in-20250409-IR-844240437FRA: DIGEST BEHAVIOR ANALYST COMMITTEE

Final Rule LSA Document #24-437 DIGEST Sec. 1. The definitions in this rule and IC 25-8.5-1 apply throughout this article. Sec. 2. "Behavior analyst certification board" or "BACB" means an independent nonprofit organization that credentials practitioners of behavior analysis. Sec. 3. "Board certified assistant behavior analyst" or "BCaBA" means a certification in the practice of behavior analysis that is issued by the BACB. Sec. 4. "Board certified behavior analyst" or "BCBA" means a certification in the practice of behavior analysis that is issued by the BACB or another entity approved by the committee. Sec. 5. "Continuing education unit" means fifty (50) minutes of participation in an event that is approved for continuing education. Sec. 6. "Licensed assistant behavior analyst" or "LABA" means a practitioner who is licensed by the committee to practice behavior analysis under appropriate supervision. Sec. 7. "Licensed behavior analyst" or "LBA" means a practitioner who is licensed by the committee to practice behavior analysis independently. Sec. 1. (a) An applicant for licensure as a behavior analyst shall provide the board with the information required in IC 25-8.5-3-1 and the following: (b) The committee shall verify with: Sec. 2. (a) An applicant for licensure as an assistant behavior analyst shall provide the board with the information required in IC 25-8.5-3-2 and the following: (b) The committee shall verify with: Sec. 3. (a) An applicant for licensure by reciprocity as an LBA shall meet the requirements of IC 25-8.5-3-3 and section 1 of this rule, and provide information regarding the scope of their practice in the other states of licensure. (b) An applicant for licensure by reciprocity as an LABA shall meet the requirements of IC 25-8.5-3-3 and section 2 of this rule, and provide information regarding the scope of their practice in the other states of licensure. (c) Failure by an applicant to report licensure or certification in another state is considered a false application and may be subject to disciplinary action or denial of a license. (d) For purposes of IC 25-8.5-3-3, "substantially equal" means licensure in a state or territory of the United States that requires similar education, experience, and certification as required for corresponding licensure in Indiana. (e) Applicants under this section shall submit to a national criminal history background check under IC 25-1-1.1-4 and furnish satisfactory evidence to the committee that the individual has not been convicted of a crime that has a direct bearing on their ability to practice competently. Sec. 4. (a) The application/issuance fee for licensure as a behavior analyst is one hundred dollars ($100). (b) The reciprocity application/issuance fee for licensure as a behavior analyst is seventy-five dollars ($75). (c) The application/issuance fee for licensure as an assistant behavior analyst is seventy-five dollars ($75). (d) The reciprocity application/issuance fee for licensure as an assistant behavior analyst is fifty dollars ($50). (e) The renewal fee for a behavior analyst license is one hundred dollars ($100). (f) The renewal fee for an assistant behavior analyst license is seventy-five dollars ($75). (g) The fee for a duplicate wall certificate is ten dollars ($10). (h) The penalty fee for late renewal is fifty dollars ($50). (i) All application fees are nonrefundable. Sec. 5. (a) A renewal application for an LBA must be submitted to the licensing agency on or before December 31 of each odd-numbered year on a form provided by the licensing agency. The application submission must include the following: (b) The licensing agency shall verify with the BACB that an applicant is actively certified as a BCBA and has not been disciplined by, nor has pending discipline with, the BACB. (c) A renewal application for an LABA must be submitted to the licensing agency on or before December 31 of each odd-numbered year on a form provided by the licensing agency. The application submission must include the following: (d) The licensing agency shall verify with the BACB that an applicant is actively certified as a BCaBA and has not been disciplined by, nor has pending discipline with, the BACB. (e) An individual who holds a license as an LBA or LABA shall renew their license biennially as required by IC 25-8.5-2-6. (f) A license that is not renewed on or before December 31 of each odd-numbered year becomes invalid. The license may be reinstated within three (3) years after the date of expiration by: Sec. 6. (a) An organization may be approved under IC 25-8.5-3-1 after a showing that its certification standards are substantially similar to those of the BACB. An organization's certification standards are substantially similar to those of the BACB if they use nearly identical: (b) An organization seeking board approval under this section shall submit to the board: Sec. 1. (a) To successfully renew a license, each licensee shall meet the continuing education requirements listed in this rule. Each licensee shall complete: (b) CE units earned to satisfy subsection (a) may also be used to maintain certification with the BACB. Sec. 2. (a) Organizations or individuals not specified in IC 25-1-4-0.2 applying for approval as sponsors of continuing education (CE) courses shall submit a written request for approval at least sixty (60) days before the date of the organization's presentation of a program for CE credit. Programs presented before receiving approval, or after the withdrawal or termination of approval of the organization by the committee, do not count toward CE requirements. (b) A written request for approval must include the following: (c) The organization is responsible for monitoring attendance so that verifying attendance throughout the program can be reliably assured. (d) Approval of the organization will be valid for not more than two (2) years. The organization or individual is responsible for applying to the committee for renewal using the process described in subsection (c). (e) Additional approval or renewal is not required for an individual or organization that later becomes an individual or organization specified under this title. Sec. 1. A behavior analyst in the conduct of their practice shall abide by, and comply with, the standards of competent practice set forth in this rule and the BACB ethics code, effective January 1, 2022, which can be found at https://www.bacb.com/wp-content/uploads/2022/01/Ethics-Code-for-Behavior-Analysts-240201-a.pdf. Sec. 2. (a) A behavior analyst shall work to minimize restrictive interventions used with clients in deference to the most appropriate and least intrusive interventions, based on current industry standards or research. (b) Standards of practice for behavior analysts include appropriate and generally accepted standards of care for goal selection and intensity, duration, and frequency of care. Sec. 3. A behavior analyst or assistant behavior analyst shall practice within the scope of their license and refer a client to another provider or agency when appropriate. Sec. 4. A behavior analyst shall maintain the confidentiality of all knowledge and information regarding a client, including the client's diagnosis, treatment, and prognosis, and the records relating to that information, about which the practitioner may learn or otherwise be informed during, or as a result of, the client-practitioner relationship. Information about a client shall be disclosed by a behavior analyst when required by law or when authorized by the client or those responsible for the client's care. Sec. 5. A behavior analyst shall give a truthful, candid, and reasonably complete account of the client's response to treatment to the client or those responsible for the client's care. Sec. 6. (a) A behavior analyst is responsible for appropriate supervision of any staff, paraprofessionals, BCaBAs, or individuals in training to be a behavior analyst, who may assist with or carry out behavior analysis treatment for clients under their care. Supervision includes the direct observation of the supervisee delivering services to clients in person and by visual electronic means. (b) An LABA shall work under the supervision of an LBA or a licensed psychologist approved by the BACB to provide that supervision. (c) The LABA and individuals providing supervision shall create and sign a supervision contract that defines the relationship and responsibilities of the supervisor, supervisee, and other appropriate parties. Sec. 7. Fees charged by a behavior analyst for their professional services must be reasonable and compensate the practitioner only for services actually rendered. Sec. 8. A behavior analyst may not, on behalf of: Sec. 9. A behavior analyst may not attempt to exonerate themselves from or limit their liability to a client for their personal malpractice, but may enter into agreements that contain informed, voluntary releases or waivers of liability, or both, in settlement of a claim made by a client or those responsible for a client's care. Sec. 10. A behavior analyst may not attempt to preclude, prohibit, or otherwise prevent the filing of a complaint against them by a client or other practitioner for the alleged violation of any law.