HF 3367

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 11:27am

A bill for an act
relating to health; requiring notice from a mental health practitioner or mental
health professional before beginning applied behavioral analysis therapy; proposing
coding for new law in Minnesota Statutes, chapters 127A; 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [127A.20] NOTICE REQUIRED BEFORE INITIATING APPLIED
BEHAVIORAL ANALYSIS THERAPY.
new text end

new text begin For schools developing and providing mental health services to address students' mental
health needs, the school mental health practitioner or mental health professional must follow
the requirements in section 214.078 before initiating applied behavioral analysis therapy
for a student on the autism spectrum.
new text end

Sec. 2.

new text begin [214.078] NOTICE REQUIRED BEFORE INITIATING APPLIED
BEHAVIORAL ANALYSIS THERAPY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Applied behavioral analysis therapy" or "ABA therapy"
means practice by a mental health practitioner or mental health professional as defined in
section 245.462 that seeks to modify behavior for a child on the autism spectrum by focusing
on improving specific behaviors that include social skills, communication, reading, and
academics as well as adaptive learning skills that include fine motor dexterity, hygiene,
grooming, domestic skills, and competence.
new text end

new text begin Subd. 2. new text end

new text begin Notice required. new text end

new text begin (a) A mental health practitioner or mental health professional
must provide notice to a parent of a child on the autism spectrum who is under 18 years of
age or the child's responsible adult before beginning ABA therapy. The notice must describe
the adverse effects that could occur by imposing conformity standards on a child on the
autism spectrum and the stressful impact it may have on the child.
new text end

new text begin (b) ABA therapy attempted by a mental health practitioner or mental health professional
with a child on the autism spectrum who is younger than 18 years of age shall be deemed
unprofessional conduct if the mental health practitioner or mental health professional failed
to provide the notice in paragraph (a). The mental health practitioner or mental health
professional may be subject to disciplinary action by the requisite licensing board for
dereliction of duty to warn.
new text end