Title 201 | Chapter 043 | Regulation 040
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
BOARDS AND COMMISSIONS
Kentucky Applied Behavior Analysis Licensing Board
(Amended After Comments)
201 KAR 43:040.Code of ethical standards and standards of practice.
Section 1.
Definitions.(1)
"BACB Code" means the Behavior Analyst Certification Board ("BACB") January 1, 2022 Ethics Code for Behavior Analysts.(2)
In addition to the definition set forth in the BACB Code, "Behavior analyst" means a person was licensed under KRS Chapter 319C as a licensed behavior analyst, a licensed assistant behavior analyst, or a temporary licensee.(3)(2)
In addition to the definition set forth in the BACB Code, "Client" means a person who receives behavior analytic assessment, intervention, consultation, treatment, or other professional services for the purpose of practicing applied behavior analysis. A corporate entity or other organization shall be considered the client if the professional contract is to provide a professional service of benefit to the corporate entity or organization. The(4)(3)
"Confidential information" means information revealed by a client or clients or otherwise obtained by a behavior analyst in a professional relationship and includes all data, assessments, and recommended interventions as confidential.(5)(4)
"Court order" means the written or oral communication of a member of the judiciary, or other court magistrate or administrator, if the authority has been lawfully delegated to the magistrate or administrator.(6)(5)
"Kentucky Code" means the Code of Ethics set forth in this administrative regulation.(7)
"Professional relationship" means a mutually agreed upon relationship between a behavior analyst and a client for the purpose of the client obtaining the behavior analyst's professional expertise.(8)(6)
"Professional service" means all actions of the behavior analyst in the context of a professional relationship with a client.(9)(7)
"Technician(10)(8)
In addition to the definition set forth in the BACB Code, "Trainee" means a person who is acquiring experience in applied behavior analysis toward an eligibility requirement for either a Board Certified Behavior Analyst (BCBA) or Board Certified Assistant Behavior Analyst (BCaBA)Section 2.
Administration and Enforcement of the Code of Ethics.(1)
Notwithstanding the requirements of the BACB Code, the changes established in the Kentucky Code shall be mandatory and shall supersede any conflicting provisions of the BACB Code.(2)
Except as superseded by the provisions of this administrative regulation and the Kentucky Code, the BACB Code shall be the mandatory ethics code for Kentucky Applied Behavior Analysts.Section 3.
Additional Requirements for Kentucky Licensees.(1)
Reporting of abuse of children and vulnerable adults. The behavior analyst shall be familiar with the relevant law concerning the reporting of abuse of children and vulnerable adults, and shall comply with those laws, including KRS 620.030.(2)
Disclosure without informed written consent. The behavior analyst shall disclose confidential information without the informed consent of the client if the behavior analyst has a duty to warn an intended victim of the client's threat of violence pursuant to KRS 202A.400 or 645.270.(a)
(b)
(c)
(2)
(3)
(4)
Section 3.
(1)
(2)
(3)
(4)
(5)
(6)
(a)
1.
2.
3.
4.
5.
6.
(b)
(c)
(d)
(7)
Section 4.
(1)
(a)
(b)
1.
2.
3.
(2)
(a)
(b)
1.
2.
3.
(c)
Section 5.
(1)
(2)
(a)
(b)
1.
2.
(3)
(4)
(5)
Section 6.
(1)
(2)
Section 7.
(1)
(2)
(3)
(a)
1.
2.
(b)
1.
2.
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Section 8.
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
(6)
Section 9.
Section 10.
(1)
(2)
(3)
(a)
(b)
(c)
Section 11.
DR. ERICK DUBUQUE, Board Chair
APPROVED BY AGENCY: March 15, 2022
FILED WITH LRC: March 15, 2022 at 9:00 a.m.
CONTACT PERSON: Kevin Winstead, Commissioner, Department of Professional Licensing, 500 Mero Street, phone (502) 782-8805, fax (502) 564-3969, email KevinR.Winstead@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Kevin Winstead
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 319C.060(2)(c) requires the board to adopt a code of ethical standards and standards of practice for all licensed behavior analysts, assistant behavior analysts, and temporary licensees. This administrative regulation establishes the code of ethical standards and standards of practice for licensees.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 319C.060(2)(c).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 319C.060(2)(c) requires the board to adopt a code of ethical standards and standards of practice for all licensed behavior analysts, assistant behavior analysts, and temporary licensees. This administrative regulation establishes the code of ethical standards and standards of practice for licensees.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the effective administration of KRS Chapter 319C by carrying out the legislative mandate for the board to establish regulations for the practice of behavior analysis.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment updates the Code of Ethics to incorporate the Behavior Analyst Certification Board Ethics Code for Behavioral Analysts. The changes in the Amended After Comments version clarify when a legal guardian is considered a client for decision-making purposes, and spell out the references to Board Certified Behavior Analyst and Board Certified Assistant Behavior Analyst the first time the acronyms for those credentials are used.
(b) The necessity of the amendment to this administrative regulation:
See (1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c).
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d).
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect 17 licensed assistant behavior analysts, 531 licensed behavior analysts, 10 temporary behavior analysts, and 6 temporary registered telehealth healthcare providers.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This regulation will provide an update Code of Ethics with which licensees will be required to follow.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
None
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This regulation will allow licensees to have an updated understanding of their ethical requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create a cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create a cost for the administrative body.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Applied Behavior Analysis Licensing Board is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increases in fees or funding is necessary to implement the amendment to this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No.
(9) TIERING: Is tiering applied?
Tiering is not applied because similarly situated licensees are treated similarly under this administrative regulation.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This regulation impacts the Kentucky Applied Behavior Analysis Licensing Board.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 319C.060(2)(c).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
There are no additional costs.
