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Regular Session, 2013
SENATE BILL NO. 134
BY SENATORS MORRELL AND HEITMEIER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH SERVICES. Provides for licensure of behavior analysts. (8/1/13) (2/3 - CA
7s2.1(A))
AN ACT1
To enact R.S. 36:259(E)(25) and Chapter 60 of Title 37 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 37:3701 through 3717, relative to behavior analysts;3
to create the Louisiana Behavior Analyst Board within Department of Health and4
Hospital; to provide for the Behavior Analyst Practice Act; to provide for definitions;5
to provide for the Louisiana Behavior Analyst Board and provide for its powers and6
duties; to provide for the requirements of licensure, state certification, or registration;7
to provide for the qualifications for licensure and state certification; to provide for8
issuance and renewal of licenses and state certificates; to provide for reinstatement9
of licenses and state certifications; to provide for the filing of licenses and state10
certificates; to provide for the denial, revocation, or suspension of licenses and state11
certificates; to provide for continuing education; to provide for fees; to provide for12
certain exceptions; to provide for penalties; to provide for the sharing of resources13
between boards; to provide for termination; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 36:259(E)(25) is hereby enacted to read as follows:16
§259. Transfer of agencies and functions to Department of Health and Hospitals17 SB NO. 134
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* * *1
E. The following agencies, as defined in R.S. 36:3, are transferred to and2
hereafter shall be within the Department of Health and Hospitals, as provided in R.S.3
36:803:4
* * *5
(25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)6
Section 2. Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950,7
comprised of R.S. 37:3701 through 3717 is hereby enacted to read as follows:8
CHAPTER 60. BEHAVIOR ANALYSTS9
§3701. Short title10
This Part shall be known and may be cited as the "Behavior Analyst11
Practice Act".12
§3702. Definitions13
As used in this Part the following words, terms, and phrases have the14
following meaning ascribed to them in this Section, unless the context clearly15
indicates a different meaning:16
(1) "Applied behavior analysis" means the design, implementation, and17
evaluation of systematic instructional and environmental modifications by a18
behavior analyst, to produce socially significant improvements in behavior.19
(2) "Assistant behavior analyst", "state certified assistant behavior20
analyst", or "SCABA" means an individual who by training, experience, and21
examination meets the requirements for certification by the board and is duly22
certified to engage in the practice of behavior analysis under the supervision of23
a licensed behavior analyst.24
(3) "Behavior analyst", "licensed behavior analyst" or "LBA" means an25
individual who by training, experience, and examination meets the26
requirements for licensing by the board and is duly licensed to independently27
practice behavior analysis in the state of Louisiana. The distinction of a licensed28
behavior analyst or LBA is separate and apart from any other licensed29 SB NO. 134
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individuals, including but not limited to psychologists.1
(4) "Board" means the Louisiana Behavior Analyst Board.2
(5) "Line technician" or "registered line technician" means an individual3
who works directly with the patient to implement applied behavior analysis4
services under the direction and supervision of a licensed behavior analyst and5
is registered as required in this Chapter.6
(6) "Scope of practice of behavior analysis" includes the empirical7
identification of functional relations between behavior and environments. It8
uses direct observation and measurement of behavior and environment, the9
empirical identification of functional relations between behavior and10
environmental factors, known as functional assessment and analysis. Applied11
behavior analysis interventions are based on scientific research and the direct12
observation and measurement of behavior and environment. They utilize13
contextual factors, establishing operations, antecedent stimuli, positive14
reinforcement, and other consequences to help people develop new behaviors,15
increase or decrease existing behaviors, and emit behaviors under specific16
environmental conditions. The practice of behavior analysis expressly excludes17
psychological testing, neuropsychology, cognitive therapy, diagnosis of18
psychiatric conditions, psychotherapy, sex therapy, psychoanalysis,19
hypnotherapy, and counseling as treatment modalities or academic teaching by20
college or university staff.21
§3703. Louisiana Behavior Analyst Board22
A. There is hereby created within the Department of Health and23
Hospitals the Louisiana Behavior Analyst Board which shall be subject to the24
provisions of R.S. 36:803.25
B. (1) The board shall consist of five behavior analysts who shall be26
appointed by the governor from a list of nominees submitted by the Louisiana27
Behavior Analysis Association and who shall be confirmed by the Senate.28
(2) The five behavior analysts shall become licensed once this Chapter29 SB NO. 134
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becomes effective.1
(3) Members of the board shall serve at the pleasure of the governor. A2
vacancy in an unexpired term shall be filled in the manner of the original3
appointment.4
(4)(a) The first two appointments to the initial board shall each serve a5
term of four years and such positions on the board shall be four year terms.6
(b)The third and fourth appointments to the initial board shall each7
serve a term of three years and such positions on the board shall be three year8
terms.9
