Chapter 338
2012 -- S 2559 SUBSTITUTE B
Enacted 06/20/12
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS - LICENSING OF APPLIED
BEHAVIOR
ANALYSTS
Introduced By: Senators E O`Neill, Perry, Gallo, Ottiano, and Goodwin
Date Introduced: February 28, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Title 5 of the General Laws entitled
"BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following
chapter:
CHAPTER
86
LICENSING
OF APPLIED BEHAVIOR ANALYSTS
5-86-1.
Short title. – This chapter shall be known and
may be cited as “Licensing of
Applied Behavior Analysts”.
5-86-2. Definitions.
– As used in this chapter, the following terms shall be construed as
follows:
(1) “Applied behavior
analyst” means a person licensed to practice applied behavior
analysis under the provisions of this chapter and the rules
and regulations authorized by this
chapter.
(2) “Applied behavior
analyst aide” means a person not licensed pursuant to the laws and
rules applicable to the practice of applied behavior
analysis, who works under the supervision of a
licensed applied behavior analyst, who assists in the practice
of applied behavior analysis and
whose activities require an understanding of applied
behavior analysis, but do not require
professional or advanced training in the basic anatomical,
psychological, and social sciences
involved in the practice of applied behavior analysis.
(3) “Applied behavior
assistant analyst” means a person licensed who practices applied
behavior analysis under the provisions of this chapter and the
rules and regulations authorized by
this chapter.
(4) “Board” means the
licensing board of applied behavior analysts within the Rhode
Island department of health, established pursuant to
the provisions of section 5-86-3 of the
chapter.
(5) “Department”
means the
(6) “Director” means
the director of the
(7) “Education” means
the academic program pursued by the person in obtaining the
bachelor’s, master’s or doctorate degree, that the programs to
include formal course work,
seminars and practica.
(8) “Psychologist
with equivalent experience” means a person deemed to hold equivalent
licensure as an applied behavior analyst upon satisfying
equivalency requirements through
submission and satisfaction of written evidence of education and
relevant experience to the
department pursuant to subsection 5-86-9(c) of this chapter.
(9) “Practice of
applied behavior analysis” means the design, implementation and
evaluation of environmental modifications by a behavior analyst
to produce socially significant
improvements in human behavior. It includes the empirical
identification of functional relations
between environment and behavior, known as functional
assessment and analysis. Applied
behavior analysis interventions are based on scientific
research and the direct observation and
measurement of behavior and environment. They utilize contextual
factors, establishing
operations, antecedent stimuli, positive reinforcement and other
consequences to help people
develop new behaviors, increase or decrease existing
behaviors, and emit behaviors under
specific environmental conditions. The practice of applied
behavior analysis expressly excludes
psychological testing, neuropsychology, psychotherapy, cognitive
therapy, sex therapy,
psychoanalysis, hypnotherapy, and long-term counseling as treatment
modalities. Such services
are provided by a person licensed under this chapter only
when applied behavior analysis services
are prescribed by a child psychiatrist, a behavioral
developmental pediatrician, a child neurologist
or a licensed psychologist with training in child
psychology pursuant to section 27-20.11-4.
(10) “Supervised
experience” means the practical application of principles, methods and
procedures of the science of applied behavioral analysis in
accordance with the requirements of
section 5-86-9 of this chapter.
(11) “Supervision”
means that a licensed applied behavior analyst is at all times
responsible for supportive personnel and clients.
(12) “These
regulations” mean all parts of
licensing applied behavior analysts, applied behavior assistant
analysts, and psychologists with
equivalent experience.
(13) “Training” means
the pre-professional or professional supervised experience
received by the person at the pre or post-doctoral level that
experience to have been obtained in
an internship, clinic, or other similar professional
setting.
5-86-3. Licensing.
– (a) Any individual licensed under this
chapter may use the title
“licensed applied behavior
analyst” and the abbreviation “LBA” or the title “licensed applied
behavior assistant analyst” and the abbreviation “LABA”, or
the title psychologist with
equivalent experience, provided that the title and abbreviation
correspond to the license held
pursuant to this chapter.
