2021-2022 Regular Session HB 19 PN 2639 Bill Text (HTM)

PRIOR PRINTER'S NO. 846

PRINTER'S NO. 2639

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2021

INTRODUCED BY MEHAFFIE, SCHLEGEL CULVER, R. BROWN, BURGOS,

CIRESI, A. DAVIS, T. DAVIS, FRANKEL, FREEMAN, GALLOWAY,

GAYDOS, HILL-EVANS, HOHENSTEIN, ISAACSON, KULIK, MARKOSEK,

MARSHALL, D. MILLER, PENNYCUICK, POLINCHOCK, RYAN, SAPPEY,

SCHLOSSBERG, SHUSTERMAN, STRUZZI, THOMAS, INNAMORATO,

SCHROEDER, MERSKI, ZABEL, SONNEY, GAINEY, STEPHENS, SCHMITT,

DeLUCA, JAMES, BURNS, CARROLL, SIMS, TOMLINSON, FARRY,

KOSIEROWSKI, SMITH, McNEILL, DAY, SANCHEZ AND N. NELSON,

MARCH 11, 2021

AS REPORTED FROM COMMITTEE ON PROFESSIONAL LICENSURE, HOUSE OF

REPRESENTATIVES, AS AMENDED, JANUARY 24, 2022

AN ACT

Amending the act of December 20, 1985 (P.L.457, No.112),

entitled "An act relating to the right to practice medicine

and surgery and the right to practice medically related acts;

reestablishing the State Board of Medical Education and

Licensure as the State Board of Medicine and providing for

its composition, powers and duties; providing for the

issuance of licenses and certificates and the suspension and

revocation of licenses and certificates; provided penalties;

and making repeals," further providing for State Board of

Medicine and providing for behavior analyst. DEFINITIONS, FOR

RESPIRATORY THERAPISTS, FOR PERFUSIONIST, FOR GENETIC

COUNSELOR AND FOR PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND

ORTHOTIC FITTERS; PROVIDING FOR BEHAVIOR ANALYSTS AND

ASSISTANT BEHAVIOR ANALYSTS; AND FURTHER PROVIDING FOR

LICENSES AND CERTIFICATES AND GENERAL QUALIFICATION.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3(a) and (b) of the act of December 20,

1985 (P.L.457, No.112), known as the Medical Practice Act of

1985, are amended to read:

<--

Section 3. State Board of Medicine.

(a) Establishment.--The State Board of Medicine shall

consist of the commissioner or his designee, the Secretary of

Health or his designee, two members appointed by the Governor

who shall be persons representing the public at large and seven

members appointed by the Governor, six of whom shall be medical

doctors with unrestricted licenses to practice medicine and

surgery in this Commonwealth for five years immediately

preceding their appointment and one who shall be a nurse

midwife, physician assistant, certified registered nurse

practitioner, respiratory therapist, licensed athletic trainer

[or], perfusionist or behavior analyst licensed or certified

under the laws of this Commonwealth. All professional and public

members of the board shall be appointed by the Governor, with

the advice and consent of a majority of the members elected to

the Senate.

(b) Terms of office.--The term of each professional and

public member of the board shall be four years or until his or

her successor has been appointed and qualified, but not longer

than six months beyond the four-year period. In the event that

any of said members shall die or resign or otherwise become

disqualified during his or her term, a successor shall be

appointed in the same way and with the same qualifications and

shall hold office for the unexpired term. No member shall be

eligible for appointment to serve more than two consecutive

terms. The Governor shall assure that nurse midwives, physician

assistants, certified registered nurse practitioners,

perfusionists [and], respiratory therapists and behavior

analysts are appointed to four-year terms on a rotating basis so

that, of every four appointments to a four-year term, one is a

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nurse midwife, one is a physician assistant, one is a certified

registered nurse practitioner [and], one is a respiratory

therapist and one is a behavior analyst.

* * *

Section 2. The act is amended by adding a section to read:

Section 13.7. Behavior analyst.

(a) Behavior analyst licensure.--An applicant for licensure

as a behavior analyst under this section shall meet all of the

following requirements:

(1) The applicant shall hold, as verified by the board,

a current certification from a certifying entity as a board-

certified behavior analyst or board-certified behavior

analyst-doctoral.

(2) The applicant shall have completed the education,

supervised fieldwork and examination requirements as

specified by a certifying entity and adopted by the board.

(3) The applicant shall have completed the academic

requirements of an accredited graduate degree program.

(4) The applicant shall have completed, as part of, or

in addition to, the educational requirements specified under

this subsection, a minimum number of hours of verified

behavior analytic graduate coursework as determined by a

certifying entity.

(5) The applicant shall have passed the examination

developed by a certifying entity that represents a

psychometrically and legally validated professional

examination in applied behavior analysis.

(b) Assistant behavior analyst licensure.--An applicant for

licensure as an assistant behavior analyst under this section

shall meet all of the following requirements:

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(1) The applicant shall hold, as verified by the board,

a current certification from a certifying entity as a board-

certified assistant behavior analyst.

(2) The applicant shall have completed the education,

supervised fieldwork and examination requirements as

specified by a certifying entity and adopted by the board.

(3) The applicant shall have completed the academic

requirements of an accredited undergraduate degree program.

(4) The applicant shall have completed, as part of, or

in addition to, the educational requirements specified under

this subsection, a minimum number of hours of verified

behavior analytic undergraduate coursework as determined by a

certifying entity.

(5) The applicant shall have passed the examination

developed by a certifying entity that represents a

psychometrically and legally validated professional

examination in applied behavior analysis.

an individual may not practice or hold oneself out as being

qualified to practice applied behavior analysis in this

Commonwealth unless the individual holds a current, unsuspended,

unrevoked license issued by the board.

(d) Exceptions.--Nothing in this section shall be construed

as prohibiting or restricting the practice of any of the

following:

(1) An individual who is licensed to practice psychology

in this Commonwealth if the applied behavior analysis

services provided by the licensed psychologist are practiced

within the psychologist's code of ethics as determined by

the State Board of Psychology and the licensed psychologist

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does not represent himself or herself as a licensed behavior

analyst unless licensed under this section.

(2) An individual who is licensed to practice a

profession other than applied behavior analysis in this

Commonwealth and an individual supervised by an individual

who is licensed to practice a profession other than applied

behavior analysis in this Commonwealth, if applied behavior

analysis is in the individual's statutory or regulated scope

of practice and the individual's scope of training and

competence. An individual who is licensed to practice a

profession other than applied behavior analysis in this

Commonwealth may not represent himself or herself as a

licensed behavior analyst unless licensed under this section.

(3) A behavior technician who delivers applied behavior

analysis services under the authority and direction of a

licensed behavior analyst or licensed assistant behavior

analyst or other professional licensed in this Commonwealth

who is approved by a certifying entity to supervise

credentialed behavior technicians in accordance with the

certifying entity's current supervision requirements. A

behavior technician under this paragraph may not represent

himself or herself as a licensed behavior analyst and shall

use a title that indicates the behavior technician's

nonlicensed status.

