Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1212
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Chapter 470, Florida Statutes, is created and
    6  entitled “Behavior Analysts.”
    7         Section 2. Section 470.40, Florida Statutes, is created to
    8  read:
    9         470.40 Purpose.—The practice of applied behavior analysis
   10  in this state affects the public health, safety, and welfare of
   11  its residents, and this act is intended to protect the public
   12  from any harmful conduct of unqualified, unprofessional, or
   13  unethical applied behavior analysts.
   14         Section 3. Section 470.41, Florida Statutes, is created to
   15  read:
   16         470.41 Definitions.—As used in this chapter, the term:
   17         (1) “Applied behavior analysis” means the design,
   18  implementation, and evaluation of instructional and
   19  environmental modifications to produce socially significant
   20  improvements in human behavior and includes functional
   21  assessment and analysis. The term does not include psychological
   22  testing, the diagnosis of a mental or physical disorder,
   23  neuropsychology, psychotherapy, cognitive therapy, sex therapy,
   24  psychoanalysis, hypnotherapy, or long-term counseling.
   25         (2) “Board” means the Board of Applied Behavior Analysis
   26  established in s. 470.415, except when the term is used in the
   27  context of board certification.
   28         (3) “Board-certified behavior analyst” means a practitioner
   29  who is certified as a Board Certified Behavior Analyst, or is
   30  recognized as a “Florida-certified behavior analyst,” by the
   31  national Behavior Analyst Certification Board (BACB), or its
   32  successor pursuant to s. 470.42.
   33         (4) “Board-certified assistant behavior analyst” means a
   34  practitioner who is certified by the national Behavior Analyst
   35  Certification Board, or its successor pursuant to s. 470.42, as
   36  a Board Certified Assistant Behavior Analyst.
   37         (5) “Department” means the Department of Health.
   38         (6) “Licensed behavior analyst” means an individual who is
   39  licensed by the board and meets the requirements of this
   40  chapter.
   41         (7) “Licensed assistant behavior analyst” means an
   42  individual who:
   43         (a) Is licensed by the board as an assistant behavior
   44  analyst and meets the requirements of this chapter; and
   45         (b) Works under the supervision of a licensed behavior
   46  analyst.
   47         (8) “Supervised experience” means an individual has
   48  completed the training necessary to satisfy the eligibility
   49  requirements for BACB certification.
   50         Section 4. Section 470.415, Florida Statutes, is created to
   51  read:
   52         470.415 Board of Applied Behavior Analysis.—
   53         (1) The Board of Applied Behavior Analysis is created
   54  within the department. The board consists of seven members who
   55  must be appointed by the Governor and confirmed by the Senate.
   56         (2) The initial board members, who are not required to be
   57  licensed as a condition of appointment, shall be appointed as
   58  follows:
   59         (a) Three board-certified behavior analysts, which may
   60  include board-certified behavior analysts who are at the
   61  doctoral level, two of whom shall be selected from a list of six
   62  nominations submitted by the Florida Association for Behavior
   63  Analysis. One shall be appointed to a 1-year term, and two shall
   64  be appointed to 3-year terms;
   65         (b) One board-certified assistant behavior analyst, who
   66  shall be appointed to a 1-year term;
   67         (c) One health care practitioner licensed in this state,
   68  who shall be appointed to a 2-year term. The majority of the
   69  appointed health care practitioner’s practice must be related to
   70  the treatment of behavior disorders, including, but not limited
   71  to, autism spectrum disorders; and
   72         (d) Two laypersons, who may include a parent or guardian of
   73  an individual who is a recipient of applied behavior analysis
   74  services, one of whom shall serve a 1-year term, and one of whom
   75  shall serve a 2-year term.
   76         (3) As the terms of the initial members expire, the
   77  Governor shall appoint successors for 4-year terms. Each
   78  successor, except for the laypersons, must be licensed. A member
   79  may not serve more than two consecutive terms.
