DAR File No. 39772

Commerce, Occupational and Professional Licensing

Rule R156-61a

Behavior Analyst Licensing Act Rule

Notice of Proposed Rule

(New Rule)

DAR File No.: 39772
Filed: 09/28/2015 01:52:45 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2015 General Legislative Session, S.B. 246 passed and amended Title 58, Chapter 61, the Psychologist Licensing Act, to establish a license for applied behavior analyst and an assistant behavior analyst and a registration for a behavior specialist and an assistant behavior specialist. The division and the Psychologist Licensing Board have reviewed this new rule and the purpose of this rule filing is to create this rule in order to add further clarification to the new requirements by defining terms, establishing qualifications for licensure, and establishing unprofessional conduct standards.

Summary of the rule or change:

Section R156-61a-701 is a new section which creates a new rule title. Section R156-61a-702 is a new section which defines profession-related terms. Section R156-61a-704 is a new section which establishes renewal procedures. Section R156-61a-705 is a new section which establishes the examination requirements to become licensed as an applied behavior analyst and an assistant behavior analyst. Section R156-61a-705a is a new section which clarifies equivalent degree requirements for licensure as a licensed behavior analyst. Section R156-61a-710 is a new section which adds unprofessional conduct standards.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-61-101
• Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

• Adds Professional and Ethical Compliance Code for Behavior Analysts, published by Behavior Analyst Certification Board, January 1, 2016

Anticipated cost or savings to:

the state budget:

The division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the division's current budget. Other than printing and distribution costs, this rule filing will not have any impact beyond the impact considered from the statutory changes made through S.B. 246 (2015) on the state budget.

local governments:

S.B. 246 (2015) requires governmental agencies providing autism services to use licensed or registered providers. In order to qualify for licensure or registration, providers will be required to meet the requirements specified by this new licensing act and this rule filing. This rule filing will not have any impact beyond the impact considered from the statutory changes made through S.B. 246 (2015) on local governments.

small businesses:

S.B. 246 (2015) requires small businesses providing autism services to use licensed or registered providers. In order to qualify for licensure or registration, providers will be required to meet the requirements specified by this new licensing act and this rule filing. This rule filing will not have any impact beyond the impact considered from the statutory changes made through S.B. 246 (2015) on small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule filing will not have any impact beyond the impact considered from the statutory changes made through S.B. 246 (2015) on other persons.

Compliance costs for affected persons:

The proposed amendments apply only to applicants for licensure as an applied behavior analyst or assistant behavior analyst and applicants for registration as a behavior specialist or assistant behavior specialist. This rule filing will not have any impact beyond the impact considered from the statutory changes made through S.B. 246 (2015) on affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule analysis, this filing responds to legislative action (S.B. 246, 2015), which required a licensing process for behavior analysts and behavior specialists who provide autism services. No fiscal impact to businesses is anticipated beyond that considered by the legislature in determining to require licensure.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/16/2015

Interested persons may attend a public hearing regarding this rule:

• 10/20/2015 08:30 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

11/23/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-61a. Behavior Analyst Licensing Act Rule.

R156-61a-701. Title.

This rule is known as the "Behavior Analyst Licensing Act Rule."

 

R156-61a-702. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 61, as used in this rule:

(1) "BACB" means Behavior Analyst Certification Board.

(2) "BCaBA" means Board Certified Assistant Behavior Analyst.

(3) "BCBA" means Board Certified Behavior Analyst.

(4)(a) "Experiential behavior analyst training" means:

(i) practical training experience providing behavior analysis services, including completing assessments, developing programs, implementing programs, training on programs, and ongoing monitoring of programs under supervision of a licensed behavior analyst; and

(ii) participating in at least one supervisory session every two weeks for no less than 5% of the total hours spent completing supervised hours.

(b) "Experiential behavior analyst training does not mean:

(i) attending meetings with little or no behavior-analytic content;

(ii) providing interventions that are not based in behavior analysis;

(iii) performing non-behavioral administrative activities;

(iv) completed non-behavioral assessments (e.g., diagnostic assessments, intellectual assessments); or

(v) completing paperwork, documentation, billing or any other activities that are not directly related to behavior analysis.

(5) "LaBA" means Licensed Assistant Behavior Analyst.

(6) "LBA" means Licensed Behavior Analyst.

(7) "Qualified supervisor" means a:

(a) LBA or psychologist who is licensed in good standing with the Division and has completed the supervision and experience training module administered by the BACB, who is supervision a LaBA or supervisee working towards obtaining the required experience to become licensed; or

(b) RBS, LBA or psychologist who is in good standing with the Division who is supervising a RaBS.

(8) "RaBS" means Registered Assistant Behavior Specialist.

(9) "RBS" means Registered Behavior Specialist.

(10) "Supervision contract" means a written contract between the qualified supervisor or a LaBA, RaBS, or a supervisee working towards obtaining the required experience to become licensed that includes at a minimum the following:

(a) the responsibilities of the supervisor and supervisee;

(b) a description of the appropriate activities and instructional objectives;

(c) the objective and measurable circumstances under which the supervisor will sign the supervision form;

(d) the consequences should the parties not adhere to their responsibilities, including proper termination of the contract; and

(e) an attestation that both parties will adhere to the Professional and Ethical Compliance Code for Behavior Analysts issued by the BACB.

(11) "Supervision form" means a form to document ongoing supervision that includes at a minimum the following:

(a) the date of each supervisory meeting;

(b) the duration of each supervisory meeting;

(c) the format of meeting (i.e. individual or small group);

(d) an evaluation of supervisee performance; and

(e) signature and date lines for supervisor and supervisee indicating when the form was completed and signed.

 

R156-61a-704. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 61 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-61a-705. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsection 58-61-705(1)(f), an applicant for licensure as a LBA shall pass the BCBA Examination developed by the BACB.

(2) In accordance with Subsection 58-61-705(2)(f), an applicant for licensure as a LaBA shall pass the Board Certified Assistant Behavior Analyst Examination developed by the BACB.

(3) The passing score for each exam is 76%.

 

R156-61a-705a. Qualifications for Licensure as a LBA - Equivalent Master or Doctorate Degree.

(1) In accordance with Subsection 58-61-705(1)(d), an equivalent master or doctorate degree is a master or doctorate degree from an accredited university that:

(a) is in one of the following educational fields:

(i) education;

(ii) human services;

(iii) engineering;

(iv) medicine; or

(v) a field related to behavior analysis; and

(2) includes coursework in behavior analysis as approved and verified by the BACB.

 

R156-61a-710. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing to meet the requirements of Subsection R156-61a-702(7) while acting as a qualified supervisor;

(2) accepting supervision from an individual who does not meet the requirements of Subsection R156-61a-702(7);

(3) acting as a qualified supervisor of a LaBA, RaBS, or supervisee working towards obtaining the required experience to become licensed without first entering into a supervision contract as defined in Subsection R156-61a-702(10);

(4) accepting supervision from a qualified supervisor without first entering into a supervision contract as defined in Subsection R156-61a-702(10);

(5) acting as a qualified supervisor and failing to maintain supervision forms as defined in Subsection R156-61a-702(11); and

(6) failing to abide by the provisions of the Professional and Ethical Compliance Code for Behavior Analysts, issued by the BACB, effective January 1, 2016, which is adopted and incorporated by reference.

 

KEY: licensing, behavior analyst, behavior specialist

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-61-101