Mich. Comp. Laws § 333.18251 — MI Code / Chapter 333 / Act Act-368-of-1978 / Section 333.18251
Definitions; principles of construction.
Status: in_force

Sec. 18251.

(1) As used in this part:

(a) "Applied behavior analysis services" means services provided to clients that are included in the practice of applied behavior analysis.

(b) "Assistant behavior analyst" means an individual who is licensed or otherwise authorized under this part to engage in practice as an assistant behavior analyst.

(c) "BACB" means the Behavior Analyst Certification Board, a nonprofit corporation that is exempt from taxation under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, or its successor, as determined by the board.

(d) "Behavior analyst" means an individual who is licensed or otherwise authorized under this part to engage in the practice of applied behavior analysis.

(e) "Behavior technician" means an individual who is not licensed or authorized to practice a profession under this part and who delivers applied behavior analysis services under the delegation and supervision of a behavior analyst and meets the requirements of section 18263.

(f) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.

(g) "Other certification board" means a nationally recognized behavior analysis certification board approved by the department by rule.

(h) "Practice as an assistant behavior analyst" means the practice of applied behavior analysis under the supervision of a behavior analyst.

(i) "Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. All of the following apply for purposes of this subdivision:

( i ) Practice of applied behavior analysis includes all of the following:

(A) The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis.

(B) Applied behavior analysis interventions that are based on scientific research and the direct observation and measurement of behavior and the environment.

(C) The utilization of contextual factors, motivating operations, antecedent stimuli, or positive reinforcement.

(D) The utilization of other consequences to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.

( ii ) The practice of applied behavior analysis does not include any of the following:

(A) The practice of medicine, the practice of osteopathic medicine and surgery, or medical diagnosis or treatment.

(B) The practice of speech-language pathology.

(C) The practice of physical therapy.

(D) The practice of occupational therapy.

(E) Psychological testing, including standardized testing for intelligence or personality.

(F) Diagnosis of a mental or physical impairment.

(G) The practice of neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, or counseling as treatment modalities.

(j) "Rules" means rules promulgated by the department in consultation with the board under this part.

(2) In addition to the definitions in this part, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 161 contains definitions applicable to this part.

History: Add. 2016, Act 403, Eff. Apr. 3, 2017