(c) The fifth appointment to the initial board shall serve a term of five10
years and such position on the board shall be a five year term.11
(5) If there is a vacancy, the appointment to complete the term shall12
follow the same process to appoint members to the board.13
(6) No member of the board shall serve more than two consecutive14
complete terms on the board.15
(7) The State Board of Examiners of Psychologists shall appoint a16
member to serve as an ex officio, non-voting member of the board.17
C. The board shall convene its first meeting no later than October 1,18
2013. At this meeting, the board shall elect from among its membership a19
chairman and vice chairman.20
D. A majority of the members of the board shall constitute a quorum for21
the transaction of all business. The ex officio member shall not be considered22
for the purpose of establishing a quorum.23
E. The board shall meet at least monthly. The board shall meet at the call24
of the chairman or at the request of at least three members.25
F. Members of the board shall serve without compensation but shall be26
reimbursed for reasonable travel expenses incurred in attendance at meetings27
and other official business of the board.28
§3704. Powers and duties29 SB NO. 134
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A. The board shall have and exercise all powers and duties granted to1
it by this Chapter. In addition, the board shall have the authority to:2
(1) Establish and publish standards of behavior analysis practice.3
(2) Approve, deny, revoke, suspend, renew and reinstate licensure and4
state certification of duly qualified applicants.5
(3) Establish and publish standards for the registration of line6
technicians.7
(4) Adopt, revise, and enforce orders and rules, and promulgate8
regulations governing the licensure of behavior analysts, the state certification9
of assistant behavior analysts, the registration of line technicians, the practice10
of behavior analysis, the protection of the public, and proper administration in11
accordance with the Administrative Procedure Act.12
(5) Promulgate rules in accordance with the Administrative Procedure13
Act governing the temporary licensure of behavior analysts and the temporary14
state certification of assistant behavior analysts.15
(6) Promulgate rules in accordance with the Administrative Procedure16
Act governing the reciprocity of licensure of behavior analysts and the state17
certification of assistant behavior analysts provided that the standards under18
which the applicants were licensed or certified are at least as stringent as those19
required in this Chapter.20
(7) Receive, review and approve or disapprove applications for an21
emergency temporary license, state certification, and registration in response22
to a declared public health emergency.23
(8) Fine, censure, revoke, suspend or deny a license or state certificate,24
place on probation, reprimand or otherwise discipline licensees or holders of25
certificates for violations of the code of ethics or the rules and regulations of the26
board and committee.27
(9) Summarily suspend the license of a licensee or a state certificate28
holder of one who poses an imminent danger to the public acting upon the29 SB NO. 134
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recommendation of the committee provided that a hearing shall be afforded to1
the individual within ten days after any such action by the board to determine2
whether such summary action was warranted.3
(10) Accept grants, donations, or gifts of money or services from public4
or private individuals or organizations or from any other sources to be utilized5
for the purposes of the board. Such monies shall be deposited into the treasury6
of the board.7
(11) Create and adopt an official seal for the board.8
(12) Submit the names of applicants for licensure and state certification9
to the office of state police for criminal background checks.10
(13) Perform such other functions and duties as may be required to carry11
out under this Chapter.12
B. The board shall maintain and make available to the public a registry13
of behavioral analysts, assistant behavior analysts, and line technicians.14
§3705. License, state certification, or registration required15
No person shall hold himself out as a licensed behavior analyst, a state16
certified assistant behavior analyst, or a registered line technician unless17
licensed, state certified, or registered in accordance with the provisions of this18
Chapter.19
§3706. Qualifications of applicants of a licensed behavior analyst20
A. Notwithstanding any other provision of the Chapter or other law to21
the contrary, an applicant for licensure as a licensed behavior analyst shall be22
issued a behavior analyst license by the board upon satisfaction of all the23
following criteria:24
(1) Submission to the board of a completed application form. The board25
shall approve the form.26
(2) Payment of all mandatory licensure fees.27
(3) Proof of good moral character.28
(4) Submission of applicant to a criminal background check in29 SB NO. 134
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accordance with the authority granted to the board.1
(5) Proof that the applicant passed a nationally recognized examination2
administered by a nonprofit organization accredited by the National3
Commission for Certifying Agencies, the National Standards Institute, or a4
substantial equivalent to credential professional practitioners of behavior5
analysis related to the principles and practice of the profession of behavior6
analysis that is approved by the board.7
(6) Proof that the applicant passed the jurisprudence examination8
covering the laws and rules governing the practice of behavior analysis in9
Louisiana that is approved by the board.10
(7) Proof that the applicant conducts his professional activities in11
accordance with accepted standards, including the Guidelines for Responsible12
