Timeline Illustrating Notable Moments in Accessing
Applied Behavior Analysis in Hawai'i
Applied Behavior Analysis in Hawai'i
2014

Medicaid Lawsuit Filed

2015
Luke's Law
Autism Insurance becomes Law!
Autism Insurance becomes Law!

Licensure for Behavior Analysts becomes Law!

2016
DOE Challenges ABA Licensure Law

Medicaid Lawsuit Settled
Courts rule in favor of families!
Courts rule in favor of families!

FREE 40-hour RBT Course Offered

UWF Hawai'i ABA - Classes begin!

Telehealth becomes Law!

2017
Missing DOE Legislative Report

Commercial Plans Remove Age & Dollar Caps


Medical Necessity

Status of Medicaid | MedQuest

Class-Action Lawsuit on the horizon

ABA During the School Day
August 8, 2017
August 8, 2017


Hawai'i Parents Raise Questions
BOE Community Meetings September 2017
BOE Community Meetings September 2017

Hawai'i News Now: How Our Schools are Failing Our Children with Autism


December: Doctors Authorize
Pulling Children from School for ABA
Pulling Children from School for ABA

2018
DOE introduces HB2271 - January
Against our Keiki with Special Needs
Against our Keiki with Special Needs

DOE introduces SB2925 - February
Second attempt to Limit ABA in DOE
Second attempt to Limit ABA in DOE

Our Legislators take a STAND
For our Keiki - For Luke
For our Keiki - For Luke

ABA Licensure Language revised
April 27, 2018
April 27, 2018
āTeachers are not permitted to independently conduct functional behavior assessments, or to design, develop, or independently oversee applied behavior analysis services.ā
"a licensed behavior analyst or a licensed psychologist is required to conduct functional behavior assessments and to design and oversee applied behavior analysis services..."

UH Professor petitions Governor to Veto ABA Licensure - May 17, 2018

HIDOE settles for $10 million in Special-education lawsuit - June 2018


Senator Kidani and Dr. Mitzie Higa receive HABA's Community Contribution Award (9/2018)

Update Provided at the Autism Law Summit (10/2018)

āIn my view, we tried very hard in the last year or two to resolve this without having to file suit,ā said Louis Erteschik, executive director of the Hawaii Disability Rights Center. āThis was a total last resort.ā The action follows repeated testimony before the Board of Education and Legislature by advocates for autistic children concerning coverage and licensure, and a 2014 lawsuit against the DHS.

2019
Hawaii DOE introduces bills

Hawaii State Teachers Association advocates for access to LBAs

Our law is protected, Mahalo to Representative Justin Woodson (Education Chair)

Q & A About ABA in Hawai'i
What is applied behavior analysis (ABA)?
ABA is a scientific problem-solving approach aimed at producing socially significant behavior changes for the purpose of improving quality of life for individuals, families & communities. Learn more here and here and here and here and here
What support exists for applied behavior analysis (ABA)?
- American Academy of Neurology
- American Academy of Family Pediatrics
- American Academy of Pediatrics
- American Academy of Occupational Therapy Association
- American Psychological Association
- American Speech-Language Hearing Association
- Society for Developmental and Behavioral Pediatrics
- Autism Society of America
- National Institute of Child Health & Human Development
- National Institute of Mental Health

Who is qualified to DESIGN and OVERSEE ABA services in Hawai'i?
A licensed behavior analyst and psychologists who have applied behavior analysis (ABA) in their training, experience and scope of practice may design and oversee ABA services in Hawai'i, in accordance with ones own ethical code. Chapter 465-D, Hawai'i ABA Licensure Law does allow some provisions for those who may IMPLEMENT, but not design ABA services.
What is a BCBA (Board Certified Behavior Analyst)?

"The Board Certified Behavior AnalystĀ® (BCBAĀ®) is a graduate-level certification in behavior analysis. Professionals who are certified at the BCBA level are independent practitioners who provide behavior-analytic services. In addition, BCBAs supervise the work of Board Certified Assistant Behavior Analysts, Registered Behavior Technicians, and others who implement behavior-analytic interventions (BACB)."
"Applicants who meet the degree, coursework, and supervised experience eligibility requirements described in the next section are permitted to sit for either the BCBA or BCaBA examination (see gure below). Each examination is professionally developed to meet accepted examination stan- dards and is based on the results of a formal job analysis and survey. In addition, all BACB examina- tions are offered under secure testing conditions and are professionally administered and scored (BACB Treatment Guidelines)."
What are the requirements to become a Hawai'i licensed behavior analyst (LBA)?
"BACB certication credentials or standards are currently the basis for licensure in the U.S. states where Behavior Analysts are licensed. Basing licensure on BACB credentials is cost effective and ensures that critical competencies regarding practice and research are periodically reviewed and updated by practitioners and researchers. Whether it is used as the basis for licensure or as a āfree-standingā credential, BACB certification credentials are recognized in those states where insurance reform laws have been enacted and in other states as well" (BACB).
A Hawai'i licensed behavior analyst (LBA) is someone who has completed advanced masters level courses in applied behavior analysis (ABA). They have obtained field supervision and have passed a board examination. In Hawai'i the requirement for becoming a Licensed behavior analyst (LBAs) is possession of Board Certification as a Behavior Analyst (BCBA). BCBA's are certified by the Behavior Analyst Certification Board (BACB). Licensed behavior analysts (LBAs) are supervisors for all ABA programs in Hawai'i, as required by ABA Licensure law (Chapter 465-D). Learn more about BACB credentials here | Learn more about Hawai'i licensed behavior analysts here
How can I find out if someone is a Board Certified Behavior Analyst?
How can I find out if someone is Licensed in Hawai'i as a Behavior Analyst?
What are the requirements to become a Registered Behavior TechnicianTM?
The RBTĀ® credential requires applicants to meet minimum age and education standards, obtain 40 hours of acceptable training, successfully complete a competency assessment, and a criminal background check. Learn more here.
How can I find out if someone is a Registered Behavior Technician?
What is the difference between a licensed behavior analyst and a registered behavior technician?

