Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 319C
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
319C.050 and
319.060 require the
Applied Behavior Analysis Licensing Board to promulgate administrative
regulations establishing licensure requirements and licensure and renewal fees.
This administrative regulation establishes requirements relating to for
inactive and retired status.
Section
1. Conditions for Inactive Status. Inactive status may be granted
to a licensee who is currently not working as a behavior analyst or assistant
behavior analyst within the Commonwealth of Kentucky but intends to resume
providing those services in the future.
Section
2. Application for Inactive Status.
(1) A licensee requesting inactive status
shall submit a completed"Application for Inactive or Retired Status", Form
ABA-005, to the board and include the following information:
(a) Current home address, email address, and
phone number;
(b) Final date of
employment in the practice of applied behavior analysis within the Commonwealth
of Kentucky; and
(c) Anticipated
date of return to employment in the practice of applied behavior analysis
within the Commonwealth of Kentucky.
(2) Terms and Responsibilities. Individuals
on inactive status shall:
(a) Continue to
receive general licensure updates from the board; and
(b) Comply with the code of ethical standards
as established in
201
KAR 43:040.
Section 3. Reactivation Requirement for
Inactive Status. A licensee seeking restoration to active status shall:
(1) Notify the board prior to returning to
practice in Kentucky by submitting a Renewal and Reinstatement Application,
Form ABA-004, incorporated by reference in
201 KAR 43:080 and
paying the required fees as established in
201 KAR 43:030, including a
reinstatement fee.
(2) A licensee
seeking reinstatement shall also meet certification and licensure requirements
as provided in
KRS
319C.080 and show an active BCBA
certification.
(3) Individuals on
inactive status shall not practice or use state licensure initials, including
LBA, LaBA, TLBA, and TLaBA.
(4)
Failure to complete reinstatement of a license prior to practicing applied
behavior analysis in Kentucky shall constitute a violation of the Kentucky
Applied Behavior Analyst Board code of ethical standards as established in
201
KAR 43:040 and shall result in referral to the board
for the complaint and disciplinary process, in accordance with the procedures
outlined in
201 KAR
43:060.
(5) Upon resumption of practice, the licensed
assistant behavior analyst shall document compliance with supervisory
requirements and shall report on his or her activities and employment related
to behavior analysis during the period in which the analyst did not
practice.
Section 4.
Conditions for Retired Status.
(1) Retired
status is an acknowledgement of service that may be granted to a licensed
behavior analyst or licensed assistant behavior analyst who has retired and
will no longer be conducting the practice of applied behavior analysis in any
jurisdiction.
(2) The board may
grant retired status to a licensee if the individual:
(a) Is at least sixty-five (65) years of
age;
(b) Has been a license holder
in the Commonwealth of Kentucky for at least twenty-five (25) years;
or
(c) Suffers an illness or
medical disability that renders the licensee unable to continue the practice of
applied behavior analysis.
Section 5. Application for Retired Status.
(1) Retired status may be granted to a
licensee upon submission of a completed an "Application for Inactive or Retired
Status", Form ABA-005, to the board and should include the following
information:
(a) Current home address, email
address, and phone number;
(b)
Condition meeting eligibility for retired status; and
(c) Final date of employment in the practice
of applied behavior analysis within the Commonwealth of Kentucky.
(2) Terms and Responsibilities. A
credential holder granted retired status by the board shall:
(a) Be relieved of the obligation to pay the
renewal fees under
201 KAR 43:030;
(b) Use the designation "-R" at the end of
the acronym for the appropriate credential such as, LBA-R or LaBA-R;
and
(c) Shall comply with the code
of ethical standards as established in
201
KAR 43:040.
Section 6. Incorporation by Reference.
(1) Form ABA-005, "Application for Inactive
or Retired Status", October 2021, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Applied
Behavior Analysis Licensing Board, 500 Mero Street, 2SC32, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be
found on the board's Web site at aba.ky.gov.
STATUTORY AUTHORITY:
KRS
319C.050(1),
319C.060
