Definiitons

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  • As used in this subchapter:
    • (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.

    • (b) “Autism services provider” means any person, entity or group that provides treatment for autism spectrum disorders pursuant to this section.

    • (c) “Autism spectrum disorders” means the pervasive developmental disorders set forth in the most recent edition of the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders”, including, but not limited to, Autistic Disorder, Rett’s Disorder, Childhood Disintegrative Disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

    • (d) “Behavioral therapy” means any interactive behavioral therapies derived from evidence-based research, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with an autism spectrum disorder, that are:

      • (A) Provided to children younger than twenty-six years of age,

      • (B) Provided or supervised by:

        • (i) a behavior analyst who is certified by the Behavior Analyst Certification Board,

        • (ii) a licensed physician, or

        • (iii) a licensed psychologist.

      • (C) For the purposes of subparagraph (B), “behavioral therapy” supervised by a “behaviour analyst” means supervised by a behavior analyst, licensed physician or licensed psychologist when the supervision entails at least one hour of face-to-face supervision of the autism services provider by such behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.

    • (e) “Diagnosis” means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has an autism spectrum disorder.

    • (f) “Evidence-based treatment” means treatment subject to research that applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.

    • (g) “Medically necessary” means reasonably expected to do the following:

      • (A) Prevent the onset of an illness, condition, injury, or disability;

      • (B) Reduce or ameliorate the physical, mental, or developmental effects of an illness, condition, injury, or disability; or

      • (C) Assist to achieve or maintain maximum functional capacity in performing daily activities, taking into account both the functional capacity of the individual and the functional capacities that are appropriate for individuals of the same age.


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