Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2475 Compare Versions

Only one version of the bill is available at this time.

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1	1	SENATE . . . . . . . . . . . . . . No. 2475
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, October 19, 2023.
8	8	The committee on Consumer Protection and Professional Licensure, to whom was
9	9	referred the petitions (accompanied by bill, Senate, No. 158) of Sal N. DiDomenico for
10	10	legislation relative to applied behavior analysts; and (accompanied by bill, House, No. 271) of
11	11	Tackey Chan and Sal N. DiDomenico relative to the licensure of behavior analysts, reports the
12	12	accompanying bill (Senate, No. 2475).
13	13	For the committee,
14	14	John J. Cronin 1 of 13
15	15	FILED ON: 10/16/2023
16	16	SENATE . . . . . . . . . . . . . . No. 2475
17	17	The Commonwealth of Massachusetts
18	18	_______________
19	19	In the One Hundred and Ninety-Third General Court
20	20	(2023-2024)
21	21	_______________
22	22	An Act relative to the licensure of behavior analysts.
23	23	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
24	24	of the same, as follows:
25	25	1 SECTION 1. Section 88 of chapter 13 of the General Laws, as appearing in the 2020
26	26	2Official Edition, is hereby amended by striking out the figure “13” and inserting in place thereof
27	27	3the following figure:- "11"
28	28	4 SECTION 2. Section 89 of said chapter 13 of the General Laws is hereby amended by
29	29	5striking out subsection (A), and inserting in place thereof the following:-
30	30	6 (A) Eight members shall be licensed practicing mental health and human services
31	31	7professionals, two of whom shall be marriage and family therapists, two of whom shall be
32	32	8rehabilitation counselors, two of whom shall be clinical mental health counselors, two of whom
33	33	9shall be educational psychologists; and each shall have been, for at least five years immediately
34	34	10preceding appointment, actively engaged as a practitioner rendering professional services in that
35	35	11field, or in the education and training of graduate students or interns in the field, or in appropriate
36	36	12human developmental research, or in other areas substantially equivalent thereto, and shall have
37	37	13spent the majority of the professional time in such activity during the two years preceding the 2 of 13
38	38	14appointment in the commonwealth. One of the 8 shall also be a member of a union licensable
39	39	15under sections 163 to 172, inclusive, of chapter 112;
40	40	16 SECTION 3. Said chapter 13 of the General Laws is hereby further amended by adding
41	41	17the following 3 sections:-
42	42	18 Section 110. (a) There shall be within the division of occupational licensure a board of
43	43	19registration of behavior analysts. The board shall consist of 9 members to be appointed by the
44	44	20governor, 2 of whom shall be Licensed Behavior Analysts licensed under this section who hold
45	45	21doctoral degrees, 4 of whom shall be Licensed Behavior Analysts licensed under this section
46	46	22who hold master’s degrees, 1 of whom shall be a Licensed Assistant Behavior Analyst licensed
47	47	23under this section who holds a bachelor’s degree, and 2 members of the general public, subject to
48	48	24section 9B. Members of the board shall be residents of the commonwealth.
49	49	25 (b) Each member of the board shall serve for a term of 3 years and until a successor has
50	50	26been appointed and qualified. A vacancy in the membership of the board shall be filled for the
51	51	27unexpired term in the manner provided for the original appointment. No member shall serve
52	52	28more than 2 full consecutive terms. A member appointed for less than a full term may serve 2
53	53	29full terms in addition to that part of a full term. A former member shall be eligible for
54	54	30appointment after a lapse of 1 year.
55	55	31 (c) The governor may remove a member of the board for cause, but no board member
56	56	32shall be removed without first being informed in writing at least 30 days in advance of the
57	57	33reasons for such removal and of the member’s right to a public or private hearing and to have
58	58	34counsel present at the hearing. 3 of 13
59	59	35 Section 111. The board shall hold at least 2 meetings annually and will determine an
60	60	36appropriate schedule of meetings that meets the needs of licensees. At its first regular meeting in
61	61	37each year the board shall elect from its own members by majority vote a chair. A majority of the
62	62	38board shall constitute a quorum. The members of the board shall serve without compensation but
63	63	39shall be reimbursed for actual expenses reasonably incurred in the performance of their board
64	64	40duties. The board may hire such staff as it deems necessary to carry out its activities.
