reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3201 - Rules and Regulations of the Mississippi Board of Psychology › Chapter 14 - DECLARATORY OPINIONS › Rule 30-3201-14.11 - OPINION NOT FINAL FOR SIXTY DAYS

Current through June 25, 2024
A declaratory opinion shall not become final until the
				  expiration of sixty (60) days after the issuance of the opinion. Prior to the
				  expiration of sixty (60) days, the Board may, in its discretion, withdraw or
				  amend the declaratory opinion for any reason that is not arbitrary or
				  capricious. Reasons for withdrawing or amending an opinion include, but are not
				  limited to, a determination that the request failed to meet the requirements of
				  these rules or that the opinion issued contains a legal or factual
				  error.
Miss. Code Ann. §
										73-31-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3201 - Rules and Regulations of the Mississippi Board of Psychology › Chapter 14 - DECLARATORY OPINIONS › Rule 30-3201-14.12 - NOTICE BY BOARD TO THIRD PARTIES

Current through June 25, 2024
The Board may give notice to any person, agency, or entity
				  that a declaratory opinion has been requested and may receive and consider
				  data, facts, arguments, and opinions from other persons, agencies, or other
				  entities other than the requestor.
Miss. Code Ann. §
										73-31-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3201 - Rules and Regulations of the Mississippi Board of Psychology › Chapter 14 - DECLARATORY OPINIONS › Rule 30-3201-14.13 - PUBLIC AVAILABILITY OF REQUESTS AND DECLARATORY OPINIONS

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions
				  shall be available for public inspection and copying in accordance with the
				  Public Records Act and the Board's public records request procedure. All
				  declaratory opinions and requests shall be indexed by name and subject.
				  Declaratory opinions and requests that contain information that is confidential
				  or exempt from disclosure under the Mississippi Public Records Act or other
				  laws shall be exempt from this requirement and shall remain
				  confidential.
Miss. Code Ann. §
										73-31-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3201 - Rules and Regulations of the Mississippi Board of Psychology › Chapter 14 - DECLARATORY OPINIONS › Rule 30-3201-14.14 - EFFECT OF A DECLARATORY OPINION

Current through June 25, 2024
The Board will not pursue any civil, criminal or
				  administrative action against a person who is issued a declaratory opinion from
				  the Board and who, in good faith, follows the direction of the opinion and acts
				  in accordance therewith unless a court of competent jurisdiction holds that the
				  opinion is manifestly wrong. Any declaratory opinion rendered by the Board
				  shall be binding only on the Board and the person to whom the opinion is
				  issued. No declaratory opinion will be used as precedent for any other
				  transaction or occurrence beyond that set forth by the requesting
				  person.
Miss. Code Ann. §
										73-31-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3201 - Rules and Regulations of the Mississippi Board of Psychology › Chapter 15 - AMENDMENT PROCEDURE › Rule 30-3201-15.1 - AMENDMENTS TO THE RULES

Current through June 25, 2024
The Board may, on its own motion, and passed by a majority
				  of the members of the Board when a quorum is present, amend any rule or
				  regulation of the Board. Such an amendment will take effect upon compliance
				  with the Administrative Procedures Act of the State of
				  Mississippi.
Miss. Code Ann. §
										73-31-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3201 - Rules and Regulations of the Mississippi Board of Psychology › Chapter 16 - SEPARABILITY CLAUSE › Rule 30-3201-16.1 - SEPARABILITY CLAUSE

Current through June 25, 2024
If any section of these Rules and Regulations, or any part
				  thereof, shall be adjudged by any court of competent jurisdiction to be
				  invalid, such judgment shall not affect, impair or invalidate the remainder of
				  any section or part thereof.
Miss. Code Ann. §
										73-31-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 1 - General › Rule 30-3301-1.1 - Purpose

Current through June 25, 2024
The purpose of these regulations is to safeguard the public's
				  health, safety, and welfare by establishing minimum qualifications and creating
				  exclusive titles corresponding to the level of qualifications for individuals
				  who wish to offer behavior analysis services to the public. Further, in order
				  to ensure the highest degree of professional conduct by those engaged in
				  offering behavior analysis services to the public, it is the purpose of these
				  regulations to provide and impose disciplinary sanctions, be they civil or
				  criminal, against persons who do not meet or adhere to the procedures,
				  qualifications, and standards set out in these regulations.
Miss. Code Ann.
				  §
										73-75-1
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 1 - General › Rule 30-3301-1.2 - Legal Authority

