Florida Senate - 2020 CS for SB 1206
By the Committee on Health Policy; and Senator Harrell
588-03101-20 20201206c1
1 A bill to be entitled
2 An act relating to applied behavior analysis services;
3 amending s. 393.17, F.S.; authorizing the Agency for
4 Persons with Disabilities to establish a certification
5 process for registered behavior technicians; requiring
6 the agency to recognize the certification of
7 registered behavior technicians awarded by a nonprofit
8 corporation that meets specified requirements;
9 amending s. 400.9905, F.S.; providing an exemption
10 from licensure requirements for certain individuals
11 who are employed or under contract with certain
12 entities providing applied behavior analysis services;
13 amending s. 1003.572, F.S.; revising the definition of
14 the term “private instructional personnel” to include
15 certain registered behavior technicians; amending ss.
16 456.47, 627.6686, and 641.31098, F.S.; conforming
17 provisions to changes made by the act; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 393.17, Florida Statutes, is amended to
23 read:
24 393.17 Behavioral programs; certification of behavior
25 analysts and registered behavior technicians.—
26 (1) The agency may establish a certification process for
27 behavior analysts and registered behavior technicians in order
28 to ensure that only qualified employees and service providers
29 provide behavioral analysis services to clients. The procedures
30 must be established by rule and, for behavior analysts, must
31 include criteria for scope of practice, qualifications for
32 certification, including training and testing requirements,
33 continuing education requirements for ongoing certification, and
34 standards of performance. The procedures must also include
35 decertification procedures that may be used to determine whether
36 an individual continues to meet the qualifications for
37 certification or the professional performance standards and, if
38 not, the procedures necessary to decertify an employee or
39 service provider.
40 (2) The agency shall recognize the certification of
41 behavior analysts and registered behavior technicians awarded by
42 a nonprofit corporation that adheres to the national standards
43 of boards that determine professional credentials and whose
44 mission is to meet professional credentialing needs identified
45 by behavior analysts, state governments, and consumers of
46 behavior analysis services. The certification procedure
47 recognized by the agency must undergo regular psychometric
48 review and validation, pursuant to a job analysis survey of the
49 profession and standards established by content experts in the
50 field.
51 Section 2. Paragraph (o) is added to subsection (4) of
52 section 400.9905, Florida Statutes, to read:
53 400.9905 Definitions.—
54 (4) “Clinic” means an entity where health care services are
55 provided to individuals and which tenders charges for
56 reimbursement for such services, including a mobile clinic and a
57 portable equipment provider. As used in this part, the term does
58 not include and the licensure requirements of this part do not
59 apply to:
60 (o) A group of individuals certified as behavior analysts
61 under s. 393.17, or licensed under chapter 490 or chapter 491,
62 and who are employed by or under contract with a group practice,
63 a billing provider, or an agency that provides applied behavior
64 analysis services as defined in ss. 627.6686 and 641.31098.
65
66 Notwithstanding this subsection, an entity shall be deemed a
67 clinic and must be licensed under this part in order to receive
68 reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
69 627.730-627.7405, unless exempted under s. 627.736(5)(h).
70 Section 3. Present paragraphs (b) through (f) of subsection
71 (1) of section 1003.572, Florida Statutes, are redesignated as
72 paragraphs (c) through (g), respectively, a new paragraph (b) is
73 added to that subsection, and paragraph (a) of that subsection
74 is republished, to read:
75 1003.572 Collaboration of public and private instructional
76 personnel.—
77 (1) As used in this section, the term “private
78 instructional personnel” means:
79 (a) Individuals certified under s. 393.17 or licensed under
80 chapter 490 or chapter 491 for applied behavior analysis
81 services as defined in ss. 627.6686 and 641.31098.
82 (b) Registered behavior technicians certified under s.
83 393.17 who practice under the supervision of a professional
84 authorized under paragraph (a) and who assist and support such
85 professional in providing applied behavior analysis services.
86 Section 4. Paragraph (b) of subsection (1) of section
87 456.47, Florida Statutes, is amended to read:
88 456.47 Use of telehealth to provide services.—
89 (1) DEFINITIONS.—As used in this section, the term:
90 (b) “Telehealth provider” means any individual who provides
91 health care and related services using telehealth and who is
92 licensed or certified under s. 393.17 as a behavior analyst;
93 part III of chapter 401; chapter 457; chapter 458; chapter 459;
94 chapter 460; chapter 461; chapter 463; chapter 464; chapter 465;
95 chapter 466; chapter 467; part I, part III, part IV, part V,
96 part X, part XIII, or part XIV of chapter 468; chapter 478;
97 chapter 480; part II or part III of chapter 483; chapter 484;
98 chapter 486; chapter 490; or chapter 491; who is licensed under
99 a multistate health care licensure compact of which Florida is a
100 member state; or who is registered under and complies with
101 subsection (4).
102 Section 5. Paragraph (b) of subsection (3) of section
103 627.6686, Florida Statutes, is amended to read:
104 627.6686 Coverage for individuals with autism spectrum
105 disorder required; exception.—
106 (3) A health insurance plan issued or renewed on or after
107 April 1, 2009, shall provide coverage to an eligible individual
108 for:
109 (b) Treatment of autism spectrum disorder and Down syndrome
110 through speech therapy, occupational therapy, physical therapy,
111 and applied behavior analysis. Applied behavior analysis
112 services shall be provided by an individual certified as a
113 behavior analyst pursuant to s. 393.17 or an individual licensed
114 under chapter 490 or chapter 491.
115 Section 6. Paragraph (b) of subsection (3) of section
116 641.31098, Florida Statutes, is amended to read:
117 641.31098 Coverage for individuals with developmental
118 disabilities.—
119 (3) A health maintenance contract issued or renewed on or
120 after April 1, 2009, shall provide coverage to an eligible
121 individual for:
122 (b) Treatment of autism spectrum disorder and Down
123 syndrome, through speech therapy, occupational therapy, physical
124 therapy, and applied behavior analysis services. Applied
125 behavior analysis services shall be provided by an individual
126 certified as a behavior analyst pursuant to s. 393.17 or an
127 individual licensed under chapter 490 or chapter 491.
128 Section 7. This act shall take effect July 1, 2020.