Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Licensing of Autism Providers
Number
S.B. 246 First Substitute (2015GS)
Sponsor
Sen. Shiozawa, B.
Final action
Governor Signed 3/30/2015
Outcome
Became law — signed by Gov. Gary R. Herbert

Summary

This bill amends the Psychologist Licensing Act to establish a license for an applied behavior analyst and an assistant behavior analyst and a registration for a behavior specialist and an assistant behavior specialist.

What it does

  • This bill:
  • creates an exception to insurance coverage nondiscrimination provisions;
  • amends the membership of the Psychologist Licensing Board to include a behavior analyst;
  • establishes a new part to the Psychologist Licensing Act to license the practice of behavior analysis;
  • defines terms;
  • creates a license for a behavior analyst and an assistant behavior analyst;
  • creates a registration for a behavior specialist and an assistant behavior specialist;
  • establishes qualifications for licensure or registration under the Behavior Analyst Licensing Act;
  • provides administrative rulemaking for the division to establish continuing education requirements;
  • provides exemptions from the requirement to be licensed or registered;
  • establishes confidentiality requirements;
  • establishes unprofessional and unlawful conduct; and
  • sunsets Part 7, Behavior Analyst Licensing Act.

Every vote on this bill

3/9/2015Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
28 0 1not eligible / no record
3/11/2015House/ circled
House 3rd Reading Calendar for Senate bills
Voice votenot eligible / no record
3/11/2015House/ uncircled
House 3rd Reading Calendar for Senate bills
Voice votenot eligible / no record
3/11/2015House/ passed 3rd reading
House Speaker
62 9 4YEA

Bill text

enrolled version · official source
LICENSING OF AUTISM PROVIDERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian E. Shiozawa
House Sponsor: 
James A. Dunnigan
LONG TITLE
General Description:
This bill amends the Psychologist Licensing Act to establish a license for an applied
behavior analyst and an assistant behavior analyst and a registration for a behavior
specialist and an assistant behavior specialist.
Highlighted Provisions:
This bill:
▸ creates an exception to insurance coverage nondiscrimination provisions;
▸ amends the membership of the Psychologist Licensing Board to include a behavior
analyst;
▸ establishes a new part to the Psychologist Licensing Act to license the practice of
behavior analysis;
▸ defines terms;
▸ creates a license for a behavior analyst and an assistant behavior analyst;
▸ creates a registration for a behavior specialist and an assistant behavior specialist;
▸ establishes qualifications for licensure or registration under the Behavior Analyst
Licensing Act;
▸ provides administrative rulemaking for the division to establish continuing 
education requirements;
▸ provides exemptions from the requirement to be licensed or registered;
▸ establishes confidentiality requirements;
▸ establishes unprofessional and unlawful conduct; and
▸ sunsets Part 7, Behavior Analyst Licensing Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
31A-22-618
, as last amended by Laws of Utah 2000, Chapter 267
58-61-201
, as last amended by Laws of Utah 2013, Chapter 262
63I-1-258
, as last amended by Laws of Utah 2014, Chapters 25, 72, and 181
ENACTS:
58-61-701
, Utah Code Annotated 1953
58-61-702
, Utah Code Annotated 1953
58-61-703
, Utah Code Annotated 1953
58-61-704
, Utah Code Annotated 1953
58-61-705
, Utah Code Annotated 1953
58-61-706
, Utah Code Annotated 1953
58-61-707
, Utah Code Annotated 1953
58-61-708
, Utah Code Annotated 1953
58-61-709
, Utah Code Annotated 1953
58-61-710
, Utah Code Annotated 1953
58-61-711
, Utah Code Annotated 1953
58-61-712
, Utah Code Annotated 1953
58-61-713
, Utah Code Annotated 1953
58-61-714
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
31A-22-618
 is amended to read:
31A-22-618.
Nondiscrimination among health care professionals.
(1) Except as provided under Section 
31A-22-617
and Subsection (3) of this section
,
and except as to insurers licensed under Chapter 8, no insurer may unfairly discriminate against
any licensed class of health care providers by structuring contract exclusions which exclude
payment of benefits for the treatment of any illness, injury, or condition by any licensed class
of health care providers when the treatment is within the scope of the licensee's practice and the
illness, injury, or condition falls within the coverage of the contract. Upon the written request
of an insured alleging an insurer has violated this section, the commissioner shall hold a
hearing to determine if the violation exists. The commissioner may consolidate two or more
related alleged violations into a single hearing.
