Okla. Admin. Code § 340:100-18-1

Current through Vol. 42, No. 6, December 2, 2024

Section 340:100-18-1 - Board Certified Behavior Analyst (BCBA) license and Board Certified Assistant Behavior Analyst (BCaBA) certification

(a)Authority. Section 1928 of Title 59 of the Oklahoma Statutes (59 O.S. § 1928) directs Oklahoma Human Services (OKDHS) 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, 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 (BACB)" means the national-accrediting Behavior Analyst Certification Board or its successor.

(3)"Board Certified Assistant Behavior Analyst (BCaBA)" means an individual who is certified by the BACB as a Board Certified Assistant Behavior Analyst and practices under the close, ongoing supervision of a BCBA.

(4)"Board Certified Behavior Analyst (BCBA)" means an individual who is certified by the BACB as a Board Certified Behavior Analyst.

(5)"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.

(6)"Oklahoma Certified Assistant Behavior Analyst (OCABA)" means a BCaBA who is certified by OLBAB under authority of OKDHS DDS to provide applied behavior analysis services in Oklahoma.

(7)"Oklahoma Licensed Behavior Analyst Board (OLBAB)" means the state board responsible for licensing behavior analysts, certifying assistant behavior analysts and regulating the practice of applied behavior analysis professionals.

(8)"Oklahoma Licensed Behavior Analyst (OLBA)" means a BCBA who is licensed by OLBAB under authority of OKDHS DDS to provide applied behavior analysis services in Oklahoma.

(9)"Registered behavior technician (RBT)" means a paraprofessional who is certified by the BACB 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.

(10)"Supervisee" means a BCaBA, RBT, or Behavior Analyst in training 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 in accordance with the requirements and procedures of the BACB.

(A) The supervisee does not design intervention or assessment plans but may assist the BCBA performing those tasks to the extent the BACB allows. 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, RBT or Behavior Analyst in training as a guardian or parent, may not provide services to his or her own child or ward.

(11)"Supervision" means at least two face-to-face, real time contacts with at least one occurring during the provision of service by a BCBA, BCaBA, RBT or Behavior Analyst in training.

(c)Qualifications.

(1) Each person wishing to practice as a BCBA or BCaBA in Oklahoma applies to DDS using Form 06LC001E, Application for BCBA License and BCaBA Certification, and furnishes evidence that he or she:

(A) passed the Board examination and is certified by the BACB as a BCBA or as a BCaBA, as applicable; and

(B) 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 may claim the title of or hold himself or herself out as being an OLBA or OCABA 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 an OLBA.

(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 and provided such professionals do not hold themselves out as being an OLBA, OCABA, BCBA, or BCaBA if they do not possess such credentials.

(C) This Section does not prohibit the practice of applied behavior analysis by a family member, guardian or caregiver of a person implementing a plan for that person acting under the extended authority and direction of an OLBA or OCABA.

(D) This Section does not apply to persons employed by a school district who provide services solely to the school district under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et seq., provided they do not claim the title of an OLBA, OCABA, BCBA, BCaBA, or RBT unless they are in compliance with the requirements for the RBT as promulgated and administered by the BACB.

(E) OKDHS Legal Services may file and seek injunctive relief against any person who wrongfully holds himself or herself out as an OLBA, OCABA, BCBA, or BCaBA, and does not in fact meet the applicable requirements set forth above, or who is not licensed or certified as this policy requires. 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 an OLBA, OCABA, BCBA or BCaBA.

(F) The term supervisee includes:

(i) a matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum, provided that the practice under this exemption is directly supervised by a licensed behavior analyst in this state or an instructor in a course sequence approved by the certifying entity; or

(ii) an unlicensed individual pursuing experience in behavior analysis consistent with the experience requirements of the certifying entity, provided such experience is supervised by a licensed behavior analyst in the state.

(H) 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.

(d)Application. Oklahoma licenses and certificates are issued for two-year terms following the initial OLBAB certification period.

(1)Licensure. A person requesting licensure provides for:

(A) an initial request:

(i) a current copy of BACB certification; and

(ii) Form 06LC001E;

(B) a renewal:

(i) a current copy of BACB certification; and

(ii) Form 06LC001E

(2)Certification. A person requesting certification provides for:

(A) an initial request:

(i) a current copy of BACB certification; and

(ii) Form 06LC001E;

(B) re-certification:

(i) a current copy of BACB certification; and

(ii) Form 06LC001E.

