Regular Session 2019-2020 House Bill 1900 P.N. 2639

PRINTER'S NO. 2639

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1900

Session of

2019

INTRODUCED BY MEHAFFIE, MURT, RYAN, MATZIE, HILL-EVANS, HARKINS,

JAMES, IRVIN, McNEILL, ORTITAY, NEILSON, DiGIROLAMO,

DONATUCCI, MULLINS, RAVENSTAHL, TOOHIL, READSHAW, SOLOMON,

WARREN, LEWIS, KRUEGER, RADER, ROTHMAN, GALLOWAY, MASSER,

SIMS, STURLA, MADDEN, ROZZI, SIMMONS, KOSIEROWSKI, SCHLEGEL

CULVER, GREGORY, WEBSTER, HEFFLEY, SAPPEY, KIRKLAND, CIRESI,

STEPHENS, MARKOSEK, WHEATLEY, MALAGARI, NESBIT, THOMAS,

OTTEN, RIGBY, NELSON, MALONEY, CALTAGIRONE, PASHINSKI,

DAVIDSON, DELLOSO, ZABEL, POLINCHOCK, KORTZ, HANBIDGE,

SHUSTERMAN, BRIGGS, SANCHEZ, HOWARD, A. DAVIS, SNYDER,

TOBASH, KAIL, SCHWEYER, JOZWIAK, FLYNN, SCHLOSSBERG,

MARSHALL, DALEY, GAINEY, PETRARCA, HELM, HENNESSEY, CONKLIN,

DAY, TOEPEL, HOHENSTEIN, BROWN, BULLOCK, ULLMAN, MERSKI,

ROEBUCK, GAYDOS, ISAACSON, DEASY, STAATS, DeLUCA, CEPHAS,

FRANKEL, SCHMITT, MOUL, BIZZARRO, QUINN, SCHROEDER, FARRY,

T. DAVIS, BERNSTINE, KIM, KENYATTA, FREEMAN, STRUZZI, KULIK,

HAHN, BROOKS AND KLUNK, SEPTEMBER 30, 2019

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,

SEPTEMBER 30, 2019

AN ACT

Providing for licensure of behavior analysts and assistant

behavior analysts; establishing the Behavior Analyst

Licensing Board and providing for its membership, powers and

duties; establishing the Behavior Analyst Licensure Fund; and

providing for penalties.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Legislative findings and declaration of policy.

Section 102. Short title.

Section 103. Definitions.

Chapter 3. Board

Section 301. Behavior Analyst Licensing Board.

Section 302. Powers and duties of board.

Chapter 5. Licensure

Section 501. Qualifications for licensure.

Section 502. Application process.

Section 503. Temporary license.

Section 504. Licensure by endorsement.

Section 505. License expiration, renewal and other status.

Section 506. Child abuse recognition and reporting continuing

education.

Chapter 7. Administration and Enforcement

Section 701. Behavior Analyst Licensure Fund.

Section 702. Sanctions and disciplinary action.

Section 703. Reinstatement of license.

Section 704. Consumer protection and complaint procedures.

Chapter 21. Miscellaneous Provisions

Section 2101. Application.

Section 2102. Regulations.

Section 2103. Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Legislative findings and declaration of policy.

The General Assembly finds and declares as follows:

(1) The practice of applied behavior analysis affects

the health, safety and welfare of the residents of this

Commonwealth.

(2) Individuals practicing applied behavior analysis

shall be subject to regulation to protect the public from the

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practice of applied behavior analysis by unqualified

individuals and to prevent unprofessional, unethical and

harmful conduct.

Section 102. Short title.

This act shall be known and may be cited as the Behavior

Analyst Licensure Act.

Section 103. 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:

"Behavior technician." An individual who practices under the

supervision and direction of a licensed professional, delivers

services as assigned by the clinical supervisor responsible for

the individual's work and does not design assessment or

intervention plans or procedures. A behavior technician may be

employed or supervised by another professional licensed in this

Commonwealth, provided that any applied behavior analysis

services delivered by the technician are supervised by a

licensed behavior analyst, licensed assistant behavior analyst

or other professional licensed in this Commonwealth whose

legislated scope of practice includes applied behavior analysis

and who is practicing within the boundaries of the

professional's code of ethics. A behavior technician who holds

the Behavior Analyst Certification Board's registered behavior

technician credential shall obtain supervision from a licensed

behavior analyst, licensed assistant behavior analyst or other

professional licensed in this Commonwealth who is approved by

the certifying entity to supervise registered behavior

technicians in accordance with the certifying entity's current

supervision requirements.

