Bill > S3099

Introduced Session

This bill provides for the regulation and licensing of behavior analysts. The bill establishes the State Board of Behavior Analyst Examiners in the Division of Consumer Affairs in the Department of Law and Public Safety, which will consist of seven members. Two members will be public members; three members will be licensed behavior analysts, except for the members first appointed; one member will be a licensed assistant behavior analyst, except for the member first appointed; and one member will be a State Executive Department member. The bill permits the board to establish fees for those licensed under the bill and incorporates the terms of the law on fees of professional boards, P.L.1974, c.46 (C.45:1-3.1 et seq.), and the uniform enforcement and procedure act, P.L.1978, c.73 (C.45:1-14 et seq.), for enforcement of standards and punishment of violations. The bill also prohibits persons from practicing, attempting to practice, or making any representation as being able to practice as a licensed behavior analyst or licensed assistant behavior analyst unless the person is licensed in accordance with the provisions of the bill. Additionally, the bill prohibits persons from using the title "licensed behavior analyst" or "licensed assistant behavior analyst" or the abbreviation "LBA" or "LABA" or any other title, designation, words, letters, abbreviations or insignia, except for those persons specifically exempted under the bill, indicating the practice of behavior analysis unless licensed pursuant to this provisions of the bill. To be eligible to be licensed as a licensed behavior analyst, an applicant shall: be at least 21 years of age; be of good moral character; and have a current certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral verified by the certifying entity. To be eligible to be licensed as a licensed assistant behavior analyst, an applicant shall: be at least 21 years of age; be of good moral character; have a current certification as a Board Certified Assistant Behavior Analyst verified by the certifying entity; and submit proof satisfactory to the board of ongoing supervision by a licensed behavior analyst in accordance with the certifying entity's requirements for Board Certified Assistant Behavior Analysts. Currently, certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral requires completion of a graduate degree, completion of hours of applied experience, and passing an examination. Similarly, current requirements for certification as a Board Certified Assistant Behavior Analyst include completion of an undergraduate degree, completion of hours of applied experience, and passing an examination. Under the bill, "certifying entity" is defined as the Behavior Analyst Certification Board, Incorporated, or any successor organization whose programs to certify professional practitioners of behavior analysis are accredited by the National Commission on Certifying Agencies or the American National Standards Institute. The bill provides for licenses to be issued for a two-year period, which may be renewed upon filing a renewal application. A license will not be renewed until the license holder submits satisfactory evidence to the board that the license holder continues to be certified by the certifying entity. The bill also provides that, upon payment to the board of a fee and the submission of a written application provided by the board, the board will issue a license to any person who holds a valid license issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this State, as determined by the board. Finally, the bill provides an exemption to the licensure requirements for any other profession licensed by the State, provided that: qualified members of other professions do not hold themselves out to the public as possessing a license issued pursuant to this bill or represent themselves by any professional title regulated by this bill; applied behavior analysis is in the scope of practice of the other profession as defined by law; and the services provided by qualified members of other professions are within the boundaries of the licensed professional's education, training, and competence. The exemption to the licensure requirements also apply to various persons under certain circumstances, provided that they do not represent themselves as possessing a license issued pursuant to this bill or represent themselves by any professional title regulated by this bill.

Committee Categories

Tom Kean (R)*,  Loretta Weinberg (D)*,  Troy Singleton (D), 

Substituted by A4608 (1R) (on 12/16/2019)