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ENGROSSED SENATE
BILL NO. 179 By: Stanley of the Senate
and
Bush of the House
An Act relating to behavior analysts; amendi ng 59
O.S. 2011, Section 1928 , which relates to licensing;
modifying and adding definitions; deleting
requirement for certain finding; removing certain
application criteria; updating certain standards;
removing limitation on certain fees; removing certain
exemption; providing for limited practice of
supervisees; prohibiting provision of services under
certain condition; updating terms; updating statutory
reference; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Sectio n 1928, is
amended to read as follows:
Section 1928. A. As used in this act section and Sections 1 -
280.1 through 1-280.3 of Title 63 of the Oklahoma Stat utes:
1. a. "Applied behavior analysis" means the design,
implementation, and evaluation of instruc tional and
environmental modifications to produce socially
significant improvements in human behavior through
skill, acquisition, a nd the reduction of problematic
behavior. An applie d behavior analysis program shall:
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(1) be based on empirical research inc luding the
direct observation and measurement of behavior as
well as a functional behavior assessment, and
(2) utilize antecedent s timuli, positive
reinforcement, and other consequenc es to produce
behavior change.
b. Applied behavior analysis does not include cognitive
therapies or psychological testing, neuropsychology,
psychotherapy, sex therapy, psychoanalysis,
hypnotherapy, and lo ng-term counseling as treatment
modalities;
2. "Board" means the nationally accredited Behavior Analyst
Certification Board;
3. "Human services professio nal" means an individual licensed
or certified by the state as one of the following:
a. a licensed physical therapist or physical therapist
assistant pursuant to Sections 887.1 through 887. 18 of
Title 59 of the Oklahoma Statut es this title,
b. an occupational therapist, occupational therapy
assistant, or occupational therapy aide pursuant to
Sections 888.1 through 8 88.15 of Title 59 of the
Oklahoma Statutes this title,
c. a licensed clinical social worker, licensed masters
social worker, or social work asso ciate pursuant to
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Sections 1250 through 1273 of Title 59 of the Oklahoma
Statutes this title,
d. a psychologist or health service psyc hologist pursuant
to Sections 1351 through 1376 of Title 59 of the
Oklahoma Statutes this title,
e. a licensed speech path ologist, licensed audiologist,
speech-language pathologist or audiologist pursuant to
Sections 1601 through 1622 of Title 59 of the Oklahoma
Statutes this title,
f. a licensed professional counselor or licensed
professional counselor candidate pursuant to Sections
1901 through 1920 of Title 59 of the Oklahoma Statutes
this title,
g. a licensed marital and family therap ist or licensed
marital and family the rapist candidate pursuant to
Sections 1925.1 through 1925.18 of Title 59 of the
Oklahoma Statutes this title, or
h. a licensed behavioral practitioner or licensed
behavioral practitioner ca ndidate pursuant to Sections
1930 through 1949.1 of Title 59 of the Oklahoma
Statutes this title;
4. "Certified assistant behavior analyst " "Board Certified
Assistant Behavior Analyst" or "BCaBA" means an individual who is
certified by the nationally accredited Beha vior Analyst
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Certification Board as a Board -Certified Assistant Behavior Analyst
and certified Board and certified by the Developmental Disabilities
Services Division of the Department of Human Services;
5. "Licensed behavior analyst " "Board Certified Behavior
Analyst" or "BCBA" means an individual who is certi fied by the
nationally accredited B ehavior Analyst Certification Board a s a
Board-Certified Behavior An alyst Board and licensed by the
Developmental Disabilities Services Division of the Department; and
6. "Registered Behavior Technician" or "RBT" means a
paraprofessional who is certified by the Board and practices under
the close, ongoing supervision of a Board Certified Behavior
Analyst. The Registered Behavior Technician is primarily
responsible for the direct imp lementation of behavior -analytic
services designed and prescribed by a Board Certified Behavior
Analyst; and
7. "Supervisee" means a person who acts under the extended
authority of a licensed behavior analyst to provide applied behavior
analysis services or a person who is in training to provi de such
services Board Certified Assistant Behavior Analyst or Registered
Behavior Technician who acts under the authority and supervision of
a Board Certified Behavior Analyst to provide applied behavior
analysis services, or a Board Certified Assistant Behavior Analyst
or Registered Behavior Technician applicant to provide such services
as defined by the Board.