Current through June 25, 2024
A. The Mississippi
				Autism Board shall be empowered under Miss. Code Ann. §
									73-75-1, et seq., to license
				qualified applicants in the practice of behavior analysis.
B. The Mississippi Autism Board shall
				promulgate such rules as are necessary to provide for the licensing of behavior
				analysts and assistant behavior analysts.
C. The principal offices of the Mississippi
				Autism Board are in the Woolfolk State Office Building, N West Street, Jackson,
				Mississippi 39201.
Miss. Code Ann. §
										73-75-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 1 - General › Rule 30-3301-1.3 - Definitions

Current through June 25, 2024
A.
Board
means the Mississippi Autism Board.
B.
BACB
means the Behavior
				Analyst Certification Board® Inc.
C.
Behavior Analyst
means an
				individual who meets the minimum requirements of a Board Certified Behavior
				Analyst® (BCBA® or BCBA-DT), set by the BACB, and is licensed or
				qualifies for licensure by the Board, as further described in Rule
				3.2 below.
D.
Assistant Behavior Analyst
means an individual who meets the minimum requirements of a Board Certified
				Assistant Behavior Analyst (BCaBA®), set by the BACB, and is licensed or
				qualifies for licensure by the board, as further described in Rule
				3.3 below.
E.
Behavior Technician
means an
				individual who is currently certified by the Behavior Analyst Certification
				Board as a Registered Behavior TechnicianT (RBTT) to provide applied behavior
				analysis treatments under the supervision and direction of a licensed behavior
				analyst or licensed assistant behavior analyst.
Miss. Code Ann.
				  §
										73-75-3
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 1 - General › Rule 30-3301-1.4 - Publication

Current through June 25, 2024
The Board shall publish, annually, a list of the names and
				  addresses of all persons licensed by the Board as behavior analysts and
				  assistant behavior analysts and a list of all persons whose licenses have been
				  suspended, revoked, denied renewal, put on probationary status, censured, or
				  reprimanded.
Miss. Code Ann.
				  §
										73-75-19
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 2 - Mississippi Autism Board ("Board") › Rule 30-3301-2.1 - Board Structure and Purpose

Current through June 25, 2024
The Board shall consist of five (5) members as set forth in
				  Miss. Code Ann. §
									73-75-7, for the terms indicated
				  therein. The Board administers and interprets the laws related to licensure and
				  practice of applied behavior analysis.
Miss. Code Ann.
				  §
										73-75-7
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 2 - Mississippi Autism Board ("Board") › Rule 30-3301-2.2 - Meetings

Current through June 25, 2024
The Board shall meet at least twice each year, with the first
				  meeting being the third Friday in January, and the second being the third
				  Friday in July. Additional meetings may be held, at the discretion of the
				  chairperson of the Board or any two Board members. A quorum shall consist of
				  three (3) members of the Board, and shall be necessary for the Board to take
				  action by vote.
Miss. Code Ann.
				  §
										73-75-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 2 - Mississippi Autism Board ("Board") › Rule 30-3301-2.3 - Responsibilities

Current through June 25, 2024
The Board shall:
A.
				establish examination, licensing, and renewal of license criteria for
				applicants and investigate and evaluate each applicant applying for licensure
				to practice applied behavior analysis
B. maintain an up-to-date list of all
				individuals licensed to practice applied behavior analysis, with such list
				being available, upon request, to the public;
C. conduct disciplinary hearings, upon
				specified charges, of a licensee;
D. refer disciplinary actions of any
				individual engaged in the practice of applied behavior analysis to the
				appropriate government agency for prosecution, whether licensed or otherwise,
				or, if the individual is licensed by another state licensing authority, refer
				same to the appropriate committee or Board. Actions may also be referred to the
				BACB at the discretion of the Board.
E. maintain an up-to-date list of all
				individuals whose license has been suspended, revoked, or denied and make such
				list available to public inspection and supply such list to similar regulatory
				boards in other states or jurisdictions;
F. keep a record of all proceedings of the
				Board, and make said record available to the public;
G. establish a schedule of oral examinations
				to be administered no less than quarterly. Dates of oral exams shall be
				published by the Board no later than six (6) months in advance and shall
				correspond with BACB exam window dates; and
H. promulgate and implement rules and
				procedures to carry out the purpose of
Miss. Code Ann. §
										73-75-9.
Miss. Code Ann.
				  §
										73-75-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.1 - General Requirements

