S.F. 192 Section 1. Section 135.24, subsection 7, paragraph d, Code 1 2018, is amended to read as follows: 2 d. “Health care provider” means a physician licensed under 3 chapter 148 , a chiropractor licensed under chapter 151 , a 4 physical therapist licensed pursuant to chapter 148A , an 5 occupational therapist licensed pursuant to chapter 148B , 6 a podiatrist licensed pursuant to chapter 149 , a physician 7 assistant licensed and practicing under a supervising physician 8 pursuant to chapter 148C , a licensed practical nurse, a 9 registered nurse, or an advanced registered nurse practitioner 10 licensed pursuant to chapter 152 or 152E , a respiratory 11 therapist licensed pursuant to chapter 152B , a dentist, dental 12 hygienist, or dental assistant registered or licensed to 13 practice under chapter 153 , an optometrist licensed pursuant to 14 chapter 154 , a psychologist licensed pursuant to chapter 154B , 15 a social worker licensed pursuant to chapter 154C , a mental 16 health counselor , or a marital and family therapist , behavior 17 analyst, or assistant behavior analyst licensed pursuant to 18 chapter 154D , a speech pathologist or audiologist licensed 19 pursuant to chapter 154F , a pharmacist licensed pursuant to 20 chapter 155A , or an emergency medical care provider certified 21 pursuant to chapter 147A . 22 Sec. 2. Section 147.1, subsections 3 and 6, Code 2018, are 23 amended to read as follows: 24 3. “Licensed” or “certified” , when applied to a physician 25 and surgeon, podiatric physician, osteopathic physician and 26 surgeon, physician assistant, psychologist, chiropractor, 27 nurse, dentist, dental hygienist, dental assistant, 28 optometrist, speech pathologist, audiologist, pharmacist, 29 physical therapist, physical therapist assistant, occupational 30 therapist, occupational therapy assistant, orthotist, 31 prosthetist, pedorthist, respiratory care practitioner, 32 practitioner of cosmetology arts and sciences, practitioner 33 of barbering, funeral director, dietitian, behavior analyst, 34 assistant behavior analyst, marital and family therapist, 35 -1- SF 192 (3) 87 tr/nh/jh 1/ 8

S.F. 192 mental health counselor, respiratory care and polysomnography 1 practitioner, polysomnographic technologist, social worker, 2 massage therapist, athletic trainer, acupuncturist, nursing 3 home administrator, hearing aid specialist, or sign language 4 interpreter or transliterator means a person licensed under 5 this subtitle . 6 6. “Profession” means medicine and surgery, podiatry, 7 osteopathic medicine and surgery, practice as a physician 8 assistant, psychology, chiropractic, nursing, dentistry, 9 dental hygiene, dental assisting, optometry, speech pathology, 10 audiology, pharmacy, physical therapy, physical therapist 11 assisting, occupational therapy, occupational therapy 12 assisting, respiratory care, cosmetology arts and sciences, 13 barbering, mortuary science, applied behavior analysis, marital 14 and family therapy, mental health counseling, polysomnography, 15 social work, dietetics, massage therapy, athletic training, 16 acupuncture, nursing home administration, practice as a hearing 17 aid specialist, sign language interpreting or transliterating, 18 orthotics, prosthetics, or pedorthics. 19 Sec. 3. Section 147.2, subsection 1, Code 2018, is amended 20 to read as follows: 21 1. A person shall not engage in the practice of medicine 22 and surgery, podiatry, osteopathic medicine and surgery, 23 psychology, chiropractic, physical therapy, physical 24 therapist assisting, nursing, dentistry, dental hygiene, 25 dental assisting, optometry, speech pathology, audiology, 26 occupational therapy, occupational therapy assisting, 27 orthotics, prosthetics, pedorthics, respiratory care, pharmacy, 28 cosmetology arts and sciences, barbering, social work, 29 dietetics, applied behavior analysis, marital and family 30 therapy or mental health counseling, massage therapy, mortuary 31 science, polysomnography, athletic training, acupuncture, 32 nursing home administration, or sign language interpreting or 33 transliterating, or shall not practice as a physician assistant 34 or a hearing aid specialist, unless the person has obtained a 35 -2- SF 192 (3) 87 tr/nh/jh 2/ 8