65	65	41 Section 112. (a) The board of registration of behavior analysts may: (i) pass upon the
66	66	42qualifications of an application for a license under sections 290 to 302, inclusive, of chapter 112
67	67	43and shall issue a license to an applicant who is determined to be qualified to practice as a
68	68	44licensed behavior analyst or licensed assistant behavior analyst; (ii) adopt rules and regulations
69	69	45governing the licensure of behavior analysts and assistant behavior analysts; (iii) establish
70	70	46eligibility and renewal requirements; (iv) receive, review and approve or disapprove an
71	71	47application for a reciprocal license for an applicant who is licensed or certified as a behavior
72	72	48analyst in another state and who has demonstrated qualifications that equal or exceed those
73	73	49required under sections 290 to 302, inclusive, of said chapter 112; (v) fine, censure, revoke,
74	74	50suspend or deny a license and place on probation, reprimand or otherwise discipline a licensee
75	75	51for a violation of the code of ethics or the rules and regulations of the board under said sections
76	76	52290 to 302, inclusive, of said chapter 112; (vi) summarily suspend the license of a licensee who
77	77	53poses an imminent danger to the public; provided, however, that a hearing shall be afforded to
78	78	54the licensee within 10 day after any such action by the board to determine whether such
79	79	55summary action is warranted; and (vii) perform any other functions and duties as may be
80	80	56required to carry out this section. 4 of 13
81	81	57 (b) The board shall make available to the public a list of licensed behavior analysts and
82	82	58licensed assistant behavior analysts.
83	83	59 (c) The members of the board, its officers and employees shall be indemnified by the
84	84	60commonwealth for all actions taken as part of their responsibilities described in this section.
85	85	61 SECTION 4. Section 163 of chapter 112 of the General Laws is hereby amended by
86	86	62striking out the definitions, “Licensed applied behavior analyst” and “Licensed assistant applied
87	87	63behavior analyst”, and inserting in place thereof the following definitions:-
88	88	64 "Licensed assistant behavior analyst”, an individual who, by training, experience and
89	89	65examination meets the requirements for licensing by the board of registration of behavior
90	90	66analysts and is duly licensed to engage in the practice of applied behavior analysis under the
91	91	67supervision of a licensed behavior analyst under sections 290 through 302, inclusive.
92	92	68 “Licensed behavior analyst”, an individual who, by training, experience and examination
93	93	69meets the requirements for licensing by the board of registration of behavior analysts and is duly
94	94	70licensed to engage in the practice of applied behavior analysis in the commonwealth under
95	95	71sections 290 through 302, inclusive.
96	96	72 SECTION 5. Section 165 of chapter 112 of the General Laws is hereby amended by
97	97	73striking out the following words in the title of the section:- “applied behavior analysts”.
98	98	74 SECTION 6. Said Section 165 of chapter 112 of the General Laws is hereby further
99	99	75amended by striking out the eighth through fifteenth paragraphs in their entirety.
100	100	76 SECTION 7. Chapter 112 of the General Laws is hereby amended by adding the
101	101	77following 13 sections:- 5 of 13
102	102	78 Section 290. As used in sections 290 to 302, inclusive, the following words shall, unless
103	103	79the context clearly requires otherwise, have the following meanings:
104	104	80 “Board”, the board of registration of behavior analysts.
105	105	81 “Certifying entity”, the Behavior Analyst Certification Board, Inc. (BACB), or another
106	106	82entity whose programs to credential practitioners of applied behavioral analysis are accredited by
107	107	83the National Commission on Certifying Agencies (NCCA) or American National Standards
108	108	84Institute (ANSI) and approved by the board.
109	109	85 " Licensed assistant behavior analyst”, an individual who, by training, experience and
110	110	86examination meets the requirements for licensing by the board and is duly licensed to engage in
111	111	87the practice of applied behavior analysis under the supervision of a licensed behavior analyst.
