71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1433
A-Engrossed
Senate Bill 648
Ordered by the Senate May 8
Including Senate Amendments dated May 8
Sponsored by Senator STARR (at the request of Therese Steward)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Directs State Board of Education to establish tiered
certification requirements for persons providing special
education services to students with autism spectrum disorder.
Directs board to adopt rules governing development and
implementation of educational programs for students with autism
spectrum disorder. Specifies that child with autism spectrum
disorder enrolled in private school is eligible for related
services provided by school district. - }
{ - Specifies that children with autism spectrum disorder who
are eligible for special education are also eligible for services
from Department of Human Services. Directs Mental Health and
Developmental Disability Services Division to adopt certification
requirements for persons providing intensive behavior
intervention based on principles of applied behavior analysis.
Directs division to provide intensive behavior intervention based
on principles of applied behavior analysis. Directs division to
contract with private persons to provide intensive behavior
intervention. - }
{ - Directs State Board of Education to adopt rules directing
community colleges and state institutions of higher education to
aid in training staff to provide intensive behavior intervention
based on principles of applied behavior analysis. - }
{ - Requires certain health insurance policies to cover
diagnosis and treatment of autism spectrum disorder. - }
{ - Modifies amount of school district general purpose grant
for students with autism spectrum disorder. Requires school
district to expend that amount on providing special education
services to students with autism spectrum disorder. - }
{ + Requires State Board of Higher Education to establish at
least one graduate level program to train individuals to
supervise design and implementation of behavior intervention
programs based on principles of applied behavior analysis for
persons with autism spectrum disorder. Specifies certain required
elements of program and standards for staff of program. Requires
Mental Health and Developmental Disability Services Division to
establish system for voluntary registration of individuals with
specified qualifications related to principles of applied
behavior analysis for persons with autism spectrum disorder. + }
Declares emergency, effective { - July 1, 2001 - } { + on
passage + }.
A BILL FOR AN ACT
Relating to autism spectrum disorder; creating new provisions;
amending ORS 430.180; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 351. + }
SECTION 2. { + (1) The State Board of Higher Education shall
establish a graduate level program described in this section at
one or more institutions of higher education listed in ORS
352.002. In setting the curriculum of the program, the State
Board of Higher Education shall follow accreditation requirements
established by the Association for Behavior Analysis and meet
course requirements for certification established by the Behavior
Analyst Certification Board, Incorporated. The graduate level
program shall be designed to:
(a) Train individuals to supervise the design and
implementation of intensive behavior intervention programs based
on principles of applied behavior analysis for persons with
autism spectrum disorder; and
(b) Allow individuals to satisfy applied behavior analysis
registration qualifications described in section 4 of this 2001
Act.
(2) The senior supervising faculty of the graduate level
program and practicum sites described in subsection (3) of this
section must be individuals who meet standards for certification
by the Behavior Analyst Certification Board, Incorporated, and
who satisfy any combination of three of the following:
(a) The individuals are recognized by professionals and
scientists in the field of behavior analysis;
(b) The individuals have a professional record of research and
practice in the field of behavior analysis;
(c) The individuals have published peer-reviewed articles in
journals of the profession of applied behavior analysis;
(d) The individuals have taught courses in applied behavior
analysis;
(e) The individuals have written textbooks relating to applied
behavior analysis; or
(f) The individuals have graduated with an appropriate degree
from a college or university that has a strong educational
program in applied behavior analysis.
(3) The graduate level program described in this section shall
include concurrent practicums and internships in private
intensive autism treatment centers, including the Child
Development School of Oregon and schools in this state affiliated
with Research and Education for Autistic Children's
Treatment. + }
SECTION 3. { + Section 4 of this 2001 Act is added to and made
a part of ORS chapter 430. + }
SECTION 4. { + (1) The Mental Health and Developmental
Disability Services Division shall establish a system for the
voluntary registration of individuals within this state who:
(a) Supervise the design and implementation of intensive
behavior intervention programs based on principles of applied
behavior analysis for persons with autism spectrum disorder; or
(b) Provide intensive behavior intervention based on principles
of applied behavior analysis for persons with autism spectrum
disorder.
