TITLE 5

Businesses and Professions

CHAPTER 5-86

Licensing of Applied Behavior Analysts

SECTION 5-86-26



   § 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.



History of Section.

(P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.)