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Arkansas General Assembly· HB 1954Notification that HB1954 is now Act 869

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            A Bill
2 95th General Assembly

3 Regular Session, 2025                                           HOUSE BILL 1954

4

5 By: Representative Andrews

6 By: Senator Irvin

7

8                              For An Act To Be Entitled

9   AN ACT TO CREATE THE ARKANSAS BEHAVIOR ANALYST

10  REGISTRATION ACT; TO INCLUDE QUALIFIED BEHAVIOR

11  ANALYSTS UNDER THE ARKANSAS BEHAVIOR ANALYST

12  REGISTRATION ACT; AND FOR OTHER PURPOSES.

13

14

15                             Subtitle

16                       TO CREATE THE ARKANSAS BEHAVIOR ANALYST

17                       REGISTRATION ACT; AND TO INCLUDE

18                       QUALIFIED BEHAVIOR ANALYSTS UNDER THE

19                       ARKANSAS BEHAVIOR ANALYST REGISTRATION

20                       ACT.

21

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

23

24  SECTION 1. DO NOT CODIFY. Legislative intent.

25  (a) It is the intent of the General Assembly to add additional

26 language concerning qualified behavior analysts to the Arkansas Behavior

27 Analyst Registration Act under HB1245 of 202 which has been transmitted to

28 the Governor's Office but has not been signed as an act at this time.

29  (b) This act does not repeal the Arkansas Behavior Analyst

30 Registration Act under HB1245 of 2025.

31

32  SECTION 2. Arkansas Code Title 17, Subchapter 97, is amended to add an

33 additional subchapter to read as follows:

34                             Subchapter 6 -- Behavior Analysts

35

36  17-97-601. Title.

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

2 Behavior Analyst Registration Act".

3

4   17-97-602. Definition.

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

6 individual who is registered to practice behavior analysis independently by

7 the Arkansas Psychology Board under this subchapter.

8

9   17-97-603. Unlawful practice of applied behavior analysis.

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

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

12 analyst; or

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

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

15 behavior analyst.

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

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

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

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

20 subchapter is subject to administrative sanctions and penalties, including

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

22 revocation of his or her registration.

23

24  17-97-604. Registration.

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

26 shall submit to the Arkansas Psychology Board:

27              (1) An application;

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

29 ($200);

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

31 criminal background check; and

32              (4) Evidence that he or she is certified as:

33                    (A) A board certified behavior analyst or a board

34 certified behavior analyst-doctoral by the Behavior Analyst Certification

35 Board, Inc.; or

36                    (B) A qualified behavior analyst by the Qualified Applied

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1 Behavior Analysis Credentialing Board.

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

3 continuing education with any state or national association.

4

5   17-97-605. Expiration and renewal.

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

7 of two (2) years.

8   (b) Before expiration of a registration, the registration may be

9 renewed upon the submission of:

10              (1) A renewal application;

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

12 ($150); and

13              (3) Evidence of verification of current certification.

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

15 education with any state or national association.

16

17  17-97-606. Temporary registration.

18  (a)(1) A behavior analyst licensed in another jurisdiction or who

19 holds current certification as a board certified behavior analyst, board

20 certified behavior analyst-doctoral, board certified assistant behavior

21 analyst, or equivalent, issued by the Behavior Analyst Certification Board,

22 Inc., or its equivalent approved by the Arkansas Psychology Board to practice

23 independently who provides applied behavior analysis services in this state

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

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

26 holds current certification as a qualified behavior analyst by the Qualified

27 Applied Behavior Analysis Credentialing Board or its equivalent approved by

28 the Arkansas Psychology Board to practice independently who provides applied

29 behavior analysis services in this state on a short-term basis may apply for

30 a temporary registration.

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

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

33 that his or her practice in the jurisdiction will be temporary as defined by

34 the Arkansas Psychology Board in rules.

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

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

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1 with the relevant entity.

2

3   17-97-607. Reciprocity.

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

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

6 jurisdiction that imposes requirements comparable to those specified in this

7 subchapter, including holding a current certification as:

8   (1) A board certified behavior analyst or a board certified

9 behavior analyst-doctoral or equivalent, issued by the Behavior Analyst

10 Certification Board, Inc., or its equivalent; or

11  (2) A qualified behavior analyst by the Qualified Applied

12 Behavior Analysis Credentialing Board.

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

14 have current licensure or certificate verified by the Arkansas Psychology

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

16

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

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

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

20 implement the provisions of this subchapter.

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

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

23 as existing on January 1, 2025, and the Code of Ethics issued by the

24 Qualified Applied Behavior Analysis Credentialing Board.

25

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

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

28 subdivision to read as follows:

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

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

31 board certified behavior analyst, qualified behavior analyst, or has a

32 background and experience providing behavior analysis services.

33

34

35

36

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