Pa. Code 5240.81

Staff qualifications for ABA services

This section establishes minimum staff qualification requirements for personnel providing ABA services within an Intensive Behavioral Health Services (IBHS) agency in Pennsylvania. It specifies credential, licensure, degree, and experience requirements for administrative directors, clinical directors, behavior analytic services providers, behavior consultation-ABA providers, assistant behavior consultation-ABA providers, and BHT-ABA providers. Facility operators must ensure all staff delivering ABA services meet the applicable tiered qualification standards, including BCBA/BCaBA certifications, relevant licensure, and required hours of training or supervised experience.

55 Pa. Code § 5240.81 - Staff qualifications for ABA services 

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(a)
 An administrative director of an IBHS
 agency that provides ABA services shall meet one of the following: 
 
(1)
 Have a bachelor's degree in ABA,
 psychology, social work, counseling, education, public administration, business
 administration or related field from a college or university accredited by an
 agency recognized by the United States Department of Education or the Council
 for Higher Education Accreditation or an equivalent degree from a foreign
 college or university that has been evaluated by the Association of
 International Credential Evaluators, Inc. or the National Association of
 Credential Evaluation Services. The Department will accept a general
 equivalency report from the listed evaluator agencies to verify a foreign
 degree or its equivalency.

(2)
 The
 qualifications for a clinical director in subsection (b).

(b)
 A clinical director of an IBHS agency
 that provides ABA services shall meet one of the following: 
 
(1)
 Be licensed in this Commonwealth as a
 physician practicing psychiatry, psychologist, professional counselor, marriage
 and family therapist, certified registered nurse practitioner with a mental
 health certification, clinical social worker, social worker, behavior
 specialist or other professional with a scope of practice that includes
 overseeing the provision of ABA services and have one of the following: 
 
(i)
 A certification as a BCBA or other
 graduate-level certification in behavior analysis that is accredited by the
 National Commission for Certifying Agencies or the American National Standards
 Institute.

(ii)
 A graduate degree
 or graduate certificate in ABA from a college or university accredited by an
 agency recognized by the United States Department of Education or the Council
 for Higher Education Accreditation or an equivalent degree from a foreign
 college or university that has been evaluated by the Association of
 International Credential Evaluators, Inc. or the National Association of
 Credential Evaluation Services and a minimum of 1 year of full-time experience
 in providing ABA services. The Department will accept a general equivalency
 report from the listed evaluator agencies to verify a foreign degree or its
 equivalency.

(2)
 As of
 October 19, 2019, be a licensed psychologist in this Commonwealth and have a
 minimum of 3 years of full-time experience in providing clinical oversight of
 an ABA program and a minimum of 40 hours of training related to ABA approved by
 the Department or provided by a continuing education provider approved by the
 Behavior Analyst Certification Board.

(c)
 By July 1, 2022, a clinical director of
 an IBHS agency that provides ABA services shall meet one of the following: 
 
(1)
 Be licensed in this Commonwealth as a
 physician practicing psychiatry, psychologist, certified registered nurse
 practitioner, professional counselor, marriage and family therapist, clinical
 social worker, behavior specialist, social worker or other professional with a
 scope of practice that includes overseeing the provision of ABA services and
 have a certification as a BCBA or other graduate-level certification in
 behavior analysis that is accredited by the National Commission for Certifying
 Agencies or the American National Standards Institute and a minimum of 2 years
 of experience in providing ABA services.

(2)
 Be licensed in this Commonwealth as a
 psychologist and have a minimum of 5 years of full-time experience providing
 clinical oversight of an ABA program and a minimum of 40 hours of training
 related to ABA approved by the Department or provided by a continuing education
 provider approved by the Behavior Analyst Certification Board.

(3)
 Be licensed in this Commonwealth as a
 psychologist and have a graduate degree or graduate certificate in ABA from a
 college or university accredited by an agency recognized by the United States
 Department of Education or the Council for Higher Education Accreditation or
 have an equivalent degree from a foreign college or university that has been
 evaluated by the Association of International Credential Evaluators, Inc. or
 the National Association of Credential Evaluation Services. The Department will
 accept a general equivalency report from the listed evaluator agencies to
 verify a foreign degree or its equivalency.

(d)
 Individuals who provide ABA services
 through behavior analytic services shall be licensed in this Commonwealth as a
 psychologist, professional counselor, marriage and family therapist, clinical
 social worker, social worker, behavior specialist, certified registered nurse
 practitioner or a professional with a scope of practice that includes
 overseeing the provision of ABA services and have a certification as a BCBA or
 other graduate-level certification in behavior analysis that is accredited by
 the National Commission for Certifying Agencies or the American National
 Standards Institute.