(2) This section does not apply to catastrophic mental health coverage provided in
accordance with Section 
31A-22-625
.
(3) Coverage for licensed providers for behavioral analysis may be limited by a insurer
in accordance with Section 
58-61-714
. Nothing in this section prohibits an insurer from
electing to provide coverage for other licensed professionals whose scope of practice includes
behavior analysis.
Section 2. Section 
58-61-201
 is amended to read:
58-61-201.
Board.
(1) 
(a)
 There is created the Psychologist Licensing Board consisting of four licensed
psychologists [
and
] 
, one licensed behavior analyst, and
 one member from the general public.
(b) The licensed behavior analyst shall participate as a member of the board only for
issues relevant to Part 7, Behavior Analyst Licensing Act.
(2) The board shall be appointed, serve terms, and be compensated in accordance with
Section 
58-1-201
.
(3) The duties and responsibilities of the board are in accordance with Sections
58-1-202
 and 
58-1-203
. In addition, the board shall:
(a) designate one of its members on a permanent or rotating basis to assist the division
in review of complaints concerning unlawful or unprofessional practice by a licensee in the
profession regulated by the board and to advise the division regarding the conduct of
investigations of the complaints; and
(b) disqualify a member from acting as presiding officer in an administrative procedure
in which that member has previously reviewed the complaint or advised the division.
Section 3. Section 
58-61-701
 is enacted to read:
Part 7. Behavior Analyst Licensing Act
 58-61-701.
Title.
This part is known as the "Behavior Analyst Licensing Act."
Section 4. Section 
58-61-702
 is enacted to read:
 58-61-702.
Definitions.
In addition to the definitions in Section 
58-61-102
, as used in this part:
(1) "Confidential communication" means information obtained by an individual
licensed or registered under this part, including information obtained by the individual's
observation of or interview with the client, patient, or authorized agent, which is:
(a) (i) transmitted between the client, patient, or authorized agent and an individual
licensed or registered under this part in the course of that relationship; or
(ii) transmitted among the client, patient, or authorized agent, an individual licensed or
registered under this part, and individuals who are participating in the assessment or treatment
in conjunction with an individual licensed or registered under this part, including the
authorized agent or members of the client's or patient's family; and
(b) made in confidence, for the assessment or treatment of the client or patient by the
individual who is licensed or registered under this part, and by a means not intended to be
disclosed to a third party other than an individual:
(i) present to further the interest of the client or patient in the consultation, assessment
or interview;
(ii) reasonably necessary for the transmission of the communications; or
(iii) participating in the assessment and treatment of the client or patient in conjunction
with the behavior analyst or behavior specialist.
(2) "Licensed assistant behavior analyst" means an individual licensed under this part
to engage in the practice of behavior analysis under the supervision of a qualified supervisor, as
defined by the division by administrative rule.
(3) "Licensed behavior analyst" means an individual licensed under this part to engage
in the practice of behavior analysis.
(4) (a) "Practice of behavior analysis" means the design and evaluation of instructional
and environmental modifications to produce socially significant improvements in human
behavior and includes the following:
(i) the empirical identification of functional relations between behavior and
environmental factors, known as functional assessment and analysis;
(ii) interventions based on scientific research and the direct observation and
measurement of behavior and environment; and
(iii) utilization of contextual factors, motivating operations, antecedent stimuli,
positive reinforcement, and other consequences to help people develop new behaviors, increase
or decrease existing behaviors, and emit behaviors under specific environmental conditions.
(b) "Practice of behavior analysis" does not include:
(i) diagnosis of a mental or physical disorder;
(ii) psychological testing;
(iii) educational testing;
(iv) neuropsychology;
(v) neuropsychological testing;
(vi) mental health therapy;
(vii) psychotherapy;
(viii) counseling;
(ix) biofeedback;
(x) neurofeedback;
(xi) cognitive therapy;
(xii) sex therapy;
(xiii) psychoanalysis; or
(xiv) hypnotherapy.
