(A) Oversight of the treatment plan. An
applied behavior analysis treatment plan will typically be delivered through a
tiered structure using the services of supervisees, such as behavioral
technicians or assistants, acting under the authority and direction of a
certified Ohio behavior analyst. Non-supervisees such as family members,
community care workers, teachers, and direct care providers, might also, upon
agreement by the client and based on the professional judgment of the certified
Ohio behavior analyst, be included in various capacities in the treatment plan.
The certified Ohio behavior analyst shall exercise and retain oversight of the
implementation of the treatment plan by both supervisees and
non-supervisees.
(1) If in the
professional judgment of the certified Ohio behavior analyst the individuals
delivering the treatment plan are not competent or are unwilling to follow the
treatment plan, the certified Ohio behavior analyst is responsible for
retraining on the treatment plan, modifying the treatment plan, or if
necessary, discontinuing the treatment plan.
(2) The certified Ohio
behavior analyst has more specific responsibilities for supervisees working
directly under the authority and direction of the certified Ohio behavior
analyst, pursuant to paragraph (C) of this rule.
(B) Establishment of the supervision
plan. The certified Ohio behavior analyst shall develop a supervision plan as a
part of each client treatment plan for applied behavior analysis
services.
(1) The supervision plan
as defined in paragraph (R) of rule 4783-3-01 of the Administrative Code shall
include the names of all supervisees and non-supervisees implementing the
treatment plan, their relationship with the client and their responsibilities
relative to the implementation of the treatment plan.
(2) The supervision plan
shall specify the amount and type of individual and/or group training and
supervision that will be provided to the individuals implementing the treatment
plan.
(3) The supervision plan
may incorporate any applicable professional training standards required for the
supervisee to earn any national certification or state licensure or
certification.
(C) Responsibilities of the
supervisor
(1) The structure and
process of supervision shall depend on the treatment goals, procedures and
interventions, treatment setting, the training and experience of the
supervisees and other providers, client caseload, treatment progress, and risk
to the service recipient, either from the intervention or from the behavior(s)
of concern.
(2) At a minimum,
supervision shall include:
(a) Consultation with the supervisee(s) prior to the
initiation of the treatment plan.
(b) Training regarding implementation of the treatment
plan, data collection regarding effectiveness, and measurement of client
progress.
(c) Consultation with the supervisee(s) prior to the
modification of the treatment plan.
(d) Periodic direct observation of each supervisee
implementing assessment and treatment procedures with clients, with performance
evaluation and additional instruction as necessary.
(3) The frequency and
intensity of face-to-face supervision shall be determined by the certified Ohio
behavior analyst based upon the supervisee's credentials, experience,
familiarity with the treatment plan, and by the responsibilities delegated, as
well as any applicable professional training standards required for the
supervisee to earn any national certification or state licensure or
certification.
(4) A certified Ohio
behavior analyst is responsible for determining the competencies of the
individuals implementing the treatment plan and shall not delegate to any
supervisee tasks that the individual is not competent to perform.
(5) The certified Ohio
behavior analyst shall be responsible for the outcome of the treatment plan and
for providing the necessary supervision to protect the health and welfare of
clients.
(6) The certified Ohio
behavior analyst shall retain responsibility for referrals of clients to other
professionals.
(7) A certified Ohio
behavior analyst shall not assume supervisory responsibility for work that
he/she is not personally competent to deliver.
(8) Before initiating
applied behavior analysis services, the certified Ohio behavior analyst shall
inform the client of the different roles and responsibilities of the
supervisees, family members, community care workers, teachers, and direct care
providers and others as to the implementation of the treatment
plan.
(a) A supervisor has full responsibility to document in
writing that each client is clearly informed of the roles and responsibilities
of each supervisee and non-supervisee implementing the plan.
(b) The client shall be informed of the right to access the
certified Ohio applied behavior analyst to discuss the treatment plan or review
concerns.
(9) A certified Ohio behavior analyst
shall not provide supervision to any person with whom he/she has a relationship
that might impair the objectivity, judgment, and/or competence of the certified
Ohio behavior analyst.
(a) A certified Ohio behavior analyst shall not designate
as a supervisee any person who has administrative or funding authority over
him/her. It is understood that parents or legal guardians may be part of
implementing a treatment plan that is supervised by a certified Ohio behavior
analyst.
(b) There should be no direct family relationship between a
certified Ohio behavior analyst and a supervisee.
(10) A certified Ohio behavior analyst
shall not supervise any person who he/she knows is illegally providing applied
behavior analysis services to the public either within or outside of the
supervisory relationship.
(11) A certified Ohio behavior analyst
shall keep records of supervision. These records shall include supervision
plans for each client treatment plan, dates of training on treatment plans,
procedures, and interventions, and the supervision provided when treatment
plans are reviewed or modified. These records shall be maintained for a period
of five years following the termination of supervision and shall be made
available to the board upon request.
(12) A supervisor shall not engage in
sexual intercourse or other sexual intimacies with any supervisee or engage in
sexual harassment or any verbal or nonverbal conduct that is sexual in nature
with a supervisee, family member, community care worker, teacher, or direct
care provider implementing the treatment plan.
(13) A supervisor shall not exploit a
supervisee for financial gain or with excessive work demands.
(14) The violation of any statute or rule
of the board by a supervisee may result in an investigation of the adequacy of
the supervision.