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"Board." The Behavior Analyst Licensing Board established

under section 301.

"Certifying entity." The Behavior Analyst Certification

Board or another entity whose programs to credential

practitioners of applied behavior analysis are accredited by the

National Commission for Certifying Agencies or the American

National Standards Institute.

"Conviction." A judgment, admission of guilt or plea of nolo

contendere.

"Fund." The Behavior Analyst Licensure Fund established

under section 701.

"Licensed assistant behavior analyst." An individual who is

certified by the certifying entity as a board-certified

assistant behavior analyst and who is licensed under this act to

engage in the practice of applied behavior analysis under the

supervision of a licensed behavior analyst who is approved by

the certifying entity to supervise assistant behavior analysts.

A licensed assistant behavior analyst may be employed or

supervised by another professional licensed in this Commonwealth

whose legislated scope of practice includes applied behavior

analysis, provided that the licensed professional practices

within the boundaries of the professional's code of ethics. If

the licensed professional is not approved by the certifying

entity to supervise assistant behavior analysts, then the

licensed assistant behavior analyst shall also obtain

supervision from a licensed behavior analyst in this

Commonwealth who is approved by the certifying entity to

supervise assistant behavior analysts in accordance with the

certifying entity's current supervision requirements.

"Licensed behavior analyst." An individual who is certified

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by the certifying entity as a board-certified behavior analyst

or board-certified behavior analyst-doctoral and is licensed

under this act to engage in the practice of applied behavior

analysis.

"License holder." An individual holding an active license

under this act.

"Practice of applied behavior analysis." The design,

implementation and evaluation of instructional and environmental

modifications to produce socially significant improvements in

human behavior or prevent the loss of an attained skill or

function. The practice of applied behavior analysis includes the

empirical identification of functional relations between

behavior and environmental factors, known as functional

assessment and analysis. Applied behavior analysis interventions

are based on scientific research analysis and direct and

indirect observation and measurement of behavior and

environment. An individual practicing applied behavior analysis

utilizes 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. The practice of applied behavior analysis excludes

diagnosis of disorders, psychological testing, psychotherapy,

cognitive therapy, psychoanalysis and counseling.

CHAPTER 3

BOARD

Section 301. Behavior Analyst Licensing Board.

(a) Establishment.--The Behavior Analyst Licensing Board is

established. The board shall promulgate regulations and

establish fees necessary to implement this act and investigate

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complaints relating to the practice of applied behavior analysis

by a licensed behavior analyst, licensed assistant behavior

analyst or any other individual alleged to be in violation of

this act.

(b) Membership.--The board shall consist of five members

appointed by the Governor as follows:

(1) The members shall include:

(i) One board-certified behavior analyst-doctoral

who is eligible for licensure under this act and has a

minimum of five years' post-doctoral experience

designing, overseeing or delivering applied behavior

analysis services.

(ii) Two board-certified behavior analysts who are

eligible for licensure under this act and have a minimum

of five years' experience designing, overseeing or

delivering applied behavior analysis services.

(iii) One board-certified behavior analyst or

assistant behavior analyst who is eligible for licensure

under this act and has a minimum of five years'

experience in or experience assisting with the design,

oversight or delivery of applied behavior analysis

services.

(iv) One public member who is not a professional

behavior analyst.

(2) The board-certified behavior analyst-doctoral,

board-certified behavior analyst and board-certified

assistant behavior analyst members of the board shall apply

for licensure under this act as soon as feasible.

(3) Appointments to the board shall be made without

regard to the race, color, disability, sex, sexual

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orientation, religion, age or national origin of the

appointee.

(4) Terms of the initial board members shall be as

follows:

(i) The board-certified behavior analyst-doctoral

shall serve a term of three years.

(ii) The board-certified behavior analysts under

paragraph (1)(ii) shall serve terms of two years.

(iii) The board-certified behavior analyst or

assistant behavior analyst under paragraph (1)(iii) shall

serve a term of one year.

(iv) The public member shall serve a term of two

years.

(5) The terms of subsequent board members shall be for

three years, and no member shall serve more than two

consecutive terms.

(6) A vacancy on the board shall be filled in the manner

of the original appointment for the unexpired portion of the

term.

