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DENVER, CO – The House 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.
“With the passage of this bill, we’re one step closer to establishing necessary guardrails that protect children with autism without limiting access to this essential care,” said Rep. Lindsay Gilchrist, D-Denver. “By establishing a licensure process for providers and laying the groundwork for licensing of facilities, we can improve ABA accountability, reporting and the quality of care. As a mother of a child on the autism spectrum, I want all children to receive safe, ethical care from ABA providers and facilities. Our legislation keeps children safe and upholds the integrity of qualified ABA therapists.”
“Without this bill, ABA therapy will remain largely unregulated and more children could fall victim to abuse, neglect, and fraudulent care,” said Rep. Kyle Brown, D-Louisville. “Every child deserves access to high-quality care, and this bill subjects ABA providers to reasonable regulations that keep patients safe. The vast majority of states regulate ABA providers because it standardizes care and deters bad actors. I’m proud to do this work alongside Rep. Gilchrist because Colorado families deserve to have confidence in the ABA provider working with their child.”
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 the House by a vote of 45-19.
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 reduce barriers to the Registered Behavior Technician (RBT) training process, pre-certified providers may request reimbursement during the 45-day window of certification completion.
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.