Or. Admin. Code § 411-304-0170
Current through Register Vol. 63, No. 12, December 1, 2024
Section 411-304-0170 - Qualifications and Standards for Behavior Professionals(1) A person who is hired, promoted, or enrolled to deliver professional behavior services must meet at least one of the following requirements: (a) Possess a Board-Certified Behavior Analyst® (BCBA®) graduate-level certification in behavior analysis and one year of experience using positive behavior support services with individuals who experience intellectual or developmental disabilities.(b) Possess a Master of Arts or Master of Science in psychology, sociology, human services, education, social work, or other social or behavioral sciences, or the equivalent, and one year of experience using positive behavior support services with individuals who experience intellectual or developmental disabilities or other related conditions.(c) Possess a Bachelor of Arts or Bachelor of Science in psychology, sociology, human services, education, social work, social sciences, behavioral sciences, or the equivalent as evidenced by transcripts indicating a minimum of six courses in these fields, and two years of experience using positive behavior support services with individuals who experience intellectual or developmental disabilities, or other related conditions.(d) A minimum of six years of experience providing professional behavior services with individuals who experience intellectual or developmental disabilities prior to January 1, 2023.(2) A behavior professional must meet all of the following requirements:(a) Maintain a current approved criminal background check specific to their role as a behavior professional as described in OAR 407-007-0200 through 407-007-0370.(b) Complete a minimum of 12 hours each enrollment period of ongoing education in the field of positive behavior support services, adaptive behaviors, behavior management, or a related topic.(c) Maintain certification in an ODDS-approved behavior intervention curriculum.(3) An independent provider of professional behavior services must submit all of the following information to the Department upon the renewal of their provider enrollment agreement or upon request:(a) Redacted copies of an FBA, PBSP, or both, and the corresponding invoice.(b) Proof of ongoing education.(c) Current certification from an ODDS-approved behavior intervention curriculum.(d) Current approved criminal background check specific to their role as a behavior professional as described in OAR 407-007-0200 through 407-007-0370.(4) An agency provider of professional behavior services must maintain all of the following information for each behavior professional within their agency and make available to the Department upon request:(a) Redacted copies of an FBA, PBSP, or both, and the corresponding invoice.(b) Proof of ongoing education.(c) Current certification from an ODDS-approved behavior intervention curriculum.(d) Current approved criminal background check specific to their role as a behavior professional as described in OAR 407-007-0200 through 407-007-0370.(5) A behavior professional may not deliver professional behavior services to an individual in a dual capacity. A dual capacity relationship includes a situation where an individual is receiving professional behavior services from a behavior professional who concurrently, has a different provider role for the same individual including, but not limited to, any of the following:(a) Personal support worker.(f) Employment and community inclusion service provider.(g) Speech and language pathologist.(h) Occupational therapist.(6) A behavior professional must adhere to the confidentiality standards as described in the following:(a) The behavior professional's provider enrollment agreement.(b) The Department's rules for privacy and confidentiality in OAR chapter 407, division 014.(7) A behavior professional must make reports of suspected abuse consistent with the following:(a) ORS 419B.010 and 419B.015 for abuse of a child.(b) ORS 124.060 and 124.065 for abuse of an older adult 65 years of age or older.(c) ORS 430.737 and 430.743 for abuse of an adult with an intellectual or developmental disability or mental illness.(d) ORS 441.640 and 441.645 for abuse of a resident.(8) A behavior professional must inform an individual's case management entity: (a) Immediately upon any reasonable suspicion that an individual is the victim of abuse.(b) Within five business days upon identifying a challenging behavior that may be the result of an individual experiencing a medical issue, medication interaction, or mental health issue.(c) Within 24-hours of any injury or unusual incident involving an individual.(9) Failure to adhere to the requirements of these rules may result in restrictions to, or termination of, a behavior professional's Medicaid provider number, certificate, or endorsement.Or. Admin. Code § 411-304-0170
APD 28-2017, adopt filed 11/30/2017, effective12/1/2017; APD 32-2022, amend filed 06/26/2022, effective 7/1/2022Statutory/Other Authority: ORS 409.050, 427.104 & 430.662
Statutes/Other Implemented: ORS 409.010, 427.007, 427.104, 430.610 & 430.662