My child's DOE Care Coordinator tells me the DOE does not have to hire LBAs or RBTs. Is this true?
As of 7/1/2016, by not having licensed behavior analysts (LBAs) conduct Functional Behavior assessments (FBAs), which are required whenever a behavior support plan (BSP) is developed, the DOE is violating existing ABA Licensure Law (Chapter 465-D) and possibly federal I.D.E.A. (2004). The DOE has until 2019 to credential all Skills Trainers, working with children with ASD (or those who need ABA) in the school setting. However, we now have health plans saying they will cover ABA services by LBAs and RBTs, during the school day and on school campuses. The DOE (Debra Farmer and Suzanne Mulcahy) however has said they will not partner with health plans or ABA providers so children can access the level of ABA services recommended by their physicians and LBAs.
Does my health insurance cover ABA services?
As of 1/1/2016, commercial health plans in Hawai'i have offered applied behavior analysis (ABA) services. Medicaid/MedQUEST services are also currently being provided. Some self-funded plans do not have to cover the benefit, though many voluntarily choose to do so. Need help with a self-funded plan? Refer to this Autism Speaks Self-Funded Employer Toolkit. In 2017, federal health plans (1/1/2017) and plans for Hawai'i state employees (including teachers) began offering coverage of ABA services (7/1/2017).
Does the Hawai'i DOE provide ABA services?
Short answer? No. Not usually. In the past the Hawai'i DOE has contracted with agencies such as Hawai'i Behavioral Health and BAYADA to meet needs for behavior intervention support specialists (BISS) and paraprofessional/Skills Trainer (1:1) positions. For the 2017-2018 school year, it seems that a significant amount of these contracts have been discontinued or reduced. In some areas, such as on Maui, the DOE has hired several Hawai'i licensed behavior analysts (LBAs), looking to build internal capacity. Windward district also offers access to licensed behavior analysts (LBAs) through a grant-funded project (The A Team), under the supervision of Dr. Aletha Sutton. Traditionally, the DOE has stated that they do not put applied behavior analysis in IEPs. In one situation, the IEP team wrote: "Mrs. xxxxx would like Applied Behavior Analysis to be identified in the Supplementary Aids and Services, Program Modification and Supports for School Personnel section, however, it is not our practice to name specific sciences and/or programs (9/2016)."
Can ABA services funded through health plans be provided on school campuses?
When families and providers have contacted the DOE, we have been told "medical" services cannot occur on school campuses or during the school day (specifically by Debra Farmer, Special Education Autism Director and Suzanne Mulcahy, Assistant Superintendent). The schools are saying the health plans and their providers are not welcome. And yet the schools also do not provide a fungible service.
How many clients should a licensed behavior analyst be responsible for overseeing?
Behavior Analysts should carry a caseload that allows them to provide appropriate case supervision to facilitate effective treatment delivery and ensure consumer protection. Caseload size for the Behavior Analyst is typically determined by the following factors:
-
complexity and needs of the clients in the caseload
-
total treatment hours delivered to the clients in the caseload
-
total case supervision and clinical direction required by caseload
-
expertise and skills of the Behavior Analyst
-
location and modality of supervision and treatment (for example, center vs. home, individual vs. group, telehealth vs. in vivo)
- availability of support staff for the Behavior Analyst (for example, a BCaBA)
How many clients should a registered behavior technician be assigned?
Caseloads for the Behavior Technician are determined by the:
- Complexity of the cases
- Experience and skills of the Behavior Technician
- Number of hours per week the Behavior Technician is employed (intensity of hours of therapy the client is receiving) Applied Behavior Analysis Treatment of Autism Spectrum Disorder: Practice Guidelines for Healthcare Funders and Managers (BACB)
Advocates and Allies of the ABA and ASD Community

Lorri Unumb
Parent | Autism Speaks
Parent | Autism Speaks

Luke Pinnow
Self-Advocate
Self-Advocate

Louis Erteschik
HRDC | Lawyer
HRDC | Lawyer

Senator Kidani
Hawai'i State Senator
Hawai'i State Senator

Rep. Della Belatti
State Representative
State Representative

Geri Pinnow
Parent | Teacher
Parent | Teacher

Dan Unumb
Parent | Legal Advocacy
Parent | Legal Advocacy

Senator Baker
Hawai'i State Senator
Hawai'i State Senator

Amanda N. Kelly
LBA | Behaviorbabe
LBA | Behaviorbabe

Mitzie Higa
Teacher | HSTA
Teacher | HSTA

Lara Bollinger
LBA | Law Student
LBA | Law Student

Dr. Maile Moody Rogers
Parent
Parent

Kristen Koba-Burdt
LBA | HABA
LBA | HABA

Naomi Tachera
Parent | RBT | HABA
Parent | RBT | HABA

Paul Alston
Lawyer | Legal Counsel
Lawyer | Legal Counsel

Kathleen Penland
LBA | HABA | Parent
LBA | HABA | Parent
The Hawai'i Association for Behavior Analysis | Legislative Committee


