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Regular Session, 2013
SENATE BILL NO. 134
BY SENATORS MORRELL AND HEITMEIER AND REPRESENTATIVE KLECKLEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH SERVICES. Provides for licensure of behavior analysts. (2/3 - CA 7s2.1(A))
(8/1/13)
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 3718, relative to behavior analysts;3
to create the Louisiana Behavior Analyst Board within the Department of Health and4
Hospitals; to provide for the Behavior Analyst Practice Act; to provide for5
definitions; to provide for the Louisiana Behavior Analyst Board and provide for its6
powers and duties; to provide for the requirements of licensure, state certification,7
or registration; to provide for the qualifications for licensure and state certification;8
to provide for issuance and renewal of licenses and state certificates; to provide for9
reinstatement of licenses and state certifications; to provide for the filing of licenses10
and state certificates; to provide for the denial, revocation, or suspension of licenses11
and state certificates; to provide for continuing education; to provide for fees; to12
provide for certain exceptions; to provide for penalties; to provide for injunctive13
proceedings; to provide for the sharing of resources between boards; to provide for14
termination; and to provide for related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 36:259(E)(25) is hereby enacted to read as follows:17 SB NO. 134
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§259. Transfer of agencies and functions to Department of Health and Hospitals1
* * *2
E. The following agencies, as defined in R.S. 36:3, are transferred to and3
hereafter shall be within the Department of Health and Hospitals, as provided in R.S.4
36:803:5
* * *6
(25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)7
Section 2. Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 37:3701 through 3718, is hereby enacted to read as follows:9
CHAPTER 60. BEHAVIOR ANALYSTS10
§3701. Short title11
This Part shall be known and may be cited as the "Behavior Analyst12
Practice Act".13
§3702. Definitions14
As used in this Part the following words, terms, and phrases have the15
following meaning ascribed to them in this Section, unless the context clearly16
indicates a different meaning:17
(1) "Applied behavior analysis" means the design, implementation, and18
evaluation of systematic instructional and environmental modifications by a19
behavior analyst, to produce socially significant improvements in behavior.20
(2) "Assistant behavior analyst", "state certified assistant behavior21
analyst", or "SCABA" means an individual who by training, experience, and22
examination meets the requirements for certification by the board and is duly23
certified to engage in the practice of behavior analysis under the supervision of24
a licensed behavior analyst.25
(3) "Behavior analyst", "licensed behavior analyst" or "LBA" means an26
individual who by training, experience, and examination meets the27
requirements for licensing by the board and is duly licensed to independently28
practice behavior analysis in the state of Louisiana. The distinction of a licensed29 SB NO. 134
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behavior analyst or LBA is separate and apart from any other licensed1
individuals, including but not limited to psychologists.2
(4) "Board" means the Louisiana Behavior Analyst Board.3
(5) "Line technician" or "registered line technician" means an individual4
who works directly with the client to implement applied behavior analysis5
services under the direction and supervision of a licensed behavior analyst and6
is registered as required in this Chapter.7
(6) "Scope of practice of behavior analysis" includes the empirical8
identification of functional relations between behavior and environments. It9
uses direct observation and measurement of behavior and environment, the10
empirical identification of functional relations between behavior and11
environmental factors, known as functional assessment and analysis. Applied12
behavior analysis interventions are based on scientific research and the direct13
observation and measurement of behavior and environment. They utilize14
contextual factors, establishing operations, antecedent stimuli, positive15
reinforcement, and other consequences to help people develop new behaviors,16
increase or decrease existing behaviors, and emit behaviors under specific17
environmental conditions. The practice of behavior analysis expressly excludes18
psychological testing, neuropsychology, cognitive therapy, diagnosis of19
psychiatric conditions, psychotherapy, sex therapy, psychoanalysis,20
hypnotherapy, and mental health counseling or academic teaching by college or21
university staff.22
§3703. Louisiana Behavior Analyst Board23
A. There is hereby created within the Department of Health and24
Hospitals the Louisiana Behavior Analyst Board which shall be subject to the25
provisions of R.S. 36:803.26
B. (1) The board shall consist of five behavior analysts who shall be27
appointed by the governor from a list of nominees submitted by the Louisiana28
Behavior Analysis Association, and who shall be confirmed by the Senate.29 SB NO. 134
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(2) The five behavior analysts shall become licensed once this Chapter1
becomes effective.2
(3) Members of the board shall serve at the pleasure of the governor. A3
vacancy in an unexpired term shall be filled in the manner of the original4
appointment.5
(4)(a) The first two appointments to the initial board shall each serve a6
