SB 258 — Revises provisions relating to applied behavior analysis. (BDR 39-248)

- 80th Session (2019) – 5 – 7.

9.

Any member of the clergy;

or to11. a pupil in a public school in a manner consistent with the training and experience of the person, 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician.

A person who provides applied behavior analysis services to a pupil in a public school in a manner consistent with the training and experience of the person,  if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician.

(c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not otherwise separately provide applied behavior analysis services directly to natural persons;

(d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not otherwise - *SB258_R2* – 6 – separately provide applied behavior analysis services directly to natural persons;

and - 80th Session (2019) – 6 – (b) Shall not represent or imply that he or she is licensed [, certified] or registered [by the Division.] pursuant to this chapter.

(a) A program in applied behavior analysis offered by the collegecol(b) orAn universityinternship in which he or fellowship.r she is enrolled;

or (b)2. An internship or fellowship.

2.

and (b) Shall not identify himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, or represent or imply that he or toshe thisis chapter.[,licensed [, certified] or registered [by the Division.] pursuant Sec.to this chapter.

Sec.

The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts [, state certified behavior interventionists] and registered behavior technicians limit theircompetence.ice practice of applied behavior analysis to their areas of competence.Sec.

Sec.

437.110 The Board may make and promulgate rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure [, certification] or registration of applicants, the granting, refusal, - *SB258_R2* – 7 – revocation or suspension of licenses [, certificates] or registrations and the practice of applied behavior analysis.

- 80th Session (2019) – 7 – [1.] (a) Examine and pass upon the qualifications of applicants for licensure [, certification] and registration.

Collect all fees and make disbursements pursuant to this chapter.] 2.may delegate to the Division, in whole or in part, any dutye Board prescribed by subsection 1.

Except as otherwise provided in this subsection, the Board may delegate to the Division, in whole or in part, any duty prescribed by subsection 1.

(a) Collect applications and fees and make disbursements pur(b)pursuant Withto thethis approvalchapter; of the Board, conduct investigations of licensees and registrants;

and(b) subsectionWith 2.mthe anyapproval dutyof delegatedthe byBoard, theconduct Boardinvestigations pursuantof tolicensees Sec.and registrants;

and (c) Perform any duty delegated by the Board pursuant to subsection 2.

Sec.

437.140regulation, 1.fees for the issuance, renewal and reinstatement of a by license [, certificate] or registration and any other services provided by the Division pursuant to this chapter.

The [Division] Board shall prescribe, by regulation, fees for the issuance, renewal and reinstatement of a license [, certificate] or registration and any other services provided by the Division pursuant to this chapter.

- *SB258_R2* – 8 – 2.

Money received from the licensure of behavior analysts and assistant behavior analysts [, certification of state certified behavior interventionists] and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board or the - 80th Session (2019) – 8 – Division for purposes relating to the duties of the Board or the Division under the provisions of this chapter must be deposited in a separate account in the State General Fund.

437.145 1.

The Division shall make and keep:

may3. keep the personnel records of applicants confidential.Division 4.

Except as otherwise provided in this section and NRS other239.0115, information filed with the complaintDivision andmay allkeep documentsthe andpersonnel otherrecords information compiled as a result of anapplicants investigationconfidential. conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Division requesting that such documents and information be made public records.

4.

Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Division requesting that such documents and information be made public records.

The charging documents filed with the Division to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Division and thetheother Board when determining whether to impose discipline are public records.

- *SB258_R2* – 9 – Sec.

- 80th Session (2019) – 9 – (a) Make application to the Division upon a form and in a manner prescribed by the Division.

(1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division;Divisi(2) Submit to the Division:

and (2) Submit to the Division:

or (II) Written verification, on a form prescribed by the Division, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law that enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background.

2.

The Division may:

- *SB258_R2* – 10 – 3.

An applicant for registration as a registered behavior technician is not required to comply with paragraph (b) of subsection 1 if he or she submits to the Division verification from - 80th Session (2019) – 10 – a supervising psychologist, behavior analyst or assistant behavior analyst that:

and (b) It is the policy of the Behavior Analyst Certification Board, Inc., or its successor organization, to conduct an investigation into the criminal background of an applicant for registration as a registered behavior technician or an equivalent credential that includes the submission of fingerprints to the Federal Bureau of Investigation.

