Chapter 4783. Behavior Analysts
As used in this chapter:
| (A) |
"Certified Ohio behavior analyst" means an individual
holding a current, valid certificate issued under section 4783.04 of the
Revised Code. |
| (B) |
| (1) |
"Practice of applied behavior analysis" means the
design, implementation, and evaluation of instructional and environmental
modifications to produce socially significant improvements in human behavior
and includes the following:
| (a) |
The empirical identification of functional relations
between behavior and environmental factors, known as functional assessment and
analysis; |
| (b) |
Interventions based on
scientific research and the direct observation and measurement of behavior and
the environment; |
| (c) |
Utilization of contextual factors, motivating
operations, antecedent stimuli, positive reinforcement, and other consequences
to help people develop new behaviors, increase or decrease existing behaviors,
and emit behaviors under specific environmental conditions. |
|
| (2) |
"Practice of applied
behavior analysis" does not include psychological testing, diagnosis of a
mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy,
sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as
treatment modalities. |
|
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
| (A) |
[Effective 9/29/2014] Except as otherwise
provided in division (B) of this section, no person shall do either of the
following:
| (1) |
Engage in the practice of
applied behavior analysis in this state without holding a certificate issued
under section 4783.04 of the Revised Code; |
| (2) |
Hold the person's self out to be a certified Ohio
behavior analyst unless the person holds a certificate issued under section
4783.04 of the Revised Code. |
|
| (B) |
This chapter does not apply to any of the
following:
| (1) |
An individual licensed
under Chapter 4732. of the Revised Code to practice psychology, if the practice
of applied behavior analysis engaged in by the licensed psychologist is within
the licensed psychologist's education, training, and experience; |
| (2) |
An individual licensed
under Chapter 4757. of the Revised Code to practice counseling, social work, or
marriage and family therapy, if the practice of applied behavior analysis
engaged in by the licensed professional counselor, licensed professional
clinical counselor, licensed social worker, or licensed marriage and family
therapist is within the licensee's education, training, and experience; |
| (3) |
An individual acting
under the authority and direction of an individual described in division (B)(1)
or (2) of this section; |
| (4) |
An individual practicing applied behavior analysis who
is supervised by a certified Ohio behavior analyst and acting under the
authority and direction of that certified Ohio behavior analyst; |
| (5) |
The delivery of
interventions by a direct care provider or family member to implement
components of an applied behavior analysis treatment plan. |
| (6) |
A behavior analyst who practices with nonhuman or
nonpatient clients or consumers, including applied animal behaviorists and
practitioners of organizational behavior management; |
| (7) |
A licensed professional authorized to practice in this
state who, in the offering or rendering of services, does not represent oneself
in any printed materials or verbally by incorporating the term "applied
behavior analyst," if the services of the licensed professional are within the
scope of practice of the licensing law governing the licensed professional and
the services performed are commensurate with the licensed professional's
education, training, and experience; |
| (8) |
A matriculated graduate student or postdoctoral
trainee whose activities are part of a defined program of study or professional
training; |
| (9) |
An individual employed by
the department of developmental disabilities, a county board of developmental
disabilities, or a council of government consisting of county boards of
developmental disabilities, when the individual is acting in the scope of that
employment; |
| (10) |
A professional employed
in a school or other setting that falls under the regulation of the state board
of education when the professional is acting within the scope of that
employment. |
|
| (C) |
For purposes of division (B)(3) or (4) of this
section, an individual is not subject to this chapter only if the licensed
psychologist, the licensed professional counselor, the licensed professional
clinical counselor, the licensed social worker, the licensed marriage and
family therapist, or the certified Ohio behavior analyst under whose authority
and direction the individual is acting pursuant to division (B)(3) or (4) of
this section signs an attestation stating that the licensed psychologist,
licensed professional counselor, licensed professional clinical counselor,
licensed social worker, licensed marriage and family therapist, or certified
Ohio behavior analyst is responsible for the care provided by the
individual. |
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013, and
9/29/2014.