(4) A family member who delivers applied behavior

analysis services under the authority and direction of a

licensed behavior analyst or licensed assistant behavior

analyst. A family member under this paragraph may not

represent himself or herself as a licensed behavior analyst

and shall use a title that indicates the family member's

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nonlicensed status.

(5) A behavior analyst who practices with nonhumans,

including applied animal behaviorists and animal trainers. A

behavior analyst under this paragraph may use the title

"behavior analyst," but may not represent himself or herself

as a licensed behavior analyst or licensed assistant behavior

analyst unless licensed under this section.

(6) An individual who provides general applied behavior

analysis services to an organization if the services are for

the benefit of the organization and do not involve direct

services to individuals. An individual under this paragraph

may use the title "behavior analyst," but may not represent

himself or herself as a licensed behavior analyst or licensed

assistant behavior analyst unless licensed under this

section.

(7) A matriculated college or university student or

postdoctoral fellow whose applied behavior analysis

activities are part of a defined program of study, course,

practicum, internship or fellowship and are directly

supervised by a licensed behavior analyst in this

Commonwealth or a qualified faculty member. A matriculated

college or university student or postdoctoral fellow under

this paragraph may not represent himself or herself as a

licensed behavior analyst and shall use a title that clearly

indicates a trainee status.

(8) An unlicensed individual pursuing supervised

experiential training in applied behavior analysis consistent

with a certifying entity's requirements if the training is

supervised by a licensed behavior analyst or licensed

psychologist in this Commonwealth who is approved by the

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certifying entity to provide the supervision . An unlicensed

individual under this paragraph may not represent himself or

herself as a licensed behavior analyst and shall use a title

that clearly indicates a trainee status.

(9) An individual who teaches behavior analysis or

conducts behavior-analytic research at an accredited college

o r universit y in this Commonwealth if the activities do not

involve the direct delivery of applied behavior analysis

services beyond the typical parameters of applied research.

An individual under this paragraph may use the title

"behavior analyst," but may not represent himself or herself

as a licensed behavior analyst or a licensed assistant

behavior analyst unless licensed under this section.

(10) An individual employed or contracted by an entity

regulated by the Department of Education who delivers applied

behavior analysis services to an individual served by the

same entity. An individual under this paragraph may not:

(i) represent himself or herself as a licensed

behavior analyst or licensed assistant behavior analyst

unless license d under this section;

(ii) offer applied behavior analysis services for an

entity other than the entity regulated by the Department

of Education; or

(iii) accept remuneration for providing applied

behavior analysis services other than the remuneration

the individual receives from the entity regulated by the

Department of Education unless licensed under this

section.

(11) An individual licensed to practice occupational

therapy. Nothing in this section shall be construed to

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prohibit, limit, include or affect the practice of

occupational therapy.

(12) A nonresident of this Commonwealth who is licensed

to practice applied behavior analysis independently under the

laws of another state, the District of Columbia or a

territory of the United States that has licensure

requirements substantially equal to the requirements under

this section as determined by the board and practices in this

Commonwealth for no more than 15 days in a calendar year.

(13) A nonresident of this Commonwealth who is certified

by a certifying entity to practice applied behavior analysis

independently under the laws of another state, the District

of Columbia or a territory of the United States and practices

in this Commonwealth for no more than 15 days in a calendar

year.

(e) Application requirements.--An applicant for licensure as

a behavior analyst or an assistant behavior analyst under this

section shall submit an application and requisite fees as

provided by the board. The application shall include evidence of

all of the following for verification by the board:

(1) A criminal background check conducted by the

Pennsylvania State Police, a State-approved child abuse

clearance and a Federal Bureau of Investigation

fingerprint- based record check in accordance with applicable

Federal law and 23 Pa.C.S. Ch. 63 (relating to child

protective services) conducted through the Department of

Education or Department of Human Services.

(2) Professional liability insurance that meets all of

the following criteria:

(i) The professional liability insurance is

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effective by the next biennial period for license renewal

after the effective date of this paragraph. The board

shall accept any of the following from an applicant as

satisfactory evidence of professional insurance coverage

under this paragraph:

(A) Self-insurance.

(B) Individually purchased professional

liability insurance.

provided by the applicant's employer or any similar

type of coverage acceptable to the board.

(ii) The level of professional liability insurance

coverage is the minimum amount of $1,000,000 per

occurrence or claim made.

(3) For a licensed behavior analyst applicant, current

certification as a board-certified behavior analyst or board-

certified behavior analyst-d octo ral with a certifying entity.

(4) For a licensed assistant behavior analyst applicant,

current certification as a board-certified assistant behavior

analyst with a certifying entity and a letter from a licensed

behavior analyst in this Commonwealth who is approved by a

certifying entity to supervise board-certified assistant

behavior analysts stating that the licensed behavior analyst

is supervising the applicant in accordance with the

certifying entity's current requirements. The board shall

verify with the certifying entity that the licensed behavior

analyst has the necessary approval to supervise the applicant

under this paragraph.

(5) Good moral character as determined by the board and

as defined by the profession's code of ethics and other

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conduct standards.

(6) If applicable, completion of the child abuse

recognition and continuing education required under

subsection (k).

(f) Licensure restrictions.--The board may not grant a

license to an applicant as a behavior analyst or an assistant

behavior analyst under this section if the applicant has been:

(1) convicted of a felony offense under section

635.2(g)(3) of the act of May 17, 1921 (P.L.682, No.284),

known as The Insurance Company Law of 1921, unless:

(i) at least ten years has elapsed from the date of

conviction ;

(ii) the applicant has satisfactorily demonstrated

to the board that the applicant has made significant

progress in personal rehabilitation since the conviction;

and

(iii) the applicant has satisfactorily demonstrated

to the board that licensure of the applicant will not

create a substantial risk of harm to the health and

safety of the applicant's patient s, the public or

additional criminal v iolations;

(2) has been convicted of, entered a plea of nolo

contendere to or has been adjudicated delinquent of a crime

for which the applicant has been required to register under

42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders) without regard to the time elapsed since

the date of the conviction, plea or adjudication or the

length of the registration required; or

(3) has been found guilty of unprofessional conduct as

defined by rules established by the board or violating the

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profession's code of ethics or other conduct standards

established by a certifying entity.

(g) Temporary licenses.--

(1) The board may grant a temporary license under this

subsection to a nonresident who engages in the practice of

applied behavior analysis in this Commonwealth for no more

than three months in a calendar year if the individual meets

any of the following requirements:

(i) The individual is licensed to practice applied

behavior analysis independently under the laws of

another state, the District of Columbia or a territory of

the United States that has licensure requirements

substantially equal to the requirements under this

section.

(ii) The individual is certified by a certifying

entity to practice applied behavior analysis

independently, as verified by the board with the

licensing entity in the out-of-State jurisdiction or the

certifying entity.

