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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.189.911    NONROUTINE BEHAVIOR ANALYST OR ASSISTANT BEHAVIOR ANALYST APPLICATIONS

(1) Applications for licensure that disclose any of the following circumstances are nonroutine and must be reviewed and approved by the board before the license may be issued: 

(a) the applicant has a prior felony conviction. Any disposition in a criminal case other than acquittal will be deemed a "conviction" for purposes of this rule without regard to the nature of the plea or whether the applicant received a suspended or deferred sentence;

(b) the applicant has pled guilty or no contest to or been convicted of two or more misdemeanors, other than minor traffic violations, within the past five years, regardless of whether an appeal is pending and regardless of whether the sentence was suspended or deferred;

(c) any of the applicant's occupational or professional licenses have been disciplined or an application for any occupational or professional license was denied in this state, another state, or jurisdiction;

(d) the applicant voluntarily or involuntarily surrendered an occupational or professional license in this state, another state, or jurisdiction;

(e) the applicant has a pending legal or disciplinary action involving licensure in this state, another state, or jurisdiction;

(f) the applicant has been a respondent in a complaint for unlicensed practice of behavior analysis in this state, another state, or jurisdiction that led to communication from the licensing authority to cease and desist or an injunctive action;

(g) the applicant has addiction issues, including active or previous alcohol and/or drug abuse, and treatment for the same;

(h) the applicant has not been active in the profession of behavior analysis for the preceding three years or more; or

(i) any substantive irregularity deemed by department staff to warrant board review and approval prior to issuance of the license.

 

History: 37-1-131, 37-17-406, MCA; IMP, 37-1-101, 37-1-131, 37-17-403, MCA; NEW, 2018 MAR p. 844, Eff. 4/28/18.

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