COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
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Statement of Introduction
Behavioral Analyst Licensure Amendment Act of 2023
November 6, 2023
Today, along with my colleagues, Councilmembers Matthew Frumin, Zachary Parker, Robert
White, Jr., and Trayon White, Sr., I am introducing the Behavioral Analyst Licensure
Amendment Act of 2023. This legislation would improve behavioral healthcare in the District by
establishing the profession of Behavior Analysts (BAs) as a licensed healthcare profession.
Behavioral Analysts (BAs) play a vital role in providing behavioral healthcare to residents. BAs
specialize in assessing and addressing complex behavior issues, especially for children with
autism spectrum disorder. BAs create and implement intervention plans for behavioral-related
issues, and may provide therapy services in health care clinics, schools, homes, and businesses.
Some BAs also specialize in trauma-based behavioral analysis, such as with clients with post-
traumatic stress disorder.
In neighboring states like Maryland
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and Virginia,
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BAs are licensed, and the profession is
overseen by licensing boards, providing a framework for ethical practice and quality assurance.
Similarly, this bill aims to establish the licensure of BAs in the District and would place the
profession under the oversight of the DC Health Board of Professional Counseling. This
regulatory structure will not only enhance the professionalism of the field but also expand the
scope of practice for BAs, enabling them to address a broader range of behavioral and mental
health challenges. Additionally, it will facilitate insurance reimbursement for behavior analytic
services, increasing access to care, particularly for children with Medicaid who are facing
autism-related challenges.
This legislation recognizes the valuable contributions of BAs in the District’s behavioral
healthcare system and aims to uplift and standardize the professional requirements and ethics of
the field. I appreciate the support and input of the DC Association for Behavior Analysis, who
recognize the need for standardized requirements and ethical practices for their profession and
worked closely with my office on this legislation.
I look forward to working with my colleagues to advance this legislation, promoting the well-
being of residents and enhancing the quality of behavioral healthcare in the District of Columbia.
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Board of Professional Counselors and Therapists | Behavior Analyst License
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Board of Medicine | Behavior Analyst and Assistant Behavior Analyst
Christina Henderson Committee Member
Councilmember, At-Large Hospital and Health Equity
Chairperson, Committee on Health Judiciary and Public Safety
Transportation and the Environment
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Councilmember Zachary Parker Councilmember Christina Henderson 2
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Councilmember Robert C. White, Jr. _____________________________ 5
Councilmember Trayon White, Sr.6
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Councilmember Matthew Frumin 10
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A BILL 13
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 17
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To amend the District of Columbia Health Occupations Revision Act of 1985 to require the Board 22
of Professional Counseling to regulate the practice and licensure of behavioral analysts in 23
the District and to require the licensure of behavioral analysts in the District. 24
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act 26
may be cited as the “Behavioral Analyst Licensure Amendment Act of 2023”. 27
Sec. 2. The Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 28
6-99; D.C. Official Code § 3–1201.01 et seq.), is amended as follows: 29
(a) The Table of Contents is amended by adding a new title VII-G to read as follows: 30
“TITLE VII-G 31
“CATEGORIES AND QUALIFICATIONS OF BEHAVIORAL ANALYSTS 32
“Sec. 771. Eligibility requirements and education. 33
“Sec. 772. Expiration and renewal.”. 34 2
(b) Section 101 (D.C. Official Code § 3-1201.01) is amended as follows: 35
(1) The existing paragraph (9A) is redesignated as paragraph (9B). 36
(2) A new paragraph (9A) is added to read as follows: 37
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“(9A) “Licensed behavioral analyst” means an individual who is licensed by the 39
Board of Professional Counseling to practice behavioral analysis.”. 40
(c) Section 102 (D.C. Official Code § 3-1201.02) is amended as follows: 41
(1) The existing paragraph (2C-i) is redesignated as paragraph (2C-ii). 42
(2) A new paragraph (2C-i) is added to read as follows: 43
“(2C-i) “Practice of behavioral analysis” means the design, implementation, 44
and evaluation of systemic instructional and environmental modifications to produce socially 45
significant improvements to human behavior.”. 46
(d) Section 213 (D.C. Official Code § 3-1202.13) is amended as follows: 47
(1) Subsection (a) is amended by striking the number “5” and inserting the number “6” 48
in its place. 49
(2) Subsection (b) is amended by striking the phrase “, and addiction counseling.” And 50
inserting the phrase “, addiction counseling, and behavioral analysis.” in its place. 51
(3) Subsection (d) is amended by striking the phrase “one shall be a consumer 52
member,” and inserting the phrase “one shall be a consumer member, one shall be a licensed 53
behavioral analyst,” in its place. 54
(4) A new subsection (e) is added to read as follows: 55
“(e)(1) The Board shall issue rules for the licensure and scope of practice of behavior analysis, 56
which shall include at a minimum: 57 3
“(i) A code of ethics for the practice of behavior analysis; 58
“(ii) Criteria for the educational and clinical training of licensed behavioral 59
analysts; 60
“(iii) Criteria for a professional competency examination and testing of 61
applicants for license to practice behavior analysis; and 62
“(iv) Continuing education requirements for license renewal. 63
“(2) The Board shall hold at least 2 public meetings to seek input and feedback from 64
behavioral analysts and residents served by behavioral analysists before issuing rules. 65
(e) A new Title VII-G is added to read as follows: 66
“TITLE VII-G 67
“CATEGORIES AND QUALIFICATIONS OF BEHAVIORAL ANALYSTS 68
“Sec. 771. Eligibility requirements and education. 69
“The Board of Professional Counseling shall license as a behavior analyst a person who, in 70
addition to meeting the requirements of Title V, has: 71
“(1) Successfully completed a criminal background check; 72
“(2) A current certification issued by the Behavior Analyst Certification Board; and 73
“(3) Received a master’s degree or higher from a behavior analysis educational 74
program that is accredited by the Behavior Analyst Certification Board; provided, that the Board 75
shall waive this educational requirement if the applicant was certified by the Behavior Analyst 76
Certification Board on or before the effective date of this title. 77
“Sec. 772. Expiration and renewal. 78
“(a) A license to practice behavioral analysis shall expire on the date set by the Board of 79
Professional Counseling (“Board”) unless the license is renewed for an additional term. 80 4
“(b) At least 2 months before the license expires, the Board shall send to the licensee, by 81
first-class mail or electronic mail to the last known address of the licensee, a renewal notice that 82
states: 83
“(1) The date on which the current license expires; 84
“(2) The date by which the renewal application must be received by the Board for 85
renewal to be issued and mailed before the license expires; and 86
“(c) The Board shall renew the license of each licensee who meets the requirements of this 87
section. 88
Sec. 3. Fiscal impact statement. 89
The Council adopts the fiscal impact statement in the committee report as the fiscal impact 90
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 91
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 92
Sec. 4. Effective date. 93
This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, 94
action by the Council to override the veto), a 30-day period of congressional review as provided in 95
section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 96
Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia 97
Register. 98