30 Miss. Code. R. 3301-7.1 - Standards of Conduct

Licensees subject to these regulations shall conduct their activities, services, and practice in accordance with this section. Licensees may be subject to the exercise of the disciplinary sanctions enumerated in 8.6 of these regulations if the Board finds that a licensee is guilty of any of the following:

A. Negligence in the practice or performance of professional services or activities.

B. Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public in the course of professional services or activities.

C. Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same.

D. Being convicted of any crime which has a substantial relationship to the licensee's activities and services or an essential element of which is misstatement, fraud, or dishonesty.

E. Being convicted of any crime, which is a felony under the laws of this state or the United States.

F. Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee's supervision due to the licensee's deliberate or negligent act or acts or failure to act, regardless of whether actual damage to the public is established.

G. Continued practice although the licensee has become unfit to practice as a behavior analyst or assistant behavior analyst due to:

1) failure to keep abreast of current professional theory or practice; or

2) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or

3) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee's ability to practice.

H. Having disciplinary action taken against the licensee's license in another state.

I. Making differential, detrimental treatment against any person because of race, color, creed, sex, religion, sexual orientation, or national origin.

J. Engaging in lewd conduct in connection with professional services or activities.

K. Engaging in false or misleading advertising.

L. Contracting, assisting, or permitting unlicensed persons to perform services for which a license is required under these regulations.

M. Violation of any probation requirements placed on a license by the Board.

N. Revealing confidential information except as may be required by law.

O. Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee.

P. Charging excessive or unreasonable fees or engaging in unreasonable collection practices.

Q. For treating or attempting to treat ailments or other health conditions of human beings other than by applied behavior analysis therapy as authorized by these regulations.

R. Violations of the current codes for behavior analyst or assistant behavior analyst adopted by the Behavior Analyst Certification Board.

S. Violations of any rules or regulations promulgated pursuant to these regulations.

T. Has engaged in any conduct considered by the Board to be detrimental to the profession of applied behavior analysis.

U. The Board may order a licensee to submit to a reasonable physical or mental examination if the licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Rule 8.3 of these regulations.

V. Any individual who has failed to pass the oral jurisprudence examination upon the third (3^rd) attempt must register as a Registered Behavior Technician (RBTT) and engage in remedial supervision. The Board will not accept an application for licensure from such individual until the passage of one (1) year from the last examination date.

Notes

30 Miss. Code. R. 3301-7.1

Miss. Code Ann. § 73-75-19

Amended 4/15/2024