term of four years, and such positions on the board shall be four-year terms.7
(b)The third and fourth appointments to the initial board shall each8
serve a term of three years, and such positions on the board shall be three-year9
terms.10
(c) The fifth appointment to the initial board shall serve a term of five11
years, and such position on the board shall be a five-year term.12
(5) If there is a vacancy, the appointment to complete the term shall13
follow the same process to appoint members to the board.14
(6) No member of the board shall serve more than two consecutive15
complete terms on the board.16
(7) The State Board of Examiners of Psychologists shall appoint a17
member to serve as an ex officio, nonvoting member of the board.18
C. The board shall convene its first meeting no later than October 1,19
2013. At this meeting, the board shall elect from among its membership a20
chairman and vice chairman.21
D. A majority of the members of the board shall constitute a quorum for22
the transaction of all business. The ex officio member shall not be considered23
for the purpose of establishing a quorum.24
E. The board shall meet at least quarterly. The board shall meet at the25
call of the chairman or at the request of at least three members.26
F. Members of the board shall serve without compensation but shall be27
reimbursed for reasonable travel expenses incurred in attendance at meetings28
and other official business of the board.29 SB NO. 134
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§3704. Powers and duties1
A. The board shall have and exercise all powers and duties granted to2
it by this Chapter. In addition, the board shall have the authority to:3
(1) Establish and publish standards of behavior analysis practice.4
(2) Approve, deny, revoke, suspend, renew and reinstate licensure and5
state certification of duly qualified applicants.6
(3) Establish and publish standards for the registration of line7
technicians.8
(4) Adopt, revise, and enforce orders and rules, and promulgate9
regulations governing the licensure of behavior analysts, the state certification10
of assistant behavior analysts, the registration of line technicians, the practice11
of behavior analysis, the protection of the public, and proper administration in12
accordance with the Administrative Procedure Act.13
(5) Promulgate rules in accordance with the Administrative Procedure14
Act governing the temporary licensure of 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 in response to a declared public health emergency.22
(8) Fine, censure, revoke, suspend or deny a license or state certificate,23
place on probation, reprimand or otherwise discipline licensees or holders of24
certificates for violations of the code of ethics or the rules and regulations of the25
board and committee.26
(9) Summarily suspend the license of a licensee or a state certificate27
holder of one who poses an imminent danger to the public acting upon the28
recommendation of the committee provided that a hearing shall be afforded to29 SB NO. 134
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the individual within ten days after any such action by the board to determine1
whether such summary action was warranted.2
(10) Accept grants, donations, or gifts of money or services from public3
or private individuals or organizations or from any other sources to be utilized4
for the purposes of the board. Such monies shall be deposited into the treasury5
of the board.6
(11) Create and adopt an official seal for the board.7
(12) Submit the names of applicants for licensure and state certification8
to the Louisiana Bureau of Criminal Identification and Information of the office9
of state police within the Department of Public Safety and Corrections for10
criminal background checks. Upon the board's submission of an applicant's11
fingerprints and such other identifying information as may be required, the12
Louisiana Bureau of Criminal Identification and Information of the office of13
state police within the Department of Public Safety and Corrections shall survey14
its criminal history records and identification files and make a simultaneous15
request of the Federal Bureau of Investigation for like information from other16
jurisdictions. The Louisiana Bureau of Criminal Identification and Information17
of the office of state police within the Department of Public Safety and18
Corrections may charge the board a reasonable processing fee for conducting19
and reporting on any such search.20
(13) Perform such other functions and duties as may be required to carry21
out under this Chapter.22
B. The board shall maintain and make available to the public a registry23
of licensed behavior analysts, state certified assistant behavior analysts, and24
registered line technicians.25
§3705. License, state certification, or registration required26
A. No person shall hold himself out as a licensed behavior analyst, a27
state certified assistant behavior analyst, or a registered line technician unless28
licensed, state certified, or registered in accordance with the provisions of this29 SB NO. 134
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Chapter.1
B. This Section shall be enforced beginning December 31, 2013.2
§3706. Qualifications of applicants of a licensed behavior analyst3
A. Notwithstanding any other provision of this Chapter or other law to4
the contrary, an applicant for licensure as a licensed behavior analyst shall be5
issued a behavior analyst license by the board upon satisfaction of all the6
following criteria:7
(1) Submission to the board of a completed application form. The board8