   80         Section 5. Section 470.42, Florida Statutes, is created to
   81  read:
   82         470.42 Authority of the board; board duties; authority of
   83  the department.—
   84         (1) The board may adopt rules pursuant to ss. 120.536(1)
   85  and 120.54 to implement the provisions of this chapter
   86  conferring duties upon it. Such rules must include, but are not
   87  limited to, rules relating to all of the following:
   88         (a) Standards of practice for licensed behavior analysts
   89  and licensed assistant behavior analysts.
   90         (b) Supervision of licensed assistant behavior analysts or
   91  students in training to be licensed behavior analysts, including
   92  the number of persons that a licensed behavior analyst or
   93  licensed assistant behavior analyst may supervise at one time.
   94         (2) If the Behavior Analyst Certification Board stops
   95  certifying practitioners of applied behavior analysis in this
   96  state, the board shall approve a successor certification board
   97  that is accredited by the National Commission for Certifying
   98  Agencies or the American National Standards Institute to certify
   99  applied behavior analysts.
  100         (3) The department may adopt rules pursuant to ss.
  101  120.536(1) and 120.54 to implement the provisions of this
  102  chapter conferring duties upon it. Such rules must include, but
  103  are not limited to, rules relating to all of the following:
  104         (a) Licensure and licensure renewal applications and
  105  processes, including licensure fees.
  106         (b) Educational qualifications for licensure.
  107         (c) Continuing education requirements for biennial renewal
  108  of licensure not to exceed 30 hours biennially as a condition
  109  for renewal of a license.
  110         Section 6. Section 470.43, Florida Statutes, is created to
  111  read:
  112         470.43 Licensure and renewal.—
  113         (1) A person applying for an initial or renewal license as
  114  a licensed behavior analyst or licensed assistant behavior
  115  analyst shall apply to the department on such form and in such
  116  manner as the department prescribes. The person shall furnish
  117  evidence to the department that he or she:
  118         (a) Is a board-certified behavior analyst;
  119         (b) Has paid the licensure fee or the biennial renewal fee;
  120  and
  121         (c) Has passed a criminal background check after submitting
  122  fingerprints and a fee pursuant to s. 456.0135.
  123         (2) A person applying for an initial or renewal license as
  124  an assistant behavior analyst shall apply to the department upon
  125  such form and in such manner as the department prescribes and
  126  shall furnish evidence to the department that such person:
  127         (a) Is a board-certified assistant behavior analyst;
  128         (b) Is supervised by a licensed behavior analyst in a
  129  manner consistent with BACB requirements and this chapter;
  130         (c) Has paid the licensure fee or the biennial renewal fee;
  131  and
  132         (d) Has passed a criminal background check after submitting
  133  fingerprints and a fee pursuant to s. 456.0135.
  134         (3) The board may issue a license to a person who holds an
  135  active license as a behavior analyst or assistant behavior
  136  analyst in another state if the person:
  137         (a) Submits proof of licensure and board certification;
  138         (b) Passes a criminal background check after submitting
  139  fingerprints and a fee pursuant to s. 456.0135; and
  140         (c) Pays the licensure fee.
  141         Section 7. Section 470.44, Florida Statutes, is created to
  142  read:
  143         470.44 Fees.—
  144         (1) The board shall establish by rule a fee not to exceed
  145  $100 for an application and a fee not to exceed $300 for an
  146  initial license or license renewal.
  147         (2) All moneys collected by the department under this
  148  chapter shall be deposited as provided under s. 456.025.
  149         Section 8. Section 470.45, Florida Statutes, is created to
  150  read:
  151         470.45 Disciplinary grounds and actions.—The board may
  152  enter an order imposing any of the penalties provided under s.
  153  456.072(2) against a licensee who violates any provision of s.
  154  456.072(1).