| (A) |
The state board of psychology shall administer and
enforce this chapter. The board shall adopt rules under Chapter 119. of the
Revised Code establishing all of the following:
| (1) |
Procedures and requirements for applying for a
certificate issued under section 4783.04 of the Revised Code; |
| (2) |
Fees for issuance of a certificate; |
| (3) |
Reductions of the hours of continuing education
required by section 4783.05 of the Revised Code for persons in their first
certificate period. |
|
| (B) |
The board may adopt additional rules in accordance
with Chapter 119. of the Revised Code as the board determines are necessary to
implement and enforce this chapter. |
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
| (A) |
An individual seeking a certificate to practice as a
certified Ohio behavior analyst shall file with the state board of psychology a
written application on a form prescribed and supplied by the board. To be
eligible for a certificate, the individual shall do all of the following:
| (1) |
Demonstrate that the applicant is of good moral
character and conducts the applicant's professional activities in accordance
with accepted professional and ethical standards; |
| (2) |
Comply with sections 4776.01 to 4776.04 of the Revised
Code; |
| (3) |
Demonstrate an
understanding of the law regarding behavioral health practice; |
| (4) |
Demonstrate current certification as a board certified
behavior analyst by the behavior analyst certification board or its successor
organization or demonstrate completion of equivalent requirements and passage
of a psychometrically valid examination administered by a nationally accredited
credentialing organization; |
| (5) |
Pay the fee established by the state board of
psychology. |
|
| (B) |
The state board of psychology shall review all
applications received under this section. The state board of psychology shall
not grant a certificate to an applicant for an initial certificate unless the
applicant complies with sections 4776.01 to 4776.04 of the Revised Code and the
state board of psychology, in its discretion, decides that the results of the
criminal records check do not make the applicant ineligible for a certificate
issued pursuant to section 4783.09 of the Revised Code. If the state board of
psychology determines that an applicant satisfies the requirements for a
certificate to practice as a certified Ohio behavior analyst, the state board
of psychology shall issue the applicant a certificate. |
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
| (A) |
| (1) |
Except as otherwise provided in this division, a
certificate issued under this chapter is valid for a period of two years. On or
before the thirty-first day of August of each even-numbered year, each
certified Ohio behavior analyst shall do both of the following:
| (a) |
Register with the state board of psychology on a form
prescribed by the board, giving the certified Ohio behavior analyst's name,
address, certificate number, the continuing education information required
under division (B) of this section, and any other reasonable information as the
board requires; |
| (b) |
Pay to the board secretary a biennial registration fee
in an amount of one hundred fifty dollars. |
|
| (2) |
An individual who is issued a certificate under
section 4783.04 of the Revised Code for the first time on or before the
thirty-first day of August of an even-numbered year shall next be required to
register on or before the thirty-first day of August of the next even-numbered
year. |
|
| (B) |
Every two years a certified Ohio behavior analyst who
wishes to renew the certified Ohio behavior analyst's certificate issued under
this chapter shall produce proof of not less than twenty-three hours of
continuing education, including not less than four hours in ethics,
professional conduct, or cultural competency. Continuing education hours may be
earned through providers of continuing education approved by the behavior
analyst certification board or its successor organization or other
organizations approved by the state board of psychology as providers of
continuing education. |
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
| (A) |
The state board of psychology may refuse to issue a
certificate to any applicant, may issue a reprimand, or suspend or revoke the
certificate of any certified Ohio behavior analyst, on any of the following
grounds:
| (1) |
Conviction of a felony,
or of any offense involving moral turpitude, in a court of this or any other
state or in a federal court; |
| (2) |
Using fraud or deceit in the procurement of the
certificate to practice applied behavior analysis or knowingly assisting
another in the procurement of such a certificate through fraud or deceit; |
| (3) |
Accepting commissions or
rebates or other forms of remuneration for referring persons to other
professionals; |
| (4) |
Willful, unauthorized communication of information
received in professional confidence; |
| (5) |
Being negligent in the practice of applied behavior
analysis; |
| (6) |
Using any controlled
substance or alcoholic beverage to an extent that such use impairs the person's
ability to perform the work of a certified Ohio behavior analyst with safety to
the public; |
| (7) |
Violating any rule of
professional conduct promulgated by the board; |
| (8) |
Practicing in an area of applied behavior analysis for
which the person is clearly untrained or incompetent; |
| (9) |
An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the person is incompetent for the purpose of
holding the certificate; |
| (10) |
Waiving the payment of
all or any part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that covers applied
behavior analysis services, would otherwise be required to pay if the waiver is
used as an enticement to a patient or group of patients to receive health care
services from that provider; |
| (11) |
Advertising that the
person will waive the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy, contract,
or plan that covers applied behavior analysis services, would otherwise be
required to pay. |
|
| (B) |
For purposes of division (A)(9) of this section, a
person may have the person's certificate issued or restored only upon
determination by a court that the person is competent for the purpose of
holding the certificate and upon the decision by the board that the certificate
be issued or restored. The board may require an examination prior to such
issuance or restoration. |
| (C) |
Notwithstanding divisions (A)(10) and (11) of this
section, sanctions shall not be imposed against any certificate holder who
waives deductibles and copayments:
| (1) |
In compliance with the health benefit plan that
expressly allows such a practice. Waiver of the deductibles or copays shall be
made only with the full knowledge and consent of the plan purchaser, payer, and
third-party administrator. Such consent shall be made available to the board
upon request. |
| (2) |
For professional services rendered to any other person
holding a certificate issued pursuant to this chapter to the extent allowed by
this chapter and the rules of the board. |
|
| (D) |
Except as provided in section 4783.10 of the Revised
Code, before the board may deny, suspend, or revoke a certificate under this
section, or otherwise discipline the holder of a certificate, written charges
shall be filed with the board by the secretary and a hearing shall be had
thereon in accordance with Chapter 119. of the Revised Code. |
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
On receipt of a complaint that any of the grounds
listed in division (A) of section 4783.09 of the Revised Code exist, the state
board of psychology may suspend the certificate of the certified Ohio behavior
analyst prior to holding a hearing in accordance with Chapter 119. of the
Revised Code if it determines, based on the complaint, that an immediate threat
to the public exists.
After suspending a certificate pursuant to this
section, the board shall notify the certified Ohio behavior analyst of the
suspension in accordance with section 119.07 of the Revised Code. If the
individual whose certificate is suspended fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall enter a
final order permanently revoking the individual's certificate.
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
| (A) |
Except as provided in division (B) of this section,
if, at the conclusion of a hearing required by section 4783.09 of the Revised
Code, the state board of psychology determines that a certified Ohio behavior
analyst has engaged in sexual conduct or had sexual contact with the certified
Ohio behavior analyst's patient or client in violation of any prohibition
contained in Chapter 2907. of the Revised Code, the board shall do one of the
following:
| (1) |
Suspend the certified
Ohio behavior analyst's certificate; |
| (2) |
Permanently revoke the certified Ohio behavior
analyst's certificate. |
|
| (B) |
If the board determines at the conclusion of the
hearing that neither of the sanctions described in division (A) of this section
is appropriate, the board shall impose another sanction it considers
appropriate and issue a written finding setting forth the reasons for the
sanction imposed and the reason that neither of the sanctions described in
division (A) of this section is appropriate. |
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
On receipt of a notice pursuant to section 3123.43 of
the Revised Code, the state board of psychology shall comply with sections
3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code with respect to a certificate issued
pursuant to this chapter.
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
The state board of psychology shall comply with
section 4776.20 of the Revised Code.
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Whoever violates division (A) of section 4783.02 of
the Revised Code shall be fined not less than one hundred dollars nor more than
five hundred dollars or imprisoned for not less than six months nor more than
one year, or both. Each violation shall be a separate offense.
Added by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.