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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 340. Department of Human Services |
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Chapter 100. Developmental Disabilities Services |
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Subchapter 18. Licensing |
SECTION 340:100-18-1. Board Certified Behavior Analyst (BCBA) license and Board Certified Assistant Behavior Analyst (BCaBA) certification
Latest version.
- (a) Authority. Section 1928 of Title 59 of the Oklahoma Statutes (59 O.S. § 1928) directs the Oklahoma Department of Human Services (DHS) Developmental Disabilities Services (DDS) to provide for licensing of (BCBAs) and certification of BCaBAs.(b) Definitions. The following words and terms, when used in this Subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) "Applied behavior analysis" means the process of systematically applying interventions based upon the principles of learning theory to improve socially significant behaviors to a meaningful degree, and to demonstrate that the interventions employed are responsible for the improvement in behavior.(2) "Behavior Analyst Certification Board (national Board)" means the national-accrediting Behavior Analyst Certification Board.(3) "Board Certified Assistant Behavior Analyst (BCaBA)" means an individual who is certified by the national Board, practices under the close, ongoing supervision of a BCBA and is certified by DHS DDS to provide applied behavior analysis services in Oklahoma.(4) "Board Certified Behavior Analyst (BCBA)" means an individual who is certified by the national Board and is licensed by DHS DDS to provide applied behavior analysis services in Oklahoma.(5) "Employee-employer relationship" means the BCBA employs the BCaBA or the registered behavior technician (RBT).(6) "Human services professional" means an individual licensed or certified in Oklahoma as a licensed:(A) physical therapist or physical therapist assistant;(B) occupational therapist or occupational therapist assistant;(C) clinical social worker;(D) masters social worker;(E) social work associate;(F) psychologist or health service psychologist;(G) speech pathologist;(H) audiologist;(I) professional counselor or professional counselor candidate;(J) marital and family therapist or marital and family therapist candidate; or(K) behavioral practitioner or behavioral practitioner candidate.(7) "Licensed behavior analyst" means an individual who is certified by the national-accrediting Board as a BCBA and is licensed by DHS DDS to provide applied behavior analysis services in Oklahoma.(8) "Oklahoma Licensed Behavior Analyst Board (OLBAB)" or "state Board" means the state board responsible for licensing behavior analysts and regulating the practice of applied behavior analysis professionals.(9) "Real-time supervision" means the observation of the provision of service with all parties participating in or monitoring live interactions.(10) "Registered behavior technician (RBT)" means a paraprofessional who is certified by the national Board and practices under the close, ongoing supervision of a BCBA. The RBT works under the license number of a BCBA and is primarily responsible for the direct implementation of BCBA designed and prescribed behavior-analytic services.(11) "Supervisee" means a BCaBA or RBT who acts under the authority and supervision of a BCBA to provide applied behavior analysis services or a BCaBA or RBT candidate in training to provide such services as defined by the national board.(A) The supervisee does not design intervention or assessment plans. It is the supervising BCBA's responsibility to determine which other tasks the supervisee may perform as a function of his or her training, experience, and competence.(B) The BCBA is responsible for the supervisee's work on the cases he or she is overseeing.(C) A BCBA, BCaBA, or RBT as a guardian or parent, may not provide services to his or her own child or ward.(12) "Supervision" means the direct observation and professional guidance during the provision of service by a BCBA, BCaBA, or RBT.(13) "Two-way interactions" means the observation of the provision of service using real-time visual and auditory contact through the use of technological devices.(c) Qualifications.(1) Each person wishing to practice as a BCBA or as a BCaBA in Oklahoma applies to DDS using Form 06LC001E, Application for BCBA License and BCaBA Certification, and furnishes evidence that he or she:(A) is at least 21 years old;(B) passed the Board examination and is certified by the national Board as a BCBA or as a BCaBA, as applicable; and(C) has not had a professional license or state certification refused, revoked, suspended, or restricted and does not have a complaint, allegation, or investigation pending in any regulatory jurisdiction in the United States or in another country for reasons that relate to unprofessional conduct unless DDS finds that the conduct was corrected or that mitigating circumstances exist that prevent resolution.(2) No person can claim the title of or hold himself or herself out as being a BCBA or BCaBA unless he or she meets the applicable requirements and obtains a license or certification, per this Section.(A) Supervisees provide applied behavior analysis under the supervision of a BCBA.(B) This Section does not restrict the practice of applied behavior analysis by human services professionals, provided such individuals are working within the scope of their professions and the practice of applied behavior analysis is commensurate with their level of training and experience.(C) This Section does not prohibit the practice of applied behavior analysis by a technician or family member implementing a plan within the home, acting under the extended authority and direction of a Licensed BCBA or BCaBA.(D) A violation of this subsection is punishable by a fine of not more than $500, the suspension or revocation of a license or certification issued per this Section, or both fine, and loss of licensure or certification.(E) DHS Legal Services may file and seek injunctive relief against any person who wrongfully holds himself or herself out as a BCBA or BCaBA, and does not in fact meet the applicable requirements set forth above, or who is not licensed or certified as a BCBA or BCaBA. The injunctive relief set forth in this Section is filed in the district court for any county wherein which the person holding himself or herself out as a BCBA or BCaBA.(F) The RBT is certified by the national board and renews certification annually as required and defined by the national board.(d) Application. Oklahoma licenses and certificates are issued for two-year terms following the initial State Board certification period.