Page 1 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 ENROLLED SENATE BILL NO. 134 BY SENATORS MORRELL AND HEITMEIER AND REPRESENTATIVES ARMES, BADON, BARROW, BERTHELOT, BROSSETT, BROWN, COX, FOIL, GUINN, HAVARD, HOWARD, HUNTER, KATRINA JACKSON, KLECKLEY, LEGER, MORENO, SCHEXNAYDER, THIERRY, ALFRED WILLIAMS AND PATRICK WILLIAMS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. 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 §259. Transfer of agencies and functions to Department of Health and Hospitals18 * * *19 E. The following agencies, as defined in R.S. 36:3, are transferred to and20 hereafter shall be within the Department of Health and Hospitals, as provided in R.S.21 ACT No. 351 SB NO. 134 ENROLLED Page 2 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 36:803:1 * * *2 (25) Louisiana Behavior Analyst Board (R.S. 37:3701 et seq.)3 Section 2. Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950,4 comprised of R.S. 37:3701 through 3718, is hereby enacted to read as follows:5 CHAPTER 60. BEHAVIOR ANALYSTS6 §3701. Short title7 This Part shall be known and may be cited as the "Behavior Analyst8 Practice Act".9 §3702. Definitions10 As used in this Part the following words, terms, and phrases have the11 following meaning ascribed to them in this Section, unless the context clearly12 indicates a different meaning:13 (1) "Applied behavior analysis" means the design, implementation, and14 evaluation of systematic instructional and environmental modifications by a15 behavior analyst, to produce socially significant improvements in behavior.16 (2) "Assistant behavior analyst", "state certified assistant behavior17 analyst", or "SCABA" means an individual who by training, experience, and18 examination meets the requirements for certification by the board and is duly19 certified to engage in the practice of behavior analysis under the supervision of20 a licensed behavior analyst.21 (3) "Behavior analyst", "licensed behavior analyst" or "LBA" means an22 individual who by training, experience, and examination meets the23 requirements for licensing by the board and is duly licensed to independently24 practice behavior analysis in the state of Louisiana. The distinction of a licensed25 behavior analyst or LBA is separate and apart from any other licensed26 individuals, including but not limited to psychologists.27 (4) "Board" means the Louisiana Behavior Analyst Board.28 (5) "Line technician" or "registered line technician" means an individual29 who works directly with the client to implement applied behavior analysis30 SB NO. 134 ENROLLED Page 3 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. services under the direction and supervision of a licensed behavior analyst and1 is registered as required in this Chapter.2 (6) "Scope of practice of behavior analysis" includes the empirical3 identification of functional relations between behavior and environments. It4 uses direct observation and measurement of behavior and environment, the5 empirical identification of functional relations between behavior and6 environmental factors, known as functional assessment and analysis. Applied7 behavior analysis interventions are based on scientific research and the direct8 observation and measurement of behavior and environment. They utilize9 contextual factors, establishing operations, antecedent stimuli, positive10 reinforcement, and other consequences to help people develop new behaviors,11 increase or decrease existing behaviors, and emit behaviors under specific12 environmental conditions. The practice of behavior analysis expressly excludes13 psychological testing, neuropsychology, cognitive therapy, diagnosis of14 psychiatric conditions, psychotherapy, sex therapy, psychoanalysis,15 hypnotherapy, and mental health counseling or academic teaching by college or16 university staff.17 §3703. Louisiana Behavior Analyst Board18 A. There is hereby created within the Department of Health and19 Hospitals the Louisiana Behavior Analyst Board which shall be subject to the20 provisions of R.S. 36:803.21 B. (1) The board shall consist of five behavior analysts who shall be22 appointed by the governor from a list of nominees submitted by the Louisiana23 Behavior Analysis Association, and who shall be confirmed by the Senate.24 (2) The five behavior analysts shall become licensed once this Chapter25 becomes effective.26 (3) Members of the board shall serve at the pleasure of the governor. A27 vacancy in an unexpired term shall be filled in the manner of the original28 appointment.29 (4)(a) The first two appointments to the initial board shall each serve a30 SB NO. 134 ENROLLED Page 4 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. term of four years, and such positions on the board shall be four-year terms.1 (b)The third and fourth appointments to the initial board shall each2 serve a term of three years, and such positions on the board shall be three-year3 terms.4 (c) The fifth appointment to the initial board shall serve a term of five5 years, and such position on the board shall be a five-year term.6 (5) If there is a vacancy, the appointment to complete the term shall7 follow the same process to appoint members to the board.8 (6) No member of the board shall serve more than two consecutive9 complete terms on the board.10 (7) The State Board of Examiners of Psychologists shall appoint a11 member to serve as an ex officio, nonvoting member of the board.12 C. The board shall convene its first meeting no later than October 1,13 2013. At this meeting, the board shall elect from among its membership a14 chairman and vice chairman.15 D. A majority of the members of the board shall constitute a quorum for16 the transaction of all business. The ex officio member shall not be considered17 for the purpose of establishing a quorum.18 E. The board shall meet at least quarterly. The board shall meet at the19 call of the chairman or at the request of at least three members.20 F. Members of the board shall serve without compensation but shall be21 reimbursed for reasonable travel expenses incurred in attendance at meetings22 and other official business of the board.23 §3704. Powers and duties24 A. The board shall have and exercise all powers and duties granted to25 it by this Chapter. In addition, the board shall have the authority to:26 (1) Establish and publish standards of behavior analysis practice.27 (2) Approve, deny, revoke, suspend, renew and reinstate licensure and28 state certification of duly qualified applicants.29 (3) Establish and publish standards for the registration of line30 SB NO. 134 ENROLLED Page 5 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. technicians.1 (4) Adopt, revise, and enforce orders and rules, and promulgate2 regulations governing the licensure of behavior analysts, the state certification3 of assistant behavior analysts, the registration of line technicians, the practice4 of behavior analysis, the protection of the public, and proper administration in5 accordance with the Administrative Procedure Act.6 (5) Promulgate rules in accordance with the Administrative Procedure7 Act governing the temporary licensure of behavior analysts.8 (6) Promulgate rules in accordance with the Administrative Procedure9 Act governing the reciprocity of licensure of behavior analysts and the state10 certification of assistant behavior analysts provided that the standards under11 which the applicants were licensed or certified are at least as stringent as those12 required in this Chapter.13 (7) Receive, review, and approve or disapprove applications for an14 emergency temporary license in response to a declared public health emergency.15 (8) Fine, censure, revoke, suspend or deny a license or state certificate,16 place on probation, reprimand or otherwise discipline licensees or holders of17 certificates for violations of the code of ethics or the rules and regulations of the18 board and committee.19 (9) Summarily suspend the license of a licensee or a state certificate20 holder of one who poses an imminent danger to the public acting upon the21 recommendation of the committee provided that a hearing shall be afforded to22 the individual within ten days after any such action by the board to determine23 whether such summary action was warranted.24 (10) Accept grants, donations, or gifts of money or services from public25 or private individuals or organizations or from any other sources to be utilized26 for the purposes of the board. Such monies shall be deposited into the treasury27 of the board.28 (11) Create and adopt an official seal for the board.29 (12) Submit the names of applicants for licensure and state certification30 SB NO. 134 ENROLLED Page 6 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. to the Louisiana Bureau of Criminal Identification and Information of the office1 of state police within the Department of Public Safety and Corrections for2 criminal background checks. Upon the board's submission of an applicant's3 fingerprints and such other identifying information as may be required, the4 Louisiana Bureau of Criminal Identification and Information of the office of5 state police within the Department of Public Safety and Corrections shall survey6 its criminal history records and identification files and make a simultaneous7 request of the Federal Bureau of Investigation for like information from other8 jurisdictions. The Louisiana Bureau of Criminal Identification and Information9 of the office of state police within the Department of Public Safety and10 Corrections may charge the board a reasonable processing fee for conducting11 and reporting on any such search.12 (13) Perform such other functions and duties as may be required to carry13 out under this Chapter.14 B. The board shall maintain and make available to the public a registry15 of licensed behavior analysts, state certified assistant behavior analysts, and16 registered line technicians.17 §3705. License, state certification, or registration required18 A. No person shall hold himself out as a licensed behavior analyst, a19 state certified assistant behavior analyst, or a registered line technician unless20 licensed, state certified, or registered in accordance with the provisions of this21 Chapter.22 B. This Section shall be enforced beginning December 31, 2013.23 §3706. Qualifications of applicants of a licensed behavior analyst24 A. Notwithstanding any other provision of this Chapter or other law to25 the contrary, an applicant for licensure as a licensed behavior analyst shall be26 issued a behavior analyst license by the board upon satisfaction of all the27 following criteria:28 (1) Submission to the board of a completed application form. The board29 shall approve the form.30 SB NO. 134 ENROLLED Page 7 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (2) Payment of all mandatory licensure fees.1 (3) Proof of good moral character.2 (4) Satisfactory completion of the criminal background check in3 accordance with the authority granted to the board.4 (5) Proof