437.205Sec. 1.RS 4Except as otherwise provided in NRS 437.215:

and19. 437.220, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the [Division] Board that the applicant:

(a)NRS Is437.205 ofis goodhereby moralamended characterto read as determinedfollows: by the [Division.] Board.

(b)437.205 Is1. a citizen of the United States or is lawfully entitled to remain and work in the United States.

Except as otherwise provided in NRS 437.215 and 437.220, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the [Division] Board that the applicant:

(a) Is of good moral character as determined by the [Division.] Boa(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

- *SB258_R2*80th Session (2019) – 11 – (c) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

[Each application for certification as a state certified behavior interventionist must contain proof that the applicant meets the qualifications prescribed by regulation of the Board, which must be no less stringent than the requirements for registration as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in int4.]st Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

4.] Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician, or an equivalent credential, by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for(b)for Issuelicensure a[, writtencertification] statementor toregistration; the applicant of its determination.

qualificationsand of(b) theIssue applicanta are insufficient for licensure [, certification] or registration, the written statement issued to the applicant pursuant to subsection [5] 4 must include a detailed explanation of theits reasons for that determination.

Sec.[6.] 5.

If the [Division] Board determines that the qualifications of the applicant are insufficient for licensure [, certification] or registration, the written statement issued to the explanation of the reasons for that determination.e a detailed Sec.

(b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician shall submit to the Aging and Disability - 80th Session (2019) – 12 – Services Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and - *SB258_R2* – 12 – Human Services pursuant to NRS 425.520.

or (b)3.) AAA separatelicense formas prescribeda behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must not be issued or renewed by the Division.[Aging and Disability Services Division] Board if the applicant:

3.

A license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must not be issued or renewed by the [Aging and Disability Services Division] Board if the applicant:

or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to thecingthe order, the Aging and Disability Services Division shall advise the enforcingapplicant the order to determinecontact the actionsdistrict thatattorney theor applicantother maypublic agency take to satisfy the arrearage.arrearage.ne the actions that the applicant may Sec.

Sec.

- 80th Session (2019) – 13 – (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or - *SB258_R2* – 13 – any state or territory in which the applicant currently holds or has held a license as a behavior analyst;

(b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 437.200;

or (b) Ten days after the Division receives a report on the fingerprints,ackgroundapplicant’s background based on the submission of the applicant’s fingerprints,  whicheverwSec. occurs later.

22.

NRS 437.220 is hereby amended to read as follows:

The [Division] Board may issue a license byows:by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section.

endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section.

- 80th Session (2019) – 14 – (a) Proof satisfactory to the [Division] Board that the applicant:

(3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or - *SB258_R2* – 14 – the state or territory in which the applicant holds a license as a behavior analyst;

and (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

District of Columbia or any state or territory of (b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints in the manner provided in NRS 437.200;

or applicant’s background based on the submission of the applicant’s fingerprints,  w4.cheAtwhichever anyoccurs timelater. before making a final decision on an application for a license by endorsement pursuant to this section, the [Division] Board may grant a provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.

4.

At any time before making a final decision on an application for a license by endorsement pursuant to this section, the [Division] Board may grant a provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.

To renew a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior - 80th Session (2019) – 15 – interventionist] or registration as a registered behavior technician, each person must, on or before the first day of January of each odd- numbered year:

- *SB258_R2* – 15 – (1) Of completion of the requirements for continuing education as set forth in regulations adopted by the [Division,] Board, if(2) applicable;That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing;

and (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing;

and (b)a Include,license withoutreceive limitation,at aleast requirement2 thathours theof holderinstruction ofon evidence-basedf suicide prevention and awareness.sawareness. of instruction on evidence-based 4.

[The4. Board may adopt regulations requiring each state a prerequisite for the renewal of his or her certificate.education as 5.] The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

[The Board may adopt regulations requiring each state certified behavior interventionist to receive continuing education as a prerequisite for the renewal of his or her certificate.

