Wednesday, February 24, 2010

LEG. NEWS - Virginia autism insurance bill SB 464-S1 dies in House Commerce and Labor subcommittee

On February 23, 2010 Virginia autism insurance advocates suffered disappointment for the second year in the row with a House subcommittee decision to table,
 SB 464-S1  Health insurance; mandated coverage for autism spectrum disorder,

The bill last week passed the Virginia Senate by a 27-13 vote and was at the beginning stage of consideration in the Virginia House.

Subcommittee #1 of the House Commerce and Labor committee recommended by unanimous voice vote to table the measure, ending its progress in the 2010 legislative session.

SB 464-S1 would have allowed coverage of applied behavior analysis for children between the ages of 2-6, with a maximum annual benefit of $35,000 under limitations specified in the bill.

For further reading
House Denies Insurance Coverage for Treatment of Autistic Children
Bill would have required coverage for early intervention treatment that improves outcomes, saves state money
Office of Senator Janet Howell 32nd District
February 23, 2010


Panel kills autism treatment coverage mandate
By BOB LEWIS AP Political Writer
February 23, 2010


House panel rejects autism-insurance coverage
By Tyler Whitley Richmond Times-Dispatch:
Published: February 24, 2010


Tuesday, February 16, 2010
Quicktake: Virginia and Missouri autism insurance bills pass floor votes
ABA International Pracice Board Blog

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Thursday, February 18, 2010

LEG.NEWS: Missouri - SS/SB 618 autism insurance bill to Senate floor for 3rd reading on Thursday, February 18, 2010

Missouri SS/SB 618: Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions


Is shown on the Missouri Senate Calendar for Thursday, February 18, 2010, under
THIRD READING OF SENATE BILLS and is anticipated to be debated and voted on in that body.

The Missouri Senate is scheduled to convene at 10:00AM. CST

Past blog post
Feb 13, 2010
LEG. NEWS - Missouri : SS/SB 618 & HCS HB 1311 & 1341 poised for action the week of February 15, 2010; licensing added to the House bill


© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Wednesday, February 17, 2010

ANNOUNCE: One week warning - Early bird registration for ABA International Annual Convention ends February 24, 2010

One week warning on early deadline registration for the Association for Behavior Analysis International (ABAI)'s 36th Annual Convention in San Antonio, Texas, May 28 - June 1, 2010 at the Henry B. Gonzalez Convention Center
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Wednesday, February 24, 2010 is the last day to register for the annual convention at the "early bird" pre-registration pricing. You can save over 30% by registering today instead of paying on-site!

Hotel rooms may still be available at the 4th overflow hotel, the Hyatt Regency, located within walking distance of the convention center. Please visit the hotel information page  to make your reservation on-line.

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org
 
 

Tuesday, February 16, 2010

OPPORTUNITY: Autism Science Foundation offers scholarships for parents and stakeholders to attend International Meeting for Autism Research (IMFAR)

The Autism Science Foundation has a notice on their website of an opportunity to allow parents and other stakeholders to attend the International Meeting for Autism Research (IMFAR). This blog has previously reported on the IMFAR conference, the cutting age autism research offered at this conference, and past research presented there by behavior analysts.

(February 11, 2010 -- New York, NY) The Autism Science Foundation today announced that is offering a limited number of grants to parents of children with autism and other stakeholders to support attendance at the International Meeting for Autism Research (IMFAR), to be held in Philadelphia, May 20-22, 2010. Awards of up to $1000 can be used to cover registration, travel, accommodations, meals and other directly related expenses, including childcare. After the conference, grant recipients will be expected to share what they've learned with families in their local communities and/or online...

For full information, see the notice and application instructions at the Autism Science Foundation.

Past post
Thursday, January 21, 2010
MEETING: International Meeting for Autism Research (IMFAR)

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

LEG NEWS: Committee Substitute for Virginia SB 464 autism insurance bill scheduled to come to Senate Floor on February 16, 2010

**Update 2/16/10 - 1:11PM PST - SB 464 Committee Substitute was passed without amendment by a vote of 27 to 13 in the Virginia Senate**

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Virginia SB 464: A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.16, relating to health insurance coverage for autism spectrum disorder has been favorably reported with substitute  from the Senate Committee on Commerce and Labor on February 15, 2010.

The Regular Senate Calendar for Tuesday, February 16, 2010 shows
SB 464 S1
  as coming to the Senate Floor for a vote.

The major change of the amendment/substitute was to reduce the age of coverage from up to age ten years to "from age two to age six".

Applied behavior analysis is defined in SB 464 S1, and coverage of applied behavior analysis is in the category of "Habilitative or rehabilitative care". Service provider of behavior analytic services not defined in SB 464 S1, nor are the competencies of the Behavior Analysis Certification Board specified.


FOR MORE INFORMATION

Virginia General Assembly

Autism Votes - Virginia

Bill mandates autism coverage
The state Senate votes today on legislation to require employers to cover autism treatments.
By Courtney Cutright
Tuesday, February 16, 2010


Past blog posts
Thursday, February 4, 2010
LEG. NEWS - Virginia autism insurance bills die or stall in committee

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

LEG NEWS: Iowa autism insurance bill SF1 replaced by Committee substitute SF 2349

Senate File (SF)1: A bill for an act requiring certain group health insurance policies, contracts, or plans to provide coverage for autism spectrum disorders for certain persons, requiring certification of behavior specialists, and providing an applicability date.
was passed out of the Senate Commerce Committee with amendment on February 11, 2010 but the nature of those amendments were not available at that time.

