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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5635 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001804 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- LICENSING OF APPLIED |
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| 16 | 16 | | BEHAVIOR ANALYSTS |
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| 17 | 17 | | Introduced By: Representatives Spears, Azzinaro, Fogarty, Cotter, Caldwell, and |
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| 18 | 18 | | Donovan |
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| 19 | 19 | | Date Introduced: February 26, 2025 |
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| 20 | 20 | | Referred To: House Health & Human Services |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Sections 5-86-2, 5-86-3, 5-86-8, 5-86-9, 5-86-10, 5-86-21 and 5-86-26 of the 1 |
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| 25 | 25 | | General Laws in Chapter 5-86 entitled "Licensing of Applied Behavior Analysts" are hereby 2 |
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| 26 | 26 | | amended to read as follows: 3 |
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| 27 | 27 | | 5-86-2. Definitions. 4 |
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| 28 | 28 | | As used in this chapter, the following terms shall be construed as follows: 5 |
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| 29 | 29 | | (1) “Applied behavior analyst” means a person licensed to practice applied behavior 6 |
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| 30 | 30 | | analysis under the provisions of this chapter and the rules and regulations authorized by this 7 |
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| 31 | 31 | | chapter. 8 |
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| 32 | 32 | | (2) “Applied behavior analyst aide” means a person not licensed pursuant to the laws and 9 |
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| 33 | 33 | | rules applicable to the practice of applied behavior analysis, who works under the supervision of a 10 |
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| 34 | 34 | | licensed applied behavior analyst, who assists in the practice of applied behavior analysis and 11 |
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| 35 | 35 | | whose activities require an understanding of applied behavior analysis, but do not require 12 |
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| 36 | 36 | | professional or advanced training in the basic anatomical, psychological, and social sciences 13 |
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| 37 | 37 | | involved in the practice of applied behavior analysis. 14 |
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| 38 | 38 | | (3) “Applied behavior assistant analyst Assistant applied behavior analyst” means a person 15 |
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| 39 | 39 | | licensed who practices applied behavior analysis under the provisions of this chapter and the rules 16 |
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| 40 | 40 | | and regulations authorized by this chapter. 17 |
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| 41 | 41 | | (4) “Board” means the licensing board of applied behavior analysts within the Rhode Island 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001804 - Page 2 of 10 |
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| 45 | 45 | | department of health, established pursuant to the provisions of § 5-86-4. 1 |
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| 46 | 46 | | (5) “Department” means the Rhode Island department of health. 2 |
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| 47 | 47 | | (6) “Director” means the director of the Rhode Island department of health. 3 |
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| 48 | 48 | | (7) “Education” means the academic program pursued by the person in obtaining the 4 |
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| 49 | 49 | | bachelor’s, master’s, or doctorate degree, that the programs to include formal course work, 5 |
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| 50 | 50 | | seminars, and practica. 6 |
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| 51 | 51 | | (8) “Psychologist with equivalent experience” means a person deemed to hold equivalent 7 |
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| 52 | 52 | | licensure as an applied behavior analyst upon satisfying equivalency requirements through 8 |
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| 53 | 53 | | submission and satisfaction of written evidence of education and relevant experience to the 9 |
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| 54 | 54 | | department pursuant to § 5-86-9(c). 10 |
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| 55 | 55 | | (9) “Practice of applied behavior analysis” means the design, implementation, and 11 |
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| 56 | 56 | | evaluation of environmental modifications by a behavior analyst to produce socially significant 12 |
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| 57 | 57 | | improvements in human behavior. It includes the empirical identification of functional relations 13 |
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| 58 | 58 | | between environment and behavior, known as functional assessment and analysis. Applied 14 |
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| 59 | 59 | | behavior analysis interventions are based on scientific research and the direct observation and 15 |
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| 60 | 60 | | measurement of behavior and environment. They utilize contextual factors, establishing operations, 16 |
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| 61 | 61 | | antecedent stimuli, positive reinforcement, and other consequences to help people develop new 17 |
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| 62 | 62 | | behaviors, increase or decrease existing behaviors, and emit behaviors under specific 18 |
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| 63 | 63 | | environmental conditions. The practice of applied behavior analysis expressly excludes 19 |
