844 IAC 21 — ARTICLE 21. BEHAVIOR ANALYSTS; CERTIFICATION

TITLE 844 MEDICAL LICENSING BOARD OF INDIANA

ARTICLE 21. BEHAVIOR ANALYSTS; CERTIFICATION

Rule 1

844 IAC 21-1-1 844 IAC 21-1-1 Definitions

Rule 1. Definitions

844 IAC 21-1-1 Definitions

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5-1

Sec. 1. The definitions in this rule and IC 25-8.5-1 apply throughout this article.

(Medical Licensing Board of Indiana; 844 IAC 21-1-1; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-1-2 844 IAC 21-1-2 "Behavior analyst certification board" or "BACB" defined

844 IAC 21-1-2 "Behavior analyst certification board" or "BACB" defined

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 2. "Behavior analyst certification board" or "BACB" means an independent nonprofit organization that credentials practitioners of behavior analysis.

(Medical Licensing Board of Indiana; 844 IAC 21-1-2; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-1-3 844 IAC 21-1-3 "Board certified assistant behavior analyst" or "BCaBA" defined

844 IAC 21-1-3 "Board certified assistant behavior analyst" or "BCaBA" defined

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 3. "Board certified assistant behavior analyst" or "BCaBA" means a certification in the practice of behavior analysis that is issued by the BACB.

(Medical Licensing Board of Indiana; 844 IAC 21-1-3; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-1-4 844 IAC 21-1-4 "Board certified behavior analyst" or "BCBA" defined

844 IAC 21-1-4 "Board certified behavior analyst" or "BCBA" defined

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 4. "Board certified behavior analyst" or "BCBA" means a certification in the practice of behavior analysis that is issued by the BACB or another entity approved by the committee.

(Medical Licensing Board of Indiana; 844 IAC 21-1-4; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-1-5 844 IAC 21-1-5 "Continuing education unit" defined

844 IAC 21-1-5 "Continuing education unit" defined

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 5. "Continuing education unit" means fifty (50) minutes of participation in an event that is approved for continuing education.

(Medical Licensing Board of Indiana; 844 IAC 21-1-5; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-1-6 844 IAC 21-1-6 "Licensed assistant behavior analyst" or "LABA" defined

844 IAC 21-1-6 "Licensed assistant behavior analyst" or "LABA" defined

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 6. "Licensed assistant behavior analyst" or "LABA" means a practitioner who is licensed by the committee to practice behavior analysis under appropriate supervision.

(Medical Licensing Board of Indiana; 844 IAC 21-1-6; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-1-7 844 IAC 21-1-7 "Licensed behavior analyst" or "LBA" defined

844 IAC 21-1-7 "Licensed behavior analyst" or "LBA" defined

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 7. "Licensed behavior analyst" or "LBA" means a practitioner who is licensed by the committee to practice behavior analysis independently.

(Medical Licensing Board of Indiana; 844 IAC 21-1-7; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

Rule 2

844 IAC 21-2-1 844 IAC 21-2-1 Application for license as a behavior analyst

Rule 2. Licensure and Fees

844 IAC 21-2-1 Application for license as a behavior analyst

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5-3-1

Sec. 1. (a) An applicant for licensure as a behavior analyst shall provide the board with the information required in IC 25-8.5-3-1 and the following:

(1) A completed application.

(2) The fee required by section 4 of this rule.

(3) Demographic information, including:

(A) name;

(B) date of birth;

(C) Social Security number;

(D) contact information;

(E) citizenship information;

(F) military history;

(G) employment history;

(H) gender; and

(I) other states of licensure.

(4) Information regarding fitness for practice, including disciplinary, criminal, and substance abuse history.

(5) A statement from the appropriate agency in each state where the applicant has been licensed, certifying whether disciplinary proceedings:

(A) have ever been initiated; or

(B) are presently pending;

against the applicant.

(b) The committee shall verify with:

(1) the BACB, or its successor; or

(2) another entity approved by the committee;

that the applicant is currently certified in good standing as a BCBA.

