1     
LICENSING OF AUTISM PROVIDERS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian E. Shiozawa

5     
House Sponsor: James A. Dunnigan

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Psychologist Licensing Act to establish a license for an applied
10     behavior analyst and an assistant behavior analyst and a registration for a behavior
11     specialist and an assistant behavior specialist.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates an exception to insurance coverage nondiscrimination provisions;
15          ▸     amends the membership of the Psychologist Licensing Board to include a behavior
16     analyst;
17          ▸     establishes a new part to the Psychologist Licensing Act to license the practice of
18     behavior analysis;
19          ▸     defines terms;
20          ▸     creates a license for a behavior analyst and an assistant behavior analyst;
21          ▸     creates a registration for a behavior specialist and an assistant behavior specialist;
22          ▸     establishes qualifications for licensure or registration under the Behavior Analyst
23     Licensing Act;
24          ▸     provides administrative rulemaking for the division to establish continuing           
25     education requirements;
26          ▸     provides exemptions from the requirement to be licensed or registered;
27          ▸     establishes confidentiality requirements;
28          ▸     establishes unprofessional and unlawful conduct; and
29          ▸     sunsets Part 7, Behavior Analyst Licensing Act.

30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          31A-22-618, as last amended by Laws of Utah 2000, Chapter 267
37          58-61-201, as last amended by Laws of Utah 2013, Chapter 262
38          63I-1-258, as last amended by Laws of Utah 2014, Chapters 25, 72, and 181
39     ENACTS:
40          58-61-701, Utah Code Annotated 1953
41          58-61-702, Utah Code Annotated 1953
42          58-61-703, Utah Code Annotated 1953
43          58-61-704, Utah Code Annotated 1953
44          58-61-705, Utah Code Annotated 1953
45          58-61-706, Utah Code Annotated 1953
46          58-61-707, Utah Code Annotated 1953
47          58-61-708, Utah Code Annotated 1953
48          58-61-709, Utah Code Annotated 1953
49          58-61-710, Utah Code Annotated 1953
50          58-61-711, Utah Code Annotated 1953
51          58-61-712, Utah Code Annotated 1953
52          58-61-713, Utah Code Annotated 1953
53          58-61-714, Utah Code Annotated 1953
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 31A-22-618 is amended to read:
57          31A-22-618. Nondiscrimination among health care professionals.

58          (1) Except as provided under Section 31A-22-617 and Subsection (3) of this section,
59     and except as to insurers licensed under Chapter 8, no insurer may unfairly discriminate against
60     any licensed class of health care providers by structuring contract exclusions which exclude
61     payment of benefits for the treatment of any illness, injury, or condition by any licensed class
62     of health care providers when the treatment is within the scope of the licensee's practice and the
63     illness, injury, or condition falls within the coverage of the contract. Upon the written request
64     of an insured alleging an insurer has violated this section, the commissioner shall hold a
65     hearing to determine if the violation exists. The commissioner may consolidate two or more
66     related alleged violations into a single hearing.
67          (2) This section does not apply to catastrophic mental health coverage provided in
68     accordance with Section 31A-22-625.
69          (3) Coverage for licensed providers for behavioral analysis may be limited by a insurer
70     in accordance with Section 58-61-714. Nothing in this section prohibits an insurer from
71     electing to provide coverage for other licensed professionals whose scope of practice includes
72     behavior analysis.
73          Section 2. Section 58-61-201 is amended to read:
74          58-61-201. Board.
75          (1) (a) There is created the Psychologist Licensing Board consisting of four licensed
76     psychologists [and] , one licensed behavior analyst, and one member from the general public.
77          (b) The licensed behavior analyst shall participate as a member of the board only for
78     issues relevant to Part 7, Behavior Analyst Licensing Act.
79          (2) The board shall be appointed, serve terms, and be compensated in accordance with
80     Section 58-1-201.
81          (3) The duties and responsibilities of the board are in accordance with Sections
82     58-1-202 and 58-1-203. In addition, the board shall:
83          (a) designate one of its members on a permanent or rotating basis to assist the division
84     in review of complaints concerning unlawful or unprofessional practice by a licensee in the
85     profession regulated by the board and to advise the division regarding the conduct of

86     investigations of the complaints; and
87          (b) disqualify a member from acting as presiding officer in an administrative procedure
88     in which that member has previously reviewed the complaint or advised the division.
89          Section 3. Section 58-61-701 is enacted to read:
90     
Part 7. Behavior Analyst Licensing Act

