WSR 17-07-114
[Filed March 21, 2017, 2:23 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-02-007.
Title of Rule and Other Identifying Information: Chapter 246-805 WAC, creating new WAC 246-805-240 Licensed assistant behavior analystContinuing supervision, to address continuing supervision for licensed assistant behavior analysts; and new WAC 246-805-020 Supervision disclosure, to address supervision disclosure and documentation for licensed assistant behavior analysts and certified behavior technicians.
Hearing Location(s): Department of Health, Point Plaza East, Room 153, 310 Israel Road S.E., Tumwater, WA 98501, on April 27, 2017, at 10:00 a.m.
Date of Intended Adoption: May 10, 2017.
Submit Written Comments to: Brett Lorentson, Washington State Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, email, fax (360) 236-2901, by April 27, 2017.
Assistance for Persons with Disabilities: Contact Brett Lorentson by April 20, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal creates two new sections in rule to chapter 246-805 WAC, Applied behavior analysis (ABA). WAC 246-805-240 set[s] enforceable standards for supervision to increase the likelihood of clients receiving competent and safe services from a licensed assistant behavior analyst (LABA). WAC 246-805-020 requires LABAs and certified behavior technicians (CBT) to make ABA clients, and their parents where appropriate, aware that the LABA or CBT is providing services under supervision.
Reasons Supporting Proposal: Establishing supervision requirements in rule sets enforceable standards that are expected to increase the likelihood that clients will receive effective and safe ABA services.
Statutory Authority for Adoption: RCW 18.380.050.
Statute Being Implemented: Chapter 18.380 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brett Lorentson, 111 Israel Road S.E., Tumwater, WA 98504-7852, (360) 236-4611.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Brett Lorentson, Department of Health, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4611, fax (360) 236-2901, email
March 21, 2017
John Wiesman, DrPH, MPH
WAC 246-805-020 Supervision disclosure.
Supervision disclosure. Prior to providing services to a client, an LABA and CBT must disclose in writing the supervisor's name and contact information.
Documentation of disclosure must be maintained in the client file.
WAC 246-805-240 Licensed assistant behavior analystContinuing supervision.
(1) A LABA must work under the supervision of a LBA for each client receiving ABA services.
(2) A supervisor shall:
(a) Hold an active license in good standing as a Washington state LBA; and
(b) Be responsible and accountable for the services a LABA provides to clients.
(3) The LABA and the supervisor must develop a supervision agreement before the LABA begins to provide any behavior analytic tasks. A copy of the supervision agreement must be maintained by both the supervisor and LABA. The supervision agreement must include, but not be limited to:
(a) Duties and responsibilities the LABA will perform;
(b) Mechanism for reporting caseload to supervisor;
(c) Type and frequency of supervision; and
(d) Signature of both the supervisor and supervisee.
(4) The supervisor shall review the LABA's progress with the LABA at least every six months.
(5) The supervision shall include:
(a) At least one face-to-face contact per month with the LABA. Face-to-face contact may occur in person or by videoconferencing, and may include small group interaction; and
(b) Visually observing the LABA with clients on a quarterly basis for at least one treatment session. Observation may occur in person or by videoconferencing.