Article archive / June 1, 2013
Originally published: . Volume 4, No. 10. Source pages: 1, 3, 4.
BA Bill Passes Mental Health Courts, HB 281 Pass Criminalization Bill Stalls Legislative Session Ends June 6
Senator J. P. Morrell’s SB 134 to establish an independent board for Behavior Analysts completed its journey through the Senate and passed the House on May 28, headed for the Govenor.
The bill provides for the Louisiana Behavior Analyst Board within the Department of Health and Hospitals and authorizes enforcement of the requirement for licensure, state certification, and registration, beginning December 31, 2013. The law also sets out the procedures and standards for the licensing of Behavior Analysts, certification Assistant Behavior Analysts, and registration of line technicians. Fees are $400 for license, $250 for certification, and $50 for registration. The powers and duties of the board are outlined in the bill, including those for developing standards of practice, licensure, revocation and suspension of license, reinstatement, fines and censure by the board.
The board will consist of five behavior analysts appointed by the governor and subject to Senate confirmation. This is to include an ex officio, nonvoting member appointed by the State Board of Examiners of Psychologists. The bill notes that the Louisiana Behavior Analyst Board and the State Board of Examiners of Psychologists shall share office space, professional staff, and other resources in the operation and management of each of the respective boards.
The law will define the scope of practice as, “… 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 practice of behavior analysis expressly excludes psychological testing, neuropsychology, cognitive therapy, diagnosis of psychiatric conditions, psychotherapy, sex therapy, psychoanalysis, hypnotherapy, and mental health counseling or academic teaching by college or 1university staff.”
The board will be allowed to “Accept grants, donations, or gifts of money or services from public or private individuals or organizations or from any other sources to be utilized for the purposes of the board. Such monies shall be deposited into the treasury of the board.”
The law will exempt other professionals. “Other human service professionals who are licensed, certified, or registered by the state of Louisiana, provided such individuals are working within the scope of practice of their profession and the scope of their training and competence.”
A specific paragraph was added for psychologists. “An individual licensed to practice psychology within the state, so long 1as 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.”
Senator J.P. Morrell emerged as a leading opponent to a failed attempt in 2012 by the Louisiana State Board of Examiners of Psychologists to place Behavior Analysts under the psychology board. Morrell put forth a resolution forming a study commission, with his wife, Ms. Catherine Morrell as Vice Chair.
Work of the Commission led to a decision to place behavior analysts (BAs) with the state board for licensed professional counselors (LPC Board), thrashed out over six months of meetings in the Study Commission.
However, this direction was abandoned sometime in late February 2013 after negotiations reached an impasse. Representatives of the Louisiana Behavior Analysis Association held firm on an issue regarding the national certification, and the LPC board held to their need for “equivalent” language to allow them flexibility in certain situations.
This impasse necessitated that a fallback option to be worked out by Senator J. P. Morrell’s office and wife Catherine Morrell, Vice Chair for the Commission. The fallback position was to merge the BAs with the psychology board, an option that had been put forth by the LSBEP (Louisiana State Board of Examiners of Psychologists) during rapid and heated negotiations in November 2012.
However this option was nixed when it failed to gain the support of the Louisiana Psychological Association after President Dr. Bryan Gros and Legislative Chair Dr. Alicia Pellegrin asked members for their opinions. Members expressed concerns about non-psychologists on the psychology board.
This sequence of events led Senator Morrell and Ms. Morrell to shift to the third option, that of an independent BA board.
The option for an independent BA board had been championed by Dr. Grant Gautreaux, president of the Louisiana Behavior Analysts Association throughout the discussions of the Study Commission. He presented that option in November to Commission members. However in December the members voted 15 to 0 against the independent board option, amid some views that the BAs numbers could not sustain a board.
At a recent meeting of the Louisiana Psychological Association, Senator Morrell said that working with the different groups in the mental health area should be like working in a team, but instead, “It is like warring fiefdoms.” He also praised his wife’s efforts in helping those in the mental health community to get along.
Senator J.P. Morrell speaking at the recent psychology convention. Senator Morrell and wife Catherine took an active role in the legislation for regulation of behavior analysts. Executive Director of the state psychology board, Ms. Kelly Parker and Dr. Grant Gautreau, president of the Louisiana Behavior Analysis Association at the psychology board meeting last year. The Behavior Analyst negotiations took a number of twists and turns. Above, Dr. Grant Gautreau (R) confers with Dr. Dolleen Day-Keohane, also a member of the Louisiana Behavior Analysis Association, at a meeting of the Behavioral Analysts Licensure and Regulation Study Commission. Left is Dr. Denise Arellano who represented the Psychology Department at McNeese University. Psychology board members discuss the regulation of behavioral analysts after a legislative effort by the board in 2012 caused a negative public reaction to the proposed plan, lead by Dr. John Courtney. L to R: Dr. Marc Zimmermann, Dr. John Courtney, and Chair, Dr. Lee Matthews.
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