(b) It is unlawful
for any person to represent herself or himself as a
licensed applied
behavior analyst, LBA, licensed applied behavior assistant
analyst, LABA, or psychologist with
equivalent experience, unless she or he is licensed as a
licensed applied behavior analyst or
licensed applied behavior assistant analyst or licensed as a
psychologist with equivalent
experience pursuant to the provisions of this chapter.
(c) A licensed
applied behavior analyst, licensed applied behavior assistant analyst, or
psychologist with equivalent experience, is not required to be an
employee of a prescribing
profession or organization, and may work for a public or private
agency or in private practice in
accordance with the requirements of 5-86-9 of this chapter.
(d) Licensed applied
behavior analysts, licensed applied behavior assistant analysts, and
psychologists with equivalent experience are responsible for
following all applicable federal and
state laws and regulations regarding the confidentiality of
medical records.
5-86-4. Board
of applied behavior analysts– Creation – Composition. –
Within the
department of professional regulation in the department of
health there shall be a
applied behavior analyst licensing board consisting of five
(5) members as provided by section 5-
86-5.
5-86-5. Board of
applied behavior analysts – Appointment, terms, and removal of
members. – (a) The director of the
department of health shall, with the approval of the governor,
appoint five (5) electors as members of the board. Three (3)
members of the board shall be
licensed applied behavior analysts, one member shall be a
licensed applied behavior assistant
analyst, and one shall be a consumer representative holding
neither license. The licensed applied
behavior analysts and licensed applied behavior assistant
analyst shall have at least three (3) years
professional experience with credentials comparable as those
established in this chapter, be
certified for a minimum of five (5) years by an appropriate
nationally recognized accrediting
organization as approved by the department of health.
(b) The
director shall, with the approval of the governor, appoint persons to serve on
the
board. Two (2) of those members first appointed by the
director of the department of health shall
serve initial terms of three (3) years; two (2) of those
members first appointed by the director of
the department of health shall serve an initial term of
two (2) years; and one of those members
appointed by the director of the department of health shall
serve an initial term of one year
thereafter, all appointed members of the board shall be
appointed to serve for terms of three (3)
years.
(c) The board
members are eligible to succeed themselves.
(d) The director may
remove any member from the board for neglect of any duty required
by law, or for incompetence, or unprofessional or
dishonorable conduct. Vacancies shall be filled
in the same manner as the original appointment was made,
for the remainder of the term.
5-86-6. Board
of applied behavior analysts – Organization and meetings.
– (a) The
board shall organize immediately after the appointment and
qualification of its members.
(b) The board shall
annually elect a chairperson and secretary. Meetings may be called by
the chairperson or the director of the department of
health or by written request of three (3)
members of the board. A majority of seats filled shall constitute
a quorum. The board shall meet
as often as necessary.
5-86-7.
Board of applied behavior analysts – General powers.
– The
applied behavior analyst licensing board shall:
(1) Recommend to the
director for his or her approval the adoption and revision of rules
and regulations not inconsistent with law as necessary to
enable it to carry into effect the
provisions of this chapter;
(2) Adopt policies to
be followed in the licensure and renewal of licenses of qualified
applicants in accordance with chapter 42-35, of the
administrative procedures act;
(3) Conduct hearings
upon charges calling for the discipline of a license or revocation.
The department has the power to issue subpoenas and
compel the attendance of witnesses and
administer oaths to persons giving testimony at hearings; and
(4) The board or the
director shall prosecute all persons violating this chapter and has the
power to incur the necessary expenses of prosecution. The board
shall keep a record of all its
proceedings, including, but not limited to, meeting minutes.
5-86-8. Register
of applied behavior analysts – Licensing records – Issuance of
licenses. – The department shall maintain a register of all
licensed applied behavior analysts,
licensed applied behavior assistant analysts and psychologists
with equivalent experience under
this chapter which shall be open at all reasonable times
to public inspection and updated
regularly. The department shall be the custodian of all records
pertaining to the licensing of
applied behavior analysts, applied behavior assistant
analysts and psychologists with equivalent
experience.
