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 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.
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.
(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. 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.