| Advisory opinion request by Dr. Jennifer Longwell, Chairman of the Louisiana Behavior Analyst Board (Behavior Analyst Board), regarding whether a former board member of the Behavior Analyst Board may be hired as a Complaints Coordinator with her former agency within two years of their termination from the Behavior Analyst Board. |
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Katherine Chovanec and Ellen Brocato are former members of the Behavior Analyst Board whose terms ended on July 18, 2016. The Complaints Coordinator position was filled by the appointment of a current board member; however, due to the growth of complaints, the Behavior Analyst Board will need to contract and hire a coordinator who would be a 1099 contracted employee. A person filling this position would need to be educated in the practice of applied behavior analysis and have knowledge of all applicable laws and rules. At this time, the Behavior Analyst Board feels this position would best be served by a former board member. It is their belief that the pool of qualified and ethical candidates would be small. The state currently has 186 active Licensed Behavior Analysts.
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La. R.S. 42:1121A(2) provides that no former member of a board or commission shall, for a period of two years following the termination of his public service on such board or commission, contract with, be employed in any capacity by, or be appointed to any position by that board or commission.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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