1 of 1
SENATE DOCKET, NO. 1828 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 220
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sal N. DiDomenico
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the licensure of behavior analysts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and Suffolk 1 of 13
SENATE DOCKET, NO. 1828 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 220
By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 220) of Sal N. DiDomenico
for legislation relative to the board of registration of behavior analysts and licensure. Consumer
Protection and Professional Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2475 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to the licensure of behavior analysts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 88 of chapter 13 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out the figure “13” and inserting in place thereof
3the following figure:- "11"
4 SECTION 2. Section 89 of said chapter 13 of the General Laws is hereby amended by
5striking out subsection (A), and inserting in place thereof the following:-
6 (A) Eight members shall be licensed practicing mental health and human services
7professionals, two of whom shall be marriage and family therapists, two of whom shall be
8rehabilitation counselors, two of whom shall be clinical mental health counselors, two of whom
9shall be educational psychologists; and each shall have been, for at least five years immediately 2 of 13
10preceding appointment, actively engaged as a practitioner rendering professional services in that
11field, or in the education and training of graduate students or interns in the field, or in appropriate
12human developmental research, or in other areas substantially equivalent thereto, and shall have
13spent the majority of the professional time in such activity during the two years preceding the
14appointment in the commonwealth. One of the 8 shall also be a member of a union licensable
15under sections 163 to 172, inclusive, of chapter 112;
16 SECTION 3. Said chapter 13 of the General Laws is hereby further amended by adding
17the following 3 sections:-
18 Section 110. (a) There shall be within the division of occupational licensure a board of
19registration of behavior analysts. The board shall consist of 9 members to be appointed by the
20governor, 2 of whom shall be Licensed Behavior Analysts licensed under this section who hold
21doctoral degrees, 4 of whom shall be Licensed Behavior Analysts licensed under this section
22who hold master’s degrees, 1 of whom shall be a Licensed Assistant Behavior Analyst licensed
23under this section who holds a bachelor’s degree, and 2 members of the general public, subject to
24section 9B. Members of the board shall be residents of the commonwealth.
25 (b) Each member of the board shall serve for a term of 3 years and until a successor has
26been appointed and qualified. A vacancy in the membership of the board shall be filled for the
27unexpired term in the manner provided for the original appointment. No member shall serve
28more than 2 full consecutive terms. A member appointed for less than a full term may serve 2
29full terms in addition to that part of a full term. A former member shall be eligible for
30appointment after a lapse of 1 year. 3 of 13
31 (c) The governor may remove a member of the board for cause, but no board member
32shall be removed without first being informed in writing at least 30 days in advance of the
33reasons for such removal and of the member’s right to a public or private hearing and to have
34counsel present at the hearing.
35 Section 111. The board shall hold at least 2 meetings annually and will determine an
36appropriate schedule of meetings that meets the needs of licensees. At its first regular meeting in
37each year the board shall elect from its own members by majority vote a chair. A majority of the
38board shall constitute a quorum. The members of the board shall serve without compensation but
39shall be reimbursed for actual expenses reasonably incurred in the performance of their board
40duties. The board may hire such staff as it deems necessary to carry out its activities.
41 Section 112. (a) The board of registration of behavior analysts may: (i) pass upon the
42qualifications of an application for a license under sections 290 to 302, inclusive, of chapter 112
43and shall issue a license to an applicant who is determined to be qualified to practice as a
44licensed behavior analyst or licensed assistant behavior analyst; (ii) adopt rules and regulations
45governing the licensure of behavior analysts and assistant behavior analysts; (iii) establish
46eligibility and renewal requirements; (iv) receive, review and approve or disapprove an
47application for a reciprocal license for an applicant who is licensed or certified as a behavior
48analyst in another state and who has demonstrated qualifications that equal or exceed those
49required under sections 290 to 302, inclusive, of said chapter 112; (v) fine, censure, revoke,
50suspend or deny a license and place on probation, reprimand or otherwise discipline a licensee
51for a violation of the code of ethics or the rules and regulations of the board under said sections
52290 to 302, inclusive, of said chapter 112; (vi) summarily suspend the license of a licensee who
53poses an imminent danger to the public; provided, however, that a hearing shall be afforded to 4 of 13
54the licensee within 10 day after any such action by the board to determine whether such
55summary action is warranted; and (vii) perform any other functions and duties as may be
56required to carry out this section.
