Section 5-86-1. – Short title.
§ 5-86-1. Short title. This chapter shall be known and may be cited as “Licensing of Applied Behavior Analysts.” History of Section.P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
Section 5-86-10. – Licensure.
§ 5-86-10. Licensure. A license may be issued to: (1) An applicant who meets the requirements for licensure as approved by the department of health and licensed as a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience as stated in this chapter; and (2) An applicant who has been […]
Section 5-86-11. – Application fee.
§ 5-86-11. Application fee. The applicant applying for licensure as an applied behavior analyst, applied behavior assistant analyst, or psychologist with equivalent experience shall pay a fee of one hundred fifty dollars ($150) to the department. History of Section.P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
Section 5-86-12. – Limitation of practice.
§ 5-86-12. Limitation of practice. The board shall ensure through regulations and enforcement that licensees limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience. History of Section.P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
Section 5-86-13. – Expiration and renewal of licenses — Continuing education — Lapsed license.
§ 5-86-13. Expiration and renewal of licenses — Continuing education — Lapsed license. (a) The license of every person licensed under the provisions of this chapter shall expire on the first (1st) day of July of the next even-numbered year following the issuance of his or her license. (b) On or before the first day […]
Section 5-86-14. – Transfers to inactive list — Reinstatement.
§ 5-86-14. Transfers to inactive list — Reinstatement. (a) A licensed applied behavior analyst, licensed applied behavior assistant analyst, or the equivalent who does not intend to continue his or her licensure, upon written request to the department may have his or her name transferred to an inactive list, and shall not be required to […]
Section 5-86-15. – Receipts.
§ 5-86-15. Receipts. The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited as general revenues. History of Section.P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
Section 5-86-16. – Grounds for discipline.
§ 5-86-16. Grounds for discipline. The board has the power to deny, revoke, or suspend any license issued by the department in accordance with this chapter, or to discipline a licensee upon proof that the person: (1) Is guilty of fraud or deceit in procuring, or attempting to procure, a license or temporary license; (2) […]
Section 5-86-17. – Procedure for discipline.
§ 5-86-17. Procedure for discipline. (a) When a sworn complaint is filed with the board charging a person with being guilty of any of the actions specified in § 5-86-16, the department shall immediately investigate those charges, or, the board, after investigation, may institute charges. The department may coordinate investigations of alleged violations of the […]
Section 5-86-18. – Grounds for discipline without a hearing.
§ 5-86-18. Grounds for discipline without a hearing. With the approval of the director, the board may temporarily suspend the license of a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with equivalent experience without a hearing if the board finds that evidence in its possession indicates that a licensed applied behavior […]
Section 5-86-19. – Penalty for violations.
§ 5-86-19. Penalty for violations. (a) It is a misdemeanor for any person, in offering his or her services to the public, to: (1) Use in connection with his or her name any designation tending to imply that he or she is a licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with […]
Section 5-86-2. – Definitions.
§ 5-86-2. Definitions. As used in this chapter, the following terms shall be construed as follows: (1) “Applied behavior analyst” means a person licensed to practice applied behavior analysis under the provisions of this chapter and the rules and regulations authorized by this chapter. (2) “Applied behavior analyst aide” means a person not licensed pursuant […]
Section 5-86-20. – Injunction of violations.
§ 5-86-20. Injunction of violations. When it appears to the board that any person is violating any of the provisions of this chapter, the director may institute an action, commenced in the name of the board, to enjoin that violation in a court of competent jurisdiction. That court may enjoin any person from violating any […]
Section 5-86-21. – Persons and practices exempt.
§ 5-86-21. Persons and practices exempt. (a) No provision of this chapter shall be construed to prevent members of other recognized professions who are licensed, certified, or regulated for independent practice of that profession under the laws of this state from rendering services consistent with their professional training and code of ethics and scope of […]
Section 5-86-22. – Enforcement.
§ 5-86-22. Enforcement. The director shall enforce the provisions of this chapter. He or she, or his or her authorized agents, and the board shall be exempt from providing surety for costs in connection with the commencement of any legal proceedings under this chapter. History of Section.P.L. 2012, ch. 318, § 1; P.L. 2012, ch. […]
Section 5-86-23. – Rules governing practices and procedures.
§ 5-86-23. Rules governing practices and procedures. All hearings and reviews required under the provisions of chapter 44 of this title, as amended, shall be held in accordance with the provisions of the rules and regulations of the Rhode Island department of health regarding practices and procedures before the department of health and access to […]
Section 5-86-24. – Appeals from director and board.
§ 5-86-24. Appeals from director and board. Any person aggrieved by any decision or ruling of the director or the board may appeal to the superior court in the manner provided in the administrative procedures act, chapter 35 of title 42. History of Section.P.L. 2012, ch. 318, § 1; P.L. 2012, ch. 338, § 1.
Section 5-86-25. – Applicability of other laws.
§ 5-86-25. Applicability of other laws. This chapter shall be subject to the provisions of chapter 2 of title 38 (“access to public records”) and chapter 46 of title 42 (“open meetings”) and, in addition, the members of the board shall be subject to the provisions of chapter 14 of title 36 (“code of ethics”). […]
Section 5-86-26. – Supervision.
§ 5-86-26. Supervision. (a) A licensed applied behavior analyst shall exercise sound judgment and shall provide care within the scope of practice or guidelines in the performance of his or her duties. A licensed applied behavior analyst shall be permitted to supervise the following: applied behavior analysts, applied behavior assistant analysts, applied behavior analyst aides, […]
Section 5-86-27. – Severability.
§ 5-86-27. Severability. The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances. This chapter shall be construed in all respects so as to meet any constitutional requirements. In carrying out the purposes and provisions of […]