PRINTER'S NO. 846
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
19
Session of
2021
INTRODUCED BY MEHAFFIE, SCHLEGEL CULVER, R. BROWN, BURGOS,
CIRESI, A. DAVIS, T. DAVIS, FRANKEL, FREEMAN, GALLOWAY,
GAYDOS, HILL-EVANS, HOHENSTEIN, ISAACSON, KULIK, MARKOSEK,
MARSHALL, D. MILLER, PENNYCUICK, POLINCHOCK, RYAN, SAPPEY,
SCHLOSSBERG, SHUSTERMAN, STRUZZI, THOMAS AND INNAMORATO,
MARCH 11, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 11, 2021
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 State Board of
Medicine and providing for behavior analyst.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(a) and (b) of the act of December 20,
1985 (P.L.457, No.112), known as the Medical Practice Act of
1985, are amended to read:
Section 3. State Board of Medicine.
(a) Establishment.--The State Board of Medicine shall
consist of the commissioner or his designee, the Secretary of
Health or his designee, two members appointed by the Governor
who shall be persons representing the public at large and seven
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members appointed by the Governor, six of whom shall be medical
doctors with unrestricted licenses to practice medicine and
surgery in this Commonwealth for five years immediately
preceding their appointment and one who shall be a nurse
midwife, physician assistant, certified registered nurse
practitioner, respiratory therapist, licensed athletic trainer
[or], perfusionist or behavior analyst licensed or certified
under the laws of this Commonwealth. All professional and public
members of the board shall be appointed by the Governor, with
the advice and consent of a majority of the members elected to
the Senate.
(b) Terms of office.--The term of each professional and
public member of the board shall be four years or until his or
her successor has been appointed and qualified, but not longer
than six months beyond the four-year period. In the event that
any of said members shall die or resign or otherwise become
disqualified during his or her term, a successor shall be
appointed in the same way and with the same qualifications and
shall hold office for the unexpired term. No member shall be
eligible for appointment to serve more than two consecutive
terms. The Governor shall assure that nurse midwives, physician
assistants, certified registered nurse practitioners,
perfusionists [and], respiratory therapists and behavior
analysts are appointed to four-year terms on a rotating basis so
that, of every four appointments to a four-year term, one is a
nurse midwife, one is a physician assistant, one is a certified
registered nurse practitioner [and], one is a respiratory
therapist and one is a behavior analyst.
* * *
Section 2. The act is amended by adding a section to read:
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Section 13.7. Behavior analyst.
(a) Behavior analyst licensure.--An applicant for licensure
as a behavior analyst under this section shall meet all of the
following requirements:
(1) The applicant shall hold, as verified by the board,
a current certification from a certifying entity as a board-
certified behavior analyst or board-certified behavior
analyst-doctoral.
(2) The applicant shall have completed the education,
supervised fieldwork and examination requirements as
specified by a certifying entity and adopted by the board.
(3) The applicant shall have completed the academic
requirements of an accredited graduate degree program.
(4) The applicant shall have completed, as part of, or
in addition to, the educational requirements specified under
this subsection, a minimum number of hours of verified
behavior analytic graduate coursework as determined by a
certifying entity.
(5) The applicant shall have passed the examination
developed by a certifying entity that represents a
psychometrically and legally validated professional
examination in applied behavior analysis.
(b) Assistant behavior analyst licensure.--An applicant for
licensure as an assistant behavior analyst under this section
shall meet all of the following requirements:
(1) The applicant shall hold, as verified by the board,
a current certification from a certifying entity as a board-
certified assistant behavior analyst.
(2) The applicant shall have completed the education,
supervised fieldwork and examination requirements as
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specified by a certifying entity and adopted by the board.
(3) The applicant shall have completed the academic
requirements of an accredited undergraduate degree program.
(4) The applicant shall have completed, as part of, or
in addition to, the educational requirements specified under
this subsection, a minimum number of hours of verified
behavior analytic undergraduate coursework as determined by a
certifying entity.
(5) The applicant shall have passed the examination
developed by a certifying entity that represents a
psychometrically and legally validated professional
examination in applied behavior analysis.
(c) Use of title.--Except as provided under subsection (d),
an individual may not practice or hold oneself out as being
qualified to practice applied behavior analysis in this
Commonwealth unless the individual holds a current, unsuspended,
unrevoked license issued by the board.