At the Iowa Legislature on February 15, 2010 it is reported that SF1 has been replaced by

Committee substitute Senate File 2349
Senate File 2349 - Introduced
SENATE FILE BY COMMITTEE ON COMMERCE
(SUCCESSOR TO SF 1)

A BILL FOR An Act requiring certain group health insurance established for employees of the state to provide coverage for autism spectrum disorders for certain persons, requiring certification of behavior specialists, and providing an applicability date.

The most recent actions are

FEB. 15 10 Introduced, placed on calendar. S.J. 405.
FEB. 15 10 Committee report, approving bill. S.J. 407.

Bill Title: *SENATE FILE 2349 (formerly SF 1), a bill for an act requiring certain group health insurance established for employees of the state to provide coverage for autism spectrum disorders for certain persons, requiring certification of behavior specialists, and providing an applicability date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11 Nays, 3 Absent, 1

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes
to the members of the Commerce Committee on Senate File 2349, and they were attached to the committee report.

Brief review seems to indicate that the clauses in SF 1 related to the creation of a "behavior specialist" certification still apply, to wit:
a "'Behavior specialist' means an individual, certified by the commissioner, who designs, implements, or evaluates a behavior modification intervention component of a treatment plan, including those based on applied behavioral analysis, to produce socially significant improvements in human behavior or to prevent loss of attained skill or function, through skill acquisition and the reduction of problematic behavior,
and that,
"The commissioner, in consultation with the board of medicine, shall adopt rules providing for the certification of behavior specialists..."

See the full text of SF 2349 for specific language.


FOR MORE INFORMATION

To create an Iowa Legislature Bill and Code Watch

Iowa Legislature

Autism Votes Iowa

Past post
Friday, January 22, 2010
LEG. NEWS: Iowa - SF1 Autism Insurance bill and January 27, 2010 hearing


© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

LEG NEWS: Colorado - Bill that would have blocked implementation of autism insurance law killed in committee

On February 4, 2010, a bill in the Colorado General Assembly (HB10-1154)  that would have blocked the July 1, 2010 implementation of of the law mandating health insurance coverage of autism spectrum by passage of 2009 Senate Bill 09-244  was postponed indefinitely in the Colorado House Committee on State, Veterans, & Military Affairs  by a 6-5 vote.

This postponement allows SB 09-244/C.R.S. 10-16-104 to proceed to implementation to cover autism treatment, including applied behavior analysis, on July 1 as originally specified.

Among those reporting as having submitted testimony against HB10-1154 was David Hatfield, Ph.D., BCBA-D, Current Director of the Colorado Coalition of Autism Professionals.

FOR MORE INFORMATION
Colorado Coalition of Autism Professionals (COCAP)

Autism Votes - Colorado - FAQs

Report on events in Colorado from the Four Corners ABA newsletter,volume 1, No.1
Travis Blevins, MS, BCBA and David Hatfield, PH.D., BCBA‐D, Licensed Clinical
Psychologist


Autism Society of Colorado legislation page with information on
2009 SB 09-244: Concerning Health Insurance Benefits for the Treatment of Autism Spectrum Disorders

Autism Votes - Colorado

"Timeout" proposal dies; what next?
Friday, February 5, 2010, 4:47pm MST

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Monday, February 15, 2010

LEG. NEWS - West Virginia : HB 4410 autism insurance bill would defines competencies, requirements and scope of practice of state "Certified Behavior Analysts"

This blog previously reported on SB 145 and HB 2858 which would amend West Virginia code to require insurance coverage for autism spectrum disorder early detection, diagnosis and treatment.  HB 2858 references "behavioral therapy" but does not explicitly address providers and competencies.

Since that post two more bills have been added to the slate of legislation currently in the West Virginia Legislature.

A bill introduced on Tuesday February 9, 2010 explicitly references applied behavior analysis, the competencies and qualifications of the stated service providers, and qualifications of "Certified Behavior Analyst"s is
HB 4410
Introduced February 9, 2010 ; referred to the Committee on Banking and Insurance.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §9-5-21; and to amend said code by adding thereto a new section, designated §33-16-3v, all relating to requiring health insurance coverage for autism spectrum disorders; setting forth the types of coverage required; requiring medical services to be provided on a nondiscriminatory basis; and defining terms.
Some definitions from HB 4410 that may be of interest to practicing behavior analysts,
  • "Autism services provider" means any person, entity or group that provides treatment of autism spectrum disorders.
  • "Certified behavior analyst" means a West Virginia licensed psychiatrist or psychologist who is also board certified as a behavior analyst by the Behavior Analyst Certification Board.
  • "Habilitative or rehabilitative care" means professional, counseling and guidance services and treatment programs, including applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of an individual.
  • "Therapeutic care" means services provided by licensed or certified speech therapists, occupational therapists or physical therapists under the direction of a certified behavioral analyst.
HB 4410 would apply to West Virginia Public Employees Insurance, Medicaid, Group Accident and Sickness Insurance,

