Article archive / June 1, 2012
Originally published: . Volume 3, No. 10. Source pages: 1, 3, 4.
Debates End in Resolution for Study Group
A series of bills authored by Senator Dan Claitor on behalf of the Louisiana State Board of Examiners of Psychologists (LSBEP) came to an end on May 1 when the Senate voted to send the measure back to com- mittee. The bill would have placed Behavior Analysts under the psychology board
Senator J. P. Morrell, who had emerged as a leading opponent of the LSBEP effort, offered a Senate Resolution to create a study group on the issue. Resolution 110 passed the Senate on May 17 and created the “Behavior Analysts Licensure and Regulations Study Commission.”
In what some might view as awkward, Senator J.P. Morrell, testified at the Senate and Governmental Affairs Committee on May 16, saying, “Basically there’s been a lot of contention about the licensure and regulation of the behavior analysts, who deal with autistic children. There’s been a very contentious kind of relation- ship between myself and Senator Claitor over this issue.”
Morrell continued, “What this resolution seeks to do is to create a study group, over the next year, with all parties, including Senator Claitor’s groups involved, to work towards, having them work with our oversight to create a bill that I will carry next year, to deal with the licensure of the behavior analysts.”
Senator Amedee asked, “Is there any reason why Senator Claitor’s name isn’t on your resolution?”
Senator Morrell answered, “Have you met Senator Claitor?” (laughs) “I don’t know why his name’s not on it, he may want it on later, I don’t know, I can’t speak for him.” After a short discussion the committee passed the measure.
The passage of SR 110 creates a “Study Commission” to consist of ten members.
They are to be the Secretary of the Department of Health and Hospitals, or designee, the State Superintendent of Education, or designee, and the Executive Director of the LSBEP, or designee.
Also to be included are the Executive Director of the Louisiana Licensed Professional Counselors Board of Examiners, or designee, the Executive Director of the Louisiana Behavior Analysis Association, or designee, and the Executive Director of the Louisiana Board of Examiners for Speech- Language Pathology and Audiology, or designee.
Also the Dean of the College of Education, Nicholls State University, or designee, President of the Louisiana Psychological Association, or designee, the Chair of the Louisiana State Board of Social Work Examiners, or designee, and Executive Director of the Louisiana State Board of Medical Examiners, or designee, are to be members of the commission.
According to the Resolution, the study group is to have the first meeting on or before September 1, 2012, and to report to the Senate on the “baseline framework for licensure and regulation of behavior analysts” on or before December 31, 2012.
SB 185 to regulate Behavior Analysts under LSBEP was first heard in the Senate Commerce, Consumer Protection, & International Affairs Committee on April 4, 2012. The bill met with resistance and members voted to table the measure.
Senator Claitor then reintroduced the bill which was heard in Senate Health & Welfare Committee, on April 25. Speaking for the psychology board were Dr. John Courtney and Ms. Kelly Parker. Also speaking was LPA President Dr. Phillip Griffin, and psychologists Dr. Lacey Seymour and Dr. Brian Esteve. Ms. Melissa Juno, Executive Director of Baton Rouge Speech and Hearing was one of several others who spoke in support.
Among those speaking in opposition were Dr. Grant Gautreaux, Assistant Professor of Education at Nicholls State U. and President of Louisiana Association of Behavior Analysts, Charles Tubre from the Advocacy Center, and Dr. Mary Christian, a Baton Rouge physician.
During the legislative process the LSBEP responded to feedback from Behavior Analysts, making a number of changes in their proposal. These included making the regulatory situation temporary, including certification of technicians, and changing certain qualifications to match those of the national certification standards.
At an LSBEP presentation and public meeting held on April 18, during the LPA Convention, a group of approximately 15 behavioral analysts and parents attended and voiced a number of objections to the proposed legislation. After about an hour of discussion one parent concluded that the basic problem was the BAs didn’t like the psychology board and did not want to be regulated by them.
Despite compromises, opposition to the LSBEP proposal remained strong. Online petitions regarding the bill showed heavy voting against the measure.
According to the LSBEP minutes, in October 2011, Drs. Young, Culross, and Matthews noted that the topic of Behavior Analysts was discussed at the Association of State and Provincial Psychology Boards.
Prior to that, in June 2011, Dr. Comaty, as Liaison to Professional Organizations and Boards, reported, “… that an objection letter was sent to Board of Elementary and Secondary Education in response to Bulletin 746 Louisiana Standards for State Certification of School Personnel: 421 which promulgated rules to employ behavioral analysts.”
In November 2011 LSBEP minutes Dr. Courtney reported that he was gathering information. And in February 2012, the minutes note that Dr. Courtney and Ms. Parker had met with a “key legislator” and that they would continue to educate others, as well as seek support from the Louisiana Psychological Association (LPA).
LPA President Dr. Phillip Griffin wrote in the LPA newsletter that the association’s leadership had been approached by the LSBEP about the bill. He explained that LPA would agree to assist only if the BAs would remain autonomous.
The Times contacted Dr. Grant Gautreaux, President of Louisiana Behavior Analysis Association (LaBAA) who noted, "Myself and my colleagues are cautiously optimistic about the current state of affairs.”
He explained that he and his colleagues "embrace the study commission as an opportunity to further educate others about the discipline we are so thoroughly trained and experienced in practicing."
Psychology board at April 18 public meeting. L to R: Dr. M. Zimmermann, K. Parker, Drs. T. Young, R. Culross, and J. Courtney.
Dr. Tony Young, Chair of the state psychology board, reviews his notes at the April presentation and public meeting of the board, held on April 18. According to sources, the board invited members of the community to voice ideas and complaints regarding the board’s legislation to regulate Behavior Analysts.
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