(d) Exceptions.--Nothing in this section shall be construed
as prohibiting or restricting the practice of any of the
following:
(1) An individual who is licensed to practice psychology
in this Commonwealth if the applied behavior analysis
services provided by the licensed psychologist are practiced
within the psychologist's code of ethics as determined by
the State Board of Psychology and the licensed psychologist
does not represent himself or herself as a licensed behavior
analyst unless licensed under this section.
(2) An individual who is licensed to practice a
profession other than applied behavior analysis in this
Commonwealth and an individual supervised by an individual
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who is licensed to practice a profession other than applied
behavior analysis in this Commonwealth, if applied behavior
analysis is in the individual's statutory or regulated scope
of practice and the individual's scope of training and
competence. An individual who is licensed to practice a
profession other than applied behavior analysis in this
Commonwealth may not represent himself or herself as a
licensed behavior analyst unless licensed under this section.
(3) A behavior technician who delivers applied behavior
analysis services under the authority and direction of a
licensed behavior analyst or licensed assistant behavior
analyst or other professional licensed in this Commonwealth
who is approved by a certifying entity to supervise
credentialed behavior technicians in accordance with the
certifying entity's current supervision requirements. A
behavior technician under this paragraph may not represent
himself or herself as a licensed behavior analyst and shall
use a title that indicates the behavior technician's
nonlicensed status.
(4) A family member who delivers applied behavior
analysis services under the authority and direction of a
licensed behavior analyst or licensed assistant behavior
analyst. A family member under this paragraph may not
represent himself or herself as a licensed behavior analyst
and shall use a title that indicates the family member's
nonlicensed status.
(5) A behavior analyst who practices with nonhumans,
including applied animal behaviorists and animal trainers. A
behavior analyst under this paragraph may use the title
"behavior analyst," but may not represent himself or herself
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as a licensed behavior analyst or licensed assistant behavior
analyst unless licensed under this section.
(6) An individual who provides general applied behavior
analysis services to an organization 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
himself or herself as a licensed behavior analyst or licensed
assistant behavior analyst unless licensed under this
section.
(7) A matriculated college or university student or
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 in this
Commonwealth or a qualified faculty member. A matriculated
college or university student or postdoctoral fellow under
this paragraph may not represent himself or herself as a
licensed behavior analyst and shall use a title that clearly
indicates a trainee status.
(8) An unlicensed 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 in this Commonwealth who is approved by the
certifying entity to provide the supervision . An unlicensed
individual under this paragraph may not represent himself or
herself as a licensed behavior analyst and shall use a title
that clearly indicates a trainee status.
(9) An individual who teaches behavior analysis or
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conducts behavior-analytic research at an accredited college
o r universit y in this Commonwealth 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 himself or herself
as a licensed behavior analyst or a licensed assistant
behavior analyst unless licensed under this section.
(10) 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. An individual under this paragraph may not:
(i) represent himself or herself as a licensed
behavior analyst or licensed assistant behavior analyst
unless license d under this section;
(ii) offer applied behavior analysis services for an
entity other than the entity regulated by the Department
of Education; or
(iii) accept remuneration for providing applied
behavior analysis services other than the remuneration
the individual receives from the entity regulated by the
Department of Education unless licensed under this
section.
(11) An individual licensed to practice occupational
therapy. Nothing in this section shall be construed to
prohibit, limit, include or affect the practice of
occupational therapy.
(12) A nonresident of this Commonwealth who is licensed
to practice applied behavior analysis independently under the
laws of another state, the District of Columbia or a
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territory of the United States that has licensure
requirements substantially equal to the requirements under
this section as determined by the board and practices in this
Commonwealth for no more than 15 days in a calendar year.
(13) A nonresident of this Commonwealth who is certified
by a certifying entity to practice applied behavior analysis
independently under the laws of another state, the District
of Columbia or a territory of the United States and practices
in this Commonwealth for no more than 15 days in a calendar
year.
(e) Application requirements.--An applicant for licensure as
a behavior analyst or an assistant behavior analyst under this
section shall submit an application and requisite fees as
provided by the board. The application shall include evidence of
all of the following for verification by the board:
(1) A criminal background check conducted by the
Pennsylvania State Police, a State-approved child abuse
clearance and a Federal Bureau of Investigation
fingerprint- based record check in accordance with applicable
Federal law and 23 Pa.C.S. Ch. 63 (relating to child
protective services) conducted through the Department of
Education or Department of Human Services.
