16 Del. Admin. Code § 2102-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2102-3.0 - Qualified Autism Service Providers

3.1 If an autism services provider is currently certified as a BCBA or BCBA-D, such autism services provider shall be deemed to have met the standards established under this section to provide applied behavior analysis services. The Behavior Analyst Certification Board sets forth a task list of acceptable activities of an individual it certifies and maintains disciplinary and ethical standards. Certified individuals must act within the scope of these documents and their certification, as currently set forth and as subsequently amended by the Behavior Analyst Certification Board (BACB).

3.2 Professionals and their aides and assistants listed in 2.0 may provide treatment for autism spectrum disorders, provided that such services are medically necessary and within the professional's scope of practice and scope of competence and training. Aides and assistants must work under the direction and supervision of the professional. Only people certified as a BCBA or BCBA-D or behavioral technicians who work under the supervision of a BCBA or BCBA-D are considered qualified, under these regulations, to provide applied behavior analysis.

3.3 Behavioral Technicians who work under the supervision of a BCBA or BCBA-D and who meet the criteria listed below may implement components of applied behavior analysis treatment plans. The supervising BCBA or BCBA-D must verify that the criteria set forth have been met.

3.3.1 Supervision by a BCBA or BCBA-D includes clinical management and case supervision and may include direct treatment. The ratio of such supervision hours provided by the BCBA or BCBA-D to those direct treatment hours provided by a behavioral technician should reflect the needs of the client but shall not be less than 1.5:10 per week. In the case that less than 10 hours per week of ABA is prescribed and delivered, a minimum of 1 hour of supervision per week is required.

3.3.2 Other requirements for behavioral technicians:

3.3.2.1 High School Diploma or GED;

3.3.2.2 Proof of passing a federal and state criminal background and child and adult abuse registry check;

3.3.2.3 Annual CPR certification;

3.3.2.4 Annual signed statement that they have read and understand an explanation of Delaware's mandatory child abuse reporting law (including hotline);

3.3.2.5 Signed statement that they have read and understand an explanation of HIPAA;

3.3.2.6 Proof of successful completion of an online or in-person course on Autism Spectrum Disorders that is offered by a provider on the list of continuing education providers authorized by the BACB, provided by any accredited two or four year college (online or in-person), or provided by an ABA or behavioral health agency training its own staff.

3.3.2.7 Proof of completion of competency-based training in implementing applied behavior analysis procedures delivered and verified by the supervising BCBA, or BCBA-D. A person holding a current certification of board certified assistant behavior analyst (BCaBA) is deemed to have met this requirement.

3.3.2.8 Proof of successful completion of an online or in-person course on Applied Behavior Analysis principles that is offered by a provider on the list of continuing education providers authorized by the BACB, provided by any accredited two or four year college (online or in-person), or provided by an ABA or behavioral health agency training its own staff so long as such training is done by a BCBA or BCBA-D.

3.3.2.9 After completion of the above, a minimum of 10 hours of competency-based training and direct service, observed by the BCBA or BCBA-D, before providing one-on-one service.

16 Del. Admin. Code § 2102-3.0