Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 3279

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:01pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13
5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30
5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31
7.1 7.2
7.3 7.4 7.5 7.6 7.7 7.8
7.9 7.10 7.11
7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8
9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 11.1 11.2 11.3
11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14
11.15 11.16 11.17 11.18 11.19
11.20 11.21

A bill for an act
relating to health; establishing licensing requirements for behavior analysts and
assistant behavior analysts; providing criminal penalties; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 148.

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

Section 1.

new text begin [148.9981] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 148.9981 to 148.9995, the terms in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Accredited school or educational program. new text end

new text begin "Accredited school or educational
program" means a school, university, college, or other postsecondary education program
that, at the time the student completes the program, is accredited by a regional accrediting
association whose standards are substantially equivalent to those of the North Central
Association of Colleges and Postsecondary Education Institutions or an accrediting
association that evaluates schools of behavior analysis, psychology, or education for inclusion
of the education, practicum, and core function standards.
new text end

new text begin Subd. 3. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Behavior Analyst Advisory
Council established in section 148.9994.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Psychology established in section 148.90.
new text end

new text begin Subd. 5. new text end

new text begin Certifying entity. new text end

new text begin "Certifying entity" means the Behavior Analyst Certification
Board, Inc., or a successor organization or other organization approved by the board in
consultation with the advisory council.
new text end

new text begin Subd. 6. new text end

new text begin Client. new text end

new text begin "Client" means an individual who is the recipient of behavior analysis
services. Client also means "patient" as defined in section 144.291, subdivision 2, paragraph
(g).
new text end

new text begin Subd. 7. new text end

new text begin Licensed assistant behavior analyst. new text end

new text begin "Licensed assistant behavior analyst"
or "assistant behavior analyst" means an individual who holds a valid license issued under
sections 148.9981 to 148.9995 to assist in the practice of applied behavior analysis.
new text end

new text begin Subd. 8. new text end

new text begin Licensed behavior analyst. new text end

new text begin "Licensed behavior analyst" or "behavior analyst"
means an individual who holds a valid license issued under sections 148.9981 to 148.9995
to engage in the practice of applied behavior analysis.
new text end

new text begin Subd. 9. new text end

new text begin Licensee. new text end

new text begin "Licensee" means an individual who holds a valid license issued
under sections 148.9981 to 148.9995.
new text end

new text begin Subd. 10. new text end

new text begin Practice of applied behavior analysis. new text end

new text begin (a) "Practice of applied behavior
analysis" means the design, implementation, and evaluation of social, instructional, and
environmental modifications to produce socially significant improvements in human behavior.
The practice of applied behavior analysis includes the empirical identification of functional
relations between behavior and environmental factors, known as functional behavioral
assessment and analysis. Applied behavior analysis interventions are based on scientific
research and direct and indirect observation and measurement of behavior and environment,
and utilize contextual factors, motivating operations, antecedent stimuli, positive
reinforcement, and other procedures to help individuals develop new behaviors, increase
or decrease existing behaviors, and emit behaviors under specific social, instructional, and
environmental conditions.
new text end

new text begin (b) The practice of applied behavior analysis does not include the diagnosis of psychiatric
or mental health disorders, psychological testing, neuropsychology, psychotherapy, cognitive
therapy, sex therapy, hypnotherapy, psychoanalysis, or psychological counseling.
new text end

Sec. 2.

new text begin [148.9982] DUTIES OF THE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The board, in consultation with the advisory council, must:
new text end

new text begin (1) adopt and enforce standards for licensure, licensure renewal, and the regulation of
behavior analysts and assistant behavior analysts;
new text end

new text begin (2) issue licenses to qualified individuals under sections 148.9981 to 148.9995;
new text end

new text begin (3) carry out disciplinary actions against licensed behavior analysts and assistant behavior
analysts;
new text end

new text begin (4) educate the public about the existence and content of the regulations for behavior
analyst licensing to enable consumers to file complaints against licensees who may have
violated statutes or rules the board is empowered to enforce; and
new text end

new text begin (5) collect license fees for behavior analysts and assistant behavior analysts as specified
under section 148.9995.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin (a) The board, in consultation with the advisory council, may
adopt rules necessary to carry out the provisions of sections 148.9981 to 148.9995.
new text end

new text begin (b) The board, in consultation with the advisory council, may adopt rules related to the
supervision requirements for licensed assistant behavior analysts.
new text end

