CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 277

Introduced by Assembly Member Alanis

January 21, 2025

An act to add Part 1.5 (commencing with Section 4439) to Division 4.1 of the Welfare and Institutions Code, relating to autism.


LEGISLATIVE COUNSEL'S DIGEST


AB 277, as introduced, Alanis. Autism: behavioral technician certification.
Existing law authorizes the State Department of Developmental Services (DDS) to perform various duties relating to the prevention, diagnosis, and treatment of persons with intellectual and developmental disabilities, including disseminating educational information, providing advice, conducting educational and related work, and organizing, establishing, and maintaining community mental health clinics and overseeing regional centers for people with developmental disabilities.
Existing law requires the Department of Justice to maintain state summary criminal history information, as defined, and to furnish this information as required by statute to specified entities, including the agency or entity identified in a statute. Under existing law, the disclosure of state summary criminal history information to an unauthorized person is a crime.
This bill would require DDS to establish a certification process for behavioral technicians, as defined, including, among others, qualified autism service providers. The bill would require the certification process to include, at a minimum, a criminal background check, except as specified. The bill would prohibit the department from certifying an individual who has been convicted of a crime involving a minor. The bill would require a behavioral technician to request certification from the department if their duties include, or would include, working with a patient who is under 18 years of age. The bill would prohibit a developmental center, facility, or program that provides services to a person who is under 18 years of age from employing a behavioral technician who is not certified by the department. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Part 1.5 (commencing with Section 4439) is added to Division 4.1 of the Welfare and Institutions Code, to read:

PART 1.5. Behavioral Technician Certification

4439.
 (a) A behavioral technician shall request certification from the department if their duties include, or would include, working with a person who is under 18 years of age.
(b) A developmental center, facility, or program that provides services to a person who is under 18 years of age shall not employ a behavioral technician who is not certified by the department.
(c) As used in this part, the following terms have the following meanings:
(1) “Behavioral technician” means any of the following:
(A) A qualified autism service provider.
(B) A qualified autism service professional.
(C) A qualified autism service paraprofessional.
(2) “Qualified autism service provider” means either of the following:
(A) An individual who is certified by a national entity, such as the Behavior Analyst Certification Board, with a certification that is accredited by the National Commission for Certifying Agencies who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the person who is nationally certified.
(B) A person licensed as a physician and surgeon, physical therapist, occupational therapist, psychologist, marriage and family therapist, educational psychologist, clinical social worker, professional clinical counselor, speech-language pathologist, or audiologist, pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who designs, supervises, or provides treatment for pervasive developmental disorder or autism, provided the services are within the experience and competence of the licensee.
(3) “Qualified autism service professional” means an individual who meets all of the following criteria:
(A) Provides behavioral health treatment, which may include clinical case management and case supervision under the direction and supervision of a qualified autism service provider.
(B) Is supervised by a qualified autism service provider.
(C) Provides treatment pursuant to a treatment plan developed and approved by the qualified autism service provider.
(D) Is either of the following:
(i) A behavioral service provider who meets the education and experience qualifications described in Section 54342 of Title 17 of the California Code of Regulations for an Associate Behavior Analyst, Behavior Analyst, Behavior Management Assistant, Behavior Management Consultant, or Behavior Management Program.
(ii) (I) A psychological associate, an associate marriage and family therapist, an associate clinical social worker, or an associate professional clinical counselor as defined and regulated by the Board of Behavioral Sciences or the Board of Psychology.
(II) If an individual meets the requirement described in subclause (I), they shall also meet the criteria set forth in the regulations adopted pursuant to Section 4686.4 for a Behavioral Health Professional.
(E) Has training and experience in providing services for pervasive developmental disorder or autism pursuant to Division 4.5 (commencing with Section 4500) of this code or Title 14 (commencing with Section 95000) of the Government Code.
(F) Is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan.
(4) “Qualified autism service paraprofessional” means an unlicensed and uncertified individual who meets all of the following criteria:
(A) Is supervised by a qualified autism service provider or qualified autism service professional at a level of clinical supervision that meets professionally recognized standards of practice.
(B) Provides treatment and implements services pursuant to a treatment plan that was developed and approved by the qualified autism service provider.
(C) Meets the education and training qualifications described in Section 54342 of Title 17 of the California Code of Regulations.
(D) Has adequate education, training, and experience, as certified by a qualified autism service provider or an entity or group that employs qualified autism service providers.
(E) Is employed by the qualified autism service provider or an entity or group that employs qualified autism service providers responsible for the autism treatment plan.

4439.01.
 (a) The department shall establish a certification process for behavioral technicians, which shall include, at a minimum, a criminal background check as described in Section 4439.02.
(b) The department shall not certify an individual who has been convicted of a crime involving a minor.

4439.02.
 (a) (1) As part of the certification process required by Section 4439.01 and pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for an individual seeking to become a certified behavioral technician whose duties include, or would include, working with a patient who is under 18 years of age.
(2) When requested by a facility providing behavioral services, the department shall disclose the certification status of the individual, but shall not disclose any of the details of the state summary criminal history information.
(3) If certification is denied, the department shall notify the person whose certification was denied and allow them the opportunity to contest the determination.
(b) The Department of Justice shall provide a state- or federal-level response pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(c) A professional license in good standing that requires a state summary criminal history that meets or exceeds the standards of this section shall be considered by the department as meeting this requirement and the person may be certified based on that license without the fingerprint submission required in subdivision (a).

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.