5-86-9. Qualifications
and Examinations for Licensing.- (a) An
applicant for licensure
as a licensed applied behavior analyst shall submit to
the board written evidence on forms
furnished by the department verified under oath (i.e.
notarized) that said applicant:
(1) Be of good moral
character;
(2) Has obtained a
graduate degree in applied behavior analysis or a related field, as
approved by the board, from a college or university accredited
by the
schools and colleges, or an equivalent regional accrediting
agency, and which has the approval by
a national or regional certifying authority, including
but not limited to the applied behavior
analyst licensing board;
(3) Has successfully
completed the amount of coursework in applied behavior analysis
acceptable to the board;
(4) Has appropriate
supervised experience to include either: (i) One
year, including one
thousand five hundred (1500) hours of supervised independent
fieldwork in applied behavior
analysis. The distribution of supervised independent
fieldwork hours must be at least ten (10)
hours per week, but not more than thirty (30) hours per
week, for a minimum of three (3) weeks
per month; (ii) One thousand (1000) hours of practicum in
behavior analysis within a university
experience program approved by the national or regional
certifying authority. The distribution of
practicum hours must be at least ten (10) hours per week, but
not more than twenty-five (25)
hours per week, for a minimum of three (3) weeks per month;
or (iii) Seven hundred fifty (750)
hours of intensive practicum in behavior analysis within a
university experience program
approved by the national or regional certifying authority. The
distribution of intensive practicum
hours must be at least ten (10) hours per week, but not more
than twenty-five (25) hours per
week, for a minimum of three (3) weeks per month;
(5) Has passed the
relevant examination administered by an appropriate nationally
recognized accrediting organization as approved by the
department of health for this function;
(6) Maintain active
status and fulfill all relevant requirements for renewal and relicensing
with the nationally recognized and accredited
organization(s) as approved by the department of
health licensing;
(7) Conducts his or her
professional activities in accordance with accepted standards for
responsible professional conduct, as approved by the
licensing board; and
(8) Meets the
criteria as established in section 5-86-12.
(b) An applicant for
licensure as a licensed applied behavior assistant analyst shall submit
to the board written evidence on forms furnished by the
department verified under oath (i.e.,
notarized) that said applicant:
(1) Be of good moral
character;
(2) Has obtained a
bachelor’s degree in behavior analysis or a related field, as approved
by the board, from a college or university accredited by
the
and Colleges, or an equivalent regional accrediting
agency, and which has the approval by a
national or regional certifying authority, including, but not
limited to, the applied behavior analyst
licensing board;
(3) Has successfully
completed the amount of coursework in applied behavior analysis
acceptable to the board;
(4) Has appropriate
supervised experience to include either: (i) One
thousand (1000)
hours of supervised independent fieldwork in applied
behavior analysis. The distribution of
supervised independent fieldwork hours must be at least ten (10)
hours per week, but not more
than thirty (30) hours per week, for a minimum of (3)
three weeks per month; (ii) Six hundred
seventy (670) hours of practicum in behavior analysis within
a university experience program
approved by the national or regional certifying
board. The distribution of practicum hours must
be at least ten (10) hours per week, but not more than
twenty-five (25) hours per week, for a
minimum of three (3) weeks per month; or (iii) Five
hundred (500) hours of intensive practicum
in behavior analysis within a university experience
program approved by the national or regional
certifying board. The distribution of intensive practicum
hours must be at least ten (10) hours per
week, but not more than twenty-five (25) hours per week, for
a minimum of three (3) weeks per
month
(5) Is supervised by
a licensed applied behavior analyst in a manner consistent with the
board’s requirements for supervision of licensed applied
behavior assistant analysts;
(6) Has passed the examination
administered by an appropriate nationally recognized
accrediting organization as approved by department of health
licensing for this function;
(7) Maintain active
status and fulfill all relevant requirements for renewal and relicensing
with the nationally recognized and accredited
organization(s) as approved by the department of
health licensing;
(8) Conduct his or
her professional activities in accordance with accepted standards for
responsible professional conduct, as required by the
licensure board; and
(9) Meet the criteria
as established in section 5-86-11.
