Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S220 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1828 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 220
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the licensure of behavior analysts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and Suffolk 1 of 13
16	16	SENATE DOCKET, NO. 1828 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 220
18	18	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 220) of Sal N. DiDomenico
19	19	for legislation relative to the board of registration of behavior analysts and licensure. Consumer
20	20	Protection and Professional Licensure.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2475 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to the licensure of behavior analysts.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 88 of chapter 13 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by striking out the figure “13” and inserting in place thereof
33	33	3the following figure:- "11"
34	34	4 SECTION 2. Section 89 of said chapter 13 of the General Laws is hereby amended by
35	35	5striking out subsection (A), and inserting in place thereof the following:-
36	36	6 (A) Eight members shall be licensed practicing mental health and human services
37	37	7professionals, two of whom shall be marriage and family therapists, two of whom shall be
38	38	8rehabilitation counselors, two of whom shall be clinical mental health counselors, two of whom
39	39	9shall be educational psychologists; and each shall have been, for at least five years immediately 2 of 13
40	40	10preceding appointment, actively engaged as a practitioner rendering professional services in that
41	41	11field, or in the education and training of graduate students or interns in the field, or in appropriate
42	42	12human developmental research, or in other areas substantially equivalent thereto, and shall have
43	43	13spent the majority of the professional time in such activity during the two years preceding the
44	44	14appointment in the commonwealth. One of the 8 shall also be a member of a union licensable
45	45	15under sections 163 to 172, inclusive, of chapter 112;
46	46	16 SECTION 3. Said chapter 13 of the General Laws is hereby further amended by adding
47	47	17the following 3 sections:-
48	48	18 Section 110. (a) There shall be within the division of occupational licensure a board of
49	49	19registration of behavior analysts. The board shall consist of 9 members to be appointed by the
50	50	20governor, 2 of whom shall be Licensed Behavior Analysts licensed under this section who hold
51	51	21doctoral degrees, 4 of whom shall be Licensed Behavior Analysts licensed under this section
52	52	22who hold master’s degrees, 1 of whom shall be a Licensed Assistant Behavior Analyst licensed
53	53	23under this section who holds a bachelor’s degree, and 2 members of the general public, subject to
54	54	24section 9B. Members of the board shall be residents of the commonwealth.
55	55	25 (b) Each member of the board shall serve for a term of 3 years and until a successor has
56	56	26been appointed and qualified. A vacancy in the membership of the board shall be filled for the
57	57	27unexpired term in the manner provided for the original appointment. No member shall serve
58	58	28more than 2 full consecutive terms. A member appointed for less than a full term may serve 2
59	59	29full terms in addition to that part of a full term. A former member shall be eligible for
60	60	30appointment after a lapse of 1 year. 3 of 13
61	61	31 (c) The governor may remove a member of the board for cause, but no board member
62	62	32shall be removed without first being informed in writing at least 30 days in advance of the
63	63	33reasons for such removal and of the member’s right to a public or private hearing and to have
64	64	34counsel present at the hearing.
65	65	35 Section 111. The board shall hold at least 2 meetings annually and will determine an
66	66	36appropriate schedule of meetings that meets the needs of licensees. At its first regular meeting in
67	67	37each year the board shall elect from its own members by majority vote a chair. A majority of the
68	68	38board shall constitute a quorum. The members of the board shall serve without compensation but
69	69	39shall be reimbursed for actual expenses reasonably incurred in the performance of their board
70	70	40duties. The board may hire such staff as it deems necessary to carry out its activities.
