SB379

By Senator Allen

ENROLLED, An Act,

To amend Sections 34-5A-3, 34-5A-4, 34-5A-6, and 34-5A-7, Code of Alabama 1975, relating to the Alabama Behavior Analyst Licensing Board; to establish the board within the Department of Mental Health; to provide further for the qualifications of the initial board members; to provide further for a quorum; to establish the Alabama Behavior Analyst Licensing Board Fund in the State Treasury; to require criminal background checks on applicants for licensure to be performed pursuant to board rule; to make technical corrections to reference certification by certifying entities; and to provide further for the expiration, renewal, revocation, and reinstatement of licenses.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 34-5A-3, 34-5A-4, 34-5A-6, and 34-5A-7 of the Code of Alabama 1975, are amended to read as follows:

§34-5A-3.

"(a) The Alabama Behavior Analyst Licensing Board is established within the Department of Mental Health, Division of Developmental Disabilities. The board shall consist of seven members, including four licensed behavior analysts, one licensed psychologist in the state, one parent or legal guardian of a person being treated for a behavior disorder, or a person who has received services from a licensed behavior analyst, and one public member, who, except for the initial members, shall be appointed by the Governor, as provided in subsection (b). The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Each member shall serve a three-year term, with initial terms being staggered so that one member serves an initial term of one year, three members serve initial terms of two years, and three members serve initial terms of three years, as provided by the Commissioner of the Department of Mental Health. The public member shall be a person who is not and never was a member of any profession licensed or regulated under this chapter, or the spouse of such person, and a person who does not have and never has had a material interest in the practice of behavior analysis.

"(b) The initial members of the board shall be board certified behavior analysts, as recognized by the certifying entity, and shall each become licensed as a behavior analyst or assistant behavior analyst, pursuant to this chapter, during his or her initial term serving on the board. These initial board members shall be appointed by the Commissioner of the Department of Mental Health upon recommendations submitted by the Alabama Association for Behavior Analysis, the Alabama Interagency Autism Coordinating Council, the Department of Mental Health, and any other group determined appropriate by the commissioner. Subsequent appointments shall be appointed by the Governor upon recommendations submitted by the board.

"(c) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Governor, upon recommendation of the board.

"(d) No member shall serve more than two successive three-year terms.

"(e) A member shall serve until a successor is appointed and assumes office.

"(f) Members shall be paid out of the funds of the board the same per diem as prescribed by law for state employees for each day of attendance of board business.

"(g) The board shall meet at least twice annually and may meet at such other times as necessary, at the call of the chair or by a majority of the members, to complete the business required.

"(h) The board shall promulgate and enforce rules and establish fees necessary to implement this chapter.

"(i) The board shall investigate all complaints relating to the practice of behavior analysis by any licensed behavior analyst, licensed assistant behavior analyst, or any person alleged to be practicing or providing supervision without a state license.

"(1) The board may fine, censure, revoke, or deny a license, place on probation, reprimand, or otherwise discipline a licensee on any of the following grounds:

"a. Conviction of a crime which the board determines to be of a nature as to render the person convicted unfit to practice as a behavior analyst.

"b. Violation of the professional and ethical compliance code or the rules of the board.

"c. Fraud or misrepresentation in obtaining a license.

"(2) The board may summarily suspend the license of a licensee who the board determines poses an imminent danger to the public. A hearing shall be held within 10 days after the suspension to determine whether the summary action was warranted.

"(3) No license may be denied, suspended, or revoked or a person otherwise disciplined without prior notice and opportunity for hearing, except that the board, without prior notice of hearing, may take action against any person convicted of a crime listed in paragraph a. of subdivision (1). No license may be denied, suspended, or revoked or a person otherwise disciplined pursuant to this section except by vote of a majority of the membership of the board.

"(4) Any person may file a complaint with the board seeking the denial, suspension, or revocation of a license issued or pending issuance by the board, or seeking to otherwise discipline a person for any violation of this chapter or rules adopted by the board. Complaints shall be in a form prescribed by the board. If the board determines that a complaint alleges facts which, if true, would require disciplinary action or denial, revocation, or suspension of a license, the board shall promptly institute a hearing. If the board determines that a complaint does not allege facts which warrant a hearing, the complaint may be dismissed by the board. The board, on its own motion, may institute a hearing for disciplinary action or for the denial, suspension, or revocation of a license.

