10
only practice behavior analysis under the supervision of a licensed behavior11
analyst or psychologist experienced in behavior analysis.12
(5)"Licensed Behavior Analyst Committee" or "LBAC" means a13
committee, established by the board for purposes as defined in this Part.14
(6)"Recognized educational institution" means a degree-granting college15
or university that is accredited by a regional board or association of institutions16
of higher education approved by the Council on Post Secondary Education of17
the United States Department of Education.18
(7)"Supervised experience" means services rendered as a part of the19
certification requirements of a behavior analyst or board certified associate20
behavior analyst under the supervision of a licensed behavior analyst or21
psychologist as approved by the Licensed Behavior Analyst Committee.22
§1360.84. Powers and duties of the board23
The board shall have and exercise with respect to licensed behavior24
analysts and certified assistant behavior analyst, all powers and duties granted25
to it by R.S. 37:2351 et seq. In addition, the board shall have the authority to:26
(1) Establish and publish standards of applied behavior analysis practice27
in accordance with those developed and accepted by the behavior analysis28
professional organizations.29 SB NO. 755
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(2) Approve, deny, revoke, suspend, renew and reinstate licensure or1
certification of duly qualified applicants based on the recommendation of the2
Licensed Behavior Analyst Committee and approved by the board.3
(3)Adopt, revise, and enforce orders, rules, and regulations for licensure4
or certification and renewal as recommended by the Licensed Behavior Analyst5
Committee to ensure the competency of applicants, the protection of the public,6
and proper administration of this Part in accordance with the Administrative7
Procedure Act.8
(4) Conduct hearings on charges calling for the denial, suspension,9
revocation, or refusal to renew a license or certification with a designee from the10
Licensed Behavior Analyst Committee present. Such designee shall be11
appointed as needed by the chair of the board.12
§1360.85. License or certification required13
No person shall hold himself out as a licensed behavior analyst or a14
certified assistant behavioral analyst unless licensed or certified in accordance15
with the provisions of this Part.16
§1360.86. Qualifications of applicants of a licensed behavior analysts17
A. Notwithstanding any other provision of the Part or other law to the18
contrary, an applicant for licensure as an applied behavior analyst shall be19
issued an applied behavior analyst license by the board upon satisfaction of all20
of the following criteria:21
(1) Submission to the board of a completed application form approved22
by the Licensed Behavior Analyst Committee.23
(2) Payment of all mandatory licensure fees.24
(3) Proof of good moral character.25
(4) Proof that the applicant holds a master's degree or doctoral degree26
in behavioral analysis from a regionally accredited college or university with a27
board approved course sequence reviewed by the Licensed Behavior Analyst28
Committee and approved by the board. The course work will include the ethics29 SB NO. 755
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of behavioral analysis, principles of behavior analysis, research methods in1
behavioral analysis, applied behavioral analysis and supervised practice in2
behavioral analysis.3
(5) Completion of an approved supervised practice totaling at least one4
thousand five hundred hours.5
(6) Submission of applicant to a criminal background check in6
accordance with the authority granted to the board.7
(7) Successful completion of an approved or supervised experience in the8
practice of applied behavior analysis as an approved experiential sequence9
reviewed by the Licensed Behavior Analyst Committee and approved by the10
board.11
(8) Proof that the applicant passed a nationally recognized examination12
related to the principles and practice of the profession of applied behavior13
analysis reviewed by the Licensed Behavior Analyst Committee and approved14
by the board.15
(9) Proof that the applicant passed the jurisprudence examination16
covering the laws and rules governing the practice of behavior analysis in17
Louisiana reviewed by the Licensed Behavior Analyst Committee and approved18
by the board. Once a candidate passes the jurisprudence examination, a19
candidate may pay the licensure fee and be granted a license to practice applied20
behavior analysis in Louisiana.21
(10) Proof that the applicant conducts his professional activities in22
accordance with accepted standards, including the Guidelines for Responsible23
Conduct for Behavior Analysts and Professional Disciplinary Standards of the24
Behavior Analyst Certification Board or other national professional25
organizations as reviewed by the Licensed Behavior Analyst Committee and26
approved by the board.27
B. An applied behavior analyst applicant who has a suspended license28
