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DENVER, CO – The House Health and Human Services Committee today passed legislation to keep children safe and prevent abuse in Applied Behavioral Analysis (ABA) clinics. HB25-1425 would establish and require professional licensure for ABA providers and direct the Department of Human Services to create licensure requirements for facilities that treat children.
“Our bill strikes the right balance between regulating ABA clinics and providers to keep kids safe and making sure families can access this essential care,” said Rep. Lindsay Gilchrist, D-Denver. “Children on the autism spectrum can benefit greatly from ABA therapy, but Colorado needs more guardrails in place to ensure children are receiving safe, ethical care from qualified providers. This bill establishes a licensure process for providers and sets the stage for the licensing of facilities to improve accountability, reporting and the quality of care.”
“The ABA space in Colorado is largely unregulated and we have seen allegations of abuse, neglect, and fraud,” said Rep. Kyle Brown, D-Louisville. “Children on the autism spectrum deserve high-quality care, and families should be confident in the providers working with their children. This bill makes sure ABA providers and facilities are subject to reasonable regulations as they provide essential care for our kids. Without this bill, bad actors could continue to operate unethical and frankly dangerous ABA facilities that place children in harm's way. The vast majority of states regulate ABA providers, and this bill ensures that both providers and facilities are operating within the law to keep our children safe.”
HB26-1425 would establish important regulations and licensure for ABA providers to align Colorado with other states, including Texas, Kentucky, and Washington. The bill also initiates the development of facilities licensure without restricting access to critical therapy services. HB26-1425 passed committee by a vote of 8-5.
ABA is one-on-one therapy for patients as young as 18-months through 18 years to support social and communication skills development. ABA is an evidence-based behavioral health treatment primarily used to help manage the symptoms of Autism Spectrum Disorder (ASD) and other developmental disabilities.
Currently, there is no licensure requirement for behavioral health technicians and ABA providers in Colorado. Under this bill, ABA providers would be required to apply for professional licensure. As concerns with facility conditions rise, this bill will also take the necessary first steps to ensure ABA facilities are safe, clean, and comfortable for children in ABA therapy. Additionally, ABA clinics that receive notice of a negative licensing action must notify enrolled families of the notice and provide the state with a list of those families.
To hold bad actors accountable and keep children safe, HB26-1425 would require ABA providers and facilities to obtain licenses. Both professional and facility licenses require fingerprint-based background checks for providers and staff. To streamline the Registered Behavior Technician (RBT) training process, pre-certified providers have a 60-day window to complete certification; without it, they may face disciplinary action or criminal charges.
The bill creates the five-member Colorado behavioral analyst licensing board to investigate and consider disciplinary action against providers engaged in unprofessional conduct. Practicing ABA therapy without a license would be classified as a class 2 misdemeanor.
In February, the Office of the Inspector General (OIG) released an audit of ABA therapy in Colorado, finding that some ABA providers are making improper claims for payment. Based on ongoing issues with ABA fraud, the federal government recommends that Colorado refund millions of dollars. An internal report from the Colorado Department of Human Services (CDHS) revealed dozens of cases of child abuse largely due to a lack of ABA oversight.