shall approve the form.9
(2) Payment of all mandatory licensure fees.10
(3) Proof of good moral character.11
(4) Satisfactory completion of the criminal background check in12
accordance with the authority granted to the board.13
(5) Proof that the applicant passed a nationally recognized examination14
administered by a nonprofit organization accredited by the National15
Commission for Certifying Agencies, the American National Standards16
Institute, or a substantial equivalent to credential professional practitioners of17
behavior analysis related to the principles and practice of the profession of18
behavior analysis that is approved by the board.19
(6) Proof that the applicant passed the jurisprudence examination20
covering the laws and rules governing the practice of behavior analysis in21
Louisiana that is approved by the board.22
(7) Proof that the applicant conducts his professional activities in23
accordance with accepted standards, including the Guidelines for Responsible24
Conduct for Behavior Analysts and Professional Disciplinary and Ethical25
Standards of the Behavior Analyst Certification Board or other national26
credentialing bodies as approved by the board.27
(8) Proof that the applicant holds a master's degree from any accredited28
university or other institution of higher learning.29 SB NO. 134
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B. The standards and requirements in this Chapter shall be separate and1
unique from the standards and requirements for practicing psychology and2
pertain to the practice of applied behavior analysis.3
C. There shall be no requirement for individuals practicing under this4
Chapter to be supervised by members of other professions.5
D. A behavior analyst applicant who has a suspended license may6
reapply for licensure after three years from the date of suspension.7
§3707. Qualifications of applicants of a state certified assistant behavior analyst8
A. Notwithstanding any other provision of this Chapter or other law to9
the contrary, an applicant for state certification as a state certified assistant10
behavior analyst shall be issued an assistant behavior analyst state certificate11
by the board upon satisfaction of all the following criteria:12
(1) Submission to the board of a completed application form. The board13
shall approve the form.14
(2) Payment of all mandatory certification fees.15
(3) Proof of good moral character.16
(4) Satisfactory completion of the criminal background check in17
accordance with the authority granted to the board.18
(5) Proof that the applicant passed a nationally recognized examination19
administered by a nonprofit organization accredited by the National20
Commission for Certifying Agencies, the National Standards Institute, or a21
substantial equivalent to credential professional practitioners of behavior22
analysis related to the principles and practice of the profession of behavior23
analysis that is approved by the board.24
(6) Proof that the applicant passed the jurisprudence examination25
covering the laws and rules governing the practice of behavior analysis in26
Louisiana that is approved by the board.27
(7) Proof that the applicant conducts his professional activities in28
accordance with accepted standards, including the Guidelines for Responsible29 SB NO. 134
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Conduct for Behavior Analysts and Professional Disciplinary and Ethical1
Standards of the Behavior Analyst Certification Board or other national2
professional organizations as approved by the board.3
(8) Proof that the applicant holds a bachelor's degree from any4
accredited university or other institution of higher learning.5
B. The standards and requirements in this Chapter shall be separate and6
unique from the standards and requirements for practicing psychology and7
pertain to the practice of applied behavior analysis.8
C. There shall be no requirement for practicing individuals under this9
Chapter to be supervised by members of other professions.10
D. An assistant behavior analyst applicant who has a suspended11
certificate may reapply for certification after three years from the date of12
suspension.13
§3708. Registration of line technician14
A. A line technician shall be registered by his supervising licensed15
behavior analyst with the board.16
B. At registration, the line technician shall submit a criminal background17
report from the Louisiana Bureau of Criminal Identification and Information18
of the office of state police within the Department of Public Safety and19
Corrections, issued not more than fourteen days from the date of registration.20
C. The registration provided for in this Section shall be renewed21
annually by the supervising licensed behavior analyst.22
§3709. Issuance and renewal of license and state certificate23
A. The board shall issue a license or state certificate to any person who24
meets the qualifications provided in this Chapter and the rules and regulations25
of the board, and who pays the applicable fees fixed by the board.26
B. A license or state certificate issued under provisions of this Chapter27
shall be subject to annual renewal and shall expire and become null and void28
unless renewed in the manner prescribed by the board.29 SB NO. 134
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C. License and state certificate renewal shall require documentation of1
completion of the continuing education as required by this Chapter.2
§3710. Reinstatement of license and state certificate3
A. Any license or state certificate suspended, revoked, or otherwise4
