SB 103 — Reduce Reg. To Help Children with Autism.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 21 SENATE BILL 103* Health Care Committee Substitute Adopted 2/24/21 Short Title:

Senators Perry, Lee, and Barnes (Primary Sponsors).

Rules and Operations of the Senate February 17, 2021 A BILL TO BE ENTITLED AN ACT TO REDUCE UNNECESSARY REGULATORY CONSTRAINTS FOR APPLIED BEHAVIOR ANALYSIS.

For the purposes of this subdivision, accreditation shall be granted by the *S103-v-2**S103-v-1* General Assembly Of North Carolina Session 2021 Commission on Recognition of Postsecondary Accreditation or comparable official organization having accreditation authority.

– An individual who is certified by the certifying entityasentity as a Board Certified Assistant Behavior Analyst and has been issued a license under this Article that (i) is active, (ii) is not suspended or revoked, and (iii) permits the individual to engage in the practice of behavior analysis under the supervision of a licensed behavior analyst.

– An individual who is certified by the certifying entity as a Board Certified Behavior Analyst and has been issued a license under this Article that is active and not suspended or revoked.

– If a member of the Board cannot complete a term of office, the vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired Page 2 Senate Bill 103*-Second103*-First Edition General Assembly Of North Carolina Session 2021 term.

Senate Bill 103*-Second103*-First Edition Page 3 General Assembly Of North Carolina Session 2021 (4) Issue, renew, deny, suspend, revoke, or refuse to issue or renew any license under this Article.

Page 4 Senate Bill 103*-Second103*-First Edition General Assembly Of North Carolina Session 2021 (4) The applicant has an ongoing arrangement for supervision by a licensed behavior analyst in a manner consistent with the certifying entity's requirements for supervision of Board Certified Assistant Behavior Analysts.

(3) Using fraud or deceit in securing or attempting to secure or renew a license under this Article or willfullyconcealinghas willfully concealed from the Board material information in connection with application for a license or for renewal of a license under this Article.

(4) Using fraud, deceit, or misrepresentation upon the public, the Board, or any individual in connection with the practice of behavior analysis, the filing of Senate Bill 103*-Second103*-First Edition Page 5 General Assembly Of North Carolina Session 2021 Medicare,Medicaid,orotherclaimstoanythird-partypayor,orinanymanner otherwise relevant to fitness for the practice of behavior analysis.

(18) Exercising undue influence in a manner that exploits the client, patient, student, supervisee, or trainee for the financial or other personal advantage or Page 6 Senate Bill 103*-Second103*-First Edition General Assembly Of North Carolina Session 2021 gratification of the licensed behavior analyst, licensed assistant behavior analyst, or a third party.

Senate Bill 103*-Second103*-First Edition Page 7 General Assembly Of North Carolina Session 2021 (f) ExceptasprovidedotherwiseinthisArticle,theprocedureforrevocation,suspension, denial, limitations of the license, or other disciplinary, remedial, or rehabilitative actions shall be in accordance with the provisions of Chapter 150B of the General Statutes.

Page 8 Senate Bill 103*-Second103*-First Edition General Assembly Of North Carolina Session 2021 "§ 90-726.13.

(2) The individual is a behavior technician delivering applied behavior analysis services under the extended authority and direction of a licensed behavior analyst, licensed assistant behavior analyst, or other professional licensed Senate Bill 103*-Second103*-First Edition Page 9 General Assembly Of North Carolina Session 2021 under this Chapter or Chapter 90B of the General Statutes, so long as the services of the licensed professional are within the scope of practice of the licensepossessedbythat licensedprofessional, andtheservices performed are commensurate with the licensed professional's education, training, and experience.

90-726.15,90-726.17, it shall be a violation of this Article for any individual not licensed under this Article to practice behavior analysis or to hold oneself out to the public as an individual practicing behavior analysis.

The court is empowered to grant Page 10 Senate Bill 103*-Second103*-First Edition General Assembly Of North Carolina Session 2021 injunctions regardless of whether criminal prosecution or other action has been or may be instituted as a result of the violation." SECTION 2.(b) This section becomes effective January 1, 2022, and applies to acts committed on or after that date.

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