5.] The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician must indicate in the application submitted to the Division - 80th Session (2019) – 16 – whether the applicant has a state business license.

If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

- *SB258_R2* – 16 – (a) The applicant fails to submit the information required by subsection 1;

ororcant fails to submit the information required by (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

The [Division] Board may, within 2 years after the date the license [, certificate] or registration is so suspended, reinstate the license [, certificate] or registration uponupono payment to the Division of the amount of the then current biennial fee for the renewal of a license [, certificate] or registration and the amount of the fee for the restoration of a license [, certificate] ortheor registration so suspended.

If the license [, certificate] or registration is not reinstated within 2 years, the [Division] Board may reinstate the license [, certificate] or registration only if it also determines that the holder of the license [, certificate] or registration is competent to practice as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, as applicable.

- 80th Session (2019) – 17 – 2.

The [Division] Board may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst [, certificate as a state certified behavior interventionist] or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the Division finds by a preponderance of the evidence that the person has:

finds by a preponderance of the (a) Been convicted of a felony relating to the practice of applied behavior analysis.

- *SB258_R2* – 17 – (b) Been convicted of any crime or offense that reflects the inability of the person to practice applied behavior analysis with due regard for the health and safety of others.

(g) Violated a regulation adopted by the Board.

(i) Failed to report to the Division within 30 days the revocation, suspension or surrender of, or any other disciplinary action takenion,taken against, a license, certificate or registration to practice applied thebehavior Unitedanalysis States,issued to the Districtperson ofby Columbiaanother state or aterritory foreign country.ory of (j)the ViolatedUnited orStates, attempted to violate, directly or indirectly, or assisted in or abetted the violationDistrict of Columbia or conspired to violate a provisionforeign ofcountry. this chapter.

- 80th Session (2019) – 18 – (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

(n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

a false claim for payment to (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

- *SB258_R2* – 18 –  This paragraph applies to an owner or other principal responsible for the operation of the facility.

If the Division or a hearing officer appointed by the Division finds a person guilty in a disciplinary proceeding, the Divisionreceiving shallsuch transmitnotice, noticethe ofBoard thatmay:t finding to the Board.

Upon receiving(a) suchAdminister notice,a thepublic Boardreprimand. may:

(a) Administer a public reprimand.

(g) Suspend the enforcement of any penalty by placing the person on probation.

The [Division] Board may revoke the the probation if the person does not follow any conditions imposed.

- 80th Session (2019) – 19 – (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the [Division.] Board.

The [Division] Board shall not administer a private reprimand.rep3.manAn order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

3.

An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

The Board shall - *SB258_R2* – 19 – deem the license [, certificate] or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives and transmits to the Board a letter issued to the holder of the license [, certificate] or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license [, certificate] or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

The [Division] Board shall reinstate a license [, certificate] or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Division receives and transmits to the Board a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license [, certificate] or registration was suspended stating that the person whose license [, certificate] or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

article- as80th requiredSession by(2019) the– subpoena,20 the– Division2. may , with theny approval of the Board, file a petition with the district court stating tha(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

If any witness refuses to attend or testify or produce any article as required by the subpoena, the Division may , with the approval of the Board, file a petition with the district court stating that:

(a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

and (c) The witness has failed or refused to attend or produce the articlespropounded requiredto byhim theor subpoenaher,subpoena or has refused to answer questions propounded to him or her,  and asking for an order of the court compelling the witness to attend and testify before the Division or a hearing officer, or produce the articles as required by the subpoena.

If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before - *SB258_R2* – 20 – the Division or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

The Division, the Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians which becomes aware that any one or aaregistered combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Division.

- 80th Session (2019) – 21 – 1.

and original2. complaint, along with further facts or information derived from the review, to the Attorney General.

If the Division retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.

Sec.

33.

NRS 437.440 is hereby amended to read as follows:

The Division shall request the approval of the:the Board to conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has Division shall conduct such an investigation.e Board, the 2.

Board to conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has violated NRS 437.500.

Upon the approval of the Board, the Division shall conduct such an investigation.

2.

Upon - *SB258_R2* – 21 – the approval of the Board, the Division shall provide such a summary to the Attorney General.

