PRINTER'S NO. 1816
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
19
Session of
2023
INTRODUCED BY MEHAFFIE, SCHLEGEL CULVER, SCHLOSSBERG, BURGOS,
JAMES AND SHUSTERMAN, JULY 5, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 5, 2023
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; provided penalties;
and making repeals," further providing for definitions, for
respiratory therapists, for perfusionist, for genetic
counselor and for prosthetists, orthotists, pedorthists and
orthotic fitters; providing for behavior analysts and
assistant behavior analysts; and further providing for
licenses and certificates and general qualification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985, is
amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
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"Applied behavior analysis." The design, implementation and
evaluation of environmental modifications, through the use of
behavioral stimuli and consequences, to produce socially
significant improvement in human behavior or to prevent loss of
attained skill or function, including the use of direct
observation, measurement and functional analysis of the
relations between environment and behavior.
"Assistant behavior analyst." An individual who is licensed
under section 13.7(b) to assist in the practice of applied
behavior analysis under the supervision of a licensed behavior
analyst who is approved by a certifying entity to supervise
assistant behavior analysts. An individual who meets the
criteria specified in this definition may be employed or
supervised by another professional licensed in this Commonwealth
whose statutory or regulated scope of practice includes applied
behavior analysis if the licensed professional practices within
the boundaries of the profession's code of ethics.
* * *
"Behavior analyst." An individual who is licensed by the
board to practice applied behavior analysis under section
13.7(a).
* * *
" Certifying entity." A nonprofit organization approved by
the board that provides programs to credential professional
practitioners of applied behavior analysis that are accredited
by the NCCA or the American National Standards Institute or a
successor institute.
* * *
Section 2. Sections 13.1(a)(3), 13.3(f)(2), 13.4(e)(2) and
13.5(a)(1) of the act are amended to read:
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Section 13.1. Respiratory therapists.
(a) Qualifications.--An individual shall be eligible to
apply for licensure as a respiratory therapist if that
individual satisfies all of the following:
* * *
(3) Has proved to the satisfaction of the board that the
individual is of good moral character and is not unfit or
unable to practice as a respiratory therapist by reason of
physical or mental impairment. In assessing the moral
character of an individual with a criminal conviction, the
board shall conduct an individualized assessment in
accordance with 63 Pa.C.S. § 3113 (relating to consideration
of criminal convictions).
* * *
Section 13.3. Perfusionist.
* * *
(f) Qualifications.--An applicant shall be licensed to
practice perfusion under this act if the applicant meets all of
the following qualifications and has otherwise complied with the
provisions of this act:
* * *
(2) The person is of good moral character. In assessing
the moral character of an applicant with a criminal
conviction, the board shall conduct an individualized
assessment in accordance with 63 Pa.C.S. § 3113 (relating to
consideration of criminal convictions).
* * *
Section 13.4. Genetic counselor.
* * *
(e) Qualifications.--An applicant shall be licensed to
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practice genetic counseling under this act if the applicant
meets all of the following qualifications and has otherwise
complied with the provisions of this act:
* * *
(2) The person is of good moral character. In assessing
the moral character of an applicant with a criminal
conviction, the board shall conduct an individualized
assessment in accordance with 63 Pa.C.S. § 3113 (relating to
consideration of criminal convictions).
* * *
Section 13.5. Prosthetists, orthotists, pedorthists and
orthotic fitters.
(a) Licensure qualifications.--To qualify for licensure to
practice prosthetics, orthotics, pedorthics or orthotic fitting,
an applicant shall:
(1) Be of good moral character. In assessing the moral
character of an applicant with a criminal conviction, the
board shall conduct an individualized assessment in
accordance with 63 Pa.C.S. § 3113 (relating to consideration
of criminal convictions).
* * *
Section 3. The act is amended by adding a section to read:
Section 13.7. Behavior analysts and assistant behavior
analysts.
(a) Behavior analyst licensure. -- An applicant shall be
licensed to practice as a behavior analyst by the board if the
applicant meets all of the following qualifications and has
otherwise complied with the provisions of this act:
(1) The applicant is at least 21 years of age.
(2) The applicant is of good moral character. In
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assessing the moral character of an applicant with a criminal
conviction, the board shall conduct an individualized
assessment in accordance with 63 Pa.C.S. § 3113 (relating to
consideration of criminal convictions).