  155         Section 9. Section 470.46, Florida Statutes, is created to
  156  read:
  157         470.46 Violations and penalties.—
  158         (1) Unless licensed or authorized under this chapter, a
  159  person who engages in the practice of applied behavior analysis,
  160  assists in the practice of applied behavior analysis, renders
  161  services designated as applied behavior analysis, or represents
  162  himself or herself as a practitioner of applied behavior
  163  analysis in this state commits a felony of the third degree,
  164  punishable as provided under s. 775.082, s. 775.083, or s.
  165  775.084.
  166         (2) Unless licensed or authorized under this chapter, a
  167  person who uses the title “licensed behavior analyst,” “licensed
  168  assistant behavior analyst,” or any other title that is
  169  substantially similar commits a misdemeanor of the second
  170  degree, punishable as provided in s. 775.082 or s. 775.083.
  171         Section 10. Section 470.47, Florida Statutes, is created to
  172  read:
  173         470.47 Exceptions to applicability.—This chapter does not
  174  prohibit or restrict the practice of the following:
  175         (1) An individual licensed under chapter 490 to practice
  176  psychology.
  177         (2) A certified teacher authorized to practice in this
  178  state who is not a behavior analyst if he or she does not
  179  represent himself or herself as a behavior analyst. The services
  180  provided by a certified teacher must be within his or her
  181  authorized scope of practice and within the scope of his or her
  182  education, training, and experience and must be provided in the
  183  course of his or her employment in a program approved by the
  184  Department of Education. Teaching assistants, other than those
  185  engaged in pupil personnel services, and student support
  186  professionals are exempt from the requirements of this chapter
  187  if they provide applied behavior analysis services under the
  188  supervision of a certified teacher who meets the requirements of
  189  this paragraph.
  190         (3) A behavior analyst who practices with nonhuman clients,
  191  including, but not limited to, applied animal behaviorists and
  192  animal trainers.
  193         (4) An individual who teaches applied behavior analysis or
  194  who conducts behavior analytic research if such teaching or
  195  research does not involve the delivery of applied behavior
  196  analysis.
  197         (5) A matriculated college or university student or
  198  postdoctoral fellow whose activities are part of a defined
  199  behavior analysis program of study, practicum, or intensive
  200  practicum if his or her practice under this subsection is
  201  directly supervised by a licensed behavior analyst or an
  202  instructor of an accredited course sequence approved by the
  203  Behavior Analyst Certification Board (BACB). A student or intern
  204  may not represent himself or herself as a professional behavior
  205  analyst but may use a title indicating his or her trainee
  206  status, such as “behavior analyst student,” “behavior analyst
  207  intern,” or “behavior analyst trainee.”
  208         (6) An unlicensed individual pursuing supervised
  209  experiential training to meet eligibility requirements for BACB
  210  certification if such training is supervised by an individual
  211  who is licensed to practice applied behavior analysis and who
  212  meets BACB supervisor requirements and if the supervised
  213  experiential training is conducted in accordance with other BACB
  214  standards and requirements.
  215         (7) A board-certified behavior analyst, a doctoral level
  216  board-certified behavior analyst, or an individual licensed to
  217  practice applied behavior analysis in another state who resides
  218  in another state and provides applied behavior analysis in this
  219  state or to a resident of this state for less than 12 days per
  220  year.
  221         (8) A family member of a recipient of applied behavior
  222  analysis services who implements certain procedures with the
  223  recipient. Such a family member may not represent himself or
  224  herself as a professional behavior analyst.
  225         (9) A behavior analyst who provides general behavior
  226  analysis services to organizations if the services are for the
  227  benefit of the organizations and do not involve direct services
  228  to individuals.
  229         (10) A physician licensed pursuant to chapter 458 or
  230  chapter 459.
  231         (11) An occupational therapist licensed pursuant to chapter
  232  468 if he or she does not represent himself or herself as a
  233  behavior analyst.
  234         (12) An individual licensed pursuant to chapter 491 as a
  235  clinical social worker, marriage and family therapist, or mental
  236  health counselor.