Sec. 3.

new text begin [148.9983] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin An individual seeking licensure as a behavior analyst or an
assistant behavior analyst must complete and submit a written application on forms provided
by the board together with the appropriate fee as specified under section 148.9995.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for licensure. new text end

new text begin (a) An applicant for licensure as a behavior analyst
must submit evidence satisfactory to the board that the applicant:
new text end

new text begin (1) has a current and active national certification as a board-certified behavior analyst
issued by the certifying entity; or
new text end

new text begin (2) has completed the equivalent requirements for certification by the certifying entity,
including satisfactorily passing a psychometrically valid examination administered by a
nationally accredited credentialing organization.
new text end

new text begin (b) An applicant for licensure as an assistant behavior analyst must submit evidence
satisfactory to the board that the applicant:
new text end

new text begin (1) has a current and active national certification as an assistant behavior analyst issued
by the certifying entity; or
new text end

new text begin (2) has completed the equivalent requirements for certification by the certifying entity,
including satisfactorily passing a psychometrically valid examination administered by a
nationally accredited credentialing organization.
new text end

new text begin Subd. 3. new text end

new text begin Background investigation. new text end

new text begin The board shall conduct a background investigation
on applicants in accordance with section 214.075.
new text end

Sec. 4.

new text begin [148.9984] LICENSE RENEWAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Biennial renewal. new text end

new text begin A license must be renewed every two years.
new text end

new text begin Subd. 2. new text end

new text begin License renewal notice. new text end

new text begin At least 60 calendar days before the renewal deadline
date, the board must mail a renewal notice to the licensee's last known address on file with
the board. The notice must include instructions for accessing an online application for license
renewal, the renewal deadline, and notice of fees required for renewal. The licensee's failure
to receive notice does not relieve the licensee of the obligation to meet the renewal deadline
and other requirements for license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Renewal requirements. new text end

new text begin (a) To renew a license, a licensee must submit to the
board:
new text end

new text begin (1) a completed and signed application for license renewal;
new text end

new text begin (2) the license renewal fee as specified under section 148.9995; and
new text end

new text begin (3) evidence satisfactory to the board that the licensee holds a current and active national
certification as a behavior analyst or assistant behavior analyst from the certifying entity or
otherwise meets renewal requirements as established by the board, in consultation with the
advisory council.
new text end

new text begin (b) The application for license renewal and fee must be postmarked or received by the
board by the end of the day on which the license expires or the following business day if
the expiration date falls on a Saturday, Sunday, or holiday. A renewal application that is
not completed and signed, or that is not accompanied by the correct fee, is void and must
be returned to the licensee.
new text end

new text begin Subd. 4. new text end

new text begin Pending renewal. new text end

new text begin If a licensee's application for license renewal is postmarked
or received by the board by the end of the business day on the expiration date of the license
or the following business day if the expiration date falls on a Saturday, Sunday, or holiday,
the licensee may continue to practice after the expiration date while the application for
license renewal is pending with the board.
new text end

new text begin Subd. 5. new text end

new text begin Late renewal fee. new text end

new text begin If the application for license renewal is postmarked or
received after the expiration date of the license or the following business day if the expiration
date falls on a Saturday, Sunday, or holiday, the licensee must pay a biennial renewal late
fee as specified by section 148.9995, in addition to the renewal fee, before their application
for license renewal will be considered by the board.
new text end

Sec. 5.

new text begin [148.9985] EXPIRED LICENSE.
new text end

new text begin (a) Within 30 days after the renewal date, a licensee who has not renewed their license
must be notified by letter, sent to the last known address of the licensee in the board's file,
that the renewal is overdue and that failure to pay the current fee and current biennial renewal
late fee within 60 days after the renewal date will result in termination of the license.
new text end

new text begin (b) The board must terminate the license of a licensee whose license renewal is at least
60 days overdue and to whom notification has been sent as provided in paragraph (a). Failure
of a licensee to receive notification is not grounds for later challenge of the termination.
The former licensee must be notified of the termination by letter within seven days after
board action, in the same manner as provided in paragraph (a).
new text end

new text begin (c) Notwithstanding paragraph (b), the board retains jurisdiction over a former licensee
for complaints received after termination of a license regarding conduct that occurred during
licensure.
new text end