restricted by the board may be reinstated by the board.5
B. A license or state certificate that has expired without renewal for a6
period of one year from the date of expiration may be reinstated by the board7
provided the applicant shall otherwise be eligible under the provisions of this8
Chapter, pays the applicable fees, satisfies the continuing education9
requirement, and meets such other requirements as may be established by the10
board.11
§3711. License and state certificate; filing12
The board shall issue a license or certificate signed by the board's13
chairman, vice chairman, and all members of the board whenever a candidate14
for licensure or state certification is found to be qualified as provided in this15
Chapter. A copy of such license or state certificate, so certified by the board's16
vice chairman as a true copy, shall be filed with the secretary of state by the17
administrative assistant of the board. Any filing fees in connection with such18
filing shall be paid, in advance, to the administrative assistant of the board by19
the person being licensed or receiving a certificate.20
§3712. Denial, revocation, or suspension of license or state certificate21
A. A licensed behavior analyst and anyone under the supervision of a22
licensed behavior analyst shall conduct his activities in conformity with ethical23
and professional standards promulgated by the board under its current rules24
and regulations.25
B. The board shall have the power and duty to suspend, place on26
probation, require remediation for a specified time, revoke any license or state27
certificate to practice behavior analysis, or take any other action specified in the28
rules and regulations whenever the board, by affirmative vote of at least four29 SB NO. 134
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of its five members, shall find by a preponderance of the evidence that a1
behavior analyst or assistant behavior analyst has engaged in any of the2
following acts or offenses:3
(1) Fraud or deception in applying for or procuring a license or a state4
certificate to practice behavior analysis.5
(2) Practicing behavior analysis in such a manner as to endanger the6
welfare of clients or patients, including but not limited to:7
(a) Harassment, intimidation, or abuse, sexual or otherwise, of a client8
or patient.9
(b) Engaging in sexual intercourse or other sexual contact with a client10
or patient.11
(c) Gross malpractice, repeated malpractice, or gross negligence in the12
practice of behavior analysis.13
(3) Conviction of a felony. A copy of the record of conviction, certified14
by the clerk of the court entering the conviction, shall be conclusive evidence.15
(4) Conviction of any crime or offense which reflects the inability of the16
practitioner to practice behavior analysis with due regard for the health and17
safety of clients or patients.18
(5) Use of repeated untruthful, deceptive, or improbable statements19
concerning the licensee's qualifications or the effects or results of proposed20
treatment, including functioning outside of one's professional competence21
established by education, training, and experience.22
(6) Aiding or abetting the practice of behavior analysis by any person not23
licensed, state certified, or registered with the board and in violation of this24
Chapter.25
(7) Conviction of fraud in filing Medicare or Medicaid claims or in filing26
claims to any third-party payor. A copy of the record of conviction, certified by27
the clerk of the court entering the conviction, shall be conclusive evidence.28
(8) Exercising undue influence in such a manner as to exploit the client29 SB NO. 134
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or patient for financial or other personal advantage to the practitioner or a1
third party.2
(9) The suspension or revocation by another state of a license or3
certificate to practice behavior analysis. A certified copy of the record of4
suspension or revocation of the state making such a suspension or revocation5
shall be conclusive evidence thereof.6
(10) Refusal to appear before the board after having been ordered to do7
so in writing by a duly authorized agent of the board.8
(11) Making any fraudulent or untrue statement to the board.9
(12) Violation of the code of ethics adopted in the rules and regulations10
of the board or other immoral, unprofessional, or dishonorable conduct as11
defined in the rules and regulations of the board.12
(13) Inability to practice behavior analysis with reasonable skill and13
safety to patients or clients by reason of illness, inebriation, misuse of drugs,14
narcotics, alcohol, chemicals, or any other substance, or as a result of any15
mental or physical condition.16
(14) Failure to report the physical, mental, or sexual abuse of a child to17
a law enforcement agency or district attorney.18
(15) Violation of any of the provisions of this Chapter or of the rules and19
regulations promulgated by the board.20
C. Proceedings for disciplinary action or for the denial or withholding21
of a license or state certificate under the authority of this Section shall be22
conducted in compliance with the Administrative Procedure Act. The board23
may require a person against whom disciplinary action has been taken by the24
board after the hearing to pay reasonable costs of the proceedings incurred by25
the board for the hearing and any judicial review, including attorney,26
stenographer, and witness fees. These costs shall be paid no later than thirty27
days after the adjudication by the board becomes final. No license shall be28
issued, reinstated, or renewed until such costs have been paid.29 SB NO. 134