71	71	41 Section 112. (a) The board of registration of behavior analysts may: (i) pass upon the
72	72	42qualifications of an application for a license under sections 290 to 302, inclusive, of chapter 112
73	73	43and shall issue a license to an applicant who is determined to be qualified to practice as a
74	74	44licensed behavior analyst or licensed assistant behavior analyst; (ii) adopt rules and regulations
75	75	45governing the licensure of behavior analysts and assistant behavior analysts; (iii) establish
76	76	46eligibility and renewal requirements; (iv) receive, review and approve or disapprove an
77	77	47application for a reciprocal license for an applicant who is licensed or certified as a behavior
78	78	48analyst in another state and who has demonstrated qualifications that equal or exceed those
79	79	49required under sections 290 to 302, inclusive, of said chapter 112; (v) fine, censure, revoke,
80	80	50suspend or deny a license and place on probation, reprimand or otherwise discipline a licensee
81	81	51for a violation of the code of ethics or the rules and regulations of the board under said sections
82	82	52290 to 302, inclusive, of said chapter 112; (vi) summarily suspend the license of a licensee who
83	83	53poses an imminent danger to the public; provided, however, that a hearing shall be afforded to 4 of 13
84	84	54the licensee within 10 day after any such action by the board to determine whether such
85	85	55summary action is warranted; and (vii) perform any other functions and duties as may be
86	86	56required to carry out this section.
87	87	57 (b) The board shall make available to the public a list of licensed behavior analysts and
88	88	58licensed assistant behavior analysts.
89	89	59 (c) The members of the board, its officers and employees shall be indemnified by the
90	90	60commonwealth for all actions taken as part of their responsibilities described in this section.
91	91	61 SECTION 4. Section 163 of chapter 112 of the General Laws is hereby amended by
92	92	62striking out the definitions, “Licensed applied behavior analyst” and “Licensed assistant applied
93	93	63behavior analyst”, and inserting in place thereof the following definitions:-
94	94	64 "Licensed assistant behavior analyst”, an individual who, by training, experience and
95	95	65examination meets the requirements for licensing by the board of registration of behavior
96	96	66analysts and is duly licensed to engage in the practice of applied behavior analysis under the
97	97	67supervision of a licensed behavior analyst under sections 290 through 302, inclusive.
98	98	68 “Licensed behavior analyst”, an individual who, by training, experience and examination
99	99	69meets the requirements for licensing by the board of registration of behavior analysts and is duly
100	100	70licensed to engage in the practice of applied behavior analysis in the commonwealth under
101	101	71sections 290 through 302, inclusive.
102	102	72 SECTION 5. Section 165 of chapter 112 of the General Laws is hereby amended by
103	103	73striking out the following words in the title of the section:- “applied behavior analysts”. 5 of 13
104	104	74 SECTION 6. Said Section 165 of chapter 112 of the General Laws is hereby further
105	105	75amended by striking out the eighth through fifteenth paragraphs in their entirety.
106	106	76 SECTION 7. Chapter 112 of the General Laws is hereby amended by adding the
107	107	77following 13 sections:-
108	108	78 Section 290. As used in sections 290 to 302, inclusive, the following words shall, unless
109	109	79the context clearly requires otherwise, have the following meanings:
110	110	80 “Board”, the board of registration of behavior analysts.
111	111	81 “Certifying entity”, the Behavior Analyst Certification Board, Inc. (BACB), or another
112	112	82entity whose programs to credential practitioners of applied behavioral analysis are accredited by
113	113	83the National Commission on Certifying Agencies (NCCA) or American National Standards
114	114	84Institute (ANSI) and approved by the board.
115	115	85 " Licensed assistant behavior analyst”, an individual who, by training, experience and
116	116	86examination meets the requirements for licensing by the board and is duly licensed to engage in
117	117	87the practice of applied behavior analysis under the supervision of a licensed behavior analyst.
118	118	88 “Licensed behavior analyst”, an individual who, by training, experience and examination
119	119	89meets the requirements for licensing by the board and is duly licensed to engage in the practice
120	120	90of applied behavior analysis in the commonwealth.
