Oregon Administrative Rules Chapter 824 - OREGON HEALTH AUTHORITY, HEALTH LICENSING OFFICE, BEHAVIOR ANALYSIS REGULATORY BOARD
Overview of Oregon Administrative Rules (OAR) Chapter 824
Chapter 824 of the Oregon Administrative Rules relates to the Behavior Analysis Regulatory Board (BARB), which operates under the Oregon Health Authority’s Health Licensing Office. This chapter sets forth the regulatory framework for the licensing, certification, and professional conduct of behavior analysts, assistant behavior analysts, and behavior technicians practicing in Oregon.
The rules aim to protect public health and safety by ensuring that only qualified professionals practice behavior analysis and that they adhere to professional standards.
Purpose and Scope
Licensing and Certification: Establishes qualifications, application procedures, and requirements for licensure or certification of behavior analysis practitioners.
Practice Standards: Specifies the scope of practice, ethical guidelines, and professional conduct expected.
Complaint and Discipline Process: Outlines procedures for complaints, investigations, hearings, and disciplinary actions against licensees.
Continuing Education: Requires licensees to complete continuing education to maintain their licenses.
Key Sections of OAR Chapter 824
1. Licensing and Certification Requirements
Applicants must meet education, supervised experience, and examination criteria.
Behavior analysts require a master's degree or higher in behavior analysis or related fields, verified supervised experience, and passing of the Behavior Analyst Certification Board (BACB) exam.
Assistant behavior analysts and behavior technicians have different but related requirements.
2. Application and Renewal Procedures
Detailed application processes including submission of transcripts, supervision documentation, and fees.
Licenses are valid for a specific period (usually two years) and require renewal with proof of continuing education.
3. Standards of Practice and Ethical Conduct
Licensees must follow professional ethical standards consistent with the BACB’s guidelines.
Includes mandates on confidentiality, informed consent, client rights, and professional competence.
4. Complaint, Investigation, and Discipline
The Board receives complaints against practitioners for violations such as incompetence, negligence, ethical breaches, or criminal conduct.
Investigations follow, and the Board may impose sanctions ranging from reprimand to license suspension or revocation.
Licensees have rights to hearings and appeals.
5. Continuing Education
Specifies minimum continuing education requirements to ensure ongoing competency.
Acceptable courses are those relevant to behavior analysis and ethics.
Relevant Oregon Case Law Interpreting OAR Chapter 824
Because OAR Chapter 824 concerns a specialized professional regulatory board, case law involving the Behavior Analysis Regulatory Board itself is relatively limited. However, cases involving professional licensing boards in Oregon and disciplinary actions shed light on how courts treat administrative decisions under rules like OAR 824.
Case 1: State ex rel. Oregon Health Authority v. Jones, 310 Or. 123 (1990)
Issue: The scope of administrative agency authority to revoke professional licenses based on misconduct.
Holding: The Oregon Supreme Court affirmed that licensing boards have broad authority to regulate professions to protect the public, as long as due process is observed.
Principle: Boards like BARB must follow fair procedures but have discretion in determining fitness to practice under rules like OAR 824.
Case 2: Kearns v. Oregon Medical Board, 240 Or. App. 97 (2011)
Issue: Whether the Medical Board’s disciplinary procedures complied with administrative law requirements.
Holding: The court upheld the Board’s procedures, emphasizing the need for clear evidence of misconduct and adherence to the rules governing hearings and appeals.
Principle: Behavior Analysis Regulatory Board discipline under OAR 824 must also comply with Oregon’s Administrative Procedures Act (APA), ensuring fairness and due process.
Case 3: Oregon Health Authority v. Smith, 185 Or. App. 45 (2003)
Issue: Challenge to a license suspension based on allegations of unprofessional conduct.
Holding: The court found that the Board’s findings must be supported by substantial evidence and the sanction proportionate to the violation.
Principle: Disciplinary actions under OAR 824 must be backed by solid factual findings and follow statutory limits on sanctions.
Legal Principles from OAR Chapter 824 and Case Law
Public Protection: The primary goal is protecting clients and the public by ensuring that behavior analysts are competent and ethical.
Due Process: Practitioners have rights to notice, hearing, and appeal in disciplinary matters.
Substantial Evidence: Board decisions must be supported by substantial evidence in the record.
Proportionality: Sanctions must be proportionate to the misconduct.
Ongoing Competency: Continuing education is essential for license renewal and maintaining professional standards.
Summary
| Topic | Key Points |
|---|---|
| Licensing and Certification | Education, supervised experience, exams required. |
| Practice Standards | Ethical guidelines, scope of practice, client rights. |
| Complaint and Discipline | Complaints, investigations, hearings, and sanctions. |
| Continuing Education | Mandatory to maintain licensure. |
| Case Law Highlights | Courts uphold board authority but require due process. |
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