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| 64 | 64 | | psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, 20 |
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| 65 | 65 | | psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. Such services are 21 |
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| 66 | 66 | | provided by a person licensed under this chapter only when applied behavior analysis services are 22 |
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| 67 | 67 | | prescribed by a child psychiatrist, a behavioral developmental pediatrician, a child neurologist, or 23 |
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| 68 | 68 | | a licensed psychologist with training in child psychology pursuant to § 27-20.11-4. 24 |
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| 69 | 69 | | (10) “Supervised experience” means the practical application of principles, methods, and 25 |
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| 70 | 70 | | procedures of the science of applied behavioral analysis in accordance with the requirements of § 26 |
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| 71 | 71 | | 5-86-9. 27 |
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| 72 | 72 | | (11) “Supervision” means that a licensed applied behavior analyst is at all times responsible 28 |
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| 73 | 73 | | for supportive personnel and clients. 29 |
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| 74 | 74 | | (12) “These regulations” mean all parts of Rhode Island rules and regulations for licensing 30 |
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| 75 | 75 | | applied behavior analysts, applied behavior assistant analysts assistant applied behavior analysts, 31 |
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| 76 | 76 | | and psychologists with equivalent experience. 32 |
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| 77 | 77 | | (13) “Training” means the pre-professional or professional-supervised experience received 33 |
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| 78 | 78 | | by the person at the pre or post-doctoral level, that experience to have been obtained in an 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001804 - Page 3 of 10 |
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| 82 | 82 | | internship, clinic, or other similar professional setting. 1 |
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| 83 | 83 | | 5-86-3. Licensing. 2 |
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| 84 | 84 | | (a) Any individual licensed under this chapter may use the title “licensed applied behavior 3 |
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| 85 | 85 | | analyst” and the abbreviation “LBA” or the title “licensed applied behavior assistant analyst 4 |
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| 86 | 86 | | assistant applied behavior analyst” and the abbreviation “LABA,” or the title “psychologist with 5 |
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| 87 | 87 | | equivalent experience,” provided that the title and abbreviation correspond to the license held 6 |
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| 88 | 88 | | pursuant to this chapter. 7 |
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| 89 | 89 | | (b) It is unlawful for any person to represent herself or himself as a licensed applied 8 |
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| 90 | 90 | | behavior analyst, LBA, licensed applied behavior assistant analyst assistant applied behavior 9 |
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| 91 | 91 | | analyst, LABA, or psychologist with equivalent experience, unless he or she is licensed as a 10 |
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| 92 | 92 | | licensed applied behavior analyst or licensed applied behavior assistant analyst assistant applied 11 |
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| 93 | 93 | | behavior analyst or licensed as a psychologist with equivalent experience pursuant to the provisions 12 |
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| 94 | 94 | | of this chapter. 13 |
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| 95 | 95 | | (c) A licensed applied behavior analyst, licensed applied behavior assistant analyst 14 |
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| 96 | 96 | | assistant applied behavior analyst, or psychologist with equivalent experience, is not required to be 15 |
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| 97 | 97 | | an employee of a prescribing profession or organization, and may work for a public or private 16 |
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| 98 | 98 | | agency or in private practice in accordance with the requirements of § 5-86-9. 17 |
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| 99 | 99 | | (d) Licensed applied behavior analysts, licensed applied behavior assistant analysts 18 |
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| 100 | 100 | | assistant applied behavior analysts, and psychologists with equivalent experience are responsible 19 |
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| 101 | 101 | | for following all applicable federal and state laws and regulations regarding the confidentiality of 20 |
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| 102 | 102 | | medical records. 21 |
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| 103 | 103 | | 5-86-8. Register of applied behavior analysts — Licensing records — Issuance of 22 |
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| 104 | 104 | | licenses. 23 |
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| 105 | 105 | | The department shall maintain a register of all licensed applied behavior analysts, licensed 24 |
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| 106 | 106 | | applied behavior assistant analysts assistant applied behavior analysts, and psychologists with 25 |
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| 107 | 107 | | equivalent experience under this chapter which shall be open at all reasonable times to public 26 |
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| 108 | 108 | | inspection and updated regularly. The department shall be the custodian of all records pertaining to 27 |
