Oregon HB 2421: Relating to applied behavior analysis; and prescribing an effective date.

Bill Text

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HB 2421-A2
(LC 1229)
5/9/23 (SCT/ps)
Requested by SENATE COMMITTEE ON HEALTH CARE
PROPOSED AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2421
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
On page 6 of the printed A-engrossed bill, after line 24, insert:
“SECTION 7a. If House Bill 2395 becomes law, section 7 of this 2023
Act (amending ORS 109.675) is repealed and ORS 109.675, as amended
by section 17, chapter ___, Oregon Laws 2023 (Enrolled House Bill 2395),
is amended to read:
“109.675. (1)(a) A minor may obtain, without parental knowledge or
consent[,]:
“(A) Outpatient diagnosis or treatment of a substance use disorder, ex-
cluding methadone treatment, by a mental health care provider.
“(B) Outpatient applied behavior analysis, as defined in ORS 676.802,
as a treatment of a substance use disorder, excluding methadone
treatment, by a behavior analyst or assistant behavior analyst licensed
under ORS 676.810 or a behavior analysis interventionist registered by
the Health Licensing Office under ORS 676.815 if the treatment is
within the scope of practice of the behavior analyst, assistant behavior
analyst or behavior analysis interventionist.
“(b) A minor 14 years of age or older may obtain, without parental
knowledge or consent[,]:
“(A) Outpatient diagnosis or treatment of a mental or emotional disorder
by a mental health care provider.

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“(B) Outpatient applied behavior analysis, as defined in ORS 676.802,
as a treatment of a mental or emotional disorder by a behavior analyst
or assistant behavior analyst licensed under ORS 676.810 or a behavior
analysis interventionist registered by the Health Licensing Office un-
der ORS 676.815 if the treatment is within the scope of practice of the
behavior analyst, assistant behavior analyst or behavior analysis
interventionist.
“(2) The person providing treatment under this section shall have the
parents of the minor involved before the end of treatment unless the parents
refuse or unless there are clear clinical indications to the contrary, which
shall be documented in the treatment record. The provisions of this sub-
section do not apply to:
“(a) A minor who has been sexually abused by a parent; or
“(b) An emancipated minor, whether emancipated under the provisions of
ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of this
section only, emancipated by virtue of having lived apart from the parents
or legal guardian while being self-sustaining for a period of 90 days prior to
obtaining treatment as provided by this section.”.
HB 2421-A2 5/9/23
Proposed Amendments to A-Eng. HB 2421 (A to RC) Page 2