Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas               As Engrossed:      H2/22/23 S4/4/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             HOUSE BILL 1189
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 By: Representative Clowney
 By: Senators K. Hammer, Irvin
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                                   For An Act To Be Entitled
                AN ACT TO CREATE THE ARKANSAS BEHAVIOR ANALYST
                LICENSURE ACT; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO CREATE THE ARKANSAS BEHAVIOR ANALYST
                         LICENSURE ACT.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code Title 17, Subchapter 97, is amended to add an
 additional subchapter to read as follows:
                                Subchapter 6 — Behavior Analysts
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        17-97-601.        Title.
        This subchapter shall be known and may be cited as the "Arkansas
 Behavior Analyst Licensure Act".
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        17-97-602.        Definitions.
        As used in this subchapter:
                (1)      "Behavior technician" means a paraprofessional who:
                          (A)   Practices under the close, ongoing supervision of a
 licensed behavior analyst;
                          (B)   Does not design assessment or intervention plans or
 procedures; and
                          (C)   Delivers services as assigned by his or her
 supervisor;
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               (2)    "Licensed behavior analyst" means an individual who is
 licensed to practice behavior analysis independently by the Arkansas
 Psychology Board under this subchapter; and
               (3)(A)     "Practice of applied behavior analysis" means the design,
 implementation, and evaluation of instructional and environmental
 modifications to produce socially significant improvements in human behavior,
 including:
                              (i)    The empirical identification of functional
 relations between behavior and environmental factors, known as functional
 assessment and analysis; and
                              (ii)    Applied behavior analysis interventions based
 on scientific research and direct and indirect observation and measurement of
 behavior and environment which utilize contextual factors, motivating
 operations, antecedent stimuli, positive reinforcement, and other procedures
 to help individuals develop new behaviors, increase or decrease existing
 behaviors, and emit behaviors under specific environmental conditions.
                        (B)   "Practice of applied behavior analysis" does not
 include diagnosis of disorders, psychotherapy, cognitive therapy,
 psychoanalysis, or counseling.
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      17-97-603.        Unlawful practice of applied behavior analysis.
      (a)     Unless licensed under this subchapter or exempt under § 17-97-604,
 a person shall not:
               (1)    Hold himself or herself out to be a licensed behavior
 analyst;
               (2)    Use any combination or abbreviation of the term "licensed
 behavior analyst" to indicate or imply that he or she is a licensed behavior
 analyst; or
               (3)    Perform the practice of applied behavior analysis.
      (b)(1)     A person found to be in violation of this subchapter is subject
 to a fine of no less than five hundred dollars ($500).
               (2)    A person licensed under this subchapter who violates this
 subchapter is subject to administrative sanctions and penalties, including
 without limitation revocation of his or her license.
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      17-97-604.        Exemptions.
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     As Engrossed:    H2/22/23 S4/4/23                                           HB1189
      This subchapter does not prohibit or restrict the practice of any of
 the following:
            (1)     An individual licensed to practice psychology in this state
 and an individual who delivers psychological services under his or her
 supervision if the:
                     (A)   Applied behavior analysis services provided are within
 the boundaries of the licensed psychologist's education, training,
 competence, and scope of practice; and
                     (B)   Licensed psychologist does not represent that he or
 she is a licensed behavior analyst unless he or she is also licensed under
 this subchapter;
            (2)     An individual licensed to practice other professions in this
 state and an individual who delivers services under his or her supervision,
 if the:
                     (A)   Applied behavior analysis services provided are within
 the boundaries of the licensed professional's education, training,
 competence, and scope of practice; and
                     (B)   Licensed professional does not represent that he or
 she is a licensed behavior analyst unless he or she is also licensed under
 this subchapter;
            (3)(A)     A behavior technician who delivers applied behavior
 analysis services under the extended authority and direction of a licensed
 behavior analyst.
                     (B)   A behavior technician shall not represent themselves
 as a professional behavior analyst and shall use titles that indicate their
 nonprofessional status, such as “ABA technician", “behavior technician", or
 “tutor”;
            (4)(A)     A caregiver of a recipient of applied behavior analysis
 services who delivers those services to the recipient under the extended
 authority and direction of a licensed behavior analyst.
                     (B)   An individual under subdivision (4)(A) of this section
 shall not represent himself or herself as a "professional behavior analyst";
            (5)(A)     A behavior analyst who practices with nonhumans,
 including applied animal behaviorists and animal trainers.
                     (B)   An individual described under subdivision (5)(A) of
 this section may use the title “behavior analyst” but shall not represent
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 himself or herself as a licensed behavior analyst unless licensed under this
 subchapter;
               (6)(A)     A professional who provides general applied behavior
 analysis services to organizations if those services are for the benefit of
 the organizations and do not involve direct services to individuals.
