Subchapter I. BEHAVIOR SPECIALISTS
Sec.
18.521. Purpose.
18.522. Definitions.
18.523. Application for licensure as behavior specialist.
18.524. Criteria for licensure as behavior specialist.
18.525. Renewal of licensure as behavior specialist.
18.526. Inactive status of licensure as behavior specialist.
18.527. Disciplinary action for licensed behavior specialist.
Authority The provisions of this Subchapter I issued under sections 8 and 25 of the Medical Practice Act of 1985 (63 P.S. § § 422.8 and 422.25) and under section 635.2(g) of The Insurance Company Law of 1921 (40 P.S. § 764h(g)).
Source The provisions of this Subchapter I adopted May 25, 2012, effective May 26, 2012, 42 Pa.B. 2955.
§ 18.521. Purpose.
This subchapter implements section 635.2(g) of The Insurance Company Law of 1921 (40 P. S. § 764h(g)) to provide for the licensure of behavior specialists. To the extent that an individual holds a professional license whose scope of practice includes the diagnostic assessment or treatment of autism spectrum disorders, this subchapter is not intended to require dual licensure, impact the licensee’s scope of practice or impact the licensee’s ability to qualify as a participating provider.
§ 18.522. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Applied behavioral analysis—The design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior or to prevent loss of attained skill or function, which includes:(i) The use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(ii) The attempt to solve behavior challenges using evidence-based principles and practices of learning and behavior.
(iii) The analysis of the relationship between a stimulus, consequence or other variable as defined in this section. The changes of stimuli, consequences or other variables may occur individually, as a combination or in relationship with each other. The change of stimuli, consequences or other variables may be external or internal to the person whose behavior is being analyzed.
Autism spectrum disorders—Any of the pervasive developmental neurobehavioral disorders defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, or its successor, including autistic disorder, Asperger’s disorder and pervasive developmental disorder not otherwise specified.
BACB—The Behavior Analyst Certification Board.
BAS—The Bureau of Autism Services of the Department of Public Welfare.
Behavior challenges—Symptoms that include impairment in reciprocal social interaction, qualitative impairment in communication, the presence of internalizing or externalizing behaviors such as suicidal ideation, self-injurious behaviors, aggression, destructive or disruptive behaviors, isolation and social withdrawal, ritualistic repetitive and stereotypic patterns of behaviors, or extreme difficulty in adapting to change and transition.
Behavior specialist—An individual who designs, implements or evaluates a behavior modification intervention component of a treatment plan, including those based on applied behavioral analysis, to produce socially significant improvements in human behavior or to prevent loss of attained skill or function, through skill acquisition and the reduction of problematic behavior.
Consequence—A resulting directly measurable change of a person’s behavior produced by a change in a stimulus or stimuli.
Diagnostic assessment of autism spectrum disorders—Medically necessary assessments, evaluations or tests performed by a licensed physician, licensed physician assistant, licensed psychologist or certified registered nurse practitioner to diagnose whether an individual has an autism spectrum disorder.
Stimulus—An event, circumstance or condition that can be changed or does change based upon the behavior specialist’s manipulation.
Treatment plan—A plan for the treatment of autism spectrum disorders developed by a licensed physician or psychologist pursuant to a comprehensive evaluation or reevaluation performed in a manner consistent with the most recent clinical report or recommendations of the American Academy of Pediatrics.
Variables—An observed or manipulable condition which can be changed or does change and a directly measurable change of a person’s behavior produced by the change.§ 18.523. Application for licensure as behavior specialist.
(a) An applicant for licensure as a behavior specialist shall submit, on forms made available by the Board, a completed application, including all necessary supporting documents, for licensure as a behavior specialist and pay the fee in § 16.13(i) (relating to licensure, certification, examination and registration fees) for application for licensure as a behavior specialist.
(1) Among the supporting documents, the applicant shall submit, or cause to be submitted, to the Board:
(i) A criminal history record information report completed by the Pennsylvania State Police or the state police for each state in which the applicant currently resides or works and has resided or worked during the previous 10 years completed no more than 90 days prior to the date the application is received in the Board office.
(ii) A child abuse history clearance completed by the Department of Public Welfare or equivalent agency for each state in which the applicant currently resides or works and has resided or worked during the previous 10 years completed no more than 90 days prior to the date the application is received in the Board office.
(iii) A Federal Bureau of Investigation criminal justice information services criminal record completed no more than 90 days prior to the date the application is received in the Board office.
(iv) Verification of having completed at least 3 hours of approved training in child abuse recognition and reporting in accordance with § 16.108(a) (relating to child abuse recognition and reporting—mandatory training requirement).
(2) The applicant shall provide updates to documents in possession of the Board for more than 6 months while the application remains pending.
(b) Except as otherwise provided in subsections (c) and (d), the Board will license as a behavior specialist an applicant who demonstrates that the applicant satisfies the requirements of section 635.2(g)(2) of The Insurance Company Act of 1921 (40 P. S. § 764h(g)(2)) for registration as a behavior specialist, as provided in § 18.524 (relating to criteria for licensure as behavior specialist), and otherwise complies with this subchapter.
(c) The Board may deny an application for licensure as a behavior specialist upon the grounds for disciplinary action in § 18.527 (relating to disciplinary action for licensed behavior specialist).
(d) The Board will not grant an application for licensure as a behavior specialist of an applicant who:
(1) Has been convicted of a felony offense as provided in section 635.2(g)(3) of The Insurance Company Act of 1921 unless at least 10 years have elapsed from the date of conviction and the applicant has satisfactorily demonstrated to the Board that the applicant has made significant progress in personal rehabilitation since the conviction that licensure of the applicant should not be expected to create a substantial risk of harm to the health and safety of the applicant’s patients or the public or a substantial risk of further criminal violations.