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| 109 | 109 | | the licensing of applied behavior analysts, applied behavior assistant analysts assistant applied 28 |
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| 110 | 110 | | behavior analysts, and psychologists with equivalent experience. 29 |
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| 111 | 111 | | 5-86-9. Qualifications and examinations for licensing. 30 |
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| 112 | 112 | | (a) An applicant for licensure as a licensed applied behavior analyst shall submit to the 31 |
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| 113 | 113 | | board written evidence on forms furnished by the department that the applicant: 32 |
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| 114 | 114 | | (1) Is of good moral character; 33 |
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| 115 | 115 | | (2) Has obtained a graduate degree in applied behavior analysis or a related field, as 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001804 - Page 4 of 10 |
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| 119 | 119 | | approved by the board, from a college or university accredited by the New England Association of 1 |
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| 120 | 120 | | Schools and Colleges, or an equivalent regional accrediting agency, and that has the approval by a 2 |
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| 121 | 121 | | national or regional certifying authority, including, but not limited to, the applied behavior analyst 3 |
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| 122 | 122 | | licensing board; 4 |
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| 123 | 123 | | (3) Has successfully completed the amount of coursework in applied behavior analysis 5 |
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| 124 | 124 | | acceptable to the board; 6 |
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| 125 | 125 | | (4) Has appropriate supervised experience that aligns with the behavior analyst certification 7 |
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| 126 | 126 | | boards (BACB) supervision requirements to include either: (i) One year, including one thousand 8 |
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| 127 | 127 | | five hundred (1,500) hours of supervised independent fieldwork in applied behavior analysis. The 9 |
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| 128 | 128 | | distribution of supervised independent fieldwork hours must be at least ten (10) hours per week, 10 |
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| 129 | 129 | | but not more than thirty (30) hours per week, for a minimum of three (3) weeks per month; (ii) One 11 |
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| 130 | 130 | | thousand (1,000) hours of practicum in behavior analysis within a university experience program 12 |
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| 131 | 131 | | approved by the national or regional certifying authority. The distribution of practicum hours must 13 |
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| 132 | 132 | | be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a 14 |
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| 133 | 133 | | minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750) hours of intensive 15 |
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| 134 | 134 | | practicum in behavior analysis within a university experience program approved by the national or 16 |
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| 135 | 135 | | regional certifying authority. The distribution of intensive practicum hours must be at least ten (10) 17 |
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| 136 | 136 | | hours per week, but not more than twenty-five (25) hours per week, for a minimum of three (3) 18 |
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| 137 | 137 | | weeks per month; 19 |
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| 138 | 138 | | (5) Has passed the relevant examination administered by an appropriate nationally 20 |
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| 139 | 139 | | recognized accrediting organization as approved by the department of health for this function 21 |
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| 140 | 140 | | behavior certification behavior analyst (BCBA) examination administered by the behavior analyst 22 |
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| 141 | 141 | | certification board (BACB); 23 |
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| 142 | 142 | | (6) Has maintained active status and fulfilled all relevant requirements for renewal and 24 |
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| 143 | 143 | | relicensing with the nationally recognized and accredited organization(s) as approved by the 25 |
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| 144 | 144 | | department of health licensing behavior analyst certification board; 26 |
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| 145 | 145 | | (7) Conducts his or her professional activities in accordance with accepted standards for 27 |
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| 146 | 146 | | responsible professional conduct, as approved by the Rhode Island applied behavior analyst 28 |
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| 147 | 147 | | licensing board the ethical guidelines and standards outlined by the behavior analyst certification 29 |
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| 148 | 148 | | board (BACB); and 30 |
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| 149 | 149 | | (8) Meets the criteria as established in § 5-86-12. 31 |
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| 150 | 150 | | (b) An applicant for licensure as a licensed applied behavior assistant analyst assistant 32 |
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| 151 | 151 | | applied behavior analyst shall submit to the board written evidence on forms furnished by the 33 |
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| 152 | 152 | | department that the applicant: 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001804 - Page 5 of 10 |
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| 156 | 156 | | (1) Is of good moral character; 1 |
