3/11/2021
The Daily Bulletin: 2021-03-11 | Legislative Reporting Service
И
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2021-03-11
PUBLIC/HOUSE BILLS
H 91 (2021-2022) REDUCE REG. TO HELP CHILDREN WITH AUTISM. Filed Feb 1 6 202 1 , AN ACT TO REDUCE UNNECESSARY
REGULA TORY CONSTRAINTS FOR APPLIED
ВЕНА
VIOR ANALYSIS.
House committee substitute makes the following changes to the 2nd edition.
Amends proposed Article 43, Behavior Analyst Licensure, of GS Chapter 90. as follows. Modifies the Article's defined terms.
Eliminates behavior analysis as a defined term. Changes certifying entity to no longer specify that the Behavior Analyst
Certification Board is nationally accredited. Modifies licensed assistant behavior analyst to now require supervision by a
licensed behavior analyst in NC who is approved by the certifying entity to supervise assistant behavior analysts (previously
did not specify that the supervising behavior analyst needs to be approved by the certifying entity for supervision). Now
defines practice of behavior analysis to include the design, implementation, and evaluation of instructional and environmental
modifications to produce socially significant improvements in human behavior (previously defined to include the empirical
identification of functional relations between behavior and environmental factors known as functional assessment and analysis)
and exclude any kind of psychological evaluation, diagnosis or intervention, including but not limited to psychological and
neuropsychological testing, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as
treatment modalities (previously defined to more specifically exclude psychological testing, cognitive therapy, sex therapy,
psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities).
Modifies the staggered terms provided for NC Behavior Analysis Board (Board) members, now requiring all legislatively
appointed members to serve three-year temis. and all gubernatorial ly appointed members to serve two-year terms (previously,
the member appointed by the President Pro Tempore of the Senate was for a two-year term, and the behavior analyst and
public member appointed by the Governor were for a three-year term).
Simplifies the requirements for licensure as a behavior analyst and assistant behavior analyst to require applicants to meet the
qualifications set by the Board and provide an official verification letter by the certifying entity, with assistant behavior
analysts also required to provide that the applicant has an ongoing arrangement for supervision by a licensed behavior analyst
as specified. Removes the statutory requirements for age and examination. Makes conforming changes to the provisions
regarding license renewal and reciprocity to refer to proof of certification by presenting an official verification letter by the
certifying entity. No longer includes the statutory requirement for proof of completing required continuing education when
applying for license renewal.
Modifies the grounds for disciplinary action as follows. Now provides for disciplinary action following the revocation or
suspension of a certification by the certifying entity for the practice of behavior analysis in any other jurisdiction or having
been disciplined by the licensing board or certifying entity for conduct that would subject the licensee to discipline under the
Article (previously for the revocation or suspension of a license for the practice of behavior analysis in any other jurisdiction or
having been disciplined by the licensing board or certifying entity in any other jurisdiction for conduct which would subject
the licensee to discipline). Modifies the disciplinary grounds involving failure to maintain clear and accurate patient or client
records to include documentation of the purpose of the evaluation, treatment, or other services provided rather than the
presenting problems, diagnosis, and purpose of the evaluation, treatment, or other services provided.
Regarding required criminal history checks of licensure applicants, requires the Board to ensure that each applicant has
completed a criminal history record check and fingerprinting by the NC Department of Justice (DOJ), consenting to the check
and use of fingerprints and other identifying information required (previously deemed the Board responsible for providing to
the DOJ the applicant's fingerprints to be checked, a form signed by the applicant consenting to the criminal histoiy record
check and the use of fingerprints and other identifying information required). Now permits rather than requires the Board to
collect fees required by DOJ.
https://lrs.sog.unc.edU/lrs-subscr-view/dailybulletin/2021-03-11#
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