  237         (13) A salaried employee of a private, nonprofit
  238  organization providing behavior analysis services to children,
  239  youth, and families if the services are provided for no charge,
  240  the employee is performing duties for which he or she was
  241  trained and hired, and the employee does not represent himself
  242  or herself as a professional behavior analyst.
  243         (14) A school psychologist certified in school psychology
  244  by the Department of Education who performs behavior analysis
  245  services as an employee of a public or private educational
  246  institution. Such exemption does not authorize unlicensed
  247  practice that is not performed directly as an employee of an
  248  educational institution.
  249         (15) A rabbi, priest, minister, or member of the clergy of
  250  a religious denomination or sect if engaging in activities that
  251  are within the scope of the performance of his or her regular or
  252  specialized ministerial duties and for which no separate fee is
  253  charged, or if such activities are performed, with or without a
  254  fee, for or under the auspices or sponsorship, individually or
  255  in conjunction with others, of an established and legally
  256  cognizable church, denomination, or sect; and if the person
  257  rendering service remains accountable to the established
  258  authority thereof.
  259         Section 11. Paragraph (g) of subsection (3) of section
  260  20.43, Florida Statutes, is amended to read:
  261         20.43 Department of Health.—There is created a Department
  262  of Health.
  263         (3) The following divisions of the Department of Health are
  264  established:
  265         (g) Division of Medical Quality Assurance, which is
  266  responsible for the following boards and professions established
  267  within the division:
  268         1. The Board of Acupuncture, created under chapter 457.
  269         2. The Board of Medicine, created under chapter 458.
  270         3. The Board of Osteopathic Medicine, created under chapter
  271  459.
  272         4. The Board of Chiropractic Medicine, created under
  273  chapter 460.
  274         5. The Board of Podiatric Medicine, created under chapter
  275  461.
  276         6. Naturopathy, as provided under chapter 462.
  277         7. The Board of Optometry, created under chapter 463.
  278         8. The Board of Nursing, created under part I of chapter
  279  464.
  280         9. Nursing assistants, as provided under part II of chapter
  281  464.
  282         10. The Board of Pharmacy, created under chapter 465.
  283         11. The Board of Dentistry, created under chapter 466.
  284         12. Midwifery, as provided under chapter 467.
  285         13. The Board of Speech-Language Pathology and Audiology,
  286  created under part I of chapter 468.
  287         14. The Board of Nursing Home Administrators, created under
  288  part II of chapter 468.
  289         15. The Board of Occupational Therapy, created under part
  290  III of chapter 468.
  291         16. Respiratory therapy, as provided under part V of
  292  chapter 468.
  293         17. Dietetics and nutrition practice, as provided under
  294  part X of chapter 468.
  295         18. The Board of Athletic Training, created under part XIII
  296  of chapter 468.
  297         19. The Board of Orthotists and Prosthetists, created under
  298  part XIV of chapter 468.
  299         20. The Board of Applied Behavior Analysis, created under
  300  chapter 470.
  301         21.20. Electrolysis, as provided under chapter 478.
  302         22.21. The Board of Massage Therapy, created under chapter
  303  480.
  304         23.22. The Board of Clinical Laboratory Personnel, created
  305  under part III of chapter 483.
  306         24.23. Medical physicists, as provided under part IV of
  307  chapter 483.
  308         25.24. The Board of Opticianry, created under part I of
  309  chapter 484.
  310         26.25. The Board of Hearing Aid Specialists, created under
  311  part II of chapter 484.
  312         27.26. The Board of Physical Therapy Practice, created
  313  under chapter 486.
  314         28.27. The Board of Psychology, created under chapter 490.
  315         29.28. School psychologists, as provided under chapter 490.
  316         30.29. The Board of Clinical Social Work, Marriage and
  317  Family Therapy, and Mental Health Counseling, created under
  318  chapter 491.
  319         31.30. Emergency medical technicians and paramedics, as
  320  provided under part III of chapter 401.
  321         Section 12. Subsection (4) of section 456.001, Florida
  322  Statutes, is amended to read:
  323         456.001 Definitions.—As used in this chapter, the term:
  324         (4) “Health care practitioner” means any person licensed
  325  under chapter 457; chapter 458; chapter 459; chapter 460;
  326  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
  327  chapter 466; chapter 467; part I, part II, part III, part V,
  328  part X, part XIII, or part XIV of chapter 468; chapter 470;
  329  chapter 478; chapter 480; part III or part IV of chapter 483;
  330  chapter 484; chapter 486; chapter 490; or chapter 491.
  331         Section 13. Section 456.0135, Florida Statutes, is amended
  332  to read:
  333         456.0135 General background screening provisions.—
  334         (1) An application for initial licensure received on or
  335  after January 1, 2013, under chapter 458, chapter 459, chapter
  336  460, chapter 461, chapter 464, or s. 465.022, or chapter 470
  337  shall include fingerprints pursuant to procedures established by
  338  the department through a vendor approved by the Department of
  339  Law Enforcement and fees imposed for the initial screening and
  340  retention of fingerprints. Fingerprints must be submitted
  341  electronically to the Department of Law Enforcement for state
  342  processing, and the Department of Law Enforcement shall forward
  343  the fingerprints to the Federal Bureau of Investigation for
  344  national processing. Each board, or the department if there is
  345  no board, shall screen the results to determine if an applicant
  346  meets licensure requirements. For any subsequent renewal of the
  347  applicant’s license that requires a national criminal history
  348  check, the department shall request the Department of Law
  349  Enforcement to forward the retained fingerprints of the
  350  applicant to the Federal Bureau of Investigation.
  351         (2) All fingerprints submitted to the Department of Law
  352  Enforcement as required under subsection (1) shall be retained
  353  by the Department of Law Enforcement as provided under s.
  354  943.05(2)(g) and (h) and (3). The department shall notify the
  355  Department of Law Enforcement regarding any person whose
  356  fingerprints have been retained but who is no longer licensed.
  357         (3) The costs of fingerprint processing, including the cost
  358  for retaining fingerprints, shall be borne by the applicant
  359  subject to the background screening.
  360         Section 14. This act shall take effect January 1, 2015.
  362  ================= T I T L E  A M E N D M E N T ================
  363  And the title is amended as follows:
  364         Delete everything before the enacting clause
  365  and insert:
  366                        A bill to be entitled                      
  367         An act relating to behavior analysts; creating ch.
  368         470, F.S.; entitling the chapter; creating s. 470.40,
  369         F.S.; providing a purpose; creating s. 470.41, F.S.;
  370         defining terms; creating s. 470.415, F.S.; creating
  371         the Board of Applied Behavior Analysis; creating s.
  372         470.42, F.S.; specifying the authority and duties of
  373         the board; creating s. 470.43, F.S.; providing
  374         requirements for licensure and renewal; creating s.
  375         470.44, F.S.; establishing maximum fees for
  376         applications, initial licenses, and license renewals;
  377         providing for the deposit of funds; creating s.
  378         470.45, F.S.; providing grounds for disciplinary
  379         action by the board; creating s. 470.46, F.S.;
  380         providing penalties for practicing applied behavior
  381         analysis without a license or wrongfully identifying
  382         oneself as a licensed behavior analyst; creating s.
  383         470.47, F.S.; providing exceptions to applicability of
  384         the chapter; amending s. 20.43, F.S.; making the
  385         Division of Medical Quality Assurance within the
  386         Department of Health responsible for the board;
  387         amending s. 456.001, F.S.; including licensed behavior
  388         analysts and licensed assistant behavior analysts in
  389         the definition of “health care practitioner”; amending
  390         s. 456.0135, F.S.; requiring an applicant for
  391         licensure under ch. 470, F.S., to submit to certain
  392         fingerprinting requirements; providing an effective
  393         date.