State legislation: California - Amended SB 1282 to certify California behavior analysts reported from Senate committee with a "do pass" recommendation

On May 3, 2010 the amended California SB 1282 was reported with a "do pass" recommendation from the Senate Business, Professions and Economic Development Committee by a vote of 5 to 3.

Bill No: SB 1282 Author:Steinberg

SUBJECT: Applied behavior analysis services: California Behavioral Certification Organization.

SUMMARY: Creates the California Behavioral Certification Organization (CBCO) and provides for the certification of applied behavior analysts and applied behavior analyst assistants by the CBCO.

The analysis for the Committee describes in lay-friendly language the current version of SB 1282 itself, current state regulation, relevant history, rationale for the legislation, prior legislation, and those who currently support and those in opposition to SB 1282.

Within the analysis, the distinction is made that SB 1282 would establish a title act; authorizing use of the title of "certified applied behavior analyst" or "certified applied behavior analyst assistant" by those who engage in the defined activities of applied behavior analysis, meet the stated education and other criteria, and are certified by the California Behavioral Certification Organization (CBCO), a non-profit corporation. It prohibits non-certified persons from use of those titles. (One area of potential conflict noted is the specific titles, which may conflict with those used by BACB certificants; potentially amendment may be required to prevent infringement on the BACB terms.) This is distinct and separate from a practice protection act, which would confer along with licensure the exclusive right to practice a given profession.

As noted, the CBCO would be a non-profit corporation with authority, composition and responsibilities as defined in SB 1282, and not a state-operated certification or program under a state agency. The CBCO would be prohibited from issuing certificates prior to September 11, 2011, and a "sunset review process" would be imposed for January 1, 2017. One means of granting of the certificate by the CBCO would be previous certification by the BACB as well as other requirements of fees and background checks.

For full analysis and specific language, see the posted legislative documents.

For further reading
Bill Analysis dated 29 April 2010
Bill No: SB 1282 Author:Steinberg
As Amended:April 28, 2010
04/29/10 - Sen. Business, Professions And Economic Development

Bill Documents - SB 1282

Past post
Wednesday, April 28, 2010
State legislation: California - SB 1282 would regulate the practice of applied behavior analysis

© 2010 Regina G. Claypool-Frey
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