Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: H2/22/23 S4/4/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1189 3
4
By: Representative Clowney 5
By: Senators K. Hammer, Irvin 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS BEHAVIOR AN ALYST 9
LICENSURE ACT; AND F OR OTHER PURPOSES. 10
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Subtitle 13
TO CREATE THE ARKANSAS BEHAVIOR ANALYST 14
LICENSURE ACT. 15
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17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
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SECTION 1. Arkansas Code Title 17, Subchapter 97, is amended to add an 20
additional subchapter to read as follows: 21
Subchapter 6 — Behavior Analysts 22
23
17-97-601. Title. 24
This subchapter shall be known and may be cite d as the "Arkansas 25
Behavior Analyst Licensure Act". 26
27
17-97-602. Definitions. 28
As used in this subchapter: 29
(1) "Behavior technician" means a paraprofessional who: 30
(A) Practices under the close, ongoing supervision of a 31
licensed behavior analyst; 32
(B) Does not design assessment or intervention plans or 33
procedures; and 34
(C) Delivers services as assigned by his or her 35
supervisor; 36 As Engrossed: H2/22/23 S4/4/23 HB1189
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(2) "Licensed behavior analyst" means an individual who is 1
licensed to practice behavior analysis independently by the Arkansas 2
Psychology Board under this subchapter; and 3
(3)(A) "Practice of applied behavior analysis" means the design, 4
implementation, and evaluation of instructional and environmental 5
modifications to produce socially significant improvements in hum an behavior, 6
including: 7
(i) The empirical identification of functional 8
relations between behavior and environmental factors, known as functional 9
assessment and analysis; and 10
(ii) Applied behavior analysis interventions based 11
on scientific researc h and direct and indirect observation and measurement of 12
behavior and environment which utilize contextual factors, motivating 13
operations, antecedent stimuli, positive reinforcement, and other procedures 14
to help individuals develop new behaviors, increase or decrease existing 15
behaviors, and emit behaviors under specific environmental conditions. 16
(B) "Practice of applied behavior analysis" does not 17
include diagnosis of disorders, psychotherapy, cognitive therapy, 18
psychoanalysis, or counseling. 19
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17-97-603. Unlawful practice of applied behavior analysis. 21
(a) Unless licensed under this subchapter or exempt under § 17 -97-604, 22
a person shall not: 23
(1) Hold himself or herself out to be a licensed behavior 24
analyst; 25
(2) Use any combination or abbreviation of the term "licensed 26
behavior analyst" to indicate or imply that he or she is a licensed behavior 27
analyst; or 28
(3) Perform the practice of applied behavior analysis. 29
(b)(1) A person found to be in violation of this subchapter is subject 30
to a fine of no less than five hundred dollars ($500). 31
(2) A person licensed under this subchapter who violates this 32
subchapter is subject to administrative sanctions and penalties, including 33
without limitation revocation of h is or her license. 34
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17-97-604. Exemptions. 36 As Engrossed: H2/22/23 S4/4/23 HB1189
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This subchapter does not prohibit or restrict the practice of any of 1
the following: 2
(1) An individual licensed to practice psychology in this state 3
and an individual who delivers psychological services under his or her 4
supervision if the: 5
(A) Applied behavior analysis services provided are within 6
the boundaries of the licensed psychologist's education, training, 7
competence, and scope of practice; and 8
(B) Licensed psychologist does not represent that he or 9
she is a licensed behavior analyst unless he or she is also licensed under 10
this subchapter; 11
(2) An individual licensed to practice other professions in this 12
state and an individual who delivers services under his or her supervision, 13
if the: 14
(A) Applied behavior analysis services provided are within 15
the boundaries of the licensed professional's education, training, 16
competence, and scope of practice; and 17
(B) Licensed professional does not represent that he or 18
she is a licensed behavior analy st unless he or she is also licensed under 19
this subchapter; 20
(3)(A) A behavior technician who delivers applied behavior 21
analysis services under the extended authority and direction of a licensed 22
behavior analyst. 23
(B) A behavior technician shall not r epresent themselves 24
as a professional behavior analyst and shall use titles that indicate their 25
nonprofessional status, such as “ABA technician", “behavior technician", or 26
“tutor”; 27
(4)(A) A caregiver of a recipient of applied behavior analysis 28
services who delivers those services to the recipient under the extended 29
authority and direction of a licensed behavior analyst. 30
(B) An individual under subdivision (4)(A) of this section 31
shall not represent himself or herself as a "professional behavior analys t"; 32
(5)(A) A behavior analyst who practices with nonhumans, 33
including applied animal behaviorists and animal trainers. 34
(B) An individual described under subdivision (5)(A) of 35
this section may use the title “behavior analyst” but shall not represent 36 As Engrossed: H2/22/23 S4/4/23 HB1189
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himself or herself as a licensed behavior analyst unless licensed under this 1
subchapter; 2
(6)(A) A professional who provides general applied behavior 3
analysis services to organizations if those services are for the benefit of 4
the organizations and do not involve direct services to individuals. 5
(B) An individual described under subdivision (6)(A) of 6