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| 157 | 157 | | (2) Has obtained a bachelor’s degree in behavior analysis or a related field, as approved by 2 |
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| 158 | 158 | | the board, from a college or university accredited by the New England Association of Schools and 3 |
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| 159 | 159 | | Colleges, or an equivalent regional accrediting agency, and that has the approval by a national or 4 |
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| 160 | 160 | | regional certifying authority, including, but not limited to, the applied behavior analyst licensing 5 |
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| 161 | 161 | | board; 6 |
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| 162 | 162 | | (3) Has successfully completed the amount of coursework in applied behavior analysis 7 |
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| 163 | 163 | | acceptable to the board; 8 |
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| 164 | 164 | | (4) Has appropriate supervised experience to include either: (i) One thousand (1,000) hours 9 |
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| 165 | 165 | | of supervised independent fieldwork in applied behavior analysis. The distribution of supervised 10 |
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| 166 | 166 | | independent fieldwork hours must be at least ten (10) hours per week, but not more than thirty (30) 11 |
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| 167 | 167 | | hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred seventy (670) hours 12 |
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| 168 | 168 | | of practicum in behavior analysis within a university experience program approved by the national 13 |
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| 169 | 169 | | or regional certifying board. The distribution of practicum hours must be at least ten (10) hours per 14 |
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| 170 | 170 | | week, but not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per 15 |
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| 171 | 171 | | month; or (iii) Five hundred (500) hours of intensive practicum in behavior analysis within a 16 |
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| 172 | 172 | | university experience program approved by the national or regional certifying board. The 17 |
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| 173 | 173 | | distribution of intensive practicum hours must be at least ten (10) hours per week, but not more 18 |
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| 174 | 174 | | than twenty-five (25) hours per week, for a minimum of three (3) weeks per month; 19 |
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| 175 | 175 | | (5) Is supervised by a licensed applied behavior analyst in a manner consistent with the 20 |
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| 176 | 176 | | board’s requirements for supervision of licensed applied behavior assistant analysts assistant 21 |
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| 177 | 177 | | applied behavior analysts; 22 |
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| 178 | 178 | | (6) Has passed the examination administered by an appropriate nationally recognized 23 |
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| 179 | 179 | | accrediting organization as approved by department of health licensing for this function; 24 |
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| 180 | 180 | | (7) Has maintained active status and fulfilled all relevant requirements for renewal and 25 |
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| 181 | 181 | | relicensing with the nationally recognized and accredited organization(s) as approved by the 26 |
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| 182 | 182 | | department of health licensing; 27 |
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| 183 | 183 | | (8) Conducts his or her professional activities in accordance with accepted standards for 28 |
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| 184 | 184 | | responsible professional conduct, as required by the Rhode Island applied behavior analyst 29 |
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| 185 | 185 | | licensure board; and 30 |
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| 186 | 186 | | (9) Meets the criteria as established in § 5-86-11. 31 |
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| 187 | 187 | | (c) An applicant shall be judged to hold the equivalent requirement of a licensure as an 32 |
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| 188 | 188 | | applied behavior analyst upon submission to the board, written evidence on forms furnished by the 33 |
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| 189 | 189 | | department if the following equivalency requirements are met to the satisfaction of the licensing 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001804 - Page 6 of 10 |
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| 193 | 193 | | board: 1 |
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| 194 | 194 | | (1) Has received a doctoral degree in psychology from a college or university accredited 2 |
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| 195 | 195 | | by the New England Association of Schools and Colleges, or an equivalent regional accrediting 3 |
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| 196 | 196 | | agency, and that has the approval by a national or regional certifying authority; 4 |
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| 197 | 197 | | (2) Is individually licensed by the department of health as a psychologist subject to chapter 5 |
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| 198 | 198 | | 44 of this title; 6 |
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| 199 | 199 | | (3) Is of good moral character; 7 |
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| 200 | 200 | | (4) Has completed coursework in applied behavior analysis supervised by the department 8 |
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| 201 | 201 | | within the college or university granting the requisite degree or by an accredited postgraduate 9 |
