Article archive / February 1, 2013
Originally published: . Volume 4, No. 6. Source pages: 5, 6.
Report goes to Senate
Behavior Analysts Licensure and Regulation Study Commission met twice in January to finalize their recommendations in a report due to the Louisiana Senate on February 1, 2013. The commission was established by Senate Resolution 159 authored by Senator J. P. Morrell, who led opposition to a failed measure proposed by the state psychology board to place behavior analysts under the state psychology board.
In the January 25, 2013 meeting of the Commission, held at the Bienville Building in Baton Rouge, the group reviewed the proposed changes to their report, and made final corrections. The meeting was relatively short, about 45 minutes, compared to previous meetings.
Several quick decisions were made and one longer discussion occurred regarding the wording for an exemption about visiting Behavior Analyst Academic Professionals.
The members reviewed some changes and approved the report, which included in the executive summary, “This regulation regards only those individuals who perform behavior analysis and who are not licensed by another regulatory authority and/or those who hold themselves out as a Louisiana Licensed Behavior Analyst, Behavior Analyst, Louisiana Licensed Assistant Behavior Analyst or Assistant Behavior Analyst.”
The report is due February 1 to the Louisiana Senate.
The report gives a definition of Applied Behavior Analysis and identifies the Regulatory Authority, probably the most debated of the decisions made by the group, as the Louisiana Licensed Professional Counselors Board of Examiners (LPC board).
The report also sets out the scope of practice for the practice of behavior analysis as:
“… the design, implementation, and evaluation of systematic instructional and environmental modifications by a behavior analyst, to produce socially significant improvements in behavior. It includes the empirical identification of functional relations between behavior and environments. It uses direct observation and measurement of behavior and environment, 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 and the direct observation and measurement of behavior and environment. They utilize contextual factors, establishing operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.”
The recommended scope of practice goes on to note, “The practice of behavior analysis expressly excludes psychological testing, neuropsychology, cognitive therapy, diagnosis of psychiatric conditions, psychotherapy, sex therapy, psychoanalysis, hypnotherapy, and long term counseling as treatment modalities.”
Also defined is the title “Licensed Behavior Analyst,” “Licensed Assistant Behavior Analyst,” and “Applied Behavior Analyst Direct Contact Technician,” all to be regulated by the LPC board as regulatory authority, according to the report.
The terms BACB, BCBA, BCBA-D, and BCaBA are defined as being certified by the national accreditation agencies.
According to the report, the regulatory structure for the behavior analysts will expand the LPC board by two people, and who will also compose part of a subcommittee under the board. The subcommittee will be four individuals, appointed by the governor.
The report indicates, “The Title and Practice Act governing licensure of behavior analysts in Louisiana should recognize the practice of applied behavior analysis within the scope of services provided by the regulatory authority as a distinct, independent profession.”
Exemptions suggested by the authors include undergraduate, graduate, and doctoral students who are directly supervised by a Louisiana Licensed Behavior Analyst or an instructor in a BACB or otherwise approved course sequence.
Also, those pursuing experience consistent with a BACB or otherwise certified agency’s experience requirements, as long as the individual is registered and supervised by a Louisiana Licensed Behavior Analyst.
Non-human behavior analyst practice, such as animal behaviorists, are to be exempted.
And, visiting academic professionals will have exemptions, the exact wording changed in discussions at the January 25 meeting.
Exemptions for “Other Professionals:” notes, “Members of professions who are licensed or certified under the laws of this state should be permitted to render services consistent with their professional training, course work, experience and code of ethics, provided they do not represent themselves as Behavior Analysts (BAs), Assistant Behavior Analysts (ABAs), Licensed Behavior Analysts, Licensed Assistant Behavior Analysts, or use any such terms which may be misconstrued by the public as a Louisiana Licensed Behavioral Analyst or a Louisiana Licensed Assistant Behavior Analyst. The individuals of any professions who have earned the BCBA, BCBA- Doctorate (BCBA-D), or the BCaBA credentials ay designate themselves as such.”
The section on exemptions also includes a paragraph precisely on psychology. “Psychology: An individual authorized to practice Psychology within the state, so long as the applied behavior analysis services provided by the licensed psychologist are within the licensed psychologist’s education, training, and expertise.”
Qualifications for licensure include applications, fees, to “be of good moral character,” a background check, and to pass a jurisprudence examination. The qualifications include that the applicant must pass the national exam set forth by the BACB or another certifying agency. The report also indicates that the applicant must be certified by the BACB or other approved certifying agency.
Qualifications for the Assistant Behavior Analyst is similar to the qualifications of the Behavior Analyst, but the assistant is to submit documentation that he or she is directly supervised by a Louisiana Licensed Behavior Analyst.
The “Registration Criteria for the Louisiana Behavior Analyst Direct Contact/Line Technicians,” include a high school diploma or GED, criminal background check, education or training required for meeting needs of the individuals they will be working with, and be registered with the LPC board.
The report notes, “Direct contact/line technicians work directly with the patient/consumer to implement applied behavior analysis services under the direct supervision of a Licensed Behavior Analyst and are pivotal in the field of applied behavior analysis. In order to insure protection of the public, Licensed Behavior Analysts will be charged with ensuring any line technician working with them is registered with the regulatory authority …”
Other matters covered in the report included reciprocity, temporary or emergency licensure, disciplinary guidelines, licensure appeals process, complaints and investigations, license renewals and reinstatement.
From the previous meeting on January 11, the commission made some changes and additions, such as including the phrase “as recommended by the behavior analyst committee,” in sections on licensure appeals, complaints, and renewals.
The latest version of the commission’s report also includes titles for documents in the appendices. These are the list of members and attendance, structure of the Louisiana Behavior Analyst’s Regulatory Authority, link to the BACB Guidelines for Responsible Conduct and standards for examination. Also included was a section for a “Dissenting Opinion from the Louisiana Psychological Association.” Details of this opinion were not yet available.
In the spring, Senator J.P. Morrell said to the Senate Committee that he planned on taking the recommendations of the Study Commission forward in legislation this year.
Members of the BA community attended the Study Commission during the second half of 2012. Above are (L to R) Renee Guidry, BCBA, Cassie Bradford, BCBA, Janice Huber, BCBA, and Dolleen Day-Keohane, PhD, BCBA-D. Ms. Huber, BCBA, is Secretary for LaBAA, the Louisiana Behavior Analysis Association. Ms. Huber noted to the Times that many of the behavior analysts would have preferred an independent licensure board because they believe it would have been the best course for consumers and practitioners. However, given to the current political and economic climate, and small numbers in the profession at this time, she explained, it was not feasible. Dr. Grant Gautreaux, president of LaBAA, represented the wishes of the group in the December 7, 2013 meeting when he voted for a merged board structure with the LPC board.
Members of the Study Commission taking a break between discussions at the December 2012 meeting. On left is Mary Alice Olsan, Executive Director of the Counselors’ board. Dr. John Courtney, center, speaks with Dr. Robert Marier, the Executive Director of the State Medical Board. Dr. Courtney was a member of the state psychology board but resigned his position in December.
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