Sec. 10.09.28.02. Provider Qualifications and Conditions for Participation

A. A provider shall meet all conditions for participation as set forth in COMAR 10.09.36.03.

B. An ABA provider shall be licensed, certified, or otherwise legally authorized to provide ABA services in the jurisdiction in which the services are provided.

C. An ABA provider may not have current sanctions or current disciplinary actions imposed by:

(1) The jurisdictional licensing or certification authority;

(2) Medicare Program;

(3) Maryland Medical Assistance Program; or

(4) Other federally funded healthcare program.

D. An ABA provider shall have a completed Criminal Justice Information System's criminal background check.

E. A licensed psychologist who renders ABA services shall:

(1) Be licensed by the Maryland Board of Examiners of Psychologists; and

(2) Act within the licensee's scope of practice.

F. A BCBA-D provider who renders ABA services shall:

(1) Be licensed by the Maryland Board of Professional Counselors and Therapists; and

(2) Have a current certification of BCBA-D by the BACB.

G. A BCBA provider who renders ABA services shall:

(1) Be licensed by the Maryland Board of Professional Counselors and Therapists; and

(2) Have a current certification of BCBA by the BACB.

H. A BCaBA provider who renders ABA services shall:

(1) Have a current certification of BCaBA by the BACB;

(2) Work under the direction of:

(a) A licensed psychologist;

(b) A licensed BCBA-D; or

(c) A licensed BCBA; and

(3) Have the supervisory relationship documented in writing.

I. An RBT provider who renders ABA services shall:

(1) Be 18 years old or older;

(2) Be currently registered by the BACB or become registered by the BACB not later than December 31, 2018;

(3) Have a high school degree or national equivalent;

(4) Work under the direction of:

(a) A licensed psychologist;

(b) A licensed BCBA-D; or

(c) A licensed BCBA; and

(5) Have the supervisory relationship documented in writing.