(7) The Governor, after notice and opportunity for a

hearing, may remove any member of the board for malfeasance,

neglect of duty, incompetency or revocation or suspension of

a license.

(8) The board may request the removal of a board member

by the Governor.

(9) The board shall annually elect a chair, vice chair

and secretary.

(10) Members of the board may not receive a salary but

shall be allowed reimbursement for mileage and subsistence

and receive a per diem as deemed necessary by the board.

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(11) There shall be no liability on the part of, and no

action for damages against, any current or former board

member, representative, agent or employee of the board when

the individual is functioning within the scope of board

duties, acting without malice and with the reasonable belief

that the actions taken by the individual are permitted by

law.

annually and may meet at such other times as necessary to

complete the business required. A majority of the members of the

board shall constitute a quorum for the transaction of business.

(d) Board staff and expenses.--The board may employ an

executive secretary and any clerical or other assistants as

necessary for the performance of the board's work and may make

expenditures of funds for any purpose which in the opinion of

the board is necessary for proper performance of the board's

duties, including compensation of the executive secretary.

Section 302. Powers and duties of board.

(a) General rule.--The board shall:

(1) Review applications for initial licensure and

renewals, collect required fees, make determinations on

alleged violations, check certifications and clearances and

issue licenses if appropriate.

(2) Have the power to institute proceedings for a

violation of this act.

(3) Have the power and duty to deny, approve, issue,

revoke, suspend or renew licenses of applicants and licensed

behavior analysts and licensed assistant behavior analysts

under this act and conduct hearings in connection with those

powers and duties.

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(4) Have the authority to administer oaths, receive

evidence, interview individuals, issue subpoenas and require

the production of books, papers, documents or other evidence.

(5) Hold meetings at the call of the chair or at the

call of a majority of members of the board upon not less than

10 days' written notice, unless notice shall be waived. The

presence of any member at a meeting of the board shall

constitute a waiver of notice by the member.

(6) Maintain a book to keep the minutes containing a

record of all meetings of the board.

(7) Maintain a register of all individuals licensed

under this act. The register shall contain the names of every

license holder in this Commonwealth, the license holder's

last reported business and residential address and telephone

numbers and the date and number of the holder's license. A

license holder shall notify the board of a change of name,

address or telephone number within 90 days of the change.

(8) Annually update the board's records.

(9) Annually make available a current directory of all

licensed behavior analysts, licensed assistant behavior

analysts and temporary license holders.

(10) Adopt a seal which shall be affixed to every

license granted by the board.

(b) Regulation of practice of applied behavior analysis.--

The board shall:

(1) Have the responsibility of evaluating the

qualifications of applicants for licensure.

(2) Promulgate rules and regulations that:

(i) Establish standards for temporary licensure and

inactive and retirement status.

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(ii) Govern the physical and mental examination of

licensed behavior analysts, licensed assistant behavior

analysts and temporary license holders who may be

impaired by reason of a mental, physical or other

condition that impedes the individual's ability to

practice competently. For purposes of enforcing this

section, the board shall have the power to order an

immediate temporary suspension of licensure if there is a

reasonable cause to believe that a licensed behavior

analyst, licensed assistant behavior analyst, temporary

license holder or applicant may be impaired by reason of

a mental, physical or other condition that impedes the

individual's ability to practice competently.

(iii) Establish reasonable fees for the licensure

and license renewal of licensed behavior analysts,

licensed assistant behavior analysts and temporary

license holders.

CHAPTER 5

LICENSURE

Section 501. Qualifications for licensure.

(a) Licenses.--Except as provided in subsection (b), no

person may practice or hold oneself out as being able to

practice applied behavior analysis in this Commonwealth unless

the person holds a current, unsuspended, unrevoked license

issued by the board.

(b) Exclusions.--The provisions of this section shall not be

construed as prohibiting or restricting the practice of any of

the following:

(1) An individual licensed to practice psychology in

this Commonwealth, so long as the applied behavior analysis

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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 oneself as a licensed behavior analyst unless

also licensed under this act.

(2) An individual licensed to practice another

profession in this Commonwealth and those who deliver

services under the licensed individual's supervision, so long

as applied behavior analysis is in the profession's

legislated scope of practice and the professional practices

in accordance within the professional's code of ethics. The

licensed individual shall not represent oneself as a licensed

behavior analyst unless also licensed under this act.

