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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1557 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to applied behavior analysis;
7 amending 59 O.S. 2021, Section 1928, which relates to
8 licensing of behavior analysts; modifying
8 definitions; transferring certain powers and duties
9 from the Department of Human Services to the State
9 Board of Osteopathic Examiners; granting certain
10 additional power to the Board; requiring a national
10 criminal history record check for applicants;
11 prohibiting certain dissemination of information;
11 updating statutory language and references; modifying
12 certain fee limit; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1928, is
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17 amended to read as follows:
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18 Section 1928. A. As used in this act section and Sections 1-
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19 280.1, 1-280.2, and 1-280.3 of Title 63 of the Oklahoma Statutes:
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20 1. a. "Applied behavior analysis" means the design,
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21 implementation, and evaluation of instructional and
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22 environmental modifications to produce socially
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23 significant improvements in human behavior through
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1 skill, acquisition, and the reduction of problematic
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2 behavior. An applied behavior analysis program shall:
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3 (1) be based on empirical research including the
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4 direct observation and measurement of behavior as
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5 well as a functional behavior assessment, and
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6 (2) utilize antecedent stimuli, positive
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7 reinforcement, and other consequences to produce
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8 behavior change.
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9 b. Applied behavior analysis does not include cognitive
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10 therapies or psychological testing, neuropsychology,
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11 psychotherapy, sex therapy, psychoanalysis,
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12 hypnotherapy, and long-term counseling as treatment
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13 modalities;
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14 2. "Board" means the nationally accredited Behavior Analyst
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15 Certification Board State Board of Osteopathic Examiners;
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16 3. "Certified assistant behavior analyst" means an individual
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17 who is certified by the national Behavior Analyst Certification
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18 Board as a Board Certified Assistant Behavior Analyst and certified
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19 by the State Board of Osteopathic Examiners;
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20 4. "Human services professional" means an individual licensed
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21 or certified by the state as one of the following:
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22 a. a licensed physical therapist or physical therapist
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23 assistant pursuant to Sections 887.1 through 887.18
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Req. No. 2988 Page 2
1 887.19 of Title 59 of the Oklahoma Statutes this
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2 title,
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3 b. an occupational therapist, occupational therapy
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4 assistant, or occupational therapy aide pursuant to
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5 Sections 888.1 through 888.15 of Title 59 of the
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6 Oklahoma Statutes this title,
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7 c. a licensed clinical social worker, licensed masters
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8 social worker, or social work associate pursuant to
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9 Sections 1250 through 1273 of Title 59 of the Oklahoma
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10 Statutes this title,
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11 d. a psychologist or health service psychologist pursuant
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12 to Sections 1351 through 1376 of Title 59 of the
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13 Oklahoma Statutes this title,
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14 e. a licensed speech pathologist, licensed audiologist,
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15 speech-language pathologist or audiologist pursuant to
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16 Sections 1601 through 1622 of Title 59 of the Oklahoma
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17 Statutes this title,
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18 f. a licensed professional counselor or licensed
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19 professional counselor candidate pursuant to Sections
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20 1901 through 1920 of Title 59 of the Oklahoma Statutes
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21 this title,
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22 g. a licensed marital and family therapist or licensed
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23 marital and family therapist candidate pursuant to
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1 Sections 1925.1 through 1925.18 of Title 59 of the
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2 Oklahoma Statutes this title, or
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3 h. a licensed behavioral practitioner or licensed
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4 behavioral practitioner candidate pursuant to Sections
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5 1930 through 1949.1 of Title 59 of the Oklahoma
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6 Statutes this title;
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7 4. "Certified assistant behavior analyst" means an individual
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8 who is certified by the nationally accredited Behavior Analyst
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9 Certification Board as a Board-Certified Assistant Behavior Analyst
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10 and certified by the Developmental Disabilities Services Division of
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11 the Department of Human Services;
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12 5. "Licensed behavior analyst" means an individual who is
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13 certified by the nationally accredited national Behavior Analyst
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14 Certification Board as a Board-Certified Board Certified Behavior
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15 Analyst and licensed by the Developmental Disabilities Services
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16 Division of the Department State Board of Osteopathic Examiners; and
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17 6. "Supervisee" means a person who acts under the extended
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18 authority of a licensed behavior analyst to provide applied behavior
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19 analysis services or a person who is in training to provide such
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20 services.
