2025 -- H 5635

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LC001804

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSING OF APPLIED

BEHAVIOR ANALYSTS

     Introduced By: Representatives Spears, Azzinaro, Fogarty, Cotter, Caldwell, and
Donovan

     Date Introduced: February 26, 2025

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-86-2, 5-86-3, 5-86-8, 5-86-9, 5-86-10, 5-86-21 and 5-86-26 of the

General Laws in Chapter 5-86 entitled "Licensing of Applied Behavior Analysts" are hereby

amended to read as follows:

     5-86-2. Definitions.

     As used in this chapter, the following terms shall be construed as follows:

     (1) “Applied behavior analyst” means a person licensed to practice applied behavior

analysis under the provisions of this chapter and the rules and regulations authorized by this

chapter.

     (2) “Applied behavior analyst aide” means a person not licensed pursuant to the laws and

rules applicable to the practice of applied behavior analysis, who works under the supervision of a

licensed applied behavior analyst, who assists in the practice of applied behavior analysis and

whose activities require an understanding of applied behavior analysis, but do not require

professional or advanced training in the basic anatomical, psychological, and social sciences

involved in the practice of applied behavior analysis.

     (3) “Applied behavior assistant analyst Assistant applied behavior analyst” means a person

licensed who practices applied behavior analysis under the provisions of this chapter and the rules

and regulations authorized by this chapter.

     (4) “Board” means the licensing board of applied behavior analysts within the Rhode Island

department of health, established pursuant to the provisions of § 5-86-4.

     (5) “Department” means the Rhode Island department of health.

     (6) “Director” means the director of the Rhode Island department of health.

     (7) “Education” means the academic program pursued by the person in obtaining the

bachelor’s, master’s, or doctorate degree, that the programs to include formal course work,

seminars, and practica.

     (8) “Psychologist with equivalent experience” means a person deemed to hold equivalent

licensure as an applied behavior analyst upon satisfying equivalency requirements through

submission and satisfaction of written evidence of education and relevant experience to the

department pursuant to § 5-86-9(c).

     (9) “Practice of applied behavior analysis” means the design, implementation, and

evaluation of environmental modifications by a behavior analyst to produce socially significant

improvements in human behavior. It includes the empirical identification of functional relations

between environment and behavior, known as functional assessment and analysis. Applied

behavior analysis interventions are based on scientific research and the direct observation and

measurement of behavior and environment. They utilize contextual factors, establishing operations,

antecedent stimuli, positive reinforcement, and other consequences to help people develop new

behaviors, increase or decrease existing behaviors, and emit behaviors under specific

environmental conditions. The practice of applied behavior analysis expressly excludes

psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy,

psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. Such services are

provided by a person licensed under this chapter only when applied behavior analysis services are

prescribed by a child psychiatrist, a behavioral developmental pediatrician, a child neurologist, or

a licensed psychologist with training in child psychology pursuant to § 27-20.11-4.

     (10) “Supervised experience” means the practical application of principles, methods, and

procedures of the science of applied behavioral analysis in accordance with the requirements of §

5-86-9.

     (11) “Supervision” means that a licensed applied behavior analyst is at all times responsible

for supportive personnel and clients.

     (12) “These regulations” mean all parts of Rhode Island rules and regulations for licensing

applied behavior analysts, applied behavior assistant analysts assistant applied behavior analysts,

and psychologists with equivalent experience.

     (13) “Training” means the pre-professional or professional-supervised experience received

by the person at the pre or post-doctoral level, that experience to have been obtained in an

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internship, clinic, or other similar professional setting.

     5-86-3. Licensing.

     (a) Any individual licensed under this chapter may use the title “licensed applied behavior

analyst” and the abbreviation “LBA” or the title “licensed applied behavior assistant analyst

assistant applied behavior analyst” and the abbreviation “LABA,” or the title “psychologist with

equivalent experience,” provided that the title and abbreviation correspond to the license held

pursuant to this chapter.

     (b) It is unlawful for any person to represent herself or himself as a licensed applied

behavior analyst, LBA, licensed applied behavior assistant analyst assistant applied behavior

analyst, LABA, or psychologist with equivalent experience, unless he or she is licensed as a

licensed applied behavior analyst or licensed applied behavior assistant analyst assistant applied

behavior analyst or licensed as a psychologist with equivalent experience pursuant to the provisions

of this chapter.