(2) An applicant for a temporary license under this

subsection shall submit an application and a fee as

determined by the board and evidence that the applicant's

practice in th is Commonwealth is time-limited and the

individual holds valid liability insurance .

(h) Licensure by endorsement.--The board may issue a license

under this subsection by endorsement to an individual who is

currently licensed as a behavior analyst or an assistant

behavior analyst in good standing under the laws of another

state, the District of Columbia or a territory of the United

States that has licensure requirements substantially equal to

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the requirements under this section. An applicant for licensure

under this subsection shall have the applicant's current license

verified by the board and comply with other requirements under

this section .

(i) Supervision. -- An individual who is currently licensed as

a behavior analyst or an assistant behavior analyst in good

standing under the laws of another state, the District of

Columbia or a territory of the United States who has applied for

a temporary license or a license by endorsement under subsection

(g) or (h) may practice applied behavior analysis in this

Commonwealth under the supervision of an individual fully

licensed in this Commonwealth while awaiting approval of an

application submitted to the board under subsection (e).

(j) Renewal or expiration.-- A license issued under this

section shall be subject to biennial renewal. Before the

expiration of a license under this section, the board may issue

a license renewal upon the submission of all of the following:

(1) An application for renewal as provided by the board.

(2) A board verification of current certification in

good standing by a certifying entity, which signifies that

the applicant for renewal has met all requirements for

maintaining certification at the appropriate level.

(3) Payment of the renewal fee imposed by the board.

(4) Evidence of having active professional liability

insurance as specified under subsection (e)(2).

(5) A record of completion of a State-approved criminal

background check, a State-approved child abuse clearance and

a Federal Bureau of Investigation fingerprint-based record

check as specified under subsection (e)(1).

(6) If applicable, updated records of the completion of

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the child abuse recognition and continuing education required

under subsection (k).

(7) Evidence of having completed the continuing

education required by a certifying entity and maintained

national certification by completing recertifying mechanisms

available to the practice of applied behavior analysis.

(k) Child abuse recognition.--

(1) An applicant for a licens e under this section shall

report suspected child abuse as specified under 23 Pa.C.S.

Ch. 63 and shall complete at least three hours of approved

child abuse recognition and continuing education as specified

under 2 3 Pa.C.S. § 6383(b)(3).

(2) A license holder subject to paragraph (2) who

applies for the renewal of the license under subsection (j)

shall complete at least two hours of approved child abuse

recognition and reporting continuing education as provided

under 2 3 Pa.C.S. § 6383(b)(3).

(l) Liability insurance.--An individual licensed under this

section shall obtain and maintain professional liability

insurance as specified under subsection (e)(2). A license holder

shall notify the board within 30 days of the license holder's

failure to maintain professional liability insurance as

specified under subsection (e)(2). A license holder who fails to

notify the board under this subsection shall be subject to a

disciplinary action under subsection (n) and the license

holder's license shall automatically be suspended upon failure

to maintain professional liability insurance as specified under

subsection (e)(2). An individual's license shall not be restored

until the individual submits satisfactory evidence to the board

that the individual has obtained professional liability

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insurance as specified under subsection (e)(2).

(m) Violations.--Any of the following shall constitute a

violation under this section:

(1) Except as provided under subsection (d), the

unlicensed practice of applied behavior analysis in this

Commonwealth.

(2) Holding oneself out to be a licensed behavior

analyst or licensed assistant behavior analyst without

holding a license under this section.

(3) Except as provided under subsection (d), holding

oneself out as a licensed behavior analyst or a substantially

similar profession without holding a license under this

section.

(n) Disciplinary actions.--

(1) The board may refuse to issue or renew and may

suspend or revoke a license under this section of an

applicant or license holder by a vote of at least a majority

of the members of the board for any of the following reasons:

(i) Ineligibility for licensure, including,

ineligibility due to a failure to maintain active

certification by a certifying entity or falsification of

documentation submitted for licensure.

(ii) Aiding and abetting an unlicensed individual to

directly or indirectly perform activities requiring a

license for the practice of behavior analysis.

(iii) Engaging in professional misconduct,

incompetence, gross negligence or manifest incapacity in

the practice of behavior analysis.

(iv) Engaging in the practice of behavior analysis

while impaired by alcohol or drugs.

20210HB0019PN2639 - 14 -

(v) Engaging in conduct or practice contrary to a

certifying entity's current professional and ethical

standards.

(vi) Failing to comply with, observe or adhere to a

Federal or State law in a manner that causes the board to

determine that the applicant or license holder is unfit

to hold a license.

(vii) Having a license revoked or suspended or other

subject to disciplinary action by a Federal or State

agency for any reason that is provided by applicable

Federal or State law or under this section.

(viii) Having been convicted of a crime directly

related to the qualifications, functions or duties of the

practice of behavior analysis.

(ix) Failing to report in writing to the board a

disciplinary decision issued against the applicant or

license holder in an out-of-State jurisdiction within 30

days of the disciplinary decision.

(x) Failing to report in writing to the board

revocation or disciplinary action by a certifying entity

within 15 days of the action .

(xi) Employing, whether gratuitously or for pay, an

individual not licensed under this section to perform the

functions or duties of the practice of behavior analysis.

(2) When the board, after notice of a violation under

paragraph (1) and an opportunity for a hearing, finds that an

applicant or a license holder under this section has

committed a violation under paragraph (2), the board may take

any of the following actions:

(i) Administer a public reprimand.

20210HB0019PN2639 - 15 -

(ii) Mandate specific continuing education.

(iii) Deny, revoke, suspend, limit or otherwise

restrict a license as determined by the board.

(iv) Suspend enforcement of the board's finding and

place a license holder on probation with the right to

vacate the probationary order for noncompliance.

(v) Restore or reissue, at the board's discretion, a

suspended license to practice applied behavior analysis

and impose an alternative disciplinary or corrective

measure.

(vi) Issue a notice to a certifying entity.

(vii) Impose a fine of not more than $2,500.

(3) An individual aggrieved by a final order of the

board under paragraph (2) may appeal to the Bureau of

Professional and Occupational Affairs.

(o) Reinstatement of license.--

(1) Within three years, the board may reinstate a

license under this section that has lapsed upon the

completion of the license renewal requirements under

subsection (j), including payment of the required renewal fee

under subsection (j)(3) and a reinstatement fee established

by the board.

(2) The board may reinstate a license under this section

that has been revoked or suspended if the board determines

that the license holder is currently certified in good

standing at the appropriate level by a certifying entity. As

a condition of reinstatement, the board may impose reasonable

restrictions under which the license holder may engage in the

practice of applied behavior analysis.

(p) Committee.--

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(1) The Behavior Analyst Advisory Committee is

established to assist the board in promulgating regulations

for the practice of applied behavior analysis and assist the

board regarding the licensure standards under this section

when a behavior analyst is not serving on the board. The

board shall appoint the following members to committee:

(i) A board-certified behavior analyst-doctoral who

is eligible for licensure under this section and has a

minimum of five years' post-doctoral experience

designing, overseeing or delivering applied behavior

analysis services.