Conduct for Behavior Analysts and Professional Disciplinary and Ethical13
Standards of the Behavior Analyst Certification Board or other national14
professional organizations as approved by the board.15
(8) Proof that the applicant holds a master's degree from any regional16
accredited university or other institutions of higher learning.17
B. The standards and requirements in this Chapter shall be separate and18
unique from the standards and requirements for practicing psychology and19
pertain to the practice of applied behavior analysis.20
C. There shall be no requirement for individuals practicing under this21
Chapter to be supervised by members of other professions.22
D. A behavior analyst applicant who has a suspended license may23
reapply for licensure after three years from the date of suspension.24
§3707. Qualifications of applicants of a state certified assistant behavior analyst25
A. Notwithstanding any other provision of the Chapter or other law to26
the contrary, an applicant for state certification as a state certified assistant27
behavior analyst shall be issued an assistant behavior analyst state certificate28
by the board upon satisfaction of all the following criteria:29 SB NO. 134
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(1) Submission to the board of a completed application form. The board1
shall approve the form.2
(2) Payment of all mandatory certification fees.3
(3) Proof of good moral character.4
(4) Submission of applicant to a criminal background check in5
accordance with the authority granted to the board.6
(5) Proof that the applicant passed a nationally recognized examination7
administered by a nonprofit organization accredited by the National8
Commission for Certifying Agencies, the National Standards Institute, or a9
substantial equivalent to credential professional practitioners of behavior10
analysis related to the principles and practice of the profession of behavior11
analysis that is approved by the board.12
(6) Proof that the applicant passed the jurisprudence examination13
covering the laws and rules governing the practice of behavior analysis in14
Louisiana that is approved by the board.15
(7) Proof that the applicant conducts his professional activities in16
accordance with accepted standards, including the Guidelines for Responsible17
Conduct for Behavior Analysts and Professional Disciplinary and Ethical18
Standards of the Behavior Analyst Certification Board or other national19
professional organizations as approved by the board.20
(8) Proof that the applicant holds a bachelor's degree from any regional21
accredited university or other institutions of higher learning.22
B. The standards and requirements in this Chapter shall be separate and23
unique from the standards and requirements for practicing psychology and24
pertain to the practice of applied behavior analysis.25
C. There shall be no requirement for practicing under this Chapter to26
be supervised by members of other professions.27
D. An assistant behavior analyst applicant who has a suspended28
certificate may reapply for certification after three years from the date of29 SB NO. 134
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suspension.1
§3708. Registration of line technician2
A. A line technician shall be registered by his supervising licensed3
behavior analyst with the board.4
B. At registration, the line technician shall submit a criminal background5
report, issued not more than fourteen days from the date of registration.6
C. The registration provided for in this Section shall be renewed7
annually by the supervising licensed behavior analyst.8
§3709. Issuance and renewal of license and state certificate9
A. The board shall issue a license or state certificate to any person who10
meets the qualifications provided in this Chapter and the rules and regulations11
of the board, and who pays the applicable fees fixed by the board.12
B. A license or state certificate issued under provisions of this Chapter13
shall be subject to annual renewal and shall expire and become null and void14
unless renewed in the manner prescribed by the board.15
C. License and state certificate renewal shall require documentation of16
completion of the continuing education as required by this Chapter.17
§3710. Reinstatement of license and state certificate18
A. Any license or state certificate suspended, revoked, or otherwise19
restricted by the board may be reinstated by the board.20
B. A license or state certificate that has expired without renewal for a21
period of one year from the date of expiration may be reinstated by the board22
provided the applicant shall otherwise be eligible under the provisions of this23
Chapter, pays the applicable fees, satisfies the continuing education24
requirement, and meets such other requirements as may be established by the25
board.26
§3711. License and state certificate; filing27
The board shall issue a license or certificate signed by the board's28
chairman, vice chairman, and all members of the board whenever a candidate29 SB NO. 134
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for licensure or state certification is found to be qualified as provided in this1
Chapter. A copy of such license or state certificate, so certified by the board's2
vice chairman as a true copy, shall be filed with the secretary of state by the3
administrative assistant of the board. Any filing fees in connection with such4
filing shall be paid, in advance, to the administrative assistant of the board by5
the person being licensed or receiving a certificate.6
§3712. Denial, revocation, or suspension of license or state certificate7
A. A behavior analyst and anyone under the supervision of a behavior8
analyst shall conduct their activities in conformity with ethical and professional9
standards promulgated by the board under its current rules and regulations.10