may reapply after one year.29 SB NO. 755
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C. Until August 1, 2013, an applicant who has graduated with a doctoral1
or master's degree from a regionally accredited university and who holds the2
board certified behavior analyst certificate from the Behavior Analyst3
Certification Board shall be eligible to be granted status as a licensed behavior4
analyst. Thereafter, applications shall meet the requirements set forth in this5
Section.6
§1360.87. Qualifications of applicants for certified assistant behavior analysts7
Notwithstanding any other provision of law to the contrary, an applicant8
as a certified assistant behavior analyst shall be issued a certified applied9
behavior analyst certificate by the board upon satisfaction of all the following10
criteria:11
(1) Submission to the board of a completed application form approved12
by the Licensed Behavior Analyst Committee.13
(2) Payment of all mandatory certification fees.14
(3) Proof of good moral character.15
(4) Proof that the applicant holds a bachelor's or graduate degree from16
an accredited college or university and completed behavior analyst course work,17
and is obtaining supervised field experience, approved by the board, under a18
licensed behavior analyst or qualified psychologist.19
(5) Completion of an approved supervised practice totaling at least one20
thousand hours.21
(6) Submission of applicant to a criminal background check in22
accordance with the authority granted to the board.23
(7) Proof that the applicant passed the state jurisprudence exam,24
reviewed by the Licensed Behavior Analyst Committee and approved by the25
board. Once the examination is passed, candidates may pay the certification fee26
and be granted a certificate to practice.27
(8) Proof that the applicant conducts his professional activities in28
accordance with accepted standards, including the Guidelines for Responsible29 SB NO. 755
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Conduct for Behavior Analysts and Professional Disciplinary Standards of the1
Behavior Analyst Certification Board or other national professional2
organizations as reviewed by the Licensed Behavior Analyst Committee and3
approved by the board.4
(9) Proof that the applicant has not been subject to disciplinary5
suspension or revocation by the Behavior Analyst Certification Board, for6
violation of the professional disciplinary and ethical standards.7
§1360.88. Issuance and renewal of license or certificate8
A. The board shall issue a license or certificate to any person who meets9
the qualifications provided in this Part and the rules and regulations of the10
board, and who pays the applicable fees fixed by the board.11
B. A license or certificate issued under provisions of this Part shall be12
subject to annual renewal and shall expire and become null and void unless13
renewed in the manner prescribed by the board, as recommended by the14
Licensed Behavior Analyst Committee.15
C. License renewal shall require documentation of completion of the16
continuing education required by this Part.17
§1360.89. Reinstatement of license or certificate18
A. Any license or certificate suspended, revoked, or otherwise restricted19
by the board may be reinstated by the board based upon recommendations by20
the Licensed Behavior Analyst Committee.21
B. A license or certificate that has expired without renewal for a period22
of one year from the date of expiration may be reinstated by the board upon23
recommendation from the Licensed Behavior Analyst Committee, provided the24
applicant shall otherwise be eligible under the provisions of this Part, pays the25
applicable fees, satisfies the continuing education requirement, and such other26
requirements as may be established by the board based on recommendation by27
the Licensed Behavior Analyst Committee.28
§1360.90. Licensed Behavior Analyst Committee29 SB NO. 755
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A. The Licensed Behavior Analyst Committee shall be established by the1
board for the purpose of reviewing and recommending action on applications2
for licensure, certification, relicensure, and recertifcation, recommending3
educational and training requirements, establishing a professional code of4
conduct, recommending changes in related statutes and rules, as well as other5
activities as may be requested by the board or activities provided in this Part.6
The committee shall be statutorily created for a period of three years beginning7
July 1, 2012, and terminating on July 1, 2015, unless recreated by a majority8
vote of the committee and subsequently approved by the board.9
B. The Licensed Behavior Analyst Committee shall consist of three10
licensed behavior analysts and one member of the public at large. The executive11
director of the board shall serve ex officio as a voting member.12
(1) Three licensed behavior analysts, who shall become licensed once this13
Part becomes effective, shall be appointed by the governor and confirmed by the14
Senate.15
(2) For the vacancies occurring July 1, 2012, one member shall be16