57 (b) The board shall make available to the public a list of licensed behavior analysts and
58licensed assistant behavior analysts.
59 (c) The members of the board, its officers and employees shall be indemnified by the
60commonwealth for all actions taken as part of their responsibilities described in this section.
61 SECTION 4. Section 163 of chapter 112 of the General Laws is hereby amended by
62striking out the definitions, “Licensed applied behavior analyst” and “Licensed assistant applied
63behavior analyst”, and inserting in place thereof the following definitions:-
64 "Licensed assistant behavior analyst”, an individual who, by training, experience and
65examination meets the requirements for licensing by the board of registration of behavior
66analysts and is duly licensed to engage in the practice of applied behavior analysis under the
67supervision of a licensed behavior analyst under sections 290 through 302, inclusive.
68 “Licensed behavior analyst”, an individual who, by training, experience and examination
69meets the requirements for licensing by the board of registration of behavior analysts and is duly
70licensed to engage in the practice of applied behavior analysis in the commonwealth under
71sections 290 through 302, inclusive.
72 SECTION 5. Section 165 of chapter 112 of the General Laws is hereby amended by
73striking out the following words in the title of the section:- “applied behavior analysts”. 5 of 13
74 SECTION 6. Said Section 165 of chapter 112 of the General Laws is hereby further
75amended by striking out the eighth through fifteenth paragraphs in their entirety.
76 SECTION 7. Chapter 112 of the General Laws is hereby amended by adding the
77following 13 sections:-
78 Section 290. As used in sections 290 to 302, inclusive, the following words shall, unless
79the context clearly requires otherwise, have the following meanings:
80 “Board”, the board of registration of behavior analysts.
81 “Certifying entity”, the Behavior Analyst Certification Board, Inc. (BACB), or another
82entity whose programs to credential practitioners of applied behavioral analysis are accredited by
83the National Commission on Certifying Agencies (NCCA) or American National Standards
84Institute (ANSI) and approved by the board.
85 " Licensed assistant behavior analyst”, an individual who, by training, experience and
86examination meets the requirements for licensing by the board and is duly licensed to engage in
87the practice of applied behavior analysis under the supervision of a licensed behavior analyst.
88 “Licensed behavior analyst”, an individual who, by training, experience and examination
89meets the requirements for licensing by the board and is duly licensed to engage in the practice
90of applied behavior analysis in the commonwealth.
91 “Practice of applied behavior analysis”, the design, implementation and evaluation of
92systematic instructional and environmental modifications, using behavioral stimuli and
93consequences, to produce socially significant improvements in human behavior, including the
94direct observation and measurement of behavior and the environment, the empirical 6 of 13
95identification of functional relations between behavior and environmental factors, known as
96functional assessment and analysis, and the introduction of interventions based on scientific
97research and which utilize contextual factors, antecedent stimuli, positive reinforcement, and
98other consequences to develop new behaviors, increase or decrease existing behaviors, and elicit
99behaviors under specific environmental conditions that are delivered to individuals and groups of
100individuals; provided, however, that the “practice of applied behavior analysis” shall not include
101psychological testing, neuropsychology, diagnosis of mental health or developmental conditions,
102psychotherapy, cognitive therapy, sex therapy, psychoanalysis, psychopharmacological
103recommendations, hypnotherapy or academic teaching by college or university faculty.
104 “Recognized educational institution”, a degree-granting college or university which is
105accredited by (i) a regional accreditation body recognized by the United States Department of
106Education and (ii) a certifying entity.
107 Section 291. The board may issue a license to an applicant as a behavior analyst provided
108that the applicant:
109 (a) is of good moral character;
110 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
111for refusing to issue a license under section 301; and
112 (c) has current certification at the appropriate level verified with the certifying entity by
113the board; and any other requirements and qualifications as deemed necessary by the board
114 Section 292. The board may issue a license to an applicant as an assistant behavior
115analyst provided that the applicant: 7 of 13
116 (a) is of good moral character;
117 (b) has not engaged or is not engaging in any practice or conduct that would be grounds
118for refusing to issue a license under section 301;
119 (c) has current certification at the appropriate level verified with the certifying entity by
120the board; and
121 (d) can provide the board upon request with evidence of current and ongoing supervision
122by a licensed behavior analyst who is approved as a supervisor by the certifying entity; and any
123other requirements and qualifications as deemed necessary by the board.
