(a)(1) Commencing on February 26, 2026, the Alabama Behavior Analyst Licensing Board established within the Department of Mental Health is renamed the Alabama Behavior Analyst Advisory Council. The purpose of the advisory council is to advise the department on all matters pertaining to the protection of the health, safety, and welfare of the public relating to licensed behavior analysts, licensed assistant behavior analysts, and the practice of behavior analysis. All members serving on the Alabama Behavior Analyst Licensing Board on February 26, 2026, shall continue to serve as members of the Alabama Behavior Analyst Advisory Council until the expiration of their terms. (2) Commencing on February 26, 2026, all rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Behavior Analyst Licensing Board, or in any other name by which that board has been known, shall transfer to the department. Any reference to the former Alabama Behavior Analyst Licensing Board, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Behavior Analyst Advisory Council as created in this chapter. All actions of the former Alabama Behavior Analyst Licensing Board or the executive director of the former board taken before February 26, 2026, are approved, ratified, and confirmed. (3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Behavior Analyst Licensing Board on February 26, 2026, shall continue under the jurisdiction of the department. (4) The department shall provide all of the following for the performance of the duties of the advisory council: a. Financial services. b. Legal services. c. Dedicated office space within the office of the State Autism Coordinator. d. An administrative assistant who is shared or dedicated to the advisory council and other personnel as necessary for the efficient operation of the advisory council. e. Information technology services that shall include one or more dedicated phone lines, dedicated email addresses for advisory council members and staff, and website maintenance. f. Necessary office furniture and supplies. (b) The advisory council shall consist of seven members, including four licensed behavior analysts, one licensed psychologist in the state, one parent or legal guardian of an individual who has been or is being treated for a behavior disorder or an individual who has received services from a licensed behavior analyst, and one public member who shall be appointed by the Mental Health Commissioner. The Mental Health Commissioner shall coordinate his or her appointments to assure the advisory council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Each member of the advisory council shall serve a three-year term, with initial terms being staggered so that one member serves an initial term of one year, three members serve initial terms of two years, and three members serve initial terms of three years, as provided by the Mental Health Commissioner. The public member shall be an individual who is not and never was a member of any profession licensed or regulated under this chapter, or the spouse of the individual, and who does not have and never has had a material interest in the practice of behavior analysis. (c) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Mental Health Commissioner, upon recommendation of the advisory council. (d) No member shall serve more than two successive three-year terms. (e) A member shall serve until a successor is appointed and assumes office. (f) Members shall be paid out of the funds of the department the same per diem as prescribed by law for state employees for each day of attendance of advisory council business. (g) The advisory council shall meet at least quarterly and may meet at other times as necessary, at the call of the chair or by a majority of the members of the advisory council, to complete the business required. Members of the advisory council may participate in a regular meeting by means of telephone conference, video conference, or similar communications equipment pursuant to the Alabama Open Meetings Act, Chapter 25A of Title 36. (h) The department shall adopt and revise rules pursuant to the Administrative Procedure Act as necessary for the department to implement this chapter. All administrative rules of the former Alabama Behavior Analyst Licensing Board existing on February 26, 2026, which reference this chapter, unless in conflict with existing law, shall remain in effect as rules of the Alabama Behavior Analyst Advisory Council until amended or repealed by the department. (i) The department shall investigate all complaints relating to the practice of behavior analysis by any licensed behavior analyst, licensed assistant behavior analyst, or any individual alleged to be practicing or providing supervision without a state license. (1) The department may fine, censure, revoke or deny a license, place on probation, reprimand, or otherwise discipline a licensee on any of the following grounds: a. Conviction of a crime that the department, by rule, determines to be of a nature as to render the individual convicted unfit to practice as a behavior analyst. b. Violation of the professional and ethical compliance code or the rules adopted pursuant to this chapter. c. Fraud or misrepresentation in obtaining a license. (2) The Mental Health Commissioner may summarily suspend the license of a licensee who the Mental Health Commissioner determines poses an imminent danger to the public. A hearing shall be held within 10 days after the suspension to determine whether the summary action was warranted. (3) No license may be denied, suspended, or revoked or an individual otherwise disciplined without prior notice and opportunity for hearing, except that the Mental Health Commissioner, without prior notice of hearing, may take action against any individual convicted of a crime listed in paragraph (1)a. No license may be denied, suspended, or revoked or an individual otherwise disciplined by the Mental Health Commissioner pursuant to this section without a recommendation from the advisory council. (4) Any person may file a complaint with the Mental Health Commissioner seeking the denial, suspension, or revocation of a license issued or pending issuance by the department, or seeking to otherwise discipline an individual for any violation of this chapter or rules adopted pursuant to this chapter. Complaints shall be in a form prescribed by the Mental Health Commissioner. If the Mental Health Commissioner determines that a complaint alleges facts that, if true, would require disciplinary action or denial, revocation, or suspension of a license, the Mental Health Commissioner shall promptly institute a hearing. If the advisory council determines that a complaint does not allege facts that warrant a hearing, the complaint may be dismissed by the Mental Health Commissioner. The Mental Health Commissioner, on his or her own motion, may institute a hearing for disciplinary action or for the denial, suspension, or revocation of a license. (5) Any individual whose license has been suspended or revoked may apply to the Mental Health Commissioner for vacation of the suspension or reinstatement of his or her license. (j) Upon finding that an individual governed by this chapter has practiced as a behavior analyst, advertised that he or she performs as a behavior analyst, or utilized a title or description denoting that he or she is a behavior analyst without first having obtained a license, the Mental Health Commissioner may do any of the following: (1) Impose an administrative fine. (2) Issue a cease and desist order. (3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine. (k) A majority of the membership of the advisory council shall constitute a quorum. (l) The advisory council shall elect a chair from among its membership on an annual basis. (m) Commencing on February 26, 2026, the name of the separate special revenue fund in the State Treasury known as the Alabama Behavior Analyst Licensing Board Fund shall be renamed and then known as the Alabama Behavior Analyst Advisory Council Fund. All receipts collected by the department pursuant to this chapter shall be deposited into this fund and used by the department to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller. No funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations bill or other appropriations bills. (n) The department may collaborate and partner with the DRS to implement this chapter.
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