Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1212
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/25/2014 12:08 PM       .                                

       Senator Bean moved the following:
    1         Senate Amendment 
    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