(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 BACB certification.

(4)Temporary License. OLBAB may issue a temporary license to practice behavior analysis in Oklahoma for 30-calendar days or less in a calendar year. For a temporary license to be issued, the person must be licensed to practice behavior analysis in another state whose requirements are substantially equivalent to Oklahoma requirements, per 59 O.S. § 1928(B) and this Section.

(5)Licensure Requirements. OLBAB may issue a license to a person who:

(A) holds a valid license or certificate from another state;

(B) meets the requirements specified in 59 O.S. § 1928(B) and this Section;

(C) meets any additional licensing requirements contained in administrative regulation promulgated by OLBAB; and

(D) has no imposed or pending disciplinary actions.

(e)Licensure and certification. A person licensed or certified:

(1) maintain active status and fulfill all requirements of certification or recertification with the BACB;

(2) conduct professional activities in accordance with the ethical and professional standards of the BACB 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) OLBA licensure fees:

(A) for initial licensing are pro-rated on a rounded average of $50 for each full-calendar year remaining on the BACB certification; and

(B) $100 for each two-year license thereafter.

(2) OCABA certification fees:

(A) for initial certification are pro-rated on a rounded average of $25 for each full-calendar year remaining on the BACB certification; and

(B) $50 for each two-year certification thereafter.

(g)Requirements of supervision. an OCABA or RBT works under the supervision of an OLBA. The OLBA follows the supervision guidelines of the BACB.

(h)OLBAB.

(1) OLBAB has at least five members consisting of:

(A) at least three OLBAs appointed by the OKDHS Director or designee, one of whom may be employed by OKDHS, and two who are recommended by the:

(i) largest nonprofit professional association for behavior analysts in the state; or

(ii) OLBAB;

(B) at least one OCABA or RBT who may be employed by OKDHS appointed to the OLBAB by the OKDHS Director or designee; and

(C) one member of the public who is, or in the last five years has been, a consumer of behavior analytic services, or family member of a consumer of behavior analytic services provided or supervised by an OLBA.

(2) The OKDHS Director or designee appoints the chair of OLBAB.

(3) Upon OLBAB's request or at the Director's own determination, and before an OLBAB member's term expires, the OKDHS Director or designee may remove an OLBAB member for malfeasance, neglect of duty, or incompetency, or revoke or suspend the member's license.

(4) If an OLBAB member resigns appointment, or a board seat is otherwise vacated prior to completion of term, the OKDHS Director or designee appoints a replacement member to complete the term.

(5) The OKDHS Director or designee may reappoint OLBAB members for additional two year terms.

(6) DDS staff provides administrative support of the OLBAB.

(7) 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.

(8) Travel expenses for members of OLBAB are reimbursed, per 74 O.S. § 500.4.

(9) Money received for the licensure or certification of behavior analysts and assistant behavior analysts, and any penalties, fines, appropriations, gifts, grants or donations received for purposes relating to the duties of OLBAB are deposited in a fund and are used exclusively for OLBAB operations and administration of 59 O.S. § 1928.

(10) Each new member of OLBAB completes orientation training provided by DDS within 60 calendar days after his or her appointment to OLBAB. Orientation includes, but is not limited to:

(A) the purpose of OLBAB and the duties of OLBAB members; and

(B) any applicable laws and regulations including the provisions of the governing law and regulations of OLBAB, administrative hearing requirements, confidentiality requirements, complaint investigation, and disposition procedures.

(11) Appointees to OLBAB are free of conflict of interest in performing the duties of OLBAB. OLBAB Members adhere to the ethical standards of OKDHS in executing duties of OLBAB. No OLBAB member participates in any matter before OLBAB in which the member has a pecuniary interest or other conflict of interest.

(12) 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 an OLBA or OCABA reports to OLBAB within five-business days of any sanction, denial of initial or renewal certification, revocation, suspension, or any other limitation of license or certification or combination of BACB sanctions. When a person loses BACB 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 BACB action and immediately stops providing BCBA or BCaBA services in Oklahoma.

(2) All persons licensed or certified, per 59 O.S. § 1928(D)(2), complies with the BACB Standards for Supervision and Ethics Code for Behavior Analysts, and OLBAB may investigate any complaints and impose sanctions for any violations of these provisions or the applicable BACB ethics and supervision requirements in effect at the time of the relevant conduct or occurrence.

