MONTGOMERY, Ala. (WTVY) – The Alabama Senate passed a bill last week that advocates say creates a conflict of interest in oversight of autism therapy.

Senate Bill 113 would push the board that licenses autism therapists in Alabama to an advisory role. Instead, the state Department of Mental Health would take over licensing authority.

“My concern is that you start taking away independent, professionalized oversight of a profession,” said Dr. Erich Grommet, a licensed behavior analyst.

Alabama families use autism therapy more than ever. A 2017 insurance law drove that growth.

ABA advocate Mary Elizabeth Christian saw the therapy transform her daughter Grace’s life.

“Our daughter at the time was completely nonverbal. She was very agitated most of the time because she couldn’t communicate at all. She had developed language and then lost all of it. So I think that was an added frustration for her,” Christian said. “So over those years, we used ABA for many things. We used it to teach communication. We used it for toilet training. We used it to teach toleration of things as simple as a bath. And so it opened up her world. I think [it] allowed us to give Grace a joy-filled life.”

Like other fields, the Alabama Behavior Analytic Licensing Board, comprised of behavior analysts, authorizes providers who specialize in this kind of therapy.

Advocates initially supported Senate Bill 113. It would have extended the licensing board―but the bill changed and gives licensing power to the state Department of Mental Health, a conflict of interest to some.

“It takes Alabama Department of Mental Health―who is a mental health provider, a mental health payer―they determine who gets paid in many cases, particularly with respect to Medicaid, and now makes them the licenser,” Grommet said. “They are now responsible for watching themselves, for regulating themselves. They have no outside oversight. This is a terrible conflict of interest, and it is the reason why no other state in America follows this model.”

Grommet says this is especially relevant regarding future investigations into providers that may require someone familiar with the field to properly asses the situation.

Christian is wary of the way this major amendment to the bill was added, questioning if it is what she calls legislative shenanigans.

Ultimately, it is the potential impact on families that is most concerning for these two advocates, which is why they want legislators to talk to those in the field.

“And I’ve seen over the years what it looked like for my daughter, who got good services because we had resources, and people who didn’t get services. It is night and day,” Christian said.

“I implore everybody on the legislature to talk with provider agencies, talk with providers, licensed behavior analysts, licensed assistant behavior analysts, and most importantly, talk with people who have received behavior analytic intervention,” Grommet said. “At least hold it until you have an opportunity to talk to stakeholders and get a full 360º perspective, and we can see how damaging this is going to be for the behavior analytic workforce in Alabama.”

Sen. Chris Elliott sponsored the bill but was not available for comment. It now heads to the House for a vote next week.

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