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| 202 | 202 | | clinical training program recognized by the United States Department of Education, or education 10 |
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| 203 | 203 | | and/or experience that is deemed equivalent by the board; 11 |
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| 204 | 204 | | (5) Has completed one thousand five hundred (1,500) hours of direct client contact offering 12 |
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| 205 | 205 | | applied behavior analysis services subsequent to being awarded a doctoral degree in psychology; 13 |
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| 206 | 206 | | (6) Conducts his or her professional activities in accordance with accepted standards for 14 |
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| 207 | 207 | | responsible professional conduct, as required by the Rhode Island applied behavior analyst 15 |
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| 208 | 208 | | licensure board; and 16 |
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| 209 | 209 | | (7) Meets the criteria as established in § 5-86-12. 17 |
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| 210 | 210 | | 5-86-10. Licensure. 18 |
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| 211 | 211 | | A license under this chapter may be issued to: 19 |
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| 212 | 212 | | (1) An any applicant who meets the requirements for licensure as approved by the 20 |
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| 213 | 213 | | department of health and licensed as a licensed applied behavior analyst, licensed applied behavior 21 |
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| 214 | 214 | | assistant analyst assistant applied behavior analyst, or psychologist with equivalent experience as 22 |
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| 215 | 215 | | stated in this chapter; and 23 |
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| 216 | 216 | | (2) An applicant who has been certified by an appropriate nationally recognized and 24 |
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| 217 | 217 | | accredited organization, as approved by the department of health, licensing and licensed as a 25 |
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| 218 | 218 | | licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with 26 |
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| 219 | 219 | | equivalent experience under the laws of another state, United States territory, or foreign country 27 |
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| 220 | 220 | | where the board determines that the requirements are substantially equivalent to those of this state. 28 |
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| 221 | 221 | | 5-86-21. Persons and practices exempt. 29 |
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| 222 | 222 | | (a) No provision of this chapter shall be construed to prevent members of other recognized 30 |
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| 223 | 223 | | professions who are licensed, certified, or regulated for independent practice of that profession 31 |
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| 224 | 224 | | under the laws of this state from rendering services consistent with their professional training and 32 |
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| 225 | 225 | | code of ethics and scope of practice as defined in the relevant licensure act, provided that they do 33 |
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| 226 | 226 | | not represent themselves to be licensed applied behavior analysts, licensed applied behavior 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC001804 - Page 7 of 10 |
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| 230 | 230 | | assistant analysts assistant applied behavior analysts, or psychologists with equivalent experience. 1 |
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| 231 | 231 | | Recognized members of the clergy shall not be restricted from functioning in their ministerial 2 |
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| 232 | 232 | | capacity, provided that they do not represent themselves to be applied behavior analysts, licensed 3 |
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| 233 | 233 | | applied behavior assistant analysts assistant applied behavior analysts, or psychologists with 4 |
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| 234 | 234 | | equivalent experience. 5 |
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| 235 | 235 | | (b) Nothing in this chapter shall be construed to prohibit teachers, guidance personnel, 6 |
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| 236 | 236 | | social workers, and school psychologists in public or private schools from full performance of their 7 |
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| 237 | 237 | | duties, nor to prohibit the use of applied behavior analytic techniques by business or industrial 8 |
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| 238 | 238 | | organizations or companies for employment, placement, evaluation, promotion, or job adjustment 9 |
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| 239 | 239 | | of their own officers or employees. 10 |
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| 240 | 240 | | (c) Nothing in this section shall be construed as prohibiting the use of consultants who are 11 |
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| 241 | 241 | | defined as qualified intellectual disability professionals under the Code of Federal Regulations 12 |
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| 242 | 242 | | (C.F.R.) 42 C.F.R. § 483.430 by facilities licensed as intermediate-care facilities for people who 13 |
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| 243 | 243 | | are developmentally disabled by the department of behavioral healthcare, developmental 14 |
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| 244 | 244 | | disabilities and hospitals. 15 |
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| 245 | 245 | | (d) Nothing in this chapter shall be construed as permitting licensed applied behavior 16 |