(3) The applicant has completed an application and paid
a fee as established by the board by regulation.
(4) The applicant has received a master's degree or
higher in a course of study required for certification from a
certifying entity.
(5) The applicant holds a current certification as a
board-certified behavior analyst from a certifying entity.
(6) The applicant has passed the examination for
certification as a board-certified behavior analyst by a
certifying entity as approved by the board.
(7) The applicant submits proof of professional
liability insurance coverage as required under subsection
(g).
(8) The applicant has not been convicted of a felony
under the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act, or
of an offense under the laws of another jurisdiction which,
if committed in this Commonwealth, would be a felony under
The Controlled Substance, Drug, Device and Cosmetic Act,
unless all of the following apply:
(i) At least ten years have elapsed from the date of
conviction.
(ii) The applicant has satisfactorily demonstrated
to the board that the applicant has made significant
progress in personal rehabilitation since the conviction.
(iii) The applicant has satisfactorily demonstrated
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to the board that licensure of the applicant will not
create a substantial risk of harm to the health and
safety of the applicant's patient s or the general public
or result in additional criminal v iolations.
(b) Assistant behavior analyst licensure.--An applicant
shall be licensed to practice as an assistant behavior analyst
by the board if the applicant meets all of the following
qualifications and has otherwise complied with the provisions of
this act:
(1) The applicant is at least 21 years of age.
(2) The applicant is of good moral character. In
assessing the moral character of an applicant with a criminal
conviction, the board shall conduct an individualized
assessment in accordance with 63 Pa.C.S. § 3113.
(3) The applicant has completed an application and paid
a fee as established by the board by regulation.
(4) The applicant has received a bachelor's degree or
higher in a course of study required for certification from a
certifying entity.
(5) The applicant holds a current certification as a
board-certified assistant behavior analyst from a certifying
entity.
(6) The applicant has passed the examination for
certification as a board-certified assistant behavior analyst
by a certifying entity as approved by the board.
(7) The applicant has not been convicted of a felony
under The Controlled Substance, Drug, Device and Cosmetic
Act, or of an offense under the laws of another jurisdiction
which, if committed in this Commonwealth, would be a felony
under The Controlled Substance, Drug, Device and Cosmetic
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Act, unless all of the following apply:
(i) At least ten years have elapsed from the date of
conviction.
(ii) The applicant has satisfactorily demonstrated
to the board that the applicant has made significant
progress in personal rehabilitation since the conviction.
(iii) The applicant has satisfactorily demonstrated
to the board that licensure of the applicant will not
create a substantial risk of harm to the health and
safety of the applicant's patients or the general public
or result in additional criminal v iolations.
(8) The applicant provides a letter from a licensed
behavior analyst in this Commonwealth who is approved by a
certifying entity to supervise licensed assistant behavior
analysts stating that the licensed behavior analyst is
supervising the applicant in accordance with the certifying
entity's current requirements.
(c) Licensure required.--
(1) Two years after the effective date of this section,
it shall be unlawful for an individual to hold oneself out to
the public as a behavior analyst or an assistant behavior
analyst or to practice or assist in the practice of applied
behavior analysis or offer to practice or assist in the
practice of applied behavior analysis unless the individual
holds a license under subsection (a) or (b).
(2) Within two years after the effective date of this
section, an individual who has practiced applied behavior
analysis for three of the five years immediately preceding
the effective date of this section shall be eligible for
licensure if the applicant submits to the board proof of the
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required experience and complies with subsection (a)(1), (2),
(3), (4), (7) and (8) or (b)(1), (2), (3), (4), (7) and (8).
(d) Prohibition or restriction.--In accordance with
subsection (c), nothing in this section shall be construed as
prohibiting or restricting the practice of any of the following:
(1) An individual licensed under any other section of
this act or any other law of this Commonwealth, while acting
within the scope of practice of the individual's license and
training, including, but not limited to, any of the
following:
(i) An individual licensed to engage in the practice
of psychology under the act of March 23, 1972 (P.L.136,
No.52), known as the Professional Psychologists Practice
Act.
(ii) An individual licensed to practice audiology or
speech-language pathology under the act of December 21,
1984 (P.L.1253, No.238), known as the Speech-Language
Pathologists and Audiologists Licensure Act.