     (c) A licensed applied behavior analyst, licensed applied behavior assistant analyst

assistant applied behavior analyst, or psychologist with equivalent experience, is not required to be

an employee of a prescribing profession or organization, and may work for a public or private

agency or in private practice in accordance with the requirements of § 5-86-9.

     (d) Licensed applied behavior analysts, licensed applied behavior assistant analysts

assistant applied behavior analysts, and psychologists with equivalent experience are responsible

for following all applicable federal and state laws and regulations regarding the confidentiality of

medical records.

     5-86-8. Register of applied behavior analysts — Licensing records — Issuance of

licenses.

     The department shall maintain a register of all licensed applied behavior analysts, licensed

applied behavior assistant analysts assistant applied behavior analysts, and psychologists with

equivalent experience under this chapter which shall be open at all reasonable times to public

inspection and updated regularly. The department shall be the custodian of all records pertaining to

the licensing of applied behavior analysts, applied behavior assistant analysts assistant applied

behavior analysts, and psychologists with equivalent experience.

     5-86-9. Qualifications and examinations for licensing.

     (a) An applicant for licensure as a licensed applied behavior analyst shall submit to the

board written evidence on forms furnished by the department that the applicant:

     (1) Is of good moral character;

     (2) Has obtained a graduate degree in applied behavior analysis or a related field, as

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approved by the board, from a college or university accredited by the New England Association of

Schools and Colleges, or an equivalent regional accrediting agency, and that has the approval by a

national or regional certifying authority, including, but not limited to, the applied behavior analyst

licensing board;

     (3) Has successfully completed the amount of coursework in applied behavior analysis

acceptable to the board;

     (4) Has appropriate supervised experience that aligns with the behavior analyst certification

boards (BACB) supervision requirements to include either: (i) One year, including one thousand

five hundred (1,500) hours of supervised independent fieldwork in applied behavior analysis. The

distribution of supervised independent fieldwork hours must be at least ten (10) hours per week,

but not more than thirty (30) hours per week, for a minimum of three (3) weeks per month; (ii) One

thousand (1,000) hours of practicum in behavior analysis within a university experience program

approved by the national or regional certifying authority. The distribution of practicum hours must

be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a

minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750) hours of intensive

practicum in behavior analysis within a university experience program approved by the national or

regional certifying authority. The distribution of intensive practicum hours must be at least ten (10)

hours per week, but not more than twenty-five (25) hours per week, for a minimum of three (3)

weeks per month;

     (5) Has passed the relevant examination administered by an appropriate nationally

recognized accrediting organization as approved by the department of health for this function

behavior certification behavior analyst (BCBA) examination administered by the behavior analyst

certification board (BACB);

     (6) Has maintained active status and fulfilled all relevant requirements for renewal and

relicensing with the nationally recognized and accredited organization(s) as approved by the

department of health licensing behavior analyst certification board;

     (7) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as approved by the Rhode Island applied behavior analyst

licensing board the ethical guidelines and standards outlined by the behavior analyst certification

board (BACB); and

     (8) Meets the criteria as established in § 5-86-12.

     (b) An applicant for licensure as a licensed applied behavior assistant analyst assistant

applied behavior analyst shall submit to the board written evidence on forms furnished by the

department that the applicant:

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     (1) Is of good moral character;

     (2) Has obtained a bachelor’s degree in behavior analysis or a related field, as approved by

the board, from a college or university accredited by the New England Association of Schools and

Colleges, or an equivalent regional accrediting agency, and that has the approval by a national or

regional certifying authority, including, but not limited to, the applied behavior analyst licensing

board;

     (3) Has successfully completed the amount of coursework in applied behavior analysis

acceptable to the board;

     (4) Has appropriate supervised experience to include either: (i) One thousand (1,000) hours

of supervised independent fieldwork in applied behavior analysis. The distribution of supervised

independent fieldwork hours must be at least ten (10) hours per week, but not more than thirty (30)

hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred seventy (670) hours

of practicum in behavior analysis within a university experience program approved by the national

or regional certifying board. The distribution of practicum hours must be at least ten (10) hours per

week, but not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per

month; or (iii) Five hundred (500) hours of intensive practicum in behavior analysis within a

university experience program approved by the national or regional certifying board. The

distribution of intensive practicum hours must be at least ten (10) hours per week, but not more

than twenty-five (25) hours per week, for a minimum of three (3) weeks per month;

