Applied Behavior Analysis Services

     The bill creates the Colorado behavior analyst licensing board (board) under the direction and supervision of the division of professions and occupations in the department of regulatory agencies (division). On and after July 1, 2028, an individual is prohibited from engaging in or offering the practice of applied behavior analysis unless the individual is licensed by the board. The board is authorized to license behavior analysts and assistant behavior analysts if they meet the requirements specified by the bill and the rules adopted by the board pursuant to the bill.

     An individual who seeks to practice as a behavior analyst or assistant behavior analyst must meet the following requirements:

• File an application for a license;
• Have a valid certification in good standing with a certifying entity;
• Complete a fingerprint-based criminal history record check; and
• If the individual seeks to practice as an assistant behavior analyst, be supervised by a licensed behavior analyst and practice within the scope of practice established by rules of the board .

     The board may deny or refuse to renew a license, suspend or revoke a license, impose probationary conditions on a license, or issue a cease-and-desist letter or seek injunctive relief against a licensee or an applicant for licensure who has engaged in specified grounds for discipline or unprofessional conduct.

     The bill exempts specified individuals from the licensing requirements established by the bill.

     An individual who practices or offers or attempts to practice as a behavior analyst or assistant behavior analyst without being licensed pursuant to the bill and who is not exempted from licensure commits a class 2 misdemeanor.

     The board shall adopt rules as necessary to implement the bill.

     The regulation of behavior analysts and assistant behavior analysts is scheduled for repeal on September 1, 2031. Before the repeal, the functions of the board in regulating applied behavior analysis are scheduled for review in accordance with the sunset law.

     The bill requires the department of health care policy and financing (state department) to reimburse an applied behavior analysis provider for applied behavior analysis services provided by a behavior technician certified by a certifying entity to a medicaid member with autism spectrum disorder or other conditions for which coverage may be available under state department policies. Subject to federal approval, the state department shall reimburse the applicable applied behavior analysis provider for applied behavior analysis services provided by a behavior technician who is required by the state department to be certified by a certifying entity, but is not certified at the time of services, for services provided during a one temporary period of not less than 60 45 days while the behavior technician is pursuing the certification if specified conditions are met .

     The department of human services (department) is required to prescribe and publish separate standards for the licensing of applied behavior analysis clinics (clinics). The department is authorized to adopt rules concerning specific subjects related to standards for clinics. Clinics are required to comply with specified requirements regarding local government zoning regulations, licensing fees, and qualifications for employees of the clinics.

      The bill changes the definition of 'day treatment facility' and requires that facilities that were not subject to the definition before the effective date of the bill but meet the amended definition submit an application for licensure by the department on or before August 1, 2026, and become licensed before August 1, 2027.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)