Connecticut Seal

nsSmallSeal

House of Representatives

File No. 803

General Assembly

 

January Session, 2017

(Reprint of File No. 457)

Substitute House Bill No. 7167

 

As Amended by House Amendment

Schedule "A"

Approved by the Legislative Commissioner

May 26, 2017

AN ACT CONCERNING BEHAVIOR ANALYSTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-185i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) As used in this section, sections 2 to 5, inclusive, of this act and section 19a-14, as amended by this act:

(1) "Behavior Analyst Certification Board" means the nonprofit corporation established to meet the professional credentialing needs of behavior analysts, governments and consumers of behavior analysis services and accredited by the National Council for Certifying Agencies in Washington, D.C., or any successor national accreditation organization;

[(2) "Board certified behavior analyst (BCBA)" means a person who has been certified as a behavior analyst by the Behavior Analyst Certification Board; and

(3) "Board certified assistant behavior analyst (BCABA)"]

(2) "Behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavior stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior, but does not include: (A) Psychological testing, (B) neuropsychology, (C) cognitive therapy, (D) sex therapy, (E) psychoanalysis, (F) hypnotherapy, (G) cognitive behavioral therapy, (H) psychotherapy, or (I) long-term counseling as treatment modalities;

(3) "Behavior analyst" means a person who is licensed to practice behavior analysis under the provisions of section 3 or 4 of this act; and

(4) "Assistant behavior analyst" means a person who has been certified as an assistant behavior analyst by the Behavior Analyst Certification Board to assist in the practice of behavior analysis under the supervision of a behavior analyst.

(b) No person, unless certified by the Behavior Analyst Certification Board as a [board certified behavior analyst or a] board certified assistant behavior analyst, shall use in connection with his or her name or place of business: (1) The words ["board certified behavior analyst", "certified behavior analyst",] "board certified assistant behavior analyst" or "certified assistant behavior analyst", (2) the letters [, "BCBA" or] "BCABA", or (3) any words, letters, abbreviations or insignia indicating or implying that he or she is a [board certified behavior analyst or] board certified assistant behavior analyst or in any way, orally, in writing, in print or by sign, directly or by implication, represent himself or herself as a [board certified behavior analyst or] board certified assistant behavior analyst. Any person who violates the provisions of this section shall be guilty of a class D felony. For the purposes of this section, each instance of contact or consultation with an individual which is in violation of any provision of this section shall constitute a separate offense.

Sec. 2. (NEW) (Effective July 1, 2018) (a) No person may practice behavior analysis unless licensed pursuant to section 3 or 4 of this act.

(b) No person may use the title "behavior analyst" or make use of any title, words, letters or abbreviations that may reasonably be confused with licensure as a behavior analyst unless such person is licensed pursuant to section 3 or 4 of this act.

(c) The provisions of this section shall not apply to a person who (1) provides behavior analysis or assists in the practice of behavior analysis while acting within the scope of practice of the person's license or certification and training, provided the person does not hold himself or herself out to the public as a behavior analyst, (2) is a student enrolled in a behavior analysis educational program accredited by the Behavior Analyst Certification Board, or a graduate education program in which behavior analysis is an integral part of the student's course of study and such student is performing such behavior analysis or assisting in behavior analysis under the direct supervision of a behavior analyst, (3) is an instructor in a course approved by the Behavior Analyst Certification Board, (4) is an assistant behavior analyst working under the supervision of a behavior analyst in accordance with the standards established by the Behavior Analyst Certification Board, (5) implements an intervention based on behavior analysis under the supervision of a behavior analyst, or (6) is a family member, guardian or caretaker implementing a behavior analysis treatment plan under the direction of a behavior analyst.

Sec. 3. (NEW) (Effective July 1, 2018) (a) The Commissioner of Public Health shall grant a license as a behavior analyst to any applicant who furnishes evidence satisfactory to the commissioner that such applicant is certified as a behavior analyst by the Behavior Analyst Certification Board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifty dollars.