this section may use the title “behavior analyst” but shall not represent 7
himself or herself as a licensed behavior analyst unless licensed under this 8
subchapter; 9
(7)(A) A matriculated college or university student or 10
postdoctoral fellow whom applied behavior analysis activities are part of a 11
defined program of study, course, practicum, internship, or fellowship and 12
are directly supervised by a licensed b ehavior analyst in this state or a 13
qualified faculty member. 14
(B) An individual described under subdivision (7)(A) of 15
this section shall not represent themselves as professional behavior analysts 16
and shall use titles that clearly indicate their trainee status, such as 17
“student", “intern", or “trainee”; 18
(8)(A) An individual who teaches behavior analysis or conduct 19
behavior-analytic research if the activities do not involve the direct 20
delivery of applied behavior analysis services beyond the typical par ameters 21
of applied research. 22
(B) An individual described under subdivision (9)(A) of 23
this section may use the title “behavior analyst” but shall not represent 24
himself or herself as a licensed behavior analyst unless licensed under this 25
subchapter; 26
(9) A behavior analyst l icensed in another jurisdiction to 27
practice independently and who practice in this state for no more than twelve 28
(12) weeks within a calendar year upon approval of a temporary license; or 29
(10)(A) An individual employed by a school district performing 30
the duties of his or her positions. 31
(B) An individual described under subdivision (11)(A) of 32
this section shall not: 33
(i) Represent himself or herself as a licensed 34
behavior analyst unless l icensed under this subchapter; or 35
(ii) Offer applied behavior analysis services to any 36 As Engrossed: H2/22/23 S4/4/23 HB1189
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persons or entities other than his or her school employer or accept 1
remuneration for providing applied behavior analysis services other than the 2
remuneration he or she receives from his or her school employer. 3
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17-97-605. Licensure. 5
Each applicant for licensure as a licensed behavior analyst shall 6
submit to the Arkansas Psychology Board: 7
(1) An application; 8
(2) Appropriate application fees as determined by t he Arkansas 9
Psychology Board; 10
(3) Evidence that the applicant has successfully completed a 11
criminal background check; and 12
(4) Evidence of his or her current certification as a board -13
certified behavior analyst or a board -certified behavior analyst -doctoral 14
verified by the board. 15
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17-97-606. Expiration and renewal. 17
(a) A license under this subchapter shall be granted for a period of 18
two (2) years. 19
(b) Before expiration of a license, the license may be renewed upon 20
submission of: 21
(1) A renewal application; 22
(2) Appropriate renewal fees determined by the Arkansas 23
Psychology Board; and 24
(3) Evidence of verification of current certification. 25
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17-97-607. Temporary license. 27
(a) A behavior analyst licensed in another jurisdiction or who holds 28
current certification as a board -certified behavior analyst, board -certified 29
behavior analyst-doctoral, board-certified assistant behavior analyst, or 30
equivalent, issued by the Behavior Analyst Certification Board, Inc., or its 31
equivalent approved by the Ar kansas Psychology Board to practice 32
independently who provides applied behavior analysis services in this state 33
on a short-term basis may apply for a temporary license. 34
(b) An applicant for a temporary license shall submit an application 35
and fee established by the Arkansas Psychology Board and evidence that their 36 As Engrossed: H2/22/23 S4/4/23 HB1189
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practice in the jurisdiction will be temporary as defined by the Arkansas 1
Psychology Board in rules. 2
(c) A temporary license shall be granted only if the Arkansas 3
Psychology Board verifies the applicant’s licensure or certification status 4
with the relevant entity. 5
6
17-97-608. Reciprocity. 7
(a) The Arkansas Psychology Board may issue a license to a person who 8
is currently licensed as a behavior analyst in good standing in another 9
jurisdiction that imposes licensure requirements comparable to those 10
specified in this subchapter, including holding current certification as a 11
board-certified behavior analyst or a board -certified behavior analyst -12
doctoral or equivalent, issued by the Be havior Analyst Certification Board or 13
its equivalent. 14
(b) An applicant for reciprocal licensure under this section shall 15
have current licensure verified by the board and comply with other 16
requirements under § 17 -97-605. 17
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17-97-609. Regulation by Arkans as Psychology Board. 19
(a) The Arkansas Psychology Board shall administer the provisions of 20
this subchapter under such procedures as it considers advisable and may adopt 21
rules that are reasonable and necessary to implement the provisions of this 22
subchapter. 23
(b) The Arkansas Psychology Board may adopt the Ethics Code for 24
Behavior Analysts issued by the Behavior Analyst Certification Board, Inc., 25
as existing on January 1, 2023. 26
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SECTION 2. Arkansas Code § 17 -97-201(a)(3), concerning the creation 28
and members of the Arkansas Psychology Board, is amended to add an additional 29
subdivision to read as follows: 30
(D) At least two (2) of the members appointed under 31
subdivision (a)(2) of this section shall be licensed psychologists who are 32
board-certified behavior analysts. 33
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/s/Clowney 35
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