WSR 18-02-068

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed January 2, 2018, 9:46 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 17-13-128.

Title of Rule and Other Identifying Information: Chapter 246-805 WAC, Applied behavior analysis, the department of health is proposing adding two new sections to the chapter to establish enforceable requirements: WAC 246-805-400 Continuing education requirements for a licensed behavior analyst (LBA) and licensed assistant behavior analyst (LABA) and 246-805-410 Continuing competency for a certified behavior technician (CBT).

Hearing Location(s): On February 7, 2018, at 10:00 a.m., at the Department of Health, Point Plaza East, Room 152, 310 Israel Road S.E., Tumwater, WA 98501.

Date of Intended Adoption: February 21, 2018.

Submit Written Comments to: Brett Lorentson, Applied Behavior Analysis (ABA), P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by February 7, 2018.

Assistance for Persons with Disabilities: Contact Brett Lorentson, phone 360-236-4611, TTY 360-833-6388 or 711, email Brett.Lorentson@doh.wa.gov, by February 2, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 18.380.110 gives the secretary the authority to establish continuing education or competency requirements through rule making. Completing continuing education and continuing competency requirements will help ABA providers to acquire knowledge and skills that will help them maintain professional competency, which will assist with providing competent ABA services to clients.

Reasons Supporting Proposal: The secretary recently adopted rules to create three new ABA credentials: LBA, LABA, and CBT. Continuing education is intended to enhance the professional competency of ABA providers.

Statutory Authority for Adoption: RCW 18.380.110.

Statute Being Implemented: RCW 18.380.110.

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.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Brett Lorentson, ABA, P.O. Box 47852, Olympia, WA 98504-7852, phone 360-236-4611, fax 360-236-2901, TTY 360-833-6388 or 711, email Brett.Lorentson@doh.wa.gov.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rules do not impact businesses.

December 29, 2017

John Wiesman, DrPH, MPH

Secretary

NEW SECTION

WAC 246-805-400 Continuing education requirements for an LBA and LABA.

An LBA or LABA must attest to completing the continuing education (CE) requirements in this section as a condition of renewing the license every two years. CE must be completed during the first full CE reporting period after July 1, 2018.

(1) Maintaining certification from the BACB or another national certification board approved by the secretary that requires CE as part of certification meets CE requirements as described in this section.

(2) An LBA shall complete a minimum of thirty-two hours of CE related to the practice of applied behavior analysis.

(a) A minimum of twenty hours of activities must directly address:

(i) Behavior analytic skill development; and

(ii) Current practices in clinical practice of applied behavior analysis.

(b) At least four hours must pertain to professional ethics and boundaries of a behavior analyst.

(c) No more than eight hours may be in professional development activities that enhance the licensee's business practice as an LBA.

(3) An LABA shall complete twenty hours of CE related to the practice of applied behavior analysis.

(a) A minimum of ten hours of activities must directly address:

(i) Behavior analytic skill development; and

(ii) Current practices in clinical practice of applied behavior analysis.

(b) At least four hours must pertain to professional ethics and boundaries of a behavior analyst.

(c) No more than six hours may be in professional development activities that enhance the licensee's business practice as an LABA.

(4) Fifty minutes of CE contact time or direct instruction is equivalent to one CE hour.

(5) The CE hours must be obtained through one or more of the following:

(a) Courses from a college or university accredited by the United States Department of Education may meet all of the required CE hours.

(i) One academic semester credit is equivalent to fifteen CE hours.

(ii) One academic quarter credit is equivalent to ten CE hours.

(b) Courses from a CE provider.

(i) Courses from providers approved by the BACB or a national certification board affiliated with behavior analysis approved by the secretary may meet all of the required CE hours.

(ii) Courses from providers not approved by a national certification board affiliated with behavior analysis may meet no more than eight CE hours.

(i) College or university instruction may meet no more than sixteen CE hours.

(ii) Any other type of instruction may meet no more than eight CE hours.

(iii) Repeated instruction in the same course may only qualify for CE credit one time in a single CE reporting period.

(iv) Instruction must be related to applied behavior analysis.

(d) The following activities are eligible for up to eight CE hours and only count during the CE time period when the article was published or reviewed:

(i) Publication of an applied behavior analysis article in a peer-reviewed journal is equivalent to eight CE hours;

(ii) Completion of reviewing an applied behavior analysis article for a peer-reviewed journal is equivalent to one CE hour; or

(iii) Serving as an action editor of an applied behavior analysis article for a peer-reviewed journal is equivalent to one CE hour.

(6) An LBA and LABA shall comply with the requirements of chapter 246-12 WAC, Part 7; and shall keep and provide CE documentation upon request. Acceptable documentation depends on the CE activity and includes:

(a) Course syllabus and transcript from college or university;

(b) Certificate or letter from a CE provider that includes the course topic and CE hours completed;

(c) Title, description, and dates of course of instruction on a letter from the academic institution or education provider;

(d) Copy of the final publication of article listing the credential holder as the author;

(e) Letter of attestation from the action editor reporting the credential holder's name as a reviewer of an applied behavior analysis article; or

(f) Editorial decision letter reporting the credential holder's name as an action editor of an applied behavior analysis article.

NEW SECTION

WAC 246-805-410 Continuing competency requirements for a CBT.

A CBT must attest to completing the continuing competency requirements in this section as a condition of renewing the certification. The requirements in this section are effective for a certification renewed on or after July 1, 2018.

(1) A CBT must complete continuing education or demonstrate continuing competency by either:

(a) Maintaining certification from the BACB or another national certification board approved by the secretary; or

(b) Within three months prior to renewal obtaining an assessment by an LBA or LABA or otherwise qualified supervisor on performance or demonstration of the following applied behavior analysis tasks:

(i) Measurement;

(ii) Assessment;

(iii) Skill acquisition;

(iv) Behavior reduction;

(v) Documentation and reporting; and

(vi) Professional conduct and scope of practice.

(2) A CBT shall keep and provide documentation upon request.

(3) A CBT shall comply with the requirements of chapter 246-12 WAC, Part 7.