91          58-61-701. Title.
92          This part is known as the "Behavior Analyst Licensing Act."
93          Section 4. Section 58-61-702 is enacted to read:
94          58-61-702. Definitions.
95          In addition to the definitions in Section 58-61-102, as used in this part:
96          (1) "Confidential communication" means information obtained by an individual
97     licensed or registered under this part, including information obtained by the individual's
98     observation of or interview with the client, patient, or authorized agent, which is:
99          (a) (i) transmitted between the client, patient, or authorized agent and an individual
100     licensed or registered under this part in the course of that relationship; or
101          (ii) transmitted among the client, patient, or authorized agent, an individual licensed or
102     registered under this part, and individuals who are participating in the assessment or treatment
103     in conjunction with an individual licensed or registered under this part, including the
104     authorized agent or members of the client's or patient's family; and
105          (b) made in confidence, for the assessment or treatment of the client or patient by the
106     individual who is licensed or registered under this part, and by a means not intended to be
107     disclosed to a third party other than an individual:
108          (i) present to further the interest of the client or patient in the consultation, assessment
109     or interview;
110          (ii) reasonably necessary for the transmission of the communications; or
111          (iii) participating in the assessment and treatment of the client or patient in conjunction
112     with the behavior analyst or behavior specialist.
113          (2) "Licensed assistant behavior analyst" means an individual licensed under this part

114     to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as
115     defined by the division by administrative rule.
116          (3) "Licensed behavior analyst" means an individual licensed under this part to engage
117     in the practice of behavior analysis.
118          (4) (a) "Practice of behavior analysis" means the design and evaluation of instructional
119     and environmental modifications to produce socially significant improvements in human
120     behavior and includes the following:
121          (i) the empirical identification of functional relations between behavior and
122     environmental factors, known as functional assessment and analysis;
123          (ii) interventions based on scientific research and the direct observation and
124     measurement of behavior and environment; and
125          (iii) utilization of contextual factors, motivating operations, antecedent stimuli,
126     positive reinforcement, and other consequences to help people develop new behaviors, increase
127     or decrease existing behaviors, and emit behaviors under specific environmental conditions.
128          (b) "Practice of behavior analysis" does not include:
129          (i) diagnosis of a mental or physical disorder;
130          (ii) psychological testing;
131          (iii) educational testing;
132          (iv) neuropsychology;
133          (v) neuropsychological testing;
134          (vi) mental health therapy;
135          (vii) psychotherapy;
136          (viii) counseling;
137          (ix) biofeedback;
138          (x) neurofeedback;
139          (xi) cognitive therapy;
140          (xii) sex therapy;
141          (xiii) psychoanalysis; or

142          (xiv) hypnotherapy.
143          (5) "Registered assistant behavior specialist" means an individual who:
144          (a) is employed:
145          (i) as a professional engaging in the practice of behavior analysis within an
146     organization contracted under a division of the Utah Department of Human Services;
147          (ii) to provide behavior analysis; and
148          (iii) on or before May 15, 2015;
149          (b) limits the practice of behavior analysis to the contract described in Subsection
150     (5)(a)(i); and
151          (c) is registered under this part with the division to engage in the practice of behavior
152     analysis under the supervision of a qualified supervisor, as defined by the division by
153     administrative rule.
154          (6) "Registered behavior specialist" means an individual who:
155          (a) is employed:
156          (i) as a professional engaging in the practice of behavior analysis within an
157     organization contracted under a division of the Utah Department of Human Services to provide
158     behavior analysis; and
159          (ii) on or before May 15, 2015;
160          (b) limits the practice of behavior analysis to the contract described in Subsection
161     (6)(a)(i); and
162          (c) is registered under this part with the division to engage in the practice of behavior
163     analysis.
164          Section 5. Section 58-61-703 is enacted to read:
165          58-61-703. License or registration required.
166          (1) A license or registration is required to engage in the practice of behavior analysis,
167     except as specifically provided in Section 58-1-307.
168          (2) The division shall issue to a person who qualifies under this part a license in the
169     classification of:

