GENERAL GOVERNMENT CABINET

Applied Behavior Analysis Licensing Board

(Amendment)

 

      201 KAR 43:080. Renewals.

 

      RELATES TO: KRS 319C.050, 319C.060

      STATUTORY AUTHORITY: KRS 319C.050, 319C.060(2), 319C.120

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 319C.060 authorizes the board to promulgate administrative regulations required to establish conditions for the renewal and reinstatement of licenses. This administrative regulation establishes procedures for the renewal of licenses.

 

      Section 1. Renewal. A behavior analyst or assistant behavior analyst shall biennially, on or before the last day of the calendar month during which the license was issued:

      (1) File a completed Application for Licensure Renewal; and

      (2) Pay to the board the renewal fee established by 201 KAR 43:030.

 

      Section 2. Late Renewal. A behavior analyst or assistant behavior analyst who fails to renew his or her license on or before the last day of the calendar month during which the license was issued may submit his or her application on or before the last day of the calendar month following the month in which the license was issued if accompanied by the appropriate late fee as required by 201 KAR 43:030.

 

      Section 3. Expiration of License. (1) A license that is not renewed before the last day of the calendar month during which the license was issued shall be expired and lapsed for failure to renew.

      (2) Upon expiration of the license for failure to renew, a behavior analyst or assistant behavior analyst shall not practice in the Commonwealth of Kentucky.

 

      Section 4. Reinstatement. After the last day of the calendar month following the month in which the license was issued, a person whose license has expired for failure to renew shall submit, in order to have his or her license reinstatement request considered by the Board:

      (1) Payment of the fee established by 201 KAR 43:030;

      (2) Completion of the Application for Licensure Renewal; and

      (3) Documentation of employment from the time of expiration of employment until the present.

 

      Section 5. Incorporation by Reference. (1) Form ABA-004, "Application for Licensure Renewal", July 2015[April 2013], is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Applied Behavior Analysis Licensing Board, 911 Leawood Drive, Frankfort, Kentucky 40601, (502) 564-3296, Monday through Friday, 8 a.m. to 4:30 p.m.

 

DR. TAMMY HAMMOND-NATOF, PhD, BCBA, Chairperson

      APPROVED BY AGENCY: August 13, 2015

      FILED WITH LRC: August 13, 2015 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 28, 2015, at 9:30 a.m. at Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing, no later than five business days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the end of the day on September 30, 2015. Send written notification of intent to attend the public hearing or submit written comments on the proposed administrative regulation to:

      CONTACT PERSON: Lindsey Melton, Board Administrator, Division of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40602, phone (502) 782-8809, fax (502) 696-4961.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Lindsey Melton

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the procedures for renewing a license.

      (b) The necessity of this administrative regulation: The necessity of this regulation is to establish the procedures for renewing a license.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations regarding the continuing education requirement for a credential holder.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation establishes the procedures for renewing a license.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment only changes the form used to renew a license.

      (b) The necessity of the amendment to this administrative regulation: The amendment to the regulation is to incorporate an updated application form for renewing a license.

      (c) How the amendment conforms to the content of the authorizing statutes: The regulation is in conformity as the authorizing statute gives the board the ability to promulgate regulations and regulate temporary licenses.

      (d) How the amendment will assist in the effective administration of the statutes: See response to answer (2)(a).

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: There are presently three (3) licensed assistant behavioral analyst and one hundred and eleven (111) licensed behavioral analyst.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either

the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The amendment does not add any additional requirements for an applicant.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): A renewal applicant as a behavior analyst will pay a $300 licensure renewal fee. A renewal applicant as an assistant behavior analyst will pay a $200 licensure renewal fee.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): A renewal applicant will obtain a license to continue to lawfully engage in the practice of applied behavioral analysis as a licensed behavior analyst or assistant behavior analyst.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: No new costs will be incurred by the changes.

      (b) On a continuing basis: No new costs will be incurred by the changes.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The board’s operations are funded by fees paid by credential holders and applicants.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There are no increases in fees or funding is required to implement this administrative regulation.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: There are no new fees or fee increases associated with the amendments.

      (9) TIERING: Is tiering applied? Tiering was not applied as the regulation is applicable to all credential holders. This regulation does not distinguish between similarly situated individuals on the basis of any factor.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? Applied Behavior Analysis Licensing Board.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 319C.050, 319C.060(2), 319C.120.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. None.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? None

      (d) How much will it cost to administer this program for subsequent years? None

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: