Behavior Analyst Board Publishes Two New Rules Notices, Comments Due Noon July 10

Article archive / July 1, 2014

Originally published: . Volume 5, No. 11. Source pages: 6, 18.

The Behavior Analyst Board has published two proposed Rules in this months Louisiana Register. One has to do with license renewals. The other has to do with supervision of assistant behavioral analysts.

Both sets of notices have a deadline for comments from the public by noon on July 10. Interested persons may submit written comments to Kelly Parker, Executive Director, 8706 Jefferson Highway, Suite B, Baton Rouge, LA 70809.

In the first notice, the proposed rules note, “A licensed behavior analyst shall renew their current license every year by December 31 beginning in December 2014. The renewal period shall open in October and will close December 31 annually. The licensed behavior analyst must submit the required renewal forms, renewal fee and proof of fulfillment of all continuing education requirements as approved by the board.”

“A state certified assistant behavior analyst shall renew their current license every year by December 31 beginning in December 2014. The renewal period shall open in October and will close December 31 annually. The state certified assistant behavior analyst must submit the required renewal forms, renewal fee and proof of fulfillment of all continuing education requirements as approved by the board.

“A licensed behavior analyst shall renew the registration of all registered line

technicians under their supervision every year by December 31 beginning December 2014. The renewal period shall open in October and will close December 31 annually. The licensed behavior analyst in conjunction with the registered line technicians must complete the proper renewal forms accompanied with the renewal fee as determined by the board.

“The board may grant requests for renewal extensions or exemptions on a case-by-case basis,” notes the rule.

The proposed new rules for Supervision of Behavior Analysts (LAC 46:VIII.Chapter 5) establishe the requirements for supervision of state certified assistant behavior analysts. This Rule outlines the supervising licensed behavior analysts responsibilities and those of the state certified assistant behavior analyst. Below are excerpts of the proposed Rule.

A. A state certified assistant behavior analyst [hereinafter referred to as "SCABA"] shall assist a licensed behavior analyst [hereinafter referred to as "LBA"] in the delivery of applied behavior analysis in compliance with all state and federal statutes, regulations, and Rules. B. The SCABA may only perform services under the direct supervision of a LBA as set forth in this Rule. C. Supervision shall be an interactive process between the LBA and SCABA. It shall be more than peer review or co-signature. D. There shall be a written supervisory agreement between the LBA and the SCABA that shall address: 1. the domains of competency within which services may be provided by the SCABA; and 2. the nature and frequency of the supervision of the practice of the LBA by the LBA. E. A copy of the written supervisory agreement must be maintained by the LBA and the SCABA and made available to the board upon request.

A. The manner of supervision shall depend on the treatment setting, patient/client caseload, and the competency of the SCABA. At a minimum, for full-time SCABAS, working at least 30 hours per week, a face-to-face supervisory meeting shall occur not less than once every four weeks, with each supervisory session lasting no less than one hour for full-time SCABAS. The qualifying supervision activities may include: 1. Direct, real-time observation of the SCABA implementing behavior analytic assessment and intervention procedures with clients in natural environments and/or training others to implement them, with feedback from the supervising LBA. 2. One-to-one real-time interactions between the supervising LBA and the SCABA to review and discuss assessment procedures, assessment outcomes, possible intervention procedures and materials, data collection procedures, intervention outcome data, modifications of intervention procedures, published research, ethical and professional standards and guidelines, professional development needs and opportunities, and relevant laws, regulations, and policies. B. More frequent supervisory activities may be necessary as determined by the LBA or SCABA dependent on the level of expertise displayed by the SCABA, the practice setting, and/or the complexity of the patient/client caseload. These additional supervisory activities, however, do not qualify towards the once per month requirements. The non-qualifying additional supervision activities may include, but are not limited to: 1. real-time interactions between a supervising LBA and a group of SCABAS to review and discuss assessment and treatment plans and procedures, client assessment and progress data and reports, published research, ethical and professional standards and guidelines, professional development needs and opportunities, and relevant laws, regulations, and policies; 2. informal interactions between supervising LBAs and SCABAs via telephone, electronic mail, and other written communication. C. Supervision requirements for part-time practice, less than 30 hours per week, may be modified at the discretion of the board upon approval of the submitted plan. Additional modifications of the format, frequency, or duration of supervision may be submitted for approval by the board.

A. Qualifying supervision shall ensure that the quality of the services provided by the SCABA to his employer and to consumers is in accordance with accepted standards, including the Guidelines for Responsible Conduct for Behavior Analysts and Professional Disciplinary and Ethical Standards for the Behavior Analyst Certification Board or other nation credentialing bodies as approved by the board. B. Qualifying supervision shall guide the professional development of the SCABA in ways that improve the practitioner's knowledge and skills. C. The LBA or the supervisor's alternate LBA designee must be available for immediate consultation with the assistant behavior analyst. The supervisor need not be physically present or on the premises at all times. D. The LBA is ultimately responsible and accountable for client care and outcomes under his clinical supervision. The supervising LBA shall: 1. be licensed by the board as a LBA; 2. not be under restriction or discipline from any licensing board or jurisdiction; 3. not have more than 10 full-time-equivalent SCABAs under his/her supervision at one time without prior approval by the board; 4. provide at least one hour of face-to- face, direct supervision per month per each SCABA. 5. be responsible for all referrals of the patient/client.

The complete proposed Rule is available in the June La Register.


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