(Medical Licensing Board of Indiana; 844 IAC 21-2-1; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-2-2 844 IAC 21-2-2 Application for license as an assistant behavior analyst

844 IAC 21-2-2 Application for license as an assistant behavior analyst

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5-3-2

Sec. 2. (a) An applicant for licensure as an assistant behavior analyst shall provide the board with the information required in IC 25-8.5-3-2 and the following:

(1) A completed application.

(2) The fee required by section 4 of this rule.

(3) Demographic information, including:

(A) name;

(B) date of birth;

(C) Social Security number;

(D) contact information;

(E) citizenship information;

(F) military history;

(G) employment history;

(H) gender; and

(I) other states of licensure.

(4) Information regarding fitness for practice, including disciplinary, criminal, and substance abuse history.

(5) A statement from the appropriate agency in each state where the applicant has been licensed, certifying whether disciplinary proceedings:

(A) have ever been initiated; or

(B) are presently pending;

against the applicant.

(6) A signed contract with an LBA, and approved by the BACB, to provide supervision under 844 IAC 21-4-6.

(b) The committee shall verify with:

(1) the BACB, or its successor; or

(2) another entity approved by the committee;

that the applicant is currently certified in good standing as a BCaBA.

(Medical Licensing Board of Indiana; 844 IAC 21-2-2; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-2-3 844 IAC 21-2-3 Application for license by reciprocity

844 IAC 21-2-3 Application for license by reciprocity

Authority: IC 25-8.5-2-6

Affected: IC 25-1-1.1-4; IC 25-8.5-3-3

Sec. 3. (a) An applicant for licensure by reciprocity as an LBA shall meet the requirements of IC 25-8.5-3-3 and section 1 of this rule, and provide information regarding the scope of their practice in the other states of licensure.

(b) An applicant for licensure by reciprocity as an LABA shall meet the requirements of IC 25-8.5-3-3 and section 2 of this rule, and provide information regarding the scope of their practice in the other states of licensure.

(c) Failure by an applicant to report licensure or certification in another state is considered a false application and may be subject to disciplinary action or denial of a license.

(d) For purposes of IC 25-8.5-3-3, "substantially equal" means licensure in a state or territory of the United States that requires similar education, experience, and certification as required for corresponding licensure in Indiana.

(e) Applicants under this section shall submit to a national criminal history background check under IC 25-1-1.1-4 and furnish satisfactory evidence to the committee that the individual has not been convicted of a crime that has a direct bearing on their ability to practice competently.

(Medical Licensing Board of Indiana; 844 IAC 21-2-3; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-2-4 844 IAC 21-2-4 Fees

844 IAC 21-2-4 Fees

Authority: IC 25-8.5-2-6; IC 25-1-8-2

Affected: IC 25-8.5-3-1; IC 25-8.5-3-2

Sec. 4. (a) The application/issuance fee for licensure as a behavior analyst is one hundred dollars ($100).

(b) The reciprocity application/issuance fee for licensure as a behavior analyst is seventy-five dollars ($75).

(c) The application/issuance fee for licensure as an assistant behavior analyst is seventy-five dollars ($75).

(d) The reciprocity application/issuance fee for licensure as an assistant behavior analyst is fifty dollars ($50).

(e) The renewal fee for a behavior analyst license is one hundred dollars ($100).

(f) The renewal fee for an assistant behavior analyst license is seventy-five dollars ($75).

(g) The fee for a duplicate wall certificate is ten dollars ($10).

(h) The penalty fee for late renewal is fifty dollars ($50).

(i) All application fees are nonrefundable.

(Medical Licensing Board of Indiana; 844 IAC 21-2-4; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-2-5 844 IAC 21-2-5 Renewal of license

844 IAC 21-2-5 Renewal of license

Authority: IC 25-8.5-2-6

Affected: IC 25-1-8-6; IC 25-8.5-2-6

Sec. 5. (a) A renewal application for an LBA must be submitted to the licensing agency on or before December 31 of each odd-numbered year on a form provided by the licensing agency. The application submission must include the following:

(1) The renewal fee required by section 4 of the rule.

(2) Proof that the applicant has met the continuing education requirements specified in 844 IAC 21-3-1.