appointed for a one-year term and one member shall be appointed for a two-17
year term, and one member shall be appointed to a three-year term. The18
members shall be limited to two consecutive terms.19
(3) The licensed behavior analyst members shall be appointed by the20
governor from a list of three nominees for each position submitted by the21
Louisiana Association for Behavior Analysis.22
(4) The member of the public at large shall be a parent of a child with a23
behavior disorder and shall be appointed by the governor.24
C. Members of the committee shall serve at the pleasure of the governor.25
A vacancy in an unexpired term shall be filled in the manner of the original26
appointment.27
D. The committee may meet as needed but shall meet at least quarterly.28
A majority of the members of the committee shall constitute a quorum for the29 SB NO. 755
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transaction of all business. A quorum shall be three voting members.1
E. Members of the committee shall serve without compensation but shall2
be reimbursed for reasonable travel expenses incurred in attendance at3
meetings and other official business on behalf of the committee or the board.4
§1360.91. Continuing education5
A. A licensed behavior analyst shall annually complete a minimum of6
twelve hours of continuing education relevant to the practice of behavior7
analyst.8
B. To qualify under the requirements of this Part, continuing education9
classes shall be approved by the Licensed Behavior Analyst Committee.10
§1360.92. Fees11
The board under its authority established in R.S. 37:2351 et seq., shall12
fix fees in accordance with the Administrative Procedure Act for the purpose13
of administering the provisions of this Part.14
§1360.93. Causes for refusal to issue, suspension, or revocation of license or15
certificate16
A. Upon the recommendation of the Licensed Behavior Analyst17
Committee, the board may refuse to issue any license or certificate required18
under this Part for any cause or any combination of causes stated in this19
Section. The Licensed Behavior Analyst Committee shall give written notice of20
the reasons for the refusal.21
B. Upon the recommendation of the Licensed Behavior Analyst22
Committee, the board may suspend or revoke any license or certificate or23
impose probationary or other restrictions on any license or certificate under24
this Part for the following causes:25
(1) Conviction of a felony or nolo contendere plea or conviction of any26
crime or offense of or relating to the practice of applied behavioral analysis.27
(2) Knowingly make or present , or cause to be made or presented, any28
false, fraudulent, or forged statement, writing, certificate, or diploma in29 SB NO. 755
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connection with an application for a license or certificate.1
(3) Refusing to appear before the Licensed Behavior Analyst Committee2
after having been duly ordered to do so in writing by a duly authorized agent3
of the board as a result of the Licensed Behavior Analyst Committee4
recommendation.5
(4) Habitual or recurring abuse of drugs, including alcohol, which affects6
the central nervous system, and which is capable of inducing physiological or7
psychological dependence applicant or licensee or certificate holder's physical8
and mental fitness and ability to practice applied behavior analysis with9
reasonable skill and safety to patients.10
(5) Impersonating another licensed practitioner or any person holding11
a certificate of registration of authority, permit, or license or allowing any12
person to use his or her certificate or authority, permit, license or diploma from13
any school.14
(6) Incompetence, including but not limited to a person who has been15
unable to practice applied behavior analysis to acceptable and prevailing16
standards of care by reason of mental or physical illness or other condition,17
including but not limited to physical deterioration that adversely affects18
cognitive, motor, or perceptive skills.19
(7) Voluntary or involuntary commitment or interdiction.20
(8) Failing to self-report in writing to the Licensed Behavior Analyst21
Committee any personal action which constitutes a violation of the Part within22
thirty days of the occurrence.23
(9) Soliciting patients or self-promoting through advertising or24
communication, public or private, which is fraudulent, false, deceptive, or25
misleading.26
(10) Making or submitting false, deceptive, or unfounded claims, reports,27
or opinions to any patient, insurance company or indemnity association,28
company, individual, or government authority for the purpose of obtaining29 SB NO. 755
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anything of economic value.1
(11) Soliciting, accepting, or receiving anything of economic value in2
return for and based on referral of patients to another person, firm, or3
corporation.4
(12) Engaging in dishonorable, unethical or unprofessional conduct of5
a character likely to deceive, defraud, or harm the public or any member6