(2) Upon receipt of an application for registration accompanied
by payment of a registration fee and evidence of minimum
qualifications, the division shall issue a certificate of
registration to an individual registering with the division.
(3) In determining minimum qualifications for issuance of a
certificate of registration, the division shall follow
established standards within the profession of applied behavior
analysis, such as applied behavior analysis certification
requirements adopted in other states and certification
requirements adopted by private professional organizations of
providers of applied behavior analysis services, including the
Behavior Analyst Certification Board, Incorporated, and the
Association for Behavior Analysis. The division shall consider
whether the applicant is currently certified by the Behavior
Analyst Certification Board, Incorporated, the Association for
Behavior Analysis or by an equivalent organization recognized by
the division.
(4) A certificate of registration issued by the division shall
expire annually and may be renewed upon application to the
division, payment of the renewal fee and compliance with rules
adopted by the division.
(5) The division shall charge fees for the following in amounts
not to exceed:
(a) Initial certificate of registration, $50.
(b) Annual renewal of certificate of registration, $50.
(c) Replacement or duplicate certificate of registration, $25.
(d) Delinquency or late fee, $15.
(6) All moneys received by the division under this section
shall be paid into the State Treasury and deposited in the
General Fund to the credit of the Mental Health and Developmental
Disability Services Account established under ORS 430.180. Such
moneys are appropriated continuously to the Mental Health and
Developmental Disability Services Division for the purposes of
this section.
(7) The division may adopt rules necessary to carry out the
registration system described in subsection (1) of this section.
When developing the registration system, the division may consult
with a state or national organization recognized as having
expertise in the design and implementation of intensive behavior
intervention programs based on principles of applied behavior
analysis for persons with autism spectrum disorder. + }
SECTION 5. ORS 430.180 is amended to read:
430.180. (1) There is established in the General Fund of the
State Treasury an account to be known as the Mental Health and
Developmental Disability Services Account, to which all
reimbursements for cost and care of persons in state programs
collected pursuant to ORS 179.610 to 179.770, 426.241, 427.108
and 430.165 { + , and to which fees received under section 4 of
this 2001 Act, + } shall be deposited.
(2) The moneys in the Mental Health and Developmental
Disability Services Account are hereby continuously appropriated
to the Mental Health and Developmental Disability Services
Division of the Department of Human Services for the purposes of
paying the expenses of those state programs and associated
administrative costs for which revenues are collected pursuant to
ORS 179.770, 426.241 and 430.165 { + and section 4 of this 2001
Act + } and revenues collected for those programs established
pursuant to ORS 427.104, 427.106 (1977 Replacement Part) and
427.108.
(3) The Mental Health and Developmental Disability Services
Division shall keep a record of all moneys credited to and
deposited in the Mental Health and Developmental Disability
Services Account. The record shall indicate by separate
cumulative accounts the source from which the moneys are derived.
(4) In order to facilitate financing the costs advanced as set
forth in subsection (2) of this section, the division may at any
time during the biennium transfer to the Mental Health and
Developmental Disability Services Account, with the approval of
the Director of the Oregon Department of Administrative Services,
such funds as it deems necessary, not to exceed $4 million, from
funds duly appropriated to the division for a biennial period.
Such funds so transferred shall be retransferred from the Mental
Health and Developmental Disability Services Account by the
division to the appropriation from which the original transfer
was made. The retransfers shall be accomplished prior to the last
day of each biennial period.
SECTION 6. { + (1) The Mental Health and Developmental
Disability Services Division shall establish the registration
system described in section 4 of this 2001 Act not later than
January 1, 2002.
(2) The State Board of Higher Education shall establish one or
more graduate level programs described in section 2 of this 2001
Act not later than January 1, 2003. + }
SECTION 7. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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