"(5) Any person whose license has been suspended or revoked may apply to the board for vacation of the suspension or reinstatement of his or her license.

"(j) Upon finding that a person governed by this chapter has practiced as a behavior analyst, advertised that he or she performs as a behavior analyst, or utilized a title or description denoting that he or she is a behavior analyst without first having obtained a license, the board may do any of the following:

"(1) Impose an administrative fine.

"(2) Issue a cease and desist order.

"(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.

"(j) Four members (k) A majority of the membership of the board shall constitute a quorum.

"(k)(l) The board shall elect a chair from among its membership on an annual basis.

"(m) There is established a separate special revenue fund in the State Treasury known as the Alabama Behavior Analyst Licensing Board Fund. All receipts collected by the board pursuant to this chapter shall be deposited into this fund and used to the credit of the board for its operation and to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller drawn upon the State Treasury upon itemized vouchers approved by the chair.

§34-5A-4.

"Each person desiring to obtain a license shall submit an application and authorized fees to the board. The application shall include evidence demonstrating that the applicant satisfies all of the following requirements:

"(1) Is of good moral character and conducts his or her professional activities in accordance with accepted professional and ethical standards, including:

"a. Compliance with the professional disciplinary and ethical standards and the guidelines for responsible conduct compliance code for behavior analysts of the certifying agency entity.

"b. Completion of a state-approved criminal background check pursuant to rule of the board. The cost of the criminal background check shall be paid by the applicant. An applicant shall submit to the board two complete sets of fingerprints and a form, sworn to by the applicant, containing his or her name, date of birth, and Social Security number for completion of the criminal background check. The board shall submit the fingerprints and form to the State Bureau of Investigations, or any entity contracted with for the purposes of furnishing criminal background checks, for a state criminal history record check. The board shall keep information received pursuant to this section confidential, except that any information received and relied upon in denying the issuance of a license in this state may be disclosed if necessary to support the denial.

"(2) In addition to satisfying the requirements of subdivision (1), a licensed behavior analyst applicant shall also maintain active status as a board certified behavior analyst, as required recognized by the certifying entity, following passage of the board certified behavior analyst examination.

"(3) In addition to satisfying the requirements of subdivision (1), a licensed assistant behavior analyst applicant shall also do all of the following:

"a. Maintain active status as a board certified assistant behavior analyst, as required recognized by the certifying entity, following passage of the board certified assistant behavior analyst examination.

"b. Provide proof of ongoing supervision by a licensed behavior analyst who is a current board certified behavior analyst in a manner consistent with the requirements of the certifying entity for supervision of board certified assistant behavior analysts.

§34-5A-6.

"The board shall issue a license to a person who is actively licensed as a behavior analyst in another state that currently imposes comparable licensure requirements as those imposed in this state and that offers reciprocity to individuals licensed under this chapter. An applicant for reciprocity shall submit proof of ethical compliance, including proof of current licensure and current certifying board certification by the certifying entity, along with any other eligibility requirements, such as satisfactory passage of a criminal background check.

§34-5A-7.

"(a) A license shall be granted for a period of two years and shall expire on December 31 in the second year. Before the expiration of a license, the license may be renewed upon submission of an application for renewal, including proof of continued certification by the certifying entity and payment of the renewal fee imposed by the board.

"(b) All licenses issued pursuant to this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules of the board upon the payment of a renewal fee. The board may provide for a late renewal of a license upon payment of a late renewal fee if all conditions for renewal have been satisfied and upon payment of a late renewal fee. Any license which has not been renewed within two years following its expiration may not be renewed, restored, or reissued thereafter. The holder of an expired license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.

(c) A suspended license is subject to expiration and may be renewed as provided in this section. Renewal of a suspended license does not entitle the applicant, while the license remains suspended and until it is reinstated, to engage in licensed activity or in other conduct or activity in violation of a license revoked on disciplinary grounds. Except as otherwise provided in this chapter, a licensed behavior analyst or licensed assistant behavior analyst who desires to return to the active practice of applied behavior analysis shall submit an application for reinstatement and shall pay the nonrefundable reinstatement fee, and any late fee or penalty fees that may be applicable. The amount of the reinstatement fee and penalty shall be established by the rule of the board. The applicant shall meet the same requirements as were necessary for initial licensure."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Boards and Commissions

Behavior Analyst Licensing Board

Professional Licensing Boards

Code Amended