Current through June 25, 2024
A. An application
				for a license as a behavior analyst or assistant behavior analyst shall be
				submitted to the Board at its principal office at 401 Mississippi Street,
				Jackson, Mississippi 39203, on an application form provided by the
				Board.
B. Every application shall
				be typed or written in ink, signed under the penalty of perjury, and
				accompanied by the appropriate fee and by such evidence, statements, or
				documents as therein required.
C.
				Approved applications and all documents filed in support thereof shall be
				retained by the Board.
D. Licenses
				issues under these regulations shall expire and become invalid at midnight of
				the expiration date.
Miss. Code Ann.
				  §
										73-75-13
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.2 - Qualifications for Licensure as a Behavior Analyst

Current through June 25, 2024
A.
Education
1) Education
				qualifications deemed equivalent to those specified in Miss. Code Ann. §
										73-75-13 shall be at least a
				master's degree, e.g., M.S., M.A., or M.Ed.
2) Institutions recognized by the Board
				within the meaning of
Miss. Code Ann. §
											73-75-13
shall be those
				institutions with academic programs approved by the BACB.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.3 - Qualifications for Licensure as an Assistant Behavior Analyst

Current through June 25, 2024
A.
Education
1) Education
				qualifications deemed equivalent to those specified in Miss. Code Ann. §
										73-75-13 shall be at least a
				Bachelor's degree, e.g., B.A. or B.S.
2) Institutions recognized by the Board
				within the meaning Miss. Code Ann. §
										73-75-13 shall be those
				institutions with academic programs approved by the BACB.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.4 - Licensure by Reciprocity

Current through June 25, 2024
An applicant for licensure by reciprocity shall submit to the
				  Board, verified by oath, written evidence in form and content satisfactory to
				  the Board that the applicant has met all requirements set forth in Rule
				  3.1 and
				  3.2 or
				  3.3 of these
				  regulations.
Miss. Code Ann.
				  §
										73-75-15
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.5 - Temporary License

Current through June 25, 2024
A. A temporary
				license to practice a may be granted to:
1) An
				applicant for licensure meeting the requirements of Rule
				3.1 and
				3.2 or
				3.3 who has taken the approved
				National Examination and is awaiting release of the applicant's score;
				and
2) An applicant for licensure
				as a behavior analyst who is awaiting the next oral examination by the
				Board.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.6 - Conditions of Temporary Licensure

Current through June 25, 2024
A. A
				temporary license shall be issued for a six (6) month period beginning on the
				date of issuance. All regular license requirements must be completed and
				submitted to the Board during the temporary licensure period. Supervision by a
				Licensed Behavior Analyst must be maintained until the temporary license is
				upgraded to a regular license by the Board.
B. A temporary licensee shall restrict his
				practice setting to the State of Mississippi.
1) A temporary licensee shall practice under
				the supervision of a current licensee holding a corresponding, regular license
				issued by the Board.
2) A temporary
				licensee may not supervise any other licensee or behavior
				technician.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 3 - Licensure › Rule 30-3301-3.7 - Abandonment

Current through June 25, 2024
An application shall be deemed abandoned by the Board if,
				  after six (6) months from the date of filing, the requirements for licensing
				  have not been completed and submitted to the Board.
Miss. Code Ann.
				  §
										73-75-9.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 4 - Professional Identification › Rule 30-3301-4.1 - Production and Display of License

Current through June 25, 2024
A person licensed to practice Applied Behavior Analysis in
				  Mississippi shall be issued a "Certificate of Licensure." The licensee shall
				  prominently display the "Certificate of Licensure" or copy thereof at their
				  place(s) of employment.
Miss. Code Ann.
				  §
										73-75-1
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 5 - Renewal of License › Rule 30-3301-5.1 - General Provisions

Current through June 25, 2024
A. The Board shall
				issue regular licenses, which shall be renewed prior to the expiration date of
				the license.
B. The licensure
				period shall not exceed three (3) years and will terminate at midnight on the
				date of expiration unless renewed.
Miss. Code Ann.
				  §
										73-75-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 5 - Renewal of License › Rule 30-3301-5.2 - Procedure for Renewal of License