(ii) One or more board-certified behavior analysts

who are eligible for licensure under this section and

have a minimum of five years' experience designing,

overseeing or delivering applied behavior analysis

services.

(iii) A board-certified behavior analyst or

assistant behavior analyst who is eligible for licensure

under this section and has a minimum of five years'

experience in or experience assisting with the design,

oversight or delivery of applied behavior analysis

services.

(2) A member of the committee may not be a Federal or

State employee, hold a Federal or State contract or hold an

appointed position.

(3) A member of the committee shall be a resident of

this Commonwe alth and be a member of a national or State

nonprofit organization representing behavior analysts as

defined under section 501(c)(3) of the Internal Revenue Code

of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)).

20210HB0019PN2639 - 17 -

(q) Regulations.--The board shall promulgate regulations

necessary to implement this section.

(r) Definitions.--As used in this section, the following

words and phrases shall have the meaning given to them in this

subsection:

"A ssistant behavior analyst." An individual who is certified

by a certifying entity as a board-certified a ssistant behavior

analyst and licensed under this section to assist in the

practice of behavior analysis under the supervision of a

licensed behavior analyst who is approved b y a certifying entity

to supervise assistant behavior analysts. An individual who

meets the criteria specified in this definition may be employed

or supervised by another professional licensed in this

Commonwealth whose statutory or regulated scope of practice

includes applied behavior analysis if the licensed professional

practices within the boundaries of the profession's code of

ethics and the licensed professional is approved by a certifying

entity to supervise assistant behavior analysts.

"Behavior analyst." An individual who is certified by a

certifying entity as a board-certified behavior analyst or

board-certified behavior analyst-doctoral and is licensed under

this section to engage in the independent practice of applied

behavior analysis.

" Behavior technician." A paraprofessional who practices

under the close, ongoing supervision and direction of a licensed

professional, delivers services as assigned by the supervisor

responsible for the individual's work and does not design

assessment or intervention plans or procedures. A

paraprofessional who meets the criteria specified in this

definition may be employed or supervised by another professional

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licensed in this Commonwealth if the applied behavior analysis

services delivered by the individual are supervised by a

licensed behavior analyst, licensed assistant behavior analyst

or other professional licensed in this Commonwealth whose

legislated or statutory scope of practice includes applied

behavior analysis and who is practicing within the boundaries of

the profession's code of ethics.

" Certifying entity." A nonprofit organization approved by

the board that provides programs to credential professional

practitioners of applied behavior analysis that are accredited

by the National Commission for Certifying Agencies or the

American National Standards Institute.

"Committee." The Behavior Analyst Advisory Committee

established under subsection (p)(1).

" Practice of applied behavior analysis." As follows:

(1) The design, implementation and evaluation of

instructional and environmental modifications with an

individual to produce socially significant improvements in

human behavior or prevent the loss of an attained skill or

function.

(2) The term includes all of the following:

(i) The empirical identification of functional

relations between behavior and environmental factors,

known as functional assessment and analysis.

(ii) Interventions based on scientific research and

direct and indirect observation and measurement of

behavior and environment.

(iii) The utilization of contextual factors,

motivating operations, antecedent stimuli, positive

reinforcement and other procedures to help individuals

20210HB0019PN2639 - 19 -

develop new behaviors, increase or decrease existing

behaviors and emit behaviors under specific environmental

conditions.

(3) The term does not include the diagnosis of

disorders, psychological testing, psychotherapy, cognitive

therapy, psychoanalysis and counseling.

Section 3. This act shall take effect in 60 days.

SECTION 1. SECTION 2 OF THE ACT OF DECEMBER 20, 1985

(P.L.457, NO.112), KNOWN AS THE MEDICAL PRACTICE ACT OF 1985, IS

AMENDED BY ADDING DEFINITIONS TO READ:

SECTION 2. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

* * *

"APPLIED BEHAVIOR ANALYSIS." THE DESIGN, IMPLEMENTATION AND

EVALUATION OF INSTRUCTIONAL AND ENVIRONMENTAL MODIFICATIONS WITH

AN INDIVIDUAL TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN

HUMAN BEHAVIOR OR TO PREVENT LOSS OF AN ATTAINED SKILL OR

FUNCTION, INCLUDING THE USE OF DIRECT OBSERVATION, MEASUREMENT

AND FUNCTIONAL ANALYSIS OF THE RELATIONS BETWEEN ENVIRONMENT AND

BEHAVIOR.

"ASSISTANT BEHAVIOR ANALYST." AN INDIVIDUAL WHO IS LICENSED

UNDER SECTION 13.7(B) TO ASSIST IN THE PRACTICE OF APPLIED

BEHAVIOR ANALYSIS UNDER THE SUPERVISION OF A LICENSED BEHAVIOR

ANALYST WHO IS APPROVED BY A CERTIFYING ENTITY TO SUPERVISE

ASSISTANT BEHAVIOR ANALYSTS.

* * *

"BEHAVIOR ANALYST." AN INDIVIDUAL WHO IS LICENSED BY THE

BOARD TO PRACTICE APPLIED BEHAVIOR ANALYSIS UNDER SECTION

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<--

13.7(A).

* * *

" CERTIFYING ENTITY." A NONPROFIT ORGANIZATION APPROVED BY

THE BOARD THAT PROVIDES PROGRAMS TO CREDENTIAL PROFESSIONAL

PRACTITIONERS OF APPLIED BEHAVIOR ANALYSIS THAT ARE ACCREDITED

BY THE NCCA OR THE AMERICAN NATIONAL STANDARDS INSTITUTE OR A

SUCCESSOR INSTITUTE.

* * *

SECTION 2. SECTIONS 13.1(A)(3), 13.3(F)(2), 13.4(E)(2) AND

13.5(A)(1) OF THE ACT ARE AMENDED TO READ:

SECTION 13.1. RESPIRATORY THERAPISTS.

(A) QUALIFICATIONS.--AN INDIVIDUAL SHALL BE ELIGIBLE TO

APPLY FOR LICENSURE AS A RESPIRATORY THERAPIST IF THAT

INDIVIDUAL SATISFIES ALL OF THE FOLLOWING:

* * *

(3) HAS PROVED TO THE SATISFACTION OF THE BOARD THAT THE

INDIVIDUAL IS OF GOOD MORAL CHARACTER AND IS NOT UNFIT OR

UNABLE TO PRACTICE AS A RESPIRATORY THERAPIST BY REASON OF

PHYSICAL OR MENTAL IMPAIRMENT. IN ASSESSING THE MORAL

CHARACTER OF AN INDIVIDUAL WITH A CRIMINAL CONVICTION, THE

BOARD SHALL CONDUCT AN INDIVIDUALIZED ASSESSMENT IN

ACCORDANCE WITH 63 PA.C.S. § 3113 (RELATING TO CONSIDERATION

OF CRIMINAL CONVICTIONS).

* * *

SECTION 13.3. PERFUSIONIST.