B. The board shall have the power and duty to suspend, place on11
probation, require remediation for a specified time, revoke any license or state12
certificate to practice behavior analysis, or take any other action specified in the13
rules and regulations whenever the board, by affirmative vote of at least four14
of its five members, shall find by a preponderance of the evidence that a15
behavior analyst or assistant behavior analyst has engaged in any of the16
following acts or offenses:17
(1) Fraud or deception in applying for or procuring a license to practice18
behavior analysis.19
(2) Practicing behavior analysis in such a manner as to endanger the20
welfare of clients or patients, including but not limited to:21
(a) Harassment, intimidation, or abuse, sexual or otherwise, of a client22
or patient.23
(b) Engaging in sexual intercourse or other sexual contact with a client24
or patient.25
(c) Gross malpractice, repeated malpractice, or gross negligence in the26
practice of behavior analysis.27
(3) Conviction of a felony. A copy of the record of conviction, certified28
by the clerk of the court entering the conviction, shall be conclusive evidence.29 SB NO. 134
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(4) Conviction of any crime or offense which reflects the inability of the1
practitioner to practice behavior analysis with due regard for the health and2
safety of clients or patients.3
(5) Use of repeated untruthful, deceptive, or improbable statements4
concerning the licensee's qualifications or the effects or results of proposed5
treatment, including functioning outside of one's professional competence6
established by education, training, and experience.7
(6) Aiding or abetting the practice of behavior analysis by any person not8
licensed, state certified, or registered with the board and in violation of this9
Chapter.10
(7) Conviction of fraud in filing Medicare or Medicaid claims or in filing11
claims to any third party payor. A copy of the record of conviction, certified by12
the clerk of the court entering the conviction, shall be conclusive evidence.13
(8) Exercising undue influence in such a manner as to exploit the client14
or patient for financial or other personal advantage to the practitioner or a15
third party.16
(9) The suspension or revocation by another state of a license or17
certificate to practice behavior analysis. A certified copy of the record of18
suspension or revocation of the state making such a suspension or revocation19
shall be conclusive evidence thereof.20
(10) Refusal to appear before the board after having been ordered to do21
so in writing by a duly authorized agent of the board.22
(11) Making any fraudulent or untrue statement to the board.23
(12) Violation of the code of ethics adopted in the rules and regulations24
of the board or other immoral, unprofessional, or dishonorable conduct as25
defined in the rules and regulations of the board.26
(13) Inability to practice behavior analysis with reasonable skill and27
safety to patients or clients by reason of illness, inebriation, misuse of drugs,28
narcotics, alcohol, chemicals, or any other substance, or as a result of any29 SB NO. 134
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mental or physical condition.1
(14) Failure to report the physical, mental, or sexual abuse of a child to2
a law enforcement agency or district attorney.3
(15) Violation of any of the provisions of this Chapter or of the rules and4
regulations promulgated by the board.5
C. Proceedings for disciplinary action or for the denial or withholding6
of a license or state certificate under the authority of this Section shall be7
conducted in compliance with the Louisiana Administrative Procedure Act, R.S.8
49:950 et seq. The board may require a person against whom disciplinary9
action has been taken by the board after hearing to pay reasonable costs of the10
proceedings incurred by the board for hearing and any judicial review,11
including attorney, stenographer, and witness fees. These costs shall be paid no12
later than thirty days after the adjudication by the board becomes final. No13
license shall be issued, reinstated, or renewed until such costs have been paid.14
D. The board may deny or withhold for a specified time not to exceed15
two years the granting of a license or a state certificate to any applicant or16
candidate who has committed any of the acts or offenses set forth in Subsection17
B of this Section.18
E. Suspension by the board of the license of a behavior analyst or the19
state certificate of an assistant behavior analyst shall be for a period not20
exceeding two years.21
F. A person who has been refused a license or state certificate, or whose22
license or state certificate has been revoked, under the provisions of this Section,23
may reapply for licensure or state certification after more than two years have24
elapsed from the date such denial or revocation is legally effective.25
G. The board shall notify all licensed behavior analysts, state certified26
assistant behavior analysts, or registered line technicians of any disciplinary27
action taken against a licensed behavior analyst, a state certified assistant28
behavior analyst, or a registered line technician.29 SB NO. 134
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§3713. Continuing education1
A.(1) A licensed behavior analyst shall annually complete a minimum2
number of hours of continuing education relevant to the practice of behavior3
analysis as established by the board.4
(2) A certified assistant behavior analyst shall annually complete a5
minimum number of hours of continuing education relevant to the practice of6
behavior analysis as established by the board.7
B. The board shall develop the requirements for continuing education.8
C. The continuing education classes shall be approved by the board.9
§3714. Fees10
A. All monies received by the board under this Section shall be paid into11
