The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 393
DEVELOPMENTAL DISABILITIES

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F.S. 393.17

393.17 Behavioral programs; certification of behavior analysts.—

(1) The agency may establish a certification process for behavior analysts in order to ensure that only qualified employees and service providers provide behavioral analysis services to clients. The procedures must be established by rule and must include criteria for scope of practice, qualifications for certification, including training and testing requirements, continuing education requirements for ongoing certification, and standards of performance. The procedures must also include decertification procedures that may be used to determine whether an individual continues to meet the qualifications for certification or the professional performance standards and, if not, the procedures necessary to decertify an employee or service provider.

(2) The agency shall recognize the certification of behavior analysts awarded by a nonprofit corporation that adheres to the national standards of boards that determine professional credentials and whose mission is to meet professional credentialing needs identified by behavior analysts, state governments, and consumers of behavior analysis services. The certification procedure recognized by the agency must undergo regular psychometric review and validation, pursuant to a job analysis survey of the profession and standards established by content experts in the field.

History.—s. 22, ch. 89-308; s. 1, ch. 90-192; s. 4, ch. 91-429; s. 2, ch. 98-152; s. 80, ch. 2004-267; s. 32, ch. 2006-227.

F.S. 393.17 on Google Scholar

F.S. 393.17 on Casetext

Amendments to 393.17

Arrestable Offenses / Crimes under Fla. Stat. 393.17

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 393.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

K. G. GARRIDO, v. DUDEK,, 839 F. Supp. 2d 1254 (S.D. Fla. 2011)

. . . Applied behavior analysis services shall be provided by an individual certified pursuant to s. 393.17 . . .

EVANS, a L. L. C. JCH, v. FOGARTY,, 241 F. App'x 542 (10th Cir. 2007)

. . . providers billed substantially more per client ($595.01) during that period than either the CMHCs ($393.17 . . .

R. FASSY, M. D. P. A. v. P. CROWLEY,, 884 So. 2d 359 (Fla. Dist. Ct. App. 2004)

. . . statewide and local review by committees of professionals certified as behavior analysts pursuant to s. 393.17 . . .

RAYMOND MOTOR TRANSPORTATION, INC. v. RICE, SECRETARY, DEPARTMENT OF TRANSPORTATION OF WISCONSIN,, 434 U.S. 429 (U.S. 1978)

. . . See 49 CFR §§ 390.9, 393.71, and 393.17 (1976). . . .