(5) "Registered assistant behavior specialist" means an individual who:
(a) is employed:
(i) as a professional engaging in the practice of behavior analysis within an
organization contracted under a division of the Utah Department of Human Services;
(ii) to provide behavior analysis; and
(iii) on or before May 15, 2015;
(b) limits the practice of behavior analysis to the contract described in Subsection
(5)(a)(i); and
(c) is registered under this part with the division to engage in the practice of behavior
analysis under the supervision of a qualified supervisor, as defined by the division by
administrative rule.
(6) "Registered behavior specialist" means an individual who:
(a) is employed:
(i) as a professional engaging in the practice of behavior analysis within an
organization contracted under a division of the Utah Department of Human Services to provide
behavior analysis; and
(ii) on or before May 15, 2015;
(b) limits the practice of behavior analysis to the contract described in Subsection
(6)(a)(i); and
(c) is registered under this part with the division to engage in the practice of behavior
analysis.
Section 5. Section 
58-61-703
 is enacted to read:
 58-61-703.
License or registration required.
(1) A license or registration is required to engage in the practice of behavior analysis,
except as specifically provided in Section 
58-1-307
.
(2) The division shall issue to a person who qualifies under this part a license in the
classification of:
(a) behavior analyst; or
(b) assistant behavior analyst.
(3) The division shall issue to a person who qualifies under this part a registration in
the classification of:
(a) behavior specialist; or
(b) assistant behavior specialist.
(4) An individual shall be licensed or registered under this part or exempted from
licensure under this part in order to engage in, or represent that the individual is engaged in, the
practice of behavior analysis.
Section 6. Section 
58-61-704
 is enacted to read:
 58-61-704.
Term of license or registration.
(1) (a) The division shall issue each license under this part with a two-year renewal
cycle established by division rule.
(b) The division may by rule extend or shorten a renewal cycle by as much as one year
to stagger the renewal cycles it administers.
(2) At the time of renewal, the licensed individual shall show satisfactory evidence of
renewal requirements as required under this part.
(3) Each license or registration expires on the expiration date shown on the license
unless renewed by the licensed individual in accordance with Section 
58-1-308
.
(4) (a) A registration as a registered behavior specialist or a registered assistant
behavior specialist:
(i) expires on the day the individual is no longer employed in accordance with
Subsection 
58-61-705
(5)(e) or (6)(e); and
(ii) may not be renewed.
(b) The Department of Human Services, or an organization contracted with a division
of the Department of Human Services, shall notify the Division of Occupational and
Professional Licensing when a person registered under this part is no longer employed as a
registered behavior specialist or a registered assistant behavior specialist.
Section 7. Section 
58-61-705
 is enacted to read:
 58-61-705.
Qualifications for licensure -- By examination -- By certification.
(1) An applicant for licensure as a behavior analyst based upon education, supervised
experience, and national examination shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) produce certified transcripts of credit verifying satisfactory completion of a master's
or doctoral degree in applied behavior analysis from an accredited institution of higher
education or an equivalent master or doctorate degree as determined by the division by
administrative rule;
(e) as defined by the division by administrative rule, have completed at least 1,500
hours of experiential behavior analysis training within a five year period of time with a
qualified supervisor; and
(f) pass the examination requirement established by division rule under Section
58-1-203
.
(2) An applicant for licensure as a behavior analyst based upon certification shall:
(a) without exception, on or before November 15, 2015, submit to the division an
application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character; and
(d) provide official verification of current certification as a board certified behavior
analyst from the Behavior Analyst Certification Board.
(3) An applicant for licensure as an assistant behavior analyst based upon education,
supervised experience and national examination shall:
(a) submit an application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) produce certified transcripts of credit verifying satisfactory completion of a
bachelor's degree from an accredited institution of higher education and satisfactory completion
of specific core course work in behavior analysis established under Section 
58-1-203
 from an
accredited institution of higher education;
(e) as defined by the division by administrative rule, have completed at least 1,000
hours of experiential behavior analysis training within a five-year period of time with a
qualified supervisor; and
(f) pass the examination requirement established by division rule under Section
58-1-203
.
(4) An applicant for licensure as an assistant behavior analyst based upon certification
shall:
(a) without exception, on or before November 15, 2015, submit to the division an
application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character; and
(d) provide official verification of current certification as a board certified assistant
behavior analyst from the Behavior Analyst Certification Board.