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D. The board may deny or withhold for a specified time not to exceed1
two years the granting of a license or a state certificate to any applicant or2
candidate who has committed any of the acts or offenses set forth in Subsection3
B of this Section.4
E. Suspension by the board of the license of a behavior analyst or the5
state certificate of an assistant behavior analyst shall be for a period not6
exceeding two years.7
F. A person who has been refused a license or state certificate, or whose8
license or state certificate has been revoked, under the provisions of this Section,9
may reapply for licensure or state certification after more than two years have10
elapsed from the date such denial or revocation is legally effective.11
G. The board shall notify all licensed behavior analysts, state certified12
assistant behavior analysts, and registered line technicians of any disciplinary13
action taken against a licensed behavior analyst, a state certified assistant14
behavior analyst, or a registered line technician.15
§3713. Continuing education16
A.(1) A licensed behavior analyst shall annually complete a minimum17
number of hours of continuing education relevant to the practice of behavior18
analysis as established by the board.19
(2) A certified assistant behavior analyst shall annually complete a20
minimum number of hours of continuing education relevant to the practice of21
behavior analysis as established by the board.22
B. The board shall develop the requirements for continuing education.23
C. The continuing education classes shall be approved by the board.24
§3714. Fees25
A. All monies received by the board under this Section shall be paid into26
the treasury of the board.27
B. Fees set by the board under the authority of this Chapter shall include28
fees for the following purposes which shall not exceed the maximum amounts29 SB NO. 134
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listed below:1
(1) For application for licensure $4002
(2) For application for certification $2503
(3) For application for registration $504
(4) For renewal of licensure $4005
(5) For renewal of certification $2506
(6) For renewal of registration $507
(7) For JE examination $758
(8) For late fees $509
(9) For reissuance of license or certificate $1510
(10) For name changes on record $2511
(11) For background check $5012
(12) License verification $1513
(13) Insufficient check fee $1514
(14) For copies of documents in the board or committee's15
possession $2 per page16
(15) For temporary licensure $12517
§3715. Persons and practices not affected18
The provisions of this Chapter shall not be construed as prohibiting or19
restricting the practice of any of the following:20
(1) Other human service professionals who are licensed, certified, or21
registered by the state of Louisiana, provided such individuals are working22
within the scope of practice of their profession and the scope of their training23
and competence.24
(2) State certified assistant behavior analyst or registered line technician25
who delivers applied behavior analysis services under the extended authority26
and direction of a licensed behavior analyst. Such state certified assistant27
behavior analyst or registered line technician shall not represent himself as a28
behavior analyst.29 SB NO. 134
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(3) A family member or guardian of a recipient of applied behavior1
analysis services who implements certain applied behavior analysis procedures2
with the recipient under the extended authority and direction of a licensed3
behavior analyst or a state certified assistant behavior analyst, who is4
supervised by a licensed behavior analyst. Such an individual shall not5
represent himself as a behavior analyst.6
(4) An individual who practices with nonhumans, including applied7
animal behaviorists and animal trainers.8
(5) An individual who provides general applied behavior analysis9
services to an organization, so long as those services are for the benefit of such10
organization and do not involve direct services to individuals.11
(6) A matriculated college or university student, intern, or postdoctoral12
fellow whose activities are part of a defined behavior analysis program of study,13
practicum, intensive practicum, or supervised independent fieldwork. Such14
practice under this exemption requires the direct supervision by a licensed15
behavior analyst in this state or an instructor in an approved course sequence16
approved by the board. A student, intern, or postdoctoral fellow shall not17
represent himself as a behavior analyst and shall use a title that clearly indicates18
his training status, such as "behavior analysis student", "behavior analysis19
intern", "behavior analysis trainee", or other title clearly indicating such20
training status.21
(7) An individual who teaches behavior analysis or conducts behavior22
analytic research, provided that such teaching or research shall not involve the23
delivery of direct behavior analytic services. Such individual may use the title24
"behavior analyst" but may not represent himself as a licensed behavior analyst25
or a state certified assistant behavior analyst unless he holds one of those26
credentials issued by the board.27
(8) An unlicensed individual pursuing experiential training in behavior28
analysis consistent with the licensure requirements and standards as required29 SB NO. 134
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by the board, provided such experience is supervised by a licensed behavior1
