(A) Oversight of the treatment plan. An
applied behavior analysis treatment plan will typically be delivered through a
tiered structure using the services of supervisees, such as behavioral
technicians or assistants, acting under the authority and direction of a
certified Ohio behavior analyst. Non-supervisees such as family members,
community care workers, teachers, and direct care providers, might also, upon
agreement by the client and based on the professional judgment of the certified
Ohio behavior analyst, be included in various capacities in the treatment plan.
The certified Ohio behavior analyst shall exercise and retain oversight of the
implementation of the treatment plan by both supervisees and non-supervisees.
(1) If in the professional judgment of the
certified Ohio behavior analyst the individuals delivering the treatment plan
are not competent or are unwilling to follow the treatment plan, the certified
Ohio behavior analyst is responsible for retraining on the treatment plan,
modifying the treatment plan, or if necessary, discontinuing the treatment
plan.
(2) The certified Ohio
behavior analyst has more specific responsibilities for supervisees working
directly under the authority and direction of the certified Ohio behavior
analyst, pursuant to paragraph (C) of this rule.
(B) Establishment of the supervision plan.
The certified Ohio behavior analyst shall develop a supervision plan as a part
of each client treatment plan for applied behavior analysis services.
(1) The supervision plan as defined in
paragraph (R) of rule
4783-3-01 of the
Administrative Code shall include the names of all supervisees and
non-supervisees implementing the treatment plan, their relationship with the
client and their responsibilities relative to the implementation of the
treatment plan.
(2) The supervision
plan shall specify the amount and type of individual and/or group training and
supervision that will be provided to the individuals implementing the treatment
plan.
(3) The supervision plan may
incorporate any applicable professional training standards required for the
supervisee to earn any national certification or state licensure or
certification.
(C)
Responsibilities of the supervisor
(1) The
structure and process of supervision shall depend on the treatment goals,
procedures and interventions, treatment setting, the training and experience of
the supervisees and other providers, client caseload, treatment progress, and
risk to the service recipient, either from the intervention or from the
behavior(s) of concern.
(2) At a
minimum, supervision shall include:
(a)
Consultation with the supervisee(s) prior to the initiation of the treatment
plan.
(b) Training regarding
implementation of the treatment plan, data collection regarding effectiveness,
and measurement of client progress.
(c) Consultation with the supervisee(s) prior
to the modification of the treatment plan.
(d) Periodic direct observation of each
supervisee implementing assessment and treatment procedures with clients, with
performance evaluation and additional instruction as
necessary.
(3) The
frequency and intensity of face-to-face supervision shall be determined by the
certified Ohio behavior analyst based upon the supervisee's credentials,
experience, familiarity with the treatment plan, and by the responsibilities
delegated, as well as any applicable professional training standards required
for the supervisee to earn any national certification or state licensure or
certification.
(4) The certified Ohio behavior
analyst shall not delegate to any supervisee:
(a) The responsibility for
completing the evaluation/assessment of the client, including direct
observation.
(b) The responsibility for the
development of the treatment plan, including goals, interventions, frequency
and duration of treatment.
(c) The responsibility for review of
data supporting the efficacy or lack of efficacy of the treatment plan, and for
subsequent modifications to the treatment plan.
(d) The responsibility for ensuring
that all supervisees and additional care providers who will implement the
treatment plan are trained on the correct implementation procedures and the
collection of data.
(e) The responsibility to maintain
and retain the client's record as required in paragraph (B)(6) of rule
4783-7-01
of the Administrative Code.
(4)
A certified Ohio
behavior analyst is responsible for determining the competencies of the
individuals implementing the treatment plan and shall not delegate to any
supervisee tasks that the individual is not competent to
perform.
(5) The certified
Ohio behavior analyst shall be responsible for the outcome of the treatment
plan and for providing the necessary supervision to protect the health and
welfare of clients.
(6) The
certified Ohio behavior analyst shall retain responsibility for referrals of
clients to other professionals.
(7)
A certified Ohio behavior analyst shall not assume supervisory responsibility
for work that he/she is not personally competent to deliver.
(8) Before initiating applied behavior
analysis services, the certified Ohio behavior analyst shall inform the client
of the different roles and responsibilities of the supervisees, family members,
community care workers, teachers, and direct care providers and others as to
the implementation of the treatment plan.
(a)
A supervisor has full responsibility to document in writing that each client is
clearly informed of the roles and responsibilities of each supervisee and
non-supervisee implementing the plan.
(b) The client shall be informed of the right
to access the certified Ohio applied behavior analyst to discuss the treatment
plan or review concerns.
(9) A certified Ohio behavior
analyst is responsible for determining the competencies of the individuals
implementing the treatment plan and shall not assign tasks that these
individuals are not competent to perform.
(10)(9) A
certified Ohio behavior analyst shall not provide supervision to any person
with whom he/she has a relationship that might impair the objectivity,
judgment, and/or competence of the certified Ohio behavior analyst.
(a) A certified Ohio behavior analyst shall
not designate as a supervisee any person who has administrative or funding
authority over him/her. It is understood that parents or legal guardians may be
part of implementing a treatment plan that is supervised by a certified Ohio
behavior analyst.
(b) There should
be no direct family relationship between a certified Ohio behavior analyst and
a supervisee.
(11)(10) A certified Ohio
behavior analyst shall not supervise any person who he/ she knows is illegally
providing applied behavior analysis services to the public either within or
outside of the supervisory relationship.
(12) The certified Ohio behavior
analyst, under whose authority and direction the supervisee is acting under
paragraphs (B)(3) and (B)(4) of rule
4783-5-01
of the Administrative Code shall sign an attestation stating that the certified
Ohio behavior analyst is responsible for the care provided by the individual.
These attestations shall be retained as by the certified Ohio behavior analyst
but should not be sent to the board unless requested.
(13)(11)
A certified Ohio behavior analyst shall keep records of supervision. These
records shall include the signed attestation meeting
requirements of paragraph (C)(8) of this rule, supervision plans for
each client treatment plan, dates of training on treatment plans, procedures,
and interventions, and the supervision provided when treatment plans are
reviewed or modified. These records shall be maintained for a period of five
years following the termination of supervision and shall be made available to
the board upon request.
(14)(12) A supervisor
shall not engage in sexual intercourse or other sexual intimacies with any
supervisee or engage in sexual harassment or any verbal or nonverbal conduct
that is sexual in nature with a supervisee, family member, community care
worker, teacher, or direct care provider implementing the treatment
plan.
(15)(13) A supervisor
shall not exploit a supervisee for financial gain or with excessive work
demands.
(16)(14) The violation of
any statute or rule of the board by a supervisee may result in an investigation
of the adequacy of the supervision.