(3) Grounds for disciplinary action including denial, suspension, forfeiture, or non-renewal of a license or certification for practice in Oklahoma. Other disciplinary or remedial action 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) violations of the BACB professional and ethical compliance codes;

(C) aiding and abetting the unlawful practice of behavior analysis;

(D) failing to cooperate with or respond promptly, completely, and honestly to OLBAB requests in connection with licensing, certifying, investigative, or disciplinary activities;

(E) 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;

(F) 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;

(G) any conviction of a felony or misdemeanor directly relating to behavior analysis practice or public health or safety; or

(H) failure to adequately supervise or be supervised in accordance with the BACB Standards for Supervision.

(4) Applicants and persons holding a current license or certificate report 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, findings, 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.

(5) RBTs providing services in Oklahoma abide by the BACPs RBT Ethics Code. When OLBAB becomes aware of a potential code violation, a referral is made to the BACB 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 OLBAB for action.

(1) A complaint is defined as the receipt of any information by OLBAB indicating that there may be grounds for disciplinary action against a licensed behavior analyst or a licensed assistant behavior analyst, an individual claiming to be a licensed behavior analyst or a certified assistant behavior analyst, or an individual practicing without a license or certificate.

(2) Complaints may be initiated by any person or by OLBAB on its own initiative.

(3) Complaints sent to OLBAB:

(A) are addressed as confidential;

(B) are in writing;

(C) clearly identify the person against whom the complaint is being made;

(D) contain the date;

(E) identify, by signature, the person initiating the complaint; and

(F) contain a clear and concise statement of the facts giving rise to the complaint.

(4) At the next regularly scheduled meeting of OLBAB, or as soon as practicable, OLBAB determines whether the complaint warrants further investigation.

(5) If OLBAB determines that a complaint warrants further investigation, OLBAB notifies the licensee or applicant against whom the complaint has been made by certified mail. The notice includes a:

(A) notice that a complaint has been filed;

(B) statement of the nature of the complaint;

(C) reference to the particular Section(s) of the statutes, administrative code, or ethical standards that may be involved; and

(D) request for cooperation in obtaining a full understanding of the circumstances.

(6) The respondent provides OLBAB a written response to the initiating complaint within 30-calendar days.

(7) During the investigation phase, OLBAB may communicate with the complainant and the respondent in an effort to seek resolution of the complaint without a formal hearing.

(8) If a satisfactory resolution cannot be identified in the investigation phase, or OLBAB determines that the circumstances may warrant the denial, revocation, or suspension of a license, OLBAB initiates a formal hearing. The purpose of the hearing is to determine:

(A) if the respondent committed certain acts or omissions and whether those acts or omissions violated one or more of the following:

(i) 59 O.S. § 1928;

(ii) the professional and ethical compliance code for behavior analysts of the certifying entity; or

(iii) prior conditions OLBAB imposed regarding the respondent; and

(B) appropriate disciplinary action.

(9) Upon final resolution of a complaint submitted pursuant to this process, OLBAB notifies the complainant and respondent of the outcome of OLBAB's actions.

(10) OLBAB has the authority to determine that a formal hearing should be initiated immediately on any complaint.

(k)Sanctions. OLBAB determines sanctions.

(1) After notice to the respondent, and an opportunity for a hearing conducted before a majority of OLBAB members, OLBAB may:

(A) refuse to license or certify any applicant;

(B) refuse to renew the license or certificate of any person;

(C) suspend or revoke or place on probation the license or certificate of any person;

(D) impose restrictions on the scope of practice or conditions of practice, including additional supervisory requirements, professional education, treatment requirements or physical or mental examination requirements or other practice conditions or limitations of any person;

(E) issue a letter of censure to any person;

(F) issue an administrative reprimand to any person;

(G) issue a written or verbal admonishment to any person; or

(H) impose fines for violations, not to exceed $500.

(2) OLBAB may temporarily suspend a license or certificate prior to the hearing referenced in (j)(8). If OLBAB determines the licensee poses a substantial risk to the individual or individuals receiving applied behavior analysis services. The temporary suspension remains effective until the:

(A) hearing referenced in (j)(8) is conducted; or

(B) matter is otherwise resolved prior to the hearing as set forth in Section (j)(8) of this rule.

Okla. Admin. Code § 340:100-18-1

Added at 28 Ok Reg 51, eff 8-13-10 (emergency); Added at 28 Ok Reg 897, eff 6-1-11

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024