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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
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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 59-61-714. 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 [
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
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 Practices 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 [
496 [
497 Section 18. Effective date.
498 This bill takes effect on July 1, 2015.