(e)
 Individuals
 who provide ABA services through behavior consultation-ABA services shall meet
 one of the following:
(1)
 Be licensed in this
 Commonwealth as a psychologist, professional counselor, marriage and family
 therapist, clinical social worker, social worker, behavior specialist,
 certified registered nurse practitioner or a professional with a scope of
 practice that includes overseeing the provision of ABA services and have one of
 the following:
(i)
 A certification as a BCaBA
 or other undergraduate-level certification in behavior analysis that is
 accredited by the National Commission for Certifying Agencies or the American
 National Standards Institute.

(ii)

 A minimum of 1 year of full-time experience providing ABA services and a
 minimum of 12 credits in ABA from a college or university accredited by an
 agency recognized by the United States Department of Education or the Council
 for Higher Education Accreditation or the equivalent from a foreign college or
 university that has been evaluated by the Association of International
 Credential Evaluators, Inc. or the National Association of Credential
 Evaluation Services.

(iii)
 A
 minimum of 1 year of full-time experience providing ABA services under the
 supervision of a professional with a certification as a BCBA or other
 graduate-level certification in behavior analysis that is accredited by the
 National Commission for Certifying Agencies or the American National Standards
 Institute and a minimum of 40 hours of training related to ABA approved by the
 Department or provided by a continuing education provider approved by the
 Behavior Analyst Certification Board. 

(2)
 Be licensed in this Commonwealth as a
 psychologist and have a minimum of 1 year of full-time experience providing ABA
 services and a minimum of 40 hours of training related to ABA approved by the
 Department or provided by a continuing education provider approved by the
 Behavior Analyst Certification Board.

(f)
 Individuals who provide ABA services
 through assistant behavior consultation-ABA services shall meet one of the
 following: 
(1)
 Have the qualifications for
 licensure as a behavior specialist under 49 Pa. Code §
18.524
 (relating to
 criteria for licensure as behavior specialist) except the experience required
 under section 18.524(c).

(2)
 Have a
 certification as a BCaBA or other undergraduate-level certification in behavior
 analysis that is accredited by the National Commission for Certifying Agencies
 or the American National Standards Institute and a bachelor's degree in
 psychology, social work, counseling, education or related field from a college
 or university accredited by an agency recognized by the United States
 Department of Education or the Council for Higher Education Accreditation or an
 equivalent degree from a foreign college or university that has been evaluated
 by the Association of International Credential Evaluators, Inc. or the National
 Association of Credential Evaluation Services. The Department will accept a
 general equivalency report from the listed evaluator agencies to verify a
 foreign degree or its equivalency.

(3)
 Have a minimum of 6 months of experience
 in providing ABA services and a bachelor's degree in psychology, social work,
 counseling, education or related field and a minimum of 12 credits in ABA from
 a college or university accredited by an agency recognized by the United States
 Department of Education or the Council for Higher Education Accreditation or
 the equivalent from a foreign college or university that has been evaluated by
 the Association of International Credential Evaluators, Inc. or the National
 Association of Credential Evaluation Services. The Department will accept a
 general equivalency report from the listed evaluator agencies to verify a
 foreign degree or its equivalency.

(g)
 By July 1, 2020, individuals who provide
 ABA services through BHT-ABA services shall meet one of the following: 
 
(1)
 Have a certification as a
 BCaBA.

(2)
 Have a certification as
 an RBT.

(3)
 Have a certification as
 a BCAT.

(4)
 Have a behavior
 analysis certification from an organization that is accredited by the National
 Commission for Certifying Agencies or the American National Standards
 Institute.

(5)
 Have a high school
 diploma or the equivalent of a high school diploma and have completed a 40-hour
 training covering the RBT Task List as evidenced by a certification that
 includes the name of the responsible trainer, who is certified as a BCBA or
 BCaBA.

(6)
 Have a minimum of 2
 years of experience in providing ABA services and a minimum of 40 hours of
 training related to ABA approved by the Department or provided by a continuing
 education provider approved by the Behavior Analyst Certification
 Board.

Notes

55

 Pa. Code §
 
5240.81

This section cited in 55 Pa. Code §
 
1155.31
 (relating to general
 payment policy); 55 Pa. Code §
 
1155.33
 (relating to payment
 conditions for ABA services); 55 Pa. Code §
 
5240.82
 (relating to supervision
 of staff who provide ABA services); 55 Pa. Code §
 
5240.86
 (relating to individual
 treatment plan); 55 Pa. Code §
 
5240.91
 (relating to staff
 requirements and qualifications for group services); 55 Pa. Code §
 
5240.93
 (relating to training
 requirements for staff who provide group services); 55 Pa. Code §
 
5240.97
 (relating to group
 services provision); and 55 Pa. Code §
 
5240.98
 (relating to requirements
 for group services in school
 settings).

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