(iii) An individual licensed to practice
occupational therapy under the act of June 15, 1982
(P.L.502, No.140), known as the Occupational Therapy
Practice Act.
(iv) An individual licensed as a behavior specialist
under section 635.2(g) of the act of May 17, 1921
(P.L.682, No.284), known as The Insurance Company Law of
1921.
(v) An individual licensed as a social
worker, marriage and family therapist or professional
counselor under the act of July 9, 1987 (P.L.220, No.39),
known as the Social Workers, Marriage and Family
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Therapists and Professional Counselors Act.
(2) An individual employed by the Federal Government to
provide applied behavior analysis services while in the
discharge of the individual's official duties.
(3) A behavior analyst who practices with nonhumans,
including an applied animal behaviorist or animal trainer. A
behavior analyst under this paragraph may use the title
"behavior analyst," but may not represent oneself as a
licensed behavior analyst or licensed assistant behavior
analyst.
(4) An individual who provides general applied behavior
analysis services to an organization for which the individual
is employed if the services are for the benefit of the
organization and do not involve direct services to
individuals. An individual under this paragraph may use the
title "behavior analyst" but may not represent oneself as a
licensed behavior analyst or licensed assistant behavior
analyst.
(5) A student of an accredited college or university or
a postdoctoral fellow whose applied behavior analysis
activities are part of a defined program of study, course,
practicum, internship or fellowship and are directly
supervised by a licensed behavior analyst or qualified
faculty member.
(6) An individual pursuing supervised experiential
training in applied behavior analysis consistent with a
certifying entity's requirements if the training is
supervised by a licensed behavior analyst or licensed
psychologist who is approved by the certifying entity to
provide the supervision .
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(7) An individual who teaches behavior analysis or
conducts behavior-analytic research at an accredited college
o r universit y if the activities do not involve the direct
delivery of applied behavior analysis services beyond the
typical parameters of applied research. An individual under
this paragraph may use the title "behavior analyst" but may
not represent oneself as a licensed behavior analyst or
licensed assistant behavior analyst.
(8) An individual employed or contracted by an entity
regulated by the Department of Education who delivers applied
behavior analysis services to an individual served by the
same entity.
(9) An individual supervised by another individual
specified under this subsection while acting within the scope
of practice of the individual's license and training.
(e) Use of title.--Except as provided under subsection (d)
(4) and (7), only an individual who holds an active license
under subsection (a) or (b) may use the title "behavior
analyst," "licensed behavior analyst," "assistant behavior
analyst" or "licensed assistant behavior analyst" or use any
similar words or symbols indicating that the individual is a
behavior analyst or an assistant behavior analyst or the
abbreviation of "B.A.," "L.B.A.," "A.B.A." or "L.A.B.A."
(f) Limitation.-- Nothing in this section shall be construed
as an authorization for a behavior analyst or an assistant
behavior analyst to practice any branch of the healing arts,
except as otherwise specified under this act, or to issue a
diagnosis of a disorder.
(g) Liability insurance.--
(1) An individual licensed under subsection (a) and
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practicing in this Commonwealth shall maintain a level of
professional liability insurance coverage in the minimum
amount of $1,000,000 per occurrence or claims made. Failure
to maintain the professional liability insurance coverage as
required under this paragraph shall subject the licensee to
disciplinary proceedings by the board. The board shall accept
as satisfactory evidence of insurance coverage any of the
following:
(i) Self-insurance.
(ii) Personally purchased liability insurance.
(iii) Professional liability insurance coverage
provided by the licensee's employer or similar insurance
coverage acceptable to the board.
(2) An applicant shall provide proof that the applicant
has obtained professional liability insurance coverage in
accordance with paragraph (1). The proof required under this
paragraph shall be satisfied if the applicant files with the
application a copy of a letter from the applicant's
professional liability insurance carrier indicating that the
applicant will be covered against professional liability in
the required amounts effective upon the issuance of the
applicant's license to practice as a behavior analyst.
(3) Upon the issuance of a license under subsection (a),
the licensee shall have 30 days to submit to the board the
certificate of insurance or a copy of the policy declaration
page to comply with the professional liability insurance
coverage under paragraph (1).
(4) The board shall adopt by regulation standards and
procedures established by the Insurance Commissioner for
self-insurance. In the absence of these standards and
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procedures, the board, after consultation with the Insurance
Commissioner, shall establish standards and procedures by
regulation for self-insurance under this subsection.