analyst.2
(9) An individual licensed to practice psychology within the state, so long3
as the applied behavior analysis services provided by the licensed psychologist4
are within the licensed psychologist's education, training and expertise. This5
includes individuals acting under the extended authority and direction of6
licensed psychologists. Licensed psychologists and those acting under their7
extended authority are prohibited from representing themselves as behavior8
analysts, licensed behavior analysts, assistant behavior analysts, or state9
certified assistant behavior analysts without being duly licensed or state10
certified.11
§3716. Penalties12
A. It shall be a misdemeanor for any individual:13
(1) Not licensed, state certified, or registered under this Chapter to14
represent himself as a licensed behavior analyst, a state certified assistant15
behavior analyst, or a registered line technician.16
(2) Not licensed, state certified, or registered under this Chapter to17
engage in the practice of behavior analysis.18
(3) To represent himself as a licensed behavior analyst or a state19
certified assistant behavior analyst during the time that his license or state20
certificate as a behavior analyst or an assistant behavior analyst shall be21
suspended or revoked or lapsed.22
(4) To employ as a line technician, a line technician who is not registered23
pursuant to this Chapter.24
B. Such misdemeanor shall be punishable upon conviction by25
imprisonment for not more than six months or by a fine of not less than one26
hundred dollars nor more than five hundred dollars, or both. Each violation27
shall be deemed a separate offense.28
C. Such misdemeanor shall be prosecuted by the district attorney of the29 SB NO. 134
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judicial district in which the offense was committed.1
§3717. Injunctive proceedings2
A. The board may investigate any evidence or allegation which appears3
to show that any person is or may be in violation of any provision of this4
Chapter.5
B. The board may apply for an injunction in any court of competent6
jurisdiction to enjoin any person from committing any act which is in violation7
of this Chapter.8
C. If it be established that the defendant has been or is committing an9
act which is in violation of this Chapter, the court shall enter a decree10
perpetually enjoining said defendant from further committing such act.11
D. In case of violation of any injunction issued under the provisions of12
this Section, the court may summarily conduct a hearing and find the offender13
in contempt of court.14
E. Such injunctive proceedings shall be in addition to, and not in lieu of,15
all penalties and other remedies as provided in this Chapter.16
§3718. Termination17
The provisions of this Chapter shall terminate and have no effect on and18
after July 1, 2018.19
Section 3. The Louisiana Behavior Analyst Board and the State Board of Examiners20
of Psychologists shall share office space, professional staff, and other resources in the21
operation and management of each of the respective boards.22
The original instrument was prepared by Christopher D. Adams. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by J. Ashley Mitchell.
DIGEST
Morrell (SB 134)
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 SB NO. 134
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words in boldface type and underscored are additions.
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, nonvoting 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.
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
licensed behavior analysts, state certified 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)Satisfactory completion of the 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 American 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 credentialing bodies as approved by the
board.
(8)Proof that the applicant holds a master's degree from any accredited university or
other institutions of higher learning. SB NO. 134
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words in boldface type and underscored are additions.
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)Satisfactory completion of the 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 bachelor's degree from any 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 from the Louisiana Bureau of Criminal Identification and
Information of the office of state police within the Department of Public Safety and
Corrections, 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 or a state certificate 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. SB NO. 134
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(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,
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 the board with authority for injunctive proceedings. SB NO. 134
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words in boldface type and underscored are additions.
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. 37:3701-3718)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Changes the meeting requirement for the board from monthly to quarterly.
2. Removes the authority to issue temporary state certificates and registration.
3. Authorizes enforcement of the requirement for licensure, state certification,
and registration beginning December 31, 2013.
4. Authorizes in the fee schedule the fee for temporary licensure to a maximum
of $125.
5. Provides the board with injunctive proceedings authority.
6. Technical changes.
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau technical changes.