| (a) A license holder shall:
(1) enter into a service agreement with a client, as
defined in §121.10, when behavior analysis services are to be
provided;
(A) A behavior analyst shall describe the services
to be delivered in a service agreement that may include the following
activities: consultation, assessment, training, treatment design,
treatment implementation, and treatment evaluation.
(B) A behavior analyst shall create a written treatment
plan when the service agreement provides for delivering treatment
to an individual.
(C) A treatment plan is not required if a license holder
will not deliver treatment to an individual.
(2) include in the service agreement or otherwise document
and disclose to a client, as appropriate:
(A) the client's consent to treatment that is transitional
or provisional or for which its effectiveness has not yet been established,
or effectiveness has not yet been established for the method, manner,
or mode of treatment for which consent is obtained;
(B) conflicts of interest or multiple relationships
that a license holder is aware of or becomes aware of, as defined
in §121.10;
(C) a description of how a conflict of interest or
multiple relationship will be addressed if one is discovered or disclosed;
(D) the acknowledgment of known conflicts of interest
or multiple relationships and agreement to begin or to continue behavior
analysis services despite them; and
(E) a reasoned justification for beginning or continuing
to provide behavior analysis services if conflicts of interest or
multiple relationships are acknowledged;
(3) re-evaluate treatment progress as needed and at
least annually, and document the evaluation; and
(4) comply with all applicable requirements of the
license holder's certifying entity, including the BACB Ethics Code for Behavior Analysts , when
entering into service agreements and providing behavior analysis services.
(b) If any requirement of a license holder's certifying
entity differs in stringency from a requirement of the Act or the
commission rules, the more stringent provision shall apply.
(c) If any requirement of a license holder's certifying
entity conflicts with a requirement of the commission rules such that
the license holder cannot reasonably comply with both requirements,
the license holder shall comply with the requirement of the certifying
entity.
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