Each violation of NRS 437.500 constitutes a separate offense for whichwhi4. a separate citation may be issued.

4.a For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:

For any person who violates the provisions of NRS 437.500, the Division shall assess an administrative fine of:

If the Division retains the Attorney General pursuant to NRS 437.435, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, - 80th Session (2019) – 22 – suspension or revocation of the license [, certificate] or registration.

If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Division in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

respect2. to each complaint reported to it by the Attorney General [.] and submit that determination to the Board.

The [Division]Division Boardshall shall:promptly make a determination with respect to each complaint reported to it by the Attorney General [.] and submit that determination to the Board.

(a)The [Division] Board sha(a) Dismiss the complaint;

437.450 Notwithstanding the provisions of chapter 622A of NRS, if the Division has reason to believe that the conduct of any behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the Division may , with the approval of the Board, require the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to take a written or oral examination to determine whether the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician is competent to practice applied - *SB258_R2* – 22 – behavior analysis.

Sec.437.455.

36.NRNotwithstanding the provisions of chapter 622A of NRS, if the [Division or a hearing officer] Board issues an order suspending the license of a behavior analyst or assistant behavior analyst [, certificate of a state certified behavior interventionist] or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the [Division or hearing officer] Board issues the order.

NRS- 437.45580th isSession hereby(2019) amended– to23 read– asSec. follows:

437.455 Notwithstanding the provisions of chapter 622A of NRS, if the [Division or a hearing officer] Board issues an order suspending the license of a behavior analyst or assistant behavior analyst [, certificate of a state certified behavior interventionist] or registration of a registered behavior technician pending proceedings for disciplinary action and requires the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician to submit to an examination of his or her competency to practice applied behavior analysis, the examination must be conducted and the results obtained within 60 days after the [Division or hearing officer] Board issues the order.

Sec.

agency2. showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst [, as a registered behavior technician is conclusive evidence of itsistration occurrence.

A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a certificate as a state certified behavior interventionist] or registration as a registered behavior technician is conclusive evidence of its occurrence.

-437.475 *SB258_R2*1.RS –43Notwithstanding 23the –provisions Sec.of chapter 622A of NRS:

39.[1.] (a) Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst [, certificate to practice as a state certified behavior interventionist] or - 80th Session (2019) – 24 – registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

NRS 437.475 is hereby amended to read as follows:

437.475 1.

Notwithstanding the provisions of chapter 622A of NRS:

[1.] (a) Pending disciplinary proceedings before the Division or a hearing officer, the court may, upon application by the Division or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst [, certificate to practice as a state certified behavior interventionist] or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

the Attorney General may maintain in any court of competent, or jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician without the proper license [, certificate] or registration .

437.485 In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Division, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts [, state certified behavior interventionists] or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst [, certification of a state certified behavior - *SB258_R2* – 24 – interventionist] or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst [, a state certified behavior interventionist] or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

- 80th Session (2019) – 25 – (b) Whose license [, certificate] or registration has been revoked;

(a)conditions Mayand requireof thefitness personas toit submitconsiders suchproper.ence evidence of changed conditions(b) andShall ofdetermine fitnesswhether asunder itall considersthe proper.circumstances the time of the application is reasonable.

(b) Shall determine whether under all the circumstances the time of (c) [May] Shall submit its determination concerning the application to the Board.

paragraph3. (c) of subsection 2, the Board may deny the applicationo or modify or rescind its order as it considers the evidence and the public safety warrants.

Upon receiving a determination of the Division pursuant to paragraph (c) of subsection 2, the Board may deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

A licensed assistant behavior analyst shall not providesupervision orof:rvise supervise behavioral therapy except under the supervision(a) of:A licensed psychologist;

(a) A licensed psychologist;

- *SB258_R2* – 25 – 2.

- 80th Session (2019) – 26 – 2.

Except as otherwise provided in NRS 437.060 and 437.065, represents himself or herself as a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registered behavior technician, unless he or she has been issued a license [, certificate] or registration as required by this chapter;

Except as otherwise provided in NRS 437.060, 437.065 and 437.070, practices as an applied behavior analyst, assistant behavior analyst [, state certified behavior interventionist] or registerediorregistered behavior technician unless he or she has been issued a license [, certificate] or registration, as applicable,  is guilty of a gross misdemeanor.

The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self- insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the reaches the age of 1822 yearsyears.led or, if enrolled in high school, until the person reaches2. the age of 22 years.

2.

and - *SB258_R2* – 26 – (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a plan of self-insurance to the same extent as other medical services or prescription drugs covered by the policy.

- 80th Session (2019) – 27 – (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance;

Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for tre5.treatment of autism spectrum disorders.

Treatment5. of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or care, behavioral therapy or therapeutic care that is:are, psychological (a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist;

Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist;

 A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and6.eviA plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and reviewany aprovision treatmentof the plan createdof pursuantself-insurance toor thisthe subsection.renewal which is in conflict with subsection 1 or 2 is void.

6.7.

A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsection 1 or 2 is void.

- *SB258_R2* – 27 – 7.

- 80th Session (2019) – 28 – (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

[or state certified behavior interventionist.] (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs,ing,programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

- *SB258_R2* – 28 – (h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

- 80th Session (2019) – 29 – (i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(l) “Screening for autism spectrum disorders” means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.

tests to diagnose (m) [“State certified behavior interventionist” has the meaning ascribed to it in NRS 437.055.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior anaSec.analyst.

Sec.

The Division shall, consistent with the priorities est(a)established Serveby asthe aCommission clearinghousepursuant for information related to problemsNRS of427A.038: the aged and aging.

(a) Serve as a clearinghouse for information related to problems of the aged and aging.

(c) Develop plans, conduct and arrange for research and demonstrationdem(d) Provide technical assistance and consultation to political subdivisions with respect to programs infor the fieldaged ofand aging.

(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available - *SB258_R2* – 29 – from the Federal Government for services to aging persons and the - 80th Session (2019) – 30 – conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

(b) Work with persons with disabilities, persons interested in mattersgovernmental relatingagencies toin:ns persons with disabilities and state and local governmental(1) agenciesDeveloping in:and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed;

(1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed;

(d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons withswith in disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection,subsect(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division shall:to each of the local governmental agencies that provides services or programs to persons with disabilities;

(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

- 80th Session (2019) – 31 – (e) Administer the following programs in this State that provide services for persons with disabilities:

- *SB258_R2* – 30 – (1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;

(3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

persons who are deaf and (4) Any state program for independent living established pursuant to 29 U.S.C.

(g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the disabilitiesuse toof receive:oups,surveys, focus groups, hearings or councils of persons with (1) Meaningful input from persons with disabilities regardingto withoutreceive: limitation, services described in their individual service, plans, and their satisfaction with those services;

and(1) (2)Meaningful Public input from persons with disabilities regarding the development,extent implementationto andwhich reviewsuch ofpersons anyare programsreceiving orservices, servicesincluding, forplans, personsand their satisfaction with disabilities.those services;

anddual service (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

- 80th Session (2019) – 32 – (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the - *SB258_R2* – 31 – practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educationaleduc(5) setting;Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

and (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

or marriage and family therapist intern pursuant to chapter 641A of NRS4.NRS;

4.

A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse - 80th Session (2019) – 33 – counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

A person who is licensed as a behavior analyst or an assistant behavior analyst [, certified as a state certified behavior interventionist] or registered as a registered behavior technician - *SB258_R2* – 32 – pursuant to chapter 437 of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 437.040;

or 9. if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

Any member of the clergy,  if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

(a)coinsurance Requireor anrequire insureda tolonger paywaiting aperiod higherfor deductible,optional copaymentcoverage or for outpatient care related to autism spectrum disorders than isrageis required for other outpatient care covered by the policy;

or (b) Refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or - 80th Session (2019) – 34 – rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

- *SB258_R2* – 33 –  An insurer may request a copy of and review a treatment plan createdcre6.ed pursuantNothing toin this subsection.section shall be construed as requiring an insurer to provide reimbursement to a school for services delivered through school services.

6.