112	112	88 “Licensed behavior analyst”, an individual who, by training, experience and examination
113	113	89meets the requirements for licensing by the board and is duly licensed to engage in the practice
114	114	90of applied behavior analysis in the commonwealth.
115	115	91 “Practice of applied behavior analysis”, the design, implementation and evaluation of
116	116	92systematic instructional and environmental modifications, using behavioral stimuli and
117	117	93consequences, to produce socially significant improvements in human behavior, including the
118	118	94direct observation and measurement of behavior and the environment, the empirical
119	119	95identification of functional relations between behavior and environmental factors, known as
120	120	96functional assessment and analysis, and the introduction of interventions based on scientific
121	121	97research and which utilize contextual factors, antecedent stimuli, positive reinforcement, and
122	122	98other consequences to develop new behaviors, increase or decrease existing behaviors, and elicit
123	123	99behaviors under specific environmental conditions that are delivered to individuals and groups of 6 of 13
124	124	100individuals; provided, however, that the “practice of applied behavior analysis” shall not include
125	125	101psychological testing, neuropsychology, diagnosis of mental health or developmental conditions,
126	126	102psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological
127	127	103recommendations, hypnotherapy or academic teaching by college or university faculty.
128	128	104 “Recognized educational institution”, a degree-granting college or university which is
129	129	105accredited by (i) a regional accreditation body recognized by the United States Department of
130	130	106Education and (ii) a certifying entity.
131	131	107 Section 291. The board may issue a license to an applicant as a behavior analyst provided
132	132	108that the applicant:
133	133	109 (a) is of good moral character;
134	134	110 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
135	135	111for refusing to issue a license under section 301; and
136	136	112 (c) has current certification at the appropriate level verified with the certifying entity by
137	137	113the board; and any other requirements and qualifications as deemed necessary by the board
138	138	114 Section 292. The board may issue a license to an applicant as an assistant behavior
139	139	115analyst provided that the applicant:
140	140	116 (a) is of good moral character;
141	141	117 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
142	142	118for refusing to issue a license under section 301; 7 of 13
143	143	119 (c) has current certification at the appropriate level verified with the certifying entity by
144	144	120the board; and
145	145	121 (d) can provide the board upon request with evidence of current and ongoing supervision
146	146	122by a licensed behavior analyst who is approved as a supervisor by the certifying entity; and any
147	147	123other requirements and qualifications as deemed necessary by the board.
148	148	124 Section 293. Each person desiring to obtain a license as a behavior analyst or as an
149	149	125assistant behavior analyst shall make application to the board upon such form and in such
150	150	126manner as the board shall prescribe and shall furnish evidence satisfactory to the board that the
151	151	127person is of good moral character including, but not limited to, the fact that such applicant has
152	152	128not been convicted of a felony; provided, however, that for the purposes of this section, a
153	153	129conviction shall include a judgment, an admission of guilt or a plea of nolo contendere to any
154	154	130such felony charges or a conviction of an offense under the laws of another jurisdiction which, if
155	155	131committed in the commonwealth, would be a felony unless:
156	156	132 (i) at least 10 years have elapsed from the date of the conviction; and
157	157	133 (ii) the applicant satisfactorily demonstrates to the board that the applicant has made
158	158	134significant progress in personal rehabilitation since the conviction so that licensure of the
159	159	135applicant would not be expected to create a substantial risk of harm to the health and safety of
160	160	136the applicant’s clients or the public or a substantial risk of further criminal violations.
161	161	137 The board shall have access to criminal offender record information to review such
162	162	138felony or misdemeanor convictions as are necessary to carry out this section. 8 of 13
163	163	139 Section 294. Notwithstanding sections 291 and 292, the board may issue a license to an
164	164	140applicant who presents evidence that such applicant has been licensed or certified as a behavior
165	165	141analyst or assistant behavior analyst by a similar board of another jurisdiction the standards of
166	166	142which are at least the same as those required in the commonwealth.
