Louisiana Behavior Analyst Board

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Louisiana Behavior Analyst Board

Act 351 of the 2013 Legislative Session created the Louisiana Behavior Analyst Board and the Behavior Analyst Practice Act.  Act 351 provides for the licensure, certification and registration of individuals practicing ABA in the State of Louisiana.

The Louisiana State Board of Behavior Analyst Seal

The mission of the Louisiana Behavior Analyst Board is to protect the public from unauthorized, unqualified, and improper or unethical services by ensuring applied behavior analysis services received by the citizens of Louisiana meet or exceed the established published standards.

Rules Chapter 6

Chapter 6. Rules for Disciplinary Action

601. Applicability; Confidentiality

A.  These rules shall be applicable to any action of the Louisiana Behavior Analyst Board to withhold, deny, revoke or suspend any behavior analysts license on any of the grounds set forth in R.S. 37:3704 or under any other applicable law, regulation or rule, when such action arises from a complaint as defined in this Section.

B.  Unless otherwise provided by law, the board may delegate its authority and responsibility under these rules to a committee of one or more board members, to a hearing officer, or to other persons.

C.  A complaint remains confidential and may only be released to the public if the licensee is found guilty of a violation of a provision of the agreement or subsequent violation of the Act.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704.

HISTORICAL NOTE:  Promulgated by the Department of Health and Hospitals, Behavior Analyst Board, LR 40:1931 (October 2014).

602. Complaints

A.  A complaint is defined as the receipt of any information by the board indicating that there may be grounds for disciplinary action against a behavior analyst, or any other individual working under a behavior analyst’s legal functioning authority, under the provisions of 37:3712, or other applicable law, regulation or rule.

B.  Upon receipt of a complaint, the board may initiate and take such action, as it deems appropriate.

C.  Complaints may be initiated by any person or by the board on its own initiative.

D.  Upon receipt of complaints from other persons, the board will make available the required investigation form(s) to said person(s). Ordinarily, the board will not take additional action until the form is satisfactorily completed.

  1. Except under unusual circumstances, the board will take no action on anonymous complaints.
  2. If the information furnished in the request for investigation form is not sufficient, the board may request additional information before further considering the complaint.

E.  The investigation form(s) shall be addressed confidential to the complaints committee of the board and sent to the board office.

F.  All complaints received shall be assigned a sequentially ordered complaint number, which shall be utilized in all official references.

G.  The board’s complaints coordinator shall determine whether the complaint warrants further investigation.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704 and R.S. 37:3712.

HISTORICAL NOTE:  Promulgated by the Department of Health and Hospitals, Behavior Analyst Board, LR 40:1931 (October 2014).

603. Investigation

A.  If the complaint’s coordinator determines that a complaint warrants further investigation, the board’s complaint’s coordinator shall notify the licensee or applicant against whom the complaint has been made (hereinafter referred to as “respondent”) by certified mail. The notice to the respondent shall include the following:

  1. notice that a complaint has been filed;
  2. a statement of the nature of the complaint;
  3. a reference to the particular sections of the statutes, rules or ethical standards that may be involved;
  4. copies of the applicable laws, rules and regulations of the board; and
  5. a request for cooperation in obtaining a full understanding of the circumstances.

B.  The respondent shall provide the board, within 30 days, a written statement giving the respondent’s view of the circumstances, which are the subject of the complaint. If the respondent refuses to reply to the board’s inquiry or cooperate with the board, the board shall continue its investigation.

C.  The board may conduct such other investigation, as it deems appropriate.

D.  During the investigation phase, the board may communicate with the complainant and with the respondent in an effort to seek a resolution of the complaint satisfactory to the board without the necessity of a formal hearing.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704 and R.S. 37:3712.

HISTORICAL NOTE:  Promulgated by the Department of Health and Hospitals, Behavior Analyst Board, LR 40:1931 (October 2014).

604. Formal Hearing

A.  The purpose of a formal hearing is to determine contested issues of law and fact; whether the person did certain acts or omissions and, if he/she did, whether those acts or omissions violated the Louisiana Behavior Analyst Licensing Act, the rules and regulations of the board, the code of ethics of the behavior analysts, or prior final decisions and/or consent orders involving the licensed behavior analyst or applicant for licensure and to determine the appropriate disciplinary action.

B.  If, after completion of its investigation, the board determines that the circumstances may warrant the withholding, denial, revocation or suspension of a behavior analyst’s license or assistant’s certificate, the board shall initiate a formal hearing.

C.  The formal hearing shall be conducted in accordance with the adjudication procedures set forth in the Louisiana Administrative Procedure Act.

D.  Upon completion of the adjudication hearing procedures set forth in the Louisiana Administrative Procedure Act, the board shall take such action, as it deems appropriate on the record of the proceeding. Disciplinary action under R.S. 37:3712 requires the affirmative vote of at least four of the members of the board.

E.  The form of the decision and order, application for rehearing and judicial review shall be governed by the provisions of the Louisiana Administrative Procedure Act.

F.  The board shall have the authority at anytime to determine that a formal hearing should be initiated immediately on any complaint. The complaint and investigation procedures set forth above shall not create any due process rights for a respondent who shall be entitled only to the due process provided under the Louisiana Administrative Procedure Act.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704 and R.S.37:3712.

HISTORICAL NOTE:  Promulgated by the Department of Health and Hospitals, Behavior Analyst Board, LR 40:1932 (October 2014).

605. Withdrawl of a Complaint

A.  If the complainant wishes to withdraw the complaint, the inquiry is terminated, except in cases where the board’s complaints coordinator judges the issues to be of such importance as to warrant completing the investigation in its own right and in the interest of public safety and welfare.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704 and R.S. 37:3712.

HISTORICAL NOTE:  Promulgated by the Department of Health and Hospitals, Behavior Analyst Board, LR 40:1932 (October 2014).

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