that the applicant passed a nationally recognized examination5 administered by a nonprofit organization accredited by the National6 Commission for Certifying Agencies, the American National Standards7 Institute, or a substantial equivalent to credential professional practitioners of8 behavior analysis related to the principles and practice of the profession of9 behavior analysis that is approved by the board.10 (6) Proof that the applicant passed the jurisprudence examination11 covering the laws and rules governing the practice of behavior analysis in12 Louisiana that is approved by the board.13 (7) Proof that the applicant conducts his professional activities in14 accordance with accepted standards, including the Guidelines for Responsible15 Conduct for Behavior Analysts and Professional Disciplinary and Ethical16 Standards of the Behavior Analyst Certification Board or other national17 credentialing bodies as approved by the board.18 (8) Proof that the applicant holds a master's degree from any accredited19 university or other institution of higher learning.20 B. The standards and requirements in this Chapter shall be separate and21 unique from the standards and requirements for practicing psychology and22 pertain to the practice of applied behavior analysis.23 C. There shall be no requirement for individuals practicing under this24 Chapter to be supervised by members of other professions.25 D. A behavior analyst applicant who has a suspended license may26 reapply for licensure after three years from the date of suspension.27 §3707. Qualifications of applicants of a state certified assistant behavior analyst28 A. Notwithstanding any other provision of this Chapter or other law to29 the contrary, an applicant for state certification as a state certified assistant30 SB NO. 134 ENROLLED Page 8 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. behavior analyst shall be issued an assistant behavior analyst state certificate1 by the board upon satisfaction of all the following criteria:2 (1) Submission to the board of a completed application form. The board3 shall approve the form.4 (2) Payment of all mandatory certification fees.5 (3) Proof of good moral character.6 (4) Satisfactory completion of the criminal background check in7 accordance with the authority granted to the board.8 (5) Proof that the applicant passed a nationally recognized examination9 administered by a nonprofit organization accredited by the National10 Commission for Certifying Agencies, the National Standards Institute, or a11 substantial equivalent to credential professional practitioners of behavior12 analysis related to the principles and practice of the profession of behavior13 analysis that is approved by the board.14 (6) Proof that the applicant passed the jurisprudence examination15 covering the laws and rules governing the practice of behavior analysis in16 Louisiana that is approved by the board.17 (7) Proof that the applicant conducts his professional activities in18 accordance with accepted standards, including the Guidelines for Responsible19 Conduct for Behavior Analysts and Professional Disciplinary and Ethical20 Standards of the Behavior Analyst Certification Board or other national21 professional organizations as approved by the board.22 (8) Proof that the applicant holds a bachelor's degree from any23 accredited university or other institution of higher learning.24 B. The standards and requirements in this Chapter shall be separate and25 unique from the standards and requirements for practicing psychology and26 pertain to the practice of applied behavior analysis.27 C. There shall be no requirement for practicing individuals under this28 Chapter to be supervised by members of other professions.29 D. An assistant behavior analyst applicant who has a suspended30 SB NO. 134 ENROLLED Page 9 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. certificate may reapply for certification after three years from the date of1 suspension.2 §3708. Registration of line technician3 A. A line technician shall be registered by his supervising licensed4 behavior analyst with the board.5 B. At registration, the line technician shall submit a criminal background6 report from the Louisiana Bureau of Criminal Identification and Information7 of the office of state police within the Department of Public Safety and8 Corrections, issued not more than fourteen days from the date of registration.9 C. The registration provided for in this Section shall be renewed10 annually by the supervising licensed behavior analyst.11 §3709. Issuance and renewal of license and state certificate12 A. The board shall issue a license or state certificate to any person who13 meets the qualifications provided in this Chapter and the rules and regulations14 of the board, and who pays the applicable fees fixed by the board.15 B. A license or state certificate issued under provisions of this Chapter16 shall be subject to annual renewal and shall expire and become null and void17 unless renewed in the manner prescribed by the board.18 C. License and state certificate renewal shall require documentation of19 completion of the continuing education as required by this Chapter.20 §3710. Reinstatement of license and state certificate21 A. Any license or state certificate suspended, revoked, or otherwise22 restricted by the board may be reinstated by the board.23 B. A license or state certificate that has expired without renewal for a24 period of one year from the date of expiration may be