S.F. 192 license for that purpose from the board for the profession. 1 Sec. 4. Section 147.13, subsection 16, Code 2018, is amended 2 to read as follows: 3 16. For applied behavior analysis, marital and family 4 therapy , and mental health counseling, the board of behavioral 5 science. 6 Sec. 5. Section 147.14, subsection 1, paragraph m, Code 7 2018, is amended to read as follows: 8 m. For behavioral science, three members licensed to 9 practice marital and family therapy, all of whom shall be 10 practicing marital and family therapists; three members 11 licensed to practice mental health counseling, one of whom 12 shall be employed in graduate teaching, training, or research 13 in mental health counseling and two of whom shall be practicing 14 mental health counselors; two licensed behavior analysts; one 15 licensed assistant behavior analyst; and three members who are 16 not licensed to practice marital and family therapy , applied 17 behavior analysis, or mental health counseling and who shall 18 represent the general public. 19 Sec. 6. Section 147.74, Code 2018, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 14A. a. A behavior analyst licensed under 22 chapter 154D may use the letters “LBA” after the person’s name. 23 b. An assistant behavior analyst licensed under chapter 154D 24 may use the letters “LABA” after the person’s name. 25 Sec. 7. Section 154D.1, Code 2018, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 1A. “Certifying entity” means the behavior 28 analyst certification board or another entity whose programs to 29 certify professional practitioners of applied behavior analysis 30 are accredited by the national commission for certifying 31 agencies or the American national standards institute. 32 NEW SUBSECTION . 1B. “Licensed assistant behavior analyst” 33 means a person licensed to practice applied behavior analysis 34 under the supervision of a licensed behavior analyst under 35 -3- SF 192 (3) 87 tr/nh/jh 3/ 8

S.F. 192 chapter 147 and this chapter. 1 NEW SUBSECTION . 1C. “Licensed behavior analyst” means a 2 person licensed to practice applied behavior analysis under 3 chapter 147 and this chapter. 4 NEW SUBSECTION . 6A. “Practice of applied behavior 5 analysis” means the design, implementation, and evaluation 6 of instructional and environmental modification to produce 7 socially significant improvements in human behavior. 8 “Practice of applied behavior analysis” includes the empirical 9 identification of functional relations between behavior and 10 environmental factors, known as functional assessment and 11 analysis. “Practice of applied behavior analysis” excludes 12 psychological testing, psychotherapy, cognitive therapy, 13 sex therapy, psychoanalysis, hypnotherapy, and counseling as 14 treatment modalities. 15 Sec. 8. NEW SECTION . 154D.2A Licensure —— behavior analysts 16 —— assistant behavior analysts. 17 1. An applicant for a license to practice as a behavior 18 analyst shall be granted a license by the board upon submitting 19 to the board proof of the applicant’s current certification as 20 a behavior analyst or behavior analyst-doctoral by a certifying 21 entity. 22 2. An applicant for a license to practice as an assistant 23 behavior analyst shall be granted a license by the board upon 24 submitting to the board proof of the applicant’s current 25 certification as an assistant behavior analyst by a certifying 26 entity. The applicant must also provide proof of ongoing 27 supervision by a licensed behavior analyst in accordance with 28 the requirements of the certifying entity. 29 Sec. 9. Section 154D.4, Code 2018, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. This chapter and chapter 147 do not 32 prevent or restrict the practice of applied behavior analysis 33 by any of the following: 34 a. Persons licensed to practice other professions under this 35 -4- SF 192 (3) 87 tr/nh/jh 4/ 8

S.F. 192 subtitle, provided that the person does not represent that the 1 person is a licensed behavior analyst or licensed assistant 2 behavior analyst unless also licensed as one, applied behavior 3 analysis is within the scope of practice of the person’s 4 profession, and the services provided are within the boundaries 5 of the person’s education, training, and competence. 6 b. Family members of recipients of applied behavior analysis 7 services implementing applied behavior analysis treatment plans 8 with the recipients under the extended authority and direction 9 of a licensed behavior analyst or a licensed assistant behavior 10 analyst. Such persons shall not represent themselves as 11 behavior analysts or assistant behavior analysts. 12 c. Paraprofessional technicians who deliver applied behavior 13 analysis services under the extended authority and direction 14 of a licensed behavior analyst or licensed assistant behavior 15 analyst. Such persons shall not represent themselves as 16 behavior analysts or assistant behavior analysts and shall use 17 titles that indicate their nonprofessional status, including 18 but not limited to “assistant behavior analyst technician”, 19 “behavior technician”, “tutor”, or “line therapist”. 20 d. Behavior analysts who practice with nonhumans, including 21 but not limited to applied animal behaviorists and animal 22 trainers. Such individuals may use the title “behavior 23 analyst” but shall not represent themselves as licensed 24 behavior analysts or licensed assistant behavior analysts 25 unless they are licensed as such. 26 e. Professionals who provide general applied behavior 27 analysis services to organizations, so long as those services 28 are for the benefit of the organizations and do not involve 29 direct services to individuals. Such professionals may use the 30 title “behavior analyst” but shall not represent themselves 31 as licensed behavior analysts or licensed assistant behavior 32 analysts unless they are licensed as such. 33 f. Students whose applied behavior analysis activities are 34 conducted within a defined program of study, course, practicum, 35 -5- SF 192 (3) 87 tr/nh/jh 5/ 8

