Md. Code Regs. 10.58.16.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.58.16.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Asynchronous" means not occurring in real time.

(2) "Board" means the Board of Professional Counselors and Therapists.

(3) "Board-certified assistant behavior analyst" means an individual who:

(a) Is credentialed by the Behavior Analyst Certification Board or a successor organization; and

(b) Practices under the supervision of a licensed behavior analyst in accordance with the Behavior Analyst Certification Board's description of the role and functions of a board-certified assistant behavior analyst and supervision requirements.

(4) "Board-certified behavior analyst" means an individual credentialed by the Behavior Analyst Certification Board or a successor organization.

(5) "Committee" means the Behavior Analyst Advisory Committee.

(6) "In-person" means within the physical presence of the individual receiving behavior analyst services or the individual's caregiver.

(7) "License" means a license issued by the Board to practice behavior analysis.

(8) "Licensed behavior analyst" means a behavior analyst licensed by the Board to practice behavior analysis.

(9) "Paraprofessional" means an individual who:

(a) Practices behavior analysis under the supervision of a licensed behavior analyst in accordance with requirements set by the Behavior Analyst Certification Board; and

(b) Is not a board-certified assistant behavior analyst; and

(c) May be a registered behavior technician.

(10) Practice Behavior Analysis.

(a) "Practice behavior analysis" means to design, implement, and evaluate systematic instructional and environmental modifications to produce socially significant improvements in human behavior.

(b) "Practice behavior analysis" includes:

(i) The empirical identification of functional relations between behavior and environmental factors, also known as functional assessment and analysis; and

(ii) Interventions based on scientific research and the direct observation and measurement of behavior and environment.

(c) "Practice behavior analysis" does not include:

(i) Psychological testing;

(ii) Diagnosis of a mental or physical disorder;

(iii) Neuropsychology;

(iv) Psychotherapy;

(v) Cognitive therapy;

(vi) Sex therapy;

(vii) Psychoanalysis or hypnotherapy; or

(viii) Counseling.

(11) "Registered behavior technician" means an individual who:

(a) Is credentialed as a registered behavior technician by the Behavior Analyst Certification Board or a successor organization; and

(b) Practices behavior analysis under the close, ongoing supervision of a licensed behavior analyst in accordance with requirements set by the Behavior Analyst Certification Board.

(12) "Supervisee" means an individual who implements behavior analytic assessment or intervention procedures under the supervision of a licensed behavior analyst. Supervisees include, but are not limited to:

(a) Board-Certified Assistant Behavior Analysts;

(b) Paraprofessionals;

(c) Matriculated undergraduate or graduate students engaging in behavior analytic activities to fulfill requirements for coursework, practica, internships, theses, dissertations, graduate assistantships, or independent study; and

(d) Non-students who are completing the supervised experiential training eligibility requirement for certification by the Behavior Analyst Certification Board.

(13) "Supervision" means:

(a) The ongoing monitoring of implementation quality, the frequency of which should be based on the supervisee's:

(i) Training;

(ii) Competence; and

(iii) Experience;

(b) The nature of the assessment or intervention procedures delegated to the supervisee; and

(c) Meeting the minimum supervision requirements of the Behavior Analyst Certification Board.

(14) "Supervisor" means a licensed behavior analyst who:

(a) Provides supervision to a supervisee; and

(b) Meets the minimum supervision requirements of the Behavior Analyst Certification Board.

(15) "Synchronous" means occurring in real time.

(16) "Telehealth" has the meaning stated in Health Occupations Article, §1-1001, Annotated Code of Maryland.

(17) "Telehealth practitioner" means an individual authorized to provide telehealth services in Maryland pursuant to Health Occupations Article, Title 17, Subtitle 6A, Annotated Code of Maryland, who performs telehealth services within their respective scope of practice.

Md. Code Regs. 10.58.16.02

Regulation .02 adopted effective 44:10 Md. R. 473, eff. 5/22/2017; amended effective 50:18 Md. R. 798, eff. 9/18/2023