Portal Submission

A newly certified BCBA is preparing to begin services in Arizona but has not yet obtained their LBA license. I want to clarify what activities they may or may not engage in before the license is granted, and what oversight is required to remain within ethical guidelines and state regulations. This relates to 1.01 (Being Truthful) in accurately representing credentials to clients and 1.05 (Practicing within Scope of Competence) in ensuring services are only delivered under proper authorization.

The BCBA has passed the BACB exam and intends to work in a clinical setting. They have submitted their Arizona LBA application but are awaiting approval. We want to ensure there is no misrepresentation of licensure status to clients, payors, or staff, and that all services provided before licensure comply with Arizona Board of Psychologist Examiners rules. The goal is to proactively confirm state and ethical requirements. We also want to determine what elements should be included in their contract to ensure compliance with the BACB Ethics Code and Arizona licensure laws.

Response

The Committee would like to commend the submitter on their proactive approach to ensuring they and those they are responsible for are adhering to practice guidelines. It is recommended that the submitter revisit the Ethics Code for Behavior Analysts and review codes 1.02-1.04, 2.06, 2.11, 3.11, 4.01-4.06, and 5.01 for additional responsibilities related to overseeing Behavior Analyst Trainees in Arizona. The Committee is aligned with the proposed solutions and would like to provide additional points for consideration below.

• In the development of an internal supervision plan:
• • Ensure that clinical support is provided more robustly than document reviews, such as with 1:1 meetings, direct overlaps during service delivery, and fidelity checks.
  • This supervision must meet the requirements of the current BACB standards for trainees. This includes but is not limited to a contract in place with supervisors, minimum requirements for supervision percentages, client observations, and no more than 50% supervision provided in a group format. Reference the BACB handbook for supervised fieldwork experience for complete requirements.
• Review the following resources to ensure compliance with all regulatory and payor requirements:
• • The Ethics Code for Behavior Analysts (2022) from the Behavior Analyst Certification Board https://www.bacb.com/ethics-information/ethics-codes/
  • Applied Behavior Analysis Practice Guidelines for the Treatment of Autism Spectrum Disorder (3^rd ed.) from the Council of Autism Service Providers https://www.casproviders.org/asd-guidelines
  • ABA Coding Coalition https://abacodes.org/
  • Arizona Board of Psychologist Examiners Substantive Policy Statement No. SP.08-19 https://psychboard.az.gov/resources/statutes-and-rules
  • Your organization’s specific payer requirements and expectations around billing practices for a Behavior Analyst Trainee

Applicable Ethics Codes:

• 1.01 Being Truthful
• 1.02 Conforming with Legal and Professional Requirements
• 1.03 Accountability
• 1.04 Practicing with a Defined Role
• 2.06 Accuracy in Service Billing and Reporting
• 2.11 Obtaining Informed Consent
• 3.11 Documenting Professional Activity
• 4.01 Compliance with Supervision Requirements
• 4.04 Accountability in Supervision
• 4.05 Maintaining Supervision Documentation
• 4.06 Providing Supervision and Training
• 5.01 Protecting the Rights of Clients, Stakeholders, Supervisees, and Trainees
• A.R.S. § 32-2091