Nothing in this section shall be construed as requiring an insurer to provide reimbursement to a school for services delivered through school services.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior techniciantec(d) .“Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

[or(e) state“Habilitative certifiedor behaviorrehabilitative interventionist.]care” (d)means “Evidence-basedcounseling, research”guidance meansand researchprofessional services and treatment programs, including, without limitation, applied behavior analysis, that appliesare knowledgenecessary relevantto develop, maintain and restore, to autismthe spectrummaximum disorders.extent practicable, the functioning of a person.

obtain(f) valid“Licensed (e)assistant “Habilitativebehavior oranalyst” rehabilitativemeans care”a meansperson counseling,who including,holds withoutcurrent limitation,certification appliedas behaviora analysis,Board thatCertified areAssistant necessaryBehavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to develop,that maintainorganization, who is licensed as an assistant behavior analyst by the Aging and restore,Disability toServices - 80th Session (2019) – 35 – Division of the maximumDepartment extentof practicable,Health and Human Services and who provides behavioral therapy under the functioningsupervision of a person.licensed behavior analyst or psychologist.

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

- *SB258_R2* – 34 – (h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to aacian or comprehensive evaluation in coordination with a licensed behavior anaSec.analyst.

Sec.

for689B.0335 screening1. for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

and - 80th Session (2019) – 36 – (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.

(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the policy;

orors -than *SB258_R2*is –required 35 – (b) Refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the person applying for or covered by the policy uses or may use in the future any of the services listed in subsection 1.

created Anpursuant insurerto maythis requestsubsection.nd a copy of and review a treatment plan created6. pursuant to this subsection.

6.A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the policy or the renewal which is in conflict with subsection 1 or 2 is void.

A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by in conflict with subsection 1 or 2 is void.cy or the renewal which is 7.

Nothing in this section shall be construed as requiring an throughinsurer schoolto services.ursementprovide reimbursement to a school for services delivered 8.through school services.

8.

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially - 80th Session (2019) – 37 – significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst,analyst,avior licensed assistant behavior analyst [,] or registered behavior technician .

[or state certified behavior interventionist.] - *SB258_R2* – 36 – (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(g) “Licensed behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.

(h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

(i) “Psychiatric care” means direct or consultative services psychiatrist practices.ist licensed in the state in which the (j) “Psychological care” means direct or consultative services provided by a psychologistpsychiatrist licensed in the state in which the psychologistpsychiatrist practices.

- 80th Session (2019) – 38 – (j) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

(m) [“State certified behavior interventionist” has the meaning ascribedasc(n)] to“Therapeutic itcare” inmeans NRSservices 437.055.provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.

(n)][(o)] “Therapeutic(n) care”“Treatment plan” means servicesa providedplan to treat an autism spectrum disorder that is prescribed by a licensed physician or certifiedlicensed speech-languagepsychologist pathologists,and occupationalmay therapistsbe anddeveloped physicalpursuant therapists.to a comprehensive evaluation in coordination with a licensed behavior analyst.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a - *SB258_R2* – 37 – comprehensive evaluation in coordination with a licensed behavior analyst.

and (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the same extent as other medical services or prescription drugs coveredcoveredhe by the plan.

or (b) Refuse to issue a health benefit plan or cancel a health benefit plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in sub4.ctiExceptsubsection as1. otherwise provided in subsections 1 and 2, a carrier shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

- 80th Session (2019) – 39 – 4.

Except as otherwise provided in subsections 1 and 2, a carrier shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

(a) Prescribed for a person diagnosed with an autism spectrum dis(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physicianphysician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed psychologist;physician, psychologist or behavior analyst.

and (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after - *SB258_R2* – 38 – January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan or the renewal which is in conflict with subsection 1 or 2 is void.

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

[or state certified behavior interventionist.] - 80th Session (2019) – 40 – (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs,ing,programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

- *SB258_R2* – 39 – (h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

(j) “Psychological care” means direct or consultative services provided by a psychologist practices.ist licensed in the state in which the psychologist(k) practices.“Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

(k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or - 80th Session (2019) – 41 – licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior anaSec.analyst.

