19.0673.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2236
of North Dakota
Introduced by
Senators J. Lee, Anderson
Representative Beadle
1 A BILL for an Act to create and enact chapter 43-64 of the North Dakota Century Code, relating
2 to the licensure and regulation of behavior analyst professionals; to amend and reenact
3 sections 43-32-01, 43-32-02, 43-32-08, 43-32-08.1, 43-32-08.2, 43-32-09, 43-32-12, 43-32-13,
4 43-32-14, 43-32-16, 43-32-17, 43-32-19.1, 43-32-20, 43-32-27, 43-32-27.1, 43-32-30, 43-57-01,
5 43-57-03, and 43-57-06, subsection 2 of section 43-57-07, and section 43-57-11, relating to the
6 regulation of applied behavioral analysts of psychologist examiners and to the board of
7 integrative health care; to provide a penalty; and to provide an effective date.
8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9 SECTION 1. AMENDMENT. Section 43-32-01 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 43-32-01. Definitions.
12 1. "Applied behavior analyst" means an individual licensed under this chapter as an
13 applied behavior analyst. The term does not include a registered applied behavior
14 analyst.
15 2. "Board" means the North Dakota state board of psychologist examiners.
16 3.2. "Industrial-organizational psychologist" means an individual who is licensed under this
17 chapter to engage in the practice of industrial-organizational psychology.
18 4.3. "Industrial-organizational psychology" means the provision of psychological research
19 services or consultation services to a group or an organization. The term does not
20 include the delivery or supervision of services to individuals who are themselves,
21 rather than the group or organization, the intended beneficiaries of the services,
22 regardless of the source or extent of payment for services rendered.
23 5.4. "Industrial-organizational psychology resident" means an individual who has met the
24 requirement of subdivision b of subsection 2 of section 43-32-20, is involved in
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1 supervised employment in industrial-organizational psychology, and has registered
2 with the board.
3 6.5. "Licensee" means an industrial-organizational psychologist, an applied behavior
4 analyst, or a psychologist.
5 7. "Practice of applied behavior analysis":
6 a. Means the application of the principles, methods, and procedures of the
7 experimental analysis of behavior and applied behavior analysis, including
8 principles of operant and respondent learning. The term includes applications of
9 those principles, methods, and procedures to:
10 (1) Design, supervise, evaluate, and modify treatment programs to change the
11 behavior of individuals diagnosed with an autism spectrum disorder;
12 (2) Design, supervise, evaluate, and modify treatment programs to change the
13 behavior of individuals;
14 (3) Design, supervise, evaluate, and modify treatment programs to change the
15 behavior of groups; and
16 (4) Consult with individuals and organizations.
17 b. The term does not include diagnosis, counseling, psychological testing,
18 personality assessment, intellectual assessment, neuropsychological
19 assessment, psychotherapy, cognitive therapy, sex therapy, family therapy,
20 coordination of care, psychoanalysis, hypnotherapy, and long-term counseling as
21 treatment modalities.
22 8.6. "Practice of psychology" means the observation, description, evaluation, interpretation,
23 or modification of human behavior by the application of psychological principles,
24 methods, and procedures for the purpose of preventing or eliminating symptomatic,
25 maladaptive, or undesired behavior and enhancing interpersonal relationships, work
26 and life adjustment, personal effectiveness, behavioral health, and mental health. The
27 term includes psychological testing and the evaluation or assessment of personal
28 characteristics, such as intelligence, personality, abilities, interests, aptitudes, and
29 neuropsychological functioning; counseling, psychotherapy, biofeedback, behavior
30 analysis and therapy, clinical applications of hypnosis, and other therapeutic
31 techniques based on psychological principles; diagnosis and treatment of mental and
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1 emotional disorder or disability, compulsive disorders, disorders of habit or conduct as
2 well as of the psychological aspects of physical illness, accident, injury, or disability;
3 and psychoeducational evaluation, therapy, remediation, and consultation. The term
4 includes providing psychological services to individuals, families, groups,
5 organizations, institutions, and the public regardless of whether payment is received
6 for services rendered. The term includes supervising others who are engaged in the
7 practice of psychology.
8 9.7. "Psychologist" means an individual who is licensed under this chapter in the practice
9 of psychology.
