PRINTER'S NO. 2265
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1559
Session of
2015
INTRODUCED BY MURT, DRISCOLL, KINSEY, McNEILL, ROZZI,
SCHLOSSBERG, SCHWEYER, THOMAS AND COHEN, SEPTEMBER 30, 2015
REFERRED TO COMMITTEE ON INSURANCE, SEPTEMBER 30, 2015
AN ACT
Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
act relating to insurance; amending, revising, and
consolidating the law providing for the incorporation of
insurance companies, and the regulation, supervision, and
protection of home and foreign insurance companies, Lloyds
associations, reciprocal and inter-insurance exchanges, and
fire insurance rating bureaus, and the regulation and
supervision of insurance carried by such companies,
associations, and exchanges, including insurance carried by
the State Workmen's Insurance Fund; providing penalties; and
repealing existing laws," in health and accident insurance,
further providing for autism spectrum disorders coverage.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 635.2(f)(2) and (g) of the act of May 17,
1921 (P.L.682, No.284), known as The Insurance Company Law of
1921, added July 9, 2008 (P.L.885, No.62), are amended to read:
Section 635.2. Autism Spectrum Disorders Coverage.--* * *
(f) As used in this section:
* * *
(2) "Autism service provider" means any of the following:
(i) A person, entity or group providing treatment of autism
spectrum disorders, pursuant to a treatment plan, that is
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licensed or certified in this Commonwealth, including an
individual holding a valid temporary graduate behavior
specialist license.
(ii) Any person, entity or group providing treatment of
autism spectrum disorders, pursuant to a treatment plan, that is
enrolled in the Commonwealth's medical assistance program on or
before the effective date of this section.
* * *
(g) (1) The State Board of Medicine, in consultation with
the Department of Public Welfare, shall promulgate regulations
providing for the licensure or certification of behavior
specialists. Behavior specialists licensed or certified by the
State Board of Medicine shall be subject to all disciplinary
provisions applicable to medical doctors as set forth in the act
of December 20, 1985 (P.L.457, No.112), known as the "Medical
Practice Act of 1985." The State Board of Medicine may charge
reasonable fees as set by board regulation for licensure or
certificates or applications permitted by the "Medical Practice
Act of 1985."
(2) An applicant applying for a license or certificate as a
behavior specialist shall submit a written application on forms
provided by the State Board of Medicine evidencing and insuring
to the satisfaction of the board that the applicant:
(i) Is of good moral character.
(ii) Has received a master's or higher degree from a board-
approved, accredited college or university, including a major
course of study in school, clinical or counseling psychology,
special education, social work, speech therapy, occupational
therapy or another related field.
(iii) Has at least one year of experience involving
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functional behavior assessments, including the development and
implementation of behavioral supports or treatment plans.
(iv) Has completed at least one thousand (1,000) hours in
direct clinical experience with individuals with behavioral
challenges or at least one thousand (1,000) hours' experience in
a related field with individuals with autism spectrum disorders.
(v) Has completed relevant training programs, including
professional ethics, autism-specific training, assessments
training, instructional strategies and best practices, crisis
intervention, comorbidity and medications, family collaboration
and addressing specific skill deficits training.
(3) The board shall not issue a license or certificate to an
applicant who has 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 if 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:
(i) At least ten (10) years have elapsed from the date of
conviction.
(ii) The applicant satisfactorily demonstrates to the board
that he has made significant progress in personal rehabilitation
since the conviction such that licensure of the applicant should
not be expected to create a substantial risk of harm to the
health and safety of his patients or the public or a substantial
risk of further criminal violations.
(iii) The applicant otherwise satisfies the qualifications
contained in or authorized by this section.
As used in this paragraph, the term "convicted" shall include a
judgment, an admission of guilt or a plea of nolo contendere.
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(4) Beginning on the effective date of this paragraph, the
State Board of Medicine shall issue a temporary graduate
behavior specialist license, valid for one year only, to an
applicant who meets all of the qualifications for licensure
under paragraph (2) except for the experience and training
requirements of subparagraphs (iii), (iv) and (v). The following
apply:
(i) A temporary graduate behavior specialist license shall
allow the licensee to practice as a behavior specialist only
while under the supervision of a licensed physician, licensed
physician assistant, licensed psychologist, licensed clinical
social worker, certified registered nurse practitioner or
licensed behavior specialist. The physical presence of the
supervisor is not required provided the supervisor is readily
available for consultation.
(ii) An applicant for a temporary graduate behavior
specialist license shall submit an application on a form
provided by the State Board of Medicine and remit the required
fee.
(iii) A temporary graduate behavior specialist license shall
only be valid for up to one year from the date of issuance.
* * *
Section 2. This act shall take effect immediately.
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