(c) An
applicant shall be judged to hold the equivalent requirement of a licensure as
an
applied behavior analyst upon submission to the board,
written evidence on forms furnished by
the department verified under oath (i.e., notarized), if
the following equivalency requirements are
met to the satisfaction of the licensing board:
(1) Has received a
doctoral degree in psychology from a college or university accredited
by the
agency, and which has the approval by a national or regional
certifying authority;
(2) Be
individually licensed by the department of health as a psychologist subject to
chapter 5-44;
(3) Be of good moral
character;
(4) Has completed
coursework in applied behavior analysis supervised by the department
within the college or university granting the requisite
degree or by an accredited postgraduate
clinical training program recognized by the
and/or experience which is deemed equivalent by the board;
(5) Has completed one
thousand five hundred (1,500) hours of direct client contact
offering applied behavior analysis services subsequent to
being awarded a doctoral degree in
psychology;
(6) Conducts his or her
professional activities in accordance with accepted standards for
responsible professional conduct, as required by the
licensure board; and
(7) Meets the
criteria as established in section 5-86-12.
5-86-10. Licensure.
-- A license may be issued to:
(1) An applicant who
meets the requirements for licensure as approved by the department
of health and licensed as a licensed applied behavior
analyst, licensed applied behavior assistant
analyst or psychologist with equivalent experience as stated
in this chapter; and
(2) An applicant who
has been certified by an appropriate nationally recognized and
accredited organization, as approved by the department of
health, licensing and licensed as a
licensed applied behavior analyst, licensed applied behavior
assistant analyst or psychologist with
equivalent experience under the laws of another state,
where the board determines that the requirements are substantially
equivalent to those of this
state.
5-86-11. Application
fee. -- The applicant applying for licensure as
an applied behavior
analyst, applied behavior assistant analyst or psychologist
with equivalent experience shall pay a
fee of one hundred fifty dollars ($150) to the
department.
5-86-12. Limitation of practice. --
The board shall ensure through regulations and
enforcement that licensees limit their practice to demonstrated
areas of competence as
documented by relevant professional education, training, and
experience.
5-86-13. Expiration
and renewal of licenses – Continuing education – Lapsed
license. -- (a) The license of every
person licensed under the provisions of this chapter shall
expire on the first (1st) day of July of the next
even-numbered year following the issuance of his
or her license.
(b) On or before the
first day of May of each even-numbered year, the department shall
mail an application for renewal of license to every person
to whom a license has been issued or
renewed during the cycle.
(c) Every licensed
person who desires to renew his or her license shall file with the
department a renewal application, executed, together with a
renewal fee of one hundred and fifty
dollars ($150), on or before the first (1st) day of June in
each even-numbered year. Upon receipt
of a renewal application and payment of the renewal fee,
the accuracy of the application shall be
verified and the department may grant a renewal license effective
July 1st and expiring the June
30th in each even-numbered year.
(d) Every licensed
person who desires to continue licensure as a licensed applied
behavior analyst, licensed applied behavior assistant analyst
or psychologist with equivalent
experience shall present satisfactory evidence to the board and
approved by rule or regulation of
the board that the licensed applied behavior analyst,
licensed applied behavior assistant analyst or
psychologist with equivalent experience, has completed a
prescribed course of continuing applied
behavior analysis education.
(e) Any person who
allows his or her license to lapse, by failing to renew it on or before
June 1st in each even-numbered year, as provided in
this section, may be reinstated by the
department on payment of the current renewal fee, plus an
additional fee of forty dollars ($40.00).
Any person using the title licensed applied behavior
analyst or licensed applied behavior assistant
analyst or psychologist with equivalent experience offering
services defined as the practice of
behavior analysis under this chapter during the time his or
her license has lapsed is subject to the
penalties provided for violation of this chapter.
5-86-14. Transfers
to inactive list – Reinstatement. -- (a) A licensed applied behavior
analyst, licensed applied behavior assistant analyst or the
equivalence who does not intend to
continue his or her licensure, upon written request to the
department may have his or her name
transferred to an inactive list, and shall not be required to pay
the renewal fee as long as he or she
remains inactive.
(b) Should a licensed
applied behavior analyst, licensed applied behavior assistant analyst
or psychologist with equivalent experience wish to
resume functioning as an applied behavior
analyst, he or she must notify the department and remit his
or her renewal fee in accordance with
the rules and regulations promulgated hereunder within
the immediate two (2) years prior to the
applicant's request for licensure.
5-86-15. Receipts.