     (5) Is supervised by a licensed applied behavior analyst in a manner consistent with the

board’s requirements for supervision of licensed applied behavior assistant analysts assistant

applied behavior analysts;

     (6) Has passed the examination administered by an appropriate nationally recognized

accrediting organization as approved by department of health licensing for this function;

     (7) Has maintained active status and fulfilled all relevant requirements for renewal and

relicensing with the nationally recognized and accredited organization(s) as approved by the

department of health licensing;

     (8) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as required by the Rhode Island applied behavior analyst

licensure board; and

     (9) Meets the criteria as established in § 5-86-11.

     (c) An applicant shall be judged to hold the equivalent requirement of a licensure as an

applied behavior analyst upon submission to the board, written evidence on forms furnished by the

department if the following equivalency requirements are met to the satisfaction of the licensing

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board:

     (1) Has received a doctoral degree in psychology from a college or university accredited

by the New England Association of Schools and Colleges, or an equivalent regional accrediting

agency, and that has the approval by a national or regional certifying authority;

     (2) Is individually licensed by the department of health as a psychologist subject to chapter

44 of this title;

     (3) Is of good moral character;

     (4) Has completed coursework in applied behavior analysis supervised by the department

within the college or university granting the requisite degree or by an accredited postgraduate

clinical training program recognized by the United States Department of Education, or education

and/or experience that is deemed equivalent by the board;

     (5) Has completed one thousand five hundred (1,500) hours of direct client contact offering

applied behavior analysis services subsequent to being awarded a doctoral degree in psychology;

     (6) Conducts his or her professional activities in accordance with accepted standards for

responsible professional conduct, as required by the Rhode Island applied behavior analyst

licensure board; and

     (7) Meets the criteria as established in § 5-86-12.

     5-86-10. Licensure.

     A license under this chapter may be issued to:

     (1) An any applicant who meets the requirements for licensure as approved by the

department of health and licensed as a licensed applied behavior analyst, licensed applied behavior

assistant analyst assistant applied behavior analyst, or psychologist with equivalent experience as

stated in this chapter; and

     (2) An applicant who has been certified by an appropriate nationally recognized and

accredited organization, as approved by the department of health, licensing and licensed as a

licensed applied behavior analyst, licensed applied behavior assistant analyst, or psychologist with

equivalent experience under the laws of another state, United States territory, or foreign country

where the board determines that the requirements are substantially equivalent to those of this state.

     5-86-21. Persons and practices exempt.

     (a) No provision of this chapter shall be construed to prevent members of other recognized

professions who are licensed, certified, or regulated for independent practice of that profession

under the laws of this state from rendering services consistent with their professional training and

code of ethics and scope of practice as defined in the relevant licensure act, provided that they do

not represent themselves to be licensed applied behavior analysts, licensed applied behavior

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assistant analysts assistant applied behavior analysts, or psychologists with equivalent experience.

Recognized members of the clergy shall not be restricted from functioning in their ministerial

capacity, provided that they do not represent themselves to be applied behavior analysts, licensed

applied behavior assistant analysts assistant applied behavior analysts, or psychologists with

equivalent experience.

     (b) Nothing in this chapter shall be construed to prohibit teachers, guidance personnel,

social workers, and school psychologists in public or private schools from full performance of their

duties, nor to prohibit the use of applied behavior analytic techniques by business or industrial

organizations or companies for employment, placement, evaluation, promotion, or job adjustment

of their own officers or employees.

     (c) Nothing in this section shall be construed as prohibiting the use of consultants who are

defined as qualified intellectual disability professionals under the Code of Federal Regulations

(C.F.R.) 42 C.F.R. § 483.430 by facilities licensed as intermediate-care facilities for people who

are developmentally disabled by the department of behavioral healthcare, developmental

disabilities and hospitals.

     (d) Nothing in this chapter shall be construed as permitting licensed applied behavior

analysts, licensed applied behavior assistant analysts assistant applied behavior analysts, or

psychologists with equivalent experience to practice medicine as defined by the laws of this state.

     (e) Nothing in this section shall be construed as permitting those persons identified in

subsections (b) and (f) of this section to offer their services to any persons or organizations other

than those listed in subsection (f) of this section as consultants or to accept remuneration for any

behavior analytic services other than that of their institutional salaries or fees unless they have been

licensed under this chapter or exempted under subsection (a) of this section.