* * *

(F) QUALIFICATIONS.--AN APPLICANT SHALL BE LICENSED TO

PRACTICE PERFUSION UNDER THIS ACT IF THE APPLICANT MEETS ALL OF

THE FOLLOWING QUALIFICATIONS AND HAS OTHERWISE COMPLIED WITH THE

PROVISIONS OF THIS ACT:

20210HB0019PN2639 - 21 -

* * *

(2) THE PERSON IS OF GOOD MORAL CHARACTER. IN ASSESSING

THE MORAL CHARACTER OF AN APPLICANT WITH A CRIMINAL

CONVICTION, THE BOARD SHALL CONDUCT AN INDIVIDUALIZED

ASSESSMENT IN ACCORDANCE WITH 63 PA.C.S. § 3113 (RELATING TO

CONSIDERATION OF CRIMINAL CONVICTIONS).

* * *

SECTION 13.4. GENETIC COUNSELOR.

* * *

(E) QUALIFICATIONS.--AN APPLICANT SHALL BE LICENSED TO

PRACTICE GENETIC COUNSELING UNDER THIS ACT IF THE APPLICANT

MEETS ALL OF THE FOLLOWING QUALIFICATIONS AND HAS OTHERWISE

COMPLIED WITH THE PROVISIONS OF THIS ACT:

* * *

(2) THE PERSON IS OF GOOD MORAL CHARACTER. IN ASSESSING

THE MORAL CHARACTER OF AN APPLICANT WITH A CRIMINAL

CONVICTION, THE BOARD SHALL CONDUCT AN INDIVIDUALIZED

ASSESSMENT IN ACCORDANCE WITH 63 PA.C.S. § 3113 (RELATING TO

CONSIDERATION OF CRIMINAL CONVICTIONS).

* * *

SECTION 13.5. PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND

ORTHOTIC FITTERS.

(A) LICENSURE QUALIFICATIONS.--TO QUALIFY FOR LICENSURE TO

PRACTICE PROSTHETICS, ORTHOTICS, PEDORTHICS OR ORTHOTIC FITTING,

AN APPLICANT SHALL:

(1) BE OF GOOD MORAL CHARACTER. IN ASSESSING THE MORAL

CHARACTER OF AN APPLICANT WITH A CRIMINAL CONVICTION, THE

BOARD SHALL CONDUCT AN INDIVIDUALIZED ASSESSMENT IN

ACCORDANCE WITH 63 PA.C.S. § 3113 (RELATING TO CONSIDERATION

OF CRIMINAL CONVICTIONS).

20210HB0019PN2639 - 22 -

* * *

SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 13.7. BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR

ANALYSTS.

(A) BEHAVIOR ANALYST LICENSURE. -- AN APPLICANT SHALL BE

LICENSED TO PRACTICE AS A BEHAVIOR ANALYST BY THE BOARD IF THE

APPLICANT MEETS ALL OF THE FOLLOWING QUALIFICATIONS AND HAS

OTHERWISE COMPLIED WITH THE PROVISIONS OF THIS ACT:

(1) THE APPLICANT IS AT LEAST 21 YEARS OF AGE.

(2) THE APPLICANT IS OF GOOD MORAL CHARACTER. IN

ASSESSING THE MORAL CHARACTER OF AN APPLICANT WITH A CRIMINAL

CONVICTION, THE BOARD SHALL CONDUCT AN INDIVIDUALIZED

ASSESSMENT IN ACCORDANCE WITH 63 PA.C.S. § 3113 (RELATING TO

CONSIDERATION OF CRIMINAL CONVICTIONS).

(3) THE APPLICANT HAS COMPLETED AN APPLICATION AND PAID

A FEE AS ESTABLISHED BY THE BOARD BY REGULATION.

(4) THE APPLICANT HAS RECEIVED A MASTER'S DEGREE OR

HIGHER IN A COURSE OF STUDY REQUIRED FOR CERTIFICATION FROM A

CERTIFYING ENTITY.

(5) THE APPLICANT HOLDS A CURRENT CERTIFICATION AS A

BOARD-CERTIFIED BEHAVIOR ANALYST FROM A CERTIFYING ENTITY.

(6) THE APPLICANT HAS PASSED THE EXAMINATION FOR

CERTIFICATION AS A BOARD-CERTIFIED BEHAVIOR ANALYST BY A

CERTIFYING ENTITY AS APPROVED BY THE BOARD.

(7) THE APPLICANT SUBMITS PROOF OF PROFESSIONAL

LIABILITY INSURANCE COVERAGE AS REQUIRED UNDER SUBSECTION

(G).

(8) THE APPLICANT HAS NOT BEEN CONVICTED OF A FELONY

UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS

THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR

20210HB0019PN2639 - 23 -

OF AN OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION WHICH,

IF COMMITTED IN THIS COMMONWEALTH, WOULD BE A FELONY UNDER

THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT,

UNLESS ALL OF THE FOLLOWING APPLY:

(I) AT LEAST TEN YEARS HAVE ELAPSED FROM THE DATE OF

CONVICTION.

(II) THE APPLICANT HAS SATISFACTORILY DEMONSTRATED

TO THE BOARD THAT THE APPLICANT HAS MADE SIGNIFICANT

PROGRESS IN PERSONAL REHABILITATION SINCE THE CONVICTION.

(III) THE APPLICANT HAS SATISFACTORILY DEMONSTRATED

TO THE BOARD THAT LICENSURE OF THE APPLICANT WILL NOT

CREATE A SUBSTANTIAL RISK OF HARM TO THE HEALTH AND

SAFETY OF THE APPLICANT'S PATIENT S OR THE GENERAL PUBLIC

OR RESULT IN ADDITIONAL CRIMINAL V IOLATIONS.

(B) ASSISTANT BEHAVIOR ANALYST LICENSURE.--AN APPLICANT

SHALL BE LICENSED TO PRACTICE AS AN ASSISTANT BEHAVIOR ANALYST

BY THE BOARD IF THE APPLICANT MEETS ALL OF THE FOLLOWING

QUALIFICATIONS AND HAS OTHERWISE COMPLIED WITH THE PROVISIONS OF

THIS ACT:

(1) THE APPLICANT IS AT LEAST 21 YEARS OF AGE.

(2) THE APPLICANT IS OF GOOD MORAL CHARACTER. IN

ASSESSING THE MORAL CHARACTER OF AN APPLICANT WITH A CRIMINAL

CONVICTION, THE BOARD SHALL CONDUCT AN INDIVIDUALIZED

ASSESSMENT IN ACCORDANCE WITH 63 PA.C.S. § 3113 (RELATING TO

CONSIDERATION OF CRIMINAL CONVICTIONS).

(3) THE APPLICANT HAS COMPLETED AN APPLICATION AND PAID

A FEE AS ESTABLISHED BY THE BOARD BY REGULATION.

(4) THE APPLICANT HAS RECEIVED A BACHELOR'S DEGREE OR

HIGHER IN A COURSE OF STUDY REQUIRED FOR CERTIFICATION FROM A

CERTIFYING ENTITY.