(2) Professional liability insurance that meets all of
the following criteria:
(i) The professional liability insurance is
effective by the next biennial period for license renewal
after the effective date of this paragraph. The board
shall accept any of the following from an applicant as
satisfactory evidence of professional insurance coverage
under this paragraph:
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(A) Self-insurance.
(B) Individually purchased professional
liability insurance.
(C) Professional liability insurance coverage
provided by the applicant's employer or any similar
type of coverage acceptable to the board.
(ii) The level of professional liability insurance
coverage is the minimum amount of $1,000,000 per
occurrence or claim made.
(3) For a licensed behavior analyst applicant, current
certification as a board-certified behavior analyst or board-
certified behavior analyst-d octo ral with a certifying entity.
(4) For a licensed assistant behavior analyst applicant,
current certification as a board-certified assistant behavior
analyst with a certifying entity and a letter from a licensed
behavior analyst in this Commonwealth who is approved by a
certifying entity to supervise board-certified assistant
behavior analysts stating that the licensed behavior analyst
is supervising the applicant in accordance with the
certifying entity's current requirements. The board shall
verify with the certifying entity that the licensed behavior
analyst has the necessary approval to supervise the applicant
under this paragraph.
(5) Good moral character as determined by the board and
as defined by the profession's code of ethics and other
conduct standards.
(6) If applicable, completion of the child abuse
recognition and continuing education required under
subsection (k).
(f) Licensure restrictions.--The board may not grant a
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license to an applicant as a behavior analyst or an assistant
behavior analyst under this section if the applicant has been:
(1) convicted of a felony offense under section
635.2(g)(3) of the act of May 17, 1921 (P.L.682, No.284),
known as The Insurance Company Law of 1921, unless:
(i) at least ten years has 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;
and
(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 patient s, the public or
additional criminal v iolations;
(2) has been convicted of, entered a plea of nolo
contendere to or has been adjudicated delinquent of a crime
for which the applicant has been required to register under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders) without regard to the time elapsed since
the date of the conviction, plea or adjudication or the
length of the registration required; or
(3) has been found guilty of unprofessional conduct as
defined by rules established by the board or violating the
profession's code of ethics or other conduct standards
established by a certifying entity.
(g) Temporary licenses.--
(1) The board may grant a temporary license under this
subsection to a nonresident who engages in the practice of
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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 independently under the laws of
another state, the District of Columbia or a territory of
the United States that has licensure requirements
substantially equal to the requirements under this
section.
(ii) The individual is certified by a certifying
entity to practice applied behavior analysis
independently, as verified by the board with the
licensing entity in the out-of-State jurisdiction or the
certifying entity.
(2) An applicant for a temporary license under this
subsection shall submit an application and a fee as
determined by the board and evidence that the applicant's
practice in th is Commonwealth is time-limited and the
individual holds valid liability insurance .
(h) Licensure by endorsement.--The board may issue a license
under this subsection by endorsement to an individual who is
currently licensed as a behavior analyst or an assistant
behavior analyst in good standing under the laws of another
state, the District of Columbia or a territory of the United
States that has licensure requirements substantially equal to
the requirements under this section. An applicant for licensure
under this subsection shall have the applicant's current license
verified by the board and comply with other requirements under
this section .
(i) Supervision. -- An individual who is currently licensed as
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a behavior analyst or an assistant behavior analyst in good
standing under the laws of another state, the District of
Columbia or a territory of the United States who has applied for
a temporary license or a license by endorsement under subsection
(g) or (h) may practice applied behavior analysis in this
Commonwealth under the supervision of an individual fully
licensed in this Commonwealth while awaiting approval of an
application submitted to the board under subsection (e).
(j) Renewal or expiration.-- A license issued under this
section shall be subject to biennial renewal. Before the
expiration of a license under this section, the board may issue
a license renewal upon the submission of all of the following:
(1) An application for renewal as provided by the board.
(2) A board verification of current certification in
good standing by a certifying entity, which signifies that
the applicant for renewal has met all requirements for
maintaining certification at the appropriate level.
(3) Payment of the renewal fee imposed by the board.
