HB 361: "An Act relating to licensing of behavior analysts."
00 HOUSE BILL NO. 361 01 "An Act relating to licensing of behavior analysts." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 04 (39) regulation of behavior analysts under AS 08.15. 05 * Sec. 2. AS 08.02.010(a) is amended to read: 06 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 07 language pathologist licensed under AS 08.11, a behavior analyst licensed under 08 AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 09 professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 10 or nutritionist licensed under AS 08.38, a marital and family therapist licensed under 11 AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife 12 certified under AS 08.65, a registered nurse under AS 08.68, an optometrist under 13 AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational 14 therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social 15 worker licensed under AS 08.95, shall use as professional identification appropriate
01 letters or a title after that person's name that represents the person's specific field of 02 practice. The letters or title shall appear on all signs, stationery, or other advertising in 03 which the person offers or displays personal professional services to the public. In 04 addition, a person engaged in the practice of medicine or osteopathy as defined in 05 AS 08.64.380, or a person engaged in any manner in the healing arts who diagnoses, 06 treats, tests, or counsels other persons in relation to human health or disease and uses 07 the letters "M.D." or the title "doctor" or "physician" or another title that tends to show 08 that the person is willing or qualified to diagnose, treat, test, or counsel another 09 person, shall clarify the letters or title by adding the appropriate specialist designation, 10 if any, such as "dermatologist,"[,] "radiologist,"[,] "audiologist,"[,] "naturopath,"[,] or 11 the like. 12 * Sec. 3. AS 08 is amended by adding a new chapter to read: 13 Chapter 15. Behavior Analysts. 14 Sec. 08.15.010. Practice of behavior analysis without license prohibited. (a) 15 A person may not practice behavior analysis in this state without a license. 16 (b) A person who practices behavior analysis in this state without a license is 17 guilty of a misdemeanor and upon conviction is punishable by a fine of not more than 18 $500, or by imprisonment for not more than six months, or by both. 19 Sec. 08.15.020. Qualifications for license. (a) The department shall issue a 20 license to practice behavior analysis to a person who 21 (1) applies to the department on a form provided by the department; 22 (2) pays the fees established by the department; 23 (3) has passed the Board Certified Behavior Analyst Examination 24 offered by the Behavior Analyst Certification Board, Inc., or another examination 25 approved by the department; 26 (4) is currently certified by the Behavior Analyst Certification Board, 27 Inc., or another certifying entity approved by the department; 28 (5) furnishes evidence satisfactory to the department that the person 29 has not engaged in conduct that is a ground for imposing disciplinary sanctions under 30 AS 08.15.060; and 31 (6) has been fingerprinted and has provided the fees required by the
01 Department of Public Safety under AS 12.62.160 for criminal justice information and 02 a national criminal history record check; the fingerprints and fees shall be forwarded 03 to the Department of Public Safety to obtain a report of criminal justice information 04 under AS 12.62 and a national criminal history record check under AS 12.62.400. 05 (b) The department shall issue a license to practice as an assistant behavior 06 analyst to a person who 07 (1) applies to the department on a form provided by the department; 08 (2) pays the fees established by the department; 09 (3) has passed the Board Certified Assistant Behavior Analyst 10 Examination offered by the Behavior Analyst Certification Board, Inc., or another 11 examination approved by the department; 12 (4) is currently certified by the Behavior Analyst Certification Board, 13 Inc., or another certifying entity approved by the department; 14 (5) furnishes evidence satisfactory to the department that the person 15 has not engaged in conduct that is a ground for imposing disciplinary sanctions under 16 AS 08.15.060; 17 (6) has been fingerprinted and has provided the fees required by the 18 Department of Public Safety under AS 12.62.160 for criminal justice information and 19 a national criminal history record check; the fingerprints and fees shall be forwarded 20 to the Department of Public Safety to obtain a report of criminal justice information 21 under AS 12.62 and a national criminal history record check under AS 12.62.400; and 22 (7) provides proof acceptable to the department that the person is 23 directly supervised by a licensed behavior analyst. 24 Sec. 08.15.030. Temporary license. The department may issue a temporary 25 license to practice behavior analysis in this state for 30 days or less in a calendar year 26 if the person is licensed to practice behavior analysis in another state whose 27 requirements to practice behavior analysis are substantially equivalent to the 28 requirements of AS 08.15.020. 29 Sec. 08.15.040. Renewal of license. The department may renew a license upon 30 proof of continued certification by the Behavior Analyst Certification Board, Inc., or 31 another certifying entity approved by the department.
