Originally published: . Volume 4, No. 9. Source pages: 1, 3.
While Senate Bill 134 for the creation of a new, independent board for behavioral analysts needed tweaking to the tune of 37 amendments, most minor, it was passed favorably out of committee and easily passed the full Senate on Monday with a vote of 30 to 1.
Janice Huber, Certified Behavior Analyst and Secretary for the Louisiana Behavior Analysis Association (LaBAA), told the Times, “We endorse SB 134 as is currently written and are encouraged by it's legislative support and progress.”
The bill will create an independent board for behavior analysts and also regulate assistant behavior analysts and technicians, who will register with the board. Of the 37 amendments, many were minor. Included is “to provide for injunctive proceedings;” and substitution of “client” for “patient.” Also, “… counseling as treatment modalities” was changed to mental health counseling.”
A more detailed description of criminal background checking was added and also a section describing injunctive proceedings.
A change was made in the exemption for psychologists, so that now language includes those acting under the psychologist: "(9) An individual licensed 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. This includes individuals acting under the extended authority and direction of licensed psychologists. Licensed psychologists and those acting under their extended authority are prohibited from representing themselves as behavior analysts, licensed behavior analysts, assistant behavior analysts, or state certified assistant behavior analysts without being duly licensed or state certified."
An attached note from the Legislative Fiscal Office, suggests that the new board, the Licensed Behavior Analyst Board, will be helped by DHH. “… an unknown amount in startup expenditures for LBAB will have to be borne by DHH since LBAB will have to develop licensure and education requirements in rule before it can collect fees.”
And the Office also notes, “It is unclear if there is an impact on Medicaid expenditures as a result of this legislation. Behavior Analysts are not currently eligible for Medicaid reimbursement under the LBHP, and it is unclear if licensing will make them newly eligible for reimbursement for applied behavior analysis (ABA) or the other services they provide.”
Senate Bill 134 had its origins last year through a controversial effort on the part of the state psychology board to create a regulatory committee under psychology for the behavior analysts. The move was strongly opposed by many in autism support groups and in the behavior analyst community, especially the leaders of the LaBAA.
Senator J.P. Morrell emerged as a leader of this opposition which ended in a study commission created by Morrell’s resolution. Over six months from July to December last year the commission members thrashed out a decision for the behavior analysts to merge with the state counselors (LPC) board.
But then in late February, 2013, negotiations reached an impasse regarding language about an “equivalent” for the national certification.
This impasse required that a fallback option to be worked out by Senator J. P. Morrell’s office and wife Catherine Morrell, who served as Vice Chair for the Commission.
The fallback option was to merge the BAs with the psychology board. However, the Louisiana Psychological Association objected to members of another profession sitting on the psychology board. This left only an independent board, which may have been the preferred option of the LaBAA leaders all along.
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