121	121	91 “Practice of applied behavior analysis”, the design, implementation and evaluation of
122	122	92systematic instructional and environmental modifications, using behavioral stimuli and
123	123	93consequences, to produce socially significant improvements in human behavior, including the
124	124	94direct observation and measurement of behavior and the environment, the empirical 6 of 13
125	125	95identification of functional relations between behavior and environmental factors, known as
126	126	96functional assessment and analysis, and the introduction of interventions based on scientific
127	127	97research and which utilize contextual factors, antecedent stimuli, positive reinforcement, and
128	128	98other consequences to develop new behaviors, increase or decrease existing behaviors, and elicit
129	129	99behaviors under specific environmental conditions that are delivered to individuals and groups of
130	130	100individuals; provided, however, that the “practice of applied behavior analysis” shall not include
131	131	101psychological testing, neuropsychology, diagnosis of mental health or developmental conditions,
132	132	102psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological
133	133	103recommendations, hypnotherapy or academic teaching by college or university faculty.
134	134	104 “Recognized educational institution”, a degree-granting college or university which is
135	135	105accredited by (i) a regional accreditation body recognized by the United States Department of
136	136	106Education and (ii) a certifying entity.
137	137	107 Section 291. The board may issue a license to an applicant as a behavior analyst provided
138	138	108that the applicant:
139	139	109 (a) is of good moral character;
140	140	110 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
141	141	111for refusing to issue a license under section 301; and
142	142	112 (c) has current certification at the appropriate level verified with the certifying entity by
143	143	113the board; and any other requirements and qualifications as deemed necessary by the board
144	144	114 Section 292. The board may issue a license to an applicant as an assistant behavior
145	145	115analyst provided that the applicant: 7 of 13
146	146	116 (a) is of good moral character;
147	147	117 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
148	148	118for refusing to issue a license under section 301;
149	149	119 (c) has current certification at the appropriate level verified with the certifying entity by
150	150	120the board; and
151	151	121 (d) can provide the board upon request with evidence of current and ongoing supervision
152	152	122by a licensed behavior analyst who is approved as a supervisor by the certifying entity; and any
153	153	123other requirements and qualifications as deemed necessary by the board.
154	154	124 Section 293. Each person desiring to obtain a license as a behavior analyst or as an
155	155	125assistant behavior analyst shall make application to the board upon such form and in such
156	156	126manner as the board shall prescribe and shall furnish evidence satisfactory to the board that the
157	157	127person is of good moral character including, but not limited to, the fact that such applicant has
158	158	128not been convicted of a felony; provided, however, that for the purposes of this section, a
159	159	129conviction shall include a judgment, an admission of guilt or a plea of nolo contendere to any
160	160	130such felony charges or a conviction of an offense under the laws of another jurisdiction which, if
161	161	131committed in the commonwealth, would be a felony unless:
162	162	132 (i) at least 10 years have elapsed from the date of the conviction; and
163	163	133 (ii) the applicant satisfactorily demonstrates to the board that the applicant has made
164	164	134significant progress in personal rehabilitation since the conviction so that licensure of the
165	165	135applicant would not be expected to create a substantial risk of harm to the health and safety of
166	166	136the applicant’s clients or the public or a substantial risk of further criminal violations. 8 of 13
167	167	137 The board shall have access to criminal offender record information to review such
168	168	138felony or misdemeanor convictions as are necessary to carry out this section.
169	169	139 Section 294. Notwithstanding sections 291 and 292, the board may issue a license to an
170	170	140applicant who presents evidence that such applicant has been licensed or certified as a behavior
171	171	141analyst or assistant behavior analyst by a similar board of another jurisdiction the standards of
172	172	142which are at least the same as those required in the commonwealth.
173	173	143 Section 295. A fee shall be paid to the board for the original license. A license to practice
174	174	144as a licensed behavior analyst or a licensed assistant behavior analyst shall be valid for 2 years
175	175	145and must be renewed biennially. Any application for renewal of a license that has expired shall
176	176	146require the payment of a re-registration fee.