(3) A behavior technician or family member who delivers

applied behavior analysis services under the extended

authority and direction of a licensed behavior analyst, a

licensed assistant behavior analyst or another licensed

professional excluded under this act, provided that in the

latter case, applied behavior analysis is in the legislated

scope of practice of that profession and the licensed

professional practices within the professional's code of

ethics. The individual may not represent oneself as a

professional behavior analyst and shall use a title that

indicates the individual's nonprofessional status.

(4) A behavior analyst who practices with nonhumans,

including applied animal behaviorists and animal trainers.

The individual may use the title "behavior analyst" but may

not represent oneself as a licensed behavior analyst or a

licensed assistant behavior analyst unless also licensed

under this act.

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(5) An individual who provides general applied behavior

analysis services to organizations, so long as these services

are for the benefit of the organizations and do not involve

direct services to individuals. The individual may use the

title "behavior analyst" but may not represent oneself as a

licensed behavior analyst or a licensed assistant behavior

analyst unless also licensed under this act.

(6) 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. The individual

may not represent oneself as a licensed behavior analyst and

shall use a title that clearly indicates the individual's

trainee status.

(7) An unlicensed individual pursuing supervised

experiential training in applied behavior analysis consistent

with a certifying entity's requirements, provided that the

experience is supervised by a licensed behavior analyst or

licensed psychologist in this Commonwealth who is approved by

the certifying entity to provide the supervision. The

individual may not represent oneself as a licensed behavior

analyst and shall use a title that clearly indicates the

individual's trainee status.

(8) An individual who teaches behavior analysis or

conducts behavior-analytic research at an accredited college

or university, provided that those activities do not involve

the direct delivery of applied behavior analysis services

beyond the typical parameters of applied research. The

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individual may use the title "behavior analyst" but may not

represent oneself as a licensed behavior analyst or a

licensed assistant behavior analyst unless also licensed

under this act.

(9) An individual employed by an entity regulated by the

Department of Education who delivers applied behavior

analysis services to individuals served by the entity. The

individual may not represent oneself as a licensed behavior

analyst or a licensed assistant behavior analyst unless

licensed under this act and may not offer applied behavior

analysis services to any individuals or employers other than

the entity or accept remuneration for providing applied

behavior analysis services other than the remuneration the

individual receives from the entity.

Section 502. Application process.

(a) Application.--An applicant for licensure as a behavior

analyst or assistant behavior analyst shall submit an

application and requisite fees as provided by the board. The

application shall include evidence of the following:

(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 either the Department of Education or the

Department of Human Services.

(2) For a licensed behavior analyst applicant, a copy of

the applicant's current certification as a board-certified

behavior analyst or board-certified behavior analyst-

doctoral. The board shall verify the applicant's status with

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the certifying entity.

(3) For a licensed assistant behavior analyst applicant,

the following:

(i) A copy of the applicant's current certification

as a board-certified assistant behavior analyst. The

board shall verify the applicant's status with the

certifying entity.

(ii) A letter from a licensed behavior analyst in

this Commonwealth who is approved by the 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.

(4) Good moral character as determined by the board.

(b) Licensure restrictions.--The board may not grant a

license to an applicant who:

(1) Has been 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 at least

10 years have elapsed from the date of conviction and the

applicant has satisfactorily demonstrated to the board that

the applicant has made significant progress in personal

rehabilitation since the conviction and that licensure of the

applicant should not be expected to create a substantial risk

of harm to the health and safety of the applicant's patients

or the public or a substantial risk of further criminal

violations.

(2) Has been convicted of, entered a plea of nolo

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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.

(3) Has failed to satisfy the board that the applicant

is of good moral character.

Section 503. Temporary license.

A behavior analyst licensed in another jurisdiction or

certified by a certifying entity to practice independently who

provides applied behavior analysis services in this Commonwealth

on a time-limited basis as defined by the board by regulation

may apply for a temporary license. An applicant for a temporary

license shall submit an application and fee as provided by the

board and evidence that the applicant's practice in the

jurisdiction is time limited. A temporary license shall only be

granted if the board verifies the validity of the applicant's

certification with the licensed certifying entity or determines

that the individual is licensed in good standing in another

jurisdiction that imposes licensure requirements comparable to

those specified in this act.

Section 504. Licensure by endorsement.