(5) An applicant for registration as a behavior specialist based upon professional
experience in behavior analysis shall:
(a) without exception, on or before November 15, 2015, submit to the division, an
application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) have at least five years of experience as a professional engaged in the practice of
behavior analysis on or before May 15, 2015; and
(e) be employed as a professional engaging in the practice of behavior analysis within
an organization contracted with a division of the Utah Department of Human Services to
provide behavior analysis on or before July 1, 2015.
(6) An applicant for registration as an assistant behavior specialist based upon
professional experience in behavior analysis shall:
(a) without exception, on or before November 15, 2015, submit to the division, an
application on a form provided by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) have at least one year of experience as a professional engaging in the practice of
behavior analysis prior to July 1, 2015; and
(e) be employed as a professional engaging in the practice of behavior analysis within
an organization contracted with a division of the Utah Department of Human Services to
provide behavior analysis on or before July 1, 2015.
Section 8. Section 
58-61-706
 is enacted to read:
 58-61-706.
Continuing education.
(1) The division may establish administrative rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, requiring continuing education as a condition
for renewal of any license classification or maintaining a registration classification under this
part if the division finds that continuing education is necessary to reasonably protect the public
health, safety, or welfare.
(2) If a renewal cycle is extended or shortened under Section 
58-61-704
, the continuing
education hours required for license renewal or maintaining a registration under this part shall
be increased or decreased proportionally.
Section 9. Section 
58-61-707
 is enacted to read:
 58-61-707.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following when
practicing within the scope of the license held, may engage in acts included in the definition of
the practice of behavior analysis, subject to the stated circumstances and limitations, without
being licensed under this chapter:
(1) a psychologist licensed under this chapter, and those acting under the psychologist's
authority and direction;
(2) a registered behavior specialist under this part;
(3) a registered assistant behavior specialist under this part;
(4) a mental health therapist licensed under Chapter 60, Mental Health Professional
Practice Act;
(5) a behavior analyst who practices with non-human or non-patient clients or
consumers, including applied animal behaviorists;
(6) an individual who provides general behavior analysis services to an organization, if
the practice of behavior analysis is for the benefit of the organization and does not involve the
practice of behavior analysis on an individual;
(7) an individual who teaches behavior analysis or conducts behavior analysis research,
provided that the individual does not practice behavior analysis on an individual as part of the
teaching or research;
(8) an employee of a school district, private school, or charter school who:
(a) practices behavior analysis as part of the employee's job description with the school
district, private school, or charter school; and
(b) limits the employee's practice to the employment settings authorized by the:
(i) State Board of Education, if the employee is employed by a public school or charter
school; or
(ii) private school employer, if the employee is employed by a private school;
(9) a matriculated graduate student in:
(a) a mental health field whose activities are part of a defined program of study or
professional training; or
(b) education or applied behavior analysis whose activities are part of a defined
program of study or professional training;
(10) a person:
(a) who is enrolled in a behavior analysis course sequence approved by the Behavior
Analyst Certification Board at an accredited institution of higher education;
(b) whose activities are part of a defined program of study or professional training; and
(c) who is actively accruing supervision hours as defined by division rule under Section
58-1-203
 and under the supervision of a licensed behavior analyst;
(11) a person who:
(a) has completed and passed a course sequence approved by the Behavior Analyst
Certification Board; and
(b) is completing the supervision hours as defined by division rule under Section
58-1-203
 and under the supervision of a licensed behavior analyst or other supervisor as
permitted by rule adopted by the division;
(12) a person who:
(a) has completed and passed the course sequence approved by the Behavior Analyst
Certification Board;
(b) has completed the supervision hours as defined by division rule under Section
58-1-203
;
(c) continues working under the supervision of a behavior analyst; and
(d) is preparing to take the licensing examination or awaiting results of the licensing
examination, provided the exemption under this Subsection (12)(d) does not extend beyond six
months from the latter of Subsection (12)(b) or (c);
(13) until November 15, 2015, a person who:
(a) has completed and passed the Board Certified Behavior Analyst or Board Certified
Assistant Behavior Analyst Examination developed by the Behavior Analyst Certification
Board; and
(b) is in the process of applying for a license under this part;
(14) an individual providing advice or counsel to another individual in a setting of the
individual's association as friends or relatives and in a nonprofessional and noncommercial
relationship, if there is no compensation paid for the advice or counsel; or
(15) an individual exempt under Subsection 
58-1-307
(1)(b) only if the individual is
supervised by qualified faculty or staff and the activities are a defined part of the degree
program.