177	177	147 On or before September 13 of the year preceding the expiration of a license, the board
178	178	148shall forward to the holder of the license a form of application for renewal thereof. Upon the
179	179	149receipt of the completed form and the renewal fee on or before November 13, the board shall
180	180	150verify with the certifying entity that the applicant is certified at the appropriate level and is not
181	181	151the subject of any active investigation or disciplinary action by the certifying entity. If such
182	182	152verification is attained, the board shall issue a new license for the year commencing January 1.
183	183	153 Section 296. All fees required by sections 290 to 302, inclusive, shall be determined
184	184	154annually by the secretary of administration and finance under section 3B of chapter 7. All
185	185	155licensing and application fees and civil administrative penalties collected under said sections 290
186	186	156to 302, inclusive, shall be deposited into the Division of Occupational Licensure Trust Fund
187	187	157established in section 35V of chapter 10. 9 of 13
188	188	158 Section 297. Nothing in sections 290 to 302, inclusive, shall be construed to prevent
189	189	159qualified members of other professions or occupations including, but not limited to, physicians,
190	190	160psychologists, teachers, members of the clergy, authorized Christian Science practitioners,
191	191	161attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment
192	192	162counselors, speech pathologists, audiologists or rehabilitation counselors from practicing applied
193	193	163behavior analysis if it is consistent with the legislated scope of practice and accepted ethical
194	194	164standards of their respective professions and the individual professional’s training and
195	195	165competence; provided, however, that no such Christian Science practitioner, attorneys-at-law,
196	196	166social worker, guidance counselor, clinical counselor, adjustment counselor, speech pathologist,
197	197	167audiologist or rehabilitation counselor shall use any title or description stating or implying that
198	198	168such person is a licensed behavior analyst or licensed assistant behavior analyst without holding
199	199	169said license.
200	200	170 Section 298. A person licensed under sections 290 to 302, inclusive, shall comply with
201	201	171the standards of ethical practice as adopted by the board.
202	202	172 Section 299. A person not licensed to practice applied behavior analysis who holds
203	203	173himself out to be a licensed behavior analyst or licensed assistant behavior analyst or who uses
204	204	174the title “licensed behavior analyst” or “licensed assistant behavior analyst” or engages in the
205	205	175practice of applied behavior analysis shall be subject to the penalties set forth in section 65A.
206	206	176 Section 300. The penalties set forth in section 299 shall not apply to faculty or students of
207	207	177applied behavior analysis currently enrolled in a recognized educational institution which meets
208	208	178educational standards determined by the board or to interns or persons preparing for the practice
209	209	179of applied behavior analysis under qualified supervision in any such program; provided, they are 10 of 13
210	210	180designated by such titles as “behavior analyst intern”, “behavior analyst trainee” or other title
211	211	181clearly indicating such training status.
212	212	182 Section 301. The board shall investigate all complaints relating to the proper practice of
213	213	183applied behavior analysis by a person licensed under sections 290 to 302, inclusive.
214	214	184 The board, after a hearing held under chapter 30A, may revoke, suspend or cancel the
215	215	185license, or reprimand, censure or otherwise discipline a licensed behavior analyst or licensed
216	216	186assistant behavior analyst upon proof satisfactory to a majority of the board that the licensee:
217	217	187 (i) fraudulently procured the license;
218	218	188 (ii) is guilty of an offense under any law of the commonwealth relating to the practice of
219	219	189applied behavior analysis or a rule or regulation adopted under those laws;
220	220	190 (iii) engaged in conduct that calls into question their competence to practice applied
221	221	191behavior analysis including, but not limited to, gross misconduct in the practice of applied
222	222	192behavior analysis or of practicing applied behavior analysis fraudulently, or beyond its
223	223	193authorized scope, or with gross incompetence, or with gross negligence on a particular occasion
224	224	194or negligence on repeated occasions;
225	225	195 (iv) practiced applied behavior analysis while the ability to practice was impaired by
226	226	196alcohol, drugs, physical disability or mental instability;
227	227	197 (v) has been habitually drunk or being or having been within a reasonable period of time
228	228	198addicted to, dependent on or a habitual user of narcotics, barbiturates, amphetamines,
229	229	199hallucinogens or other drugs having similar effects; 11 of 13
230	230	200 (vi) knowingly permitted, aided or abetted an unlicensed individual to perform activities
231	231	201requiring a license for purposes of fraud, deception or personal gain;
232	232	202 (vii) has been convicted of a criminal offense which reasonably calls into question the
233	233	203licensee’s ability to practice applied behavior analysis;
234	234	204 (viii) violated any rule or regulation of the board governing the practice of applied
235	235	205behavior analysis; or
236	236	206 (ix) violated any professional disciplinary or ethical standard established by the board.