124 Section 293. Each person desiring to obtain a license as a behavior analyst or as an
125assistant behavior analyst shall make application to the board upon such form and in such
126manner as the board shall prescribe and shall furnish evidence satisfactory to the board that the
127person is of good moral character including, but not limited to, the fact that such applicant has
128not been convicted of a felony; provided, however, that for the purposes of this section, a
129conviction shall include a judgment, an admission of guilt or a plea of nolo contendere to any
130such felony charges or a conviction of an offense under the laws of another jurisdiction which, if
131committed in the commonwealth, would be a felony unless:
132 (i) at least 10 years have elapsed from the date of the conviction; and
133 (ii) the applicant satisfactorily demonstrates to the board that the applicant has made
134significant progress in personal rehabilitation since the conviction so that licensure of the
135applicant would not be expected to create a substantial risk of harm to the health and safety of
136the applicant’s clients or the public or a substantial risk of further criminal violations. 8 of 13
137 The board shall have access to criminal offender record information to review such
138felony or misdemeanor convictions as are necessary to carry out this section.
139 Section 294. Notwithstanding sections 291 and 292, the board may issue a license to an
140applicant who presents evidence that such applicant has been licensed or certified as a behavior
141analyst or assistant behavior analyst by a similar board of another jurisdiction the standards of
142which are at least the same as those required in the commonwealth.
143 Section 295. A fee shall be paid to the board for the original license. A license to practice
144as a licensed behavior analyst or a licensed assistant behavior analyst shall be valid for 2 years
145and must be renewed biennially. Any application for renewal of a license that has expired shall
146require the payment of a re-registration fee.
147 On or before September 13 of the year preceding the expiration of a license, the board
148shall forward to the holder of the license a form of application for renewal thereof. Upon the
149receipt of the completed form and the renewal fee on or before November 13, the board shall
150verify with the certifying entity that the applicant is certified at the appropriate level and is not
151the subject of any active investigation or disciplinary action by the certifying entity. If such
152verification is attained, the board shall issue a new license for the year commencing January 1.
153 Section 296. All fees required by sections 290 to 302, inclusive, shall be determined
154annually by the secretary of administration and finance under section 3B of chapter 7. All
155licensing and application fees and civil administrative penalties collected under said sections 290
156to 302, inclusive, shall be deposited into the Division of Occupational Licensure Trust Fund
157established in section 35V of chapter 10. 9 of 13
158 Section 297. Nothing in sections 290 to 302, inclusive, shall be construed to prevent
159qualified members of other professions or occupations including, but not limited to, physicians,
160psychologists, teachers, members of the clergy, authorized Christian Science practitioners,
161attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment
162counselors, speech pathologists, audiologists or rehabilitation counselors from practicing applied
163behavior analysis if it is consistent with the legislated scope of practice and accepted ethical
164standards of their respective professions and the individual professional’s training and
165competence; provided, however, that no such Christian Science practitioner, attorneys-at-law,
166social worker, guidance counselor, clinical counselor, adjustment counselor, speech pathologist,
167audiologist or rehabilitation counselor shall use any title or description stating or implying that
168such person is a licensed behavior analyst or licensed assistant behavior analyst without holding
169said license.
170 Section 298. A person licensed under sections 290 to 302, inclusive, shall comply with
171the standards of ethical practice as adopted by the board.
172 Section 299. A person not licensed to practice applied behavior analysis who holds
173himself out to be a licensed behavior analyst or licensed assistant behavior analyst or who uses
174the title “licensed behavior analyst” or “licensed assistant behavior analyst” or engages in the
175practice of applied behavior analysis shall be subject to the penalties set forth in section 65A.
176 Section 300. The penalties set forth in section 299 shall not apply to faculty or students of
177applied behavior analysis currently enrolled in a recognized educational institution which meets
178educational standards determined by the board or to interns or persons preparing for the practice
179of applied behavior analysis under qualified supervision in any such program; provided, they are 10 of 13
180designated by such titles as “behavior analyst intern”, “behavior analyst trainee” or other title
181clearly indicating such training status.
182 Section 301. The board shall investigate all complaints relating to the proper practice of
183applied behavior analysis by a person licensed under sections 290 to 302, inclusive.
184 The board, after a hearing held under chapter 30A, may revoke, suspend or cancel the
185license, or reprimand, censure or otherwise discipline a licensed behavior analyst or licensed
186assistant behavior analyst upon proof satisfactory to a majority of the board that the licensee:
187 (i) fraudulently procured the license;
188 (ii) is guilty of an offense under any law of the commonwealth relating to the practice of
189applied behavior analysis or a rule or regulation adopted under those laws;
190 (iii) engaged in conduct that calls into question their competence to practice applied
191behavior analysis including, but not limited to, gross misconduct in the practice of applied
192behavior analysis or of practicing applied behavior analysis fraudulently, or beyond its
193authorized scope, or with gross incompetence, or with gross negligence on a particular occasion
194or negligence on repeated occasions;
195 (iv) practiced applied behavior analysis while the ability to practice was impaired by
196alcohol, drugs, physical disability or mental instability;
197 (v) has been habitually drunk or being or having been within a reasonable period of time
198addicted to, dependent on or a habitual user of narcotics, barbiturates, amphetamines,
199hallucinogens or other drugs having similar effects; 11 of 13
200 (vi) knowingly permitted, aided or abetted an unlicensed individual to perform activities
201requiring a license for purposes of fraud, deception or personal gain;
202 (vii) has been convicted of a criminal offense which reasonably calls into question the
203licensee’s ability to practice applied behavior analysis;
204 (viii) violated any rule or regulation of the board governing the practice of applied
205behavior analysis; or
206 (ix) violated any professional disciplinary or ethical standard established by the board.
207 No person who files a complaint or who reports or provides information under this
208section or assists the board at its request in any manner in discharging its duties and functions
209shall be liable in a cause of action arising out of the receiving of such information or assistance if
210the person making the complaint or reporting or providing the information or assistance does so
211in good faith and without malice.
212 If the licensee is found not to have violated this section, the board shall forthwith order a
213dismissal of the charges.
214 Written notice of a contemplated revocation or suspension of a license or the cause
215therefor, in sufficient particularity, and the date of a hearing thereon, shall be sent by registered
216or certified mail to the licensee at the licensee’s last known address at least 15 days before the
217date of the hearing. The licensee against whom a charge is filed shall have a right to appear
218before the board in person or by counsel, or both, may produce witnesses, introduce evidence
219and question witnesses. No license shall be revoked or suspended without such hearing, but the
220nonappearance of the licensee, after notice, shall not prevent such revocation or suspension. All 12 of 13
221matters upon which a contemplated revocation or suspension is based shall be introduced in
222evidence at the proceeding. The licensee shall be notified in writing of the board’s decision. The
223board may make such rules and regulations as it deems proper for the filing of charges and the
224conduct of hearings.
225 After issuing an order of revocation or suspension, the board may file a petition in equity
226in the superior court in a county in which the respondent resides or transacts business, or in
227Suffolk County, to ensure appropriate injunctive relief to expedite and secure the enforcement of
228its order, pending the final determination.
229 A decision by the board under this section shall be subject to review in superior court
230under chapter 30A.
231 Section 302. After three years from the date of revocation, an application for
232reinstatement may be made to the board and the board may, upon the affirmative vote of a
233majority of its members, grant such reinstatement.
234 SECTION 8. Notwithstanding section 110 of chapter 13 of the General Laws, the initial
235members of the board of registration of behavior analysts shall consist of 9 members to be
236appointed by the governor, 2 of whom shall be doctoral-level, Board-Certified Behavior Analysts
237designated as such by the Behavior Analyst Certification Board, 4 of whom shall be Board-
238Certified Behavior Analysts designated as such by the Behavior Analyst Certification Board who
239hold master’s degrees, 1 of whom shall be a Board-Certified Assistant Behavior Analyst
240designated as such by the Behavior Analyst Certification Board who holds a bachelor’s degree,
241and 2 members of the general public, subject to section 9B of chapter 13. Of the said initial 13 of 13
242members appointed to the board, 3 shall serve for terms of 3 years, 3 shall serve for terms of 2
243years and 3 shall serve for a term of 1 year.
244 SECTION 9. Individuals licensed in good standing as applied behavior analysts or
245assistant applied behavior analysts within the commonwealth upon the effective date of this Act
246shall be grandfathered, and not required to resubmit applications for licensure until the time as
247their license is due for renewal.