Bill Text: OR SB365 | 2013 | Regular Session | Engrossed

Oregon Senate Bill 365 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to treatment for autism spectrum disorders; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB365 Detail]

Download: Oregon-2013-SB365-Engrossed.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to A-Eng. SB 365

LC 1598/SB 365-A9

                      SENATE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 365

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 27

  On page 1 of the printed A-engrossed bill, line 3, delete '
414.710,'.
  On page 3, delete lines 43 through 45.
  On page 4, line 1, delete '(12)' and insert '(11)'.
  In line 2, delete '2015' and insert '2016'.
  In line 5, delete '(13)' and insert '(12)'.
  On page 5, line 42, delete the comma and insert 'or'.
  In line 43, delete 'or under the state medical assistance
program'.
  On page 6, line 20, delete the second comma and insert ' or'.
  In line 21, delete 'or the state medical assistance program'.
  Delete lines 26 through 34 and insert:
  '  { +  SECTION 6. + }  { + Not later than August 30, 2013, the
Health Evidence Review Commission shall begin the process of
evaluating applied behavior analysis, as defined in section 2 of
this 2013 Act, as a treatment for autism spectrum disorder, as
defined in section 2 of this 2013 Act, for the purpose of
updating the list of health services recommended under ORS
414.690. Any adjustments to the list of health services that
result from the evaluation process must be implemented not later
than:
  ' (1) October 1, 2014, if the adjustments do not require the
development of new medical coding; and
  ' (2) April 1, 2015, if the adjustments require the development
or adoption of new medical coding. + } ' .
  On page 12, delete lines 35 through 45 and delete page 13.
  On page 14, delete lines 1 through 34 and insert:
  '  { +  SECTION 19. + } Section 3 of this 2013 Act is amended
to read:
  '  { +  Sec. 3. + } (1) There is created, within the Oregon
Health Licensing Agency, the Behavior Analysis Regulatory Board
consisting of seven members appointed by the Governor, including:
  ' (a) Three members who are licensed by the board;
  ' (b) One member who is a licensed psychiatrist or
developmental pediatrician, with experience or training in
treating autism spectrum disorder;
  ' (c) One member who is a licensed psychologist registered with
the board;
  ' (d) One member who is a licensed speech-language pathologist
registered with the board; and
  ' (e) One member of the general public who does not have a
financial interest in the provision of applied behavior analysis
and does not have a ward or family member who has been diagnosed
with autism spectrum disorder.
  ' (2) Not more than one member of the Behavior Analysis
Regulatory Board may be an employee of an insurer.
  ' (3) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on November 1 next following. A
member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
  ' (4) A member of the Behavior Analysis Regulatory Board is
entitled to compensation and expenses as provided in ORS 292.495.
  ' (5) The Behavior Analysis Regulatory Board shall select one
of its members as chairperson and another as vice chairperson,
for such terms and with duties and powers necessary for the
performance of the functions of such offices as the board
determines.
  ' (6) A majority of the members of the Behavior Analysis
Regulatory Board constitutes a quorum for the transaction of
business.
  ' (7) The Behavior Analysis Regulatory Board shall meet at
least once every three months at a place, day and hour determined
by the board. The board may also meet at other times and places
specified by the call of the chairperson or of a majority of the
members of the board.
  ' (8) In accordance with ORS chapter 183, the Behavior Analysis
Regulatory Board shall establish by rule criteria for the:
  ' (a) Licensing of:
  ' (A) Behavior analysts; and
  ' (B) Assistant behavior analysts; and
  ' (b) Registration of:
  ' (A) Licensed health care professionals; and
  ' (B) Behavior analysis interventionists.
  ' (9) The criteria for the licensing of a behavior analyst must
include, but are not limited to, the requirement that the
applicant:
  ' (a) Be certified by the Behavior Analyst Certification Board,
Incorporated, as a Board Certified Behavior Analyst; and
  ' (b) Have successfully completed a criminal records check.
  ' (10) The criteria for the licensing of an assistant behavior
analyst must include, but are not limited to, the requirement
that the applicant:
  ' (a) Be certified by the Behavior Analyst Certification Board,
Incorporated, as a Board Certified Assistant Behavior Analyst;
  ' (b) Be supervised by a behavior analyst who is licensed by
the Behavior Analysis Regulatory Board; and
  ' (c) Have successfully completed a criminal records check.
  ' (11) The criteria for the registration of a behavior analysis
interventionist must include, but are not limited to, the
requirement that the applicant:
  ' (a) Have completed coursework and training prescribed by the
Behavior Analysis Regulatory Board by rule;
  ' (b) Receive ongoing oversight by a licensed behavior analyst
or a licensed assistant behavior analyst, or by another licensed
health care professional approved by the board; and
  ' (c) Have successfully completed a criminal records check.
  ' (12) In accordance with applicable provisions of ORS chapter
183, the Behavior Analysis Regulatory Board shall adopt rules:
  ' (a) Establishing standards and procedures for the licensing
of behavior analysts and assistant behavior analysts and for the
registration of licensed health care professionals and behavior
analysis interventionists in accordance with this section;
  ' (b) Establishing guidelines for the professional methods and
procedures to be used by individuals licensed and registered
under this section;
  ' (c) Governing the examination of applicants for licenses and
registrations under this section and the renewal, suspension and
revocation of the licenses and registrations; and
  ' (d) Establishing fees sufficient to cover the costs of
administering the licensing and registration procedures under
this section.
  ' (13) The Behavior Analysis Regulatory Board shall issue a
license to an applicant who:
  ' (a) Files an application in the form prescribed by the board;
  ' (b) Pays fees established by the board; and
  ' (c) Demonstrates to the satisfaction of the board that the
applicant meets the criteria adopted under this section.
  ' (14) The Behavior Analysis Regulatory Board shall establish
the procedures for the registration of licensed health care
professionals and behavior analysis interventionists.
  ' (15) All moneys received by the Behavior Analysis Regulatory
Board under subsection (13) of this section shall be paid into
the General Fund of the State Treasury and credited to the Oregon
Health Licensing Agency Account.
  '  { - (16) An individual who has not been licensed or
registered by the Behavior Analysis Regulatory Board in
accordance with criteria and standards adopted under this section
may not claim reimbursement for services described in section 2
of this 2013 Act under a health benefit plan or under a
self-insured health plan offered by the Public Employees' Benefit
Board or the Oregon Educators Benefit Board. - } '.
  In line 35, delete '20a' and insert '20'.
  On page 16, delete lines 11 through 17 and insert:
  '  { +  SECTION 23. + }  { + Sections 2 and 10 of this 2013 Act
and the amendments to ORS 743A.190 and 750.055 by sections 7 and
8 of this 2013 Act apply to health benefit plan policies and
certificates:
  ' (1) Offered by the Public Employees' Benefit Board or the
Oregon Educators Benefit Board for coverage beginning on or after
January 1, 2015; and
  ' (2) Other than for plans offered by the Public Employees'
Benefit Board or the Oregon Educators Benefit Board, for coverage
beginning on or after January 1, 2016. + }
  '  { +  SECTION 24. + }  { + The amendments to section 3 of
this 2013 Act by section 19 of this 2013 Act and the amendments
to ORS 743A.190 and 750.055 by sections 20 and 21 of this 2013
Act become operative January 2, 2022. + } ' .
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