01 Sec. 08.15.050. Grounds for suspension, revocation, or refusal to issue a 02 license. The department may, after a hearing, impose a disciplinary sanction on a 03 person licensed under this chapter when the department finds that the licensee 04 (1) secured a license through deceit, fraud, or intentional 05 misrepresentation; 06 (2) engaged in deceit, fraud, or intentional misrepresentation in the 07 course of providing professional services or engaging in professional activities; 08 (3) advertised professional services in a false or misleading manner; 09 (4) has been convicted of a felony or other crime that affects the 10 licensee's ability to continue to practice competently and safely; 11 (5) failed to comply with this chapter, with a regulation adopted under 12 this chapter, or with an order of the department; 13 (6) continued to practice after becoming unfit because of 14 (A) professional incompetence; 15 (B) addiction or severe dependency on alcohol or a drug that 16 impairs the licensee's ability to practice safely; 17 (C) physical or mental disability; 18 (7) engaged in lewd or immoral conduct in connection with the 19 delivery of professional service to patients. 20 Sec. 08.15.060. Disciplinary sanctions. (a) When the department finds that a 21 licensee is guilty of an offense under AS 08.45.060, the department may impose the 22 following sanctions singly or in combination: 23 (1) permanently revoke the license to practice; 24 (2) suspend the license for a determinate period of time; 25 (3) censure the licensee; 26 (4) issue a letter of reprimand to the licensee; 27 (5) place the licensee on probationary status and require the licensee to 28 (A) report regularly to the department on matters involving the 29 basis of probation; 30 (B) limit practice to those areas prescribed; 31 (C) continue professional education until a satisfactory degree
01 of skill has been reached in areas determined by the department to need 02 improvement; 03 (6) impose limitations or conditions on the practice of the licensee. 04 (b) The department may withdraw probationary status of a licensee if it finds 05 that the deficiencies that required the sanction have been remedied. 06 (c) The department may summarily suspend a license before final hearing or 07 during the appeals process if the department finds that the licensee poses a clear and 08 immediate danger to the public health and safety if the licensee continues to practice. 09 A licensee whose license is suspended under this section is entitled to a hearing 10 conducted by the office of administrative hearings not later than seven days after the 11 effective date of the order. The licensee may appeal the suspension after a hearing to a 12 court of competent jurisdiction. 13 Sec. 08.15.070. Exemptions. This chapter does not apply to 14 (1) a person licensed in this state performing behavior analysis within 15 the scope of practice for which the person's license was issued; 16 (2) a student or trainee who is enrolled in a behavior analysis program 17 approved by the department while performing duties under the program under the 18 direct supervision of a person licensed under this chapter; 19 (3) an individual who directly implements applied behavior analysis 20 services, or family member implementing a behavior analysis plan within the home, 21 who acts under the direction of a licensed behavior analyst or licensed assistant 22 behavior analyst; 23 (4) an applied animal behaviorist who practices exclusively with 24 nonhumans; 25 (5) a person who works in organizational behavior management; 26 (6) a person supervised by a licensed behavior analyst who is gaining 27 experience for certification by the Behavior Analyst Certification Board, Inc., or 28 another certifying entity approved by the department. 29 Sec. 08.15.080. Regulations. The department shall adopt regulations to 30 implement this chapter, including 31 (1) continuing education requirements; and
01 (2) standards for licensure by credentials. 02 Sec. 08.15.090. Definitions. In this chapter, 03 (1) "behavior analysis" means the design, implementation, and 04 evaluation of instructional and environmental modifications to produce socially 05 significant improvements in human behavior, the empirical identification of functional 06 relations between behavior and environmental factors, and the utilization of contextual 07 factors, motivating operations, antecedent stimuli, positive reinforcement, and other 08 consequences to help people develop new behaviors, increase or decrease existing 09 behaviors, and engage in behaviors under specific environmental conditions; 10 "behavior analysis" does not include psychological testing, diagnosis of a mental or 11 physical disorder, or the practice of neuropsychology, psychotherapy, cognitive 12 therapy, sex therapy, psychoanalysis, hypnotherapy, or long-term counseling; 13 (2) "department" means the Department of Commerce, Community, 14 and Economic Development. 15 * Sec. 4. AS 09.65.300(c)(1) is amended to read: 16 (1) "health care provider" means a state licensed physician, physician 17 assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered 18 nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath, 19 physical therapist, occupational therapist, marital and family therapist, psychologist, 20 psychological associate, behavior analyst, assistant behavior analyst, licensed 21 clinical social worker, or certified direct-entry midwife; 22 * Sec. 5. AS 47.17.290(14) is amended to read: 23 (14) "practitioner of the healing arts" includes chiropractors, mental 24 health counselors, social workers, dental hygienists, dentists, health aides, nurses, 25 nurse practitioners, certified nurse aides, occupational therapists, occupational therapy 26 assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy 27 assistants, physicians, physician's assistants, psychiatrists, psychologists, 28 psychological associates, audiologists and speech-language pathologists licensed 29 under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family 30 therapists licensed under AS 08.63, behavior analysts, assistant behavior analysts, 31 religious healing practitioners, acupuncturists, and surgeons;
01 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. The license requirement of AS 08.15.010, added by sec. 3 of this 04 Act, 05 (1) applies immediately to a person who has 06 (A) never practiced behavior analysis, as defined in AS 08.15.090, 07 added by sec. 3 of this Act, before the effective date of this Act; or 08 (B) practiced behavior analysis in the state, but does not meet the 09 requirements of (2) of this section; and 10 (2) does not apply until two years after the effective date of this Act to a 11 person who has been practicing behavior analysis in this state for at least three of the five 12 years immediately preceding the effective date of this Act, is certified by the Behavior 13 Analyst Certification Board, Inc., and is practicing behavior analysis within the scope of that 14 certification. 15 16