Current through June 25, 2024
The Board shall make renewal applications available
				  electronically and provide copies to licensed individuals by mail if requested
				  by the licensee.
A. The licensee
				shall:
1) Complete the renewal form;
2) Submit proof of continuing education
				credit as detailed in Chapter 6 of these regulations;
3) Enclose the renewal fee; and
4) File the above with the Board prior to the
				licensure expiration date.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 5 - Renewal of License › Rule 30-3301-5.3 - Failure to Renew

Current through June 25, 2024
A licensee who does not comply with renewal requirements
				  prior to licensure expiration will be deemed to have allowed his license to
				  lapse. Said license may be reinstated by the Board, in its discretion, by the
				  payment of the "renewal," "late renewal penalty", and the required verification
				  of continuing education hours provided said application for reinstatement is
				  made within two (2) years after its last expiration date. A license may not be
				  reinstated after having lapsed for two (2) consecutive years. A new application
				  must be made and the licensure regulations in effect at the time of application
				  must be met.
Miss. Code Ann.
				  §
										73-75-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 6 - Continuing Education › Rule 30-3301-6.1 - Definition and philosophy

Current through June 25, 2024
Each individual licensed as a behavior analyst or assistant
				  behavior analyst is responsible for optimum service to the consumer and is
				  accountable to the consumer, the employer, and the profession for evidence of
				  maintaining high levels of skill and knowledge.
A. Continuing education is defined as
				education beyond the basic preparation required for entry into the profession,
				directly related to the performance and practice of applied behavior analysis.
				Relevancy of continuing education hours will be determined by the
				Board.
B. Pursuant to Miss. Code
				Ann. §
									73-75-21, continuing education is
				mandatory.
Miss. Code Ann.
				  §
										73-75-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 6 - Continuing Education › Rule 30-3301-6.2 - Requirements

Current through June 25, 2024
A. Each licensee
				must report a minimum of twelve (12) hours of continuing education each year,
				including one (1) hour of ethical or legal continuing education. Continuing
				education hours earned in excess of twelve (12) hours will carryover and apply
				to subsequent year(s) record.
B.
				Continuing education reports are due to the Board no later than June
				30.
C. No more than fifty percent
				(50%) (number of hours/percentage of total) of the total hours reported may
				result from asynchronous courses. In extenuating circumstances, a licensee may
				petition the Board for consideration of approval for asynchronous training
				beyond that of the 50% limit.
D.
				Less than one (1) year licensed: If the licensee has been licensed for less
				than six (6) months by the June 30 deadline, no continuing education hours must
				be reported to the Board for that period. If the individual has been licensed
				for six (6) to nine (9) months, a minimum of six (6) continuing education hours
				shall be reported. If licensed for ten (10) or more months, twelve (12)
				continuing education hours shall be reported.
Miss. Code Ann.
				  §
										73-75-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 6 - Continuing Education › Rule 30-3301-6.3 - Content Criteria

Current through June 25, 2024
The content must apply to the field of applied behavior
				  analysis and must be designed to meet one of the following goals:
A. Update knowledge and skills required for
				competent performance beyond entry level as described in current legislation
				and regulations.
B. Allow the
				licensee to enhance his knowledge and skills.
C. Provide opportunities for
				interdisciplinary learning.
D.
				Extend limits of professional capabilities and opportunities.
E. Facilitate personal contributions to the
				advancement of the profession.
Miss. Code Ann.
				  §
										73-75-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 6 - Continuing Education › Rule 30-3301-6.4 - Sources of Continuing Education

