Let me start by saying that I think that if Dr. Hoch is going to post emails between himself and Executive Director Benincosa that he should publish all emails and give the full context. He posted a single email to fit his narrative without giving context. 

But allow me to address something he/ Executive Director Benincosa stated:

• As QABA continues to grow both nationally and internationally, there is a great need for more coursework providers who offer the QABA coursework options to meet the demands of certification.
  • Mrs. Benincosa is absolutely correct. As each day goes by, the Behavior Analyst Certification Board becomes less and less diverse. They are pulling out of the international market, have less than 6,500 BCBA's that are male, less than 200 American Indians, less than 3,000 African Americans, and have nearly 40,000 White Behavior Analysts. (Behavior Analyst Certification Board, nd). Seen here: https://www.bacb.com/bacb-certificant-data/ The fact that a professor from George Mason University is advocating against diversity is deeply troubling to me.
• QABA has done extensive research and has multiple board that work in conjunction with approval of course sequences. As a Virginia Licensed Behavior Analyst and Qualified Behavior Analyst by the QABA, I can tell you first hand that there is a rigorous process by which they evaluate all coursework that is consider for both the coursework for licensure and coursework for continuing education. Seen here: https://qababoard.com/guidelines-for-abat-or-qasp-coursework-providers/ and here https://qababoard.com/become-an-approved-continuing-education-provider/
• Mr. Hoch asks about the number of individuals with expiring credentials. There are around 2,000 individuals certified and that is just QABA. My petition relates to any certified entities who are accredited to certify behavior analysts. There are an additional nearly 4,000 individuals certified by the Behavior Intervention Certification Council. Seen here: https://behavioralcertification.org/search-registry/ Part of the reason the number of credentials are expiring is due to the fact that the BACB has engaged in illegal anti-competitive behavior and formed a monopoly by lobbying across the United States. 
• Mr. Hoch asks in what countries/states, the QABA certification would meet the requirements. Keeping in mind that there are still roughly 20 states that do not license behavior analysts these states have QABA practitioners. The Military Healthcare Service and Tricare recognize QABA as meeting certification to practice ABA and that is the same for many other insurance companies as well. Seen here: https://manuals.health.mil/pages/DisplayManualHtmlFile/2021-03-26/AsOf/TO15/C18S4.html Also, to Mr. Hoch's point, there is an issue of the BACB holding a monopoly over the practice of behavior analysis but again 85% of their certified are Autism practitioners leaving very little room for supervision in other areas with some even less than 50 supervisors in the United States. Seen here: https://www.bacb.com/bacb-certificant-data/
• Mr. Hoch asks about independent practice of Qualified Behavior Analysts but if he had done his due diligence like most scholars and professors do, he would have looked at the QBA standards which state "QBA certificants are mastery-level interventionists with advanced knowledge of applied behavior analysis (ABA) and have training and experience with individuals with autism spectrum disorders (ASD). QBAs provide program planning, assessment, data analysis and direct-care oversight for all aspects of behavior programs. Additionally, QBAs supervise the direct-care instructional staff (ABAT/behavior technicians), mid-tier supervisors (QASP-S), and collaborative care providers." The statement he is referencing is likely something that was inputted prior to the QBA creation. Can be seen here: https://qababoard.com/qualified-behavior-analyst-scope/
• He ask about the individuals who offer coursework for certification. QABA does not require you to be a university to teach coursework for the certifications and neither does the BACB. In fact, the RBT (offered by the BACB) is a 40 hour sequence taught by a BCBA similar to a QBA. Seen here: https://www.bacb.com/wp-content/uploads/2022/01/RBTHandbook_220112.pdf The BCaBA/BCBA coursework is limited to institutions listed in CHEA (United States ONLY). But, many of the CHEA members are not "university programs" as Mr. Hoch put it. In addition, in order to be a QBA, you have to have a Masters Degree that meets the educational requirements of 270 hours of coursework. As an adjunct professor myself, I can tell you that colleges and accreditation boards allow individuals at the Masters level to teach college classes. The benefit here is to allow individuals who live outside of the United States to have more opportunities to learn. In addition, QBA's have much diversity in teaching in native languages across the world whereas the BACB does not. Here is an example of the what makes up CHEA membership: Academy of Hair Design. Seen here: https://www.chea.org/academy-hair-design There is no way that you can tell me an organization like this is more qualified to teach behavior analysis than a Qualified Behavior Analyst with 1500 hours of experience, a masters or doctorate degree, and has passed a rigorous psychometric exam. To Mr. Hoch's point, why does the BACB allow non-accredited institutions to offer academic coursework for credit?
• It is interesting that Mr. Hoch invokes the name of the "Association for Behavior Analysis" presumably the Association for Behavior Analysis International which recognizes various other credentialing boards including QABA, BICC, IBAO, and various mental health fields. So I believe that argument is invalid. You can see that here: https://www.abainternational.org/media/188058/abaimembershipform_2022.pdf
• Mr. Hoch claims the requirements to become a "QABA" presumably "QBA" is less rigorous so lets compare them side by side:

If Professor Hoch is going to comment it would be beneficial if he at least did some basic scholarly research. Also, various times through out his comments, he references on "becoming a QABA." This is not a credential and a basic reading of the website would tell you that. QABA is the organization. ABAT is the technician level. QASP-S is the Bachelor Level. QBA is the Masters level. 

I intend to file a Freedom of Information Act request to get the emails between Mr. Hoch and Mrs. Benincosa with George Mason University. I would ask the board to do the same or take Mr. Hoch on his offer to review all the emails. Manipulating emails by only posting one part of them to get what you want is not productive and it does not give the board a full picture. 

There is no threat to the commonwealth unless the board continues to allow the BACB's lack of diversity to be dictator. Mr. Hoch would benefit from less providers because more individuals would see him at his practice. Seen here: https://www.psychologytoday.com/us/therapists/theodore-a-hoch-reston-va/448748

It is also important to note that at George Mason University where Mr. Hoch claims to represent their certificate, the one that he claims is designated for BACB certification and therefor licensure is actually listed as a "15-credit non-licensure certificate." The university does not even recognize the course sequence as one that should lead to licensure. You can see that here directly in there catalog: https://catalog.gmu.edu/colleges-schools/education-human-development/school-education/applied-behavior-analysis-graduate-certificate/ and archived here: https://web.archive.org/web/20220122013237/https://catalog.gmu.edu/colleges-schools/education-human-development/school-education/applied-behavior-analysis-graduate-certificate/

I think it is important to note a few things as well:

1. Mr. Hoch does not hold a degree or certificate in behavior analysis. Seen here: https://cehd.gmu.edu/assets/files/cv/230.pdf
2. The pathway by which he became a Board Certified Behavior Analyst does not require a single course in behavior analysis. Seen here as he does not have a degree/certificate in behavior analysis: https://www.bacb.com/wp-content/uploads/2022/01/BCBAHandbook_220110.pdf
3. Mr. Hoch's degrees in psychology were prior to any licensure requirements for behavior analysis so he got grandfathered in but would not qualify today and will not qualify in the future. Seen here: https://www.bacb.com/wp-content/uploads/2022/03/BACB_March2022_Newsletter-220316.pdf
4. Mr. Hoch has Licenses in Virginia Applied Psychologist and Virginia Licensed Professional Counselor. But he would not meet the licensing requirements for either of these licenses. All in all, Mr. Hoch only has his license due to grandfather clauses.
5. He has made misrepresentations on his post and can't even identify the credential he is talking about.

His comments must be disregarded. 

Further the statute leaves no interpretation. The language in the statute "shall" be included in the rules.

There are also many issues of litigation to consider here:

1. Anti-trust monopoly.
2. EOC Violations.
3. Diversity Discrimination.
4. Finally, the challenging of the rule given the statute language.

Reference:

Association for Behavior Analysis International. (n.d.). 2021–2022 Individual Membership Application. Retrieved March 17, 2022, from https://www.abainternational.org/media/188058/abaimembershipform_2022.pdf

BCaBA Handbook. (2021). Behavior Analyst Certification Board. Retrieved March 10, 2022, from https://www.bacb.com/wp-content/uploads/2022/01/BCBAHandbook_220110.pdf

Behavior Analyst Certification Board. (2022a). BACB Newsletter - March 2022. BACB Newsletter March 2022. Retrieved March 17, 2022, from https://www.bacb.com/wp-content/uploads/2022/03/BACB_March2022_Newsletter-220316.pdf

Behavior Analyst Certification Board. (2022b, January). BOARD CERTIFIED BEHAVIOR ANALYST® HANDBOOK. BACB. Retrieved March 17, 2022, from https://www.bacb.com/wp-content/uploads/2022/01/BCBAHandbook_220110.pdf

Behavior Analyst Certification Board. (2022c, January). REGISTERED BEHAVIOR TECHNICIAN® HANDBOOK. BACB. Retrieved March 17, 2022, from https://www.bacb.com/wp-content/uploads/2022/01/RBTHandbook_220112.pdf

Behavior Analyst Certification Board. (2022d, January 28). BACB CERTIFICANT DATA. Retrieved March 17, 2022, from https://www.bacb.com/bacb-certificant-data/

Behavioral Intervention Certification Council. (2022). REGISTRY. Retrieved March 17, 2022, from https://behavioralcertification.org/search-registry/

Benincosa, H. (2020a, March 18). Become an Approved Continuing Education Provider. QABA. Retrieved March 17, 2022, from https://qababoard.com/become-an-approved-continuing-education-provider/

Benincosa, H. (2020b, July 21). Guidelines For ABAT, QASP, QBA Coursework Providers. QABA. Retrieved March 17, 2022, from https://qababoard.com/guidelines-for-abat-or-qasp-coursework-providers/

Benincosa, H. (2022, January 10). Qualified Behavior Analyst Scope. QABA. Retrieved March 17, 2022, from https://qababoard.com/qualified-behavior-analyst-scope/

BICC. (n.d.). BCAP. Retrieved March 17, 2022, from https://behavioralcertification.org/guide-to-bcap-registration/

Council for Higher Education Accreditation. (2022). Academy of Hair Design. Retrieved March 17, 2022, from https://www.chea.org/academy-hair-design

George Mason University. (2021). Applied Behavior Analysis Graduate Certificate. Catalog. Retrieved March 17, 2022, from https://catalog.gmu.edu/colleges-schools/education-human-development/school-education/applied-behavior-analysis-graduate-certificate/

Hoch, T. A. (n.d.-a). Theodore A Hoch. Psychology Today. Retrieved March 17, 2022, from https://www.psychologytoday.com/us/therapists/theodore-a-hoch-reston-va/448748

Hoch, T. A. (n.d.-b). THEODORE ANDREW HOCH Vita. George Mason University. Retrieved March 17, 2022, from https://cehd.gmu.edu/assets/files/cv/230.pdf

Laws & Regs. (2022). Virginia Board of Counseling. https://www.dhp.virginia.gov/counseling/counseling_laws_regs.htm

Laws & Regulations. (2022). Virginia Board of Psychology. https://www.dhp.virginia.gov/psychology/psychology_laws_regs.htm

Membership Application. (n.d.). Association for Behavior Analysis International. Retrieved March 10, 2022, from https://www.abainternational.org/media/188058/abaimembershipform_2022.pdf

TRICARE Operations Manual 6010.59-M, April 1, 2015. (2021). Department Of Defense (DoD) Comprehensive Autism Care Demonstration (ACD). Retrieved March 17, 2022, from https://manuals.health.mil/pages/DisplayManualHtmlFile/2021-03-26/AsOf/TO15/C18S4.html