Bill Text: HI SB391 | 2019 | Regular Session | Amended

Hawaii Senate Bill 391 (Prior Session Legislation)

Bill Title: Relating To Behavior Analysis.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed - Dead) 2019-03-07 - Referred to LHE, CPC, FIN, referral sheet 27 [SB391 Detail]

Download: Hawaii-2019-SB391-Amended.html

THE SENATE	S.B. NO.	391
THIRTIETH LEGISLATURE, 2019		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BEHAVIOR ANALYSIS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that behavior analysis means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. The practice of behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, as well as the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.

The legislature further finds that Act 199, Session Laws of Hawaii 2015, established licensing requirements for behavior analysts. Licensing of behavior analysis services was made concurrent with mandated insurance coverage for the diagnosis and treatment of autism spectrum disorders.

The legislature additionally finds that many students enrolled in department of education schools would benefit from the expansion of behavior analysis services throughout the State's public school system, including students with autism spectrum disorders.

Accordingly, the purpose of this Act is to fund behavior analysis services for public school students.

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 for the department of education to provide public school students with behavior analysis services performed by the following individuals:

(1) Licensed behavior analysts;

(2) Board certified assistant behavior analysts under the supervision of one or more licensed behavior analysts;

(3) Students pursuing a graduate level certificate in behavior analysis under the supervision of one or more licensed behavior analysts;

(4) Licensed psychologists;

(5) Master's-level practitioners under the supervision of one or more licensed psychologists;

(6) Postdoctoral fellows under the supervision of one or more licensed psychologists;

(7) Registered behavior technicians;

(8) Paraprofessionals under the supervision of:

(A) One or more licensed psychologists;

(B) A licensed psychologist's master's-level or postdoctoral fellow supervisee; or

(9) Licensed clinical social workers;

(10) Licensed mental health counselors; and

(11) Advanced practice registered nurses who specialize in psychiatry;

provided that the department of education may contract with any type of service provider listed in this Act for the purposes of this Act.

The sums appropriated shall be expended by the department of education for the purposes of this Act.

SECTION 3. The department of education shall seek any necessary approvals from the Centers for Medicare and Medicaid Services to amend the state medicaid plan to provide reimbursements for applied behavior analysis services to medicaid-eligible students diagnosed with an autism spectrum disorder.

SECTION 4. This Act shall take effect on July 1, 2050.

Report Title:

DOE; Behavior Analysis; Appropriation

Description:

Appropriates funds to the Department of Education to provide public school students with behavior analysis services. Requires the Department to seek any necessary approvals from the Centers for Medicare and Medicaid Services to amend the state medicaid plan to include applied behavior analysis services for eligible students who have been diagnosed with an autism spectrum disorder. Effective 7/1/2050. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.