State legislation - Missouri SB 1030 - Creates the Behavior Analyst Advisory Board and requires licensing to engage in applied behavior analysis

On March 1, 2010, a bill was introduced in the Missouri Senate that would regulate the practice of applied behavior analysis in the state of Missouri by implementation of a professional license. This bill is similar to licensing provisions included in the perfected version of HB 1311 & 1341, an autism insurance bill that was passed in the Missouri House and introduced to the Missouri Senate on February 18, 2010.

SB 1030: AN ACT  To amend chapter 337, RSMo, by adding thereto ten new sections relating to the licensure of the profession of applied behavior analysis, with penalty provisions.

Full text as introduced

History
3/1/2010      S First Read
3/4/2010     Second Read and Referred to the Senate Financial and Governmental Organizations and Elections Committee

SB 1030 requires licensing for individuals who engage in the practice of applied behavior analysis interventions and creates the Behavior Analyst Advisory Board to make recommendations to the State Committee of Psychologists on the licensing requirements.

This Board would be under the authority of the State Committee of Psychologists and would consist of seven members:

• Three licensed behavior analysts, 
• One licensed behavior analyst holding a doctoral degree, 
• One licensed assistant behavior analyst, 
• One member of the committee who is a licensed psychologist, and 
• One public member.

Appointments to this Board by the Missouri Governor would be made upon the recommendations of the Director of the Missouri Division of Professional Registration, upon the advice and consent of the Missouri Senate. The Division, prior to submitting such nominations, would solicit nominees from professional associations and licensed behavior analysts or licensed assistant behavior analysts in Missouri

The State Committee of Psychologists would be authorized to review and resolve applications for licensing as a behavior analyst or assistant behavior analyst, until the Governor appoints the Behavior Analyst Advisory Board and the board has a quorum. After the Board is appointed, the Board is authorized to make recommendations to the State Committee of Psychologists about applications for licensure, disciplinary referrals, and approving the entities that certify behavior analysts. The State Committee of Psychologists would make all final decisions.

SB 1030 goes into some detail in defining applied behavior analysis, and specifics and limitations of scope of practice, grounds for disciplinary action and . It also details the licensing application process, issuance of temporary licenses, license renewal, for obtaining an inactive license, for obtaining a provisional license, disqualifications and exemptions (those providing services under the Individuals with Disabilities Education Act (IDEA) or in supervised clinics).

The license requirement would prohibit use of the title Licensed Behavior Analyst (LBA), or Licensed Assistant Behavior Analyst (LaBA) in Missouri unless licensed, and a person would be prohibited from the practice of applied behavior analysis unless

• An LBA, 
• An LaBA working under supervision of an LBA, 
• A person with the appropriate education who is obtaining supervised field experience in preparation for the licensure, 
• A licensed Psychologist practicing within the rules and standards of practice for psychologists within Missouri with practice commensurate with level of training and experience, 
• Those persons providing services under IDEA, 
• Those enrolled in a course of study at a recognized educational institution which requires application of applied behavior analysis as part of supervised clinical experience.

Under the provisions of SB 1030, any person who violates any provision of the act is guilty of a class A misdemeanor and the State Committee of Psychologists would also be authorized to seek an injunction against unlicensed practitioners.

This act is similar to the perfected version of HCS/HB 1311 & 1341 (2010).

For further reference

SB 1030
Full text as introduced

Missouri Senate

Past posts
Tuesday, February 16, 2010
Quicktake: Virginia and Missouri autism insurance bills pass floor votes

© 2010 Regina G. Claypool-Frey
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