Background Check Bill for Behavior Analysts Signed Into Law

Autism New Jersey Scores Legislative Win

On September 12, 2024, Governor Phil Murphy signed legislation that requires criminal background checks for applied behavior analyst licensure applicants. The bill (S2311/A1128) has been Autism New Jersey’s highest legislative priority, and we testified in support of its passage at a recent Senate Commerce Committee hearing.

The Applied Behavior Analyst (ABA) Licensing Act sets standards of education, qualification, training, and experience for those seeking a license to practice applied behavior analysis in New Jersey. Unfortunately, this Act inadvertently omitted the requirement that ABA licensure applicants undergo a criminal background check, including fingerprinting, as a precondition to being licensed. This omission is particularly problematic because autistic individuals’ substantial communication, social, and behavioral deficits make them more vulnerable to harm and in greater need of standard consumer protection measures. S2311/A1128 remedies this omission by including applicants seeking to be licensed by the State Board of Applied Behavior Analyst Examiners under the definition of “health care professional” in New Jersey’s Uniform Enforcement Act.

This law will give caregivers greater peace of mind as many individuals with autism have limited verbal abilities, which likely would make it hard for them to report abuse or negligence. As a parent of a 7-year-old boy with autism and Chief of Police of the New Jersey Institute of Technology Police Department, Kevin Kesselman understands the need for this legislation.

“Working in law enforcement, I can tell you that background checks make a difference in removing those without the moral fiber needed to be responsible for the well-being of others. S2311/A1128 will give caregivers greater peace of mind as many individuals with autism have limited verbal abilities, which likely would make it hard for them to report abuse or negligence.” 

The passage of this legislation is a tangible demonstration of the Legislature’s and the Murphy Administration’s commitment to consumer protection.

“Background checks are a critically important mechanism for ensuring the safety of individuals with autism who seek treatment from licensed professionals,” said Devin Baker, Deputy Public Policy Director of Autism New Jersey.

Autism New Jersey thanks Governor Murphy for signing this bill into law and the legislative sponsors, Senator Troy Singleton (D-7), Senator Robert Singer (R-30), Assembly Minority Leader John DiMaio (R-23), and Assemblywoman Michele Matsikoudis (R-21), for their efforts to enact policies that protect individuals with autism.