thereof.7
(13) Continuing or recurring practice, which fails to satisfy the8
prevailing and usually accepted standards of the practice of applied behavior9
analysis.10
(14) Gross, willful, and continued overcharging for professional services.11
(15) Abandoning a patient by failure to make reasonable efforts to plan12
for facilitating care in the event that behavior analytic services are interrupted13
by factors such as the behavior analyst's illness, impending death,14
unavailability, or relocation or by the patient's relocation or financial15
limitations.16
(16) Knowingly performing any act which, in any way, assists an17
unqualified person to practice applied behavior analysis, or having professional18
connection with or lending one's name to an illegal practitioner.19
(17) Violating ethical codes of conduct as promulgated by the Board of20
Certified Behavior Analysts or the guidelines for Responsible Conduct for21
Behavior Analysts or violating any code of ethics adopted in the rules and22
regulations of the board as developed by the Licensed Behavior Analyst23
Committee, or other immoral, unprofessional, or dishonorable conduct as24
defined in the rules and regulations of the board.25
(18) Practicing applied behavior analysis in such a manner as to26
endanger the welfare of patients, including but not limited to:27
(a)Harassment, intimidation, or abuse, sexual or otherwise, of a patient.28
(b) Engaging in any sexual contact with a patient.29 SB NO. 755
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(c) Gross malpractice, repeated malpractice, or gross negligence in the1
practice of applied behavior analysis.2
(19) Using of untruthful, deceptive, or improbable statements concerning3
the licensee or certificate holder's qualifications or the effects or results of4
proposed treatment, including functioning outside one's professional5
competence established by education, training, and experience.6
(20) Exercising undue influence in such a manner as to exploit the7
patient for financial or other personal advantage to the practitioner or a third8
party.9
(21) Refusal of a licensing authority of another state to issue or renew a10
license, permit, or certificate to practice applied behavior analysis in that state11
or the revocation or suspension, or other restriction imposed on a license,12
permit, or certificate issued by such licensing authority which prevents or13
restricts practice in that state, or the surrender of a license, permit or certificate14
issued by another state when criminal or administrative charges are pending or15
threatened against the holder of such license, permit, or certificate.16
(22) Any suspension or revocation of certification by the certification17
board would vacate licensure in this state.18
C. The board may, as a probationary condition, or as a condition of the19
reinstatement of any license or certificate suspended or revoked hereunder,20
require the license or certificate holder to pay all costs of the board proceedings,21
including investigator, stenographer, and attorney fees, and to pay a fine not to22
exceed five thousand dollars. Such fines received by the board under this23
Subsection shall be paid into the treasury of the board.24
D. The board's final decision in an adjudication proceeding conducted25
pursuant to this Section other than by consent or, agreement or other informal26
disposition, shall constitute a public record, and the board may disclose and27
provide such final decision to any person, firm, or corporation or to the public28
generally. The board's disposition of an adjudication proceeding by consent29 SB NO. 755
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order shall not constitute a public record, but the board shall have authority1
and discretion to disclose such disposition.2
E. No judicial order staying or enjoining the effectiveness or enforcement3
of a final decision or order in a adjudication proceeding, whether issued4
pursuant to R.S. 49:964(C) or otherwise, shall be effective, beyond the earlier5
of either of the following:6
(1) One hundred twenty days from the date on which the board's7
decision or order was rendered.8
(2) The date on which a court of competent jurisdiction enters judgment9
in a proceeding for judicial review of the board's decision or order issued10
pursuant to R.S. 49:964.11
F. Notwithstanding any other law to the contrary, no judicial order12
staying, enjoining, or continuing and adjudication proceeding before, or a13
preliminary, procedural, or intermediate decision, ruling, order, or action of,14
the board shall be effective, whether pursuant to R.S. 49:964 or otherwise, prior15
to the exhausting of all administrative remedies and issuance of a final decision16
by the board.17
G. No order staying or enjoining a final decision or order of the board18
shall be issued unless the district court finds that the applicant or petitioner has19
established that the issuance of the stay does neither of the following:20
(1) Threaten harm to other interested parties, including individuals for21