(3) Demographic information, including:

(A) name;

(B) date of birth;

(C) Social Security number;

(D) contact information;

(E) citizenship information;

(F) military history;

(G) employment history;

(H) gender; and

(I) other states of licensure.

(4) Information regarding fitness for practice, including disciplinary, criminal, and substance abuse history.

(5) A statement from the appropriate agency in each state where the applicant has been licensed, certifying whether disciplinary proceedings:

(A) have ever been initiated; or

(B) are presently pending;

against the applicant.

(b) The licensing agency shall verify with the BACB that an applicant is actively certified as a BCBA and has not been disciplined by, nor has pending discipline with, the BACB.

(c) A renewal application for an LABA must be submitted to the licensing agency on or before December 31 of each odd-numbered year on a form provided by the licensing agency. The application submission must include the following:

(1) The renewal fee required by section 4 of this rule.

(2) Proof that the applicant has met the continuing education requirements specified in 844 IAC 21-3-1.

(3) Demographic information, including:

(A) name;

(B) date of birth;

(C) Social Security number;

(D) contact information;

(E) citizenship information;

(F) military history;

(G) employment history;

(H) gender; and

(I) other states of licensure.

(4) Information regarding fitness for practice, including disciplinary, criminal, and substance abuse history.

(5) A statement from the appropriate agency in each state where the applicant has been licensed, certifying whether disciplinary proceedings:

(A) have ever been initiated; or

(B) are presently pending;

against the applicant.

(6) A signed contract with an LBA, and approved by the BACB, to provide ongoing supervision under 844 IAC 21-4-6.

(7) A written record of the supervision provided to the individual by an LBA during the preceding renewal period.

(d) The licensing agency shall verify with the BACB that an applicant is actively certified as a BCaBA and has not been disciplined by, nor has pending discipline with, the BACB.

(e) An individual who holds a license as an LBA or LABA shall renew their license biennially as required by IC 25-8.5-2-6.

(f) A license that is not renewed on or before December 31 of each odd-numbered year becomes invalid. The license may be reinstated within three (3) years after the date of expiration by:

(1) submitting the renewal fee and penalty fee required by section 4 of this rule; and

(2) having current certification at the appropriate level verified with the BACB.

(Medical Licensing Board of Indiana; 844 IAC 21-2-5; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-2-6 844 IAC 21-2-6 Approval of alternate certification board

844 IAC 21-2-6 Approval of alternate certification board

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5-3-1

Sec. 6. (a) An organization may be approved under IC 25-8.5-3-1 after a showing that its certification standards are substantially similar to those of the BACB. An organization's certification standards are substantially similar to those of the BACB if they use nearly identical:

(1) degree requirements;

(2) coursework requirements;

(3) supervised fieldwork requirements; and

(4) examination requirements;

to the BACB certification standards. The burden to make this showing is on the organization applying for approval.

(b) An organization seeking board approval under this section shall submit to the board:

(1) documentation showing its degree requirements, including documentation showing accreditation standards for all accrediting bodies for the programs from which it will accept applicants;

(2) documentation showing its coursework requirements;

(3) documentation showing its supervised fieldwork requirements;

(4) documentation showing its exam requirements, including a copy of its most recent exam and answer key;

(5) a narrative explaining how the organization's certification requirements are substantially similar to those of the BACB; and

(6) any additional information requested by the board.

(Medical Licensing Board of Indiana; 844 IAC 21-2-6; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-2-7 844 IAC 21-2-7 Fines and civil penalties

844 IAC 21-2-7 Fines and civil penalties

Authority: IC 25-1-9-9; IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 7. (a) Unless otherwise established in this title, fines and civil penalties levied by the board are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine or civil penalty is set at one thousand dollars ($1,000).

(b) A fine or civil penalty levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). No fine or civil penalty may be set at less than one hundred dollars ($100).

(c) Mitigating factors include the following:

(1) Inability to pay.

(2) Acknowledging responsibility for underlying conduct.

(3) Acts prior to the underlying conduct to prevent or reduce damage to the public.

(4) Likelihood that the underlying conduct will not recur.

(5) The underlying conduct resulted from provocation, stress, emotional problems, or other circumstances that might offer an explanation.