Section 10. Section 
58-61-708
 is enacted to read:
 58-61-708.
License and registration denial and discipline.
The division's grounds for refusing to issue a license or registration to an applicant, for
refusing to renew the license of a licensed individual or registration of a registered individual,
for revoking, suspending, restricting, or placing on probation the license of a licensed
individual or registration of a registered individual, for issuing a public or private reprimand to
a licensed individual or registered individual, and for issuance of a cease and desist order are
under Section 
58-1-401
.
Section 11. Section 
58-61-709
 is enacted to read:
 58-61-709.
Unlawful conduct.
As used in this part, "unlawful conduct" includes:
(1) practice of behavior analysis unless licensed as a behavior analyst or assistant
behavior analyst under this part, registered as a behavior specialist or assistant behavior
specialist, or exempted from licensure or registration under this title; or
(2) representing oneself as or using the title of licensed behavior analyst or licensed
assistant behavior analyst unless currently licensed under this part.
Section 12. Section 
58-61-710
 is enacted to read:
 58-61-710.
Unprofessional conduct.
As used in this part, "unprofessional conduct" includes:
(1) using or employing the services of any individual to assist a licensed behavior
analyst, licensed assistant behavior analyst, registered behavior specialist, or registered
assistant behavior specialist in any manner not in accordance with the generally recognized
practices, standards, or ethics of the profession for which the individual is licensed or the laws
of the state, including:
(a) acting as a supervisor or accepting supervision of a supervisor without complying
with or ensuring compliance with the requirements of administrative rule adopted by the
division;
(b) engaging in and aiding or abetting conduct or practices that are false, dishonest,
deceptive, or fraudulent;
(c) engaging in or aiding or abetting deceptive or fraudulent billing practices;
(d) failing to establish and maintain appropriate professional boundaries with a client
or former client;
(e) engaging in or promising a personal, scientific, professional, financial, or other
relationship with a client if it appears likely that such a relationship reasonably might impair
the behavior analyst's or registered behavior specialist's objectivity or might harm or exploit the
client;
(f) engaging in sexual activities or sexual contact with a client with or without client
consent;
(g) engaging in sexual activities or sexual contact with a former client within two years
of documented termination of services;
(h) engaging in sexual activities or sexual contact at any time with a former client who
is especially vulnerable or susceptible to being disadvantaged because of the client's personal
history, current mental status, or any condition that could reasonably be expected to place the
client at a disadvantage, recognizing the power imbalance that exists or may exist between the
behavior analyst or registered behavior specialist and the client;
(i) engaging in or aiding or abetting sexual harassment or any conduct that is exploitive
or abusive with respect to a student, trainee, employee, or colleague with whom the licensee
has supervisory or management responsibility;
(j) exploiting a client for personal gain;
(k) using a professional client relationship to exploit a client or other person for
personal gain;
(l) failing to maintain appropriate client records for a period of not less than seven
years from the documented termination of services to the client;
(m) failing to obtain informed consent from the client or legal guardian before taping,
recording, or permitting third party observations of client care or records;
(n) failing to cooperate with the division during an investigation;
(o) using the abbreviated title of LBA unless licensed in the state as a behavior analyst;
(p) using the abbreviated title of LaBA unless licensed in the state as an assistant
behavior analyst;
(q) failing to make reasonable efforts to notify a client and seek the transfer or referral
of services, according to the client's needs or preferences, when a behavior analyst anticipates
the interruption or termination of services to a client;
(r) failing to provide for orderly and appropriate resolution of responsibility for client
care in the event that the employment or contractual relationship ends, according to the client's
needs and preferences;
(s) failing to make reasonable steps to avoid abandoning a client who is still in need of
services;
(t) failing to report conviction of a felony or misdemeanor directly relating to the
practice of behavior analysis or public health and safety;
(u) failing to report revocation or suspension of certification from the Behavior Analyst
Certification Board; and
(v) failure to confine practice conduct to those acts or practices in which the individual
is competent by education, training, and experience within limits of education, training, and
experience; and
(2) other conduct as further defined by administrative rule adopted by the division.