167	167	143 Section 295. A fee shall be paid to the board for the original license. A license to practice
168	168	144as a licensed behavior analyst or a licensed assistant behavior analyst shall be valid for 2 years
169	169	145and must be renewed biennially. Any application for renewal of a license that has expired shall
170	170	146require the payment of a re-registration fee.
171	171	147 On or before September 13 of the year preceding the expiration of a license, the board
172	172	148shall forward to the holder of the license a form of application for renewal thereof. Upon the
173	173	149receipt of the completed form and the renewal fee on or before November 13, the board shall
174	174	150verify with the certifying entity that the applicant is certified at the appropriate level and is not
175	175	151the subject of any active investigation or disciplinary action by the certifying entity. If such
176	176	152verification is attained, the board shall issue a new license for the year commencing January 1.
177	177	153 Section 296. All fees required by sections 290 to 302, inclusive, shall be determined
178	178	154annually by the secretary of administration and finance under section 3B of chapter 7. All
179	179	155licensing and application fees and civil administrative penalties collected under said sections 290
180	180	156to 302, inclusive, shall be deposited into the Division of Occupational Licensure Trust Fund
181	181	157established in section 35V of chapter 10.
182	182	158 Section 297. Nothing in sections 290 to 302, inclusive, shall be construed to prevent
183	183	159qualified members of other professions or occupations including, but not limited to, physicians,
184	184	160psychologists, teachers, members of the clergy, authorized Christian Science practitioners, 9 of 13
185	185	161attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment
186	186	162counselors, speech pathologists, audiologists or rehabilitation counselors from practicing applied
187	187	163behavior analysis if it is consistent with the legislated scope of practice and accepted ethical
188	188	164standards of their respective professions and the individual professional’s training and
189	189	165competence; provided, however, that no such Christian Science practitioner, attorneys-at-law,
190	190	166social worker, guidance counselor, clinical counselor, adjustment counselor, speech pathologist,
191	191	167audiologist or rehabilitation counselor shall use any title or description stating or implying that
192	192	168such person is a licensed behavior analyst or licensed assistant behavior analyst without holding
193	193	169said license.
194	194	170 Section 298. A person licensed under sections 290 to 302, inclusive, shall comply with
195	195	171the standards of ethical practice as adopted by the board.
196	196	172 Section 299. A person not licensed to practice applied behavior analysis who holds
197	197	173himself out to be a licensed behavior analyst or licensed assistant behavior analyst or who uses
198	198	174the title “licensed behavior analyst” or “licensed assistant behavior analyst” or engages in the
199	199	175practice of applied behavior analysis shall be subject to the penalties set forth in section 65A.
200	200	176 Section 300. The penalties set forth in section 299 shall not apply to faculty or students of
201	201	177applied behavior analysis currently enrolled in a recognized educational institution which meets
202	202	178educational standards determined by the board or to interns or persons preparing for the practice
203	203	179of applied behavior analysis under qualified supervision in any such program; provided, they are
204	204	180designated by such titles as “behavior analyst intern”, “behavior analyst trainee” or other title
205	205	181clearly indicating such training status. 10 of 13
206	206	182 Section 301. The board shall investigate all complaints relating to the proper practice of
207	207	183applied behavior analysis by a person licensed under sections 290 to 302, inclusive.
208	208	184 The board, after a hearing held under chapter 30A, may revoke, suspend or cancel the
209	209	185license, or reprimand, censure or otherwise discipline a licensed behavior analyst or licensed
210	210	186assistant behavior analyst upon proof satisfactory to a majority of the board that the licensee:
211	211	187 (i) fraudulently procured the license;
212	212	188 (ii) is guilty of an offense under any law of the commonwealth relating to the practice of
213	213	189applied behavior analysis or a rule or regulation adopted under those laws;
214	214	190 (iii) engaged in conduct that calls into question their competence to practice applied
215	215	191behavior analysis including, but not limited to, gross misconduct in the practice of applied
216	216	192behavior analysis or of practicing applied behavior analysis fraudulently, or beyond its
217	217	193authorized scope, or with gross incompetence, or with gross negligence on a particular occasion
218	218	194or negligence on repeated occasions;
219	219	195 (iv) practiced applied behavior analysis while the ability to practice was impaired by
220	220	196alcohol, drugs, physical disability or mental instability;
221	221	197 (v) has been habitually drunk or being or having been within a reasonable period of time
222	222	198addicted to, dependent on or a habitual user of narcotics, barbiturates, amphetamines,
223	223	199hallucinogens or other drugs having similar effects;
224	224	200 (vi) knowingly permitted, aided or abetted an unlicensed individual to perform activities
225	225	201requiring a license for purposes of fraud, deception or personal gain; 11 of 13
226	226	202 (vii) has been convicted of a criminal offense which reasonably calls into question the
227	227	203licensee’s ability to practice applied behavior analysis;
228	228	204 (viii) violated any rule or regulation of the board governing the practice of applied
229	229	205behavior analysis; or
230	230	206 (ix) violated any professional disciplinary or ethical standard established by the board.