170          (a) behavior analyst; or
171          (b) assistant behavior analyst.
172          (3) The division shall issue to a person who qualifies under this part a registration in
173     the classification of:
174          (a) behavior specialist; or
175          (b) assistant behavior specialist.
176          (4) An individual shall be licensed or registered under this part or exempted from
177     licensure under this part in order to engage in, or represent that the individual is engaged in, the
178     practice of behavior analysis.
179          Section 6. Section 58-61-704 is enacted to read:
180          58-61-704. Term of license or registration.
181          (1) (a) The division shall issue each license under this part with a two-year renewal
182     cycle established by division rule.
183          (b) The division may by rule extend or shorten a renewal cycle by as much as one year
184     to stagger the renewal cycles it administers.
185          (2) At the time of renewal, the licensed individual shall show satisfactory evidence of
186     renewal requirements as required under this part.
187          (3) Each license or registration expires on the expiration date shown on the license
188     unless renewed by the licensed individual in accordance with Section 58-1-308.
189          (4) (a) A registration as a registered behavior specialist or a registered assistant
190     behavior specialist:
191          (i) expires on the day the individual is no longer employed in accordance with
192     Subsection 58-61-705(5)(e) or (6)(e); and
193          (ii) may not be renewed.
194          (b) The Department of Human Services, or an organization contracted with a division
195     of the Department of Human Services, shall notify the Division of Occupational and
196     Professional Licensing when a person registered under this part is no longer employed as a
197     registered behavior specialist or a registered assistant behavior specialist.

198          Section 7. Section 58-61-705 is enacted to read:
199          58-61-705. Qualifications for licensure -- By examination -- By certification.
200          (1) An applicant for licensure as a behavior analyst based upon education, supervised
201     experience, and national examination shall:
202          (a) submit an application on a form provided by the division;
203          (b) pay a fee determined by the department under Section 63J-1-504;
204          (c) be of good moral character;
205          (d) produce certified transcripts of credit verifying satisfactory completion of a master's
206     or doctoral degree in applied behavior analysis from an accredited institution of higher
207     education or an equivalent master or doctorate degree as determined by the division by
208     administrative rule;
209          (e) as defined by the division by administrative rule, have completed at least 1,500
210     hours of experiential behavior analysis training within a five year period of time with a
211     qualified supervisor; and
212          (f) pass the examination requirement established by division rule under Section
213     58-1-203.
214          (2) An applicant for licensure as a behavior analyst based upon certification shall:
215          (a) without exception, on or before November 15, 2015, submit to the division an
216     application on a form provided by the division;
217          (b) pay a fee determined by the department under Section 63J-1-504;
218          (c) be of good moral character; and
219          (d) provide official verification of current certification as a board certified behavior
220     analyst from the Behavior Analyst Certification Board.
221          (3) An applicant for licensure as an assistant behavior analyst based upon education,
222     supervised experience and national examination shall:
223          (a) submit an application on a form provided by the division;
224          (b) pay a fee determined by the department under Section 63J-1-504;
225          (c) be of good moral character;

226          (d) produce certified transcripts of credit verifying satisfactory completion of a
227     bachelor's degree from an accredited institution of higher education and satisfactory completion
228     of specific core course work in behavior analysis established under Section 58-1-203 from an
229     accredited institution of higher education;
230          (e) as defined by the division by administrative rule, have completed at least 1,000
231     hours of experiential behavior analysis training within a five-year period of time with a
232     qualified supervisor; and
233          (f) pass the examination requirement established by division rule under Section
234     58-1-203.
235          (4) An applicant for licensure as an assistant behavior analyst based upon certification
236     shall:
237          (a) without exception, on or before November 15, 2015, submit to the division an
238     application on a form provided by the division;
239          (b) pay a fee determined by the department under Section 63J-1-504;
240          (c) be of good moral character; and
241          (d) provide official verification of current certification as a board certified assistant
242     behavior analyst from the Behavior Analyst Certification Board.
243          (5) An applicant for registration as a behavior specialist based upon professional
244     experience in behavior analysis shall:
245          (a) without exception, on or before November 15, 2015, submit to the division, an
246     application on a form provided by the division;
247          (b) pay a fee determined by the department under Section 63J-1-504;
248          (c) be of good moral character;
249          (d) have at least five years of experience as a professional engaged in the practice of
250     behavior analysis on or before May 15, 2015; and
251          (e) be employed as a professional engaging in the practice of behavior analysis within
252     an organization contracted with a division of the Utah Department of Human Services to
253     provide behavior analysis on or before July 1, 2015.

