N.J. Admin. Code § 13:42B-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:42B-1.1 - Purpose and scope

(a) The purpose of this chapter is to implement the provisions at P.L. 2019, c. 337 (N.J.S.A. 45:8B-91 et seq.), which created the Board of Applied Behavior Analyst Examiners.

(b) This chapter does not apply to any of the following persons, unless they represent themselves as licensed applied behavior analysts or licensed assistant applied behavior analysts or by any title set forth at N.J.A.C. 13:42B-4.1:

1. Persons licensed to practice a profession in New Jersey, including physicians, psychologists, psychoanalysts, marriage and family therapists, social workers, professional or rehabilitation counselors, or speech-language pathologists or audiologists, provided they are providing services within their professional scope of practice;

2. Family members of recipients of applied behavior analysis services who implement applied behavior analysis treatment plans with the recipients pursuant to the extended authority and direction of a licensee;

3. Paraprofessional technicians who deliver applied behavior analysis services pursuant to the extended authority and direction of a licensee, provided that such paraprofessional technicians use titles that indicate their nonprofessional status;

4. Applied behavior analysts who practice with nonhumans, and who may use the title "applied behavior analysts," including applied animal behaviorists and animal trainers;

5. Professionals who provide general applied behavior analysis services to organizations, and who may use the title "applied behavior analysts," if those services are for the benefit of the organizations and do not involve direct services to individuals;

6. Matriculated college or university students whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship, or post-doctoral fellowship, if the applied behavior analysis activities pursuant to this exemption are directly supervised by licensed applied behavior analysts, psychologists, or exempt professionals in this State, instructors in a course sequence approved by the Board, or another qualified faculty member, provided that such students use titles that indicate their nonprofessional status;

7. Unlicensed persons pursuing experience in applied behavior analysis consistent with the experience requirements of BACB, if the experience is supervised in accordance with the requirements of the BACB;

8. Persons who teach applied behavior analysis in institutes accredited by a regional accrediting body recognized by the United States Department of Education, Office of Postsecondary Education, or who conduct behavior analytic research, and who may use the title "applied behavior analysts," if the teaching or research does not involve the direct delivery of applied behavior analysis services to individuals or the supervision of individuals who provide applied behavior analysis to individuals;

9. Applied behavior analysts or applied assistant applied behavior analysts who work in New Jersey for no more than 10 consecutive business days, or no more than 15 intermittent business days, in any 90-day period, if the analysts reside outside, and the analysts' major practice is outside of, New Jersey, and the analysts give the Board a summary of qualifications and a minimum of 10 days written notice of the analysts' intention to practice in the State pursuant to this section, provided they:

i. Are certified or licensed in another state under substantially equivalent requirements as the Board's;

ii. Are certified by the BACB as BCBAs, BCBA-Ds, or BCaBAs; or

iii. Reside in a state that does not certify or license applied behavior analysts and the Board considers the analysts' professional qualifications to be substantially equivalent to the Board's requirements for licensure, as long as they have not been denied licensure by the Board;

10. Employees of a school district, charter school, education services commission, or private school in the performance of regular employment duties, if the provision of applied behavior analysis services is only on behalf of the school employer and remuneration for the provision of those services is provided solely by the school employer;

11. Persons working under the authority of, or under contract with, the Division of Developmental Disabilities, in the Department of Human Services, if the provision of applied behavior analysis services is only on behalf of, or under contract with, the Division of Developmental Disabilities and remuneration for the provision of those services is provided solely by the Division of Developmental Disabilities or one of its contracted providers. This provision shall be in effect until May 6, 2027; and

12. Persons who are working under the authority of, and under contract with, the New Jersey Early Intervention Program, in the Department of Health, if the provision of applied behavior analysis services is only on behalf of, or under contract with, the New Jersey Early Intervention Program or one of its contracted providers. This provision shall be in effect until May 6, 2029.

N.J. Admin. Code § 13:42B-1.1

Adopted by 56 N.J.R. 782(a) effective 5/6/2024