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B. Each person wishing to practice as a licensed behavior
analyst or a certified assistant behavior analyst Board Certified
Behavior Analyst or a Board Certified Assistant Behavior Analyst
shall apply to the Developme ntal Disabilities Services Division of
the Department of Human Services using a form and in a manner
prescribed by the Division Developmental Disabilities Services and
shall furnish evidence satisfactory to t he Division Developmental
Disabilities Services that such person:
1. Is of good moral character;
2. Is at least twenty-one (21) years of age;
3. Has passed the Board exa mination and is certified by the
Board as a Board-Certified Board Certified Behavior Analyst or a
Board-Certified Board Certified Assistant Behavior Analyst, as
applicable; and
4. 2. Has not had a professional l icense or certification
refused, revoked, suspended, or restri cted and does not ha ve a
complaint, allegation , or investigation pend ing in any regulatory
jurisdiction in the United States or in another country f or reasons
that relate to unprofessional condu ct unless the Division finds, to
its satisfaction, that the conduct has been corre cted or that
mitigating circumstances exist that prevent its resolution; and
5. Has at least the minimum graduate or undergradu ate degree,
appropriate for the level of certification, from an accredit ed
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institution of higher learning in a qualifying field of study, as
determined by the Board.
C. A person holding a state license or state certi fication
shall apply for renewal of the state license or state certification
on or before April 30 of each odd -numbered year. The application
shall be accompanied by a renewal fee to be set by the Division
Developmental Disabilities Services in accordance with paragraph 3
of subsection F of th is section.
D. A person licensed or certified by the Developmental
Disabilities Services Division of the Department under this section
shall:
1. Maintain active s tatus and fulfill all requirements for
renewal of national certification or recertification with the Board;
and
2. Conduct professional activities in accordance w ith accepted
standards such as the Guidelines for Responsible Conduct and
Professional Disciplinary Standards of the Board Board's
Professional and Ethical Compliance Code for Behavior Analysts.
E. 1. No person shall claim the ti tle of licensed behavior
analyst or certified ass istant behavior analyst Board Certified
Behavior Analyst or Board Certified Assistant Behavior Analyst
unless that person meets the applicable requirements in this
section. No person shall practice applied behavior analysis without
obtaining a license or certification in accordance with this
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section. Supervisees may only provide applied behav ior analysis
under the supervision of a licensed behavior analyst Board Certified
Behavior Analyst. This section shall not restrict the practice of
applied behavior analysis by human services professionals, provided
such individuals are working within the scope of their professions
and the practice of applied behavior analysis is commensurate with
their level of trainin g and experience.
2. A violation of this su bsection shall be punishable by a fine
of not more than Five Hundred Dollars ($500.00), the sus pension or
revocation of a license or certification issued pursuant to this
section, or both such fine and loss of li censure or certification.
F. The Division state licensure board operated by t he
Developmental Disabilities Services shall:
1. Investigate all complaints relating to :
a. the practice or supervision of applied behavior
analysis by any person licensed by th e Developmental
Disabilities Services Division of the Department as a
behavior analyst or certified by the Division as an
assistant behavior analyst Board Certified Behavior
Analyst or certified as a Board Certified Assistant
Behavior Analyst, or
b. any person alleged to be practicing or providing
supervision without a state license or state
certification;
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2. Refer any substantiated complaints to the Board ; and
3. Charge reasonable fees for a license or for certification,
not to exceed One Hundred Dollars ($100.00).
G. 1. A person having a qualifying degree, as provided for in
paragraph 5 of subsection B of this section, and participating in
the applied behavior analysis treatment pilot proje ct established in
Section 3 of this act shall be exempt from the requirements of this
section while such person is actively participating in the project.
2. Persons employed by a school district in this state who
provide services solely to the school dist rict under the Individuals
with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et
seq., shall be exempt from the requirements of this section.
H. The supervisee shall not design intervention or assessment
plans. It shall be the responsibility of the supervising Board
Certified Behavior Analyst to determine which other tasks the
supervisee may perform as a function of the supervisee's training,
experience and competence. The Board Certified Behavior Analyst
shall be responsible for the work performed by the supervisee on the
cases overseen by the Board Certified Behavior Analyst.
I. A Board Certified Behavior Analyst, Board Certified
Assistant Behavior Analyst or Registered Behavior Technician who is
a guardian or parent shall not provi de services to his or her own
child or ward.
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J. The Department Director of Human Services shall promulgate
rules to implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives