Global Institute for Behavior Practitioners and Examiners

Michael Moates, MA, QBA, IBA, LBA, QMHP-T/R

14 March 2022

SUBJECT: MEMORANDA FOR VIRGINIA BOARD OF MEDICINE ON BEHAVIOR ANALYSIS LICENSING

To whom it may concern:

My name is Michael Moates, and I am the individual who wrote to the Board of Medicine to request the rule change that is currently open for comment. I am also the founder of the non-profit organization the Foundation for Transformation DBA Global Institute for Behavior Practitioners and Examiners. I am writing you today to share my comments regarding the requested change in 18VAC85-150-50, and 18VAC85-150-60.  To start, the rule is illegal and contrary to the statute. According to 54.1-2957.16, the Board of Medicine “SHALL INCLUDE” the following language “Documentation that the applicant is currently certified as a Board-Certified Behavior Analyst by the Behavior Analyst Certification Board or any other entity that is nationally accredited to certify practitioners of behavior analysis;” The boards current rules to not include this language as the statute legally requires. That means that the Board of Medicines rules is illegal under the statute. The same is true for the Board of Medicine Assistant Behavior Analyst rule.

But let’s move on from the fact that the rule is illegal and talk about the problems not allowing other organizations who are accredited creates for the practice of behavior analysis:

• Most professions of mental health if not all are regulated by the states and not external certification boards. The top 6 mental health fields are medicine, psychology, counseling, social work, marriage and family therapy, and chemical dependency. While some states may require an applicant to pass a board exam, certification is not usually a requirement of licensure. But the BACB will not allow individuals to take their exam unless they plan to get certified. Further, the BACB is a monopoly that has engaged in anti-competitive behavior through collusion with the Association of Professional Behavior Analysts.
• The Behavior Analyst Certification Board and Association for Professional Behavior Analyst have a history of advocating against allowing other organizations who are accredited to certify behavior analysis claiming that they are Autism specific, but the Behavior Analyst Certification Board posts data on its website showing the field of the practitioners it certifies. 72% of its certificants are practitioners in the field of Autism Spectrum Disorder and 10% choose not to identify. That leaves 12% of individuals to work in other fields. The BACB is a mainly Autism focused agency. This leaves very little room for individuals that want to work in changing behaviors of gambling, addiction, brain injury rehabilitation, correction and rehabilitation, and many other areas. It leaves no room for those interested in forensic behavior analysis, behavior analysis research, child abuse/welfare analysis, psychiatric/mental hospital behavior analysis, animal behavior, and many other areas. To put it into perspective here are the other fields tracked by the Behavior Analyst Certification Board:

Number of Behavior Analysts Certified by the BACB in the United States of America:

• The BACB is governed by a board of directors that would personally benefit from the restriction of behavior practitioners. Half of the board members own their own business or are in leadership positions at companies that would benefit from the lack of service providers because that would make them the go to choose.
• The BACB seeks to oust other qualified supervisors from supervising behavior technicians, assistant behavior analysts, and aspiring behavior analysts. While psychologists, psychiatrists, social workers, professional counselors, and other related fields retain the right to practice behavior analysis, the BACB does not recognize them as supervisors of behavior analysis. They recognize their certified BCBA's and their approved VC Instructors. But a psychiatrist at a mental health institution engaged in the reduction of maladaptive behaviors cannot supervise technicians according to the organization.
• Their ally and lobbying arm the Association of Professional Behavior Analysts is claims to "Representing the interests of appropriately credentialed professional and paraprofessional practitioners of applied behavior analysis" but really what they mean is we are here to advance the promotion the Behavior Analyst Certification Board and we will fight to block any other types of certified practitioners. Their about us page reads like a propaganda advertisement for the BACB.
• The much more inspired Association for Behavior Analysis International seeks to work with and recognize various credentialing boards including the American Psychological Association, National Association of School Psychologists, Qualified Applied Behavior Analysis Credentialing Board, Behavioral Intervention Certification Council, and International Behavior Analysis Organization. The reality of it is the BACB has no intention of collaborating with the mental health community. They lack diversity shown by their closing off certification from the international community and unwillingness to work with other mental health fields. If we don't address this now it, they will continue to harm the field of behavior analysis.
• The BACB lacks diversity and is even getting worse at its standards for diversity. 85% of certificants are female with just over 13% of certificants as male. 0.38% are American Indian/Natives. 6.61% are Asian. 9% of Behavior Analysts are African American. 21% are Hispanic. This is a real problem for disadvantaged communities and people who prefer a male analyst in healthcare. The BACB used to certify analysts globally. The no longer do and are even cutting down on the international community. This means individuals who want to practice internationally will be unable to because they cannot under any circumstances become certified. 
• The BACB advocates against other organizations who seek to certify behavior practitioners but let’s look at who is in favor of adding additional organizations. These include the State of Hawaii Council on Developmental Disabilities, the Behavioral Intervention Certification Council, Hawai’i Psychological Association, Qualified Applied Behavior Credentialing Board, the Department of Defense, Hawaii Association of Marriage and Family Therapists, Center for Autism and Related Disorders, Autism Behavior Services on behalf of military families, and individuals concerned about providing supervision within their scope of practice. You can read 100’s of comments here and below that is the policy of the Department of Defense: https://www.capitol.hawaii.gov/Session2017/Testimony/SB739_TESTIMONY_CPH_02-24-17.PDF                                                                                                                                                                         

https://manuals.health.mil/pages/DisplayManualHtmlFile/2020-11-25/AsOf/TO15/C18S4.html

• The BACB and APBA will attempt to mislead you into believing that requiring certification from one organization is routine, but this is entirely inaccurate. What is typically required is the passage of an examination by an organization. Unfortunately, the BACB is not like most organizations that offer examinations because they do not allow individuals to take the exam based on the federal or state government requirements nor do they allow individuals to take the exams without becoming certified by their agency. The BACB differs in this from other organizations such as National Board for Certified Counselors, Association of State and Provincial Psychological Boards, Association of Social Work Boards, International Certification and Reciprocity Consortium, Educational Testing Service, and many others. These cover Counseling, Psychology, Social Work, and Chemical/Substance Abuse, and School Psychology. These agencies are the leaders in mental health, and they allow individuals who are qualified to take their exams without requiring certification. In the case of Advanced Nurse Practitioners, there are multiple boards that are accepted for APRN practice.

It is with this consideration I ask you to approve my request that individuals certified as behavior analysts by NCCA or ANSI be allowed to use that certification to apply for licensure.

Very Respectfully,

Michael Moates, MA, QBA, IBA, LBA, QMHP-T/R

Virginia Licensed Behavior Analyst

Adjunct College Professor

Doctor of Education Candidate

Student Health Advisory Committee 

Senior Member, Civil Air Patrol, United States Air Force Auxiliary

Certified Accreditation Evaluator, Distance Education Accreditation Commission