Section 13. Section 
58-61-711
 is enacted to read:
 58-61-711.
Penalty for unlawful conduct.
An individual who commits any act of unlawful conduct as defined in:
(1) Subsection 
58-61-501
(1) is guilty of a third degree felony; or
(2) Subsection 
58-61-501
(2) is guilty of a class A misdemeanor.
Section 14. Section 
58-61-712
 is enacted to read:
 58-61-712.
Reporting of unprofessional or unlawful conduct -- Immunity from
liability.
(1) Upon learning of an act of unlawful or unprofessional conduct as defined in Section
58-61-102
 by a person licensed or registered under this chapter or an individual not licensed or
registered under this chapter who engaged in acts or practices regulated under this chapter,
which results in disciplinary action by a licensed health care facility, professional practice
group, or professional society, or which results in a significant adverse impact upon the public
health, safety, or welfare, the following shall report the conduct in writing to the division
within 10 days after learning of the disciplinary action or the conduct, unless the individual or
person knows it has been reported:
(a) a licensed health care facility or an organization in which an individual licensed or
registered under this chapter engaged in practice;
(b) an individual licensed or registered under this chapter; or
(c) a professional society or organization whose membership individuals licensed or
registered under this chapter and that has the authority to discipline or expel a member for acts
of unprofessional conduct or unlawful conduct.
(2) Any individual who reports acts of unprofessional or unlawful conduct by an
individual licensed or registered under this chapter is immune from liability arising out of the
disclosure to the extent the individual furnishes the information in good faith and without
malice.
Section 15. Section 
58-61-713
 is enacted to read:
 58-61-713.
Confidentiality -- Exemptions.
(1) A behavior analyst or behavior specialist under this chapter may not disclose any
confidential communication with a client or patient without the express consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) the authorized agent of a client or patient.
(2) A behavior analyst or behavior specialist is not subject to Subsection (1) if:
(a) the behavior analyst or behavior specialist is permitted or required by state or
federal law, rule, regulation, or order to report or disclose any confidential communication,
including:
(i) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of a
Vulnerable Adult;
(ii) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting
Requirements;
(iii) reporting under Title 78B, Chapter 3, Part 5, Limitation of Therapist's Duty to
Warn; or
(iv) reporting of a communicable disease as required under Section 
26-6-6
;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made
under an exemption from evidentiary privilege under Utah Rules of Evidence, Rule 506; or
(c) the disclosure is made under a generally recognized professional or ethical standard
that authorizes or requires the disclosure.
Section 16. Section 
58-61-714
 is enacted to read:
 58-61-714.
Third party payment for licensed behavior analyst.
Notwithstanding the provisions of Section 
31A-22-618
, payment from third party
payers for behavior analysis may be limited to:
(1) a licensed behavior analyst as defined in 
58-61-701
; and
(2) the following, working within the scope of their practice:
(a) a physician licensed under Chapter 67, Utah Medical Practice Act or Chapter 68,
Utah Osteopathic Medical Practice Act;
(b) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice
Act;
(c) a psychologist licensed under this chapter;
(d) a clinical social worker licensed under Chapter 60, Part 2, Social Work Licensing
Act;
(e) a marriage and family therapist licensed under Chapter 60, Part 3, Marriage and
Family Therapist Licensing Act; and
(f) a clinical mental health counselor licensed under Chapter 60, Part 4, Clinical Mental
Health Counselor Act.
Section 17. Section 
63I-1-258
 is amended to read:
63I-1-258.
Repeal dates, Title 58.
(1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2016.
(2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2015.
(3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018.
(4) Section 
58-37-4.3
 is repealed July 1, 2016.
(5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
(6) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2019.
(7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2015.
(8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
1, 2023.
(9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
(10) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
2026.
[
(10)
] 
(11)
 Section 
58-69-302.5
 is repealed on July 1, 2015.
[
(11)
] 
(12)
 Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
Section 18. 
Effective date.
This bill takes effect on July 1, 2015.