10 10.8. "Psychology resident" means an individual who is registered by the board and is
11 actively engaged in supervised practice.
12 11. "Registered applied behavior analyst" or "registrant" means an individual who is
13 registered under this chapter as a registered applied behavior analyst and is
14 supervised by a psychologist or applied behavior analyst. The term does not include
15 an applied behavior analyst.
16 12.9. "School or college" means any university or other institution of higher learning which is
17 accredited by a regional accrediting association, offering a full-time graduate course of
18 study in industrial-organizational psychology, or psychology, or applied behavior
19 analysis, as appropriate.
20 SECTION 2. AMENDMENT. Section 43-32-02 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 43-32-02. State board of psychologist examiners - How appointed - Qualifications.
23 The governor shall appoint a state board of psychologist examiners consisting of seven
24 members, all of whom are residents of the state. One board member must be designated a
25 public member who is a resident of this state, is at least twenty-one years of age, and is not
26 affiliated with any group or profession that provides or regulates health care in any form. Of the
27 remaining six board members, at least one member must be engaged primarily in providing
28 service in psychology or applied behavior analysis, and at least one member must be engaged
29 primarily in teaching, training, or research in psychology or applied behavior analysis. Except
30 the public member, each member must be licensed under this chapter for at least five years.
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1 SECTION 3. AMENDMENT. Section 43-32-08 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 43-32-08. Rules.
4 The board may adopt rules as necessary to enable the board to carry into effect the
5 provisions of this chapter. The rules may include a code of ethics for licensees and registrants.
6 The board shall adopt rules defining what programs of study are substantially psychological in
7 nature; and what educational programs are acceptable for the licensing of psychologists and
8 applied behavior analysts and for registering registered applied behavior analysts; and what
9 educational programs are acceptable for the licensing of industrial-organizational psychologists.
10 SECTION 4. AMENDMENT. Section 43-32-08.1 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 43-32-08.1. Continuing education requirements.
13 The board shall adopt rules establishing requirements for the continuing education of all
14 licensees, psychology residents, registrants, and industrial-organizational psychology residents.
15 The board may refuse to renew, suspend, revoke, or place on probationary status any license
16 or registration issued under this chapter if the licensee or registrant fails to meet applicable
17 continuing education requirements. Sponsors of continuing education courses, classes, or
18 activities may be charged a reasonable fee determined by the board.
19 SECTION 5. AMENDMENT. Section 43-32-08.2 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 43-32-08.2. Continuing education requirements - Renewal.
22 Absent a showing of good cause, the board may not renew a license or registration issued
23 under this chapter without proof the continuing education requirements under section
24 43-32-08.1 have been met. An individual whose license or registration is not renewed because
25 of failure to meet the continuing education requirements must be reinstated and the license or
26 registration renewed if, within one year from the date of nonrenewal, the individual
27 demonstrates to the secretary of the board the continuing education requirements have been
28 satisfied, pays the renewal fee, and pays a late fee to be determined by rule of the board.
29 SECTION 6. AMENDMENT. Section 43-32-09 of the North Dakota Century Code is
30 amended and reenacted as follows:
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1 43-32-09. Examination of qualifications of applicants.
2 The board shall examine for, deny, approve, revoke, suspend, and renew the licensing and
3 registration of applicants as provided under this chapter.
4 SECTION 7. AMENDMENT. Section 43-32-12 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 43-32-12. Application and fee for licensure and registration.
7 The board shall adopt rules establishing the amount of the application fee for licensure and
8 registration. A fee is not refundable.
9 SECTION 8. AMENDMENT. Section 43-32-13 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 43-32-13. Annual license and registration fee.
12 Annually, the board shall mail or transmit by electronic mail a renewal notice and application
13 to each licensee and registrant at the address or electronic mail address on file with the board.
14 Before November fifteenth of each year, every licensee and registrant shall apply for renewal on
15 a renewal application form provided by the board and pay to the secretary of the board an
16 annual fee determined by the board by rule. Upon confirmation by the board the renewal
17 application is complete, the criteria for renewal have been met, and the secretary of the board
18 has received payment of the annual fee, the secretary shall issue the licensee or registrant a
19 certificate of annual renewal, which commences on January first. An individual may not hold out
20 as an industrial-organizational psychologist, an applied behavior analyst, a registered applied
21 behavior analyst, or a psychologist until the annual fee is paid. The board may deny renewal of
22 the license or registration of an individual who violates this section. Annually, the board shall
23 mail or electronically mail a renewal notice to each licensee and registrant at the address or
24 electronic mail address on file with the board.
25 SECTION 9. AMENDMENT. Section 43-32-14 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 43-32-14. Payment of delinquent annual fee - Reinstatement.
28 If an individual's license or registration issued under this chapter expires for failure to pay
29 the annual fee, the board shall reinstate that individual and renew the license or registration if,
30 within one year from the date of expiration, the individual pays to the secretary of the board the
31 amount of the annual fees in default and a late fee in the amount established by the board by
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1 rule and demonstrates all continuing education requirements have been met or the board has
2 granted an extension of the period in which to meet the continuing education requirements.
3 SECTION 10. AMENDMENT. Section 43-32-16 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 43-32-16. Board to keep records.
6 1. The board shall keep a record of its proceedings and a register of all applicants for
7 licensing or registration which must show:
8 a. The name, date of birth, and residence of each applicant.
9 b. The date of each applicant's application.
10 c. The place of business of each applicant.
11 d. A summary of the educational and other qualifications of each applicant.
12 e. Whether an examination was required of an applicant.
13 f. Whether a license or registration was granted to an applicant.
14 g. The date of the action of the board.
15 h. Any information the board determines necessary or advisable in aid of the
16 requirements of this subsection.
17 2. Except as otherwise provided by law, the records of the board are public records and
18 evidence of the proceedings of the board, and a transcript of board proceedings, duly
19 certified by the secretary of the board is admissible in evidence with the same effect
20 as if the original were produced.
21 SECTION 11. AMENDMENT. Section 43-32-17 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 43-32-17. License required for practice - Titles.
24 1. Except as otherwise provided under this chapter, a person may not engage in the
25 practice of psychology unless that person is licensed as a psychologist or is registered
26 as a psychology resident under this chapter. Except as otherwise provided by this
27 chapter, a person may not engage in the practice of industrial-organizational
28 psychology unless that person is licensed as a psychologist or
29 industrial-organizational psychologist or is registered as a psychology resident or
30 industrial-organizational psychology resident under this chapter. Except as otherwise
31 provided under this chapter, a person may not engage in the practice of applied
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1 behavior analysis unless that person is a licensee or is registered and supervised as
2 an applied behavior analyst as provided under this chapter.
3 2. A person may not use the title "psychologist" or similar title unless that person is
4 licensed as a psychologist. A person may not use the titles "industrial psychologist",
5 "organizational psychologist", or "industrial-organizational psychologist" unless that
6 person is licensed as a psychologist or industrial-organizational psychologist. A person
7 may not use the title "licensed applied behavior analyst" or similar title unless that
8 person is an applied behavior analyst. A person may not use the title "registered
9 applied behavioral analyst" or similar title unless that person is registered and
10 supervised as a registered applied behavior analyst.
11 3. A person may not use the title "psychology resident" or similar title unless that person
12 is registered as a psychology resident. A person may not use the titles "industrial
13 psychology resident", "organizational psychology resident", or
14 "industrial-organizational psychology resident" unless that person is registered as a
15 psychology resident or industrial-organizational psychology resident.
16 SECTION 12. AMENDMENT. Section 43-32-19.1 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 43-32-19.1. Expedited licensure - Licensing or registering applicants licensed or
19 registered in other jurisdictions.
20 1. The board may grant a license or registration to an applicant who is an individual
21 licensed, certified, or registered in another jurisdiction and who files a completed
22 application on a form and in a manner the board prescribed, submits the required fee,
23 and submits documentation:
24 a. Confirming graduation from an accredited program in the degree of licensure or
25 registration for which the individual is applying in this state;
26 b. Confirming completion of a national examination required by the board related to
27 competence in psychology or applied behavior analysis;
28 c. Identifying all professional licenses, certifications, or registrations previously
29 obtained by the applicant in any jurisdiction;
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1 d. Explaining any professional or personal conduct that reasonably may be
2 interpret