                        (B)    An individual described under subdivision (6)(A) of
 this section may use the title “behavior analyst” but shall not represent
 himself or herself as a licensed behavior analyst unless licensed under this
 subchapter;
               (7)(A)     A matriculated college or university student or
 postdoctoral fellow whom applied behavior analysis activities are part of a
 defined program of study, course, practicum, internship, or fellowship and
 are directly supervised by a licensed behavior analyst in this state or a
 qualified faculty member.
                        (B)    An individual described under subdivision (7)(A) of
 this section shall not represent themselves as professional behavior analysts
 and shall use titles that clearly indicate their trainee status, such as
 “student", “intern", or “trainee”;
               (8)(A)     An individual who teaches behavior analysis or conduct
 behavior-analytic research if the activities do not involve the direct
 delivery of applied behavior analysis services beyond the typical parameters
 of applied research.
                        (B)    An individual described under subdivision (9)(A) of
 this section may use the title “behavior analyst” but shall not represent
 himself or herself as a licensed behavior analyst unless licensed under this
 subchapter;
               (9)    A behavior analyst licensed in another jurisdiction to
 practice independently and who practice in this state for no more than twelve
 (12) weeks within a calendar year upon approval of a temporary license; or
               (10)(A)        An individual employed by a school district performing
 the duties of his or her positions.
                        (B)    An individual described under subdivision (11)(A) of
 this section shall not:
                                (i)    Represent himself or herself as a licensed
 behavior analyst unless licensed under this subchapter; or
                                (ii)   Offer applied behavior analysis services to any
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     As Engrossed:    H2/22/23 S4/4/23                                        HB1189
 persons or entities other than his or her school employer or accept
 remuneration for providing applied behavior analysis services other than the
 remuneration he or she receives from his or her school employer.
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      17-97-605.     Licensure.
      Each applicant for licensure as a licensed behavior analyst shall
 submit to the Arkansas Psychology Board:
            (1)    An application;
            (2)    Appropriate application fees as determined by the Arkansas
 Psychology Board;
            (3)    Evidence that the applicant has successfully completed a
 criminal background check; and
            (4)    Evidence of his or her current certification as a board-
 certified behavior analyst or a board-certified behavior analyst-doctoral
 verified by the board.
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      17-97-606.     Expiration and renewal.
      (a)   A license under this subchapter shall be granted for a period of
 two (2) years.
      (b)   Before expiration of a license, the license may be renewed upon
 submission of:
            (1)    A renewal application;
            (2)    Appropriate renewal fees determined by the Arkansas
 Psychology Board; and
            (3)    Evidence of verification of current certification.
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      17-97-607.     Temporary license.
      (a)   A behavior analyst licensed in another jurisdiction or who holds
 current certification as a board-certified behavior analyst, board-certified
 behavior analyst-doctoral, board-certified assistant behavior analyst, or
 equivalent, issued by the Behavior Analyst Certification Board, Inc., or its
 equivalent approved by the Arkansas Psychology Board to practice
 independently who provides applied behavior analysis services in this state
 on a short-term basis may apply for a temporary license.
      (b)   An applicant for a temporary license shall submit an application
 and fee established by the Arkansas Psychology Board and evidence that their
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 practice in the jurisdiction will be temporary as defined by the Arkansas
 Psychology Board in rules.
      (c)   A temporary license shall be granted only if the Arkansas
 Psychology Board verifies the applicant’s licensure or certification status
 with the relevant entity.
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      17-97-608.     Reciprocity.
      (a)   The Arkansas Psychology Board may issue a license to a person who
 is currently licensed as a behavior analyst in good standing in another
 jurisdiction that imposes licensure requirements comparable to those
 specified in this subchapter, including holding current certification as a
 board-certified behavior analyst or a board-certified behavior analyst-
 doctoral or equivalent, issued by the Behavior Analyst Certification Board or
 its equivalent.
      (b)   An applicant for reciprocal licensure under this section shall
 have current licensure verified by the board and comply with other
 requirements under § 17-97-605.
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      17-97-609.     Regulation by Arkansas Psychology Board.
      (a)   The Arkansas Psychology Board shall administer the provisions of
 this subchapter under such procedures as it considers advisable and may adopt
 rules that are reasonable and necessary to implement the provisions of this
 subchapter.
      (b)   The Arkansas Psychology Board may adopt the Ethics Code for
 Behavior Analysts issued by the Behavior Analyst Certification Board, Inc.,
 as existing on January 1, 2023.
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      SECTION 2.     Arkansas Code § 17-97-201(a)(3), concerning the creation
 and members of the Arkansas Psychology Board, is amended to add an additional
 subdivision to read as follows:
                     (D)   At least two (2) of the members appointed under
 subdivision (a)(2) of this section shall be licensed psychologists who are
 board-certified behavior analysts.
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                                      /s/Clowney
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Statutes affected: 
Old version HB1189 V4 - 4-4-2023 01:25 PM: 17-97-201(a)