Another bill introduced on January 28, 2010 is primarily related to prohibiting gender discrimination.
HB. 4215,
Introduced January 28, 2010; referred to the Committee on Banking and Insurance then the Judiciary.
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all relating to prohibiting gender discrimination in health care insurance plans.
FOR MORE INFORMATION

West Virginia Legislature Bill Status Search page

West Virginia Legislature

Autism Votes - West Virginia
(No content related to the bills as of 2/15/10)

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Saturday, February 13, 2010

LEG. NEWS - Missouri : SS/SB 618 & HCS HB 1311 & 1341 poised for action the week of February 15, 2010; licensing added to the House bill

**Update February 16, 2010 - The Missouri House amended, perfected and passed HCS 1311 & 1341. The House Journal for February 16 notes a number of amendments, some of which affect the portions of the bill referring to the practice of behavior analysis; the bill as perfected and passed will be posted when available from the legislative website**

-------------------------------------
The Missouri General Assembly is currently entertaining two bills previously reported on in this blog that would affect the practice and reimbursement of the practice of behavior analysis in Missouri, and the legislative website indicates that action on these could be happening as early as the beginning of this coming week,

Senate Substitute (SS)/SB.618 : Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions.
Bill History

SS/SB. 618 is scheduled for a third reading in the Missouri Senate on February 15, 2010. It is stated on the Senate main page that the Senate will convene at 4:00PM.

SS/SB. 618 provides coverage under the age of 21 for applied behavior analysis, with such payments or reimbursements shall be made to either an "autism provider", the person who is supervising an autism service provider, who is certified as a board certified behavior analyst by the Behavior Analyst Certification Board; or the entity or group for whom such supervising person works or is associated.

SS/SB. 618 defines applied behavior analysis, and includes applied behavior analysis in the coverage category of "habilitative or rehabilitative care". It specifies an "Autism service provider" as 'any person, entity, or group that provides diagnostic or treatment services for autism spectrum disorders who is licensed or certified by the state of Missouri; any person who is certified as a board certified behavior analyst by the behavior analyst certification board; or any person, if not licensed or certified, who is supervised by a person who is certified as a board certified behavioral analyst by the Behavioral Analyst Certification Board, whether such board certified behavioral analyst supervises as an individual or as an employee of or in association with an entity or group'..."

See full text of SS/SB, 618 for all definitions and conditions.

and

House Committee Substitute (HCS) HB 1311 & 1341 -- Insurance Coverage for Pervasive Developmental Disorders

The Missouri House of Representatives reports that HCS HB 1311 & 1341 was reported favorably out of the Rules Committee on February 8, 2010 with a "do pass" recommendation and is shown on the House Bill Calendar for February 15, 2010 for "Perfection".

HOUSE BILLS FOR PERFECTION
House Committee Substitute (HCS) for HB 1311 & 1341 Handler: Scharnhorst (093)
Title:PERVASIVE DEVELOPMENTAL DISORDERS

A significant inclusion in HCS HB 1311 & 1341 is creation of a "Behavior Analyst Advisory Board", the inclusion of a licensure provision for Licensed Behavior Analysts, Licensed Assistant Behavior Analyst, and definition of a "PDD Service Provider" as a Licensed Behavior Analyst, and "Line Therapist" as a person supervised by a Licensed Behavior Analyst.

HCS HB 1311 & 1341 defines applied behavior analysis and the practice of applied behavior analysis.
It would create a  "Behavior Analyst Advisory Board...under the state committee of psychologists within the division of professional registration. Appointments to this Advisory Board would be made by the Governor upon the recommendations of the director of the division, upon the advice and consent of the senate.

The division, prior to submitting nominations, shall solicit nominees from professional associations and licensed behavior analysts or licensed assistant behavior analysts in the state.

The Behavior Analyst Advisory Board shall consist of the following seven members:
  • three licensed behavior analysts, 
  • one licensed behavior analyst holding a doctoral degree, 
  • one licensed assistant behavior analyst, 
  • one professional member of the committee, and 
  • one public member."
The Behavior Analyst Certification Board (BACB) is stated explicitly as a certifying entity, although there is provision for an "equivalent nationally accredited nongovernmental agency approved by the committee [of psychologists] which certifies individuals who have completed academic, examination, training, and supervision requirements in applied behavior analysis;"

Authority, duties, term of service, scope of practice and other specifics are found within the full text of HCS HB 1311 & 1341.

HB 1311 & 1341 also addresses insurance coverage for diagnosis and treatment of autism spectrum disorders; defining applied behavior analysis, including it under the category of "habilitative or rehabilitative care", defines a "PDD service provider" as a licensed behavior analyst/LBA and would authorize payment for applied behavior analysis services to a "PDD service provider".
Coverage would extend through age 21 with differential coverage for children through age 9 and a lower amount through 21.

See summary and full text of HCS HB 1311 &1341 for specifics of coverage, implementation and exclusions.

FULL SUMMARY with description of testimony and statements by opponents and proponents.