254          (6) An applicant for registration as an assistant behavior specialist based upon
255     professional experience in behavior analysis shall:
256          (a) without exception, on or before November 15, 2015, submit to the division, an
257     application on a form provided by the division;
258          (b) pay a fee determined by the department under Section 63J-1-504;
259          (c) be of good moral character;
260          (d) have at least one year of experience as a professional engaging in the practice of
261     behavior analysis prior to July 1, 2015; and
262          (e) be employed as a professional engaging in the practice of behavior analysis within
263     an organization contracted with a division of the Utah Department of Human Services to
264     provide behavior analysis on or before July 1, 2015.
265          Section 8. Section 58-61-706 is enacted to read:
266          58-61-706. Continuing education.
267          (1) The division may establish administrative rules in accordance with Title 63G,
268     Chapter 3, Utah Administrative Rulemaking Act, requiring continuing education as a condition
269     for renewal of any license classification or maintaining a registration classification under this
270     part if the division finds that continuing education is necessary to reasonably protect the public
271     health, safety, or welfare.
272          (2) If a renewal cycle is extended or shortened under Section 58-61-704, the continuing
273     education hours required for license renewal or maintaining a registration under this part shall
274     be increased or decreased proportionally.
275          Section 9. Section 58-61-707 is enacted to read:
276          58-61-707. Exemptions from licensure.
277          In addition to the exemptions from licensure in Section 58-1-307, the following when
278     practicing within the scope of the license held, may engage in acts included in the definition of
279     the practice of behavior analysis, subject to the stated circumstances and limitations, without
280     being licensed under this chapter:
281          (1) a psychologist licensed under this chapter, and those acting under the psychologist's

282     authority and direction;
283          (2) a registered behavior specialist under this part;
284          (3) a registered assistant behavior specialist under this part;
285          (4) a mental health therapist licensed under Chapter 60, Mental Health Professional
286     Practice Act;
287          (5) a behavior analyst who practices with non-human or non-patient clients or
288     consumers, including applied animal behaviorists;
289          (6) an individual who provides general behavior analysis services to an organization, if
290     the practice of behavior analysis is for the benefit of the organization and does not involve the
291     practice of behavior analysis on an individual;
292          (7) an individual who teaches behavior analysis or conducts behavior analysis research,
293     provided that the individual does not practice behavior analysis on an individual as part of the
294     teaching or research;
295          (8) an employee of a school district, private school, or charter school who:
296          (a) practices behavior analysis as part of the employee's job description with the school
297     district, private school, or charter school; and
298          (b) limits the employee's practice to the employment settings authorized by the:
299          (i) State Board of Education, if the employee is employed by a public school or charter
300     school; or
301          (ii) private school employer, if the employee is employed by a private school;
302          (9) a matriculated graduate student in:
303          (a) a mental health field whose activities are part of a defined program of study or
304     professional training; or
305          (b) education or applied behavior analysis whose activities are part of a defined
306     program of study or professional training;
307          (10) a person:
308          (a) who is enrolled in a behavior analysis course sequence approved by the Behavior
309     Analyst Certification Board at an accredited institution of higher education;

310          (b) whose activities are part of a defined program of study or professional training; and
311          (c) who is actively accruing supervision hours as defined by division rule under Section
312     58-1-203 and under the supervision of a licensed behavior analyst;
313          (11) a person who:
314          (a) has completed and passed a course sequence approved by the Behavior Analyst
315     Certification Board; and
316          (b) is completing the supervision hours as defined by division rule under Section
317     58-1-203 and under the supervision of a licensed behavior analyst or other supervisor as
318     permitted by rule adopted by the division;
319          (12) a person who:
320          (a) has completed and passed the course sequence approved by the Behavior Analyst
321     Certification Board;
322          (b) has completed the supervision hours as defined by division rule under Section
323     58-1-203;
324          (c) continues working under the supervision of a behavior analyst; and
325          (d) is preparing to take the licensing examination or awaiting results of the licensing
326     examination, provided the exemption under this Subsection (12)(d) does not extend beyond six
327     months from the latter of Subsection (12)(b) or (c);
328          (13) until November 15, 2015, a person who:
329          (a) has completed and passed the Board Certified Behavior Analyst or Board Certified
330     Assistant Behavior Analyst Examination developed by the Behavior Analyst Certification
331     Board; and
332          (b) is in the process of applying for a license under this part;
333          (14) an individual providing advice or counsel to another individual in a setting of the
334     individual's association as friends or relatives and in a nonprofessional and noncommercial
335     relationship, if there is no compensation paid for the advice or counsel; or
336          (15) an individual exempt under Subsection 58-1-307(1)(b) only if the individual is
337     supervised by qualified faculty or staff and the activities are a defined part of the degree