(b) Licenses issued under this section may be renewed annually. The fee for such renewal shall be one hundred seventy-five dollars. Each behavior analyst applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the Behavior Analyst Certification Board.

Sec. 4. (NEW) (Effective July 1, 2018) A person, who is not eligible for licensure under section 3 of this act, may apply for licensure by endorsement as a behavior analyst. Such applicant shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a behavior analyst, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending.

Sec. 5. (NEW) (Effective July 1, 2018) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a behavior analyst for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice behavior analysis; (4) fraud or deceit in the practice of behavior analysis; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to behavior analysis. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.

Sec. 6. Subsection (c) of section 19a-14 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech and language pathologist and audiologist;

(2) Hearing instrument specialist;

(3) Nursing home administrator;

(4) Sanitarian;

(5) Subsurface sewage system installer or cleaner;

(6) Marital and family therapist;

(7) Nurse-midwife;

(8) Licensed clinical social worker;

(9) Respiratory care practitioner;

(10) Asbestos contractor and asbestos consultant;

(11) Massage therapist;

(12) Registered nurse's aide;

(13) Radiographer;

(14) Dental hygienist;

(15) Dietitian-Nutritionist;

(16) Asbestos abatement worker;

(17) Asbestos abatement site supervisor;

(18) Licensed or certified alcohol and drug counselor;

(19) Professional counselor;

(20) Acupuncturist;

(21) Occupational therapist and occupational therapist assistant;

(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;

(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;

(24) Paramedic;

(25) Athletic trainer;

(26) Perfusionist;

(27) Master social worker subject to the provisions of section 20-195v;

(28) Radiologist assistant, subject to the provisions of section 20-74tt;

(29) Homeopathic physician;

(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training;

(31) Tattoo technician; [and]

(32) Genetic counselor; and

(33) Behavior analyst.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.

Sec. 7. Subdivision (6) of section 20-413 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(6) The provision of applied behavior analysis services by a [board certified] licensed behavior analyst or a board certified assistant behavior analyst, as such terms are defined in section 20-185i, as amended by this act, in accordance with section 10-76ii, as amended by this act.

Sec. 8. Section 10-76ii of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

[(a)] On and after July 1, 2012, a local or regional board of education that is responsible for providing special education and related services to a child, pursuant to section 10-76a, shall provide applied behavior analysis services to any such child with autism spectrum disorder if the individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 requires such services. [(1) Such services shall be provided by a person who is, subject to the provisions of subsection (b) of this section, (A) licensed by the Department of Public Health or certified by the Department of Education and such services are within the scope of practice of such license or certificate, or (B) certified by the Behavior Analyst Certification Board as a behavior analyst or assistant behavior analyst, provided such assistant behavior analyst is working under the supervision of a certified behavior analyst. (2) A teacher or paraprofessional may implement the individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973 providing for such applied behavior analysis services, provided such teacher or paraprofessional is under the supervision of a person described in subdivision (1) of this subsection. For purposes of this section, "applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior.

(b) If the Commissioner of Education determines that there are insufficient certified or licensed personnel available to provide applied behavior analysis services in accordance with the provisions of subsection (a) of this section, the commissioner may authorize the provision of such services by persons who: (1) Hold a bachelor's degree in a related field; (2) have completed (A) a minimum of nine credit hours of coursework from a course sequence approved by the Behavior Analyst Certification Board, or (B) coursework that meets the eligibility requirement to sit for the board certified behavior analyst examination; and (3) are supervised by a board certified behavior analyst.

(c)] Nothing in this section shall be construed to require the inclusion of applied behavior analysis services in an individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973.

Sec. 9. Subsection (a) of section 10-145t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For purposes of this section, "school support staff" means any person employed by a local or regional board of education as a [board certified] behavior analyst or [board certified] assistant behavior analyst, as such terms are defined in section 20-185i, as amended by this act, athletic coach, as defined in section 10-149d, or school paraprofessional.

Sec. 10. Subsections (a) to (c), inclusive, of section 38a-488b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) As used in this section:

(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.

(2) "Autism spectrum disorder services provider" means any person, entity or group that provides treatment for an autism spectrum disorder pursuant to this section.

(3) "Autism spectrum disorder" means "autism spectrum disorder" as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".

(4) "Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research and consistent with the services and interventions designated by the Commissioner of Social Services pursuant to subsection (l) of section 17a-215c, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with autism spectrum disorder, that are: (A) Provided to children less than twenty-one years of age; and (B) provided or supervised by (i) a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] (ii) a licensed physician, or (iii) a licensed psychologist. For the purposes of this subdivision, behavioral therapy is "supervised by" such licensed behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism spectrum disorder services provider by such licensed behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.

(5) "Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has autism spectrum disorder.

(b) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for the diagnosis and treatment of autism spectrum disorder. For the purposes of this section and section 38a-482a, autism spectrum disorder shall be considered an illness.

(c) Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with autism spectrum disorder, in accordance with a treatment plan developed by a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] licensed physician, licensed psychologist or licensed clinical social worker, pursuant to a comprehensive evaluation or reevaluation of the insured:

(A) Behavioral therapy;

(B) Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, a licensed physician assistant or an advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;

(C) Direct psychiatric or consultative services provided by a licensed psychiatrist;

(D) Direct psychological or consultative services provided by a licensed psychologist;

(E) Physical therapy provided by a licensed physical therapist;

(F) Speech and language pathology services provided by a licensed speech and language pathologist; and

(G) Occupational therapy provided by a licensed occupational therapist.

Sec. 11. Subsections (a) to (c), inclusive, of section 38a-514b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) As used in this section:

(1) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.

(2) "Autism spectrum disorder services provider" means any person, entity or group that provides treatment for autism spectrum disorder pursuant to this section.

(3) "Autism spectrum disorder" means "autism spectrum disorder" as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".

(4) "Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research and consistent with the services and interventions designated by the Commissioner of Social Services pursuant to subsection (l) of section 17a-215c, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with autism spectrum disorder, that are: (A) Provided to children less than twenty-one years of age; and (B) provided or supervised by (i) a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] (ii) a licensed physician, or (iii) a licensed psychologist. For the purposes of this subdivision, behavioral therapy is "supervised by" such licensed behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism spectrum disorder services provider by such licensed behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.

(5) "Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has autism spectrum disorder.

(b) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for the diagnosis and treatment of autism spectrum disorder. For the purposes of this section and section 38a-513c, autism spectrum disorder shall be considered an illness.

(c) Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with autism spectrum disorder, in accordance with a treatment plan developed by a licensed behavior analyst, [who is certified by the Behavior Analyst Certification Board,] licensed physician, licensed psychologist or licensed clinical social worker, pursuant to a comprehensive evaluation or reevaluation of the insured:

(A) Behavioral therapy;

(B) Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, a licensed physician assistant or an advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;

(C) Direct psychiatric or consultative services provided by a licensed psychiatrist;

(D) Direct psychological or consultative services provided by a licensed psychologist;

(E) Physical therapy provided by a licensed physical therapist;

(F) Speech and language pathology services provided by a licensed speech and language pathologist; and

(G) Occupational therapy provided by a licensed occupational therapist.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

20-185i

Sec. 2

July 1, 2018

New section

Sec. 3

July 1, 2018

New section

Sec. 4

July 1, 2018

New section

Sec. 5

July 1, 2018

New section

Sec. 6

July 1, 2018

19a-14(c)

Sec. 7

July 1, 2018

20-413(6)

Sec. 8

July 1, 2018

10-76ii

Sec. 9

July 1, 2018

10-145t(a)

Sec. 10

July 1, 2018

38a-488b(a) to (c)

Sec. 11

July 1, 2018

38a-514b(a) to (c)

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 18 $

FY 19 $

Public Health, Dept.

