H.B. 91
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 16, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10025-NBf-57B*
Short Title: Reduce Reg. To Help Children with Autism. (Public)
Sponsors: Representative Bell.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REDUCE UNNECESSARY REGULATORY CONSTRAINTS FOR APPLIED
3 BEHAVIOR ANALYSIS.
4 The General Assembly of North Carolina enacts:
5 SECTION 1.(a) Chapter 90 of the General Statutes is amended by adding a new
6 Article to read:
7 "Article 43.
8 "Behavior Analyst Licensure.
9 "§ 90-726.1. Declaration of purpose.
10 The practice of behavior analysis in North Carolina affects the public health, safety, and
11 welfare of citizens of North Carolina and shall be subject to regulation to protect the public from
12 (i) the practice of behavior analysis by unqualified individuals and (ii) unprofessional, unethical,
13 or harmful conduct by individuals licensed to practice behavior analysis.
14 "§ 90-726.2. Definitions.
15 The following definitions apply in this Article:
16 (1) Behavior analysis. – The design, implementation, and evaluation of
17 systematic instructional and environmental modifications to produce
18 significant personal or interpersonal improvements in human behavior.
19 (2) Behavior technician. – A paraprofessional who delivers applied behavior
20 analysis services and who practices under the close, ongoing supervision of a
21 licensed behavior analyst, licensed assistant behavior analyst, or other
22 professional licensed under this Chapter or Chapter 90B of the General
23 Statutes, so long as the services of the licensed professional are within the
24 scope of practice of the license possessed by that licensed professional, and
25 the services performed are commensurate with the licensed professional's
26 education, training, and experience. The behavior technician does not design
27 assessment or intervention plans or procedures but delivers services as
28 assigned by a supervisor who is responsible for the behavior technician's
29 work.
30 (3) Board. – The North Carolina Behavior Analyst Board.
31 (4) Certifying entity. – The nationally accredited Behavior Analyst Certification
32 Board, Inc., or its successor.
33 (5) Institution of higher education. – A university, college, professional school,
34 or other institution accredited in the United States, Canada, or other country.
35 For the purposes of this subdivision, accreditation shall be granted by the
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1 Commission on Recognition of Postsecondary Accreditation or comparable
2 official organization having accreditation authority.
3 (6) Licensed assistant behavior analyst. – An individual who is certified by the
4 certifying entity as a Board Certified Assistant Behavior Analyst has been
5 issued a license under this Article that is active, not suspended or revoked, and
6 permits the individual to engage in the practice of behavior analysis under the
7 supervision of a licensed behavior analyst.
8 (7) Licensed behavior analyst. – An individual who is certified by the certifying
9 entity as a Board Certified Behavior Analyst has been issued a license under
10 this Article that is active and not suspended or revoked.
11 (8) Practice of behavior analysis. – The practice of behavior analysis includes the
12 empirical identification of functional relations between behavior and
13 environmental factors known as functional assessment and analysis. Behavior
14 analysis interventions are based on scientific research and the direct
15 observation and measurement of behavior and the environment. In the practice
16 of behavior analysis, behavior analysts utilize contextual factors, motivating
17 operations, antecedent stimuli, positive reinforcement, and other
18 consequences to help people develop new behaviors, increase or decrease
19 existing behaviors, and emit behaviors under specific environmental
20 conditions. The practice of behavior analysis expressly excludes
21 psychological testing, cognitive therapy, sex therapy, psychoanalysis,
22 hypnotherapy, and long-term counseling as treatment modalities.
23 "§ 90-726.3. North Carolina Behavior Analysis Board.
24 (a) Establishment. – The North Carolina Behavior Analysis Board is created. The Board
25 shall consist of five members who shall serve staggered terms. The initial Board shall be selected
26 as follows:
27 (1) The General Assembly, upon the recommendation of the Speaker of the House
28 of Representatives, shall appoint one behavior analyst, who is certified by the
29 certifying entity as a Board Certified Behavior Analyst, to serve a three-year
30 term.
31 (2) The General Assembly, upon the recommendation of the President Pro
32 Tempore of the Senate, shall appoint one behavior analyst, who is certified by
33 the certifying entity as a Board Certified Behavior Analyst, to serve a two-year
34 term.
35 (3) The Governor shall appoint the following three members:
36 a. One behavior analyst, who is certified by the certifying entity as a
37 Board Certified Behavior Analyst, to serve a three-year term.
38 b. One assistant behavior analyst, who is certified by the certifying entity
39 as a Board Certified Assistant Behavior Analyst, to serve a two-year
40 term.
41 c. One public member to serve a one-year term.
42 Upon the expiration of the terms of the initial Board members, each member shall be
43 appointed by the appointing authorities designated in subdivisions (1) through (3) of this
44 subsection for a three-year term and shall serve until a successor is appointed and qualified. All
45 members appointed to the Board, except for the public member appointed by the Governor under
46 subdivision (3) of this subsection, shall be required to be licensed under this Article and shall
47 seek licensure in this State as soon as the first application period begins. No member may serve
48 more than two consecutive full terms.
49 (b) Vacancies. – If a member of the Board cannot complete a term of office, the vacancy
50 shall be filled in the same manner as the original appointment for the remainder of the unexpired
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1 term. No Board member shall participate in any matter before the Board in which the member
2 has a pecuniary interest or similar conflict of interest.
3 (c) Qualifications of Board members; removal of Board members. –
4 (1) Each licensed behavior analyst or licensed assistant behavior analyst member
5 of the Board shall have all the following qualifications:
6 a. Shall be a resident of this State and a citizen of the United States.
7 b. Shall be free of conflict of interest or the appearance of a conflict of
8 interest in performing the duties of the Board.
9 (2) Each public member of the Board shall have all of the following
10 qualifications:
11 a. Shall be a resident of this State and a citizen of the United States.
12 b. Shall be free of conflict of interest or the appearance of a conflict of
13 interest in performing the duties of the Board.
14 c. Shall not be a licensed behavior analyst or licensed assistant behavior
15 analyst, an applicant or former applicant for licensure as a behavior
16 analyst or assistant behavior analyst, or a member of a household that
17 includes a licensed behavior analyst or licensed assistant behavior
18 analyst.
19 (3) A Board member shall be automatically removed from the Board for any of
20 the following:
21 a. Ceases to meet the qualifications specified in this subsection.
22 b. Fails to attend three successive Board meetings without just cause as
23 determined by the remainder of the Board.
24 c. Is found by the remainder of the Board to be in violation of the
25 provisions of this Article or to have engaged in immoral, dishonorable,
26 unprofessional, or unethical conduct, and the conduct is deemed to
27 compromise the integrity of the Board.
28 d. Is found guilty of a felony or an unlawful act involving moral turpitude
29 by a court of competent jurisdiction or is found to have entered a plea
30 of nolo contendere to a felony or an unlawful act involving moral
31 turpitude.
32 e. Is found guilty of malfeasance, misfeasance, or nonfeasance regarding
33 Board duties by a court of competent jurisdiction.
34 f. Is incapacitated and without reasonable likelihood of resuming Board
35 duties, as determined by the Board.
36 (d) Meetings. – The Board shall elect annually a chair and other officers as it deems
37 necessary to carry out the purposes of this Article. The Board may hold additional meetings upon
38 the call of the chair or any two board members. A majority of the Board shall constitute a quorum.
39 (e) Compensation of Members; Expenses; Employees. – Members of the Board shall
40 receive no compensation for their services but shall receive per diem and necessary travel and
41 subsistence expenses as provided in G.S. 138-5 and G.S. 138-6. The Board may employ
42 necessary personnel for the performance of its functions and fix the compensation. The Board
43 shall not employ any of its members to perform inspectional or similar ministerial tasks for the
44 Board. In no event shall the State of North Carolina be liable for expenses incurred by the Board
45 in excess of the income derived from this Article.
46 "§ 90-726.4. Powers and duties of Board.
47 (a) The Board shall have the following powers and duties:
48 (1) Administer, coordinate, and enforce the provisions of this Article.
