HB 159/FN/HM (BR 274) - J. Greer, S. Brinkman, R. Adams, R. Adkins, J. Bell, D. Butler, M. Cherry, L. Clark, H. Collins, L. Combs, J. Crenshaw, R. Crimm, R. Damron, M. Denham, B. DeWeese, D. Floyd, K. Hall, C. Hoffman, J. Hoover, D. Keene, T. McKee, C. Miller, F. Nesler, S. Overly, T. Riner, C. Rollins II, S. Santoro, K. Sinnette, J. Stacy, F. Steele, G. Stumbo, T. Thompson, J. Wayne, A. Webb-Edgington, R. Weston, S. Westrom, A. Wuchner, B. Yonts
AN ACT relating to behavioral disorders.
Create new sections of KRS Chapter 319 to define terms relating to the practice of applied behavior analysis and licensure by the Kentucky Board of Examiners of Psychology; authorize the Board of Examiners of Psychology to promulgate administrative regulations relating to licensure of behavior analysts and assistant behavior analysts and to appoint two (2) behavior analysts to advise the board on matters relating to regulation and licensure of behavior analysts; require licensure to practice applied behavior analysis in the state, to establish licensure requirements, and to prohibit the practice of applied behavior analysis in the state without a license; require the Board of Examiners of Psychology to promulgate administrative regulations governing licensure of practitioners of applied behavior analysis and to annually publish a current directory of licensed practitioners of applied behavior analysis; require the board to issue a license to persons holding a valid license in another state or a person who was educated in another country, under specified conditions; require any practitioner or employer of practitioners of applied behavior analysis to report specified inappropriate behavior to the board; require the board, after due notice and an administrative hearing conducted in accordance with KRS Chapter 13B, to refuse to issue or to take specified actions against an existing license or license holder, and establish the actions that may be the subject of disciplinary action by the board; authorize the board to reinstate a license that has lapsed or been revoked and to authorize persons aggrieved by a final order of the board to appeal to the Franklin Circuit Court; provide that all fees received by the board for licensure of practitioners of applied behavior analysis, or penalties assessed by the board for violating provisions of Sections 1 to 10 of the Act shall be deposited to a trust and agency fund to be used by the Board without reversion to the general fund, and authorize the board to employ personnel and purchase necessary materials and supplies; to establish the appropriate use of telehealth for practitioners of applied behavior analysis and authorize the board to promulgate necessary administrative regulations; establish penalties for any person practicing applied behavior analysis without a license; create a new section of Subtitle 17A of KRS Chapter 304 to define terms relating to applied behavior analysis and autism spectrum disorders; create a new section of Subtitle 17A of KRS Chapter 304 to require that a large group health benefit plan provide coverage for the diagnosis and treatment of autism spectrum disorders for individuals between the ages of one and 21, including coverage in the annual amount of $50,000 for individuals who are ages one through six, and coverage in the annual amount of $12,000 for individuals who are ages seven through 21 and specify treatments covered; amend KRS 304.17A-143 to require that individual and small group market health benefit plans provide coverage for autism spectrum disorders in the amount of $1000 per month for pharmacy care, psychiatric care, psychological care, therapeutic care, applied behavior analysis and rehabilitative care for the treatment of autism spectrum disorders, and delete the provisions which established the requirements for coverage of autism; amend KRS 18A.225 to require that the state employee health benefit plan provide coverage for the diagnosis and treatment of autism spectrum disorders consistent with the requirement for coverage under large group health benefit plans; specify that provisions requiring health insurance coverage for autism spectrum disorders take effect January 1, 2011.
HB 159 - AMENDMENTS
HCS (1/FN/HM) - Delete the provisions relating to regulation and licensure of applied behavior analysis for behavior disorders by the Board of Examiners of Psychology and in lieu thereof establish a new KRS Chapter 319B to create the Kentucky Applied Behavior Analysis Licensure Board including the definitions, membership, terms, per diem and authority of the board, the requirements for licensure, and the exemptions from licensure; retain the provisions containing the health mandate, but clarify that the large group mandate for individuals is for individuals through age six by providing that individuals between the ages of one and their seventh birthday shall receive the mandated benefits.
HCS (2/FN/HM) - Retain provisions contained in HCS 1 except delete the definition of "medically necessary."
HFA (1, J. Greer) - Make technical corrections.
(Prefiled by the sponsor(s).)
Jan 5-introduced in House; to Banking & Insurance (H)
Feb 8-posted in committee
Feb 10-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 11-2nd reading, to Rules
Feb 12-floor amendment (1) filed to Committee Substitute
Feb 18-recommitted to Appropriations & Revenue (H)
Feb 26-posted in committee
Mar 12-reported favorably, to Rules with Committee Substitute (2)
Mar 15-posted for passage in the Regular Orders of the Day for Tuesday, March 16, 2010
Mar 16-3rd reading, passed 97-0 with Committee Substitute (2) ; received in Senate
Mar 17-to Licensing, Occupations & Administrative Regulations (S)
Mar 26-reported favorably, 1st reading, to Calendar
Mar 29-2nd reading, to Rules
Apr 1-posted for passage in the Regular Orders of the Day for Thursday, April 1, 2010; 3rd reading, passed 37-0; received in House; enrolled, signed by each presiding officer; delivered to Governor
Apr 13-signed by Governor (Acts ch. 150)