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SENATE DOCKET, NO. 773 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 158
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sal N. DiDomenico
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to applied behavior analysts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and Suffolk 1 of 13
SENATE DOCKET, NO. 773 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 158
By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 158) of Sal N. DiDomenico
for legislation relative to applied behavior analysts. Consumer Protection and Professional
Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 188 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to applied behavior analysts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 88 of chapter 13 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out the figure “13” and inserting in place thereof
3the following figure:- "11"
4 SECTION 2. Section 89 of said chapter 13 of the General Laws is hereby amended by
5striking out subsection (A), and inserting in place thereof the following:-
6 "(A) Eight members shall be licensed practicing mental health and human services
7professionals, two of whom shall be marriage and family therapists, two of whom shall be
8rehabilitation counselors, two of whom shall be clinical mental health counselors, two of whom
9shall be educational psychologists; and each shall have been, for at least five years immediately 2 of 13
10preceding appointment, actively engaged as a practitioner rendering professional services in that
11field, or in the education and training of graduate students or interns in the field, or in appropriate
12human developmental research, or in other areas substantially equivalent thereto, and shall have
13spent the majority of the professional time in such activity during the two years preceding the
14appointment in the commonwealth. One of the 8 shall also be a member of a union licensable
15under sections 163 to 172, inclusive, of chapter 112";
16 SECTION 3. Said chapter 13 of the General Laws is hereby further amended by adding
17the following 3 sections:-
18 "Section 110. (a) There shall be within the division of professional licensure a board of
19registration of behavior analysts. The board shall consist of 9 members to be appointed by the
20governor, 2 of whom shall be Licensed Behavior Analysts licensed under this section who hold
21doctoral degrees, 4 of whom shall be Licensed Behavior Analysts licensed under this section
22who hold master’s degrees, 1 of whom shall be a Licensed Assistant Behavior Analyst licensed
23under this section who holds a bachelor’s degree, and 2 members of the general public, subject to
24section 9B. Members of the board shall be residents of the commonwealth.
25 (b) Each member of the board shall serve for a term of 3 years and until a successor has
26been appointed and qualified. A vacancy in the membership of the board shall be filled for the
27unexpired term in the manner provided for the original appointment. No member shall serve
28more than 2 full consecutive terms. A member appointed for less than a full term may serve 2
29full terms in addition to that part of a full term. A former member shall be eligible for
30appointment after a lapse of 1 year. 3 of 13
31 (c) The governor may remove a member of the board for cause, but no board member
32shall be removed without first being informed in writing at least 30 days in advance of the
33reasons for such removal and of the member’s right to a public or private hearing and to have
34counsel present at the hearing.
35 Section 111.. The board shall hold at least 2 meetings annually and will determine an
36appropriate schedule of meetings that meets the needs of licensees. At its first regular meeting in
37each year the board shall elect from its own members by majority vote a chair. A majority of the
38board shall constitute a quorum. The members of the board shall serve without compensation but
39shall be reimbursed for actual expenses reasonably incurred in the performance of their board
40duties. The board may hire such staff as it deems necessary to carry out its activities.
41 Section 112. (a) The board of registration of behavior analysts may: (i) pass upon the
42qualifications of an application for a license under sections 275 to 287, inclusive, of chapter 112
43and shall issue a license to an applicant who is determined to be qualified to practice as a
44licensed behavior analyst or licensed assistant behavior analyst; (ii) adopt rules and regulations
45governing the licensure of behavior analysts and assistant behavior analysts; (iii) establish
46eligibility and renewal requirements; (iv) receive, review and approve or disapprove an
47application for a reciprocal license for an applicant who is licensed or certified as a behavior
48analyst in another state and who has demonstrated qualifications that equal or exceed those
49required under sections 275 to 287, inclusive, of said chapter 112; (v) fine, censure, revoke,
50suspend or deny a license and place on probation, reprimand or otherwise discipline a licensee
51for a violation of the code of ethics or the rules and regulations of the board under said sections
52275 to 287, inclusive, of said chapter 112; (vi) summarily suspend the license of a licensee who
53poses an imminent danger to the public; provided, however, that a hearing shall be afforded to 4 of 13
54the licensee within 10 day after any such action by the board to determine whether such
55summary action is warranted; and (vii) perform any other functions and duties as may be
56required to carry out this section.
57 (b) The board shall make available to the public a list of licensed behavior analysts and
58licensed assistant behavior analysts.
59 (c) The members of the board, its officers and employees shall be indemnified by the
60commonwealth for all actions taken as part of their responsibilities described in this section."
61 SECTION 4. Section 163 of chapter 112 of the General Laws is hereby amended by
62striking out the definitions, “Licensed applied behavior analyst” and “Licensed assistant applied
63behavior analyst”, and inserting in place thereof the following definitions:-
64 "Licensed assistant behavior analyst”, an individual who, by training, experience and
65examination meets the requirements for licensing by the board of registration of behavior
66analysts and is duly licensed to engage in the practice of applied behavior analysis under the
67supervision of a licensed behavior analyst under sections 275 through 287, inclusive.
68 “Licensed behavior analyst”, an individual who, by training, experience and examination
69meets the requirements for licensing by the board of registration of behavior analysts and is duly
70licensed to engage in the practice of applied behavior analysis in the commonwealth under
71sections 275 through 287, inclusive.
72 SECTION 5. Section 165 of chapter 112 of the General Laws is hereby amended by
73striking out the following words in the title of the section:- “applied behavior analysts”. 5 of 13
74 SECTION 6. Said Section 165 of chapter 112 of the General Laws is hereby further
75amended by striking out the eighth through fifteenth paragraphs in their entirety.
76 SECTION 7. Chapter 112 of the General Laws is hereby amended by adding the
77following 13 sections:-
78 Section 275. As used in sections 275 to 287, inclusive, the following words shall, unless
79the context clearly requires otherwise, have the following meanings:
80 “Board”, the board of registration of behavior analysts.
81 “Certifying entity”, the Behavior Analyst Certification Board, Inc. (BACB), or another
82entity whose programs to credential practitioners of applied behavioral analysis are accredited by
83the National Commission on Certifying Agencies (NCCA) or American National Standards
84Institute (ANSI) and approved by the board." Licensed assistant behavior analyst”, an individual
85who, by training, experience and examination meets the requirements for licensing by the board
86and is duly licensed to engage in the practice of applied behavior analysis under the supervision
87of a licensed behavior analyst.
88 “Licensed behavior analyst”, an individual who, by training, experience and examination
89meets the requirements for licensing by the board and is duly licensed to engage in the practice
90of applied behavior analysis in the commonwealth.
91 “Practice of applied behavior analysis”, the design, implementation and evaluation of
92instructional and environmental modifications to produce socially significant improvements in
93human behavior. The practice of applied behavior analysis includes the empirical identification
94of functional relations between behavior and environmental factors, known as functional 6 of 13
95assessment and analysis. Applied behavior analysis interventions are based on scientific research
96and direct and indirect observation and measurement of behavior and environment. They utilize
97contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other
98procedures to help individuals develop new behaviors, increase or decrease existing behaviors,
99and emit behaviors under specific environmental conditions. The practice of applied behavior
100analysis excludes diagnosis disorders, psychological testing, psychotherapy, cognitive therapy,
101psychoanalysis, and counseling.
102 “Recognized educational institution”, a degree-granting college or university which is
103accredited by (i) a regional accreditation body recognized by the United States Department of
104Education and (ii) a certifying entity.
105 Section 276. The board may issue a license to an applicant as a behavior analyst provided
106that the applicant:
107 (a) is of good moral character;
108 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
109for refusing to issue a license under section 286; and
110 (c) has current certification at the appropriate level verified with the certifying entity by
111the board; and any other requirements and qualifications as deemed necessary by the board
112 Section 277. The board may issue a license to an applicant as an assistant behavior
113analyst provided that the applicant:
114 (a) is of good moral character; 7 of 13
115 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
116for refusing to issue a license under section 286;
117 (c) has current certification at the appropriate level verified with the certifying entity by
118the board; and
119 (d) can provide the board upon request with evidence of current and ongoing supervision
120by a licensed behavior analyst who is approved as a supervisor by the certifying entity; and any
121other requirements and qualifications as deemed necessary by the board.
