Bill Text: HI HB2271 | 2018 | Regular Session | Amended
Bill Title: Relating To The Practice Of Behavior Analysis.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2018-07-11 - Act 205, 07/10/2018 (Gov. Msg. No. 1314). [HB2271 Detail]
Download: Hawaii-2018-HB2271-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2271 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE PRACTICE OF BEHAVIOR ANALYSIS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that behavior analysis means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, as well as the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.
The legislature further finds that Act 199, Session Laws of Hawaii 2015, established the behavior analyst program within the department of commerce and consumer affairs and established licensing requirements for behavior analysts. Licensing of behavior analysis services was made concurrent with mandated insurance coverage for diagnosis and treatment related to autism disorders.
Also, the legislature finds that Act 107, Session Laws of Hawaii 2016, temporarily exempted some practitioners from licensing requirements of the practice of behavior analysis, in particular, direct support workers who provide autism treatment services pursuant to an individualized education plan.
The legislature additionally finds that many students enrolled in department of education schools would benefit from the expansion of behavior analysis services throughout Hawaii's public school system, including, but not limited to, students with autism disorders.
Accordingly, the purpose of this Act is to provide an additional two years for the department of education to implement these services within the department.
SECTION 2. Section 465D-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) This chapter is not intended to restrict the practice of other licensed or credentialed practitioners practicing within their own recognized scopes of practice and shall not apply to:
(1) An individual working within the scope of practice or duties of another licensed profession that overlaps with the practice of behavior analysis; provided that the person does not purport to be a behavior analyst;
(2) An individual who implements or designs applied behavior analysis services and possesses board certification as an assistant behavior analyst by the Behavior Analyst Certification Board and who practices in accordance with the most recent supervisory and ethical requirements adopted by the Behavior Analyst Certification Board under the direction of a behavior analyst licensed in this State;
(3) An individual who directly implements applied behavior analysis services and:
(A) Is credentialed as a registered behavior technician by the Behavior Analyst Certification Board, and is under the direction of a behavior analyst licensed in this State;
(B) Is a direct support worker who [provides
autism treatment services pursuant to an individualized education plan] directly
implements an applied behavior analysis program under supervision of a licensed
professional and does not design intervention or assessment plans on or
before [January 1, 2019; [or]] July 1, 2021; or
[[](C)[]] Is a direct support worker who provides medicaid
home and community-based services pursuant to section 1915(c) of the Social
Security Act on or before January 1, 2019;
provided that for purposes of this
paragraph, "direct support worker" means a teacher or
paraprofessional [who directly implements intervention or assessment plans
under supervision and does not design intervention or assessment plans];
(4) A family member or legal guardian implementing an applied behavior analysis plan and who acts under the direction of a behavior analyst licensed in this State;
(5) An individual who engages in the practice of behavior analysis with nonhuman or nonpatient clients or consumers including but not limited to applied animal behaviorists and practitioners of organizational behavior management;
(6) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum; provided that the student's or fellow's activities or practice is directly supervised by a behavior analyst licensed in this State or an instructor in a Behavior Analyst Certification Board-approved course sequence; or
(7) An individual pursuing experience in behavior analysis consistent with the Behavior Analyst Certification Board's experience requirements; provided that the experience is supervised by a behavior analyst licensed in this State."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Practice of Behavior Analysis; School Setting
Description:
Provides an additional two years for the Department of Education to implement behavior analysis services within Department schools. Makes services available to students, regardless of diagnosis with an autism disorder. (HB2271 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