the treasury of the board.12
B. Fees set by the board under the authority of this Chapter shall include13
fees for the following purposes which shall not exceed the maximum amounts14
listed below:15
(1) For application for licensure $40016
(2) For application for certification $25017
(3) For application for registration $5018
(4) For renewal of licensure $40019
(5) For renewal of certification $25020
(6) For renewal of registration $5021
(7) For JE examination $7522
(8) For late fees $5023
(9) For reissuance of license or certificate $1524
(10) For name changes on record $2525
(11) For background check $5026
(12) License verification $1527
(13) Insufficient check fee $1528
(14) For copies of documents in the board or committee's29 SB NO. 134
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possession $2 per page1
§3715. Persons and practices not affected2
The provisions of this Chapter shall not be construed as prohibiting or3
restricting the practice of any of the following:4
(1) Other human service professionals who are licensed, certified, or5
registered by the state of Louisiana, provided such individuals are working6
within the scope of practice of their profession and the scope of their training7
and competence.8
(2) State certified assistant behavior analyst or registered line technician9
who delivers applied behavior analysis services under the extended authority10
and direction of a licensed behavior analyst. Such state certified assistant11
behavior analyst or registered line technician shall not represent himself as a12
behavior analyst.13
(3) A family member or guardian of a recipient of applied behavior14
analysis services who implements certain applied behavior analysis procedures15
with recipient under the extended authority and direction of a licensed behavior16
analyst or a state certified assistant behavior analyst who is supervised by a17
licensed behavior analyst. Such an individual shall not represent himself as a18
behavior analyst.19
(4) An individual who practices with nonhumans, including applied20
animal behaviorists and animal trainers.21
(5) An individual who provides general applied behavior analysis22
services to an organization, so long as those services are for the benefit of such23
organization and does not involve direct services to an individual.24
(6) A matriculated college or university student, intern, or postdoctoral25
fellow whose activities are part of a defined behavior analysis program of study,26
practicum, or intensive practicum. Such practice under this exemption requires27
the direct supervision by a licensed behavior analyst in this state or an28
instructor in an approved course sequence approved by the board. A student,29 SB NO. 134
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intern, or postdoctoral fellow shall not represent himself as a behavior analyst1
and shall use a title that clearly indicates his training status, such as "behavior2
analysis student", "behavior analysis intern", "behavior analysis trainee", or3
other title clearly indicating such training status.4
(7) An individual who teaches behavior analysis or conducts behavior5
analytic research, provided that such teaching or research shall not involve the6
delivery of direct behavior analytic services. Such individual may use the title7
"behavior analyst" but may not represent himself as a licensed behavior analyst8
or a state certified assistant behavior analyst unless he holds one of those9
credentials issued by the board.10
(8) An unlicensed individual pursuing experiential training in behavior11
analysis consistent with the licensure requirements and standards as required12
by the board, provided such experience is supervised by a licensed behavior13
analyst.14
(9) An individual licensed to practice psychology within the state, so long15
as the applied behavior analysis services provided by the licensed psychologist16
are within the licensed psychologist's education, training, and expertise and17
provided he does not represent himself as behavior analysts, assistant behavior18
analysts, licensed behavior analysts, or state certified assistant behavior analysts19
without being duly licensed or state certified.20
§3716. Penalties21
A. It shall be a misdemeanor for any individual:22
(1) Not licensed, state certified, or registered under this Chapter to23
represent himself as a licensed behavior analyst, a state certified assistant24
behavior analyst, or a registered line technician.25
(2) Not licensed, state certified, or registered under this Chapter to26
engage in the practice of behavior analysis.27
(3) To represent himself as a licensed behavior analyst or a state28
certified assistant behavior analyst during the time that his license or state29 SB NO. 134
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certificate as a behavior analyst or an assistant behavior analyst shall be1
suspended or revoked or lapsed.2
(4) To employ as a line technician, a line technician who is not registered3
pursuant to this Chapter.4
B. Such misdemeanor shall be punishable upon conviction by5
imprisonment for not more than six months, or by a fine of not less than one6
hundred dollars nor more than five hundred dollars, or both. Each violation7
shall be deemed a separate offense.8
C. Such misdemeanor shall be prosecuted by the district attorney of the9
judicial district in which the offense was committed.10
11
§3717. Termination12
The provisions of this Chapter shall terminate and have no effect on and13
after July 1, 2018.14
Section 3. The Louisiana Behavior Analyst Board and the State Board of Examiners15
of Psychologists shall share office space, professional staff, and other resources in the16
operation and management of each of the respective boards.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law enacts the Behavior Analysts Practice Act. Provides for definitions relative to
the practice.
Proposed law provides for the Louisiana Behavior Analyst Board within the Department of
Health and Hospitals. Provides for a board consisting of five behavior analysts appointed by
the governor and subject to Senate confirmation. Board nominees are submitted to the
governor by the Louisiana Behavior Analysis Association, and the members serve for
staggered terms as follows: the first two appointees serve for four year terms; the third and
fourth appointees serve for three year terms; and the fifth appointee serves for a five year
term. Vacancies are to be filled in the same manner as the original appointees. Provides that
no member of the board serve for more than two consecutive complete terms. Also provides
for an ex officio, non-voting member appointed by the State Board of Examiners of
Psychologists. Provides for the board to convene its first meeting no later than October 1,
2013, at which time the chairman and vice chairman are to be selected by the board.
Provides that a majority of the board members shall constitute a quorum. Requires monthly
meetings of the board and permits additional meetings at the call of the chairman or at the
request of at least three members of the board. Provides for reimbursement of reasonable
travel expenses but no compensation for board members. SB NO. 134
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Proposed law provides for the powers and duties of the board, including establishing
standards of practice, licensure, revocation and suspension of license, reinstatement for
behavior analysts and assistant behavior analysts, and for registration of line technicians.
Also provides for fines and censure by the board.
Proposed law also authorizes the board to accept grants, donations, and gifts of money or
services.
Proposed law requires the board to maintain and make available to the public a registry of
behavior analysts, assistant behavior analysts, and line technicians.
Proposed law provides that no person shall hold himself out as a licensed behavior analyst,
a state certified assistant behavior analyst, or a registered line technician unless licensed,
state certified, or registered in accordance with the provisions of proposed law.
Proposed law provides the following licensure requirements for a behavior analyst:
(1)Submission to the board of a completed application form.
(2)Payment of all mandatory licensure fees.
(3)Proof of good moral character.
(4)Submission of applicant to a criminal background check in accordance with the
authority granted to the board.
(5)Proof that the applicant passed a nationally recognized examination administered by
a nonprofit organization accredited by the National Commission for Certifying
Agencies, the National Standards Institute, or a substantial equivalent to credential
professional practitioners of behavior analysis related to the principles and practice
of the profession of behavior analysis that is approved by the board.
(6)Proof that the applicant passed the jurisprudence examination covering the laws and
rules governing the practice of behavior analysis in Louisiana that is approved by the
board.
(7)Proof that the applicant conducts his professional activities in accordance with
accepted standards, including the Guidelines for Responsible Conduct for Behavior
Analysts and Professional Disciplinary and Ethical Standards of the Behavior
Analyst Certification Board or other national professional organizations as approved
by the board.
(8)Proof that the applicant holds a master's degree from any regional accredited
university or other institutions of higher learning.
Proposed law provides the following licensure requirements for a state certified assistant
behavior analyst:
(1)Submission to the board of a completed application form.
(2)Payment of all mandatory certification fees.
(3)Proof of good moral character.
(4)Submission of applicant to a criminal background check in accordance with the
authority granted to the board. SB NO. 134
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words in boldface type and underscored are additions.
(5)Proof that the applicant passed a nationally recognized examination administered by
a nonprofit organization accredited by the National Commission for Certifying
Agencies, the National Standards Institute, or a substantial equivalent to credential
professional practitioners of behavior analysis related to the principles and practice
of the profession of behavior analysis that is approved by the board.
(6)Proof that the applicant passed the jurisprudence examination covering the laws and
rules governing the practice of behavior analysis in Louisiana that is approved by the
board.
(7)Proof that the applicant conducts his professional activities in accordance with
accepted standards, including the Guidelines for Responsible Conduct for Behavior
Analysts and Professional Disciplinary and Ethical Standards of the Behavior
Analyst Certification Board or other national professional organizations as approved
by the board.
(8)Proof that the applicant holds a bachelor's degree from any regional accredited
university or other institutions of higher learning.
Proposed law provides that a line technician be registered by his supervising licensed
behavior analyst with the board, and requires that at registration, the line technician submit
a criminal background report, issued not more than 14 days from the date of registration.
Further requires annual renewal of the registration.
Proposed law provides for annual renewal of licenses and certificates, and for documentation
of completion of continuing education as required by the board. Provides for filing of a copy
of each license and certificate with the secretary of state. Provides for adherence to ethical
and professional standards as promulgated by the board.
Proposed law provides for the power and duty of the board with regard to suspension and
revocation of any license or certificate whenever the board, by affirmative vote of at least
four of its five members, finds by a preponderance of the evidence that a licensee or holder
of a certificate has engaged in any of the following acts or offenses:
(1)Fraud or deception in applying for or procuring a license to practice behavior
analysis.
(2)Practicing behavior analysis in such a manner as to endanger the welfare of clients
or patients, including but not limited to:
(a)Harassment, intimidation, or abuse, sexual or otherwise, of a client or patient.
(b)Engaging in sexual intercourse or other sexual contact with a client or
patient.
(c)Gross malpractice, repeated malpractice, or gross negligence in the practice
of behavior analysis.
(3)Conviction of a felony. A copy of the record of conviction, certified by the clerk of
the court entering the conviction, shall be conclusive evidence.
(4)Conviction of any crime or offense which reflects the inability of the practitioner to
practice behavior analysis with due regard for the health and safety of clients or
patients.
(5)Use of repeated untruthful, deceptive, or improbable statements concerning the
licensee's qualifications or the effects or results of proposed treatment, including
functioning outside of one's professional competence established by education, SB NO. 134
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words in boldface type and underscored are additions.
training, and experience.
(6)Aiding or abetting the practice of behavior analysis by any person not licensed, state
certified, or registered with the board and in violation of this Chapter.
(7)Conviction of fraud in filing Medicare or Medicaid claims or in filing claims to any
third party payor. A copy of the record of conviction, certified by the clerk of the
court entering the conviction, shall be conclusive evidence.
(8)Exercising undue influence in such a manner as to exploit the client or patient for
financial or other personal advantage to the practitioner or a third party.
(9)The suspension or revocation by another state of a license or certificate to practice
behavior analysis. A certified copy of the record of suspension or revocation of the
state making such a suspension or revocation shall be conclusive evidence thereof.
(10)Refusal to appear before the board after having been ordered to do so in writing by
a duly authorized agent of the board.
(11)Making any fraudulent or untrue statement to the board.
(12)Violation of the code of ethics adopted in the rules and regulations of the board or
other immoral, unprofessional, or dishonorable conduct as defined in the rules and
regulations of the board.
(13)Inability to practice behavior analysis with reasonable skill and safety to patients or
clients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,
chemicals, or any other substance, or as a result of any mental or physical condition.
(14)Failure to report the physical, mental, or sexual abuse of a child to a law enforcement
agency or district attorney.
(15)Violation of any of the provisions of this Chapter or of the rules and regulations
promulgated by the board.
Further provides that disciplinary proceedings shall be conducted in compliance with the
Administrative Procedure Act, and provides for the assessment of reasonable costs against
the person subject to the disciplinary proceedings, to be paid no later than 30 days after the
adjudication becomes final. Further provides for periods of suspension.
Proposed law authorizes the board to set fees and establishes the maximum amounts of such
fees. Also provides penalties for those who violate the provisions of the proposed law.
Proposed law provides that its provisions shall terminate and have no effect on and after July
1, 2018.
Effective August 1, 2013.
(Adds R.S. 36:259(E)(25) and R.S. 37:3701-3717)