whom the applicant or petitioner may render applied behavior analysis services.22
(2) Constitute a threat to the health, safety, and welfare of the citizens of23
this state.24
H. No stay of a final decision or order of the board shall be granted ex25
parte. The court shall schedule a hearing request for a stay order within ten26
days from filing of the request. The court's decision to either grant or deny the27
stay order shall be rendered within five days at the conclusion of the hearing.28
§1360.94. Persons and practices not affected29 SB NO. 755
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The provisions of this Part shall not be construed as prohibiting or1
restricting the practice of any of the following:2
(1) A licensed professional who is not a behavior analyst, so long as the3
licensed professional does not represent that he is a behavior analyst or4
qualified to provide applied behavior analysis, and so long as the services of the5
licensed professional are specified within the scope of the practice of the6
licensing law governing the licensed professional and the services performed are7
commensurate with the licensed professional's formal training and supervised8
experience.9
(2) The practice of applied behavior analysis expressly excludes10
psychological testing, neuropsychology, psychotherapy, cognitive therapy,11
psychoanalysis, hypnotherapy, diagnosis of mental or emotional disorders, and12
long-term counseling as treatment modalities.13
§1360.95. Injunctive proceedings14
A. The board may investigate any evidence or allegation which appears15
to show that any person is or may be in violation of any provision of this Part.16
B. The board may apply for an injunction in any court of competent17
jurisdiction to enjoin any person from committing any act which is in violation18
of this Part.19
C. If it is established that the defendant has been or is committing an act20
which is in violation of this Part, the court shall enjoin the defendant from21
further committing the act or acts.22
D. In case of violation of any injunction issued under the provisions of23
this Section, the court may summarily try and punish the offender for contempt24
of court.25
E. Such injunctive proceedings shall be in addition to, and not in lieu of,26
all penalties and other remedies provided in this Part.27
§1360.96. Penalties28
A. It shall be a misdemeanor for any individual:29 SB NO. 755
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(1) Not licensed under this Part to represent himself as a licensed1
behavior analyst.2
(2) Not licensed under this Part to engage in the practice of behavior3
analysis.4
(3) To represent himself as a licensed behavior analyst during the time5
that his license as a behavior analyst shall be suspended or revoked or lapse.6
(4) To otherwise violate this Part.7
B. Such misdemeanor shall be punishable upon conviction by8
imprisonment for not more than six months, or by a fine of not less than one9
hundred dollars nor more than five hundred dollars, or both. Each violation10
shall be deemed a separate offense.11
C. Such misdemeanor shall be prosecuted by the district attorney of the12
judicial district in which the offense was committed.13
§1360.97. Access to files14
The Licensed Behavior Analyst Committee shall make available to the15
board all files relating to behavior analysts practicing within the state.16
Section 2. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Claitor (SB 755)
Proposed law provides for the Board Certified Behavior Analyst Practice Act.
Proposed law provides for the licensure of behavioral analysts and certification of certified
assistant behavior analysts and places the practice of behavior analytics under the Louisiana
State Board of Examiners of Psychologists (the board).
Proposed law provides the Louisiana State Board of Examiners of Psychologists with respect
to licensed behavior analysts and certified assistant behavior analysts, all powers and duties
granted to it by R.S. 37:2351 et seq. In addition, the board shall have the authority to: SB NO. 755
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1. Establish and publish standards of applied behavior analysis practice in accordance
with those developed and accepted by the behavior analysis professional
organizations.
2. Approve, deny, revoke, suspend, renew and reinstate licensure or certification of
duly qualified applicants based on the recommendation of the Licensed Behavior
Analyst Committee and approved by the board.
3. Adopt, revise, and enforce orders, rules, and regulations for licensure or certification
and renewal as recommended by the Licensed Behavior Analyst Committee to
ensure the competency of applicants, the protection of the public, and proper
administration of proposed law in accordance with the Administrative Procedure
Act.
4. Conduct hearings on charges calling for the denial, suspension, revocation, or refusal
to renew a license or certification with a designee from the Licensed Behavior
Analyst Committee present. Such designee shall be appointed as needed by the chair
of the board.
