PRINTER'S NO. 3218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2010
Session of
2015
INTRODUCED BY QUINN, D. MILLER, CALTAGIRONE, CARROLL, COHEN,
D. COSTA, DAVIS, DEAN, DEASY, DeLUCA, IRVIN, JAMES, KAUFER,
KORTZ, MAHONEY, MILLARD, MURT, D. PARKER, ROZZI, STURLA,
THOMAS, WARD, WATSON AND YOUNGBLOOD, APRIL 21, 2016
REFERRED TO COMMITTEE ON INSURANCE, APRIL 21, 2016
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 casualty 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
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spectrum disorders, pursuant to a treatment plan, that is
licensed or certified in this Commonwealth.
(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.
(iii) An individual who:
(A) is enrolled in or has completed a master's or higher
degree program;
(B) provides treatment of autism spectrum disorders,
pursuant to a treatment plan, in satisfaction of the experience
requirement of subsection (g)(2)(iv); and
(C) provides the treatment under the supervision of a
licensed behavior specialist, licensed physician or licensed
psychologist, except that the physical presence of the
supervisor is not required if the supervisor is readily
available for consultation.
* * *
(g) (1) The State Board of Medicine, in consultation with
the Department of [Public Welfare] Human Services, 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
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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, or is a board-certified
behavior analyst.
(iii) Has at least one year of experience involving
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
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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.
(4) The State Board of Medicine shall issue a temporary
license to an applicant who meets all of the qualifications for
licensure, except for the requirements of paragraph (2)(iii),
(iv) and (v), subject to the following:
(i) A temporary license shall be granted to a graduate who
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, or who is a board-certified behavior
analyst. The individual may only practice professional
behavioral specialist care under supervision and if the
individual holds a current temporary practice permit.
(ii) The physical presence of the supervising behavior
specialist, licensed physician or licensed psychologist is not
required if the supervisor is readily available for
consultation.
(iii) An individual who wishes to practice as a graduate
behavioral specialist during the period from the date of
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completion of the educational program to the notification of
licensure must submit an application for a temporary practice
permit for a graduate behavioral specialist on a form provided
by the board and remit the required fees. A temporary practice
permit granted under this section is valid for up to five (5)
years from the date of issuance, unless extended by the board,
and shall immediately expire if the applicant fails to secure
licensure.
(iv) At least ninety (90) days prior to the expiration date
of the temporary practice permit, the graduate behavioral
specialist shall:
(A) Submit an application for licensure as a behavioral
specialist.
(B) Remit the board-specified fee.
(C) Submit the licensure registration form and fee.
(v) At least sixty (60) days prior to the expiration date of
the temporary practice permit, the graduate behavioral
specialist who wishes to extend the expiration date of the
temporary practice permit because of illness or extreme hardship
shall:
(A) Submit an application for temporary practice permit
extension on a form provided by the board.
(B) Remit the board-specified fee.
(C) Provide a detailed, written explanation of the reason
the extension is requested. If requesting an extension due to
illness, the applicant must provide certification of the illness
from the applicant's treating physician.
(vi) The board may not grant an extension to an individual
who fails to meet the requirements of subparagraph (v).
* * *
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Section 2. The amendment of section 635.2(f)(2) and (g) of
the act shall be retroactive to July 9, 2011.
Section 3. This act shall take effect immediately.
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