Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1954 3
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By: Representative Andrews 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; TO INCLUDE QUALIFIED BEHAVIOR 10
ANALYSTS UNDER THE ARKANSAS BEHAVIOR ANALYST 11
REGISTRATION ACT; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO CREATE THE ARKANSAS BEHAVIOR ANALYST 16
REGISTRATION ACT; AND TO INCLUDE 17
QUALIFIED BEHAVIOR ANALYSTS UNDER THE 18
ARKANSAS BEHAVIOR ANALYST REGISTRATION 19
ACT. 20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. DO NOT CODIFY. Legislative intent. 24
(a) It is the intent of the General Assembly to add additional 25
language concerning qualified behavior analysts to the Arkansas Behavior 26
Analyst Registration Act under HB1245 of 202 which has been transmitted to 27
the Governor's Office but has not been signed as an act at this time. 28
(b) This act does not repeal the Arkansas Behavior Analyst 29
Registration Act under HB1245 of 2025. 30
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SECTION 2. Arkansas Code Title 17, Subchapter 97, is amended to add an 32
additional subchapter to read as follows: 33
Subchapter 6 — Behavior Analysts 34
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17-97-601. Title. 36 HB1954
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This subchapter shall be known and may be cited as the "Arkansas 1
Behavior Analyst Registration Act". 2
3
17-97-602. Definition. 4
As used in this subchapter, "registered behavior analyst" means an 5
individual who is registered to practice behavior analysis independently by 6
the Arkansas Psychology Board under this subchapter. 7
8
17-97-603. Unlawful practice of applied behavior analysis. 9
(a) Unless registered under this subchapter, a person shall not: 10
(1) Hold himself or herself out to be a registered behavior 11
analyst; or 12
(2) Use any combination or abbreviation of the term "registered 13
behavior analyst" to indicate or imply that he or she is a registered 14
behavior analyst. 15
(b)(1) A person found to be in violation of subsection (a) of this 16
section is subject to a fine of no less than five hundred dollars ($500) and 17
no more than one thousand dollars ($1,000). 18
(2) A person registered under this subchapter who violates this 19
subchapter is subject to administrative sanctions and penalties, including 20
without limitation a fine of no more than five thousand dollars ($5,000) and 21
revocation of his or her registration. 22
23
17-97-604. Registration. 24
(a) Each applicant for registration as a registered behavior analyst 25
shall submit to the Arkansas Psychology Board: 26
(1) An application; 27
(2) An application fee that does not exceed two hundred dollars 28
($200); 29
(3) Evidence that he or she has successfully completed a 30
criminal background check; and 31
(4) Evidence that he or she is certified as: 32
(A) A board certified behavior analyst or a board 33
certified behavior analyst -doctoral by the Behavior Analyst Certification 34
Board, Inc.; or 35
(B) A qualified behavior analyst by the Qualified Applied 36 HB1954
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Behavior Analysis Credentialing Board. 1
(b) This section does not require additional training or 2
continuing education with any state or national association. 3
4
17-97-605. Expiration and renewal. 5
(a) A registration under this subchapter shall be granted for a period 6
of two (2) years. 7
(b) Before expiration of a registration, the registration may be 8
renewed upon the submission of: 9
(1) A renewal application; 10
(2) A renewal fee that does not exceed one hundred fifty dollars 11
($150); and 12
(3) Evidence of verification of current certification. 13
(c) This section does not require additional training or continuing 14
education with any state or national association. 15
16
17-97-606. Temporary registration. 17
(a)(1) A behavior analyst licensed in another jurisdiction or who 18
holds current certification as a board certified behavior analyst, board 19
certified behavior analyst -doctoral, board certified assistant behavior 20
analyst, or equivalent, issued by the Behavior Analyst Certification Board, 21
Inc., or its equivalent approved by the Arkansas Psychology Board to practice 22
independently who provides applied behavior analysis services in this state 23
on a short-term basis may apply for a temporary registration. 24
(2) A behavior analyst licensed in another jurisdiction or who 25
holds current certification as a qualified behavior analyst by the Qualified 26
Applied Behavior Analysis Credentialing Board or its equivalent approved by 27
the Arkansas Psychology Board to practice independently who provides applied 28
behavior analysis services in this state on a short -term basis may apply for 29
a temporary registration. 30
(b) An applicant for a temporary registration shall submit an 31
application and fee established by the Arkansas Psychology Board and evidence 32
that his or her practice in the jurisdiction will be temporary as defined by 33
the Arkansas Psychology Board in rules. 34
(c) A temporary registration shall be granted only if the Arkansas 35
Psychology Board verifies the applicant’s licensure or certification status 36 HB1954
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with the relevant entity. 1
2
17-97-607. Reciprocity. 3
(a) The Arkansas Psychology Board may issue a registration to a person 4
who is currently licensed as a behavior analyst in good standing in another 5
jurisdiction that imposes requirements comparable to those specified in this 6
subchapter, including holding a current certification as: 7
(1) A board certified behavior analyst or a board certified 8
behavior analyst-doctoral or equivalent, issued by the Behavior Analyst 9
Certification Board, Inc., or its equivalent; or 10
(2) A qualified behavior analyst by the Qualified Applied 11
Behavior Analysis Credentialing Board. 12
(b) An applicant for reciprocal registration under this section shall 13
have current licensure or certificate verified by the Arkansas Psychology 14
Board and comply with other requirements under § 17 -97-604. 15
16
17-97-608. Regulation by Arkansas Psychology Board. 17
(a) The Arkansas Psychology Board shall administer the provisions of 18
this subchapter and may adopt rules that are reasonable and necessary to 19
implement the provisions of this subchapter. 20
(b) The Arkansas Psychology Board may adopt the Ethics Code for 21
Behavior Analysts issued by the Behavior Analyst Certification Board, Inc., 22
as existing on January 1, 2025, and the Code of Ethics issued by the 23
Qualified Applied Behavior Analysis Credentialing Board. 24
25
SECTION 3. Arkansas Code § 17-97-201(a)(3), concerning the creation 26
and members of the Arkansas Psychology Board, is amended to add an additional 27
subdivision to read as follows: 28
(D) At least one (1) of the members appointed under 29
subdivision (a)(2) of this section shall be a licensed psychologist who is a 30
board certified behavior analyst, qualified behavior analyst, or has a 31
background and experience providing behavior analysis services. 32
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