Bill > SB286

Introduced Session

Legislative Counsel's Digest: Existing law defines the term autism behavior interventionist to mean a person who is registered as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization, and provides behavioral therapy under the supervision of certain professionals. (NRS 641.0204) Sections 11.5, 48 and 77 of this bill: (1) replace that term with the term registered behavior technician ; and (2) require a behavior technician to be registered by the Division. Sections 11.7, 16, 20, 21 and 48 of this bill additionally provide for the certification of state certified behavior interventionists, who have the same practice authority as a registered behavior technician. Section 21 requires a state certified behavior interventionist to meet the qualifications prescribed by the Board of Applied Behavior Analysis created by section 13.3 of this bill. Such qualifications must be no less stringent than the requirements for registration as a Registered Behavior Technician or an equivalent credential by the Behavior Analyst Certification Board, Inc., or its successor organization. Section 25 of this bill requires each state certified behavior interventionist, but not each registered behavior technician, to obtain continuing education. Under existing law, the Board of Psychological Examiners regulates the practice of applied behavior analysis and licenses behavior analysts and assistant behavior analysts. (NRS 641.100, 641.170) Section 13.3 of this bill creates the Board of Applied Behavior Analysis. Section 13.7 of this bill prescribes the compensation of the Board. Sections 14 and 17 of this bill authorize the Board to adopt regulations governing: (1) the licensure of behavior analysts and assistant behavior analysts; (2) the certification of state certified behavior interventionists; (3) the registration of registered behavior technicians; and (4) the practice of applied behavior analysis. Sections 13, 15, 16 and 18 of this bill prescribe the duties of the Aging and Disability Services Division of the Department of Health and Human Services to keep certain records and enforce provisions of law governing applied behavior analysis and the regulations of the Board of Applied Behavior Analysis. Section 16 of this bill authorizes the Division to prescribe fees for the licensure of behavior analysts and assistant behavior analysts, the certification of state certified behavior interventionists and the registration of registered behavior technicians. Section 19 of this bill exempts an employee or agent of the Division from liability for actions taken in good faith in the performance of the duties of the Division. Sections 20-27 of this bill prescribe the requirements to obtain or renew a license as a behavior analyst or assistant behavior analyst, certification as a state certified behavior interventionist or registration as a registered behavior technician. Sections 12 and 12.3 of this bill specify that certain persons are not required to be licensed, certified or registered by the Division. Section 12.6 of this bill authorizes a student, intern, trainee or fellow who has matriculated at an accredited college or university but is not licensed, certified or registered by the Division to practice applied behavior analysis under the direct supervision of a behavior analyst or assistant behavior analyst under certain circumstances. Section 29 of this bill prescribes the grounds for disciplinary action against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician, and section 30 of this bill requires the Board to prescribe additional grounds for such disciplinary action by regulation. Section 31 of this bill establishes the disciplinary action that the Division may impose against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician. Sections 33-38 and 41-43 of this bill prescribe procedures relating to the filing of a complaint and conducting an investigation and disciplinary hearing. Sections 39 and 40 of this bill authorize the Division to require a behavioral analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to take an examination to demonstrate his or her competence. Sections 44 and 45 of this bill authorize the Division or the Attorney General to maintain an action to enjoin certain unprofessional conduct or the practice of applied behavior analysis without the required license or credential. Section 46 of this bill grants immunity from liability to any person who initiates a complaint or assists in an investigation or the discipline of a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician without malicious intent. Section 47 of this bill authorizes a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician to apply to the Division for the removal of certain administrative sanctions against his or her license. Sections 48-50 of this bill prohibit the practice of applied behavior analysis without the proper license, credentials or supervision and certain other acts. Section 50 makes the fraudulent practice of applied behavior analysis or practice as a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician without the proper license or credential a gross misdemeanor. The Board of Psychological Examiners currently consists of seven members appointed by the Governor. One of the members of the Board is a licensed behavior analyst. (NRS 641.030, 641.040) Sections 58, 59 and 74 of this bill remove that member from the Board and reduce the size of the Board to six members. Sections 56, 57 and 60-66 of this bill remove references to applied behavior analysis from the provisions of statute administered by the Board, and sections 53 and 67-71 of this bill make conforming changes.

AI Summary

Aaron Ford (D)*,  David Parks (D)*,  Heidi Seevers Gansert (R)*,  Yvanna Cancela (D),  Nicole Cannizzaro (D),  Pete Goicoechea (R),  Scott Hammond (R),  Joe Hardy (R),  Julia Ratti (D),  Michael Roberson (R), 

Approved by the Governor. Chapter 588. (on 06/14/2017)

Official Document