(d) How much will it cost to administer this program for subsequent years?
None
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
BOARDS AND COMMISSIONS
Kentucky Applied Behavior Analysis Licensing Board
(Amended After Comments)
201 KAR 43:040.Code of ethical standards and standards of practice.
Section 1.
Definitions.(1)
"BACB Code" means the Behavior Analyst Certification Board ("BACB") January 1, 2022 Ethics Code for Behavior Analysts.(2)
In addition to the definition set forth in the BACB Code, "Behavior analyst" means a person was licensed under KRS Chapter 319C as a licensed behavior analyst, a licensed assistant behavior analyst, or a temporary licensee.(3)
In addition to the definition set forth in the BACB Code, "Client" means a person who receives behavior analytic assessment, intervention, consultation, treatment, or other professional services for the purpose of practicing applied behavior analysis. A corporate entity or other organization shall be considered the client if the professional contract is to provide a professional service of benefit to the corporate entity or organization. The legal guardian of a minor or a legally incompetent adult shall be considered the client for a decision-making purpose.(4)
"Confidential information" means information revealed by a client or clients or otherwise obtained by a behavior analyst in a professional relationship and includes all data, assessments, and recommended interventions as confidential.(5)
"Court order" means the written or oral communication of a member of the judiciary, or other court magistrate or administrator, if the authority has been lawfully delegated to the magistrate or administrator.(6)
"Kentucky Code" means the Code of Ethics set forth in this administrative regulation.(7)
"Professional relationship" means a mutually agreed upon relationship between a behavior analyst and a client for the purpose of the client obtaining the behavior analyst's professional expertise.(8)
"Professional service" means all actions of the behavior analyst in the context of a professional relationship with a client.(9)
"Technician" means a person who functions under the extended authority of the behavior analyst to implement behavioral services.(10)
In addition to the definition set forth in the BACB Code, "Trainee" means a person who is acquiring experience in applied behavior analysis toward an eligibility requirement for either a Board Certified Behavior Analyst (BCBA) or Board Certified Assistant Behavior Analyst (BCaBA) certification credential.Section 2.
Administration and Enforcement of the Code of Ethics.(1)
Notwithstanding the requirements of the BACB Code, the changes established in the Kentucky Code shall be mandatory and shall supersede any conflicting provisions of the BACB Code.(2)
Except as superseded by the provisions of this administrative regulation and the Kentucky Code, the BACB Code shall be the mandatory ethics code for Kentucky Applied Behavior Analysts.Section 3.
Additional Requirements for Kentucky Licensees.(1)
Reporting of abuse of children and vulnerable adults. The behavior analyst shall be familiar with the relevant law concerning the reporting of abuse of children and vulnerable adults, and shall comply with those laws, including KRS 620.030.(2)
Disclosure without informed written consent. The behavior analyst shall disclose confidential information without the informed consent of the client if the behavior analyst has a duty to warn an intended victim of the client's threat of violence pursuant to KRS 202A.400 or 645.270.DR. ERICK DUBUQUE, Board Chair
APPROVED BY AGENCY: March 15, 2022
FILED WITH LRC: March 15, 2022 at 9:00 a.m.
CONTACT PERSON: Kevin Winstead, Commissioner, Department of Professional Licensing, 500 Mero Street, phone (502) 782-8805, fax (502) 564-3969, email KevinR.Winstead@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Kevin Winstead
(1) Provide a brief summary of:
(a) What this administrative regulation does:
KRS 319C.060(2)(c) requires the board to adopt a code of ethical standards and standards of practice for all licensed behavior analysts, assistant behavior analysts, and temporary licensees. This administrative regulation establishes the code of ethical standards and standards of practice for licensees.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 319C.060(2)(c).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 319C.060(2)(c) requires the board to adopt a code of ethical standards and standards of practice for all licensed behavior analysts, assistant behavior analysts, and temporary licensees. This administrative regulation establishes the code of ethical standards and standards of practice for licensees.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the effective administration of KRS Chapter 319C by carrying out the legislative mandate for the board to establish regulations for the practice of behavior analysis.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment updates the Code of Ethics to incorporate the Behavior Analyst Certification Board Ethics Code for Behavioral Analysts. The changes in the Amended After Comments version clarify when a legal guardian is considered a client for decision-making purposes, and spell out the references to Board Certified Behavior Analyst and Board Certified Assistant Behavior Analyst the first time the acronyms for those credentials are used.
(b) The necessity of the amendment to this administrative regulation:
See (1)(b).
(c) How the amendment conforms to the content of the authorizing statutes:
See (1)(c).
(d) How the amendment will assist in the effective administration of the statutes:
See (1)(d).
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect 17 licensed assistant behavior analysts, 531 licensed behavior analysts, 10 temporary behavior analysts, and 6 temporary registered telehealth healthcare providers.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This regulation will provide an update Code of Ethics with which licensees will be required to follow.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
None
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This regulation will allow licensees to have an updated understanding of their ethical requirements.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation does not create a cost for the administrative body.
(b) On a continuing basis:
This administrative regulation does not create a cost for the administrative body.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Kentucky Applied Behavior Analysis Licensing Board is self-funded through the fees paid by licensees. No additional funding is necessary for the implementation and enforcement of this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increases in fees or funding is necessary to implement the amendment to this administrative regulation.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
No.
(9) TIERING: Is tiering applied?
Tiering is not applied because similarly situated licensees are treated similarly under this administrative regulation.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This regulation impacts the Kentucky Applied Behavior Analysis Licensing Board.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 319C.060(2)(c).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
There are no additional costs.
(d) How much will it cost to administer this program for subsequent years?
None
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: