North Carolina 2021-2022 Session Status: Enacted Bipartisan · 24 R · 3 D cosponsors

HB 91 — Accountability and Fair Play in Athletics.

Last action — Signed by Gov. 11/23/2021

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 42 sponsors

    3 primary, 39 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (24 R · 3 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

72 added · 71 removed

Plain-language change summary

The amended version of House Bill 91 clarifies the definitions related to behavior analysis, specifying the accreditation organization and the roles of licensed behavior analysts and assistant behavior analysts. Additionally, it includes more precise language in the description of behavior analysis practices, focusing on scientific research and the observation of behavior. These changes matter because they help ensure clear standards and qualifications for professionals in the field, which can lead to better support for individuals receiving behavior analysis services.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 91* Committee Substitute Favorable 2/23/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 91* Short Title:
Representatives Bell, Lambeth, K.
Baker, and Saine (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 17, 2021 A BILL TO BE ENTITLED AN ACT TO REDUCE UNNECESSARY REGULATORY CONSTRAINTS FOR APPLIED BEHAVIOR ANALYSIS.
Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House 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 *H91-v-2* General Assembly Of North Carolina Session 2021 Commission on Recognition of Postsecondary Accreditation or comparable official organization having accreditation authority.
*H91-v-1* General Assembly Of North Carolina Session 2021 For the purposes of this subdivision, accreditation shall be granted by the Commission on Recognition of Postsecondary Accreditation or comparable official organization having accreditation authority.
– An individual who is certified by the certifying entity 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 Assistant Behavior Analyst has been issued a license under this Article that is active, not suspended or revoked, and 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.
– An individual who is certified by the certifying entity as a Board Certified Behavior Analyst 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 House Bill 91*-Second Edition General Assembly Of North Carolina Session 2021 term.
– 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 House Bill 91*-First Edition General Assembly Of North Carolina Session 2021 term.
– (1) Each licensed behavior analyst or licensed assistant behavior analyst member of the Board shall have all of the following qualifications:
– (1) Each licensed behavior analyst or licensed assistant behavior analyst member of the Board shall have all the following qualifications:
House Bill 91*-Second 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.
House Bill 91*-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 House Bill 91*-Second 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.
Page 4 House Bill 91*-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 willfully concealing from the Board material information in connection with application for a license or for renewal of a license under this Article.
(3) Using fraud or deceit in securing or attempting to secure or renew a license under this Article or has 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 House Bill 91*-Second 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.
(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 House Bill 91*-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 House Bill 91*-Second Edition General Assembly Of North Carolina Session 2021 gratification of the licensed behavior analyst, licensed assistant behavior analyst, or a third party.
(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 House Bill 91*-First Edition General Assembly Of North Carolina Session 2021 gratification of the licensed behavior analyst, licensed assistant behavior analyst, or a third party.
House Bill 91*-Second 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.
House Bill 91*-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 House Bill 91*-Second Edition General Assembly Of North Carolina Session 2021 "§ 90-726.13.
Page 8 House Bill 91*-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 House Bill 91*-Second 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.
(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 House Bill 91*-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, 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.
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 House Bill 91*-Second 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.
The court is empowered to grant Page 10 House Bill 91*-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.
House Bill 91*-Second Edition Page 11
House Bill 91*-First Edition Page 11
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Action History

  1. Signed by Gov. 11/23/2021

  2. Ch. SL 2021-184

  3. Ratified

  4. Pres. To Gov. 11/18/2021

  5. Conf Report Adopted

  6. Conf Report Adopted

  7. Ordered Enrolled

  8. Conf Com Reported

  9. Placed On Cal For 11/17/2021

  10. Conf Com Reported

  11. Cal Pursuant Rule 44(d)

  12. Placed On Cal For 11/17/2021

  13. Conferees Changed

  14. Serial Referral to Rules, Calendar, and Operations of the House Stricken

  15. Withdrawn From Com

  16. Cal Pursuant Rule 36(b)

  17. Added to Calendar

  18. Failed Concur In S Com Sub

  19. Conf Com Appointed

  20. Conf Com Appointed

  21. Passed 3rd Reading

  22. Engrossed

  23. Special Message Sent To House

  24. Special Message Received For Concurrence in S Com Sub

  25. Ref to the Com on Education - K-12, if favorable, Rules, Calendar, and Operations of the House

  26. Amend Adopted A1

  27. Passed 2nd Reading

  28. Placed On Cal For 09/08/2021

  29. Reptd Fav

  30. Reptd Fav Com Substitute

  31. Com Substitute Adopted

  32. Re-ref Com On Rules and Operations of the Senate

  33. Withdrawn From Com

  34. Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

  35. Reptd Fav Com Substitute

  36. Com Substitute Adopted

  37. Re-ref Com On Rules and Operations of the Senate

  38. Reptd Fav Com Substitute

  39. Com Substitute Adopted

  40. Re-ref Com On Finance

  41. Withdrawn From Com

  42. Re-ref to Education/Higher Education. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

  43. Withdrawn From Com

  44. Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

  45. Regular Message Sent To Senate

  46. Regular Message Received From House

  47. Passed 1st Reading

  48. Ref To Com On Rules and Operations of the Senate

  49. Reptd Fav

  50. Cal Pursuant Rule 36(b)

  51. Added to Calendar

  52. Passed 2nd Reading

  53. Passed 3rd Reading

  54. Reptd Fav Com Sub 2

  55. Re-ref Com On Rules, Calendar, and Operations of the House

  56. Reptd Fav Com Substitute

  57. Re-ref Com On Finance

  58. Passed 1st Reading

  59. Ref to the Com on Health, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House

  60. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 39 co-sponsors · 137 not signed on · 28 voted No

Sponsors (3)

Co-sponsors (39)

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Conference Rpt Motion 8 To Adopt

Passed 41 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9400
Unaffiliated 14301
Republican 18001
Total 41702
% of votes cast 82%14%0%4%
How each member voted (50)
Member Party Vote
deViere — Yea
Foushee — Yea
Woodard — Yea
Ballard — Yea
Edwards — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
Steinburg — Yea
Fitch — Nay
Marcus — Nay
Nickel — Nay
Bazemore — Not Voting
D. Davis — Yea
J. Jackson — Yea
P. Newton — Yea
Dan Blue Democratic Nay
DeAndrea Salvador Democratic Nay
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Nay
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Yea
Sydney Batch Democratic Yea
Tracy Clark Democratic Nay
Amy S. Galey Republican Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Tom McInnis Republican Not Voting
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

C RPT Adoption

Passed 71 Yea · 43 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 43104
Democratic 42300
Unaffiliated 241702
U 0200
Total 714306
% of votes cast 59%36%0%5%
How each member voted (120)
Member Party Vote
Clemmons — Yea
Gill — Yea
Richardson — Yea
Wray — Yea
Boles — Yea
Bradford — Yea
Cleveland — Yea
Davis — Yea
Elmore — Yea
Faircloth — Yea
Hardister — Yea
Hurley — Yea
Johnson — Yea
McElraft — Yea
McNeill — Yea
Mills — Yea
Moore — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Szoka — Yea
Zachary — Yea
Autry — Nay
Cooper-Suggs — Nay
Farkas — Nay
Fisher — Nay
Gailliard — Nay
Garrison — Nay
Graham — Nay
Harris — Nay
Hunt — Nay
Hunter — Nay
Hurtado — Nay
Insko — Nay
Lucas — Nay
Martin — Nay
Terry — Nay
vonHaefen — Nay
Yarborough — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Not Voting
R. Smith — Nay
Abe Jones Democratic Nay
Allison A. Dahle Democratic Nay
Amber M. Baker Democratic Nay
Amos L. Quick, III Democratic Nay
Becky Carney Democratic Nay
Brandon Lofton Democratic Nay
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Nay
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Nay
Dante Pittman Democratic Yea
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Gale Adcock Democratic Nay
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Nay
James Roberson Democratic Nay
Joe John Democratic Nay
Marcia Morey Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Nay
Shelly Willingham Democratic Yea
Terence Everitt Democratic Nay
Terry M. Brown Jr. Democratic Nay
Vernetta Alston Democratic Nay
Zack Hawkins Democratic Nay
A. Reece Pyrtle, Jr. Republican Yea
Ben T. Moss, Jr. Republican Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Not Voting
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Not Voting
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Not Voting
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Nay
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Not Voting
Steve Tyson Republican Yea
Timothy D. Moffitt Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Nay
Nasif Majeed U Nay

Official roll call →

Subjects

public-safety education
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Frequently asked questions

Who sponsors HB 91?
HB 91 is sponsored by Cecil Brockman (Democratic), R. Smith, K. Smith, Phil Shepard (Republican), Larry C. Strickland (Republican), Harry Warren (Republican), Donna McDowell White (Republican), Shelly Willingham (Democratic), David Willis (Republican), Matthew Winslow (Republican), Wray, John R. Bell, IV (Republican), Donny Lambeth (Republican), Saine, Dean Arp (Republican), Boles, Bradford, William D. Brisson (Republican), Carter, Amber M. Baker (Democratic), Cleveland, Jimmy Dixon (Republican), Faircloth, Karl E. Gillespie (Republican), Kyle Hall (Republican), Chris Humphrey (Republican), Hunter, Hurley, Frank Iler (Republican), Brenden H. Jones (Republican), Keith Kidwell (Republican), McElraft, Jeffrey C. McNeely (Republican), Timothy D. Moffitt (Republican), Moore, Howard Penny, Jr. (Republican), Richardson, Sasser, Mitchell S. Setzer (Republican), Ben T. Moss, Jr. (Republican), Ted Davis, Jr. (Republican), and Mike Clampitt (Republican).
What is the current status of HB 91?
This bill has been enacted into law. Introduced February 16, 2021. Enacted.
Where can I track HB 91?
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