(6) Timely and voluntary disclosure of the conduct underlying the fine or penalty.

(7) Subsequent remedial acts deemed appropriate by the board.

(d) Aggravating factors include the following:

(1) The underlying conduct resulted in moderate damage to the public.

(2) The underlying conduct resulted in severe damage to the public.

(3) The underlying conduct involved dishonesty or deception.

(4) The underlying conduct occurred as part of an overall pattern of improper conduct.

(5) The underlying conduct was motivated by bias against a protected class.

(6) Previous board discipline.

(7) The underlying conduct involved a vulnerable member of the public, including an individual:

(A) less than twelve (12) years of age;

(B) more than sixty-five (65) years of age;

(C) with a disability; or

(D) under the licensee's care, custody, or control.

(8) Failure to cooperate in a consumer complaint investigation or board proceeding.

(9) Dishonesty during board proceedings.

(Medical Licensing Board of Indiana, 844 IAC 21-2-7; filed Apr 24, 2025, 1:23 p.m.: 20250521-IR-844240596FRA)

Rule 3

844 IAC 21-3-1 844 IAC 21-3-1 Continuing education requirements for renewal of license

Rule 3. Continuing Education

844 IAC 21-3-1 Continuing education requirements for renewal of license

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5-2

Sec. 1. (a) To successfully renew a license, each licensee shall meet the continuing education requirements listed in this rule. Each licensee shall complete:

(1) one (1) continuing education (CE) unit in trauma informed care; and

(2) one (1) CE unit in either of the following:

(A) Abuse and neglect.

(B) Mandatory reporting.

(b) CE units earned to satisfy subsection (a) may also be used to maintain certification with the BACB.

(Medical Licensing Board of Indiana; 844 IAC 21-3-1; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-3-2 844 IAC 21-3-2 Approval of continuing education providers

844 IAC 21-3-2 Approval of continuing education providers

Authority: IC 25-8.5-2-6

Affected: IC 25-1-4-0.2; IC 25-8.5-2

Sec. 2. (a) Organizations or individuals not specified in IC 25-1-4-0.2 applying for approval as sponsors of continuing education (CE) courses shall submit a written request for approval at least sixty (60) days before the date of the organization's presentation of a program for CE credit. Programs presented before receiving approval, or after the withdrawal or termination of approval of the organization by the committee, do not count toward CE requirements.

(b) A written request for approval must include the following:

(1) The name of the sponsoring organization or individual.

(2) The address and telephone number of the organization or individual.

(3) For organizations, a curriculum vitae or résumé listing the educational and relevant work experience for each individual in the organization with direct responsibility for the training activities of the organization.

(4) For each program requested, the following:

(A)The date and location, or format, of the CE.

(B) A brief summary of the content of the CE.

(C) The name and academic and professional background of the lecturer.

(D) The number of hours of CE credit granted by a state licensing agency or similar regulatory authority for the program.

(E) A description of the course evaluation technique used for each program.

(5) A sample of the certificate awarded for completing the educational programs, if available.

(6) A list of the programs anticipated to be presented or sponsored for LBAs during the requested approval period, if available.

(7) A description of the procedure to be used for monitoring and documenting attendance.

(c) The organization is responsible for monitoring attendance so that verifying attendance throughout the program can be reliably assured.

(d) Approval of the organization will be valid for not more than two (2) years. The organization or individual is responsible for applying to the committee for renewal using the process described in subsection (c).

(e) Additional approval or renewal is not required for an individual or organization that later becomes an individual or organization specified under this title.

(Medical Licensing Board of Indiana; 844 IAC 21-3-2; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

Rule 4

844 IAC 21-4-1 844 IAC 21-4-1 Applicability

Rule 4. Competent Practice of Behavior Analysis

844 IAC 21-4-1 Applicability

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 1. A behavior analyst in the conduct of their practice shall abide by, and comply with, the standards of competent practice set forth in this rule and the BACB ethics code, effective January 1, 2022, which can be found at https://www.bacb.com/wp-content/uploads/2022/01/Ethics-Code-for-Behavior-Analysts-240201-a.pdf. (Medical Licensing Board of Indiana; 844 IAC 21-4-1; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-2 844 IAC 21-4-2 Standards of practice

844 IAC 21-4-2 Standards of practice

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 2. (a) A behavior analyst shall work to minimize restrictive interventions used with clients in deference to the most appropriate and least intrusive interventions, based on current industry standards or research.