122 Section 278. Each person desiring to obtain a license as a behavior analyst or as an
123assistant behavior analyst shall make application to the board upon such form and in such
124manner as the board shall prescribe and shall furnish evidence satisfactory to the board that the
125person is of good moral character including, but not limited to, the fact that such applicant has
126not been convicted of a felony; provided, however, that for the purposes of this section, a
127conviction shall include a judgment, an admission of guilt or a plea of nolo contendere to any
128such felony charges or a conviction of an offense under the laws of another jurisdiction which, if
129committed in the commonwealth, would be a felony unless:
130 (i) at least 10 years have elapsed from the date of the conviction; and
131 (ii) the applicant satisfactorily demonstrates to the board that the applicant has made
132significant progress in personal rehabilitation since the conviction so that licensure of the
133applicant would not be expected to create a substantial risk of harm to the health and safety of
134the applicant’s clients or the public or a substantial risk of further criminal violations. 8 of 13
135 The board shall have access to criminal offender record information to review such
136felony or misdemeanor convictions as are necessary to carry out this section.
137 Section 279. Notwithstanding sections 276 and 277, the board may issue a license to an
138applicant who presents evidence that such applicant has been licensed or certified as a behavior
139analyst or assistant behavior analyst by a similar board of another jurisdiction the standards of
140which are at least the same as those required in the commonwealth.
141 Section 280. A fee shall be paid to the board for the original license. A license to practice
142as a licensed behavior analyst or a licensed assistant behavior analyst shall be valid for 2 years
143and must be renewed biennially. Any application for renewal of a license that has expired shall
144require the payment of a re-registration fee.
145 On or before September 30 of the year preceding the expiration of a license, the board
146shall forward to the holder of the license a form of application for renewal thereof. Upon the
147receipt of the completed form and the renewal fee on or before November 30, the board shall
148verify with the certifying entity that the applicant is certified at the appropriate level and is not
149the subject of any active investigation or disciplinary action by the certifying entity. If such
150verification is attained, the board shall issue a new license for the year commencing January 1.
151 Section 281. All fees required by sections 275 to 287, inclusive, shall be determined
152annually by the secretary of administration and finance under section 3B of chapter 7. All
153licensing and application fees and civil administrative penalties collected under said sections 275
154to 287, inclusive, shall be deposited into the Division of Professional Licensure Trust Fund
155established in section 35V of chapter 10. 9 of 13
156 Section 282. Nothing in sections 275 to 287, inclusive, shall be construed to prevent
157qualified members of other professions or occupations including, but not limited to, physicians,
158psychologists, teachers, members of the clergy, authorized Christian Science practitioners,
159attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment
160counselors, speech pathologists, audiologists or rehabilitation counselors from practicing applied
161behavior analysis if it is consistent with the legislated scope of practice and accepted ethical
162standards of their respective professions and the individual professional’s training and
163competence; provided, however, that no such Christian Science practitioner, attorneys-at-law,
164social worker, guidance counselor, clinical counselor, adjustment counselor, speech pathologist,
165audiologist or rehabilitation counselor shall use any title or description stating or implying that
166such person is a licensed behavior analyst or licensed assistant behavior analyst without holding
167said license.
168 Section 283. A person licensed under sections 275 to 287, inclusive, shall comply with
169the standards of ethical practice as adopted by the board.
170 Section 284. A person not licensed to practice applied behavior analysis who holds
171himself out to be a licensed behavior analyst or licensed assistant behavior analyst or who uses
172the title “licensed behavior analyst” or “licensed assistant behavior analyst” or engages in the
173practice of applied behavior analysis shall be subject to the penalties set forth in section 65A.
174 Section 285. The penalties set forth in section 284 shall not apply to matriculated college
175or university students or postdoctoral fellows whose applied behavior analysis activities are part
176of a defined program of study, course, practice, internship, or fellowship and are directly
177supervised by a licensed behavior analyst in the Commonwealth or a qualified faculty member. 10 of 13
178Such individuals must not represent themselves as professional behavior analysts and must use
179titles that clearly indicate their trainee status, such as “student,” “intern,” or trainee.”
180 Section 286. The board shall investigate all complaints relating to the proper practice of
181applied behavior analysis by a person licensed under sections 275 to 287, inclusive.
182 The board, after a hearing held under chapter 30A, may revoke, suspend or cancel the
183license, or reprimand, censure or otherwise discipline a licensed behavior analyst or licensed
184assistant behavior analyst upon proof satisfactory to a majority of the board that the licensee:
185 (i) fraudulently procured the license;
186 (ii) is guilty of an offense under any law of the commonwealth relating to the practice of
187applied behavior analysis or a rule or regulation adopted under those laws;
188 (iii) engaged in conduct that calls into question their competence to practice applied
189behavior analysis including, but not limited to, gross misconduct in the practice of applied
190behavior analysis or of practicing applied behavior analysis fraudulently, or beyond its
191authorized scope, or with gross incompetence, or with gross negligence on a particular occasion
192or negligence on repeated occasions;
193 (iv) practiced applied behavior analysis while the ability to practice was impaired by
194alcohol, drugs, physical disability or mental instability;
195 (v) has been habitually drunk or being or having been within a reasonable period of time
196addicted to, dependent on or a habitual user of narcotics, barbiturates, amphetamines,
197hallucinogens or other drugs having similar effects; 11 of 13
198 (vi) knowingly permitted, aided or abetted an unlicensed individual to perform activities
199requiring a license for purposes of fraud, deception or personal gain;
200 (vii) has been convicted of a criminal offense which reasonably calls into question the
201licensee’s ability to practice applied behavior analysis;
202 (viii) violated any rule or regulation of the board governing the practice of applied
203behavior analysis; or
204 (ix) violated any professional disciplinary or ethical standard established by the board.
205 No person who files a complaint or who reports or provides information under this
206section or assists the board at its request in any manner in discharging its duties and functions
207shall be liable in a cause of action arising out of the receiving of such information or assistance if
208the person making the complaint or reporting or providing the information or assistance does so
209in good faith and without malice.
210 If the licensee is found not to have violated this section, the board shall forthwith order a
211dismissal of the charges.
212 Written notice of a contemplated revocation or suspension of a license or the cause
213therefor, in sufficient particularity, and the date of a hearing thereon, shall be sent by registered
214or certified mail to the licensee at the licensee’s last known address at least 15 days before the
215date of the hearing. The licensee against whom a charge is filed shall have a right to appear
216before the board in person or by counsel, or both, may produce witnesses, introduce evidence
217and question witnesses. No license shall be revoked or suspended without such hearing, but the
218nonappearance of the licensee, after notice, shall not prevent such revocation or suspension. All 12 of 13
219matters upon which a contemplated revocation or suspension is based shall be introduced in
220evidence at the proceeding. The licensee shall be notified in writing of the board’s decision. The
221board may make such rules and regulations as it deems proper for the filing of charges and the
222conduct of hearings.
223 After issuing an order of revocation or suspension, the board may file a petition in equity
224in the superior court in a county in which the respondent resides or transacts business, or in
225Suffolk County, to ensure appropriate injunctive relief to expedite and secure the enforcement of
226its order, pending the final determination.
227 A decision by the board under this section shall be subject to review in superior court
228under chapter 30A.
229 Section 287. After three years from the date of revocation, an application for
230reinstatement may be made to the board and the board may, upon the affirmative vote of a
231majority of its members, grant such reinstatement.
232 SECTION 8. Notwithstanding section 110 of chapter 13 of the General Laws, the initial
233members of the board of registration of behavior analysts shall consist of 9 members to be
234appointed by the governor, 2 of whom shall be Licensed Behavior Analysts licensed under this
235section who hold doctoral degrees, 4 of whom shall be Licensed Behavior Analysts who hold
236master’s degrees, 1 of whom shall be a Licensed Assistant Behavior Analyst designated as such
237by the who holds a bachelor’s degree, and 2 members of the general public, subject to section 9B
238of chapter 13. Of the said initial members appointed to the board, 3 shall serve for terms of 3
239years, 3 shall serve for terms of 2 years and 3 shall serve for a term of 1 year. 13 of 13
240 SECTION 9. Individuals licensed in good standing as applied behavior analysts or
241assistant applied behavior analysts within the commonwealth upon the effective date of this Act
242shall be grandfathered, and not required to resubmit applications for licensure until the time as
243their license is due for renewal.