231	231	207 No person who files a complaint or who reports or provides information under this
232	232	208section or assists the board at its request in any manner in discharging its duties and functions
233	233	209shall be liable in a cause of action arising out of the receiving of such information or assistance if
234	234	210the person making the complaint or reporting or providing the information or assistance does so
235	235	211in good faith and without malice.
236	236	212 If the licensee is found not to have violated this section, the board shall forthwith order a
237	237	213dismissal of the charges.
238	238	214 Written notice of a contemplated revocation or suspension of a license or the cause
239	239	215therefor, in sufficient particularity, and the date of a hearing thereon, shall be sent by registered
240	240	216or certified mail to the licensee at the licensee’s last known address at least 15 days before the
241	241	217date of the hearing. The licensee against whom a charge is filed shall have a right to appear
242	242	218before the board in person or by counsel, or both, may produce witnesses, introduce evidence
243	243	219and question witnesses. No license shall be revoked or suspended without such hearing, but the
244	244	220nonappearance of the licensee, after notice, shall not prevent such revocation or suspension. All
245	245	221matters upon which a contemplated revocation or suspension is based shall be introduced in
246	246	222evidence at the proceeding. The licensee shall be notified in writing of the board’s decision. The 12 of 13
247	247	223board may make such rules and regulations as it deems proper for the filing of charges and the
248	248	224conduct of hearings.
249	249	225 After issuing an order of revocation or suspension, the board may file a petition in equity
250	250	226in the superior court in a county in which the respondent resides or transacts business, or in
251	251	227Suffolk County, to ensure appropriate injunctive relief to expedite and secure the enforcement of
252	252	228its order, pending the final determination.
253	253	229 A decision by the board under this section shall be subject to review in superior court
254	254	230under chapter 30A.
255	255	231 Section 302. After three years from the date of revocation, an application for
256	256	232reinstatement may be made to the board and the board may, upon the affirmative vote of a
257	257	233majority of its members, grant such reinstatement.
258	258	234 SECTION 8. Notwithstanding section 110 of chapter 13 of the General Laws, the initial
259	259	235members of the board of registration of behavior analysts shall consist of 9 members to be
260	260	236appointed by the governor, 2 of whom shall be doctoral-level, Board-Certified Behavior Analysts
261	261	237designated as such by the Behavior Analyst Certification Board, 4 of whom shall be Board-
262	262	238Certified Behavior Analysts designated as such by the Behavior Analyst Certification Board who
263	263	239hold master’s degrees, 1 of whom shall be a Board-Certified Assistant Behavior Analyst
264	264	240designated as such by the Behavior Analyst Certification Board who holds a bachelor’s degree,
265	265	241and 2 members of the general public, subject to section 9B of chapter 13. Of the said initial
266	266	242members appointed to the board, 3 shall serve for terms of 3 years, 3 shall serve for terms of 2
267	267	243years and 3 shall serve for a term of 1 year. 13 of 13
268	268	244 SECTION 9. Individuals licensed in good standing as applied behavior analysts or
269	269	245assistant applied behavior analysts within the commonwealth upon the effective date of this Act
270	270	246shall be grandfathered, and not required to resubmit applications for licensure until the time as
271	271	247their license is due for renewal.