20210HB0019PN2639 - 24 -

(5) THE APPLICANT HOLDS A CURRENT CERTIFICATION AS A

BOARD-CERTIFIED ASSISTANT BEHAVIOR ANALYST FROM A CERTIFYING

ENTITY.

(6) THE APPLICANT HAS PASSED THE EXAMINATION FOR

CERTIFICATION AS A BOARD-CERTIFIED ASSISTANT BEHAVIOR ANALYST

BY A CERTIFYING ENTITY AS APPROVED BY THE BOARD.

(7) THE APPLICANT HAS NOT BEEN CONVICTED OF A FELONY

UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC

ACT, OR OF AN OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION

WHICH, IF COMMITTED IN THIS COMMONWEALTH, WOULD BE A FELONY

UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC

ACT, UNLESS ALL OF THE FOLLOWING APPLY:

(I) AT LEAST TEN YEARS HAVE ELAPSED FROM THE DATE OF

CONVICTION.

(II) THE APPLICANT HAS SATISFACTORILY DEMONSTRATED

TO THE BOARD THAT THE APPLICANT HAS MADE SIGNIFICANT

PROGRESS IN PERSONAL REHABILITATION SINCE THE CONVICTION.

(III) THE APPLICANT HAS SATISFACTORILY DEMONSTRATED

TO THE BOARD THAT LICENSURE OF THE APPLICANT WILL NOT

CREATE A SUBSTANTIAL RISK OF HARM TO THE HEALTH AND

SAFETY OF THE APPLICANT'S PATIENTS OR THE GENERAL PUBLIC

OR RESULT IN ADDITIONAL CRIMINAL V IOLATIONS.

(8) THE APPLICANT PROVIDES A LETTER FROM A LICENSED

BEHAVIOR ANALYST IN THIS COMMONWEALTH WHO IS APPROVED BY A

CERTIFYING ENTITY TO SUPERVISE LICENSED ASSISTANT BEHAVIOR

ANALYSTS STATING THAT THE LICENSED BEHAVIOR ANALYST IS

SUPERVISING THE APPLICANT IN ACCORDANCE WITH THE CERTIFYING

ENTITY'S CURRENT REQUIREMENTS.

OF THIS SECTION, IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO HOLD

20210HB0019PN2639 - 25 -

ONESELF OUT TO THE PUBLIC AS A BEHAVIOR ANALYST OR AN ASSISTANT

BEHAVIOR ANALYST OR TO PRACTICE OR ASSIST IN THE PRACTICE OF

APPLIED BEHAVIOR ANALYSIS OR OFFER TO PRACTICE OR ASSIST IN THE

PRACTICE OF APPLIED BEHAVIOR ANALYSIS UNLESS THE INDIVIDUAL

HOLDS A LICENSE UNDER SUBSECTION (A) OR (B).

(D) PROHIBITION OR RESTRICTION.--IN ACCORDANCE WITH

SUBSECTION (C), NOTHING IN THIS SECTION SHALL BE CONSTRUED AS

PROHIBITING OR RESTRICTING THE PRACTICE OF ANY OF THE FOLLOWING:

(1) AN INDIVIDUAL LICENSED UNDER ANY OTHER SECTION OF

THIS ACT OR ANY OTHER LAW OF THIS COMMONWEALTH, WHILE ACTING

WITHIN THE SCOPE OF PRACTICE OF THE INDIVIDUAL'S LICENSE AND

TRAINING, INCLUDING, BUT NOT LIMITED TO, ANY OF THE

FOLLOWING:

(I) AN INDIVIDUAL LICENSED TO ENGAGE IN THE PRACTICE

OF PSYCHOLOGY UNDER THE ACT OF MARCH 23, 1972 (P.L.136,

NO.52), KNOWN AS THE PROFESSIONAL PSYCHOLOGISTS PRACTICE

ACT.

(II) AN INDIVIDUAL LICENSED TO PRACTICE AUDIOLOGY OR

SPEECH-LANGUAGE PATHOLOGY UNDER THE ACT OF DECEMBER 21,

1984 (P.L.1253, NO.238), KNOWN AS THE SPEECH-LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS LICENSURE ACT.

(III) AN INDIVIDUAL LICENSED TO PRACTICE

OCCUPATIONAL THERAPY UNDER THE ACT OF JUNE 15, 1982

(P.L.502, NO.140), KNOWN AS THE OCCUPATIONAL THERAPY

PRACTICE ACT.

(IV) AN INDIVIDUAL LICENSED AS A BEHAVIOR SPECIALIST

UNDER SECTION 635.2(G) OF THE ACT OF MAY 17, 1921

(P.L.682, NO.284), KNOWN AS THE INSURANCE COMPANY LAW OF

1921.

(2) AN INDIVIDUAL EMPLOYED BY THE FEDERAL GOVERNMENT TO

20210HB0019PN2639 - 26 -

PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES WHILE IN THE

DISCHARGE OF THE INDIVIDUAL'S OFFICIAL DUTIES.

(3) A BEHAVIOR ANALYST WHO PRACTICES WITH NON-HUMANS,

INCLUDING AN APPLIED ANIMAL BEHAVIORIST OR ANIMAL TRAINER. A

BEHAVIOR ANALYST UNDER THIS PARAGRAPH MAY USE THE TITLE

"BEHAVIOR ANALYST," BUT MAY NOT REPRESENT ONESELF AS A

LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR

ANALYST.

(4) AN INDIVIDUAL WHO PROVIDES GENERAL APPLIED BEHAVIOR

ANALYSIS SERVICES TO AN ORGANIZATION FOR WHICH THE INDIVIDUAL

IS EMPLOYED IF THE SERVICES ARE FOR THE BENEFIT OF THE

ORGANIZATION AND DO NOT INVOLVE DIRECT SERVICES TO

INDIVIDUALS. AN INDIVIDUAL UNDER THIS PARAGRAPH MAY USE THE

TITLE "BEHAVIOR ANALYST" BUT MAY NOT REPRESENT ONESELF AS A

LICENSED BEHAVIOR ANALYST OR LICENSED ASSISTANT BEHAVIOR

ANALYST.

(5) A STUDENT OF AN ACCREDITED COLLEGE OR UNIVERSITY OR

A POSTDOCTORAL FELLOW WHOSE APPLIED BEHAVIOR ANALYSIS

ACTIVITIES ARE PART OF A DEFINED PROGRAM OF STUDY, COURSE,

PRACTICUM, INTERNSHIP OR FELLOWSHIP AND ARE DIRECTLY

SUPERVISED BY A LICENSED BEHAVIOR ANALYST OR QUALIFIED

FACULTY MEMBER.

(6) AN INDIVIDUAL PURSUING SUPERVISED EXPERIENTIAL

TRAINING IN APPLIED BEHAVIOR ANALYSIS CONSISTENT WITH A

CERTIFYING ENTITY'S REQUIREMENTS IF THE TRAINING IS

SUPERVISED BY A LICENSED BEHAVIOR ANALYST OR LICENSED

PSYCHOLOGIST WHO IS APPROVED BY THE CERTIFYING ENTITY TO

PROVIDE THE SUPERVISION .

