Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1206
Ì455434)Î455434
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
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The Committee on Health Policy (Harrell) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 393.17, Florida Statutes, is amended to
6 read:
7 393.17 Behavioral programs; certification of behavior
8 analysts and registered behavior technicians.—
9 (1) The agency may establish a certification process for
10 behavior analysts and registered behavior technicians in order
11 to ensure that only qualified employees and service providers
12 provide behavioral analysis services to clients. The procedures
13 must be established by rule and, for behavior analysts, must
14 include criteria for scope of practice, qualifications for
15 certification, including training and testing requirements,
16 continuing education requirements for ongoing certification, and
17 standards of performance. The procedures must also include
18 decertification procedures that may be used to determine whether
19 an individual continues to meet the qualifications for
20 certification or the professional performance standards and, if
21 not, the procedures necessary to decertify an employee or
22 service provider.
23 (2) The agency shall recognize the certification of
24 behavior analysts and registered behavior technicians awarded by
25 a nonprofit corporation that adheres to the national standards
26 of boards that determine professional credentials and whose
27 mission is to meet professional credentialing needs identified
28 by behavior analysts, state governments, and consumers of
29 behavior analysis services. The certification procedure
30 recognized by the agency must undergo regular psychometric
31 review and validation, pursuant to a job analysis survey of the
32 profession and standards established by content experts in the
33 field.
34 Section 2. Paragraph (o) is added to subsection (4) of
35 section 400.9905, Florida Statutes, to read:
36 400.9905 Definitions.—
37 (4) “Clinic” means an entity where health care services are
38 provided to individuals and which tenders charges for
39 reimbursement for such services, including a mobile clinic and a
40 portable equipment provider. As used in this part, the term does
41 not include and the licensure requirements of this part do not
42 apply to:
43 (o) A group of individuals certified as behavior analysts
44 under s. 393.17, or licensed under chapter 490 or chapter 491,
45 and who are employed by or under contract with a group practice,
46 a billing provider, or an agency that provides applied behavior
47 analysis services as defined in ss. 627.6686 and 641.31098.
48
49 Notwithstanding this subsection, an entity shall be deemed a
50 clinic and must be licensed under this part in order to receive
51 reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
52 627.730-627.7405, unless exempted under s. 627.736(5)(h).
53 Section 3. Present paragraphs (b) through (f) of subsection
54 (1) of section 1003.572, Florida Statutes, are redesignated as
55 paragraphs (c) through (g), respectively, a new paragraph (b) is
56 added to that subsection, and paragraph (a) of that subsection
57 is republished, to read:
58 1003.572 Collaboration of public and private instructional
59 personnel.—
60 (1) As used in this section, the term “private
61 instructional personnel” means:
62 (a) Individuals certified under s. 393.17 or licensed under
63 chapter 490 or chapter 491 for applied behavior analysis
64 services as defined in ss. 627.6686 and 641.31098.
65 (b) Registered behavior technicians certified under s.
66 393.17 who practice under the supervision of a professional
67 authorized under paragraph (a) and who assist and support such
68 professional in providing applied behavior analysis services.
69 Section 4. Paragraph (b) of subsection (1) of section
70 456.47, Florida Statutes, is amended to read:
71 456.47 Use of telehealth to provide services.—
72 (1) DEFINITIONS.—As used in this section, the term:
73 (b) “Telehealth provider” means any individual who provides
74 health care and related services using telehealth and who is
75 licensed or certified under s. 393.17 as a behavior analyst;
76 part III of chapter 401; chapter 457; chapter 458; chapter 459;
77 chapter 460; chapter 461; chapter 463; chapter 464; chapter 465;
78 chapter 466; chapter 467; part I, part III, part IV, part V,
79 part X, part XIII, or part XIV of chapter 468; chapter 478;
80 chapter 480; part II or part III of chapter 483; chapter 484;
81 chapter 486; chapter 490; or chapter 491; who is licensed under
82 a multistate health care licensure compact of which Florida is a
83 member state; or who is registered under and complies with
84 subsection (4).
85 Section 5. Paragraph (b) of subsection (3) of section
86 627.6686, Florida Statutes, is amended to read:
87 627.6686 Coverage for individuals with autism spectrum
88 disorder required; exception.—
89 (3) A health insurance plan issued or renewed on or after
90 April 1, 2009, shall provide coverage to an eligible individual
91 for:
92 (b) Treatment of autism spectrum disorder and Down syndrome
93 through speech therapy, occupational therapy, physical therapy,
94 and applied behavior analysis. Applied behavior analysis
95 services shall be provided by an individual certified as a
96 behavior analyst pursuant to s. 393.17 or an individual licensed
97 under chapter 490 or chapter 491.
98 Section 6. Paragraph (b) of subsection (3) of section
99 641.31098, Florida Statutes, is amended to read:
100 641.31098 Coverage for individuals with developmental
101 disabilities.—
102 (3) A health maintenance contract issued or renewed on or
103 after April 1, 2009, shall provide coverage to an eligible
104 individual for:
105 (b) Treatment of autism spectrum disorder and Down
106 syndrome, through speech therapy, occupational therapy, physical
107 therapy, and applied behavior analysis services. Applied
108 behavior analysis services shall be provided by an individual
109 certified as a behavior analyst pursuant to s. 393.17 or an
110 individual licensed under chapter 490 or chapter 491.
111 Section 7. This act shall take effect July 1, 2020.
112
113 ================= T I T L E A M E N D M E N T ================
114 And the title is amended as follows:
115 Delete everything before the enacting clause
116 and insert:
117 A bill to be entitled
118 An act relating to applied behavior analysis services;
119 amending s. 393.17, F.S.; authorizing the Agency for
120 Persons with Disabilities to establish a certification
121 process for registered behavior technicians; requiring
122 the agency to recognize the certification of
123 registered behavior technicians awarded by a nonprofit
124 corporation that meets specified requirements;
125 amending s. 400.9905, F.S.; providing an exemption
126 from licensure requirements for certain individuals
127 who are employed or under contract with certain
128 entities providing applied behavior analysis services;
129 amending s. 1003.572, F.S.; revising the definition of
130 the term “private instructional personnel” to include
131 certain registered behavior technicians; amending ss.
132 456.47, 627.6686, and 641.31098, F.S.; conforming
133 provisions to changes made by the act; providing an
134 effective date.