Among those testifying for the bill were Lorri Unumb, Autism Speaks; Representative Dennis O'Brien, Pennsylvania House of Representatives; Colin Peeler, Ph.D., BCBA, Ronald Ekstrand, Jr.,John M. Guercio, Ph.D., BCBA, CBIST, Missouri Association for Behavior Analysis.

FOR MORE INFORMATION

Missouri General Assembly

Missouri Association for Behavior Analysis/MOABA

Autism Votes - Missouri

Show Me Autism Coverage Now

Possible Insurance Coverage for Autism Treatment
KOMO
Published: Friday, February 12, 2010 at 4:29 PM
Last Updated: Friday, February 12, 2010 at 8:05 PM


Previous Blog Posts
Wednesday, February 3, 2010
LEG. NEWS: Missouri autism insurance bills progress in General Assembly with amendments

Friday, January 29, 2010
LEG. NEWS: Missouri SB 618 autism insurance bill goes to Senate floor on February 1, 2010 for "Perfection"

Wednesday, January 27, 2010
LEG NEWS: Missouri SB 618 unanimously passed in Senate Committee, HB 1311 under scrutiny in House Committee

Tuesday, January 19, 2010
LEG NEWS: Missouri Autism Insurance bills heard in committee on Tuesday, January 19, 2010

Friday, December 4, 2009
STATES: Missouri Prefiles Two Autism Insurance Reform Bills

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.

Friday, February 12, 2010

FYI: An iPhone app that might be helpful in IEP meetings

This is an FYI on an iPhone/iPod Touch app reported in the news, but this is not a first-hand report, and posting does not constitute recommendation, endorsement, warranty or statement of suitability. Interested readers are directed to check the information out first-hand and determine suitability of the application for their particular use.

On February 12, 2010 Disability Scoop reported on a new free-of-charge iPhone app for special education developed for the Parent Educational Advocacy Training Center (PEATC) by Nurvee. The stated purpose of the app is to be an "on-the-spot intelligent assistance" tool for families, students, and teachers in the development of student Individual Education Programs (IEPs).

A how-to example 2:10


The IEP Checklist is available at the PEATC website or at the iTunes Store.

FOR MORE INFORMATION

IEP Checklist App
Parent Educational Advocacy Training Center

‘IEP Checklist’ iPhone App Aims To Level Playing Field
By Shaun Heasley, Disability Scoop
February 12, 2010

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Views and news expressed in this blog are those of the individual author and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

Thursday, February 11, 2010

LEG. NEWS: Maine SP 446/LD 1198 Scheduled for a committee worksession on February 17, 2010

This blog previously reported on Maine SP 446/LD 1198: An Act To Reform Insurance Coverage To Include Diagnosis for Autism Spectrum Disorders, which was carried over from 2009 to the 2010 legislative season. SP 446/LD 1198 defines applied behavior analysis, and includes applied behavior analysis under "habilitative and rehabilitative services"; it does not explicitly state provider, nor does it specify the BACB certification or competencies for delivery of applied behavior analysis service.

The hearing calendar for the Committee on Insurance and Financial Services shows SP 446/LD 1198 as scheduled for another work session on February 17, 2010 at 2PM in Room 427, State House.

The bill has been in committee for some months and since the commencement of the 2010 legislative session but not yet voted out, although work sessions were scheduled on January 12, 19, and February 9, 2010.

For further information & Previous blog post(s)

Maine Legislature Tracking SP 446/LD 1198


Autism Votes - Maine


Friday, January 8, 2010
LEG. NEWS: January 12 hearing on Maine LD 1198: "An Act To Reform Insurance Coverage To Include Diagnosis for Autism Spectrum Disorders"

Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

Wednesday, February 10, 2010

LEG. NEWS - Kentucky HB 159 moves forward with substitute bill to create separate licensing board for behavior analysts

This blog previously reported on Kentucky HB 159, which specified a licensing condition for behavior analysts practicing in the state, depending on the conditions specified in the bill, as Licensed Behavior Analyst or Licensed Assistant Behavior Analyst; however at the time of that post, the proposal was that  regulation and licensure would be under the purview of Kentucky Board of Examiners of Psychology.

HB 159 also contains a section defining health insurance coverage for autism with differentials from ages 1-6 years and 7-21 years with applied behavior analysis and practice defined, included under the category of "habilitative and rehabilitative care". The competencies of the Behavior Analyst Certification Board are specified in HB 159 under the definitions and in meeting the licensure requirements.

Today, the Kentucky Legislative website reports that a substitute bill for HB 159 (HCS) passed favorably from the  House Standing Committee on Local Government now specifies establishment of a separate licensing board - the "Kentucky Applied Behavior Analysis Licensing Board".
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HB 159 - AMENDMENTS

     HCS/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 Licensing 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.

"(...)SECTION 20.   A NEW SECTION OF KRS CHAPTER 319B IS CREATED TO READ AS FOLLOWS:
(1)    (a)    There is hereby created the Kentucky Applied Behavior Analysis Licensing Board. The board shall consist of seven (7) members appointed by the Governor.