S.F. 192 internship, or postdoctoral fellowship, provided that the 1 applied behavior analysis activities are directly supervised 2 by a behavior analyst licensed in this state, an instructor in 3 a course sequence approved by a certifying entity, or another 4 qualified faculty member of the student’s program. Such 5 students shall not present themselves as behavior analysts 6 or assistant behavior analysts and shall use titles that 7 clearly indicate their status, such as “student”, “intern”, or 8 “trainee”. 9 g. Unlicensed persons pursuing supervised experience in 10 applied behavior analysis consistent with the experience 11 requirements of a certifying entity, provided such experience 12 is supervised in accordance with the requirements of the 13 certifying entity. 14 h. Individuals who teach applied behavior analysis or 15 conduct behavior-analytic research, provided that such teaching 16 or research does not involve the direct delivery of applied 17 behavior analysis services. Such individuals may use the 18 title “behavior analyst” but shall not represent themselves 19 as licensed behavior analysts or licensed assistant behavior 20 analysts unless they are licensed as such. 21 i. Behavior analysts licensed in another jurisdiction or 22 certified by a certifying entity to practice independently and 23 who work in this state no more than two thousand eighty hours 24 within a calendar year. 25 j. Persons employed by a school, school district, or area 26 education agency performing the duties of their positions. 27 Such persons shall not represent themselves as licensed 28 behavior analysts or licensed assistant behavior analysts 29 unless they are licensed as such, and shall not offer applied 30 behavior analysis services to any persons or entities other 31 than their school employer or accept remuneration for providing 32 applied behavior analysis services other than the remuneration 33 they receive from their school employer. 34 Sec. 10. Section 154D.5, Code 2018, is amended to read as 35 -6- SF 192 (3) 87 tr/nh/jh 6/ 8

S.F. 192 follows: 1 154D.5 Sexual conduct with client. 2 The license of a behavior analyst, an assistant behavior 3 analyst, a marital and family therapist , or a mental health 4 counselor shall be revoked if the board finds that the licensee 5 engaged in sexual activity with a client as determined by 6 board rule. The revocation shall be in addition to any other 7 penalties provided by law. 8 Sec. 11. Section 154D.7, Code 2018, is amended to read as 9 follows: 10 154D.7 Temporary license —— marital and family therapy —— 11 mental health counseling —— fees. 12 Any person who has fulfilled all of the requirements for 13 licensure under this chapter section 154D.2 , except for having 14 completed the postgraduate supervised clinical experience 15 requirement as determined by the board by rule, may apply 16 to the board for a temporary license. The license shall be 17 designated “temporary license in marital and family therapy” 18 or “temporary license in mental health counseling” and 19 shall authorize the licensee to practice marital and family 20 therapy or mental health counseling under the supervision of a 21 qualified supervisor as determined by the board by rule. The 22 license shall be valid for three years and may be renewed at 23 the discretion of the board. The fee for a temporary license 24 shall be set by the board to cover the administrative costs of 25 issuing the license, and if renewed, a renewal fee as set by 26 the board shall be required. 27 Sec. 12. Section 249A.15A, Code 2018, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 5. The department shall adopt rules 30 pursuant to chapter 17A entitling behavior analysts and 31 assistant behavior analysts who are licensed pursuant to 32 chapter 154D to payment for behavioral health services provided 33 to recipients of medical assistance, subject to limitations 34 and exclusions the department finds necessary on the basis of 35 -7- SF 192 (3) 87 tr/nh/jh 7/ 8