(2) Has been convicted of, entered a plea of guilty to or adjudicated delinquent of a crime for which the applicant has been required to register under 42 Pa.C.S. Chapter 97, Subchapter H (relating to registration of sexual offenders), known as Megan’s Law, without regard to the time elapsed since the date of the conviction, plea or adjudication or the length of the registration required under Megan’s Law. As used in this paragraph, ‘‘convicted’’ includes a judgment, an admission of guilt or plea of nolo contendre.
(3) Has failed to satisfy the Board that the applicant is of good moral character.
Authority The provisions of this § 18.523 amended under section 8 of the Medical Practice Act of 1985 (63 P.S. § 422.8); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 18.523 amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1899. Immediately preceding text appears at serial pages (361227) to (361228).
§ 18.524. Criteria for licensure as behavior specialist.
(a) An applicant for licensure as a behavior specialist shall satisfy the Board that the applicant is of good moral character and has received a master’s or higher degree from a Board-approved, accredited college or university, including a major course of study in at least one of the following:
(1) School, clinical, developmental or counseling psychology.
(2) Special education.
(3) Social work.
(4) Speech therapy.
(5) Occupational therapy.
(6) Professional counseling.
(7) Behavioral analysis.
(8) Nursing.
(9) Another related field.
(b) An applicant for licensure as a behavior specialist shall have at least 1 year of experience involving functional behavior assessments of individuals under 21 years of age, including the development and implementation of behavioral supports or treatment plans.
(c) An applicant for licensure as a behavior specialist shall have completed at least 1,000 hours of in-person clinical experience with individuals with behavioral challenges or at least 1,000 hours of experience in a related field with individuals with autism spectrum disorders.
(d) An applicant for licensure as a behavior specialist shall have completed 90 hours of course work in evidence-based practices from an accredited college or university or training approved by the BACB or the BAS as follows:
(1) Three hours of professional ethics approved by the BAS.
(2) Eighteen hours of autism-specific coursework or training.
(3) Sixteen hours of assessments coursework or training.
(4) Sixteen hours of instructional strategies and best practices.
(5) Eight hours of crisis intervention.
(6) Eight hours of comorbidity and medications.
(7) Five hours of family collaboration.
(8) Sixteen hours of addressing specific skill deficits training.
(e) Coursework under this section may be attended face-to-face instructor-led or online distance education and include:
(1) Hours completed during a master’s degree, post-master’s certificate or higher program as noted in a course syllabus.
(2) BACB continuing education credits.
(3) BAS-approved training with associated tests and corresponding course evaluations.
Cross References This section cited in 49 Pa. Code § 18.523 (relating to application for licensure as behavior specialist); and 55 Pa. Code § 5240.81 (relating to staff qualifications for ABA services).
§ 18.525. Renewal of licensure as behavior specialist.
(a) A license issued under this subchapter expires on December 31 of the even-numbered year unless renewed for the next biennium.
(b) Biennial renewal forms and other forms and literature to be distributed by the Board will be forwarded to the last address on file with the Board.
(c) To retain licensure as a behavior specialist, the licensee shall renew the license in the manner prescribed by the Board and pay the required biennial renewal fee specified in § 16.13(i) (relating to licensure, certification, examination and registration fees) prior to the expiration of the current biennium.
(d) To renew licensure as a behavior specialist, the licensee shall apply on forms made available by the Board, fully answer all questions and pay the current renewal fee specified in § 16.13(i).
(e) As a condition of biennial renewal, a licensee shall complete at least 2 hours of approved training in child abuse recognition and reporting in accordance with § 16.108(b) (relating to child abuse recognition and reporting—mandatory training requirement).
Authority The provisions of this § 18.525 amended under section 8 of the Medical Practice Act of 1985 (63 P.S. § 422.8); and 23 Pa.C.S. § 6383(b)(2).
Source The provisions of this § 18.525 amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1899. Immediately preceding text appears at serial page (398561).
§ 18.526. Inactive status of licensure as behavior specialist.
(a) Licensure as a behavior specialist will become inactive upon either of the following:
(1) The licensee in writing affirmatively requests the Board to place the license on inactive status. Written confirmation of inactive status will be forwarded to the licensee.
(2) The licensee fails to renew the license by the expiration of the renewal period.
(b) To reactivate an inactive license, the licensee shall apply on forms made available by the Board, answer all questions fully and pay the current renewal fee, if not previously paid, and the reactivation application fee specified in § 16.13(i) (relating to licensure, certification, examination and registration fees).
§ 18.527. Disciplinary action for licensed behavior specialist.
Under section 635.2(g)(1) of The Insurance Company Law of 1921 (40 P. S. § 764h(g)(1)), a licensed behavior specialist is subject to the disciplinary provisions applicable to medical doctors as set forth in the act. Following a final determination subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with 2 Pa.C.S. (relating to administrative law and procedure), the Board may impose any of the corrective actions of section 42 of the act (63 P. S. § 422.42) upon a licensed behavior specialist who commits any act for which the Board would be authorized to take disciplinary action against a medical doctor under section 41 of the act (63 P. S. § 422.41), including unprofessional or immoral conduct as defined in § 16.61 (relating to unprofessional and immoral conduct).
Cross References This section cited in 49 Pa. Code § 18.523 (relating to application for licensure as behavior specialist).
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