CS/CS/HB 1085 - Behavior Analysts

• Creates Chapter 470, Florida Statutes to establish state licensure and regulation of behavior analysts, including licensed behavior analysts (LBA) and licensed assistant behavior analysts (LABA).

• Establishes a 7-member Board of Applied Behavior Analysis within the Department of Health's Division of Medical Quality Assurance, with members appointed by the Governor and confirmed by the Senate.

• Requires applicants for licensure to be board-certified by the national Behavior Analyst Certification Board (BACB), pass criminal background checks with fingerprinting, and pay application and renewal fees not to exceed $100 and $300 respectively.

• Makes unlicensed practice of applied behavior analysis a third-degree felony and misuse of professional titles a second-degree misdemeanor; limits board penalties to probation of 5 years maximum, fines not exceeding $2,500, and suspensions of 5 years maximum.

• Exempts certain practitioners from licensure requirements, including psychologists, certified teachers, physicians, mental health counselors, clergy, students in accredited programs, and those providing services to organizations without direct client delivery; provides $113,541 in recurring funds and 2 FTE positions for fiscal year 2014-2015, effective January 1, 2015.