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21 B. Each person wishing to practice as a licensed behavior
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22 analyst or a certified assistant behavior analyst shall apply to the
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23 Developmental Disabilities Services Division of the Department of
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24 Human Services State Board of Osteopathic Examiners using a form and
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1 in a manner prescribed by the Division Board and shall furnish
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2 evidence satisfactory to the Division Board that such person:
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3 1. Is of good moral character;
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4 2. Is at least twenty-one (21) years of age;
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5 3. Has passed the Board applicable examination and is certified
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6 by the national Behavior Analyst Certification Board as a Board-
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7 Certified Board Certified Behavior Analyst or a Board-Certified
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8 Board Certified Assistant Behavior Analyst, as applicable;
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9 4. Has not had a professional license or certification refused,
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10 revoked, suspended, or restricted and does not have a complaint,
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11 allegation, or investigation pending in any regulatory jurisdiction
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12 in the United States or in another country for reasons that relate
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13 to unprofessional conduct unless the Division State Board of
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14 Osteopathic Examiners finds, to its satisfaction, that the conduct
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15 has been corrected or that mitigating circumstances exist that
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16 prevent its resolution; and
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17 5. Has at least the minimum graduate or undergraduate degree,
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18 appropriate for the level of certification, from an accredited
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19 institution of higher learning in a qualifying field of study, as
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20 determined by the national Behavior Analyst Certification Board.
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21 C. The State Board of Osteopathic Examiners shall have
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22 exclusive power and authority to determine the qualifications and
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23 fitness of all applicants for admission to practice as a licensed
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24 behavior analyst or certified assistant behavior analyst in this
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1 state. The Board shall require that each applicant submit to a
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2 national criminal history record check as defined in Section 150.9
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3 of Title 74 of the Oklahoma Statutes. The Board shall not
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4 disseminate criminal history record information resulting from the
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5 record check.
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6 D. A person holding a state license or state certification
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7 shall apply for renewal of the state license or state certification
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8 on or before April 30 of each odd-numbered year. The application
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9 shall be accompanied by a renewal fee to be set by the Division
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10 State Board of Osteopathic Examiners in accordance with paragraph 3
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11 of subsection F G of this section.
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12 D. E. A person licensed or certified by the Developmental
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13 Disabilities Services Division of the Department Board under this
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14 section shall:
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15 1. Maintain active status and fulfill all requirements for
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16 renewal of national certification or recertification with by the
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17 national Behavior Analyst Certification Board; and
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18 2. Conduct professional activities in accordance with accepted
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19 standards such as the Guidelines for Responsible Conduct and
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20 Professional Disciplinary Standards Ethics Code for Behavior
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21 Analysts of the national Behavior Analyst Certification Board.
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22 E. F. 1. No person shall claim the title of licensed behavior
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23 analyst or certified assistant behavior analyst unless that person
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24 meets the applicable requirements in this section. No person shall
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1 practice applied behavior analysis without obtaining a license or
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2 certification in accordance with this section. Supervisees may only
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3 provide applied behavior analysis under the supervision of a
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4 licensed behavior analyst. This section shall not restrict the
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5 practice of applied behavior analysis by human services
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6 professionals, provided such individuals are working within the
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7 scope of their professions and the practice of applied behavior
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8 analysis is commensurate with their level of training and
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9 experience.
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10 2. A violation of this subsection shall be punishable by a fine
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11 of not more than Five Hundred Dollars ($500.00), the suspension or
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12 revocation of a license licensure or certification issued pursuant
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13 to this section, or both such fine and loss of licensure or
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14 certification.
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15 F. G. The Division State Board of Osteopathic Examiners shall:
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16 1. Investigate all complaints relating to:
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17 a. the practice or supervision of applied behavior
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18 analysis by any person licensed by the Developmental
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19 Disabilities Services Division of the Department Board
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20 as a behavior analyst or certified by the Division
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21 Board as an assistant behavior analyst, or
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22 b. any person alleged to be practicing or providing
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23 supervision without a state license or state
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24 certification;
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1 2. Refer any substantiated complaints to the national Behavior
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2 Analyst Certification Board; and
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3 3. Charge reasonable fees for issuance or renewal of a license
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4 or for certification, not to exceed One Hundred Dollars ($100.00) in
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5 an amount sufficient to cover the cost and expense incurred by the
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6 State Board of Osteopathic Examiners for such issuance or renewal.
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7 G. H. 1. A person having a qualifying degree, as provided for
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8 in paragraph 5 of subsection B of this section, and participating in
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9 the applied behavior analysis treatment pilot project established in
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10 Section 3 of this act Section 1-280.2 of Title 63 of the Oklahoma
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11 Statutes shall be exempt from the requirements of this section while
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12 such person is actively participating in the project.
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13 2. Persons employed by a school district in this state who
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14 provide services solely to the school district under the Individuals
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15 with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et
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16 seq., shall be exempt from the requirements of this section.
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17 H. I. The Department State Board of Osteopathic Examiners shall
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18 promulgate rules to implement the provisions of this section.
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19 SECTION 2. This act shall become effective November 1, 2026.
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21 60-2-2988 DC 1/12/2026 6:12:51 PM
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Req. No. 2988 Page 8Every fact on this page links to its source, starting with the official bill record.