-- The proceeds of any fees collected pursuant to the provisions of
this
chapter shall be deposited as general revenues.
5-86-16. Grounds
for discipline. -- The board has the power to deny, revoke, or
suspend
any license issued by the department in accordance with
this chapter, or to discipline a licensee
upon proof that the person:
(1) Is guilty of fraud or deceit in procuring or attempting to
procure a license or
temporary license;
(2) Is guilty of a
felony or of a crime of immorality;
(3) Is habitually intemperate or is addicted to the use of
habit-forming drugs;
(4) Is mentally
incompetent;
(5) Is incompetent or
negligent in the practice of applied behavior analysis as determined
by the
(6) Has not fulfilled
the required continuing education requirements as determined by the
(7) Has violated the ethical
principles governing applied behavior analysts and the
practice of applied behavior analysis, as adopted by the board
and in force at the time a charge is
made, provided that those ethical principles are a
nationally recognized standard;
(8) Has practiced as
a licensed applied behavior assistant analyst or has performed the
duties of a licensed applied behavior assistant analyst
without proper supervision by a licensed
applied behavior analyst pursuant to section 5-86-26;
(9) Has had their
license revoked, suspended, privileges limited or other disciplinary
action in another state or jurisdiction, including the
voluntary surrender of a license; or
(10) Has failed to
furnish the department or its legal representative information requested
by the board as part of a disciplinary action.
5-86-17. Procedure
for discipline. -- (a) When
a sworn complaint is filed with the board
charging a person with being guilty of any of the actions specified
in section 5-86-16, the
department shall immediately investigates those charges, or, the
board, after investigation, may
institute charges. The department may coordinate investigations
of alleged violations of the
accrediting organization.
(b) If the
investigation reveals reasonable grounds for believing that the licensee or
applicant for licensure is guilty of the charges, the board
shall fix a time and place for a hearing,
and shall serve a copy of the charges, together with a
notice of the time and the place fixed for the
hearing, personally upon the accused at least twenty (20)
days prior to the time fixed for the
hearing.
(c) When personal
service cannot be effected and that fact is certified
by oath by any
person authorized to make service, the board shall publish
once in each of two (2) successive
weeks, a notice of the hearing in a newspaper published in
the county where the accused last
resided according to the records of the board and shall mail
a copy of the charges and of the
notice to the accused at his or her last known address.
(d) When publication
of notice is necessary, the date of the hearing shall not be less than
twenty (20) days after the last date of publication of the
notice.
(e) At the hearing,
the accused has the right to appear personally or by counsel or both, to
produce witnesses and evidence on his or her behalf, to
cross-examine witnesses, and to have
subpoenas issued by the administrator of professional
regulation.
(f) The attendance of
witnesses and the production of books, documents, and papers at
the hearing may be compelled by subpoenas issued by the
department, which shall be served in
accordance with law.
(g) The department
shall administer oaths as necessary for the proper conduct of the
hearing.
(h) The board is not
bound by the strict rules of procedure or by the laws of evidence in
the conduct of its proceedings, but the determination
shall be based upon sufficient legal evidence
to sustain it.
(i)
If the accused is found guilty of the charges, the board may refuse to issue a
license to
the applicant, or may revoke or suspend his or her license,
or discipline that person.
(j) Upon the
revocation or suspension of any license, the license holder shall surrender
the license to the department, who shall indicate the
same in the licensure verification database.
(k) A revocation or
suspension of license may be reviewed at the discretion of the board,
or at the initiative of the department which may order a
rehearing of the issue if it finds cause.
5-86-18. Grounds
for discipline without a hearing. -- With the approval of the director,
the board may temporarily suspend the license of a
licensed applied behavior analyst, licensed
applied behavior assistant analyst or psychologist with
equivalent experience without a hearing if
the board finds that evidence in its possession indicates
that a licensed applied behavior analyst,
licensed applied behavior assistant analyst or psychologist
with equivalent experience continuing
in practice would constitute an immediate danger to the
public. In the event that the board
temporarily suspends the license of a licensed applied behavior
analyst, licensed applied behavior
assistant analyst or psychologist with equivalent experience
without a hearing by the board, a
hearing must be held within ten (10) days after the
suspension has occurred.
