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Arkansas General Assembly· HB 1245Notification that HB1245 is now Act 432

An act TO CREATE THE ARKANSAS BEHAVIOR ANALYST 10 REGISTRATION ACT, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: S2/13/25 S3/6/25 S3/13/25

2 95th General Assembly                     A Bill

3 Regular Session, 2025                                           HOUSE BILL 1245

4

5 By: Representatives Clowney, Maddox

6 By: Senator Irvin

7

8                        For An Act To Be Entitled

9               AN ACT TO CREATE THE ARKANSAS BEHAVIOR ANALYST

10              REGISTRATION ACT; AND FOR OTHER PURPOSES.

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12

13                                          Subtitle

14                       TO CREATE THE ARKANSAS BEHAVIOR ANALYST

15                       REGISTRATION ACT.

16

17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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19  SECTION 1. Arkansas Code Title 17, Subchapter 97, is amended to add an

20 additional subchapter to read as follows:

21                       Subchapter 6 -- Behavior Analysts

22

23  17-97-601. Title.

24  This subchapter shall be known and may be cited as the "Arkansas

25 Behavior Analyst Registration Act".

26

27  17-97-602. Definitions.

28  As used in this subchapter, "registered behavior analyst" means an

29 individual who is registered to practice behavior analysis independently by

30 the Arkansas Psychology Board under this subchapter.

31

32  17-97-603. Unlawful practice of applied behavior analysis.

33  (a) Unless registered under this subchapter, a person shall not:

34              (1) Hold himself or herself out to be a registered behavior

35 analyst; or

36              (2) Use any combination or abbreviation of the term "registered

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1 behavior analyst" to indicate or imply that he or she is a registered

2 behavior analyst.

3   (b)(1) A person found to be in violation of subsection (a) of this

4 section is subject to a fine of no less than five hundred dollars ($500) and

5 no more than one thousand dollars ($1,000).

6               (2) A person registered under this subchapter who violates this

7 subchapter is subject to administrative sanctions and penalties, including

8 without limitation a fine of no more than five thousand dollars ($5,000) and

9 revocation of his or her registration.

10

11  17-97-604. Registration.

12  (a) Each applicant for registration as a registered behavior analyst

13 shall submit to the Arkansas Psychology Board:

14              (1) An application;

15              (2) An application fee that does not exceed two hundred dollars

16 ($200);

17              (3) Evidence that he or she has successfully completed a

18 criminal background check; and

19              (4) Evidence that he or she is certified by the Behavior Analyst

20 Certification Board, Inc., as a board certified behavior analyst or a board

21 certified behavior analyst-doctoral.

22              (b) This section does not require additional training or

23 continuing education with any state or national association.

24

25  17-97-605. Expiration and renewal.

26  (a) A registration under this subchapter shall be granted for a period

27 of two (2) years.

28  (b) Before expiration of a license, the registration may be renewed

29 upon submission of:

30              (1) A renewal application;

31              (2) A renewal fee that does not exceed one hundred fifty dollars

32 ($150); and

33              (3) Evidence of verification of current certification.

34  (c) This section does not require additional training or continuing

35 education with any state or national association.

36

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1   17-97-606. Temporary registration.

2   (a) A behavior analyst licensed in another jurisdiction or who holds

3 current certification as a board certified behavior analyst, board certified

4 behavior analyst-doctoral, board certified assistant behavior analyst, or

5 equivalent, issued by the Behavior Analyst Certification Board, Inc., or its

6 equivalent approved by the Arkansas Psychology Board to practice

7 independently who provides applied behavior analysis services in this state

8 on a short-term basis may apply for a temporary registration.

9   (b) An applicant for a temporary registration shall submit an

10 application and fee established by the Arkansas Psychology Board and evidence

11 that their practice in the jurisdiction will be temporary as defined by the

12 Arkansas Psychology Board in rules.

13  (c) A temporary registration shall be granted only if the Arkansas

14 Psychology Board verifies the applicant's licensure or certification status

15 with the relevant entity.

16

17  17-97-607. Reciprocity.

18  (a) The Arkansas Psychology Board may issue a registration to a person

19 who is currently licensed as a behavior analyst in good standing in another

20 jurisdiction that imposes requirements comparable to those specified in this

21 subchapter, including holding current certification as a board certified

22 behavior analyst or a board certified behavior analyst-doctoral or

23 equivalent, issued by the Behavior Analyst Certification Board, Inc., or its

24 equivalent.

25  (b) An applicant for reciprocal registration under this section shall

26 have current licensure or certificate verified by the Arkansas Psychology

27 Board and comply with other requirements under � 17-97-604.

28

29  17-97-608. Regulation by Arkansas Psychology Board.

30  (a) The Arkansas Psychology Board shall administer the provisions of

31 this subchapter and may adopt rules that are reasonable and necessary to

32 implement the provisions of this subchapter.

33  (b) The Arkansas Psychology Board may adopt the Ethics Code for

34 Behavior Analysts issued by the Behavior Analyst Certification Board, Inc.,

35 as existing on January 1, 2025.

36

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1   SECTION 2. Arkansas Code � 17-97-201(a)(3), concerning the creation

2 and members of the Arkansas Psychology Board, is amended to add an additional

3 subdivision to read as follows:

4   (D) At least one (1) of the members appointed under

5 subdivision (a)(2) of this section shall be a licensed psychologist who is

6 either a board certified behavior analyst or has a background and experience

7 providing behavior analysis services.

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9                                  /s/Clowney

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