(b) Standards of practice for behavior analysts include appropriate and generally accepted standards of care for goal selection and intensity, duration, and frequency of care.

(Medical Licensing Board of Indiana; 844 IAC 21-4-2; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-3 844 IAC 21-4-3 Scope of practice

844 IAC 21-4-3 Scope of practice

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5-1-4

Sec. 3. A behavior analyst or assistant behavior analyst shall practice within the scope of their license and refer a client to another provider or agency when appropriate.

(Medical Licensing Board of Indiana; 844 IAC 21-4-3; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-4 844 IAC 21-4-4 Confidentiality

844 IAC 21-4-4 Confidentiality

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 4. A behavior analyst shall maintain the confidentiality of all knowledge and information regarding a client, including the client's diagnosis, treatment, and prognosis, and the records relating to that information, about which the practitioner may learn or otherwise be informed during, or as a result of, the client-practitioner relationship. Information about a client shall be disclosed by a behavior analyst when required by law or when authorized by the client or those responsible for the client's care.

(Medical Licensing Board of Indiana; 844 IAC 21-4-4; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-5 844 IAC 21-4-5 Information to client

844 IAC 21-4-5 Information to client

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 5. A behavior analyst shall give a truthful, candid, and reasonably complete account of the client's response to treatment to the client or those responsible for the client's care.

(Medical Licensing Board of Indiana; 844 IAC 21-4-5; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-6 844 IAC 21-4-6 Supervision of others

844 IAC 21-4-6 Supervision of others

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 6. (a) A behavior analyst is responsible for appropriate supervision of any staff, paraprofessionals, BCaBAs, or individuals in training to be a behavior analyst, who may assist with or carry out behavior analysis treatment for clients under their care. Supervision includes the direct observation of the supervisee delivering services to clients in person and by visual electronic means.

(b) An LABA shall work under the supervision of an LBA or a licensed psychologist approved by the BACB to provide that supervision.

(c) The LABA and individuals providing supervision shall create and sign a supervision contract that defines the relationship and responsibilities of the supervisor, supervisee, and other appropriate parties.

(Medical Licensing Board of Indiana; 844 IAC 21-4-6; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-7 844 IAC 21-4-7 Fees

844 IAC 21-4-7 Fees

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 7. Fees charged by a behavior analyst for their professional services must be reasonable and compensate the practitioner only for services actually rendered.

(Medical Licensing Board of Indiana; 844 IAC 21-4-7; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-8 844 IAC 21-4-8 Advertising

844 IAC 21-4-8 Advertising

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 8. A behavior analyst may not, on behalf of:

(1) themselves;

(2) a partner;

(3) an associate;

(4) a shareholder in a professional corporation; or

(5) any other practitioner or specific provider affiliated with the practitioner;

use, or participate in the use of, any form of public communication containing a false, fraudulent, misleading, deceptive, or unfair statement or claim.

(Medical Licensing Board of Indiana; 844 IAC 21-4-8; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-9 844 IAC 21-4-9 Liability to clients

844 IAC 21-4-9 Liability to clients

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 9. A behavior analyst may not attempt to exonerate themselves from or limit their liability to a client for their personal malpractice, but may enter into agreements that contain informed, voluntary releases or waivers of liability, or both, in settlement of a claim made by a client or those responsible for a client's care.

(Medical Licensing Board of Indiana; 844 IAC 21-4-9; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)

844 IAC 21-4-10 844 IAC 21-4-10 Client complaints

844 IAC 21-4-10 Client complaints

Authority: IC 25-8.5-2-6

Affected: IC 25-8.5

Sec. 10. A behavior analyst may not attempt to preclude, prohibit, or otherwise prevent the filing of a complaint against them by a client or other practitioner for the alleged violation of any law.

(Medical Licensing Board of Indiana; 844 IAC 21-4-10; filed Mar 11, 2025, 11:38 a.m.: 20250409-IR-844240437FRA)