Proposed law provides license requirements for behavioral analysts. Licensure requirements
include:
1. Submit to the board a completed application form approved by the Licensed
Behavior Analyst Committee.
2. Pay all mandatory licensure fees.
3. Is of good moral character.
4. Hold a master's degree or doctoral degree in behavioral analysis from a regionally
accredited college or university with a board approved course sequence reviewed by
the Licensed Behavior Analyst Committee and approved by the board. The course
work will include the ethics of behavioral analysis, principles of behavior analysis,
research methods in behavioral analysis, applied behavioral analysis and supervised
practice in behavioral analysis.
5. Complete an approved supervised practice totaling at least one thousand five
hundred hours.
6. Submit to a criminal background check in accordance with the authority granted to
the board.
7. The successful completion of an approved or supervised experience in the practice
of applied behavior analysis as an approved experiential sequence reviewed by the
Licensed Behavior Analyst Committee and approved by the board.
8. Passes a nationally recognized examination related to the principles and practice of
the profession of applied behavior analysis reviewed by the Licensed Behavior
Analyst Committee and approved by the board.
9. Passes the jurisprudence examination covering the laws and rules governing the
practice of behavior analysis in Louisiana reviewed by the Licensed Behavior
Analyst Committee and approved by the board. Once a candidate passes the
jurisprudence examination, a candidate may pay the licensure fee and be granted a
license to practice applied behavior analysis in Louisiana.
10.Conducts his professional activities in accordance with accepted standards, including
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Disciplinary Standards of the Behavior Analyst Certification Board or other national
professional organizations as reviewed by the Licensed Behavior Analyst Committee
and approved by the board.
Proposed law provides license requirements for certified assistant behavioral analysts.
Certification requirements include:
1. Submit to the board a completed application form approved by the Licensed
Behavior Analyst Committee.
2. Pay all mandatory certification fees.
3. Is of good moral character.
4. Hold a bachelor's or graduate degree from an accredited college or university and
completed behavior analyst course work, and is obtaining supervised field
experience, approved by the board, under a licensed behavior analyst or qualified
psychologist.
5. Complete an approved supervised practice totaling at least one thousand hours.
6. Submit to a criminal background check in accordance with the authority granted to
the board.
7. Pass the state jurisprudence exam, reviewed by the Licensed Behavior Analyst
Committee and approved by the board. Once the examination is passed, candidates
may pay the certification fee and be granted a certificate to practice.
8. Conduct 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 organizations as reviewed by the Licensed Behavior Analyst 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 and certificates for
behavioral analysts and assistant behavioral analysts.
Proposed law provides for the reinstatement of licenses and certificates for behavioral
analysts and assistant behavioral analysts.
Proposed law provides for the Licensed Behavior Analyst Committee to be established by
the board for the purpose of reviewing and recommending action on applications for
licensure, certification, relicensure, and recertifcation, 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. The committee shall be statutorily created for a period
of three years beginning July 1, 2012, and terminating on July 1, 2015, unless recreated by
a majority vote of the committee and subsequently approved by the board. The Licensed
Behavior Analyst Committee shall consist of three licensed behavior analysts and one public
member. The executive director of the board shall serve ex officio as a voting member.
Proposed law provides the three licensed behavior analysts, who shall become licensed once
the proposed law becomes effective, shall be appointed by the governor and confirmed by
the Senate. For the vacancies occurring July 1, 2012, one member shall be appointed for a SB NO. 755
SLS 12RS-2401 ENGROSSED
Page 18 of 18
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
one-year term and one member shall be appointed for a term of two years, and one member
for a term of three years. The members shall be limited to two consecutive terms. The
licensed behavior analyst members will be appointed by the governor from a list of three for
each position to be submitted by Louisiana ABA. The public member, who is a parent of a
child with a behavior disorder, shall be appointed by the governor.
Proposed law provides the committee may meet as needed but shall meet at least quarterly,
and three voting 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 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 psychologist during the time that his license as a
behavior analyst shall be suspended or revoked or lapsed.
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
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 1360.97)