Missouri Revised Statutes
Chapter 337
Psychologists--Professional Counselors--Social Workers
←337.310
Section 337.315.1
337.320→
August 28, 2015
Intervention requirements--licensure requirements--temporary licenses--provisional license--practice of applied behavior analysis--violation, penalty.
337.315. 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;
(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.
(L. 2010 H.B. 1311 & 1341, A.L. 2012 H.B. 1563)
2010
2010
337.315. 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;
(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 for behavior analyst or
assistant behavior analyst or a showing of valid licensure as a 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. No person shall hold himself or herself out to be licensed
behavior analysts or LBA, licensed assistant behavior analysts or LaBA in
the state of Missouri unless they meet the applicable requirements.
6. 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; or
(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.
7. 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.
8. All licensed behavior analysts and licensed assistant behavior
analysts shall be bound by the code of conduct adopted by the committee by
rule.
9. Licensed assistant behavior analysts shall work under the direct
supervision of a licensed behavior analyst as established by committee
rule.
10. 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.
11. A violation of this section shall be punishable by probation,
suspension, or loss of any license held by the violator.
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