(1) Licensure. A person requesting licensure provides for:(A) an initial request:(i) a current copy of national Board certification;(ii) a copy of a valid photo identification;(iii) Form 06LC001E;(iv) Form 06LC002E, Professional Reference for BCBA License and BCaBA Certification; and(v) Form 06LC004E, Statement of Professional Disclosure for BCBA License and BCaBA Certification; and(B) a renewal:(i) a current copy of national Board certification;(ii) Form 06LC001E; and(iii) Form 06LC004E.(2) Certification. A person requesting certification provides for:(A) an initial request:(i) a current copy of national Board certification;(ii) a copy of a valid photo identification;(iii) Form 06LC001E;(iv) Form 06LC002E;(v) Form 06LC004E; and(vi) Form 06LC005E, BCaBA Professional Supervision; and(B) re-certification:(i) a current copy of national Board certification;(ii) a copy of a valid photo identification;(iii) Form 06LC001E;(iv) Form 06LC004E; and(v) Form 06LC005E.(3) Post-military personnel. Pursuant to the Post-Military Service Occupation, Education and Credentialing Act, 59 O.S. § 4100.1, issuance of an Oklahoma license or certificate to post-military service members and spouses is expedited upon receipt of required application materials and verification of national Board certification.(e) Licensure and certification. A person licensed or certified by DDS:(1) maintains active status and fulfills all requirements of certification or recertification with the national Board;(2) conducts professional activities in accordance with the ethical and professional standards of the national Board and available on its website at www.bacb.com; and(3) applies for license or certification renewal on or before April 30 of each odd- numbered year to continue practicing in Oklahoma.(f) Fees.(1) BCBA licensure fees:(A) for initial licensing are pro-rated on a rounded average of $50 for each full- calendar year remaining on the national Board certification; and(B) $100 for each two-year license thereafter.(2) BCaBA certification fees:(A) for initial certification are pro-rated on a rounded average of $25 for each full-calendar year remaining on the national Board certification; and(B) $50 for each two-year certification thereafter.(g) Requirements of supervision. A certified BCaBA or RBT works under the supervision of a licensed BCBA. The BCBA follows the supervision guidelines of the national Board.(h) OLBAB.(1) OLBAB has five members consisting of:(A) three licensed BCBAs who may be employed by DHS appointed to the OLBAB by the DHS Director;(B) one BCaBA who may be employed by DHS appointed to the OLBAB by the DHS Director; and(C) one member employed by OHCA, designated by the Oklahoma Health Care Authority (OHCA) who is a person with behavioral health expertise.(2) The chair of OLBAB is appointed by the DHS Director.(3) Administrative support of the OLBAB is provided by DDS staff as designated by the DDS director.(4) OLBAB meets a minimum of four times per calendar year. All meetings are subject to the Open Meetings Act, per 25 O.S. § 301-314.(5) Travel expenses for members of OLBAB are reimbursed, per 74 O.S. § 500.4.(6) OLBAB maintains a list of all persons licensed or certified to provide behavior analytic services in Oklahoma and provides copies to interested persons upon written request.(i) Ethics.(1) Any person licensed or certified by DDS as either a BCBA or a BCaBA reports to the state Board within five-business days any sanction, denial of initial or renewal certification, revocation, suspension, or any other limitation of license or certification or combination of national Board sanctions. When a person loses national Board licensure or certification for any reason, he or she immediately forfeits the Oklahoma license or certification and must notify OLBAB within five-business days of such national Board action and must immediately stop providing BCBA or BCaBA services in Oklahoma.(2) Grounds for forfeiture or non-renewal of a license or certification for practice in Oklahoma include:(A) obtaining or attempting to obtain a license or certification by making a false or misleading statement, failure to make a required statement, or fraud or deceit in any communication to OLBAB;(B) gross or repeated negligence, incompetence, misconduct, or malpractice in professional work including, but not limited to:(i) any physical or mental condition that currently impairs competent professional performance or poses a substantial risk to the recipient of behavior analysis services;(ii) professional conduct that constitutes an extreme and unjustified deviation from the customary standard of practice accepted in the applied behavior analytic community and creates a serious risk of harm to or deception of service recipients;(iii) abandonment of a service recipient resulting in the termination of imminently needed care without adequate notice or provision for transition;(iv) professional record keeping or data collection that constitutes an extreme and unjustified deviation from the customary standard of practice for the field, or deceptively altering service recipient's records or data;(v) engaging in blatant fraud, deception, misrepresentation, false promise or pretense, intimidation in the practice of applied behavior analysis, or in solicitation of service recipients; or(vi) the unauthorized material disclosure of confidential service recipient information;(C) limitation, sanction, revocation, or suspension by a health care organization, professional organization, or other private or governmental body, relating to behavior analysis practice, public health or safety, or behavior analysis certification;(D) any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety; or(E) failure to adequately supervise or be supervised in accordance with the BACB Standards for Supervision.(3) Applicants and persons holding a current license or certificate reports to the OLBAB within 30-calendar days of occurrence:(A) a change in name, address, or other vital information;(B) the filing of any criminal or civil charges;(C) the initiation of any disciplinary charges, investigations, or findings and/or sanctions by a health care organization, federal or state agency, or other professional association; and(D) any other change in information provided by the applicant or person holding a current license or certificate to the OLBAB.(4) The RBT must abide by the national Board's RBT Ethics Code. When OLBAB becomes aware of a potential code violation, a referral is made to the national Board that has the responsibility for investigating and initiating disciplinary action, when determined necessary.(j) Complaint investigation. All complaints regarding unprofessional conduct of a BCBA or BCaBA are submitted to OLBAB in writing. The DDS Quality Assurance programs administrator assists with investigations upon request and reports any findings to the state Board for action.(k) Sanctions. Sanctions are determined by the state Board.