201 Ky. Admin. Regs. 43:090

Current through Register Vol. 51, No. 6, December 1, 2024

Section 201 KAR 43:090 - Voluntary inactive and retired status

RELATES TO: KRS 319C

NECESSITY, FUNCTION, AND CONFORMITY: KRS 319C.050 and 319.060 require the Applied Behavior Analysis Licensing Board to promulgate administrative regulations establishing licensure requirements and licensure and renewal fees. This administrative regulation establishes requirements relating to for inactive and retired status.

Section 1. Conditions for Inactive Status. Inactive status may be granted to a licensee who is currently not working as a behavior analyst or assistant behavior analyst within the Commonwealth of Kentucky but intends to resume providing those services in the future.

Section 2. Application for Inactive Status.

(1) A licensee requesting inactive status shall submit a completed"Application for Inactive or Retired Status", Form ABA-005, to the board and include the following information:

(a) Current home address, email address, and phone number;

(b) Final date of employment in the practice of applied behavior analysis within the Commonwealth of Kentucky; and

(c) Anticipated date of return to employment in the practice of applied behavior analysis within the Commonwealth of Kentucky.

(2) Terms and Responsibilities. Individuals on inactive status shall:

(a) Continue to receive general licensure updates from the board; and

(b) Comply with the code of ethical standards as established in 201 KAR 43:040.

Section 3. Reactivation Requirement for Inactive Status. A licensee seeking restoration to active status shall:

(1) Notify the board prior to returning to practice in Kentucky by submitting a Renewal and Reinstatement Application, Form ABA-004, incorporated by reference in 201 KAR 43:080 and paying the required fees as established in 201 KAR 43:030, including a reinstatement fee.

(2) A licensee seeking reinstatement shall also meet certification and licensure requirements as provided in KRS 319C.080 and show an active BCBA certification.

(3) Individuals on inactive status shall not practice or use state licensure initials, including LBA, LaBA, TLBA, and TLaBA.

(4) Failure to complete reinstatement of a license prior to practicing applied behavior analysis in Kentucky shall constitute a violation of the Kentucky Applied Behavior Analyst Board code of ethical standards as established in 201 KAR 43:040 and shall result in referral to the board for the complaint and disciplinary process, in accordance with the procedures outlined in 201 KAR 43:060.

(5) Upon resumption of practice, the licensed assistant behavior analyst shall document compliance with supervisory requirements and shall report on his or her activities and employment related to behavior analysis during the period in which the analyst did not practice.

Section 4. Conditions for Retired Status.

(1) Retired status is an acknowledgement of service that may be granted to a licensed behavior analyst or licensed assistant behavior analyst who has retired and will no longer be conducting the practice of applied behavior analysis in any jurisdiction.

(2) The board may grant retired status to a licensee if the individual:

(a) Is at least sixty-five (65) years of age;

(b) Has been a license holder in the Commonwealth of Kentucky for at least twenty-five (25) years; or

(c) Suffers an illness or medical disability that renders the licensee unable to continue the practice of applied behavior analysis.

Section 5. Application for Retired Status.

(1) Retired status may be granted to a licensee upon submission of a completed an "Application for Inactive or Retired Status", Form ABA-005, to the board and should include the following information:

(a) Current home address, email address, and phone number;

(b) Condition meeting eligibility for retired status; and

(c) Final date of employment in the practice of applied behavior analysis within the Commonwealth of Kentucky.

(2) Terms and Responsibilities. A credential holder granted retired status by the board shall:

(a) Be relieved of the obligation to pay the renewal fees under 201 KAR 43:030;

(b) Use the designation "-R" at the end of the acronym for the appropriate credential such as, LBA-R or LaBA-R; and

(c) Shall comply with the code of ethical standards as established in 201 KAR 43:040.

Section 6. Incorporation by Reference.

(1) Form ABA-005, "Application for Inactive or Retired Status", October 2021, 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, 500 Mero Street, 2SC32, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be found on the board's Web site at aba.ky.gov.

201 KAR 43:090

48 Ky.R. 1975; 49 Ky.R. 33; eff. 10/4/2022.

STATUTORY AUTHORITY: KRS 319C.050(1), 319C.060