Section 337.315

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 337

Effective - 28 Aug 2018, 3 histories   

  337.315.  Intervention requirements — licensure requirements — temporary licenses — provisional license — practice of applied behavior analysis — violation, penalty. — 1.  An applied behavior analysis intervention shall produce socially significant improvements in human behavior through skill acquisition, increase or decrease in behaviors under specific environmental conditions and the reduction of problematic behavior.  An applied behavior analysis intervention shall:

  (1)  Be based on empirical research and the identification of functional relations between behavior and environment, contextual factors, antecedent stimuli and reinforcement operations through the direct observation and measurement of behavior, arrangement of events and observation of effects on behavior, as well as other information gathering methods such as record review and interviews; and

  (2)  Utilize changes and arrangements of contextual factors, antecedent stimuli, positive reinforcement, and other consequences to produce behavior change.

  2.  Each person wishing to practice as a licensed behavior analyst shall:

  (1)  Submit a complete application on a form approved by the committee, which shall include a statement that the applicant has completed two hours of suicide assessment, referral, treatment, and management training;

  (2)  Pay all necessary fees as set by the committee;

  (3)  Submit a two-inch or three-inch photograph or passport photograph taken no more than six months prior to the application date;

  (4)  Provide two classified sets of fingerprints for processing by the Missouri state highway patrol under section 43.543.  One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files;

  (5)  Have passed an examination and been certified as a board-certified behavior analyst by a certifying entity, as defined in section 337.300;

  (6)  Provide evidence of active status as a board-certified behavior analyst; and

  (7)  If the applicant holds a license as a behavior analyst in another state, a statement from all issuing states verifying licensure and identifying any disciplinary action taken against the license holder by that state.

  3.  Each person wishing to practice as a licensed assistant behavior analyst shall:

  (1)  Submit a complete application on a form approved by the committee;

  (2)  Pay all necessary fees as set by the committee;

  (3)  Submit a two-inch or three-inch photograph or passport photograph taken no more than six months prior to the application date;

  (4)  Provide two classified sets of fingerprints for processing by the Missouri state highway patrol under section 43.543.  One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files;

  (5)  Have passed an examination and been certified as a board-certified assistant behavior analyst by a certifying entity, as defined in section 337.300;

  (6)  Provide evidence of active status as a board-certified assistant behavior analyst;

  (7)  If the applicant holds a license as an assistant behavior analyst in another state, a statement from all issuing states verifying licensure and identifying any disciplinary action taken against the license holder by that state; and

  (8)  Submit documentation satisfactory to the committee that the applicant will be directly supervised by a licensed behavior analyst in a manner consistent with the certifying entity.

  4.  The committee shall be authorized to issue a temporary license to an applicant for a behavior analyst license or assistant behavior analyst license upon receipt of a complete application, submission of a fee as set by the committee by rule for behavior analyst or assistant behavior analyst, and a showing of valid licensure as a behavior analyst or assistant behavior analyst in another state, only if the applicant has submitted fingerprints and no disqualifying criminal history appears on the family care safety registry.  The temporary license shall expire upon issuance of a license or denial of the application but no later than ninety days from issuance of the temporary license.  Upon written request to the committee, the holder of a temporary license shall be entitled to one extension of ninety days of the temporary license.

  5.  (1)  The committee shall, in accordance with rules promulgated by the committee, issue a provisional behavior analyst license or a provisional assistant behavior analyst license upon receipt by the committee of a complete application, appropriate fee as set by the committee by rule, and proof of satisfaction of requirements under subsections 2 and 3 of this section, respectively, and other requirements established by the committee by rule, except that applicants for a provisional license as either a behavior analyst or assistant behavior analyst need not have passed an examination and been certified as a board-certified behavior analyst or a board-certified assistant behavior analyst to obtain a provisional behavior analyst or provisional assistant behavior analyst license.

  (2)  A provisional license issued under this subsection shall only authorize and permit the licensee to render behavior analysis under the supervision and the full professional responsibility and control of such licensee's licensed supervisor.

  (3)  A provisional license shall automatically terminate upon issuance of a permanent license, upon a finding of cause to discipline after notice and hearing under section 337.330, upon termination of supervision by a licensed supervisor, or upon the expiration of one year from the date of issuance of the provisional license, whichever first occurs.  The provisional license may be renewed after one year, with a maximum issuance of two years.  Upon a showing of good cause, the committee by rule shall provide procedures for exceptions and variances from the requirement of a maximum issuance of two years.

  6.  No person shall hold himself or herself out to be licensed behavior analysts or LBA, provisionally licensed behavior analyst or PLBA, provisionally licensed assistant behavior analyst or PLABA, temporary licensed behavior analyst or TLBA, or temporary licensed assistant behavior analyst or TLaBA, licensed assistant behavior analysts or LaBA in the state of Missouri unless they meet the applicable requirements.

  7.  No persons shall practice applied behavior analysis unless they are:

  (1)  Licensed behavior analysts;

  (2)  Licensed assistant behavior analysts working under the supervision of a licensed behavior analyst;

  (3)  An individual who has a bachelor's or graduate degree and completed course work for licensure as a behavior analyst and is obtaining supervised field experience under a licensed behavior analyst pursuant to required supervised work experience for licensure at the behavior analyst or assistant behavior analyst level;

  (4)  Licensed psychologists practicing within the rules and standards of practice for psychologists in the state of Missouri and whose practice is commensurate with their level of training and experience;

  (5)  Provisionally licensed behavior analysts;

  (6)  Provisionally licensed assistant behavior analysts;

  (7)  Temporary licensed behavior analysts; or

  (8)  Temporary licensed assistant behavior analysts.

  8.  Notwithstanding the provisions in subsection 6 of this section, any licensed or certified professional may practice components of applied behavior analysis, as defined in section 337.300 if he or she is acting within his or her applicable scope of practice and ethical guidelines.

  9.  All licensed behavior analysts and licensed assistant behavior analysts shall be bound by the code of conduct adopted by the committee by rule.

  10.  Licensed assistant behavior analysts shall work under the direct supervision of a licensed behavior analyst as established by committee rule.

  11.  Persons who provide services under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400, et seq., or Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, or are enrolled in a course of study at a recognized educational institution through which the person provides applied behavior analysis as part of supervised clinical experience shall be exempt from the requirements of this section.

  12.  A violation of this section shall be punishable by probation, suspension, or loss of any license held by the violator.

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(L. 2010 H.B. 1311 & 1341, A.L. 2012 H.B. 1563, A.L. 2018 H.B. 1719)