Amendment AA1-AB789

LRBa1864/1

CTS:kjf:md

2009 - 2010 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2009 ASSEMBLY BILL 789

March 24, 2010 - Offered by Representative Hintz.

AB789-AA1,1,1 At the locations indicated, amend the bill as follows:

AB789-AA1,1,3 1. Page 1, line 2: before "insurance" insert "licensure and regulation of behavior analysts,".

AB789-AA1,1,6 2. Page 1, line 3: after "treatment" insert ", providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty".

AB789-AA1,1,7 3. Page 2, line 1: before that line insert:

AB789-AA1,1,9 " Section 1a. 157.055 (2) (intro.) of the statutes, as affected by 2009 Wisconsin Act 42, is amended to read:

AB789-AA1,1,13 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.10, and subch. VI VII of ch. 440, during a period of a state of emergency related to public health declared by the governor under s. 323.10, a public health authority may do all of the following:

AB789-AA1, s. 1b Section 1b. 440.03 (13) (b) 15m. of the statutes is created to read:

AB789-AA1,2,2 440.03 (13) (b) 15m. Behavior analyst.

AB789-AA1, s. 1bg Section 1bg. 440.08 (2) (a) 20m. of the statutes is created to read:

AB789-AA1,2,5 440.08 (2) (a) 20m. Behavior analyst: December 15 of each even-numbered year.

AB789-AA1, s. 1bm Section 1bm. Subchapter III of chapter 440 [precedes 440.310] of the statutes is created to read:

AB789-AA1,2,8 Chapter 440

AB789-AA1,2,9 subchapter III

AB789-AA1,2,10 behavior analysts

AB789-AA1,2,11 440.310 Definitions. In this subchapter:

AB789-AA1,2,14 (1) "Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board, Inc., as a board-certified behavior analyst and has been granted a license under this subchapter to engage in the practice of behavior analysis.

AB789-AA1,2,24 (2) "Practice of behavior analysis" means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior, including the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, including interventions based on scientific research and the direct observation and measurement of behavior and environment. "Practice of behavior analysis" does not include psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, marriage counseling, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities.

AB789-AA1,3,7 440.311 Use of title; penalty. (1) No person may use the title "behavior analyst" or represent or imply that he or she is a behavior analyst unless the person is licensed under this subchapter. This section may not be construed to restrict the practice of behavior analysis by a licensed professional who is not a behavior analyst, if the services performed are within the scope of the professional's practice and are performed commensurate with the professional's training and experience, and the professional does not represent that he or she is a behavior analyst.

AB789-AA1,3,9 (2) Any person who violates sub. (1) may be fined not more than $250, imprisoned not more than 3 months in the county jail, or both.

AB789-AA1,3,12 440.312 Licensure. (1) Except as provided in sub. (2), the department shall grant a license as a behavior analyst to a person under this subchapter if all of the following apply:

AB789-AA1,3,14 (a) The person submits an application to the department on a form provided by the department.

AB789-AA1,3,16 (b) The person pays the initial credential fee determined by the department under s. 440.03 (9) (a).

AB789-AA1,3,19 (c) The person submits evidence satisfactory to the department that the person is certified by the Behavior Analyst Certification Board, Inc., or its successor organization.

AB789-AA1,3,24 (2) The department may not grant a license under this subchapter to any person who has been convicted of an offense under s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.051, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11, 948.12, or 940.302 (2) (a) 1. b.

AB789-AA1,4,4 440.313 Renewal. (1) The renewal date for licenses granted under this subchapter is specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

AB789-AA1,4,8 (2) A behavior analyst shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department that he or she is, at the time he or she applies for renewal, certified by the Behavior Analyst Certification Board, Inc., or its successor organization.

AB789-AA1,4,14 440.314 Rules. (1) The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2), (3), and (4), any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.

AB789-AA1,4,19 (2) (a) The department may promulgate rules authorizing the department to issue a temporary permit to a person who is certified by the Behavior Analyst Certification Board, Inc., or its successor organization authorizing the practice of behavior analysis by the person under the supervision of a behavior analyst licensed under s. 440.312 (1).

AB789-AA1,4,20 (3) The rules may not do any of the following:

AB789-AA1,4,23 (a) Require an applicant for a license under this subchapter to have education in addition to the education required by the Behavior Analyst Certification Board, Inc., or its successor organization.

AB789-AA1,4,25 (b) Require a behavior analyst to practice behavior analysis under the supervision of, or in collaboration with, another health care provider.

AB789-AA1,5,2 (c) Require a behavior analyst to enter into an agreement, written or otherwise, with another health care provider.

AB789-AA1,5,3 (d) Limit the location where a behavior analyst may practice behavior analysis.

AB789-AA1,5,7 440.315 Informed consent. A behavior analyst shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and shall disclose to the client orally and in writing all of the following:

AB789-AA1,5,8 (1) A summary of the behavior analyst's experience and training.

AB789-AA1,5,9 (2) Any other information required by the department by rule.

AB789-AA1,5,13 440.316 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB789-AA1,5,17 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a behavior analyst or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the behavior analyst has done any of the following:

AB789-AA1,5,19 (a) Intentionally made a material misstatement in an application for a license or for renewal of a license.

AB789-AA1,5,22 (b) Subject to ss. 111.321, 111.322, and 111.34, practiced behavior analysis while his or her ability to engage in the practice was impaired by alcohol or other drugs.

AB789-AA1,5,23 (c) Advertised in a manner that is false or misleading.

AB789-AA1,5,25 (d) In the course of the practice of behavior analysis, made a substantial misrepresentation that was relied upon by a client.

AB789-AA1,6,2 (e) In the course of the practice of behavior analysis, engaged in conduct that evidences an inability to apply the principles or skills of behavior analysis.

AB789-AA1,6,3 (f) Obtained or attempted to obtain compensation through fraud or deceit.

AB789-AA1,6,4 (g) Allowed another person to use a license granted under this subchapter.

AB789-AA1,6,7 (h) Violated any law of this state or federal law that substantially relates to the practice of behavior analysis, violated this subchapter, or violated any rule promulgated under this subchapter.