Sec. 6.

new text begin [148.9986] PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Practice. new text end

new text begin Effective January 1, 2021, an individual must not engage in
the practice of applied behavior analysis unless the individual is licensed under sections
148.9981 to 148.9995 as a behavior analyst or assistant behavior analyst, or is exempt under
section 148.9987. A psychologist licensed under sections 148.88 to 148.98 who practices
behavior analysis is not required to obtain a license as a behavior analyst under sections
148.9981 to 148.9995.
new text end

new text begin Subd. 2. new text end

new text begin Use of titles. new text end

new text begin (a) An individual must not use a title incorporating the words
"licensed behavior analyst," "behavior analyst," "licensed assistant behavior analyst," or
"assistant behavior analyst," or use any other title or description stating or implying that
they are licensed or otherwise qualified to practice applied behavior analysis, unless that
person holds a valid license under sections 148.9981 to 148.9995.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed psychologist who practices applied behavior
analysis within the psychologist's scope of practice may use the title "behavior analyst," but
must not use the title "licensed behavior analyst" unless the licensed psychologist holds a
valid license as a behavior analyst issued under sections 148.9981 to 148.9995.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin An individual who violates this section is guilty of a misdemeanor.
new text end

Sec. 7.

new text begin [148.9987] EXCEPTIONS TO LICENSE REQUIREMENT.
new text end

new text begin (a) Sections 148.9981 to 148.9995 must not be construed to prohibit or restrict:
new text end

new text begin (1) the practice of an individual who is licensed to practice psychology in the state or
an individual who is providing psychological services under the supervision of a licensed
psychologist in accordance with section 148.925;
new text end

new text begin (2) the practice of any other profession or occupation licensed, certified, or registered
by the state by an individual duly licensed, certified, or registered to practice the profession
or occupation or to perform any act that falls within the scope of practice of the profession
or occupation;
new text end

new text begin (3) an individual who is employed by a school district from providing behavior analysis
services as part of the individual's employment with the school district, so long as the
individual does not provide behavior analysis services to any person or entity other than as
an employee of the school district or accept remuneration for the provision of behavior
analysis services outside of the individual's employment with the school district;
new text end

new text begin (4) an employee of a program licensed under chapter 245D from providing the services
described in section 245D.091, subdivision 1;
new text end

new text begin (5) teaching behavior analysis or conducting behavior analysis research provided that
the teaching or research does not involve the direct delivery of behavior analysis services;
new text end

new text begin (6) providing behavior analysis services by an unlicensed supervisee or trainee under
the authority and direction of a licensed behavior analyst or licensed assistant behavior
analyst and in compliance with the licensure and supervision standards required by statute
or rule;
new text end

new text begin (7) a family member or guardian of the recipient of behavior analysis services who is
performing certain behavior analysis services under the authority and direction of a licensed
behavior analyst or a licensed assistant behavior analyst; or
new text end

new text begin (8) students or interns enrolled in an accredited school or educational program, or
participating in a behavior analysis practicum, from engaging in the practice of applied
behavior analysis while supervised by a licensed behavior analyst, licensed assistant behavior
analyst, or instructor of an accredited school or educational program. These individuals
must be designated as a behavior analyst student or intern.
new text end

new text begin (b) Notwithstanding paragraph (a), a licensed psychologist may supervise an unlicensed
supervisee, trainee, student, or intern who is engaged in the practice of behavior analysis if
the supervision is authorized under the Minnesota Psychology Practice Act.
new text end

Sec. 8.

new text begin [148.9988] NONTRANSFERABILITY OF LICENSES.
new text end

new text begin A behavior analyst license or an assistant behavior analyst license is not transferable.
new text end

Sec. 9.

new text begin [148.9989] DUTY TO MAINTAIN CURRENT INFORMATION.
new text end

new text begin All licensees and applicants for licensure must notify the board within 30 days of the
occurrence of any of the following:
new text end

new text begin (1) a change of name, address, place of employment, and home or business telephone
number; and
new text end

new text begin (2) a change in any other application information.
new text end

Sec. 10.

new text begin [148.999] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of sections 148.9981 to 148.9995, behavior analysts and assistant behavior
analysts are subject to the provisions of sections 148.941, 148.952 to 148.965, and 148.98.
new text end

Sec. 11.

