Licensure and regulation of behavior analysts, insurance coverage of the services of behavior analysts for autism treatment, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty

The department must grant a license to an applicant who submits an application, an initial credential, and evidence that the applicant is certified as a behavior analyst by the private organization Behavior Analyst Certification Board, Inc. (board), except that the department may not grant a license to an applicant who has been convicted of certain crimes specified in the bill. The bill authorizes the department to promulgate rules regarding the practice of behavior analysis, including rules authorizing the issuance of temporary permits to practice behavior analysis, but any rules must be consistent with standards established by the board.

The department may not promulgate rules that impose additional educational requirements; that require a behavior analyst to practice under supervision by, or in collaboration with, another health care provider; that require a behavior analyst to enter into an agreement with another health care provider; or that limit the location where a behavior analyst may practice.

The bill requires a behavior analyst to provide to a client a summary of the behavior analyst's experience and training and a copy of any rules promulgated by the department. The bill also authorizes the department to discipline a behavior analyst who engages in unprofessional conduct or who commits any other infraction identified in the bill.

Under current law, health insurance policies and self-insured governmental and school district health plans are required to cover a specified amount of intensive-level services and nonintensive-level services provided to an insured for the treatment of autism, Asperger's syndrome, and pervasive developmental disorder not otherwise specified as long as the treatment is prescribed by a physician and provided by any of the following providers who are qualified to provide intensive-level services or nonintensive-level services: a psychiatrist; a psychologist; a social worker who is certified or licensed to practice psychotherapy;

a paraprofessional working under the supervision of any of those three types of providers; a professional working under the supervision of an outpatient mental health clinic; a speech-language pathologist; or an occupational therapist. The bill provides that the coverage must also apply to services provided by a behavior analyst who is licensed to practice behavior analysis by the department or by a paraprofessional working under the supervision of such a behavior analyst, if the behavior analyst or paraprofessional is qualified to provide intensive-level services or nonintensive-level services.