Current through June 25, 2024
A. Only
				courses/providers of CE courses approved by the BACB or a verified course
				sequence accrediting body specific to Behavior Analysis (e.g., ABAI, APBA) will
				be accepted as continuing education for licensure renewal purposes. A course
				not approved by the BACB or verified course sequence accrediting body specific
				to Behavior Analysis may be reviewed by the Board prior to attendance at the
				course. Contact the Board for information.
B. Continuing Education of the following
				types will be accepted:
Type
Engagement Form
CE Value
Learning
Attending CE courses approved by the BACB or a
								verified course sequence accrediting body specific to Behavior Analysis (e.g.,
								ABAI, APBA)
25 minutes of Learning is equivalent to 0.5
								CE
Completing didactic Behavior Analytic graduate
								courses with a passing grade ("C" or higher in a graded course or "pass" in a
								pass/fail system).
1 semester credit hour = 6.0 CE
Attending Mississippi Autism Board meeting
25 minutes of Learning is equivalent to 0.5 CE (not
								more than 6 CE may be allowed for this engagement each cycle regardless of how
								many hours are attended)
Teaching
Teaching CE courses approved by the BACB or a
								verified course sequence accrediting body specific to Behavior Analysis (e.g.,
								ABAI, APBA)
25 minutes of Teaching CE course equivalent to 0.5
								CE
Teaching university courses in Behavior Analysis at
								an accredited, degree-granting university
1 semester credit hour = 6.0 CE
Scholarship
Publishing an article on Behavior Analysis in a
								peer- reviewed journal
1 publication = 8.0 CE
B.
				Specific
UNACCEPTABLE
activities include:
1) All in-service programs not approved in
				accordance with Rule
				6.4(a) of these
				regulations.
2) Orientation to
				specific work-site programs dealing with organizational structures, processes,
				or procedures.
3) Meetings for
				purposes of policy decision.
4)
				Non-educational meetings at annual conferences, chapter, or organizational
				meetings.
5) Entertainment or
				recreational meetings or activities.
6) Committee meetings, holding of office,
				serving as an organizational delegate.
7) Visiting exhibits.
8) CPR education.
9) Self-directed studies other than those
				previously outlined.
10)
				Self-directed podcasts
11) Regular
				work activities as a Behavior Analyst or Associate Behavior Analyst.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 6 - Continuing Education › Rule 30-3301-6.5 - Reporting Procedures for Continuing Education

Current through June 25, 2024
Continuing education credit must be awarded by the approved
				  program provider on a form furnished by the program provider. Proof of program
				  approval by an organization in accordance with Rule
				  6.4(a) must be
				  submitted with the certificate if a recognized approval source is not evident
				  on the CE certificate.
It is the responsibility of the licensee to insure that the
				  following criteria are met with respect to continuing education credit:
				  Attendance at seminars, workshops, presentations, etc., approved by the BACB or
				  a verified course sequence accrediting body specific to Behavior Analysis
				  (e.g., ABAI, APBA) as required by Rule
				  6.4(a): Certificate
				  of attendance or completion must be submitted no later than June 30 of each
				  year (must include source, number of continuing education hours, form of
				  delivery (synchronous/asynchronous), and date of attendance).
Miss. Code Ann.
				  §
										73-75-21
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.1 - Standards of Conduct

Current through June 25, 2024
Licensees subject to these regulations shall conduct their
				  activities, services, and practice in accordance with this section. Licensees
				  may be subject to the exercise of the disciplinary sanctions enumerated in 8.6
				  of these regulations if the Board finds that a licensee is guilty of any of the
				  following:
A. Negligence in the
				practice or performance of professional services or activities.
B. Engaging in dishonorable, unethical, or
				unprofessional conduct of a character likely to deceive, defraud, or harm the
				public in the course of professional services or activities.
C. Perpetrating or cooperating in fraud or
				material deception in obtaining or renewing a license or attempting the
				same.
D. Being convicted of any
				crime which has a substantial relationship to the licensee's activities and
				services or an essential element of which is misstatement, fraud, or
				dishonesty.
E. Being convicted of
				any crime, which is a felony under the laws of this state or the United
				States.
F. Engaging in or
				permitting the performance of unacceptable services personally or by others
				working under the licensee's supervision due to the licensee's deliberate or
				negligent act or acts or failure to act, regardless of whether actual damage to
				the public is established.
G.
				Continued practice although the licensee has become unfit to practice as a
				behavior analyst or assistant behavior analyst due to:
1) failure to keep abreast of current
				professional theory or practice; or
2) physical or mental disability; the entry
				of an order or judgment by a court of competent jurisdiction that a licensee is
				in need of mental treatment or is incompetent shall constitute mental
				disability; or
3) addiction or
				severe dependency upon alcohol or other drugs which may endanger the public by
				impairing the licensee's ability to practice.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.2 - Rules For Professional Conduct

Current through June 25, 2024
All licensees must comply with the requirements of the
				  Professional and Ethical Compliance Code for Behavior Analysts published by the
				  BACB.
Miss. Code Ann.
				  §
										73-75-19
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.3 - Summary Suspension

