HB 7167 Summary

• Establishes state licensure for behavior analysts through the Department of Public Health, effective January 1, 2018, requiring applicants to be certified by the Behavior Analyst Certification Board with an initial application fee of $350 and biennial renewal fee of $175.

• Prohibits use of the title "behavior analyst" or related designations unless the person is licensed under the new requirements; violation is a class D felony with each instance of contact constituting a separate offense.

• Defines "behavior analysis" as design and implementation of environmental modifications using behavioral stimuli and consequences, explicitly excluding psychological testing, neuropsychology, cognitive therapy, psychotherapy, and other specified treatment modalities.

• Allows for licensure by endorsement for applicants certified or licensed as behavior analysts in other states with substantially similar or higher requirements and no pending disciplinary actions.

• Authorizes the Commissioner of Public Health to take disciplinary action against behavior analysts for specified violations including failure to conform to professional standards, fraud, negligent conduct, substance abuse, and falsification of records.

• Removes "board certified behavior analyst" (BCBA) certification requirement in favor of "licensed behavior analyst" in statutes governing school-provided applied behavior analysis services and health insurance coverage for autism spectrum disorder treatment.