(4) Evidence of having active professional liability
insurance as specified under subsection (e)(2).
(5) A record of completion of a State-approved criminal
background check, a State-approved child abuse clearance and
a Federal Bureau of Investigation fingerprint-based record
check as specified under subsection (e)(1).
(6) If applicable, updated records of the completion of
the child abuse recognition and continuing education required
under subsection (k).
(7) Evidence of having completed the continuing
education required by a certifying entity and maintained
national certification by completing recertifying mechanisms
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available to the practice of applied behavior analysis.
(k) Child abuse recognition.--
(1) An applicant for a licens e under this section shall
report suspected child abuse as specified under 23 Pa.C.S.
Ch. 63 and shall complete at least three hours of approved
child abuse recognition and continuing education as specified
under 2 3 Pa.C.S. § 6383(b)(3).
(2) A license holder subject to paragraph (2) who
applies for the renewal of the license under subsection (j)
shall complete at least two hours of approved child abuse
recognition and reporting continuing education as provided
under 2 3 Pa.C.S. § 6383(b)(3).
(l) Liability insurance.--An individual licensed under this
section shall obtain and maintain professional liability
insurance as specified under subsection (e)(2). A license holder
shall notify the board within 30 days of the license holder's
failure to maintain professional liability insurance as
specified under subsection (e)(2). A license holder who fails to
notify the board under this subsection shall be subject to a
disciplinary action under subsection (n) and the license
holder's license shall automatically be suspended upon failure
to maintain professional liability insurance as specified under
subsection (e)(2). An individual's license shall not be restored
until the individual submits satisfactory evidence to the board
that the individual has obtained professional liability
insurance as specified under subsection (e)(2).
(m) Violations.--Any of the following shall constitute a
violation under this section:
(1) Except as provided under subsection (d), the
unlicensed practice of applied behavior analysis in this
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Commonwealth.
(2) Holding oneself out to be a licensed behavior
analyst or licensed assistant behavior analyst without
holding a license under this section.
(3) Except as provided under subsection (d), holding
oneself out as a licensed behavior analyst or a substantially
similar profession without holding a license under this
section.
(n) Disciplinary actions.--
(1) The board may refuse to issue or renew and may
suspend or revoke a license under this section of an
applicant or license holder by a vote of at least a majority
of the members of the board for any of the following reasons:
(i) Ineligibility for licensure, including,
ineligibility due to a failure to maintain active
certification by a certifying entity or falsification of
documentation submitted for licensure.
(ii) Aiding and abetting an unlicensed individual to
directly or indirectly perform activities requiring a
license for the practice of behavior analysis.
(iii) Engaging in professional misconduct,
incompetence, gross negligence or manifest incapacity in
the practice of behavior analysis.
(iv) Engaging in the practice of behavior analysis
while impaired by alcohol or drugs.
(v) Engaging in conduct or practice contrary to a
certifying entity's current professional and ethical
standards.
(vi) Failing to comply with, observe or adhere to a
Federal or State law in a manner that causes the board to
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determine that the applicant or license holder is unfit
to hold a license.
(vii) Having a license revoked or suspended or other
subject to disciplinary action by a Federal or State
agency for any reason that is provided by applicable
Federal or State law or under this section.
(viii) Having been convicted of a crime directly
related to the qualifications, functions or duties of the
practice of behavior analysis.
(ix) Failing to report in writing to the board a
disciplinary decision issued against the applicant or
license holder in an out-of-State jurisdiction within 30
days of the disciplinary decision.
(x) Failing to report in writing to the board
revocation or disciplinary action by a certifying entity
within 15 days of the action .
(xi) Employing, whether gratuitously or for pay, an
individual not licensed under this section to perform the
functions or duties of the practice of behavior analysis.
(2) When the board, after notice of a violation under
paragraph (1) and an opportunity for a hearing, finds that an
applicant or a license holder under this section has
committed a violation under paragraph (2), the board may take
any of the following actions:
(i) Administer a public reprimand.
(ii) Mandate specific continuing education.
(iii) Deny, revoke, suspend, limit or otherwise
restrict a license as determined by the board.
(iv) Suspend enforcement of the board's finding and
place a license holder on probation with the right to
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vacate the probationary order for noncompliance.
(v) Restore or reissue, at the board's discretion, a
suspended license to practice applied behavior analysis
and impose an alternative disciplinary or corrective
measure.
