7 Alaska Admin. Code § 135.300

Current through September 25, 2024
Section 7 AAC 135.300 - Autism services; provider qualifications
(a) To qualify for payment for autism services, a provider must be a community behavioral health services provider, a behavior analyst who meets the requirements in (c) of this section, or a behavior analyst group practice enrolled under 7 AAC 105.210. If the provider is
(1) a community health behavioral services provider, the provider must
(A) meet the qualifications in 7 AAC 70.100 and 7 AAC 135.030;
(B) employ at least one behavior analyst licensed under AS 08.15.020(a); the provider may, subject to (D) of this paragraph, employ an assistant behavior analyst licensed under AS 08.15.020(b), or employ an autism behavior technician under (i) of this section who meets the requirements in (c)(3) of this section;
(C) obtain prior authorization for providing an extension of autism services in accordance with 7 AAC 105.130 and 7 AAC 135.040(d);
(D) ensure that each individual rendering autism services is supervised in accordance with (d) of this section, and separately enrolled under 7 AAC 105.210; and
(E) provide autism services in accordance with 7 AAC 135.350;
(2) a behavior analyst, the provider must
(A) be enrolled as an independent provider in accordance with 7 AAC 105.200(a) and 7 AAC 105.210;
(B) obtain prior authorization for providing an extension of autism services in accordance with 7 AAC 105.130 and 7 AAC 135.040(d); and
(C) provide autism services in accordance with 7 AAC 135.350;
(3) a behavior analyst group practice, the provider must
(A) be enrolled under 7 AAC 105.210 as a behavior analyst group practice;
(B) be comprised of at least one licensed behavior analyst;
(C) ensure that each individual providing autism services is supervised in accordance with (d) of this section, and separately enrolled as a provider in accordance with 7 AAC 105.210;
(D) obtain prior authorization for providing an extension of autism services in accordance with 7 AAC 105.130 and 7 AAC 135.040(d); and
(E) provide services in accordance with 7 AAC 135.350.
(b) A provider may only provide autism services to a recipient listed in 7 AAC 135.020(e) or (f),
(c) Autism services may only be provided by
(1) a behavior analyst who
(A) is enrolled as a behavior analyst and an independent provider under 7 AAC 105.200(a) and 7 AAC 105.210;
(B) has an active license to practice behavior analysis issued
(i) by the jurisdiction in which the behavior analyst provides services, if the behavior analyst provides services outside this state; or
(ii) under AS 08.15.020(a), if the behavior analyst provides services in this state; and
(C) is currently certified by the Behavior Analyst Certification Board, Inc., or another certifying entity approved under AS 08.15.020(a)(4);
(2) an assistant behavior analyst who
(A) is enrolled as an assistant behavior analyst and a rendering provider under 7 AAC 105.200(b) and 7 AAC 105.210;
(B) has an active license to practice as an assistant behavior analyst issued
(i) by the jurisdiction in which the assistant behavior analyst provides services, if the assistant behavior analyst provides services outside this state; or
(ii) under AS 08.15.020(b), if the assistant behavior analyst provides services in this state; and
(C) is currently certified by the Behavior Analyst Certification Board, Inc., or another certifying entity approved under AS 08.15.020(b)(4); or
(3) an autism behavior technician who is
(A) enrolled as an autism behavior technician and a rendering provider under 7 AAC 105.200(b) and 7 AAC 105.210; and
(B) currently registered by the Behavior Analyst Certification Board, Inc., currently certified by the Behavior Intervention Certification Council, or currently registered or certified by a similar organization approved by the department, except that an autism behavior technician who is not yet registered or certified on July 1, 2018 may continue to provide autism services in accordance with (i) of this section, but must become registered or certified not later than June 30, 2019,
(d) A licensed behavior analyst who wishes to supervise an assistant behavior analyst or an autism behavior technician, and a licensed assistant behavior analyst who wishes to supervise an autism behavior technician, must first complete the supervisory training required by the Behavior Analyst Certification Board, Inc., or another certifying entity approved under AS 08.15.020.
(e) To be enrolled with the department, a licensed behavior analyst licensed assistant behavior analyst, and autism behavior technician may not have been denied a health care provider license, certification, or registration for a reason related to patient services described in 7 AAC 105 - 7 AAC 160, or ever had a license, certification, or registration revoked. A licensed behavior analyst, licensed assistant behavior analyst, and autism behavior technician are subject to the applicable requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990 (barrier crimes, criminal history checks, and centralized registry), and shall submit to the department a request for a criminal history check as required under 7 AAC 10.910,
(f) The department will not pay for services provided by a licensed behavior analyst, licensed assistant behavior analyst, or autism behavior technician for whom a criminal history check was not requested as required under 7 AAC 10.910 or who does not pass a criminal history check under 7 AAC 10.900 - 7 AAC 10.990. However, except as restricted by applicable federal law, the department will not withhold payment if it grants a provisional valid criminal history check under 7 AAC 10.920 or a variance under 7 AAC 10.935.
(g) A licensed behavior analyst with the training required under (d) of this section may supervise the work of an assistant behavior analyst and an autism behavior technician.
(h) A licensed assistant behavior analyst must be supervised by a licensed behavior analyst with the training required under (d) of this section. A licensed assistant behavior analyst with the training required under (d) of this section may supervise the work of an autism behavior technician,
(i) An autism behavior technician is an individual who is primarily responsible for the direct implementation of behavior analysis services. For purposes of the exemption under AS 08,15.070(3) from licensure, an autism behavior technician must be supervised by a licensed behavior analyst or licensed assistant behavior analyst with the training required under (d) of this section. An autism behavior technician may not design intervention or assessment plans. An autism behavior technician is responsible for implementing interventions developed by the supervisory behavior analyst or assistant behavior analyst, including
(1) providing instruction;
(2) introducing behavior protocols;
(3) providing direct assistance to the behavior analyst or assistant behavior analyst;
(4) engaging in data collection procedures;
(5) providing behavioral intervention in home, community, and school settings;
(6) using applied behavior analysis interventions to teach communication, social, and daily living skills and reduce problematic behaviors; and
(7) providing applied behavior analysis interventions that encourage socially acceptable replacement behaviors so an individual can build and improve the individual's communication, social interaction, and problem-solving skills.

7 AAC 135.300

Eff. 7/1/2018,Register 226, July 2018

Information on supervisory certification by the Behavior Analyst Certification Board, Inc., may be obtained from the Behavior Analyst Certification Board, Inc., 7950 Shaffer Parkway, Littleton, CO 80127; telephone number: (720) 438-4321; Internet address: https://bacb.com/contact-us./.

Authority:AS 47.05.010

AS 47.07.030