THE SENATE	S.B. NO.	739
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to behavior analysis services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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 a board certification [as an assistant behavior analyst by] from a nationally certified agency, such as 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] certified agency under the direction of a behavior analyst licensed in this State;

     (3)  An individual who directly implements applied behavior analysis services under the supervision of a licensed professional within the scope and competency of that licensure and:

         (A)  Is credentialed [as a registered behavior technician] by the Behavior Analyst Certification Board, Behavioral Intervention Certification Council, or Qualified Applied Behavior Analysis credentialing board, and is under the direction of a [behavior analyst] professional licensed in this State[;

(B) Is a direct support worker who provides autism treatment services pursuant to an individualized education plan on or before January 1, 2019; [or]] and acting within the scope of that licensure; or

     [[(C)]]  (B)  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 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2017.

INTRODUCED BY:

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Report Title:

Behavior Analysts; Licensure; Certification

Description:

Expands treatment capacity of behavior analysis services by allowing individuals with certain certification and under supervision conditions to implement behavior analysis services.

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