30 Miss. Code. R. 3301-9.7 - Standards of Conduct for Behavior Technician; Duties of Supervisory Behavior Analyst or Assistant Behavior Analyst

A. Standards of Conduct: Behavior analysts or assistant behavior analysts may, at the discretion of the Board, have their licensure suspended, revoked, or denied, or have their supervision authority limited, if the Board determines that a behavior technician under supervision of a behavior analyst or assistant behavior analyst:

1) Was convicted of a felony or an offense involving moral turpitude. The record of such conviction, or certified copy thereof from the clerk of the court where such conviction occurred or by the judge of that court, shall be sufficient evidence to warrant revocation or suspension.

2) Is guilty of securing, or attempting to secure a registration or certificate through fraud or deceit.

3) Is guilty of unethical conduct, or gross ignorance, or inefficiency in the conduct of his practice.

4) Is guilty of knowingly practicing while suffering with a contagious or infectious disease.

5) Has used a false name or alias in the practice of his profession.

6) Is unfit or incompetent by reason of negligence, habits, or other causes of incompetence.

7) Is habitually intemperate in the use of alcoholic beverages.

8) Is addicted to, or has improperly obtained, possessed, used or distributed, habit-forming drugs or narcotics.

9) Has practiced as a behavior technician after his registration or supervision has been terminated or suspended.

10) Has practiced as a behavior technician under cover of any permit or registration illegally or fraudulently obtained or issued.

11) Has violated or aided or abetted others in violation of any provision of the Act or regulations promulgated thereto.

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

13) Has violated the provisions of any applicable state or federal laws, or regulations.

14) Has been disciplined by another jurisdiction if at least one (1) of the grounds for the discipline is the same or substantially equivalent to those set forth in the Act or rules and regulations promulgated pursuant to the Act.

15) Has violated any rule or policy of the BACB applicable to behavior technicians.

B. Duties of Supervisory Behavior Analyst or Assistant Behavior Analyst: It shall be the responsibility of the supervising behavior analyst or assistant behavior analyst to ensure adherence to the above listed standards of conduct in Rule 9.7(a) by any behavior technicians providing treatment and/or services under their direction. A behavior analyst or assistant behavior analyst will terminate supervision of a behavior technician in violation of the standards of conduct and report the same to the Board.

C. Summary Suspensions: The Board may summarily suspend a licensed behavior analyst or licensed assistant behavior analyst without a hearing, following the procedures set forth in Rule 7.3.

D. Notice of Charges and Hearing: Following the investigative process, the Board may file formal charges against the behavior technician and/or the supervising licensee. Such formal complaint shall follow the same procedures as provided in Rule 7.6

E. Board Sanctions: The Board may impose any of the following sanctions against the supervising behavior analyst or assistant behavior analyst of the behavior technician, singularly or in combination, when it finds that a behavior technician is guilty of any of the above offenses:

1) Revoke the license;

2) Suspend the registration, for any period of time;

3) Censure the licensee;

4) Place the licensee and/or offending technician on probationary status and require the licensee or offending technician to submit to any of the following:

i. report regularly to the Board, or its designee, upon matters which are the basis of probation; or

ii. such other reasonable requirements or restrictions as are proper;

5) Refuse a license or registration; or

6) Revoke probation which has been granted and impose any other disciplinary action in this subsection when the requirements of probation have not been fulfilled or have been violated.

7) The Board may reinstate any behavior analyst, assistant behavior analyst, or behavior technician to good standing under these regulations if, after hearing, the Board is satisfied that the individual's renewed practice is in the public interest.

8) The Board may limit a licensed behavior analyst or assistant behavior analyst's authority to supervise behavior technicians.

F. Appeal: Any person aggrieved by a decision of the Board shall have a right of appeal in the manner provided for in the Act and the Laws of the State of Mississippi.

Notes

30 Miss. Code. R. 3301-9.7

Miss. Code Ann. § 73-75-23

Amended 4/15/2024