Current through Register Vol. 54, No. 44, November 2, 2024
(a) An applicant for licensure as a behavior
specialist shall submit, on forms made available by the Board, a completed
application, including all necessary supporting documents, for licensure as a
behavior specialist and pay the fee in §
16.13(i)
(relating to licensure, certification, examination and registration fees) for
application for licensure as a behavior specialist.
(1) Among the supporting documents, the
applicant shall submit, or cause to be submitted, to the Board:
(i) A criminal history record information
report completed by the Pennsylvania State Police or the state police for each
state in which the applicant currently resides or works and has resided or
worked during the previous 10 years completed no more than 90 days prior to the
date the application is received in the Board office.
(ii) A child abuse history clearance
completed by the Department of Public Welfare or equivalent agency for each
state in which the applicant currently resides or works and has resided or
worked during the previous 10 years completed no more than 90 days prior to the
date the application is received in the Board office.
(iii) A Federal Bureau of Investigation
criminal justice information services criminal record completed no more than 90
days prior to the date the application is received in the Board
office.
(iv) Verification of having
completed at least 3 hours of approved training in child abuse recognition and
reporting in accordance with §
16.108(a)
(relating to child abuse recognition and reporting-mandatory training
requirement).
(2) The
applicant shall provide updates to documents in possession of the Board for
more than 6 months while the application remains pending.
(b) Except as otherwise provided in
subsections (c) and (d), the Board will license as a behavior specialist an
applicant who demonstrates that the applicant satisfies the requirements of
section 635.2(g)(2) of The Insurance Company Act of 1921 (40 P. S. §
764h(g)(2)) for registration
as a behavior specialist, as provided in §
18.524 (relating to criteria for
licensure as behavior specialist), and otherwise complies with this
subchapter.
(c) The Board may deny
an application for licensure as a behavior specialist upon the grounds for
disciplinary action in §
18.527 (relating to disciplinary
action for licensed behavior specialist).
(d) The Board will not grant an application
for licensure as a behavior specialist of an applicant who:
(1) Has been convicted of a felony offense as
provided in section 635.2(g)(3) of The Insurance Company Act of 1921 unless at
least 10 years have elapsed from the date of conviction and the applicant has
satisfactorily demonstrated to the Board that the applicant has made
significant progress in personal rehabilitation since the conviction that
licensure of the applicant should not be expected to create a substantial risk
of harm to the health and safety of the applicant's patients or the public or a
substantial risk of further criminal violations.
(2) Has been convicted of, entered a plea of
guilty to or adjudicated delinquent of a crime for which the applicant has been
required to register under 42 Pa.C.S. Chapter 97, Subchapter H (relating to
registration of sexual offenders), known as Megan's Law, without regard to the
time elapsed since the date of the conviction, plea or adjudication or the
length of the registration required under Megan's Law. As used in this
paragraph, "convicted" includes a judgment, an admission of guilt or plea of
nolo contendre.
(3) Has failed to
satisfy the Board that the applicant is of good moral character.
The provisions of this §18.523 amended under
section 8 of the Medical Practice Act of 1985 (63 P.S. §
422.8); and
23 Pa.C.S. §
6383(b)(2).