(7) AN INDIVIDUAL WHO TEACHES BEHAVIOR ANALYSIS OR

CONDUCTS BEHAVIOR-ANALYTIC RESEARCH AT AN ACCREDITED COLLEGE

20210HB0019PN2639 - 27 -

O R UNIVERSIT Y IF THE ACTIVITIES DO NOT INVOLVE THE DIRECT

DELIVERY OF APPLIED BEHAVIOR ANALYSIS SERVICES BEYOND THE

TYPICAL PARAMETERS OF APPLIED RESEARCH. AN INDIVIDUAL UNDER

THIS PARAGRAPH MAY USE THE TITLE "BEHAVIOR ANALYST" BUT MAY

NOT REPRESENT ONESELF AS A LICENSED BEHAVIOR ANALYST OR

LICENSED ASSISTANT BEHAVIOR ANALYST.

(8) A NONRESIDENT OF THIS COMMONWEALTH WHO IS LICENSED

TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN ANOTHER STATE OR

TERRITORY OF THE UNITED STATES WHOSE REQUIREMENTS ARE

SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS UNDER THIS

SECTION AS DETERMINED BY THE BOARD AND WHO PRACTICES IN THIS

COMMONWEALTH FOR NO MORE THAN 15 DAYS IN A CALENDAR YEAR.

(9) AN INDIVIDUAL EMPLOYED OR CONTRACTED BY AN ENTITY

REGULATED BY THE DEPARTMENT OF EDUCATION WHO DELIVERS APPLIED

BEHAVIOR ANALYSIS SERVICES TO AN INDIVIDUAL SERVED BY THE

SAME ENTITY.

(E) USE OF TITLE.--EXCEPT AS PROVIDED UNDER SUBSECTION (D)

(4) AND (7), ONLY AN INDIVIDUAL WHO HOLDS AN ACTIVE LICENSE

UNDER SUBSECTION (A) OR (B) MAY USE THE TITLE "BEHAVIOR

ANALYST," "LICENSED BEHAVIOR ANALYST," "ASSISTANT BEHAVIOR

ANALYST," "LICENSED ASSISTANT BEHAVIOR ANALYST" OR USE ANY

SIMILAR WORDS OR SYMBOLS INDICATING THAT THE INDIVIDUAL IS A

BEHAVIOR ANALYST OR AN ASSISTANT BEHAVIOR ANALYST OR THE

ABBREVIATION OF "B.A.," "L.B.A.," "A.B.A." OR "L.A.B.A."

(F) LIMITATION.-- NOTHING IN THIS SECTION SHALL BE CONSTRUED

AS AN AUTHORIZATION FOR A BEHAVIOR ANALYST OR AN ASSISTANT

BEHAVIOR ANALYST TO PRACTICE ANY BRANCH OF THE HEALING ARTS,

EXCEPT AS OTHERWISE SPECIFIED UNDER THIS ACT, OR TO ISSUE A

DIAGNOSIS OF A DISORDER.

(G) LIABILITY INSURANCE.--

20210HB0019PN2639 - 28 -

(1) AN INDIVIDUAL LICENSED UNDER SUBSECTION (A) AND

PRACTICING IN THIS COMMONWEALTH SHALL MAINTAIN A LEVEL OF

PROFESSIONAL LIABILITY INSURANCE COVERAGE IN THE MINIMUM

AMOUNT OF $1,000,000 PER OCCURRENCE OR CLAIMS MADE. FAILURE

TO MAINTAIN THE PROFESSIONAL LIABILITY INSURANCE COVERAGE AS

REQUIRED UNDER THIS PARAGRAPH SHALL SUBJECT THE LICENSEE TO

DISCIPLINARY PROCEEDINGS BY THE BOARD. THE BOARD SHALL ACCEPT

AS SATISFACTORY EVIDENCE OF INSURANCE COVERAGE ANY OF THE

FOLLOWING:

(I) SELF-INSURANCE.

(II) PERSONALLY PURCHASED LIABILITY INSURANCE.

(III) PROFESSIONAL LIABILITY INSURANCE COVERAGE

PROVIDED BY THE LICENSEE'S EMPLOYER OR SIMILAR INSURANCE

COVERAGE ACCEPTABLE TO THE BOARD.

(2) AN APPLICANT SHALL PROVIDE PROOF THAT THE APPLICANT

HAS OBTAINED PROFESSIONAL LIABILITY INSURANCE COVERAGE IN

ACCORDANCE WITH PARAGRAPH (1). THE PROOF REQUIRED UNDER THIS

PARAGRAPH SHALL BE SATISFIED IF THE APPLICANT FILES WITH THE

APPLICATION A COPY OF A LETTER FROM THE APPLICANT'S

PROFESSIONAL LIABILITY INSURANCE CARRIER INDICATING THAT THE

APPLICANT WILL BE COVERED AGAINST PROFESSIONAL LIABILITY IN

THE REQUIRED AMOUNTS EFFECTIVE UPON THE ISSUANCE OF THE

APPLICANT'S LICENSE TO PRACTICE AS A BEHAVIOR ANALYST.

(3) UPON THE ISSUANCE OF A LICENSE UNDER SUBSECTION (A),

THE LICENSEE SHALL HAVE 30 DAYS TO SUBMIT TO THE BOARD THE

CERTIFICATE OF INSURANCE OR A COPY OF THE POLICY DECLARATION

PAGE TO COMPLY WITH THE PROFESSIONAL LIABILITY INSURANCE

COVERAGE UNDER PARAGRAPH (1).

(4) THE BOARD SHALL ADOPT BY REGULATION STANDARDS AND

PROCEDURES ESTABLISHED BY THE INSURANCE COMMISSIONER FOR

20210HB0019PN2639 - 29 -

SELF-INSURANCE. IN THE ABSENCE OF THESE STANDARDS AND

PROCEDURES, THE BOARD, AFTER CONSULTATION WITH THE INSURANCE

COMMISSIONER, SHALL ESTABLISH STANDARDS AND PROCEDURES BY

REGULATION FOR SELF-INSURANCE UNDER THIS SUBSECTION.

(H) TEMPORARY LICENSES. --

(1) THE BOARD SHALL GRANT A TEMPORARY LICENSE UNDER THIS

SECTION TO AN APPLICANT IF THE APPLICANT SUBMITS ALL THE

REQUIRED DOCUMENTATION TO THE BOARD. A TEMPORARY LICENSE

UNDER THIS PARAGRAPH SHALL BE VALID UNTIL THE BOARD COMPLETES

THE PROCESSING OF THE APPLICATION AND DENIES OR GRANTS

LICENSURE UNDER SUBSECTION (A) OR (B).