(a) Board authority.--The board may issue a license to an

individual who is currently licensed as a behavior analyst or

assistant behavior analyst in good standing in another

jurisdiction that imposes licensure requirements comparable to

those specified in this act. An applicant for licensure shall

have the applicant's current license verified by the board and

comply with other requirements under this act.

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(b) Requirements.--An applicant for licensure shall provide

the board with a State-approved criminal background check, 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 either the Department of

Education or the Department of Human Services.

state to practice applied behavior analysis and who has applied

for a license in this Commonwealth under the provisions of this

act may practice applied behavior analysis under the supervision

of a person fully licensed in this Commonwealth while awaiting

approval of the license application.

Section 505. License expiration, renewal and other status.

(a) General rule.--A license issued under this act shall be

valid for two years. Prior to expiration of a license, the board

may issue a license renewal upon submission of the following:

(1) An application for renewal as provided by the board.

(2) Board verification of current certification in good

standing by the 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) 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 in accordance with applicable Federal law and 23

Pa.C.S. Ch. 63 (relating to child protective services)

conducted through either the Department of Education or the

Department of Human Services.

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(5) Updated records of completion of the child abuse

recognition and reporting continuing education required under

section 506(b), if applicable.

(b) Inactive or retired status.--The board may adopt a

system for placing an individual licensed under this act on

inactive or retired status.

Section 506. Child abuse recognition and reporting continuing

education.

(a) Applicants for license.--An applicant for licensure

under this act shall report suspected child abuse as provided

under 23 Pa.C.S. Ch. 63 (relating to child protective services)

and shall complete at least three hours of approved child abuse

recognition and reporting continuing education as provided under

23 Pa.C.S. § 6383(b)(3) (relating to education and training).

(b) License renewals.--A license holder subject to

subsection (a) applying for the renewal of a license under this

act shall complete at least two hours of approved child abuse

recognition and reporting continuing education as provided under

23 Pa.C.S. § 6383(b)(3).

CHAPTER 7

ADMINISTRATION AND ENFORCEMENT

Section 701. Behavior Analyst Licensure Fund.

The Behavior Analyst Licensure Fund is established as a

special fund in the State Treasury. All fees received by the

board and all penalties assessed in accordance with this act

shall be deposited into the Behavior Analyst Licensure Fund to

be used by the board for the administration of this act.

Section 702. Sanctions and disciplinary action.

(a) Violations.--The following shall constitute a violation

of this act:

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(1) The unlicensed practice of applied behavior analysis

in this Commonwealth, unless exempt under section 501(b).

(2) To hold oneself out to be a licensed behavior

analyst or licensed assistant behavior analyst unless the

individual is licensed under this act.

(3) To hold oneself out as a professional, clinical

behavior analyst, or use a substantially similar term, unless

the individual is exempt under section 501(b).

(b) Revocation and other disciplinary action.--The board may

refuse to issue or renew and may suspend or revoke a license of

any person or applicant by a vote of at least a majority of the

members of the board for any of the following reasons:

(1) Ineligibility for licensure, including, but not

limited to, failure to maintain active certification by a

certifying entity or falsification of documentation submitted

for licensure.

(2) Aiding and abetting an unlicensed individual to

directly or indirectly perform activities requiring a license

for the practice of behavior analysis.

(3) Engaging in professional misconduct, incompetence,

gross negligence or manifest incapacity in the practice of

behavior analysis.

(4) Engaging in the practice of behavior analysis while

impaired by alcohol or drugs.

(5) Engaging in conduct or practice contrary to a

certifying entity's current professional and ethical

standards.

(6) Failing to comply with, observe or adhere to any law

in a manner that causes the board to determine that the

applicant or license holder is unfit to hold a license.

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(7) Having a license revoked or suspended or other

disciplinary action by a Federal or State agency for any

reason that is provided by applicable licensing laws or by

this section.

(8) Having been convicted of a crime directly related to

the qualifications, functions or duties of the practice of

behavior analysis.

(9) Failing to report in writing to the board any

disciplinary decision issued against the applicant or license

holder in another jurisdiction within 30 days of the

disciplinary decision.

(10) Failing to report in writing to the board

revocation or disciplinary action of the certification of a

license holder by a certifying entity within 15 days of the

revocation.