49 (2) Adopt, amend, or repeal rules to administer and enforce this Article.
50 (3) Establish and determine qualification and fitness of applicants for licensure
51 under this Article.
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1 (4) Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license
2 under this Article.
3 (5) Establish fees for applications, initial and renewal licenses, and other services
4 provided by the Board.
5 (6) Discipline individuals licensed under this Article.
6 (b) The Board may empower any member to conduct any proceeding or investigation
7 necessary to its purposes and may empower its agent or counsel to conduct any investigation
8 necessary to its purposes, but any final action requires a quorum of the Board. The Board shall
9 adopt an official seal, which shall be affixed to all licenses issued by it.
10 "§ 90-726.5. Annual report.
11 On June 30 of each year, the Board shall submit a report to the Governor of the Board's
12 activities since the preceding July 1, including (i) the names of all licensed behavior analysts and
13 licensed assistant behavior analysts to whom licenses have been granted under this Article, (ii)
14 any cases heard and decisions rendered in matters before the Board, (iii) the recommendations
15 of the Board as to future actions and policies, and (iv) a financial report. Each member of the
16 Board shall review and sign the report before its submission to the Governor. Any Board member
17 shall have the right to record a dissenting view.
18 "§ 90-726.6. License application.
19 (a) Each individual desiring to obtain a license under this Article shall apply to the Board
20 in accordance with the procedure and rules prescribed by the Board. Each applicant shall furnish
21 evidence satisfactory to the Board that the applicant meets all of the following criteria:
22 (1) The individual is of good moral character and conducts all professional
23 activities in accordance with accepted professional and ethical standards.
24 (2) The individual has not engaged in any practice at any time that would be a
25 ground for denial, revocation, or suspension of a license under
26 G.S. 90-726.12.
27 (3) The individual has submitted the required criminal history record, as required
28 by G.S. 90-726.14.
29 (4) The individual is qualified for licensure under the requirements of this Article.
30 (b) A license obtained through fraud or by any false representation is void.
31 "§ 90-726.7. Requirements for licensure as a behavior analyst.
32 Each applicant shall be issued a license by the Board to engage in the practice of behavior
33 analysis as a licensed behavior analyst if the applicant meets the qualifications set forth by the
34 Board in accordance with G.S. 90-726.4(a) and provides satisfactory evidence to the Board of all
35 the following criteria:
36 (1) The applicant is at least 18 years of age.
37 (2) The applicant has passed the certifying entity's Board Certified Behavior
38 Analyst examination.
39 (3) The applicant has an active status with the certifying entity as a Board
40 Certified Behavior Analyst.
41 "§ 90-726.8. Requirement of licensure as an assistant behavior analyst.
42 Each applicant shall be issued a license by the Board to engage in the practice of behavior
43 analysis as a licensed assistant behavior analyst if the applicant meets the qualifications set forth
44 in G.S. 90-726.4(a) and provides satisfactory evidence to the Board of all the following criteria:
45 (1) The applicant is at least 18 years of age.
46 (2) The applicant has passed the certifying entity's Board Certified Assistant
47 Behavior Analyst examination.
48 (3) The applicant has an active status with the certifying entity as a Board
49 Certified Assistant Behavior Analyst.
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1 (4) The applicant has an ongoing arrangement for supervision by a licensed
2 behavior analyst in a manner consistent with the certifying entity's
3 requirements for supervision of Board Certified Assistant Behavior Analysts.
4 "§ 90-726.9. Renewal of license.
5 (a) A license shall be granted under this Article for the period of two years.
6 (b) The Board shall renew a license granted under this Article upon completion of the
7 following:
8 (1) Proof of completion of any continuing education required by the certifying
9 entity.
10 (2) Payment of the renewal fee.
11 (3) Evidence of active certification by the certifying entity.
12 (4) For licensed assistant behavior analysts, evidence of the ongoing arrangement
13 for supervision by a licensed behavior analyst, as required by G.S. 90-726.8.
14 "§ 90-726.10. Temporary licensure.
15 (a) An actively licensed or certified behavior analyst who