(h) Temporary licenses. --
(1) The board shall grant a temporary license under this
section to an applicant if the applicant submits all the
required documentation to the board. A temporary license
under this paragraph shall be valid until the board completes
the processing of the application and denies or grants
licensure under subsection (a) or (b).
(2) The board may grant a temporary license under this
section to a nonresident who engages in the practice of
applied behavior analysis in this Commonwealth for no more
than three months in a calendar year if the individual meets
any of the following requirements:
(i) The individual is licensed to practice applied
behavior analysis in another state or territory of the
United States whose licensure requirements are
substantially equivalent to the requirements in this
Commonwealth.
(ii) The individual holds a current certification by
a certifying entity to practice applied behavior
analysis .
(3) An applicant for a temporary license under this
subsection shall submit an application and pay a fee as
determined by the board by regulation. A temporary license
holder shall be subject to all other licensure and
disciplinary requirements as specified under this section and
by the board.
(i) Renewal.--A license issued under subsection (a) or (b)
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shall be subject to biennial renewal . The board may issue a
license renewal to a licensee upon the submission of all of the
following:
(1) An application and a fee as established by the board
by regulation.
(2) Verification of current certification in good
standing by a certifying entity.
(3 ) Evidence of having active professional liability
insurance coverage as specified under subsection (g).
(4) Completion of 30 hours of continuing education. The
following shall apply:
(i) An applicant for licensure renewal under this
subsection shall complete at least three hours of the
continuing education requirement under this paragraph in
approved child abuse recognition and reporting training
as specified under 2 3 Pa.C.S. § 6383(b)(3) (relating to
education and training).
(ii) An individual who applies for initial licensure
under subsection (a) or (b) shall be exempt from the
continuing education requirement under this paragraph for
the biennial renewal period after initial licensure.
(iii) The board may waive all or a portion of the
continuing education requirement under this paragraph for
a licensee who shows to the satisfaction of the board
that the licensee was unable to complete or satisfy the
continuing education requirement due to serious illness,
military service or other demonstrated hardship.
(iv) The board may not give credit towards the
completion of the continuing education requirement under
this paragraph to a licensee for office management or
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practice building.
(j) Other renewals.--A license issued under subsection (c)
(2) shall be subject to biennial renewal. The board may issue a
license renewal to a licensee under subsection (c)(2) upon the
submission of all of the requirements in subsection (i), not
including the requirement under subsection (i)(2).
(k) Effect of licensure.--L icensure under this section shall
not be construed as requiring new or additional third-party
reimbursement or otherwise mandating coverage under 75 Pa.C.S.
Ch. 17 (relating to financial responsibility) or the act of June
2, 1915 (P.L.736, No.338), known as the Workers' Compensation
Act.
Section 4. Section 22(b) introductory paragraph of the act
is amended to read:
Section 22. Licenses and certificates; general qualification.
* * *
(b) Qualifications.--The board shall not issue a license or
certificate to an applicant unless the applicant establishes
with evidence, verified by an affidavit or affirmation of the
applicant, that the applicant is of legal age, is of good moral
character and is not addicted to the intemperate use of alcohol
or the habitual use of narcotics or other habit-forming drugs
and that the applicant has completed the educational
requirements prescribed by the board and otherwise satisfies the
qualifications for the license or certificate contained in or
authorized by this act. In assessing the moral character of an
applicant with a criminal conviction, the board shall conduct an
individualized assessment in accordance with 63 Pa.C.S. § 3113
(relating to consideration of criminal convictions). The board
shall not issue a license or certificate to an applicant who has
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been convicted of a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or of an offense under the laws of
another jurisdiction which, if committed in this Commonwealth,
would be a felony under The Controlled Substance, Drug, Device
and Cosmetic Act, unless:
* * *
Section 5. In order to facilitate the prompt implementation
of the addition of section 13.7 of the act, the State Board of
Medicine shall promulgate temporary regulations within 180 days
of the effective date of this section that shall expire no later
than two years following the publication of the temporary
regulations. Temporary regulations promulgated under this
section shall not be subject to:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
Section 6. The State Board of Medicine shall promulgate
final regulations necessary to implement the addition of section
13.7 of the act no later than two years after the expiration of
the temporary regulations promulgated under section 5 of this
act.
Section 7. This act shall take effect in 60 days.
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