Behavior Analyst Licensing Act

Published On: February 1st, 2019Categories: Archived Advocacy

Behavior Analyst Licensing Act
February 1, 2019

Alliance for the Betterment of Citizens with Disabilities supports the regulation through licensure of those who practice applied behavior analysis in the State of New Jersey. Regarding S3099/A4608, “Behavioral Analyst Licensing Act,“ we have submitted to the bill’s sponsors the following concerns for their review and consideration :

• Although there is exemption language in the legislation for qualified members of other professions such as psychologists, marriage and family therapists, social workers, professional or rehabilitation counselors, it is unclear, potentially preventing licensed health care professionals, counselors and therapists from practicing within the scope of their license providing services to individuals, families and groups and instead requiring them to become re-licensed in this area. There exists anecdotal evidence from states after legislation with similar language was adopted, that patients lost access to their treating licensed professional. We request the deletion of Section 13 a (2) which requires applied behavior analysis to be in the scope of practice of the other professions as defined by law;

• Final authority of the New Jersey regulations should be with the State of New Jersey and not with an out of state entity. We request the deletion of “Certifying entity” in its entirety; and

• Include employees of Early Intervention with those of school districts, charter schools, education service commission and private schools in the list of excluded entities. Early Intervention (EI) is part of the education continuum – funding comes from the Individual with Disabilities Education Act and families are not privately identifying a practitioner but receive services in line with curriculum, checks and balances in existence to ensure proper regulation. EI is provided one on one and in the home because it is best practice for educating children under 3 and, as such, is mandated by the federal government.

We request the inclusion of early intervention under Section 13 (b) 9.

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