Current through Register Vol. 63, No. 3, March 1, 2024
(1) A person who is hired, promoted, or
enrolled to deliver professional behavior services must meet at least one of
the following requirements:
(a) Possess a
Board-Certified Behavior Analyst® (BCBA®) graduate-level certification
in behavior analysis and one year of experience using positive behavior support
services with individuals who experience intellectual or developmental
disabilities.
(b) Possess a Master
of Arts or Master of Science in psychology, sociology, human services,
education, social work, or other social or behavioral sciences, or the
equivalent, and one year of experience using positive behavior support services
with individuals who experience intellectual or developmental disabilities or
other related conditions.
(c)
Possess a Bachelor of Arts or Bachelor of Science in psychology, sociology,
human services, education, social work, social sciences, behavioral sciences,
or the equivalent as evidenced by transcripts indicating a minimum of six
courses in these fields, and two years of experience using positive behavior
support services with individuals who experience intellectual or developmental
disabilities, or other related conditions.
(d) A minimum of six years of experience
providing professional behavior services with individuals who experience
intellectual or developmental disabilities prior to January 1, 2023.
(2) A behavior professional must
meet all of the following requirements:
(a)
Maintain a current approved criminal background check specific to their role as
a behavior professional as described in OAR 407-007-0200 through
407-007-0370.
(b) Complete a
minimum of 12 hours each enrollment period of ongoing education in the field of
positive behavior support services, adaptive behaviors, behavior management, or
a related topic.
(c) Maintain
certification in an ODDS-approved behavior intervention curriculum.
(3) An independent provider of
professional behavior services must submit all of the following information to
the Department upon the renewal of their provider enrollment agreement or upon
request:
(a) Redacted copies of an FBA, PBSP,
or both, and the corresponding invoice.
(b) Proof of ongoing education.
(c) Current certification from an
ODDS-approved behavior intervention curriculum.
(d) Current approved criminal background
check specific to their role as a behavior professional as described in OAR
407-007-0200 through 407-007-0370.
(4) An agency provider of professional
behavior services must maintain all of the following information for each
behavior professional within their agency and make available to the Department
upon request:
(a) Redacted copies of an FBA,
PBSP, or both, and the corresponding invoice.
(b) Proof of ongoing education.
(c) Current certification from an
ODDS-approved behavior intervention curriculum.
(d) Current approved criminal background
check specific to their role as a behavior professional as described in OAR
407-007-0200 through 407-007-0370.
(5) A behavior professional may not deliver
professional behavior services to an individual in a dual capacity. A dual
capacity relationship includes a situation where an individual is receiving
professional behavior services from a behavior professional who concurrently,
has a different provider role for the same individual including, but not
limited to, any of the following:
(a) Personal
support worker.
(b)
Therapist.
(c) Counselor.
(d) Case manager.
(e) Life coach.
(f) Employment and community inclusion
service provider.
(g) Speech and
language pathologist.
(h)
Occupational therapist.
(i)
Nurse.
(6) A behavior
professional must adhere to the confidentiality standards as described in the
following:
(a) The behavior professional's
provider enrollment agreement.
(b)
The Department's rules for privacy and confidentiality in OAR chapter 407,
division 014.
(7) A
behavior professional must make reports of suspected abuse consistent with the
following:
(a) ORS
419B.010
and
419B.015
for abuse of a child.
(b) ORS
124.060
and
124.065
for abuse of an older adult 65 years of age or older.
(c) ORS
430.737
and
430.743
for abuse of an adult with an intellectual or developmental disability or
mental illness.
(d) ORS
441.640
and
441.645
for abuse of a resident.
(8) A behavior professional must inform an
individual's case management entity:
(a)
Immediately upon any reasonable suspicion that an individual is the victim of
abuse.
(b) Within five business
days upon identifying a challenging behavior that may be the result of an
individual experiencing a medical issue, medication interaction, or mental
health issue.
(c) Within 24-hours
of any injury or unusual incident involving an individual.
(9) Failure to adhere to the requirements of
these rules may result in restrictions to, or termination of, a behavior
professional's Medicaid provider number, certificate, or endorsement.
Statutory/Other Authority: ORS
409.050,
427.104
& 430.662
Statutes/Other Implemented: ORS
409.010,
427.007,
427.104,
430.610 &
430.662