GF - Cost

7,283

58,191

State Comptroller - Fringe Benefits1

GF - Cost

740

22,083

Resources of the General Fund

GF - Revenue Gain

None

240,100

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill results in a state cost of approximately $8,023 in FY 18 and a net General Fund revenue gain of $159,826 in FY 19 from the establishment of a new “Behavior Analyst” (BA) licensure category under the Department of Public Health (DPH).

The cost to the DPH in FY 18 primarily reflects two half-time positions, an Office Assistant and a Special Investigator, starting on 6/1/18. This start date allows for one month of training before the implementation of the new licensure category on 7/1/18. The cost of salaries ($4,833 in FY 18 and $57,991 in FY 19), equipment ($2,450 in FY 18 for two computers with software and one scanner), and associated other expenses ($200 annually beginning in FY 19 for printing, postage, and office supplies) are estimated to total $7,283 in FY 18 and $58,191 in FY 19. The State Comptroller fringe benefit cost for these positions is $740 in FY 18 and $22,083 in FY 19.

General Fund revenue of $240,100 in FY 19 is anticipated from the initial licensure application fee of $350. It is anticipated that 586 board-certified BAs in Connecticut, and approximately 100 more individuals, will apply for licensure in FY 19. As licenses must be renewed annually (the fee is $175 under the bill) revenue from license renewals will not be generated until the out years.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the number of initial and renewal BA licenses issued by DPH, associated costs (a 2% cost inflation is anticipated), and General Fund revenue from fees. In the out years, approximately 100 individuals are anticipated to seek BA licensure annually. This would result in a revenue gain of $35,000 annually from initial licensure fees. Anticipated revenue of $35,000 initial license fees and $120,050 from license renewals will exceed state costs of $58,091 by $96,959 in FY 20.

House “A” delayed the effective date of the bill from 1/1/18 to 7/1/18 and made BA licensure renewal annual instead of biennial. These changes altered the fiscal impact identified on the underlying bill by: (1) reducing the cost to DPH by $29,196 and the cost to the State Comptroller by $4,441 in FY 18, (2) eliminating an anticipated General Fund revenue gain of $205,100 in FY 18, (3) generating General Fund revenue of the same amount in FY 19, and (4) increasing General Fund revenue by approximately $120,000 from renewal fees in the odd-numbered years beginning in FY 21.

Sources:

 Behavior Analyst Certification Board®, Inc. 

website: http://info.bacb.com/o.php?page=100155

OLR Bill Analysis

sHB 7167 (as amended by House "A")*

AN ACT CONCERNING BEHAVIOR ANALYSTS.

SUMMARY

This bill requires behavior analysts to be licensed by the Department of Public Health (DPH). To obtain a license, an applicant must be (1) certified by the Behavior Analyst Certification Board (“board”) or (2) eligible for licensure by endorsement. Current law prohibits representing oneself as a “board certified behavior analyst” unless certified by the board.

Among other exemptions, the bill's licensure requirement does not apply to individuals providing behavior analysis while acting within the scope of their professional credential and training, as long as they do not hold themselves out as behavior analysts.

The bill eliminates current provisions on required qualifications for individuals providing applied behavior analysis as part of special education services for students with autism spectrum disorder. Under the bill, such individuals must be licensed or qualify under one of the bill's licensure exemptions, just like others providing behavioral analysis.

The bill sets the grounds for DPH disciplinary action against licensees and specifies that no new regulatory board is created for behavior analysts. It also specifies that assistant behavior analysts must work under a licensed behavior analyst's supervision. (By law, assistant analysts must be board certified.)

The bill also makes technical and conforming changes, such as replacing references to “certified” behavior analysts with “licensed” behavior analysts in certain insurance statutes.

