Section R4-26-401. Definitions

A.      The definitions in A.R.S. § 32-2091 apply in this Article.

B.       Additionally, in this Article:

1.        “Advertising” means any media used to disseminate information regarding the qualifications of a behavior analyst in order to solicit clients for behavior analysis ser- vices, regardless of whether the behavior analyst pays for the advertising.

2.        “Applicant” means an individual who applies to the Board for an initial or renewal license.

3.        “BACB” means the Behavior Analyst Certification Board.

4.        “Confidential information” means:

a.         Minutes of an executive session of the Board except as provided under A.R.S. § 38-431.03(B);

b.        A record that is classified as confidential by a statute or rule applicable to the Board;

c.         Materials relating to an investigation by the Board, including a complaint, response, client record, wit- ness statement, investigative report, and any infor- mation relating to a client’s diagnosis, treatment, or personal family life; and

d.        The following regarding an applicant or licensee:

i.         College or university transcripts if requested from the Board by a person other than the applicant or licensee;

ii.        Home address, telephone number, and e-mail address;

iii.      Test scores;

iv.       Date of birth;

v.        Place of birth; and

vi.       Social Security number.

5.        “Gross negligence” means an extreme departure from the ordinary standard of care.

6.        “Inactive status” means a behavior analyst maintains a license as a behavior analyst but is prohibited from prac- ticing behavior analysis or holding oneself out as practic- ing behavior analysis in Arizona.

7.        “License period” means the two years between May 1 of one odd-numbered year and April 30 of the next odd- numbered year.

8.        “Mitigating circumstances that prevent resolution” means factors the Board considers in reviewing allegations against an applicant or licensee of unprofessional conduct occurring in another regulatory jurisdiction when the alle- gations would not prohibit licensure in Arizona. The fac- tors may include:

a.         Nature of the alleged conduct,

b.        Severity of the alleged conduct,

c.         Recentness of the alleged conduct,

d.        Actions taken by the applicant to remedy potential violations, and

e.         Whether the alleged conduct was an isolated inci- dent or part of a recurring pattern.

9.        “Party” means the Board, an applicant, a licensee, or the state.

10.     “Psychometric testing materials” means manuals, instru- ments, protocols, and questions or stimuli used in testing.

11.     “Raw test data” means test scores, client responses to test questions or stimuli, and a behavior analyst’s notes and recordings concerning client statements and behavior during examination.

12.     “Recognized accrediting agency” means a regional accrediting agency recognized by the U.S. Department of Education or a quality assurance or accreditation entity authorized to operate by a foreign government.

13.     “Regulatory jurisdiction” means a state or territory of the United States, the District of Columbia, or a foreign country with authority to grant or deny entry into a pro- fession or occupation.

14.     “Supervised experience” means supervised work experi- ence, independent fieldwork, university practicum, or intensive university practicum.

Historical Note

Section made by final rulemaking at 18 A.A.R. 2490, effective September 11, 2012 (Supp. 12-3).