Sec.

maintenance695C.1717 organization1. must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care person reaches the age of 22 years.if enrolled in high school, until the 2.

or - *SB258_R2* – 40 – (b) Refuse to issue a health care plan or cancel a health care plan solely because the person applying for or covered by the plan uses or may use in the future any of the services listed in subsection 1.

Except as otherwise provided in subsections 1 and 2, a health maintenance organization shall not limit the number of visits anautism enrolleespectrum maydisorders.y make to any person, entity or group for treatment of autism5. spectrum disorders.

5.

- 80th Session (2019) – 42 – 6.

Evidence of coverage subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the evidence of void.agecoverage or the renewal which is in conflict with subsection 1 or 2 is 7.void.

Nothing7. in this section shall be construed as requiring a school for services delivered through school services.nt to a 8.

AsNothing used in this section:section shall be construed as requiring a health maintenance organization to provide reimbursement to a school for services delivered through school services.

(a) “Applied behaviorin analysis”tbehaviorion:analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

[or state certified behavior interventionist.] - *SB258_R2* – 41 – (d) “Evidence-based research” means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs,programs,ing, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

- 80th Session (2019) – 43 – (g) “Licensed behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.

(h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

(i) “Psychiatric care” means direct or consultative services psychiatrist practices.ist licensed in the state in which the (j) “Psychological care” means direct or consultative services provided by a psychologistpsychiatrist licensed in the state in which thethees psychologistpsychiatrist practices.

(j) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a - *SB258_R2* – 42 – comprehensive evaluation in coordination with a licensed behavior analyst.anaSec.

Sec.

A health care plan issued by a managed care organization for individual coverage must provide an option for coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the - 80th Session (2019) – 44 – health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

care plan which provides coverage for outpatient care shall not:th (a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan;

and (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed - *SB258_R2* – 43 – behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

- 80th Session (2019) – 45 – 9.

(b) “Autism spectrum disorder” has the meaning ascribed to it in NRSNRS(c) 427A.875.“Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst [,] or registered behavior technician .

from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive provided by a licensed psychologist, licensed behavior analyst,avior licensed assistant behavior analyst [,] or registered behavior technician .

(f) “Licensed assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who - *SB258_R2* – 44 – provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

- 80th Session (2019) – 46 – (i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(l) “Screening for autism spectrum disorders” means medically necessarywhether assessments,a evaluationsperson orhas testsan toautism screenspectrum disorder.reen and diagnose whether(m) a[“State personcertified behavior interventionist” has anthe autismmeaning spectrumascribed disorder.to it in NRS 437.055.

(m)(n)] [“State certified behavior interventionist” has the meaning asc(n)] “Therapeutic care” means services provided by licensed or certified speech-language pathologists, occupational therapists and phy[(o)]physical (n)therapists. “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

[(o)] (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

Any disciplinary or other administrative action taken against a behavior analyst, assistant behavior analyst, state certified behavior interventionist or registered behavior technician by the Aging and Disability Services Division of the Department of Health and Human Services before July 1, 2019, remains in effect as if the action had been taken by the Board of Applied Behavior Analysis.

- *SB258_R2* – 45 – 3.

- 80th Session (2019) – 47 – Sec.

Notwithstanding the amendatory provisions of section 16 of this act transferring authority to adopt regulations prescribing fees for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst from the Aging and Disability Services Division of the Department of Health and Human Services to the Board of Applied Behavior Analysis, any regulations adopted by the Board of Psychological Examiners pursuant to NRS 641.100 and 641.228, before July 1, 2019, that prescribe fees for the issuance or renewal of the license of a behavior analyst or assistant behavior analystDisability remainServices inDivision effectof andthe mayDepartment beof enforcedHealth byandd the Aging and Human Services until the Board of Applied Behavior AnalysisdAnalysis adopts regulations to repeal or replace those regulations.

TEXT~~~~~ OF19 REPEALED- SECTION80th 437.055Session “State(2019) certified behavior interventionist” defined.

“State certified behavior interventionist” means a person who is certified as such by the Division and provides behavioral therapy under the supervision of:

1.

A licensed psychologist;

3.

A licensed assistant behavior analyst.

H - *SB258_R2*