(b)    The initial board members shall be appointed as follows:
1.    Four (4) members shall be credentialed behavior analysts nominated by a credentialed behavior analyst practicing in the state;
2.    One (1) member shall be a psychologist licensed in the state, the majority of whose practice is related to the treatment of behavior disorders, including but not limited to autism spectrum disorders. The psychologist member shall be nominated by a credentialed behavior analyst practicing in the state; and
3.    Two (2) members shall be the parent of a child diagnosed with and treated for a behavior disorder, including but not limited to an autism spectrum disorder, selected from the state at large.

(c)    Subsequent board members shall be appointed by the Governor as follows:
1.    Four (4) members shall be licensed behavior analysts nominated by a licensed behavior analyst practicing in the state;
2.    One (1) member shall be a psychologist licensed in the state, the majority of whose practice is related to the treatment of behavior disorders, including but not limited to autism spectrum disorders. The psychologist member shall be nominated by a licensed behavior analyst practicing in the state; and
3.    Two (2) members shall be the parent of a child diagnosed with and treated for a behavior` disorder, including but not limited to an autism spectrum disorder, selected from the state at large.
(...)"
Other specifications and conditions stated in full text of the amendment
--------------------

Should HB 159 proceed in the legislative season into enacted statute, Kentucky would join Arizona, Pennsylvania [behavior specialists], Nevada and Oklahoma in specifying a licensure condition for the practice of applied behavior analysis.

FOR FURTHER READING
Record of HB 159 at Kentucky Legislature

Autism Votes Kentucky

Model licensing Act ABA International

BACB Model Licensing Act
Association of Professional Behavior Analysts members only

Past blog posts

Thursday, January 14, 2010
LEG. NEWS: Kentucky - Bill Introduced to Establish Licensure of Behavior Analysts

Monday, January 11, 2010
ABAI NEWSFLASH: ABA International Announces Model Licensing Act for Behavior Analysts

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

NEWS: Initial proposed revisions to DSM-V released; comments requested

On Wednesday Tuesday, February 10, 2010 the American Psychiatric Association (APA) unveiled the proposed initial draft recommendations for the fifth version of the Diagnostic and Statistical Manual of Mental Disorders (DSM), the manual used to diagnose mental disorders. When completed and adopted, the DSM-V would supercede the current version, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR).

The American Psychiatric Association has set up a website with the proposed initial draft recommendations of the revisions developed by the DSM-5 Work Groups. Viewers will be able to submit comments until April 20, 2010. After the April 20th date, the site will still be available for viewing, but comments will not longer be taken.

Further steps before release would be field testing of the proposed revisions and final changes.

The process for developing the DSM-5 began a decade ago, with an initial research planning conference under the joint sponsorship of the APA and the National Institute of Mental Health (NIMH). Additional global research planning conferences, under the auspices of the American Psychiatric Institute for Research and Education (APIRE), the World Health Organization, and three institutes of the National Institutes of Health produced a series of monographs, which helped lay the groundwork for the revisions.

The APA’s DSM-5 Task Force and Work Group members were identified in 2007; they are tasked with reviewing scientific advances and research to develop draft diagnostic criteria in diagnostic categories of psychiatric disorders.

While many changes are planned for the DSM-V, two that were given some attention by the press on Tuesday was the replacement of pediatric bipolar disorder with "Temper Dysregulation Disorder",


and removal of Asperger's Syndrome as a separate diagnosis and placement under the Autism Spectrum Disorder category,



The anticipated release of the DSM-V is May 2013. This release date was delayed from initial projections to allow coordination with the scheduled U.S. implementation on October 1, 2013 of the International Classification of Diseases-10-Clinical Modification (ICD-10-CM) (World Health Organization/WHO) codes for all Medicare/Medicaid claims reporting. Chapter V of the ICD-10-CM is Mental and behavioral disorders. A related development is that the ICD is also in revision to ICD-11 ; that revised version is expected to be released in 2014 or 2015.

---------------------
For further reading

American Psychiatric Association DSM-5 Development

[This article discusses the timeline for the DSM-V and steps towards the final version and coordination witht he ICD-10-CM]
Why is DSM-5 Being Delayed?
Alan F. Schatzberg, M.D.
Psychiatric News January 1, 2010
Volume 45 Number 1 Page 3


International Classification of Diseases (ICD)

Media reports
All google news under keyword "DSM-V"

[This article gives a quick rundown on some proposed revisions]
APA Releases Proposed Draft of the DSM-5
Caroline Cassels
Medscape Medical News
February 10, 2010


Revising Book on Disorders of the Mind
By BENEDICT CAREY
New York Times
Published: February 10, 2010


[In reference to the folding of Asperger's Syndrome into the Autism Spectrum Disorders]
Opinion: Disorder Out of Chaos
By ROY RICHARD GRINKER
New York Times
Published: February 9, 2010




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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

Thursday, February 4, 2010

LEG NEWS: U.S. House Bill - H.R. 4247 on changing restraint and seclusion policy in U.S. schools passes House Committee

Thursday, February 4, 2010, the U.S. House Committee on Education and Labor passed by a bipartisan vote of 34 to 10,
H.R. 4247: The Preventing Harmful Restraint and Seclusion in Schools Act -
"To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes".

This bill, which would regulate the use of restraint, seclusion and other practices in all U.S. public schools, has been the subject of considerable public attention since its introduction on December 9, 2009.

The impetus for H.R. 4247's introduction by Representatives George Miller, 7th-D, CA & Cathy McMorris Rodgers, 5th-D. WA, was a May 19, 2009 hearing before the House Committee on Education and Labor examining the abusive and deadly use of seclusion and restraint in schools, in addition to an investigative report by the GAO, and the report: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools by the National Disability Rights Network.

A related bill is S.2860 (Dodd) "A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes"

The next step for H.R. 4247 is the floor of the U.S. House of Representatives.


For further reading

H.R. 4247 at Thomas.gov

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.  GAO-09-719T, May 19, 2009


School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools
National Disability Rights Network, January 2009

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee
February 4, 2010 12:30 PM

MYTH VS. FACT: Preventing Harmful Restraint and Seclusion in the Schools Act
By Kittredge, Betsy Miller on February 3, 2010 11:05 AM
EdLabor Journal. Committee on Education & Labor
 

H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act
U.S. House Committee on Education & Labor
Full Committee Markup 11:00 AM, February 4, 2010 2175 Rayburn H.O.B
Washington, DC


News of the Day: The Story Behind The Bill
By Kruger, Mike on February 4, 2010 10:30 AM |
School Restraint, Seclusion Bill Clears House Committee
By Michelle Diament, Disability Scoop
February 4, 2010


Past Blog Posts
All past blog posts on the topic and introduction of H.R. 4247 & S.2860

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

LEG. NEWS - Virginia autism insurance bills die or stall in committee

**Update February 8, 2010 4:00PM PST - Autism Votes Virginia reports that due to the weather conditions in the East, that the Senate Labor & Commerce Committee Hearing on SB 464 has been rescheduled for February 15, 2010 at 1:30pm **

**Update February 4, 2010 5:57PM PST - There is some ambiguity on HB 303 since earlier news reports were that this bill had been defeated in committee, but Autism Votes Virginia reports that in addition to the abstention there was a non-physically present "yes" vote, which would not kill HB 303 but also not move it from committee. The legislative website note is that the vote was 4-yea, 4-nay, 1 abstention and 1 not voting, 02/02/10  House: Subcommittee failed to recommend reporting (4-Y 4-N).

On a related note, Autism Votes Virginia also reports that SB 464 has been granted a hearing on Monday February 8, 2010 in the Senate Committee on Commerce and Labor. Currently the Committee docket for February 8 is not showing SB 464 this for that date, but the agendas and dockets are subject to change.**

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On February 1 and 2, 2010 three autism insurance bills in the Virginia Legislature were defeated in committee, and one was deferred to the 2011 legislative session. Two bills remain in committee at this time.

H 303 and H 34 died in the House Committee on Commerce and Labor Subcommittee#1. The bills were combined and the proposed annual coverage reduced below the original proposal, and age range for coverage was restricted to ages 2 to 6. Even with these amendments, the vote on H 303 was a 4Y-4 NY tie with one abstention. In Virginia a tie constitutes a defeat; a majority is required for passage.

SB 649 which, besides the insurance clause, would have established a tuition assistance grant program, was defeated in the Senate Commerce and Labor Committee by a 8-N to 7-Y vote.

H 730, also in the House Committee on Commerce and Labor Subcommittee#1, and was restricted to coverage of early intervention was voted by the Committee to defer to 2011.

The remaining bills as noted in the Virgina Legislative tracking system,are H 1367 and S 464 (which is identical to the original H 303) - however at this time neither bill shows progress in their respective committees.
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Past posts
Sunday, January 31, 2010
LEG NEWS: Virginia autism insurance bills up for hearing week of Feb 1, 2010

Media reports
Va. House panel kills autism therapy bill
BusinessWeek
The Associated Press  February 3, 2010, 11:23AM ET


Autism coverage bill killed in Va. House
February 3, 7:24 AMNorfolk Health Care ExaminerEd Lamb

Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

LEG. NEWS: All Mississippi bills addressing behavior analysis and autism insurance die in committee

On Tuesday, February 2, 2010 all of the bills under consideration in the Mississippi Legislature,
the six autism insurance bills [SB 2055, SB 2129, SB 2175, SB 2363, SB2607, HB1496] died in the Senate and House Insurance Committees and are no longer under consideration in the 2010 Mississippi State Legislature.

SB 2457, which would have phased in training of personnel and routine school use of "applied behavior science" for the state's students with ASD, also died without a vote in the  Education; Appropriations Committees.
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Past blog posts:
Thursday, January 28, 2010
LEG. NEWS: Mississippi - Six autism insurance bills in the legislature 

Friday, January 29, 2010
LEG. NEWS: Mississippi - SB2457 would phase in training of personnel and routine school use of "applied behavior science" for students with ASD


Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

Wednesday, February 3, 2010

LEG. NEWS: Missouri autism insurance bills progress in General Assembly with amendments

On Wednesday, February 3, 2010 two autism insurance bills moved another step forward within the Missouri General Assembly, although both were subject to amendment reducing the amount of annual coverage, with the Senate bill allowing "foreign" health insurance carriers of certain named states to provide health insurance within Missouri with exemption from the mandate. Both bills retained previously included clauses on provision of applied behavior analysis within specified policies, and that BACB certified Board Certified Behavior Analysts were appropriate to supervise delivery of applied behavior analysis, and would meet approval as a provider under the bills. Some concern was voiced on the inability to include Mo Healthnet-Medicaid in the autism insurance legislation.

