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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 361                                                                                                         
01 Relating to licensing of behavior analysts.                                                                             
02                           _______________                                                                               
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 08.15.050, 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.                                                                                                          
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