     (f) Nothing in this section shall be construed as prohibiting those persons who are

implementing applied behavior analysis services to an immediate family member or as a paid or

volunteer caregiver, if the individual or caregiver does not represent himself or herself as a licensed

applied behavior analyst, licensed applied behavior assistant analyst assistant applied behavior

analyst, or psychologist with equivalent experience.

     (g) An applied behavior analyst licensed or certified in another state or United States

territory may perform applied behavior analysis services in this state without obtaining a license

for up to ten (10) calendar days per calendar year with no more than five (5) days of this activity

occurring consecutively. The calendar day limit shall not apply to services as an expert witness in

a legal proceeding.

     (h) Nothing in this section shall be construed as prohibiting any person pursuing a

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supervised course of study leading to a degree or certificate in applied behavior analysis at an

accredited or approved educational program if the person is designated by a title that clearly

indicates his or her status as a student or trainee.

     (i) Nothing in this section shall be construed as prohibiting any persons fulfilling the

supervised fieldwork experience requirement of this section.

     5-86-26. Supervision.

     (a) A licensed applied behavior analyst shall exercise sound judgment and shall provide

care within the scope of practice or guidelines in the performance of his or her duties. A licensed

applied behavior analyst shall be permitted to supervise the following: applied behavior analysts,

applied behavior assistant analysts assistant applied behavior analysts, applied behavior analyst

aides, care extenders, applied behavior analyst students, and volunteers.

     (b) Subject to the requirements of this section, a licensed applied behavior assistant analyst

assistant applied behavior analyst may practice limited applied behavior analysis only under the

supervision of a licensed applied behavior analyst. Supervision requires, at a minimum, that the

supervising licensed applied behavior therapist meet in person with the licensed applied behavior

assistant analyst assistant applied behavior analyst to provide initial direction and periodic on-site

supervision. The supervising licensed applied behavior analyst working with the applied behavior

assistant analyst assistant applied behavior analyst shall determine the amount and type of

supervision necessary in response to the experience and competence of the licensed applied

behavior assistant analyst assistant applied behavior analyst and the complexity of the treatment

program. The supervisor and the licensed applied behavior assistant analyst assistant applied

behavior analyst shall be jointly responsible for maintaining records, including patient records, to

document compliance with this regulation.

     (c) A licensed applied behavior assistant analyst assistant applied behavior analyst:

     (1) May not initiate a treatment program until the patient has been evaluated and the

treatment planned by the licensed behavior analyst;

     (2) May not perform an evaluation, but may assist in the data-gathering process and

administer specific assessments where clinical competency has been demonstrated, under the

direction of the licensed applied behavior analyst;

     (3) May not analyze or interpret evaluation data;

     (4) May participate in the screening process by collecting data and communicate the

information gathered to the licensed applied behavior analyst;

     (5) Monitors the need for reassessment and reports changes in status that might warrant

reassessment or referral under the supervision of the licensed applied behavior analyst; and

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     (6) Immediately discontinues any treatment procedure, which appears harmful to the

patient and immediately notifies the supervising applied behavior analyst.

     (d) An applied behavior analyst aide shall be a worker trained on the job. A licensed applied

behavior analyst using applied behavior analyst aide personnel to assist with the provision of

applied behavior analysis services must provide close supervision in order to protect the health and

welfare of the consumer.

     (e) The primary function of an applied behavior analyst aide shall be to perform designated

routine tasks related to the operation of applied behavior analysis service.

     (f) The licensed applied behavior analyst shall not delegate to an applied behavior analyst

aide:

     (1) Performance of applied behavior analysis evaluation procedures;

     (2) Initiation, planning, adjustment, modification, or performance of applied behavior

analyst procedures requiring the skills or judgment of a licensed applied behavior analyst;

     (3) Acting on behalf of the applied behavior analyst in any matter related to applied

behavior analysis, that requires decision making or professional judgment.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LICENSING OF APPLIED

BEHAVIOR ANALYSTS

***

     This act would change the name of "applied behavior assistant analyst" to "assistant applied

behavior analyst" and makes several changes to provide consistency in the certification language

for behavioral analysts.

     This act would take effect upon passage.

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