reinstated by the board25 provided the applicant shall otherwise be eligible under the provisions of this26 Chapter, pays the applicable fees, satisfies the continuing education27 requirement, and meets such other requirements as may be established by the28 board.29 §3711. License and state certificate; filing30 SB NO. 134 ENROLLED Page 10 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. The board shall issue a license or certificate signed by the board's1 chairman, vice chairman, and all members of the board whenever a candidate2 for licensure or state certification is found to be qualified as provided in this3 Chapter. A copy of such license or state certificate, so certified by the board's4 vice chairman as a true copy, shall be filed with the secretary of state by the5 administrative assistant of the board. Any filing fees in connection with such6 filing shall be paid, in advance, to the administrative assistant of the board by7 the person being licensed or receiving a certificate.8 §3712. Denial, revocation, or suspension of license or state certificate9 A. A licensed behavior analyst and anyone under the supervision of a10 licensed behavior analyst shall conduct his activities in conformity with ethical11 and professional standards promulgated by the board under its current rules12 and regulations.13 B. The board shall have the power and duty to suspend, place on14 probation, require remediation for a specified time, revoke any license or state15 certificate to practice behavior analysis, or take any other action specified in the16 rules and regulations whenever the board, by affirmative vote of at least four17 of its five members, shall find by a preponderance of the evidence that a18 behavior analyst or assistant behavior analyst has engaged in any of the19 following acts or offenses:20 (1) Fraud or deception in applying for or procuring a license or a state21 certificate to practice behavior analysis.22 (2) Practicing behavior analysis in such a manner as to endanger the23 welfare of clients or patients, including but not limited to:24 (a) Harassment, intimidation, or abuse, sexual or otherwise, of a client25 or patient.26 (b) Engaging in sexual intercourse or other sexual contact with a client27 or patient.28 (c) Gross malpractice, repeated malpractice, or gross negligence in the29 practice of behavior analysis.30 SB NO. 134 ENROLLED Page 11 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (3) Conviction of a felony. A copy of the record of conviction, certified1 by the clerk of the court entering the conviction, shall be conclusive evidence.2 (4) Conviction of any crime or offense which reflects the inability of the3 practitioner to practice behavior analysis with due regard for the health and4 safety of clients or patients.5 (5) Use of repeated untruthful, deceptive, or improbable statements6 concerning the licensee's qualifications or the effects or results of proposed7 treatment, including functioning outside of one's professional competence8 established by education, training, and experience.9 (6) Aiding or abetting the practice of behavior analysis by any person not10 licensed, state certified, or registered with the board and in violation of this11 Chapter.12 (7) Conviction of fraud in filing Medicare or Medicaid claims or in filing13 claims to any third-party payor. A copy of the record of conviction, certified by14 the clerk of the court entering the conviction, shall be conclusive evidence.15 (8) Exercising undue influence in such a manner as to exploit the client16 or patient for financial or other personal advantage to the practitioner or a17 third party.18 (9) The suspension or revocation by another state of a license or19 certificate to practice behavior analysis. A certified copy of the record of20 suspension or revocation of the state making such a suspension or revocation21 shall be conclusive evidence thereof.22 (10) Refusal to appear before the board after having been ordered to do23 so in writing by a duly authorized agent of the board.24 (11) Making any fraudulent or untrue statement to the board.25 (12) Violation of the code of ethics adopted in the rules and regulations26 of the board or other immoral, unprofessional, or dishonorable conduct as27 defined in the rules and regulations of the board.28 (13) Inability to practice behavior analysis with reasonable skill and29 safety to patients or clients by reason of illness, inebriation, misuse of drugs,30 SB NO. 134 ENROLLED Page 12 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. narcotics, alcohol, chemicals, or any other substance, or as a result of any1 mental or physical condition.2 (14) Failure to report the physical, mental, or sexual abuse of a child to3 a law enforcement agency or district attorney.4 (15) Violation of any of the provisions of this Chapter or of the rules and5 regulations promulgated by the board.6 C. Proceedings for disciplinary action or for the denial or withholding7 of a license or state certificate under the authority of this Section shall be8 conducted in compliance with the Administrative Procedure Act. The board9 may require a person against whom disciplinary action has been taken by the10 board after the hearing to pay reasonable costs of the proceedings incurred by11 the board for the hearing and any judicial review, including attorney,12 stenographer, and witness fees. These costs shall be paid no later than thirty13 days after the adjudication by the board becomes final. No license shall be14 