Stricken language would be deleted from and underlined language would be added to present law.
Act 432 of the Regular Session
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State of Arkansas As Engrossed: S2/13/25 S3/6/25 S3/13/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1245 3
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By: Representatives Clowney, Maddox 5
By: Senator Irvin 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS BEHAVIOR ANALYST 9
REGISTRATION ACT; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO CREATE THE ARKANSAS BEHAVIOR ANALYST 14
REGISTRATION ACT. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code Title 17, Subchapter 97, is amended to add an 19
additional subchapter to read as follows: 20
Subchapter 6 — Behavior Analysts 21
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17-97-601. Title. 23
This subchapter shall be known and may be cited as the "Arkansas 24
Behavior Analyst Registration Act". 25
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17-97-602. Definitions. 27
As used in this subchapter, "registered behavior analyst" means an 28
individual who is registered to practice behavior analysis independently by 29
the Arkansas Psychology Board under this subchapter. 30
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17-97-603. Unlawful practice of applied behavior analysis. 32
(a) Unless registered under this subchapter, a person shall not: 33
(1) Hold himself or herself out to be a registered behavior 34
analyst; or 35
(2) Use any combination or abbreviation of the term "registered 36 As Engrossed: S2/13/25 S3/6/25 S3/13/25 HB1245
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behavior analyst" to indicate or imply that he or she is a registered 1
behavior analyst. 2
(b)(1) A person found to be in violation of subsection (a) of this 3
section is subject to a fine of no less than five hundred dollars ($500) and 4
no more than one thousand dollars ($1,000). 5
(2) A person registered under this subchapter who violates this 6
subchapter is subject to administrative sanctions and penalties, including 7
without limitation a fine of no more than five thousand dollars ($5,000) and 8
revocation of his or her registration. 9
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17-97-604. Registration. 11
(a) Each applicant for registration as a registered behavior analyst 12
shall submit to the Arkansas Psychology Board: 13
(1) An application; 14
(2) An application fee that does not exceed two hundred dollars 15
($200); 16
(3) Evidence that he or she has successfully completed a 17
criminal background check; and 18
(4) Evidence that he or she is certified by the Behavior Analyst 19
Certification Board, Inc., as a board certified behavior analyst or a board 20
certified behavior analyst -doctoral. 21
(b) This section does not require additional training or 22
continuing education with any state or national association. 23
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17-97-605. Expiration and renewal. 25
(a) A registration under this subchapter shall be granted for a period 26
of two (2) years. 27
(b) Before expiration of a license, the registration may be renewed 28
upon submission of: 29
(1) A renewal application; 30
(2) A renewal fee that does not exceed one hundred fifty dollars 31
($150); and 32
(3) Evidence of verification of current certification. 33
(c) This section does not require additional training or continuing 34
education with any state or national association. 35
36 As Engrossed: S2/13/25 S3/6/25 S3/13/25 HB1245
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17-97-606. Temporary registration. 1
(a) A behavior analyst licensed in another jurisdiction or who holds 2
current certification as a board certified behavior analyst, board certified 3
behavior analyst-doctoral, board certified assistant behavior analyst, or 4
equivalent, issued by the Behavior Analyst Certification Board, Inc., or its 5
equivalent approved by the Arkansas Psychology Board to practice 6
independently who provides applied behavior analysis services in this state 7
on a short-term basis may apply for a temporary registration. 8
(b) An applicant for a temporary registration shall submit an 9
application and fee established by the Arkansas Psychology Board and evidence 10
that their practice in the jurisdiction will be temporary as defined by the 11
Arkansas Psychology Board in rules. 12
(c) A temporary registration shall be granted only if the Arkansas 13
Psychology Board verifies the applicant’s licensure or certification status 14
with the relevant entity. 15
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17-97-607. Reciprocity. 17
(a) The Arkansas Psychology Board may issue a registration to a person 18
who is currently licensed as a behavior analyst in good standing in another 19
jurisdiction that imposes requirements comparable to those specified in this 20
subchapter, including holding current certification as a board certified 21
behavior analyst or a board certified behavior analyst -doctoral or 22
equivalent, issued by the Behavior Analyst Certification Board, Inc., or its 23
equivalent. 24
(b) An applicant for reciprocal registration under this section shall 25
have current licensure or certificate verified by the Arkansas Psychology 26
Board and comply with other requirements under § 17 -97-604. 27
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17-97-608. Regulation by Arkansas Psychology Board. 29
(a) The Arkansas Psychology Board shall administer the provisions of 30
this subchapter and may adopt rules that are reasonable and necessary to 31
implement the provisions of this subchapter. 32
(b) The Arkansas Psychology Board may adopt the Ethics Code for 33
Behavior Analysts issued by the Behavior Analyst Certification Board, Inc., 34
as existing on January 1, 2025. 35
36 As Engrossed: S2/13/25 S3/6/25 S3/13/25 HB1245
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SECTION 2. Arkansas Code § 17 -97-201(a)(3), concerning the creation 1
and members of the Arkansas Psychology Board, is amended to add an additional 2
subdivision to read as follows: 3
(D) At least one (1) of the members appointed under 4
subdivision (a)(2) of this section shall be a licensed psychologist who is 5
either a board certified behavior analyst or has a background and experience 6
providing behavior analysis services. 7
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/s/Clowney 9
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APPROVED: 4/3/25 12
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