new text begin [148.9991] COMPETENT PROVISION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Limits on practice. new text end

new text begin Behavior analysts must limit practice to the client
populations and services for which the behavior analysts have competence or for which the
behavior analysts are developing competence.
new text end

new text begin Subd. 2. new text end

new text begin Developing competence. new text end

new text begin When a behavior analyst is developing competence
in a service, method, or procedure, or is developing competence to treat a specific client
population, the behavior analyst must obtain professional education, training, continuing
education, consultation, supervision or experience, or a combination thereof, necessary to
demonstrate competence.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin A behavior analyst must recognize the limitations to the scope of
practice of applied behavior analysis. When the needs of a client appear to be outside the
behavior analyst's scope of practice, the behavior analyst must inform the client that there
may be other professional, technical, community, and administrative resources available to
the client. A behavior analyst must assist with identifying resources when it is in the best
interest of a client to be provided with alternative or complementary services.
new text end

new text begin Subd. 4. new text end

new text begin Burden of proof. new text end

new text begin Whenever a complaint is submitted to the board involving
a violation of this section, the burden of proof is on the behavior analyst to demonstrate that
the elements of competence have been reasonably met.
new text end

Sec. 12.

new text begin [148.9992] DUTY TO WARN; LIMITATION ON LIABILITY; VIOLENT
BEHAVIOR OF PATIENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end

new text begin (b) "Other person" means an immediate family member or someone who personally
knows the client and has reason to believe the client is capable of and will carry out a serious,
specific threat of harm to a specific, clearly identified or identifiable victim.
new text end

new text begin (c) "Reasonable efforts" means communicating a serious, specific threat to the potential
victim and, if unable to make contact with the potential victim, communicating the serious,
specific threat to the law enforcement agency closest to the potential victim or the client.
new text end

new text begin (d) "Licensee" includes behavior analysis students, interns, and unlicensed supervisees
who are participating in a behavior analysis practicum or enrolled in an accredited school
or educational program.
new text end

new text begin Subd. 2. new text end

new text begin Duty to warn. new text end

new text begin The duty to predict, warn of, or take reasonable precautions to
provide protection from violent behavior arises only when a client or other person has
communicated to the licensee a specific, serious threat of physical violence against a specific,
clearly identified or identifiable potential victim. If a duty to warn arises, the duty is
discharged by the licensee if reasonable efforts are made to communicate the threat.
new text end

new text begin Subd. 3. new text end

new text begin Liability standard. new text end

new text begin If no duty to warn exists under subdivision 2, then no
monetary liability and no cause of action may arise against a licensee for failure to predict,
warn of, or take reasonable precautions to provide protection from a client's violent behavior.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of confidences. new text end

new text begin Good faith compliance with the duty to warn must
not constitute a breach of confidence and must not result in monetary liability or a cause of
action against the licensee.
new text end

new text begin Subd. 5. new text end

new text begin Continuity of care. new text end

new text begin Subdivision 2 must not be construed to authorize a licensee
to terminate treatment of a client as a direct result of a client's violent behavior or threat of
physical violence unless the client is referred to another practitioner or appropriate health
care facility.
new text end

new text begin Subd. 6. new text end

new text begin Exception. new text end

new text begin This section does not apply to a threat to commit suicide or other
threats by a client to harm the client, or to a threat by a client who is adjudicated mentally
ill and dangerous under chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Optional disclosure. new text end

new text begin This section must not be construed to prohibit a licensee
from disclosing confidences to third parties in a good faith effort to warn or take precautions
against a client's violent behavior or threat to commit suicide for which a duty to warn does
not arise.
new text end

new text begin Subd. 8. new text end

new text begin Limitation on liability. new text end

new text begin No monetary liability and no cause of action or
disciplinary action by the board may arise against a licensee for disclosure of confidences
to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure
of confidences to third parties in a good faith effort to warn against or take precautions
against a client's violent behavior or threat of suicide for which a duty to warn does not
arise.
new text end

Sec. 13.