issued, reinstated, or renewed until such costs have been paid.15 D. The board may deny or withhold for a specified time not to exceed16 two years the granting of a license or a state certificate to any applicant or17 candidate who has committed any of the acts or offenses set forth in Subsection18 B of this Section.19 E. Suspension by the board of the license of a behavior analyst or the20 state certificate of an assistant behavior analyst shall be for a period not21 exceeding two years.22 F. A person who has been refused a license or state certificate, or whose23 license or state certificate has been revoked, under the provisions of this Section,24 may reapply for licensure or state certification after more than two years have25 elapsed from the date such denial or revocation is legally effective.26 G. The board shall notify all licensed behavior analysts, state certified27 assistant behavior analysts, and registered line technicians of any disciplinary28 action taken against a licensed behavior analyst, a state certified assistant29 behavior analyst, or a registered line technician.30 SB NO. 134 ENROLLED Page 13 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §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 possession $2 per page30 SB NO. 134 ENROLLED Page 14 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (15) For temporary licensure $1251 §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 the recipient under the extended authority and direction of a licensed16 behavior analyst or a state certified assistant behavior analyst, who is17 supervised by a licensed behavior analyst. Such an individual shall not18 represent himself as a 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 do not involve direct services to individuals.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, intensive practicum, or supervised independent fieldwork. Such27 practice under this exemption requires the direct supervision by a licensed28 behavior analyst in this state or an instructor in an approved course sequence29 approved by the board. A student, intern, or postdoctoral fellow shall not30 SB NO. 134 ENROLLED Page 15 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. represent himself as a behavior analyst and shall use a title that clearly indicates1 his training status, such as "behavior analysis student", "behavior analysis2 intern", "behavior analysis trainee", or other title clearly indicating such3 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. This17 includes individuals acting under the extended authority and direction of18 licensed psychologists. Licensed psychologists and those acting under their19 extended authority are prohibited from representing themselves as behavior20 analysts, licensed behavior analysts, assistant behavior analysts, or state21 certified assistant behavior analysts without being duly licensed or state22 certified.23 §3716. Penalties24 A. It shall be a misdemeanor for any individual:25 (1) Not licensed, state certified, or registered under this Chapter to26 represent himself as a licensed behavior analyst, a state certified assistant27 behavior analyst, or a registered line technician.28 (2) Not licensed, state certified, or registered under this Chapter to29 engage in the practice of behavior analysis.30 SB NO. 134 ENROLLED Page 16 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (3) To represent himself as a licensed behavior analyst or a state1 certified assistant behavior analyst during the time that his license or state2 certificate as a behavior analyst or an assistant behavior analyst shall be3 suspended or revoked or lapsed.4 (4) To employ as a line technician, a line technician who is not registered5 pursuant to this Chapter.6 B. Such misdemeanor shall be punishable upon conviction by7 imprisonment for not more than six months or by a fine of not less than one8 hundred dollars nor more than five hundred dollars, or both. Each violation9 shall be deemed a separate offense.10 C. Such misdemeanor shall be prosecuted by the district attorney of the11 judicial district in which the offense was committed.12 §3717. Injunctive proceedings13 A. The board may investigate any evidence or allegation which appears14 to show that any person is or may be in violation of any provision of this15 Chapter.16 B. The board may apply for an injunction in any court of competent17 jurisdiction to enjoin any person from committing any act which is in violation18 of this Chapter.19 C. If it be established that the defendant has been or is committing an20 act which is in violation of this Chapter, the court shall enter a decree21 perpetually enjoining said defendant from further committing such act.22 D. In case of violation of any injunction issued under the provisions of23 this Section, the court may summarily conduct a hearing and find the offender24 in contempt of court.25 E. Such injunctive proceedings shall be in addition to, and not in lieu of,26 all penalties and other remedies as provided in this Chapter.27 §3718. Termination28 The provisions of this Chapter shall terminate and have no effect on and29 after July 1, 2018.30 SB NO. 134 ENROLLED Page 17 of 17 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Section 3. The Louisiana Behavior Analyst Board and the State Board of Examiners1 of Psychologists shall share office space, professional staff, and other resources in the2 operation and management of each of the respective boards.3 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: