This bill amends several sections of Nebraska's Revised Statutes to enhance the regulation of applied behavior analysts and child care facilities. It establishes the Behavior Analyst Practice Act, which includes new requirements for licensed behavior analysts, such as maintaining a physical presence in the state and prohibiting remote-only clinical supervision for certain treatment programs. The bill also empowers the Board of Behavior Analysts to investigate complaints and take disciplinary actions against licensees who violate the Act. Additionally, it mandates the Department of Health and Human Services to create clinical review protocols for applied behavior analysis services that exceed specified thresholds to ensure medical necessity and prevent overutilization.

Furthermore, the bill modifies the Child Care Licensing Act by clarifying that facilities providing medically necessary applied behavior analysis services are not required to obtain child care licensure if they do not offer custodial care or recreational supervision outside the scope of a client's treatment plan. However, such facilities will be subject to licensing requirements if they provide nonclinical programming or retain children for extended nontherapeutic periods. The Department is tasked with developing rules regarding dual licensing arrangements for programs that offer extended care components. The original sections of the statutes being amended are repealed as part of this legislative update.

Statutes affected:
Introduced: 38-4401, 68-901, 71-1908