new text begin [148.9993] INFORMED CONSENT.
new text end

new text begin Subdivision 1. new text end

new text begin Obtaining informed consent for services. new text end

new text begin A behavior analyst must
obtain informed consent from the client or the client's legal guardian before initiating
services. The informed consent must be in writing, signed by the client, and include, at a
minimum, the following:
new text end

new text begin (1) consent for the behavior analyst to engage in activities that directly affect the client;
new text end

new text begin (2) the goals, purposes, and procedures of the proposed services;
new text end

new text begin (3) the factors that may impact the duration of the proposed services;
new text end

new text begin (4) the applicable fee schedule for the proposed services;
new text end

new text begin (5) the significant risks and benefits of the proposed services;
new text end

new text begin (6) the behavior analyst's limits under section 148.9991, including, if applicable,
information that the behavior analyst is developing competence in the proposed service,
method, or procedure, and alternatives to the proposed service, if any; and
new text end

new text begin (7) the behavior analyst's responsibilities if the client terminates the service.
new text end

new text begin Subd. 2. new text end

new text begin Updating informed consent. new text end

new text begin If there is a substantial change in the nature or
purpose of a service, the behavior analyst must obtain a new informed consent from the
client.
new text end

new text begin Subd. 3. new text end

new text begin Emergency or crisis services. new text end

new text begin Informed consent is not required when a behavior
analyst is providing emergency or crisis services. If services continue after the emergency
or crisis has abated, informed consent must be obtained.
new text end

Sec. 14.

new text begin [148.9994] BEHAVIOR ANALYST ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Behavior Analyst Advisory Council is created and
composed of seven members appointed by the board. The advisory council consists of:
new text end

new text begin (1) one public member as defined in section 214.02;
new text end

new text begin (2) three members who are licensed behavior analysts;
new text end

new text begin (3) two members who are licensed assistant behavior analysts; and
new text end

new text begin (4) one member who is a licensed psychologist and, to the extent practicable, who
practices applied behavior analysis.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The advisory council is established and administered under
section 15.059, except that the advisory council does not expire.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council must:
new text end

new text begin (1) advise the board regarding standards for behavior analysts and assistant behavior
analysts;
new text end

new text begin (2) assist with the distribution of information regarding behavior analyst standards;
new text end

new text begin (3) advise the board on enforcement of sections 148.9981 to 148.9995;
new text end

new text begin (4) review license applications and license renewal applications and make
recommendations to the board;
new text end

new text begin (5) review complaints and complaint investigation reports and make recommendations
to the board on whether disciplinary action should be taken and, if applicable, what type;
new text end

new text begin (6) advise the board regarding evaluation and treatment protocols; and
new text end

new text begin (7) perform other duties authorized for advisory councils under chapter 214 as directed
by the board to ensure effective oversight of behavior analysts and assistant behavior analysts.
new text end

Sec. 15.

new text begin [148.9995] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin All applicants and licensees must pay fees as follows:
new text end

new text begin (1) application fee, $225;
new text end

new text begin (2) license renewal fee, $225;
new text end

new text begin (3) inactive license renewal fee, $125;
new text end

new text begin (4) biennial renewal late fee, $100; and
new text end

new text begin (5) inactive license renewal late fee, $100.
new text end

new text begin Subd. 2. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees in this section are nonrefundable.
new text end

new text begin Subd. 3. new text end

new text begin Deposit of fees. new text end

new text begin Fees collected by the board under this section must be deposited
in the state government special revenue fund.
new text end

Sec. 16. new text beginINITIAL APPLIED BEHAVIOR ANALYST ADVISORY COUNCIL.
new text end

new text begin The Board of Psychology must make the first appointments to the Behavior Analyst
Advisory Council authorized under Minnesota Statutes, section 148.9994, by September 1,
2020. The initial behavior analysts and assistant behavior analysts appointed to the advisory
council need not be licensed under Minnesota Statutes, sections 148.9981 to 148.9995, but
must hold a current and active national certification as a board-certified behavior analyst
or a board-certified assistant behavior analyst issued by the Behavior Analyst Certification
Board. The chair of the Board of Psychology must convene the first meeting of the council
by September 1, 2020, and must convene subsequent meetings of the council until an
advisory chair is elected. The council must elect a chair from its members by the third
meeting of the council.
new text end

Sec. 17. new text beginAPPROPRIATION.
new text end

new text begin $58,000 in fiscal year 2021 is appropriated from the state government special revenue
fund to the Board of Psychology to implement Minnesota Statutes, sections 148.9981 to
148.9995. The base for this appropriation is $37,000 in fiscal year 2022 and $37,000 in
fiscal year 2023.
new text end

Sec. 18. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective July 1, 2020.
new text end