Current through June 25, 2024
A. The Board may
				summarily suspend a license without a hearing, simultaneously with the filing
				of a formal complaint and notice of hearing, if the Board determines that:
1) the health, safety, or welfare of the
				public is in immediate danger; or
2) the licensee's physical capacity to
				practice his/her profession is in issue; or
3) the licensee's mental capacity to practice
				his/her profession is in issue.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.4 - Complaints

Current through June 25, 2024
All complaints concerning a licensee, the licensee's
				  business, or professional practice, shall be reviewed by the Board. Each
				  complaint received shall be logged, recording at a minimum the following
				  information:
A. licensee's
				name;
B. behavior technician and
				supervisor's names, if applicable;
C. name of the complaining party, if
				known;
D. date of
				complaint;
E. brief statement of
				complaint; and
F.
				disposition.
Miss. Code Ann.
				  §
										73-75-9
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.5 - Investigation

Current through June 25, 2024
A. Complaints
				should be submitted to the Board Administrator at the Board office.
1. If needed, the Board Administrator shall
				send the appropriate complaint forms to the complainant, but can otherwise be
				found on the agency website.
2. The
				complaint should be on the complaint forms approved by the Board.
3. The complaint should include the street
				address, phone numbers, email address, and any other reasonable contact
				information and releases of information of the individual filing the
				complaint.
4. The complaint should
				include any witness information.
5.
				For complaints submitted on the printed complaint forms, the complainant is
				responsible for completing, notarizing, and returning the forms to the Board
				Office.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.6 - Notice of Charges and Hearing

Current through June 25, 2024
A. Following the
				investigative process, the Board may file formal charges against the licensee.
				Such formal complaint shall, at a minimum, inform the licensee of the facts
				which are the basis of the charge and which are specific enough to enable the
				licensee to defend against the charges.
B. Each licensee, whose conduct is the
				subject of a formal charge which seeks to impose disciplinary action against
				the licensee, shall be served notice of the formal charge at least thirty (30)
				days before the date of hearing. A hearing shall be presided over by the Board
				or the Board's designee. Service shall be considered to have been given if the
				notice was personally received by the licensee, or the notice was mailed
				certified, return receipt requested, to the licensee at the licensee's last
				known address as listed with the Board. The notice of the formal hearing shall
				consist at a minimum of the following information:
1) the time, place and date of
				hearing;
2) that the licensee shall
				appear personally at the hearing and may be represented by counsel;
3) that the licensee shall have the right to
				produce witnesses and evidence in the licensee's behalf and shall have the
				right to cross- examine adverse witnesses and evidence;
4) that the hearing could result in
				disciplinary action being taken against the licensee's license;
5) that rules for the conduct of these
				hearings exist and it may be in the licensee's best interest to obtain a copy;
				and
6) that the Board, or its
				designee, shall preside at the hearing and following the conclusion of the
				hearing shall make findings of facts, conclusions of law and recommendations,
				separately stated, to the Board as to what disciplinary action, if any, should
				be imposed on the licensee.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.7 - Sanctions

Current through June 25, 2024
The Board may impose any of the following sanctions, singly
				  or in combination, when it finds that a licensee or applicant for license is
				  guilty of any violations of the practice act or any lawful order, rule or
				  regulation rendered or adopted by the Board:
A. Revoke the license.
B. Suspend the license, for a period not to
				exceed one (1) year.
C. Censure the
				licensee.
D. The Board shall have
				the right to recover applicable costs of investigation, prosecution, and
				adjudication of the disciplinary action from the offending licensee or
				applicant.
E. Place a licensee on
				probationary status and require the licensee to submit to any of the following:
1) report regularly to the Board, or its
				designee, upon matters which are the basis of probation;
2) continue to renew professional education
				until a satisfactory degree of skill has been attained in those areas which are
				the basis of probation; or
3) such
				other reasonable requirements or restrictions as are proper.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.8 - Criteria For Rehabilitation

Current through June 25, 2024
Upon the suspension or revocation of a license, the Board, in
				  evaluating the rehabilitation of such person and his eligibility for licensure,
				  will consider the following:
A. The
				nature and severity of the act(s) which resulted in the suspension or
				revocation of his license.
B. The
				extent of time elapsed since the commission of the act(s) which resulted in the
				suspension or revocation.
C.
				Whether he has committed any act(s) which if done by a licensee would be
				grounds for suspension or revocation of a license since the date of suspension
				or revocation.
D. Whether he has
				done any act(s) involving dishonesty, fraud, or deceit with the intent to
				substantially benefit himself or another, or substantially injure another since
				the date of the suspension or revocation.
E. Whether he has complied with any or all
				conditions or probation or restitution, or any other civil or criminal sanction
				imposed against him as a result of the act(s) including such administrative
				penalties and conditions or probation as have been imposed on him by the Board;
				and
F. Such other evidence of
				rehabilitation as the person may submit.
Miss. Code Ann.
				  §
										73-75-19
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 7 - Revocation, Suspension and Denial of License › Rule 30-3301-7.9 - Appeals

Current through June 25, 2024
Any person aggrieved by a decision of the Board shall have a
				  right of appeal in the manner provided for in the Act and the Laws of the State
				  of Mississippi.
Miss. Code Ann.
				  §
										73-75-19
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 8 - Exceptions and Exemptions › Rule 30-3301-8.1 - Exemptions

Current through June 25, 2024
Nothing in these rules shall be construed or interpreted in
				  such a manner as to limit a qualified assistant or paraprofessional in
				  performing duties related to applied behavior analysis as assigned by a
				  professional exempt by statute from the rules and regulations herein; except
				  that, no supervised assistant or paraprofessional shall perform duties under
				  such supervision that the exempt professional is not otherwise qualified to
				  perform.
Miss. Code Ann.
				  §
										73-75-5
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 8 - Exceptions and Exemptions › Rule 30-3301-8.2 - Good Samaritan Act

Current through June 25, 2024
[LEFT BLANK ON PURPOSE]
Miss. Code Ann.
				  §
										73-75-1
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.1 - Purpose

Current through June 25, 2024
The purpose of these regulations is to provide guidelines
				  specific to supervision and registration of behavior technicians by licensed
				  behavior analysts or licensed assistant behavior analysts; to provide for the
				  denial, suspension and revocation of such registration; to provide for the
				  denial, suspension and revocation of licenses of behavior analysts and
				  assistant behavior analysts employing or supervising behavior technicians; and
				  for related purposes. The licensed behavior analyst is responsible for all
				  conduct of the behavior technician. The behavior technician in the state of
				  Mississippi is not a separately licensed professional and works solely under
				  the license of the behavior analyst.
Miss. Code Ann.
				  §
										73-75-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.2 - Powers and Duties of the Board

Current through June 25, 2024
A. To deny, suspend
				or revoke licensure of behavior analysts and assistant behavior analysts or
				otherwise discipline licensed behavior analysts and assistant behavior analysts
				who employ or supervise behavior technicians, and who engage in unethical or
				questionable practices, or who fail to provide appropriate supervision of
				behavior technicians or who have encouraged or participated in any intentional
				act or omission that caused or assisted their behavior technicians to violate
				these regulations and/or any law.
B. To investigate alleged or suspected
				violations of the provisions of these regulations or other laws of this state
				pertaining to behavior technicians.
C. To maintain a register listing the name of
				every behavior technician registered in this state, his/her last known place of
				business and last known place of residence, and the date and number of his/her
				registration. Such a list shall be made publicly available by the
				Board.
D. To be responsible for all
				disputed matters involving whether an applicant shall be registered.
Miss. Code Ann.
				  §
										73-75-9 and Miss. Code Ann. §
										73-75-19
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.3 - Registration

Current through June 25, 2024
A.
Application for Registration:
An application for registration for
				a behavior technician shall be submitted by the supervising licensee to the
				Board at its principal office, 401 Mississippi Street, Jackson, Mississippi
				39203, on an application form provided by the Board. Every application shall be
				typed or written in ink, the signatures notarized and accompanied by the
				appropriate fee and by such evidence, statements, or documents as herein
				required.
B.
Abandonment of
				Application:
If the application process for registration is not
				completed within six (6) months, the application shall be considered abandoned,
				and a new application must be submitted before registration may be
				granted.
C.
Education
				Requirements:
The educational requirements for registration as a
				behavior technician shall be a minimum of a high school diploma or the
				equivalent.
D.
General
				Requirements:
The licensed behavior analyst or assistant behavior
				analyst who registers behavior technicians must determine that the applicant:
1) Is at least 18 years of age;
2) Is of good moral character;
3) Has met the minimum educational
				requirements;
4) Has adequate
				communication skills and the ability to relate to the clinical
				population;
5) Has current
				qualifications as a Registered Behavior TechnicianT from the
				BACB®;
6) Works under the
				supervision of a licensed behavior analyst or assistant behavior analyst;
				and
7) Shall be registered by the
				Board. No examination shall be required for registration.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.4 - Termination of Supervision

Current through June 25, 2024
Notice of Termination: Within seven (7) days after the
				  termination of the supervision of a behavior technician, the supervising
				  licensee shall notify the Board, in writing, of such termination and the date
				  of termination and return the certificate of registration to the Board. Failure
				  of a supervising licensee to comply with the provisions of this section may
				  result in disciplinary action pursuant to these regulations.
Miss. Code Ann.
				  §
										73-75-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.5 - Roles and Responsibilities of Licensees and Registrants

Current through June 25, 2024
Within the provision of applied behavior analysis service
				  there are two recognized levels of personnel: the professional behavior analyst
				  or assistant behavior analyst who is licensed to practice applied behavior
				  analysis; and the behavior technician who is registered, but is usually an
				  on-job-trained individual who provides support activities for the behavior
				  analyst or assistant behavior analyst. The behavior analyst or assistant
				  behavior analyst shall assume primary responsibility for applied behavior
				  analysis care rendered by and all conduct of the licensee and his/her behavior
				  technician(s). The behavior technician in the state of Mississippi is not a
				  separately licensed professional and works solely under the license of the
				  behavior analyst.
Miss. Code Ann.
				  §
										73-75-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.6 - Duties of the Behavior Technician

Current through June 25, 2024
Behavior technicians will comply with all restrictions on
				  practice and requirements established by the BACB.
Miss. Code Ann.
				  §
										73-75-23
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 9 - Regulations Governing Supervision and Registration of Behavior Technicians › Rule 30-3301-9.7 - Standards of Conduct for Behavior Technician; Duties of Supervisory Behavior Analyst or Assistant Behavior Analyst

Current through June 25, 2024
A.
Standards
				of Conduct:
Behavior analysts or assistant behavior analysts may, at the
				discretion of the Board, have their licensure suspended, revoked, or denied, or
				have their supervision authority limited, if the Board determines that a
				behavior technician under supervision of a behavior analyst or assistant
				behavior analyst:
1) Was convicted of a felony
				or an offense involving moral turpitude. The record of such conviction, or
				certified copy thereof from the clerk of the court where such conviction
				occurred or by the judge of that court, shall be sufficient evidence to warrant
				revocation or suspension.
2) Is
				guilty of securing, or attempting to secure a registration or certificate
				through fraud or deceit.
3) Is
				guilty of unethical conduct, or gross ignorance, or inefficiency in the conduct
				of his practice.
4) Is guilty of
				knowingly practicing while suffering with a contagious or infectious
				disease.
5) Has used a false name
				or alias in the practice of his profession.
6) Is unfit or incompetent by reason of
				negligence, habits, or other causes of incompetence.
7) Is habitually intemperate in the use of
				alcoholic beverages.
8) Is addicted
				to, or has improperly obtained, possessed, used or distributed, habit-forming
				drugs or narcotics.
9) Has
				practiced as a behavior technician after his registration or supervision has
				been terminated or suspended.
10)
				Has practiced as a behavior technician under cover of any permit or
				registration illegally or fraudulently obtained or issued.
11) Has violated or aided or abetted others
				in violation of any provision of the Act or regulations promulgated
				thereto.
12) Has engaged in any
				conduct considered by the Board to be detrimental to the profession of applied
				behavior analysis.
13) Has violated
				the provisions of any applicable state or federal laws, or
				regulations.
14) Has been
				disciplined by another jurisdiction if at least one (1) of the grounds for the
				discipline is the same or substantially equivalent to those set forth in the
				Act or rules and regulations promulgated pursuant to the Act.
15) Has violated any rule or policy of the
				BACB applicable to behavior technicians.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 3301 - MS AUTISM BOARD - LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS › Chapter 10 - Fees › Rule 30-3301-10.1 - Method of Payment

Current through June 25, 2024
In accordance with state law, the following non-refundable
				  fees, where applicable, are payable to the Board by check or money order
Miss. Code Ann.
				  §
										73-75-21