Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for CS for SB 1212 Ì7854447Î785444 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/25/2014 12:08 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bean moved the following: 1 Senate Amendment 2 3 Delete lines 406 - 483 4 and insert: 5 (1) A person may not engage in the practice of applied 6 behavior analysis, assist in the practice of applied behavior 7 analysis, render services designated as applied behavior 8 analysis, or represent himself or herself as a practitioner of 9 applied behavior analysis in this state unless he or she holds 10 an active license as a behavior analyst or assistant behavior 11 analyst pursuant to this chapter or meets an exception under s. 12 470.48. A person who violates this subsection commits a felony 13 of the third degree, punishable as provided under s. 775.082, s. 14 775.083, or s. 775.084. 15 (2) A person may not use the following titles or any 16 combination thereof, unless he or she holds an active license as 17 a behavior analyst or assistant behavior analyst pursuant to 18 this chapter: 19 (a) “Licensed behavior analyst.” 20 (b) “Licensed assistant behavior analyst.” 21 (3) A person who violates subsection (2) commits a 22 misdemeanor of the second degree, punishable as provided in s. 23 775.082 or s. 775.083. 24 Section 14. Section 470.48, Florida Statutes, is created to 25 read: 26 470.48 Exceptions to applicability.—This chapter does not 27 prohibit or restrict the practice of the following: 28 (1) An individual licensed pursuant to chapter 458 or 29 chapter 459. 30 (2) An individual licensed pursuant to part III of chapter 31 468 if the occupational therapist does not represent himself or 32 herself as a behavior analyst. 33 (3) An individual licensed under chapter 490 to practice 34 psychology. 35 (4) An individual licensed pursuant to chapter 491 as a 36 clinical social worker, marriage and family therapist, or mental 37 health counselor. 38 (5) A certified teacher authorized to practice in this 39 state; or a teaching assistant, other than a teaching assistant 40 engaged in pupil personnel services, or student support 41 professional who provides applied behavior analysis services 42 under the supervision of a certified teacher. The services 43 provided by or under the supervision of a certified teacher must 44 be within his or her authorized scope of practice and within the 45 scope of his or her education, training, and experience and must 46 be provided in the course of his or her employment in a program 47 approved by the Department of Education. 48 (6) A behavior analyst who practices with nonhuman clients, 49 including, but not limited to, applied animal behaviorists and 50 animal trainers. 51 (7) An individual who teaches applied behavior analysis or 52 who conducts behavior analytic research if such teaching or 53 research does not involve the delivery of applied behavior 54 analysis. 55 (8) A matriculated college or university student or 56 postdoctoral fellow whose activities are part of a defined 57 behavior analysis program of study, practicum, or intensive 58 practicum if his or her practice under this subsection is 59 directly supervised by a licensed behavior analyst or an 60 instructor of course sequence approved by the Behavior Analyst 61 Certification Board (BACB). A student or intern may not 62 represent himself or herself as a professional behavior analyst 63 but may use a title indicating his or her trainee status, such 64 as “behavior analyst student,” “behavior analyst intern,” or 65 “behavior analyst trainee.” 66 (9) An unlicensed individual pursuing supervised 67 experiential training to meet eligibility requirements for BACB 68 certification if such training is supervised by a licensed 69 behavior analyst or a licensed assistant behavior analyst who 70 meets BACB supervisor requirements and if the supervised 71 experience is conducted in accordance with other BACB standards 72 and requirements. 73 (10) A family member of a recipient of applied behavior 74 analysis services who implements certain procedures with the 75 recipient. Such a family member may not represent himself or 76 herself as a licensed behavior analyst or a licensed assistant 77 behavior analyst. 78 (11) A behavior analyst who