338     program.
339          Section 10. Section 58-61-708 is enacted to read:
340          58-61-708. License and registration denial and discipline.
341          The division's grounds for refusing to issue a license or registration to an applicant, for
342     refusing to renew the license of a licensed individual or registration of a registered individual,
343     for revoking, suspending, restricting, or placing on probation the license of a licensed
344     individual or registration of a registered individual, for issuing a public or private reprimand to
345     a licensed individual or registered individual, and for issuance of a cease and desist order are
346     under Section 58-1-401.
347          Section 11. Section 58-61-709 is enacted to read:
348          58-61-709. Unlawful conduct.
349          As used in this part, "unlawful conduct" includes:
350          (1) practice of behavior analysis unless licensed as a behavior analyst or assistant
351     behavior analyst under this part, registered as a behavior specialist or assistant behavior
352     specialist, or exempted from licensure or registration under this title; or
353          (2) representing oneself as or using the title of licensed behavior analyst or licensed
354     assistant behavior analyst unless currently licensed under this part.
355          Section 12. Section 58-61-710 is enacted to read:
356          58-61-710. Unprofessional conduct.
357          As used in this part, "unprofessional conduct" includes:
358          (1) using or employing the services of any individual to assist a licensed behavior
359     analyst, licensed assistant behavior analyst, registered behavior specialist, or registered
360     assistant behavior specialist in any manner not in accordance with the generally recognized
361     practices, standards, or ethics of the profession for which the individual is licensed or the laws
362     of the state, including:
363          (a) acting as a supervisor or accepting supervision of a supervisor without complying
364     with or ensuring compliance with the requirements of administrative rule adopted by the
365     division;

366          (b) engaging in and aiding or abetting conduct or practices that are false, dishonest,
367     deceptive, or fraudulent;
368          (c) engaging in or aiding or abetting deceptive or fraudulent billing practices;
369          (d) failing to establish and maintain appropriate professional boundaries with a client
370     or former client;
371          (e) engaging in or promising a personal, scientific, professional, financial, or other
372     relationship with a client if it appears likely that such a relationship reasonably might impair
373     the behavior analyst's or registered behavior specialist's objectivity or might harm or exploit the
374     client;
375          (f) engaging in sexual activities or sexual contact with a client with or without client
376     consent;
377          (g) engaging in sexual activities or sexual contact with a former client within two years
378     of documented termination of services;
379          (h) engaging in sexual activities or sexual contact at any time with a former client who
380     is especially vulnerable or susceptible to being disadvantaged because of the client's personal
381     history, current mental status, or any condition that could reasonably be expected to place the
382     client at a disadvantage, recognizing the power imbalance that exists or may exist between the
383     behavior analyst or registered behavior specialist and the client;
384          (i) engaging in or aiding or abetting sexual harassment or any conduct that is exploitive
385     or abusive with respect to a student, trainee, employee, or colleague with whom the licensee
386     has supervisory or management responsibility;
387          (j) exploiting a client for personal gain;
388          (k) using a professional client relationship to exploit a client or other person for
389     personal gain;
390          (l) failing to maintain appropriate client records for a period of not less than seven
391     years from the documented termination of services to the client;
392          (m) failing to obtain informed consent from the client or legal guardian before taping,
393     recording, or permitting third party observations of client care or records;

394          (n) failing to cooperate with the division during an investigation;
395          (o) using the abbreviated title of LBA unless licensed in the state as a behavior analyst;
396          (p) using the abbreviated title of LaBA unless licensed in the state as an assistant
397     behavior analyst;
398          (q) failing to make reasonable efforts to notify a client and seek the transfer or referral
399     of services, according to the client's needs or preferences, when a behavior analyst anticipates
400     the interruption or termination of services to a client;
401          (r) failing to provide for orderly and appropriate resolution of responsibility for client
402     care in the event that the employment or contractual relationship ends, according to the client's
403     needs and preferences;
404          (s) failing to make reasonable steps to avoid abandoning a client who is still in need of
405     services;
406          (t) failing to report conviction of a felony or misdemeanor directly relating to the
407     practice of behavior analysis or public health and safety;
408          (u) failing to report revocation or suspension of certification from the Behavior Analyst
409     Certification Board; and
410          (v) failure to confine practice conduct to those acts or practices in which the individual
411     is competent by education, training, and experience within limits of education, training, and
412     experience; and
413          (2) other conduct as further defined by administrative rule adopted by the division.
414          Section 13. Section 58-61-711 is enacted to read:
415          58-61-711. Penalty for unlawful conduct.
416          An individual who commits any act of unlawful conduct as defined in:
417          (1) Subsection 58-61-501(1) is guilty of a third degree felony; or
418          (2) Subsection 58-61-501(2) is guilty of a class A misdemeanor.
419          Section 14. Section 58-61-712 is enacted to read:
420          58-61-712. Reporting of unprofessional or unlawful conduct -- Immunity from
421     liability.