5-86-19. Penalty
for violations. -- (a) It
is a misdemeanor for any person, in offering his
or her services to the public, to:
(1) Use in connection
with his or her name any designation tending to imply that he or
she is a licensed applied behavior analyst, licensed
applied behavior assistant analyst, or
psychologist with equivalent experience to render services defined
as the practice of behavior
analysis, unless licensed under the provisions of this
chapter;
(2) Use in connection
with his or her name any designation tending to imply that he or
she is a licensed applied behavior analyst, licensed
applied behavior assistant analyst, or
psychologist with equivalent experience to render services defined
as the practice of behavior
analysis, during the time his or her license issued under the
provision of this chapter is suspended
or revoked; or
(3) Otherwise violate
any of the provisions of this chapter or the rules and regulations
promulgated hereunder.
(b) These
misdemeanors shall be punishable by a fine of not more than five hundred
dollars ($500) for each offense.
5-86-20. Injunction
of violations. -- When it appears to the board
that any person is
violating any of the provisions of this chapter, the director
may institute an action, commenced in
the name of the board, to enjoin that violation in a
court of competent jurisdiction. That court may
enjoin any person from violating any of the provisions of
this chapter, without regard to whether
proceedings have been or may be instituted before the board or
whether criminal proceedings
have been or may be instituted.
5-86-21. Persons
and practices exempt. -- (a) No provision of this chapter shall be
construed to prevent members of other recognized professions
that are licensed, certified, or
regulated for independent practice of that profession under the
laws of this state from rendering
services consistent with their professional training and code
of ethics and scope of practice as
defined in the relevant licensure act, provided that they do
not represent themselves to be licensed
applied behavior analysts, licensed applied behavior
assistant analysts or psychologists with
equivalent experience. Recognized members of the clergy shall
not be restricted from functioning
in their ministerial capacity, provided that they do not
represent themselves to be applied
behavior analysts, licensed applied behavior assistant
analysts or psychologists with equivalent
experience.
(b) Nothing in this
chapter shall be construed to prohibit teachers, guidance personnel,
social workers, and school psychologists in public or
private schools from full performance of
their duties, nor to prohibit the use of applied behavior
analytic techniques by business or
industrial organizations or companies for employment, placement,
evaluation, promotion, or job
adjustment of their own officers or employees.
(c) Nothing in this section
shall be construed as prohibiting the use of consultants who
are defined as qualified mental retardation professionals
under the Code of Federal Regulations
(CFR) 42, § 483.430 by facilities licensed as intermediate
care facilities for people who are
developmentally disabled by the department of behavioral healthcare,
developmental disabilities
and hospitals.
(d) Nothing in this
chapter shall be construed as permitting licensed applied behavior
analysts, licensed applied behavior assistant analysts or
psychologist with equivalent experience
to practice medicine as defined by the laws of this
state.
(e) Nothing in this
section shall be construed as permitting those persons identified in
subsections (b) and (f) of this section to offer their services
to any persons or organizations other
than those listed in subsection (f) of this section as
consultants or to accept remuneration for any
behavior analytic services other than that of their institutional
salaries or fees unless they have
been licensed under this chapter or exempted under
subsection (a) of this section.
(f) Nothing in this
section shall be construed as prohibiting those persons who are
implementing applied behavior analysis services to an immediate
family member or as a paid or
volunteer caregiver, if the individual or caregiver does not
represent himself/herself as a licensed
applied behavior analyst, licensed applied behavior assistant
analyst or psychologist with
equivalent experience.
(g) An applied
behavior analyst licensed or certified in another state, or
territory may perform applied behavior analysis services in
this state without obtaining a license
for up to ten (10) calendar days per calendar year with
no more than five (5) days of this activity
occurring consecutively. The calendar day limit shall not apply
to services as an expert witness in
a legal proceeding.
(h) Nothing in this
section shall be construed as prohibiting any person pursuing a
supervised course of study leading to a degree or certificate in
applied behavior analysis at an
accredited or approved educational program if the person is
designated by a title which clearly
indicates his or her status as a student or trainee.
(i)
Nothing in this section shall be construed as prohibiting any persons
fulfilling the
supervised fieldwork experience requirement of this section.