237	237	207 No person who files a complaint or who reports or provides information under this
238	238	208section or assists the board at its request in any manner in discharging its duties and functions
239	239	209shall be liable in a cause of action arising out of the receiving of such information or assistance if
240	240	210the person making the complaint or reporting or providing the information or assistance does so
241	241	211in good faith and without malice.
242	242	212 If the licensee is found not to have violated this section, the board shall forthwith order a
243	243	213dismissal of the charges.
244	244	214 Written notice of a contemplated revocation or suspension of a license or the cause
245	245	215therefor, in sufficient particularity, and the date of a hearing thereon, shall be sent by registered
246	246	216or certified mail to the licensee at the licensee’s last known address at least 15 days before the
247	247	217date of the hearing. The licensee against whom a charge is filed shall have a right to appear
248	248	218before the board in person or by counsel, or both, may produce witnesses, introduce evidence
249	249	219and question witnesses. No license shall be revoked or suspended without such hearing, but the
250	250	220nonappearance of the licensee, after notice, shall not prevent such revocation or suspension. All 12 of 13
251	251	221matters upon which a contemplated revocation or suspension is based shall be introduced in
252	252	222evidence at the proceeding. The licensee shall be notified in writing of the board’s decision. The
253	253	223board may make such rules and regulations as it deems proper for the filing of charges and the
254	254	224conduct of hearings.
255	255	225 After issuing an order of revocation or suspension, the board may file a petition in equity
256	256	226in the superior court in a county in which the respondent resides or transacts business, or in
257	257	227Suffolk County, to ensure appropriate injunctive relief to expedite and secure the enforcement of
258	258	228its order, pending the final determination.
259	259	229 A decision by the board under this section shall be subject to review in superior court
260	260	230under chapter 30A.
261	261	231 Section 302. After three years from the date of revocation, an application for
262	262	232reinstatement may be made to the board and the board may, upon the affirmative vote of a
263	263	233majority of its members, grant such reinstatement.
264	264	234 SECTION 8. Notwithstanding section 110 of chapter 13 of the General Laws, the initial
265	265	235members of the board of registration of behavior analysts shall consist of 9 members to be
266	266	236appointed by the governor, 2 of whom shall be doctoral-level, Board-Certified Behavior Analysts
267	267	237designated as such by the Behavior Analyst Certification Board, 4 of whom shall be Board-
268	268	238Certified Behavior Analysts designated as such by the Behavior Analyst Certification Board who
269	269	239hold master’s degrees, 1 of whom shall be a Board-Certified Assistant Behavior Analyst
270	270	240designated as such by the Behavior Analyst Certification Board who holds a bachelor’s degree,
271	271	241and 2 members of the general public, subject to section 9B of chapter 13. Of the said initial 13 of 13
272	272	242members appointed to the board, 3 shall serve for terms of 3 years, 3 shall serve for terms of 2
273	273	243years and 3 shall serve for a term of 1 year.
274	274	244 SECTION 9. Individuals licensed in good standing as applied behavior analysts or
275	275	245assistant applied behavior analysts within the commonwealth upon the effective date of this Act
276	276	246shall be grandfathered, and not required to resubmit applications for licensure until the time as
277	277	247their license is due for renewal.