(11) Employing, whether gratuitously or for pay, an

individual not licensed under this act to perform the

functions or duties of the practice of behavior analysis.

violation of this act and an opportunity for a hearing, finds

that the license of any behavior analyst or assistant behavior

analyst may be refused, revoked or suspended under this section,

the board may:

(1) Administer a public reprimand.

(2) Mandate specific continuing education.

(3) Revoke, suspend, limit or otherwise restrict a

license as determined by the board.

(4) Suspend enforcement of the board's finding thereof

and place a license holder on probation with the right to

vacate the probationary order for noncompliance.

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(5) Restore or reissue, in the board's discretion, a

suspended license to practice applied behavior analysis and

impose any disciplinary or corrective measure which the board

might originally have imposed.

(6) Issue a notice to a certifying authority.

(7) Impose a fine of not more than $2,500.

(d) Appeal.--An individual aggrieved by a final order of the

board denying, suspending or revoking a license may appeal to

the Bureau of Professional and Occupational Affairs in the

Department of State.

Section 703. Reinstatement of license.

(a) Lapsed license.--Within three years, the board may

reinstate a license that has lapsed upon completion of all

renewal requirements, including payment of the required renewal

fee and a reinstatement fee to be established by the board.

(b) Revoked or suspended license.--The board may reinstate a

license that has been revoked or suspended if the board

determines that the applicant 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 practice.

Section 704. Consumer protection and complaint procedures.

(a) Duty to report by license holders and employers.--A

license holder or an employer of a license holder having actual

or direct knowledge of facts shall report to the board a

licensed behavior analyst or licensed assistant behavior analyst

who:

(1) has been convicted of a felony that involved an act

that bears directly on the qualifications or ability of the

applicant or license holder to practice behavior analysis;

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(2) is suspected of fraud or deceit in procuring or

attempting to procure a license to practice behavior analysis

or of negligently performing actions that justify action

against a licensed behavior analyst's or licensed assistant

behavior analyst's license;

(3) has had a license to practice as a behavior analyst

or assistant behavior analyst denied, limited, suspended,

probated or revoked in another jurisdiction on grounds

sufficient to cause a license or certificate to be denied,

limited, suspended, probated or revoked in this Commonwealth;

(4) has had a certification revoked or suspended by the

certifying entity.

(b) Duty to report by others.--An individual having actual

or direct knowledge of facts shall report to the board an

individual who is practicing behavior analysis without a current

license issued by the board. The following shall apply:

(1) The board shall provide reasonable assistance to an

individual who wishes to file a complaint regarding an

individual or activity regulated under this act.

(2) The board shall provide information on filing a

complaint about a licensed behavior analyst, licensed

assistant behavior analyst or temporary license holder or an

individual who is practicing behavior analysis without a

license.

following shall apply:

(1) Except as provided by law, a complaint and

investigation and all information and materials compiled by

the board in connection with the complaint and investigation

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shall remain confidential.

(2) A complaint or investigation under this section and

relevant information and materials compiled by the board in

connection with the complaint may be disclosed to:

(i) The board and employees or agents of the board

involved in discipline.

(ii) A party to a disciplinary action or that

party's designated representative.

(iii) A law enforcement agency if required by law.

(iv) A governmental agency if:

(A) The disclosure is required by law.

(B) The agency obtaining the disclosure protects

the identity of any patient whose records are

examined.

(3) The board shall protect the identity of a patient

whose records are examined in connection with a disciplinary

investigation or proceeding, except:

(i) a patient who initiates the disciplinary action;

(ii) a patient who has submitted a written consent

to release records.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101. Application.

An individual eligible for and seeking licensure under this

act must submit an application for licensure within 24 months of

the effective date of this section.

Section 2102. Regulations.

(a) General rule.--The board shall:

(1) Promulgate regulations necessary to carry out the

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provisions of this act.

(2) Promulgate temporary regulations which shall expire

no later than five years following publication. The board may

promulgate temporary regulations not subject to:

(i) 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.

(ii) Section 204(b) of the act of October 15, 1980

(P.L.950, No.164), known as the Commonwealth Attorneys

Act.

(iii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(b) Temporary regulations.--The authority provided to the

board to adopt temporary regulations under subsection (a)(2)

shall expire five years following the publication of the

temporary regulations. Regulations adopted after this period

shall be promulgated as provided by law.

Section 2103. Effective date.

(1) Sections 501(a) and 702(a) shall take effect in two

years.

(2) The remainder of this act shall take effect in 60

days.

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