S.B. 618: Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions.
Deliberation on the Senate floor took two days. A Senate Substitute was offered, amended several times and passed, adopted and perfected as SS/SB 618. The most significant change is that the cap amount has been reduced.

H.B. 1311: Requires health carriers issuing or renewing a health benefit plan to provide coverage for the diagnosis and treatment of autism spectrum disorders
 The progress of HB 1311 was delayed relative to SB 618 SS/SB 618.  It has been reported that H.1311 passed with amendment in an Executive Session of the Special Standing Committee on Insurance today. The legislative website shows that H.B 1311 and H.B. 1341, another autism insurance bill, were referred to Rules - Pursuant to Rule 25(32)(f) (H) , with H.B. 1311 accepted as a substitute for H.B 1341.
At the time of this post no summary copy of the amended H.B. 1311 is available, but media reports state that amendments to H.B. 1311 have substantially reduced the annual coverage requested in the original bill and use a tiered diffential coverage for children <10 years, and 10-21 years. No report was made of whether the BCBA supervisor clause has been changed. H.B. 1311 may come to the floor of the Missouri House for debate as early as next week.

For specfic details and most accurate information on the content of this legislation as it progresses through the Missouri Assembly, the reader is referred to the Missouri General Assembly.

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For more information/Media reports

Autism Votes - Missouri

Missouri General Assembly

Legislators narrow gap on autism bills
Virginia Young
ST. LOUIS POST-DISPATCH
02/04/2010


This story has .mp3 files of the Senate deliberation
Senate near passage of autism bill
by Bob Priddy on February 3, 2010


Mo. Senate passes child autism coverage bill
By: The Associated Press | 03 Feb 2010 | 04:46 PM ET

House committee passes autism insurance bill
By Chad Livengood • clivengood@news-leader.com
Inside Missouri Politics Blog
February 3, 2010


Previous post:
Friday, January 29, 2010
LEG. NEWS: Missouri SB 618 autism insurance bill goes to Senate floor on February 1, 2010 for "Perfection"
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

Tuesday, February 2, 2010

NEWS: The Lancet retracts 1998 Wakefield, et. al. paper linking MMR to autism and GI problems

On February 2, 2010 UK medical journal The Lancet formally retracted, thus formally removing from the scientific record, the 1998 research report that linked the measles-mumps and rubella vaccine (MMR) to bowel disease and pervasive developmental disorder.

RETRACTION:
Retraction—Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and pervasive developmental disorder in children
The Lancet, Early Online Publication, 2 February 2010
doi:10.1016/S0140-6736(10)60175-7
(This article made available free by The Lancet with registration as a service to readers. )

removing from the scientific record,
Wakefield, A.J., Murch, S.H., Anthony, A., Linnell, J., Casson, D.M., Malik,M., et al. (1998). Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and pervasive developmental disorder in children. The Lancet, 351(9103), 637-641.

This retraction comes within days of a UK General Medical Council (GMC) decision that three authors of the 1998 article - Andrew Wakefield, John Walker-Smith and Simon Murch - had committed serious violations of research ethics and additionally, in Wakefield's case, irresponsibility and dishonesty in conducting the original research study. The three will return before the GMC in April where it will be determined whether there was guilt of serious professional misconduct - such a finding could result in sanction up through removal of license to practice medicine.

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Media stories:

Report linking autism to vaccines is retracted by medical journal
By Thomas H. Maugh II
February 2, 2010 | 9:34 a.m.
Los Angeles Times


Lancet Renounces Study Linking Autism And Vaccines
Scott Hensley
National Public Radio(NPR)12:25  pm
February 2, 2010


Lancet accepts MMR study 'false'
By Nick Triggle
Health reporter, BBC News
Page last updated at 14:22 GMT, Tuesday, 2 February 2010


Previous blog post
Thursday, January 28, 2010
NEWS: British GMC rules that unethical practice used and research rules broken in study for 1998 Lancet article linking MMR and autism

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org
 
 

Monday, February 1, 2010

NEWS: Obama administration proposes changes to education policy and law

The Obama administration has put forth a proposal of  overhauling No Child Left Behind.

Some key points are,
  • Changes to federal financing formulas with emphasis on school performance
  • Changes to education law
  • Elimination of the requirement deadline of 2014 to have all students be proficient, to be replaced by graduation from high school, "college or career ready",
  • Possible elimination of school ratings systems based on making "adequate yearly progress" on student test scores.
Regarding new systems, proposals are
  • Dividing schools into more categories to give recognition for success and increasing funding for improvement or closure of failing schools.
  • Define learning goals in earlier grades
One proposal is that based on the results of programs such as the Race to the Top Fund, that similar strategies and conditions might be applied to the distribution of funding through the U.S. Department of Education so that the emphasis is on improvement of schools.

Such proposed changes to educational law would be subject to Congressional approval, and the Administration is reported to be soliciting input from Congressional leaders of both parties in coming weeks to create legislative language attractive to bipartisan support.

A remark on these proposals as part of the President's comments on the 2011 fiscal year budget.

"...That's why I've proposed a more than 6 percent increase in funding for the Education Department.  And this funding is tied to reforms that raise student achievement, inspire students to excel in math and science, and turn around failing schools which consign too many young people to a lesser future -- because in the 21st century there is no better anti-poverty program than a world-class education..."
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For more information/further reading
Obama to Seek Sweeping Change in ‘No Child’ Law
By SAM DILLON Published: January 31, 2010
New York Times


Budgeting for a New Era of Responsibility
Posted by Jesse Lee on February 01, 2010 at 04:34 PM EST
Whitehouse.gov

Education reform: Obama budget reboots No Child Left Behind
Amanda Paulson  Staff writer / February 1, 2010
Christian Science Monitor


Five Ways Obama's Budget Will Change Education Policy
Feb 1 2010, 2:20 pm by Derek Thompson
The Atlantic


Hard choices to come with fiscal year 2011 budget
Tuesday, February 2, 2010
Washington Post


New York Times stories on No Child Left Behind (NCLB)

NCLB U.S. Department of Education

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

Sunday, January 31, 2010

NEWS: California - District Court decision revives Arce v. Kaiser Foundation Health Plan, Inc.

Prefacing note: While this report is being shared as a "news item of interest" as a public event in progress, it seems relevant at this time to state that this report is not taking an editorial position on the legal aspects or allegations of this case nor the specific claimants, nor does this constitute legal interpretation. Please see the court documents for relevant specifics.

On Wednesday, January 27, 2010, a decision authored by Justice Laurie D. Zelon of the Court of Appeals of California, Second District, Division Seven was handed down in California reversing a lower court ruling, and remanding to trial court with directions; this decision allows a previously filed suit to proceed to trial. The suit filed by Arce alleges that an insurer improperly denied applied behavior analysis and speech services as categorical practice and that such denial on the specified basis constitutes violation of California's Mental Health Parity law (AB88: Insurance Code §§10144.5   & Health and Safety Code§1374.72 ). Another aspect of the case in question is the provision of service by providers that are not licensed or state certified. The case in question is ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.

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For more information
2nd Appelate District
updated 1/31/2010 05:05PM
Case information - Arce et al. v. Kaiser Foundation Health Plan, Inc. et al.

Decision transcript
From Leagle, inc.
ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.
ANDREW ARCE, a Minor, etc. et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Respondents.
B215861.
Court of Appeals of California, Second District, Division Seven.
Filed January 27, 2010.



CALIFORNIA LAW
Mental Health Parity aka AB 88,
Insurance Code §§10144.5   & Health and Safety Code§1374.72

Other  articles and reports related to ARCE v. KAISER FOUNDATION HEALTH PLAN, INC. and regulation of ABA coverage
C.A. Revives UCL Action Against Kaiser Over Autism Services
By KENNETH OFGANG, Staff Writer
Metropolitan News-Enterprise
Thursday, January 28, 2010


Appeals court allows Arce vs. Kaiser autism class action to proceed
January 30th, 2010 at 1:48 pm
State Regulators Might Require Health Plans To Cover Autism Therapy
Monday, November 16, 2009
California Healthline


Letter dated 2/24/2009 from Consumer Watchdog to Cindy Ehnes, Director ,California Department of Managed Health Care

Applied Behavior Analysis — the Los Angeles lawsuit
Sam Miller, The Orange County Register
August 15th, 2008, 8:11 am


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ABA chapters in/for California
CalABA
Public Policy and Practice page

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

FYI: Behavior Analysis Association of Michigan (BAAM) - "BAAM Movies: ABA in Natural Settings"

Just wanted to give a heads-up on a resource that might be of considerable usefulness to members of the public and practitioners looking for video examples of procedures of applied behavior analysis.

The Behavior Analysis Association of Michigan (BAAM) has among its many resources for its members, public and practitioners,
  • "BAAM Movies: ABA in Natural Settings"
    BAAM notes that these are also available for viewing on mobile webbrowsers including iPhone and iPod Touch.
To access this video resource, and to see the rationale, proposed audience, viewer compatibility and conditions of use, please visit the BAAM homepage and scroll down to "BAAM Movies: ABA in Natural Settings"

Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org
 
 

FED. LEG - Bills in Congress under topic of Positive Behavior Supports, and regulation of physical restraint and seclusion in schools

While attention is focused on the states, with numerous bills and, in many cases, short legislative calendars, it seems prudent to review the status of Federal legislation currently before the U.S. Congress. This post is a brief round-up and reminder of those under the topic of Positive Behavior Supports, and the regulation of physical restraint and seclusion in U.S. Schools.

The bills below may be of interest to practicing behavior analysts, those who work in schools, and those who are interested in regulation and training in the matter of physical restraint and seclusion.  HR 4247 and S. 2680 are bills that have the attention of the public and the active interest of a large number of advocacy organizations.
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Resources and Related past posts

Thursday, December 17, 2009
S. 2860 bill on restraint and seclusion joins HR 4247 & Wrightslaw sums up this legislation

Autism Votes

Thomas.gov 
legislative information from the Library of Congress

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org