Ariz. Admin. Code § 4-26-401

Current through Register Vol. 30, No. 50, December 13, 2024

Section R4-26-401 - Definitions

A. The definitions in A.R.S. § 32-2091 apply in this Article.

B. Additionally, in this Article:

1. "Accredited" means an institution of higher education:

a. In the U.S. is listed with the Council for Higher Education Accreditation,

b. In Canada is a member of the Universities Canada, and

c. Outside of the U.S. or Canada is determined by a member of the National Association of Credential Evaluation Services to have standards substantially similar to those of an institution of higher education in the U.S. or Canada.

2. "Advertising" means any media used to disseminate information regarding the qualifications of a behavior analyst in order to solicit clients for behavior analysis services, regardless of whether the behavior analyst pays for the advertising.

3. "Applicant" means an individual who applies to the Board for an initial or renewal license.

4. "BACB" means the Behavior Analyst Certification Board, Inc.^®.

5. "Confidential information" means:

a. Minutes of an executive session of the Board exceptas provided under A.R.S. § 38-431.03(B);

b. A record that is classified as confidential by a statute or rule applicable to the Board;

c. Materials relating to an investigation by the Board, including a complaint, response, client record, witness statement, investigative report, and any information relating to a client's diagnosis, treatment, or personal family life; and

d. The following regarding an applicant or licensee:

i. College or university transcripts if requested from the Board by a person other than the applicant or licensee;

ii. Home address, telephone number, and e-mail address;

iii. Test scores;

iv. Date of birth;

v. Place of birth; and

vi. Social Security number.

6. "Gross negligence" means an extreme departure from the ordinary standard of care.

7. "Inactive status" means a behavior analyst maintains a license as a behavior analyst but is prohibited from practicing behavior analysis or holding oneself out as practicing behavior analysis in Arizona.

8. "License period" means:

a. For a licensee who holds an odd-numbered license, the two years between the first day of the month after the licensee's birth month of one odd-numbered year and the last day of the licensee's birth month of the next odd-numbered year; and

b. For a licensee who holds an even-numbered license, the two years between the first day of the month after the licensee's birth month of one even-numbered year and the last day of the licensee's birth month of the next even-numbered year.

9. "Mitigating circumstances that prevent resolution" means factors the Board considers in reviewing allegations against an applicant or licensee of unprofessional conduct occurring in another regulatory jurisdiction when the allegations would not prohibit licensure in Arizona. The factors may include:

a. Nature of the alleged conduct,

b. Severity of the alleged conduct,

c. Recentness of the alleged conduct,

d. Actions taken by the applicant to remedy potential violations, and

e. Whether the alleged conduct was an isolated incident or part of a recurring pattern.

10. "Party" means the Board, an applicant, a licensee, or the state.

11. "Psychometric testing materials" means manuals, instruments, protocols, and questions or stimuli used in testing.

12. "Raw test data" means test scores, client responses to test questions or stimuli, and a behavior analyst's notes and recordings concerning client statements and behavior during examination.

13. "Regulatory jurisdiction" means a state or territory of the United States, the District of Columbia, or a foreign country with authority to grant or deny entry into a profession or occupation.

14. "Renewal year" means:

a. Each odd-numbered year for a licensee who holds an odd-numbered license, and

b. Each even-numbered year for a licensee who holds an even-numbered license.

15. "Supervised experience" means supervised independent fieldwork, practicum, or intensive practicum.

Ariz. Admin. Code § R4-26-401

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3). Amended by final rulemaking at 23 A.A.R. 215, effective 3/5/2017. Amended by final rulemaking at 26 A.A.R. 1017, effective 7/4/2020.