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| 246 | 246 | | analysts, licensed applied behavior assistant analysts assistant applied behavior analysts, or 17 |
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| 247 | 247 | | psychologists with equivalent experience to practice medicine as defined by the laws of this state. 18 |
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| 248 | 248 | | (e) Nothing in this section shall be construed as permitting those persons identified in 19 |
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| 249 | 249 | | subsections (b) and (f) of this section to offer their services to any persons or organizations other 20 |
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| 250 | 250 | | than those listed in subsection (f) of this section as consultants or to accept remuneration for any 21 |
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| 251 | 251 | | behavior analytic services other than that of their institutional salaries or fees unless they have been 22 |
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| 252 | 252 | | licensed under this chapter or exempted under subsection (a) of this section. 23 |
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| 253 | 253 | | (f) Nothing in this section shall be construed as prohibiting those persons who are 24 |
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| 254 | 254 | | implementing applied behavior analysis services to an immediate family member or as a paid or 25 |
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| 255 | 255 | | volunteer caregiver, if the individual or caregiver does not represent himself or herself as a licensed 26 |
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| 256 | 256 | | applied behavior analyst, licensed applied behavior assistant analyst assistant applied behavior 27 |
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| 257 | 257 | | analyst, or psychologist with equivalent experience. 28 |
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| 258 | 258 | | (g) An applied behavior analyst licensed or certified in another state or United States 29 |
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| 259 | 259 | | territory may perform applied behavior analysis services in this state without obtaining a license 30 |
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| 260 | 260 | | for up to ten (10) calendar days per calendar year with no more than five (5) days of this activity 31 |
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| 261 | 261 | | occurring consecutively. The calendar day limit shall not apply to services as an expert witness in 32 |
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| 262 | 262 | | a legal proceeding. 33 |
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| 263 | 263 | | (h) Nothing in this section shall be construed as prohibiting any person pursuing a 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC001804 - Page 8 of 10 |
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| 267 | 267 | | supervised course of study leading to a degree or certificate in applied behavior analysis at an 1 |
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| 268 | 268 | | accredited or approved educational program if the person is designated by a title that clearly 2 |
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| 269 | 269 | | indicates his or her status as a student or trainee. 3 |
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| 270 | 270 | | (i) Nothing in this section shall be construed as prohibiting any persons fulfilling the 4 |
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| 271 | 271 | | supervised fieldwork experience requirement of this section. 5 |
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| 272 | 272 | | 5-86-26. Supervision. 6 |
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| 273 | 273 | | (a) A licensed applied behavior analyst shall exercise sound judgment and shall provide 7 |
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| 274 | 274 | | care within the scope of practice or guidelines in the performance of his or her duties. A licensed 8 |
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| 275 | 275 | | applied behavior analyst shall be permitted to supervise the following: applied behavior analysts, 9 |
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| 276 | 276 | | applied behavior assistant analysts assistant applied behavior analysts, applied behavior analyst 10 |
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| 277 | 277 | | aides, care extenders, applied behavior analyst students, and volunteers. 11 |
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| 278 | 278 | | (b) Subject to the requirements of this section, a licensed applied behavior assistant analyst 12 |
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| 279 | 279 | | assistant applied behavior analyst may practice limited applied behavior analysis only under the 13 |
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| 280 | 280 | | supervision of a licensed applied behavior analyst. Supervision requires, at a minimum, that the 14 |
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| 281 | 281 | | supervising licensed applied behavior therapist meet in person with the licensed applied behavior 15 |
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| 282 | 282 | | assistant analyst assistant applied behavior analyst to provide initial direction and periodic on-site 16 |
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| 283 | 283 | | supervision. The supervising licensed applied behavior analyst working with the applied behavior 17 |
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| 284 | 284 | | assistant analyst assistant applied behavior analyst shall determine the amount and type of 18 |
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| 285 | 285 | | supervision necessary in response to the experience and competence of the licensed applied 19 |
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| 286 | 286 | | behavior assistant analyst assistant applied behavior analyst and the complexity of the treatment 20 |
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| 287 | 287 | | program. The supervisor and the licensed applied behavior assistant analyst assistant applied 21 |
