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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
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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.
(c) Meetings of board.--The board shall meet at least twice
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.
(c) Limitation.--A person holding a valid license in another
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.
(c) Board action.--When the board, after notice of a
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;
or
(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.
(c) Confidentiality of complaint information.--All of the
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;
or
(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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