Md. Code Regs. 10.58.16.12

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

Section 10.58.16.12 - Delivery of Service Model

A. The provision of behavior analytic services may take one of three forms:

(1) A tiered-service delivery model;

(2) A direct service model; or

(3) A consultative model.

B. Unless a consultation agreement described in §E of this regulation exists, a licensed behavior analyst shall be ultimately responsible for the design and implementation of behavior analytic services that are in the best interest of the client, under the licensed behavior analyst's supervision.

C. Tiered Service Delivery Model.

(1) A licensed behavior analyst may utilize the services of supervisees to deliver behavior analysis services to clients, provided the licensed behavior analyst does so in accordance with this regulation and requirements set by the Behavior Analyst Certification Board.

(2) Under a tiered delivery service model:

(a) A licensed behavior analyst and a supervisee shall comply with the supervision responsibilities specified in Regulation .13 of this chapter and requirements set by the Behavior Analyst Certification Board;

(b) A licensed behavior analyst shall be responsible for all aspects of clinical direction, supervision, and case management, including activities of supervisees;

(c) A supervisee shall deliver assessment and treatment protocols as directed by and under the close and ongoing supervision of a licensed behavior analyst; and

(d) The licensed behavior analyst may delegate responsibilities to supervisees only if, in the judgment of the licensed behavior analyst:

(i) The task or procedures can be properly and safely performed by the supervisee;

(ii) Delegation does not jeopardize the health or safety of the client; and

(iii) The delegation is in accordance with the current supervision requirements of the Behavior Analyst Certification Board or successor organization.

D. Direct Delivery Service Model. Under a direct service delivery model, a licensed behavior analyst shall be responsible for all aspects of case management and implementation of assessment and treatment protocols.

E. Consultation Agreement. Under a consultation agreement, a licensed behavior analyst:

(1) Shall enter into a contract with the individual or entity for whom the licensed behavior analyst will be consulting that defines:

(a) The frequency of the consultation;

(b) The location of the consultation; and

(c) The expectations of both parties to the contract;

(2) Shall act principally in the best interest of the individual or entity for which the licensed behavior analyst will be consulting, with appropriate consent, subject to other relevant considerations, including applicable law and contractual obligations;

(3) When indicated and professionally appropriate, shall cooperate with other professionals in a manner that is consistent with the philosophical assumptions and principles of behavior analysis, to effectively and appropriately serve their clients; and

(4) May be held responsible for the treatment of a client for whom a behavior analytic treatment plan was recommended.

Md. Code Regs. 10.58.16.12

Regulation .12 adopted effective 44:10 Md. R. 473, eff. 5/22/2017