5-86-22. Enforcement.
-- The director shall enforce the provisions of this chapter. He or
she, or his or her authorized agents, and the board shall
be exempt from providing surety for costs
in connection with the commencement of any legal
proceedings under this chapter.
5-86-23. Rules
Governing Practices and Procedures. -- All hearings and reviews
required under the provisions of chapter 5-44 of the general
laws of
shall be held in accordance with the provisions of the
rules and regulations of the
department of health regarding practices and procedures before
the department of health and
access to public records of the department of health (R42-35-PP).
5-86-24. Appeals
from director and board. -- Any person aggrieved by any decision or
ruling of the director or the board may appeal to the
superior court in the manner provided in the
administrative procedures act, chapter 35 of title 42.
5-86-25. Applicability
of other laws. -- This chapter shall be subject
to the provisions of
chapter 2 of title 38 ("access to public records")
and chapter 46 of this title ("open meetings")
and, in addition, the members of the board shall be
subject to the provisions of chapter 14 of title
36 ("code of ethics").
5-86-26. Supervision.
– (a) A licensed applied behavior analyst
shall exercise sound
judgment and shall provide care within the scope of practice
or guidelines in the performance of
his or her duties. A licensed applied behavior analyst
shall be permitted to supervise the
following: applied behavior analysts, applied behavior
assistant analysts, applied behavior analyst
aides, care extenders, applied behavior analyst students,
and volunteers.
(b) Subject to the
requirements of this section, a licensed applied behavior assistant
analyst may practice limited applied behavior analysis only
under the supervision of a licensed
applied behavior analyst. Supervision requires, at a minimum,
that the supervising licensed
applied behavior therapist meet in person with the licensed
applied behavior assistant analyst to
provide initial direction and periodic on-site supervision.
The supervising licensed applied
behavior analyst working with the applied behavior assistant
analyst shall determine the amount
and type of supervision necessary in response to the
experience and competence of the licensed
applied behavior assistant analyst and the complexity of the
treatment program. The supervisor
and the licensed applied behavior assistant analyst shall
be jointly responsible for maintaining
records, including patient records, to document compliance
with this regulation.
(c) A licensed
applied behavior assistant analyst:
(1) May not initiate
a treatment program until the patient has been evaluated and the
treatment planned by the licensed behavior analyst;
(2) May not perform
an evaluation, but may assist in the data gathering process and
administer specific assessments where clinical competency has
been demonstrated, under the
direction of the licensed applied behavior analyst;
(3) May not analyze
or interpret evaluation data;
(4) May participate
in the screening process by collecting data and communicate the
information gathered to the licensed applied behavior analyst;
(5) Monitors the need
for reassessment and report changes in status that might warrant
reassessment or referral under the supervision of the licensed
applied behavior analyst; and
(6) Immediately
discontinues any treatment procedure, which appears harmful to the
patient and immediately notifies the supervising applied
behavior analyst.
(d) An applied
behavior analyst aide shall be a worker trained on the job. A licensed
applied behavior analyst using applied behavior analyst aide
personnel to assist with the provision
of applied behavior analysis services must provide close
supervision in order to protect the health
and welfare of the consumer.
(e) The primary
function of an applied behavior analyst aide shall be to perform
designated routine tasks related to the operation of applied
behavior analysis service.
(f) The licensed
applied behavior analyst shall not delegate to an applied behavior analyst
aide:
(1) Performance of
applied behavior analysis evaluation procedures;
(2) Initiation,
planning, adjustment, modification, or performance of applied behavior
analyst procedures requiring the skills or judgment of a
licensed applied behavior analyst;
(3) Acting on behalf
of the applied behavior analyst in any matter related to applied
behavior analysis, which requires decision making or
professional judgment.
5-86-27. Severability.
-- The provisions of this chapter are severable, and if any
provision hereof shall be held invalid in any circumstances, any
invalidity shall not affect any
other provisions or circumstances. This chapter shall be
construed in all respects so as to meet
any constitutional requirements. In carrying out the
purposes and provisions of this chapter, all
steps shall be taken which are necessary to meet
constitutional requirements.
SECTION 2. This act shall take effect upon passage.
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LC01474/SUB B
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