(2) THE BOARD MAY GRANT A TEMPORARY LICENSE UNDER THIS

SECTION TO A NONRESIDENT WHO ENGAGES IN THE PRACTICE OF

APPLIED BEHAVIOR ANALYSIS IN THIS COMMONWEALTH FOR NO MORE

THAN THREE MONTHS IN A CALENDAR YEAR IF THE INDIVIDUAL MEETS

ANY OF THE FOLLOWING REQUIREMENTS:

(I) THE INDIVIDUAL IS LICENSED TO PRACTICE APPLIED

BEHAVIOR ANALYSIS IN ANOTHER STATE OR TERRITORY OF THE

UNITED STATES WHOSE LICENSURE REQUIREMENTS ARE

SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS IN THIS

COMMONWEALTH.

(II) THE INDIVIDUAL HOLDS A CURRENT CERTIFICATION BY

A CERTIFYING ENTITY TO PRACTICE APPLIED BEHAVIOR

ANALYSIS .

(3) AN APPLICANT FOR A TEMPORARY LICENSE UNDER THIS

SUBSECTION SHALL SUBMIT AN APPLICATION AND PAY A FEE AS

DETERMINED BY THE BOARD BY REGULATION. A TEMPORARY LICENSE

HOLDER SHALL BE SUBJECT TO ALL OTHER LICENSURE AND

DISCIPLINARY REQUIREMENTS AS SPECIFIED UNDER THIS SECTION AND

BY THE BOARD.

20210HB0019PN2639 - 30 -

(I) RENEWAL.--A LICENSE ISSUED UNDER SUBSECTION (A) OR (B)

SHALL BE SUBJECT TO BIENNIAL RENEWAL . THE BOARD MAY ISSUE A

LICENSE RENEWAL TO A LICENSEE UPON THE SUBMISSION OF ALL OF THE

FOLLOWING:

(1) AN APPLICATION AND A FEE AS ESTABLISHED BY THE BOARD

BY REGULATION.

(2) VERIFICATION OF CURRENT CERTIFICATION IN GOOD

STANDING BY A CERTIFYING ENTITY.

(3 ) EVIDENCE OF HAVING ACTIVE PROFESSIONAL LIABILITY

INSURANCE COVERAGE AS SPECIFIED UNDER SUBSECTION (G).

(4) COMPLETION OF 30 HOURS OF CONTINUING EDUCATION. THE

FOLLOWING SHALL APPLY:

(I) AN APPLICANT FOR LICENSURE RENEWAL UNDER THIS

SUBSECTION SHALL COMPLETE AT LEAST THREE HOURS OF THE

CONTINUING EDUCATION REQUIREMENT UNDER THIS PARAGRAPH IN

APPROVED CHILD ABUSE RECOGNITION AND REPORTING TRAINING

AS SPECIFIED UNDER 2 3 PA.C.S. § 6383(B)(3) (RELATING TO

EDUCATION AND TRAINING).

(II) AN INDIVIDUAL WHO APPLIES FOR INITIAL LICENSURE

UNDER SUBSECTION (A) OR (B) SHALL BE EXEMPT FROM THE

CONTINUING EDUCATION REQUIREMENT UNDER THIS PARAGRAPH FOR

THE BIENNIAL RENEWAL PERIOD AFTER INITIAL LICENSURE.

(III) THE BOARD MAY WAIVE ALL OR A PORTION OF THE

CONTINUING EDUCATION REQUIREMENT UNDER THIS PARAGRAPH FOR

A LICENSEE WHO SHOWS TO THE SATISFACTION OF THE BOARD

THAT THE LICENSEE WAS UNABLE TO COMPLETE OR SATISFY THE

CONTINUING EDUCATION REQUIREMENT DUE TO SERIOUS ILLNESS,

MILITARY SERVICE OR OTHER DEMONSTRATED HARDSHIP.

(IV) THE BOARD MAY NOT GIVE CREDIT TOWARDS THE

COMPLETION OF THE CONTINUING EDUCATION REQUIREMENT UNDER

20210HB0019PN2639 - 31 -

THIS PARAGRAPH TO A LICENSEE FOR OFFICE MANAGEMENT OR

PRACTICE BUILDING.

( J) EFFECT OF LICENSURE.--L ICENSURE UNDER THIS SECTION SHALL

NOT BE CONSTRUED AS REQUIRING NEW OR ADDITIONAL THIRD-PARTY

REIMBURSEMENT OR OTHERWISE MANDATING COVERAGE UNDER 75 PA.C.S.

CH. 17 (RELATING TO FINANCIAL RESPONSIBILITY) OR THE ACT OF JUNE

2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION

ACT.

SECTION 4. SECTION 22(B) INTRODUCTORY PARAGRAPH OF THE ACT

IS AMENDED TO READ:

SECTION 22. LICENSES AND CERTIFICATES; GENERAL QUALIFICATION.

* * *

(B) QUALIFICATIONS.--THE BOARD SHALL NOT ISSUE A LICENSE OR

CERTIFICATE TO AN APPLICANT UNLESS THE APPLICANT ESTABLISHES

WITH EVIDENCE, VERIFIED BY AN AFFIDAVIT OR AFFIRMATION OF THE

APPLICANT, THAT THE APPLICANT IS OF LEGAL AGE, IS OF GOOD MORAL

CHARACTER AND IS NOT ADDICTED TO THE INTEMPERATE USE OF ALCOHOL

OR THE HABITUAL USE OF NARCOTICS OR OTHER HABIT-FORMING DRUGS

AND THAT THE APPLICANT HAS COMPLETED THE EDUCATIONAL

REQUIREMENTS PRESCRIBED BY THE BOARD AND OTHERWISE SATISFIES THE

QUALIFICATIONS FOR THE LICENSE OR CERTIFICATE CONTAINED IN OR

AUTHORIZED BY THIS ACT. IN ASSESSING THE MORAL CHARACTER OF AN

APPLICANT WITH A CRIMINAL CONVICTION, THE BOARD SHALL CONDUCT AN

INDIVIDUALIZED ASSESSMENT IN ACCORDANCE WITH 63 PA.C.S. § 3113

(RELATING TO CONSIDERATION OF CRIMINAL CONVICTIONS). THE BOARD

SHALL NOT ISSUE A LICENSE OR CERTIFICATE TO AN APPLICANT WHO HAS

BEEN CONVICTED OF A FELONY UNDER THE ACT OF APRIL 14, 1972

(P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT, OR OF AN OFFENSE UNDER THE LAWS OF

ANOTHER JURISDICTION WHICH, IF COMMITTED IN THIS COMMONWEALTH,

20210HB0019PN2639 - 32 -

WOULD BE A FELONY UNDER THE CONTROLLED SUBSTANCE, DRUG, DEVICE

AND COSMETIC ACT, UNLESS:

* * *

SECTION 5. THE STATE BOARD OF MEDICINE SHALL PROMULGATE

FINAL REGULATIONS NECESSARY TO IMPLEMENT THE ADDITION OF SECTION

13.7 OF THE ACT WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS

SECTION.

SECTION 6. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

20210HB0019PN2639 - 33 -