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| 288 | 288 | | behavior analyst shall be jointly responsible for maintaining records, including patient records, to 22 |
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| 289 | 289 | | document compliance with this regulation. 23 |
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| 290 | 290 | | (c) A licensed applied behavior assistant analyst assistant applied behavior analyst: 24 |
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| 291 | 291 | | (1) May not initiate a treatment program until the patient has been evaluated and the 25 |
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| 292 | 292 | | treatment planned by the licensed behavior analyst; 26 |
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| 293 | 293 | | (2) May not perform an evaluation, but may assist in the data-gathering process and 27 |
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| 294 | 294 | | administer specific assessments where clinical competency has been demonstrated, under the 28 |
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| 295 | 295 | | direction of the licensed applied behavior analyst; 29 |
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| 296 | 296 | | (3) May not analyze or interpret evaluation data; 30 |
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| 297 | 297 | | (4) May participate in the screening process by collecting data and communicate the 31 |
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| 298 | 298 | | information gathered to the licensed applied behavior analyst; 32 |
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| 299 | 299 | | (5) Monitors the need for reassessment and reports changes in status that might warrant 33 |
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| 300 | 300 | | reassessment or referral under the supervision of the licensed applied behavior analyst; and 34 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | LC001804 - Page 9 of 10 |
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| 304 | 304 | | (6) Immediately discontinues any treatment procedure, which appears harmful to the 1 |
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| 305 | 305 | | patient and immediately notifies the supervising applied behavior analyst. 2 |
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| 306 | 306 | | (d) An applied behavior analyst aide shall be a worker trained on the job. A licensed applied 3 |
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| 307 | 307 | | behavior analyst using applied behavior analyst aide personnel to assist with the provision of 4 |
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| 308 | 308 | | applied behavior analysis services must provide close supervision in order to protect the health and 5 |
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| 309 | 309 | | welfare of the consumer. 6 |
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| 310 | 310 | | (e) The primary function of an applied behavior analyst aide shall be to perform designated 7 |
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| 311 | 311 | | routine tasks related to the operation of applied behavior analysis service. 8 |
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| 312 | 312 | | (f) The licensed applied behavior analyst shall not delegate to an applied behavior analyst 9 |
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| 313 | 313 | | aide: 10 |
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| 314 | 314 | | (1) Performance of applied behavior analysis evaluation procedures; 11 |
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| 315 | 315 | | (2) Initiation, planning, adjustment, modification, or performance of applied behavior 12 |
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| 316 | 316 | | analyst procedures requiring the skills or judgment of a licensed applied behavior analyst; 13 |
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| 317 | 317 | | (3) Acting on behalf of the applied behavior analyst in any matter related to applied 14 |
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| 318 | 318 | | behavior analysis, that requires decision making or professional judgment. 15 |
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| 319 | 319 | | SECTION 2. This act shall take effect upon passage. 16 |
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| 320 | 320 | | ======== |
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| 321 | 321 | | LC001804 |
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| 322 | 322 | | ======== |
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| 323 | 323 | | |
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| 324 | 324 | | |
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| 325 | 325 | | LC001804 - Page 10 of 10 |
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| 326 | 326 | | EXPLANATION |
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| 327 | 327 | | BY THE LEGISLATIVE COUNCIL |
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| 328 | 328 | | OF |
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| 329 | 329 | | A N A C T |
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| 330 | 330 | | RELATING TO BUSINESSES AND PROFESSIONS -- LICENSING OF APPLIED |
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| 331 | 331 | | BEHAVIOR ANALYSTS |
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| 332 | 332 | | *** |
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| 333 | 333 | | This act would change the name of "applied behavior assistant analyst" to "assistant applied 1 |
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| 334 | 334 | | behavior analyst" and makes several changes to provide consistency in the certification language 2 |
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| 335 | 335 | | for behavioral analysts. 3 |
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| 336 | 336 | | This act would take effect upon passage. 4 |
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| 337 | 337 | | ======== |
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| 338 | 338 | | LC001804 |
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| 339 | 339 | | ======== |
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