Arkansas 2025 Regular Session

Arkansas House Bill HB1954 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 869 of the Regular Session
3	2		JMB575 04/01/2025 1:00:49 PM JMB575
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1954 3
7	6		4
8	7		By: Representative Andrews 5
9	8		By: Senator Irvin 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO CREATE THE ARKANSAS BEHAVIOR ANALYST 9
13	12		REGISTRATION ACT; TO INCLUDE QUALIFIED BEHAVIOR 10
14	13		ANALYSTS UNDER THE ARKANSAS BEHAVIOR ANALYST 11
15	14		REGISTRATION ACT; AND FOR OTHER PURPOSES. 12
16	15		13
17	16		14
18	17		Subtitle 15
19	18		TO CREATE THE ARKANSAS BEHAVIOR ANALYST 16
20	19		REGISTRATION ACT; AND TO INCLUDE 17
21	20		QUALIFIED BEHAVIOR ANALYSTS UNDER THE 18
22	21		ARKANSAS BEHAVIOR ANALYST REGISTRATION 19
23	22		ACT. 20
24	23		21
25	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
26	25		23
27	26		SECTION 1. DO NOT CODIFY. Legislative intent. 24
28	27		(a) It is the intent of the General Assembly to add additional 25
29	28		language concerning qualified behavior analysts to the Arkansas Behavior 26
30	29		Analyst Registration Act under HB1245 of 202 which has been transmitted to 27
31	30		the Governor's Office but has not been signed as an act at this time. 28
32	31		(b) This act does not repeal the Arkansas Behavior Analyst 29
33	32		Registration Act under HB1245 of 2025. 30
34	33		31
35	34		SECTION 2. Arkansas Code Title 17, Subchapter 97, is amended to add an 32
36	35		additional subchapter to read as follows: 33
37	36		Subchapter 6 — Behavior Analysts 34
38	37		35
39	38		17-97-601. Title. 36 HB1954
40	39
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42	41		This subchapter shall be known and may be cited as the "Arkansas 1
43	42		Behavior Analyst Registration Act". 2
44	43		3
45	44		17-97-602. Definition. 4
46	45		As used in this subchapter, "registered behavior analyst" means an 5
47	46		individual who is registered to practice behavior analysis independently by 6
48	47		the Arkansas Psychology Board under this subchapter. 7
49	48		8
50	49		17-97-603. Unlawful practice of applied behavior analysis. 9
51	50		(a) Unless registered under this subchapter, a person shall not: 10
52	51		(1) Hold himself or herself out to be a registered behavior 11
53	52		analyst; or 12
54	53		(2) Use any combination or abbreviation of the term "registered 13
55	54		behavior analyst" to indicate or imply that he or she is a registered 14
56	55		behavior analyst. 15
57	56		(b)(1) A person found to be in violation of subsection (a) of this 16
58	57		section is subject to a fine of no less than five hundred dollars ($500) and 17
59	58		no more than one thousand dollars ($1,000). 18
60	59		(2) A person registered under this subchapter who violates this 19
61	60		subchapter is subject to administrative sanctions and penalties, including 20
62	61		without limitation a fine of no more than five thousand dollars ($5,000) and 21
63	62		revocation of his or her registration. 22
64	63		23
65	64		17-97-604. Registration. 24
66	65		(a) Each applicant for registration as a registered behavior analyst 25
67	66		shall submit to the Arkansas Psychology Board: 26
68	67		(1) An application; 27
69	68		(2) An application fee that does not exceed two hundred dollars 28
70	69		($200); 29
71	70		(3) Evidence that he or she has successfully completed a 30
72	71		criminal background check; and 31
73	72		(4) Evidence that he or she is certified as: 32
74	73		(A) A board certified behavior analyst or a board 33
75	74		certified behavior analyst -doctoral by the Behavior Analyst Certification 34
76	75		Board, Inc.; or 35
77	76		(B) A qualified behavior analyst by the Qualified Applied 36 HB1954
78	77
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80	79		Behavior Analysis Credentialing Board. 1
81	80		(b) This section does not require additional training or 2
82	81		continuing education with any state or national association. 3
83	82		4
84	83		17-97-605. Expiration and renewal. 5
85	84		(a) A registration under this subchapter shall be granted for a period 6
86	85		of two (2) years. 7
87	86		(b) Before expiration of a registration, the registration may be 8
88	87		renewed upon the submission of: 9
89	88		(1) A renewal application; 10
90	89		(2) A renewal fee that does not exceed one hundred fifty dollars 11
91	90		($150); and 12
92	91		(3) Evidence of verification of current certification. 13
93	92		(c) This section does not require additional training or continuing 14
94	93		education with any state or national association. 15
95	94		16
96	95		17-97-606. Temporary registration. 17
97	96		(a)(1) A behavior analyst licensed in another jurisdiction or who 18
98	97		holds current certification as a board certified behavior analyst, board 19
99	98		certified behavior analyst -doctoral, board certified assistant behavior 20
100	99		analyst, or equivalent, issued by the Behavior Analyst Certification Board, 21
101	100		Inc., or its equivalent approved by the Arkansas Psychology Board to practice 22
102	101		independently who provides applied behavior analysis services in this state 23
103	102		on a short-term basis may apply for a temporary registration. 24
104	103		(2) A behavior analyst licensed in another jurisdiction or who 25
105	104		holds current certification as a qualified behavior analyst by the Qualified 26
106	105		Applied Behavior Analysis Credentialing Board or its equivalent approved by 27
107	106		the Arkansas Psychology Board to practice independently who provides applied 28
108	107		behavior analysis services in this state on a short -term basis may apply for 29
109	108		a temporary registration. 30
110	109		(b) An applicant for a temporary registration shall submit an 31
111	110		application and fee established by the Arkansas Psychology Board and evidence 32
112	111		that his or her practice in the jurisdiction will be temporary as defined by 33
113	112		the Arkansas Psychology Board in rules. 34
114	113		(c) A temporary registration shall be granted only if the Arkansas 35
115	114		Psychology Board verifies the applicant’s licensure or certification status 36 HB1954
116	115
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118	117		with the relevant entity. 1
119	118		2
120	119		17-97-607. Reciprocity. 3
121	120		(a) The Arkansas Psychology Board may issue a registration to a person 4
122	121		who is currently licensed as a behavior analyst in good standing in another 5
123	122		jurisdiction that imposes requirements comparable to those specified in this 6
124	123		subchapter, including holding a current certification as: 7
125	124		(1) A board certified behavior analyst or a board certified 8
126	125		behavior analyst-doctoral or equivalent, issued by the Behavior Analyst 9
127	126		Certification Board, Inc., or its equivalent; or 10
128	127		(2) A qualified behavior analyst by the Qualified Applied 11
129	128		Behavior Analysis Credentialing Board. 12
130	129		(b) An applicant for reciprocal registration under this section shall 13
131	130		have current licensure or certificate verified by the Arkansas Psychology 14
132	131		Board and comply with other requirements under § 17 -97-604. 15
133	132		16
134	133		17-97-608. Regulation by Arkansas Psychology Board. 17
135	134		(a) The Arkansas Psychology Board shall administer the provisions of 18
136	135		this subchapter and may adopt rules that are reasonable and necessary to 19
137	136		implement the provisions of this subchapter. 20
138	137		(b) The Arkansas Psychology Board may adopt the Ethics Code for 21
139	138		Behavior Analysts issued by the Behavior Analyst Certification Board, Inc., 22
140	139		as existing on January 1, 2025, and the Code of Ethics issued by the 23
141	140		Qualified Applied Behavior Analysis Credentialing Board. 24
142	141		25
143	142		SECTION 3. Arkansas Code § 17-97-201(a)(3), concerning the creation 26
144	143		and members of the Arkansas Psychology Board, is amended to add an additional 27
145	144		subdivision to read as follows: 28
146	145		(D) At least one (1) of the members appointed under 29
147	146		subdivision (a)(2) of this section shall be a licensed psychologist who is a 30
148	147		board certified behavior analyst, qualified behavior analyst, or has a 31
149	148		background and experience providing behavior analysis services. 32
150	149		33
151	150		34
152		-	~~APPROVED: 4/17/25~~ 35
	151	+	35
153	152		36