*House Amendment “A” (1) changes the bill's effective date from January 1, 2018 to July 1, 2018; (2) requires license renewal annually rather than every two years; and (3) makes a minor change to one of the bill's exemptions from licensure.

EFFECTIVE DATE: July 1, 2018

BEHAVIOR ANALYST LICENSURE

Behavior Analysis Definition (§ 1)

Under the bill, “behavior analysis” is the design, implementation, and evaluation of environmental modifications, using behavior stimuli and consequences, to produce socially significant improvement in human behavior. This may include direct observation, measurement, and functional analysis of the relationship between the environment and behavior. The term does not include psychological testing, neuropsychology, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, cognitive behavioral therapy, psychotherapy, or long-term counseling.

Licensure Requirement and Exemptions (§ 2)

Under current law, it is a class D felony, punishable by imprisonment for up to five years, a fine of up to $5,000, or both, for someone not board-certified to represent himself or herself as a board certified behavior analyst. The bill removes the criminal penalty and instead generally prohibits anyone without a behavior analyst license from (1) practicing behavior analysis or (2) using the title “behavior analyst” or any title, words, letters, or abbreviations that may reasonably be confused with behavior analyst licensure.

These restrictions do not apply to:

License Applications, Qualifications, and Renewals (§§ 3 & 4)

The bill requires the DPH commissioner to issue a behavior analyst license to any applicant who submits, on a DPH form, satisfactory evidence that he or she is board certified as a behavior analyst.

The bill also allows for licensure by endorsement for individuals who are not board certified. Such an applicant must provide DPH with satisfactory evidence that he or she is licensed or certified as a behavior analyst (or as someone entitled to perform similar services under a different title) in another state or jurisdiction. That jurisdiction's requirements for practicing must be substantially similar to or greater than Connecticut's, and there must be no pending disciplinary actions or unresolved complaints against the applicant.

The license application fee is $350, and the annual renewal fee is $175. To renew, licensees must provide satisfactory evidence that they are board certified. (Thus, individuals licensed by endorsement must become board certified if they seek to renew their license.)

Enforcement and Disciplinary Action (§ 5)

The bill allows the DPH commissioner to take disciplinary action against a licensed behavior analyst for:

By law, disciplinary actions available to DPH include (1) revoking or suspending a license, (2) censuring the violator, (3) issuing a letter of reprimand, (4) placing the violator on probation, or (5) imposing a civil penalty of up to $25,000 (CGS § 19a-17). As under existing law for various other health professions, the bill allows the commissioner to order a licensee to undergo a reasonable physical or mental examination if his or her capacity to practice safely is under investigation.

The bill allows the commissioner to petition Hartford Superior Court to enforce such an examination order or any disciplinary action he takes. He must give the person notice and an opportunity to be heard before taking disciplinary action.

Behavior Analysis Services for Students with Autism Spectrum Disorder (§ 8)

By law, school districts must provide applied behavior analysis for students with autism spectrum disorder who require the services (1) according to a special education individualized education program or (2) under an educational plan established under section 504 of the 1973 federal Rehabilitation Act.

Under current law, to provide these services, a person generally must either be (1) licensed by DPH or certified by the State Department of Education (SDE) and the services must be within the scope of the license or certificate or (2) board certified as a behavior analyst or assistant behavior analyst. If the SDE commissioner determines that there are not enough such individuals as needed, current law allows her to authorize others with certain educational backgrounds to provide the services, under the supervision of a board-certified behavior analyst.

The bill eliminates these provisions and instead requires individuals providing behavior analysis to students with autism to either be licensed or exempt from licensure as specified above (see § 2).

COMMITTEE ACTION

Public Health Committee

Joint Favorable

Yea

26

Nay

0

(03/22/2017)

Appropriations Committee

Joint Favorable

Yea

47

Nay

0

(05/12/2017)

TOP

1 The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller. The estimated active employee fringe benefit cost associated with most personnel changes is 38.08% of payroll in FY 18 and FY 19.