Current through all regulations passed and filed through September 16, 2024
(A) Scope. Every
certified Ohio behavior analyst subject to continuing education (CE)
requirements as set forth in division (B) of section
4783.05 of the Revised Code
shall meet the requirements of that section.
(B) Responsibilities:
(1) In accordance with the requirements of
sections 4783.05 of the Revised Code, it
shall be the responsibility of each certified Ohio behavior analyst submitting
a biennial registration of a certificate to certify to the board that the
CE experience required for certificate renewal
has been completed. Other than as provided for in paragraph (C)(8) of rule
4783-2-01 of the Administrative Code, each certificate holder shall complete
biennially no fewer than twenty three hours of approved
CE substantially relevant to the practice of
applied behavior analysis, including no fewer than four hours in ethics and
professional conduct and/or the role of culture and/or ethnic identity in the
provision of applied behavior analysis services.
(2)
Certificate
holders who demonstrate active certification as a board certified behavior
analyst by the behavior analyst certification board or its successor
organization at the time of submitting a biennial registration of a certificate
or request for reinstatement of an expired certificate shall be deemed to have
completed sufficient biennial CE to meet the requirements of paragraph (B)(1)
of this rule and to have certified to the board that the CE requirements have
been met.
(3)
For certificate holders
who do not demonstrate active certification as a board certified behavior
analyst by the behavior analyst certification board or its successor
organization at the time of submitting a biennial registration of a
certificate, CE may be applied to meet the requirements of paragraph
(B)(1) of this rule if both of the following requirements are met:
(a) It is obtained through a program or
course approved by the board, the "Behavior Analyst Certification Board," the
"Ohio Psychological Association," the "Association of Black Psychologists," the
"American Psychological Association," the "Ohio School Psychologists
Association," or the "National Association of School Psychologists"; and
(b) Completion of the program or
course is recorded with the "Ohio Psychological Association," or the
"Ohio School Psychologists Association."
(4) The state board of
psychology may disapprove any program or course that has been approved by the
"Behavior Analyst Certification Board," the "Ohio Psychological Association,"
the "Association of Black Psychologists," the "American Psychological
Association," the "Ohio School Psychologists Association," or the "National
Association of School Psychologists. Such program or course may not be applied
to meet the requirement of paragraph (B)(1) of this rule.
(5)
Each certificate holder shall personally maintain CE records for three years
following the renewal deadline for which the credits were used to satisfy
requirements for certificate renewal.
(6) Each certified
Ohio behavior analyst shall be given a sufficient choice of
CE acceptable to the board to ensure that each
person has had a reasonable opportunity to participate in
CE that is relevant to that person's practice in
terms of subject matter and level. This requirement shall be judged to be met
so long as a certified Ohio behavior analyst does not register a challenge and
supply adequate documentation in writing to the board by March first of the
year of required biennial registration. The board shall arrange for appropriate
CE to be made available in case of a valid
challenge. The validity of a challenge, as judged by the board, shall be
binding.
(C)
Requirements for certificate holders who do not
demonstrate active certification as a board certified behavior analyst by the
behavior analyst certification board or its successor organization at the time
of submitting a biennial registration of a certificate:
(1) Hours to be applied toward the CE
requirements shall represent actual time spent in continuing education that
meets the requirements set forth in this rule.
(2) Any certified Ohio behavior analyst shall
be given credit, as defined in paragraph (K) of rule
4732-3-01 of the
Administrative Code, for participation in any CE program or course that is not
specifically disapproved by the board as provided for under paragraph (C)(5) of
this rule and that is designated as acceptable by a relevant accrediting
authority as specified in paragraph (A)(1) of rule
4783-2-02
of the Administrative Code as meeting the following criteria:
(a) The program or course is presented within
an organizational structure that assures accountable administrative control,
accurate record of course participation/attendance, and professional
responsibility for course design and implementation;
(b) The specific program or course is
relevant to the practice of behavior analysis in terms of subject matter and
level;
(c) Completion of the
program or course is registered with the "Ohio Psychological Association," or
the "Ohio School Psychologists Association" according to policies and fee
structures set by those organizations.
(3) Upon petition to the board by a certified
Ohio behavior analyst requesting to acquire qualifying CE hours by pursuing
specific relevant knowledge or skills through continuing education that would
not qualify under paragraph (C)(2) of this rule, the board, at its discretion
and on a case-by-case basis, may grant CE credit for such work if it is deemed
significantly relevant to the certified Ohio behavior analyst's professional
education.
(a) The petition, filed on a form
prescribed by the board, shall contain documentation of the relevance of the CE
requested.
(b) The number of hours
of credit granted shall be determined by the board and need not match the
number of hours of coursework undertaken.
(c) The board shall notify the petitioner in
writing of its approval or disapproval and of the steps the petitioner shall
take to demonstrate completion of the continuing education if the petition is
approved. The board's determination shall be binding.
(4) The board may audit any activities
submitted in satisfaction of the CE requirements and/or monitor any program
approved by any authorized approving organization for CE credit, and may
disallow such credit if the board determines that the offering is not in
conformance with the standards of paragraph (C)(2) of this rule.
(a) The authorized approving organization
shall be notified of any continuing education determined to be unacceptable by
the board, as defined by written agreements with the "Behavior Analyst
Certification Board" or contracts with the "Ohio School Psychologists
Association" and/or with the "Ohio Psychological Association," and shall be
required to notify all registered participants of that continuing education of
its unacceptability.
(b) If the
board determines after March first of a certificate renewal year that any
continuing education approved by an authorized approving organization and
already completed by any certificate holder is unacceptable, then each
certified Ohio behavior analyst who has completed that continuing education and
who proposes to use the hours to qualify for biennial registration shall be
allowed until the end of the calendar year to complete the equivalent hours of
qualifying continuing education credit. For such persons:
(i) The certificate shall not expire if all
other requirements, including the remaining CE requirements are met by August
thirty-first of a relevant renewal year and if any deficiency caused by the
disqualification of the continuing education is corrected by the end of that
calendar year.
(ii) Whatever hours
are completed after August thirty-first of that year and are applied to correct
such deficiency shall not count toward completion of CE requirements for the
subsequent biennium.
(5) The board may, on its own initiative,
approve continuing education. The board shall maintain a list of such
approvals, which shall be available on the board website
www.psychology.ohio.gov or
upon request (accompanied by a self-addressed envelope with first-class postage
affixed) to the board office and shall be provided to the "Behavior Analyst
Certification Board," the "Ohio Psychological Association," and the "Ohio
School Psychologists Association," so that completion of such continuing
education may be entered into the certificate holder's record of CE hours
maintained by those organizations.
(6) It shall be the responsibility of the
authorized approving organization to assure that all registered attendees are
notified of any disapproval notice received from the board. Notwithstanding
this responsibility of the authorized approving organization, it shall be the
responsibility of each certified Ohio behavior analyst to complete the
necessary number of approved hours of CE, whether or not the certified Ohio
behavior analyst is correctly notified of the unacceptability of any
disapproved continuing education.
(7) Failure to meet CE requirements or
failure to have verification of the necessary CE hours sent to the board by
August thirty-first of any relevant renewal year shall result in the automatic
expiration of the certificate on September thirtieth of that year, except in a
case described in paragraph (C)(4) or (C)(9) of this rule. If reinstatement is
desired, such individual shall be required to submit a formal request for
reinstatement of the certificate.
(8) If an applicant for certification is
granted a certificate during the first year of the biennial renewal period, the
certified Ohio behavior analyst is required to complete thirteen hours of
continuing education for that biennial renewal period, including not less than
four hours of continuing education in professional conduct and ethics, and/or
the role of culture and/or ethnic identity in the provision of applied behavior
analysis services. If an applicant is certified during the first three months
of the second year of the biennial renewal period, the certified Ohio behavior
analyst is exempt from meeting the CE requirements for that biennial period. If
an applicant is certified during the last nine months of the second year of the
biennial renewal period and is, therefore, not subject to renewal that same
year, he/she is required to complete twenty-three hours of CE to renew in the
next renewal year.
(9) On written
petition by a certificate holder setting forth convincing and compelling reason
because of an unusual circumstance, emergency, or special hardship, the board
may excuse all or any part of the petitioner's CE requirements, may set
conditions for excusing such requirements, and may require the certificate
holder to make up CE requirements. Board approval or disapproval of any such
arrangement shall be made in writing, shall be communicated promptly to the
petitioner, and shall be inserted into the petitioner's board record. Board
determinations are binding. The deadline for requesting the board to excuse all
or any part of CE requirements is August first of the relevant renewal
year.
(10) Falsification of written
evidence submitted to the "Behavior Analyst Certification Board," the "Ohio
Psychological Association" and the "Ohio School Psychologists Association," or
to the board, or failure to respond to an audit request regarding continuing
education experience shall constitute fraud, misrepresentation, and deception,
as defined in paragraph (A)(2) of rule
4783-7-03
of the Administrative Code, and shall be considered grounds for disciplinary
action.