(vi) Issue a notice to a certifying entity.
(vii) Impose a fine of not more than $2,500.
(3) An individual aggrieved by a final order of the
board under paragraph (2) may appeal to the Bureau of
Professional and Occupational Affairs.
(o) Reinstatement of license.--
(1) Within three years, the board may reinstate a
license under this section that has lapsed upon the
completion of the license renewal requirements under
subsection (j), including payment of the required renewal fee
under subsection (j)(3) and a reinstatement fee established
by the board.
(2) The board may reinstate a license under this section
that has been revoked or suspended if the board determines
that the license holder is currently certified in good
standing at the appropriate level by a certifying entity. As
a condition of reinstatement, the board may impose reasonable
restrictions under which the license holder may engage in the
practice of applied behavior analysis.
(p) Committee.--
(1) The Behavior Analyst Advisory Committee is
established to assist the board in promulgating regulations
for the practice of applied behavior analysis and assist the
board regarding the licensure standards under this section
when a behavior analyst is not serving on the board. The
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board shall appoint the following members to committee:
(i) A board-certified behavior analyst-doctoral who
is eligible for licensure under this section and has a
minimum of five years' post-doctoral experience
designing, overseeing or delivering applied behavior
analysis services.
(ii) One or more board-certified behavior analysts
who are eligible for licensure under this section and
have a minimum of five years' experience designing,
overseeing or delivering applied behavior analysis
services.
(iii) A board-certified behavior analyst or
assistant behavior analyst who is eligible for licensure
under this section and has a minimum of five years'
experience in or experience assisting with the design,
oversight or delivery of applied behavior analysis
services.
(2) A member of the committee may not be a Federal or
State employee, hold a Federal or State contract or hold an
appointed position.
(3) A member of the committee shall be a resident of
this Commonwe alth and be a member of a national or State
nonprofit organization representing behavior analysts as
defined under section 501(c)(3) of the Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).
(q) Regulations.--The board shall promulgate regulations
necessary to implement this section.
(r) Definitions.--As used in this section, the following
words and phrases shall have the meaning given to them in this
subsection:
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"A ssistant behavior analyst." An individual who is certified
by a certifying entity as a board-certified a ssistant behavior
analyst and licensed under this section to assist in the
practice of behavior analysis under the supervision of a
licensed behavior analyst who is approved b y 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 and the licensed professional is approved by a certifying
entity to supervise assistant behavior analysts.
"Behavior analyst." An individual who is certified by a
certifying entity as a board-certified behavior analyst or
board-certified behavior analyst-doctoral and is licensed under
this section to engage in the independent practice of applied
behavior analysis.
" Behavior technician." A paraprofessional who practices
under the close, ongoing supervision and direction of a licensed
professional, delivers services as assigned by the supervisor
responsible for the individual's work and does not design
assessment or intervention plans or procedures. A
paraprofessional who meets the criteria specified in this
definition may be employed or supervised by another professional
licensed in this Commonwealth if the applied behavior analysis
services delivered by the individual are supervised by a
licensed behavior analyst, licensed assistant behavior analyst
or other professional licensed in this Commonwealth whose
legislated or statutory scope of practice includes applied
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behavior analysis and who is practicing within the boundaries of
the profession's code of ethics.
" 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 National Commission for Certifying Agencies or the
American National Standards Institute.
"Committee." The Behavior Analyst Advisory Committee
established under subsection (p)(1).
" Practice of applied behavior analysis." As follows:
(1) The design, implementation and evaluation of
instructional and environmental modifications with an
individual to produce socially significant improvements in
human behavior or prevent the loss of an attained skill or
function.
(2) The term includes all of the following:
(i) The empirical identification of functional
relations between behavior and environmental factors,
known as functional assessment and analysis.
(ii) Interventions based on scientific research and
direct and indirect observation and measurement of
behavior and environment.
(iii) The utilization of contextual factors,
motivating operations, antecedent stimuli, positive
reinforcement and other procedures to help individuals
develop new behaviors, increase or decrease existing
behaviors and emit behaviors under specific environmental
conditions.
(3) The term does not include the diagnosis of
disorders, psychological testing, psychotherapy, cognitive
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therapy, psychoanalysis and counseling.
Section 3. This act shall take effect in 60 days.
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