Florida Senate - 2020                                    SB 1206
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01641-20                                           20201206__
    1                        A bill to be entitled                      
    2         An act relating to applied behavior analysis services;
    3         amending s. 400.9905, F.S.; providing an exemption
    4         from licensure requirements for certain individuals
    5         who are employed or under contract with certain
    6         entities providing applied behavior analysis services;
    7         amending s. 1003.572, F.S.; redefining the term
    8         “private instructional personnel” to include certain
    9         behavior analysts and paraprofessionals providing
   10         applied behavior analysis services; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (o) is added to subsection (4) of
   16  section 400.9905, Florida Statutes, to read:
   17         400.9905 Definitions.—
   18         (4) “Clinic” means an entity where health care services are
   19  provided to individuals and which tenders charges for
   20  reimbursement for such services, including a mobile clinic and a
   21  portable equipment provider. As used in this part, the term does
   22  not include and the licensure requirements of this part do not
   23  apply to:
   24         (o) A group of individuals certified under s. 393.17 or
   25  licensed under chapter 490 or chapter 491, and who are employed
   26  by or under contract with a group practice, billing provider, or
   27  agency that provides applied behavior analysis services as
   28  defined in ss. 627.6686 and 641.31098.
   29  
   30  Notwithstanding this subsection, an entity shall be deemed a
   31  clinic and must be licensed under this part in order to receive
   32  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
   33  627.730-627.7405, unless exempted under s. 627.736(5)(h).
   34         Section 2. Present paragraphs (b) through (f) of subsection
   35  (1) of section 1003.572, Florida Statutes, are redesignated as
   36  paragraphs (c) through (g), respectively, a new paragraph (b) is
   37  added to that subsection, and paragraph (a) of that subsection
   38  is amended, to read:
   39         1003.572 Collaboration of public and private instructional
   40  personnel.—
   41         (1) As used in this section, the term “private
   42  instructional personnel” means:
   43         (a) Individuals certified under s. 393.17 or licensed under
   44  chapter 490 or chapter 491, or behavior analysts certified by a
   45  nonprofit credentialing entity approved by the department, for
   46  applied behavior analysis services as defined in ss. 627.6686
   47  and 641.31098.
   48         (b) Paraprofessionals who practice under the supervision of
   49  a professional authorized under paragraph (a) and who assist and
   50  support such professional in providing applied behavior analysis
   51  services.
   52         Section 3. This act shall take effect July 1, 2020.