422          (1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section
423     58-61-102 by a person licensed or registered under this chapter or an individual not licensed or
424     registered under this chapter who engaged in acts or practices regulated under this chapter,
425     which results in disciplinary action by a licensed health care facility, professional practice
426     group, or professional society, or which results in a significant adverse impact upon the public
427     health, safety, or welfare, the following shall report the conduct in writing to the division
428     within 10 days after learning of the disciplinary action or the conduct, unless the individual or
429     person knows it has been reported:
430          (a) a licensed health care facility or an organization in which an individual licensed or
431     registered under this chapter engaged in practice;
432          (b) an individual licensed or registered under this chapter; or
433          (c) a professional society or organization whose membership individuals licensed or
434     registered under this chapter and that has the authority to discipline or expel a member for acts
435     of unprofessional conduct or unlawful conduct.
436          (2) Any individual who reports acts of unprofessional or unlawful conduct by an
437     individual licensed or registered under this chapter is immune from liability arising out of the
438     disclosure to the extent the individual furnishes the information in good faith and without
439     malice.
440          Section 15. Section 58-61-713 is enacted to read:
441          58-61-713. Confidentiality -- Exemptions.
442          (1) A behavior analyst or behavior specialist under this chapter may not disclose any
443     confidential communication with a client or patient without the express consent of:
444          (a) the client or patient;
445          (b) the parent or legal guardian of a minor client or patient; or
446          (c) the authorized agent of a client or patient.
447          (2) A behavior analyst or behavior specialist is not subject to Subsection (1) if:
448          (a) the behavior analyst or behavior specialist is permitted or required by state or
449     federal law, rule, regulation, or order to report or disclose any confidential communication,

450     including:
451          (i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a
452     Vulnerable Adult;
453          (ii) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
454     Requirements;
455          (iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to
456     Warn; or
457          (iv) reporting of a communicable disease as required under Section 26-6-6;
458          (b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
459     under an exemption from evidentiary privilege under Utah Rules of Evidence, Rule 506; or
460          (c) the disclosure is made under a generally recognized professional or ethical standard
461     that authorizes or requires the disclosure.
462          Section 16. Section 58-61-714 is enacted to read:
463          58-61-714. Third party payment for licensed behavior analyst.
464          Notwithstanding the provisions of Section 31A-22-618, payment from third party
465     payers for behavior analysis may be limited to:
466          (1) a licensed behavior analyst as defined in 58-61-701; and
467          (2) the following, working within the scope of their practice:
468          (a) a physician licensed under Chapter 67, Utah Medical Practice Act or Chapter 68,
469     Utah Osteopathic Medical Practice Act;
470          (b) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice
471     Act;
472          (c) a psychologist licensed under this chapter;
473          (d) a clinical social worker licensed under Chapter 60, Part 2, Social Work Licensing
474     Act;
475          (e) a marriage and family therapist licensed under Chapter 60, Part 3, Marriage and
476     Family Therapist Licensing Act; and
477          (f) a clinical mental health counselor licensed under Chapter 60, Part 4, Clinical Mental

478     Health Counselor Act.
479          Section 17. Section 63I-1-258 is amended to read:
480          63I-1-258. Repeal dates, Title 58.
481          (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
482     repealed July 1, 2016.
483          (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2015.
484          (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018.
485          (4) Section 58-37-4.3 is repealed July 1, 2016.
486          (5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
487          (6) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
488     repealed July 1, 2019.
489          (7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2015.
490          (8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
491     1, 2023.
492          (9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
493          (10) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
494     2026.
495          [(10)] (11) Section 58-69-302.5 is repealed on July 1, 2015.
496          [(11)] (12) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
497          Section 18. Effective date.
498          This bill takes effect on July 1, 2015.