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Subchapter 001: GENERAL PROVISIONS
§ 4901. Purpose and effect
In order to safeguard the life and health of the people of this State, a person shall
not hold himself or herself out as practicing, practice, or offer to practice, as
an applied behavior analyst or an assistant behavior analyst unless currently licensed
under this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4902. Definitions
As used in this chapter:
(1) “Applied behavior analyst” means a person who is licensed under this chapter to engage
in the practice of applied behavior analysis.
(2) “Assistant behavior analyst” means a person who is licensed under this chapter to
engage in the practice of applied behavior analysis under the supervision of an applied
behavior analyst.
(3) “Director” means the Director of the Office of Professional Regulation.
(4) “License” means a current authorization granted by the Director permitting the practice
of applied behavior analysis.
(5) “Practice of applied behavior analysis” means the design, implementation, and evaluation
of systematic instructional and environmental modifications for the purpose of producing
socially significant improvements in and understanding of behavior based on the principles
of behavior identified through the experimental analysis of behavior.
(A) It includes the identification of functional relationships between behavior and environments.
(B) It uses direct observation and measurement of behavior and environment. Contextual
factors, establishing operations, antecedent stimuli, positive reinforcers, and other
consequences are used, based on identified functional relationships with the environment,
in order to produce practical behavior change. (Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2015, No. 97 (Adj. Sess.), § 86.)
§ 4903. Prohibitions; offenses
(a) It shall be a violation of this chapter for any person, including any corporation,
association, or individual, to:
(1) sell or fraudulently obtain or furnish any applied behavior analysis degree, diploma,
certificate of registration, license, or any other related document or record or to
aid or abet another person to do so;
(2) practice applied behavior analysis under cover of any degree, diploma, registration,
license, or related document or record illegally or fraudulently obtained or signed
or issued unlawfully or under fraudulent representation;
(3) practice applied behavior analysis unless currently licensed or otherwise authorized
to do so under the provisions of this chapter;
(4) represent himself or herself as being licensed or otherwise authorized by this State
to practice applied behavior analysis or use in connection with a name any words,
letters, signs, or figures that imply that a person is an applied behavior analyst
or assistant behavior analyst when not licensed or otherwise authorized under this
chapter;
(5) practice applied behavior analysis during the time a license or authorization issued
under this chapter is suspended or revoked; or
(6) employ an unlicensed or unauthorized person to practice as an applied behavior analyst
or assistant behavior analyst.
(b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4904. Exceptions
This chapter does not prohibit:
(1) The practice of a person who is not licensed under this chapter, who does not use
the term “behavior analysis” or similar descriptors suggesting licensure under this
chapter, and who is engaged in the course of his or her customary duties:
(A) in the practice of a religious ministry;
(B) in employment or rehabilitation counseling;
(C) as an employee of or under contract with the Agency of Human Services;
(D) as a mediator;
(E) in an official evaluation for court purposes;
(F) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or
domestic violence groups, whether or not for consideration;
(G) as a respite caregiver, foster care worker, or hospice worker; or
(H) incident to the practice of any other legally recognized profession or occupation.
(2) A person engaged or acting in the discharge of his or her duties as a student of applied
behavior analysis or preparing for the practice of applied behavior analysis, provided
that the person’s title indicates his or her training status and that the preparation
occurs under the supervision of an applied behavior analyst in a recognized training
institution or facility.
(3) A behavior interventionist or paraprofessional, employed by a school, from working
under the close direction of a supervisor licensed under this chapter, in relation
to the direct implementation of skill-acquisition and behavior-modification plans
developed by the supervisor or in relation to data collection or assessment designed
by the supervisor, provided the supervisor retains ultimate responsibility for delegating
professional responsibilities in a manner consistent with 3 V.S.A. § 129a(a)(6). (Added 2015, No. 38, § 46, eff. July 1, 2016.)
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Subchapter 003: LICENSES
§ 4921. Eligibility for licensure by examination as an applied behavior analyst
To be eligible for licensure as an applied behavior analyst, an applicant shall:
(1) Obtain a doctoral or master’s degree from a recognized educational program accredited
by the Association for Behavior Analysis International Accreditation Board, or from
a program at a recognized educational institution that is approved by the Director
and that substantially meets the educational standards of the Association for Behavior
Analysis International Accreditation Board or the Behavior Analysis Certification
Board. Any program shall include an approved course sequence of the Behavior Analyst
Certification Board.
(2) Successfully complete an approved practicum or supervised experience in the practice
of applied behavior analysis, totaling at least 1,500 hours over a period of not less
than one calendar year, of which at least 75 hours are in direct one-to-one contact
with a supervisor.
(3) Successfully complete, as defined by the Director, a nationally recognized examination
adopted from the Behavior Analyst Certification Board and approved by the Director,
related to the principles and practice of applied behavior analysis. This subdivision
(3) shall not be construed to require the Director to develop or administer any examination. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4922. Eligibility for licensure by examination as an assistant behavior analyst
To be eligible for licensure as an assistant behavior analyst, an applicant shall:
(1) Obtain a bachelor’s degree from a program at a recognized educational institution
that is approved by the Director and that substantially meets the educational standards
of the Association for Behavior Analysis International Accreditation Board or the
Behavior Analysis Certification Board. Any program shall include an approved course
sequence of the Behavior Analyst Certification Board.
(2) Successfully complete an approved practicum or supervised experience in the practice
of applied behavior analysis, totaling at least 1,000 hours over a period of not less
than one calendar year, of which at least 50 hours are in direct one-to-one contact
with a supervisor.
(3) Successfully complete, as defined by the Director, a nationally recognized examination
adopted from the Behavior Analyst Certification Board and approved by the Director,
related to the principles and practice of applied behavior analysis. This subdivision
(3) shall not be construed to require the Director to develop or administer any examination. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4923. Licensure by endorsement
A person may be licensed under this chapter if he or she:
(1)(A) possesses a valid registration or license to engage in the practice of applied behavior
analysis issued by the appropriate regulatory authority of a state, territory, or
possession of the United States, or the District of Columbia, based on requirements
and qualifications shown by the application to be equal to or greater than the requirements
of this chapter; or
(B) is certified as a board certified behavior analyst by the Behavior Analyst Certification
Board; and
(2) meets any active practice requirements established by the Director by rule. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4924. Issuance of licenses
The Director shall issue a license, upon payment of the fees prescribed in this chapter,
to any applicant who has satisfactorily met all the requirements of this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4925. Renewals
(a) Licenses shall be renewed every two years, on a schedule determined by the Director,
upon payment of the renewal fee.
(b) Biennially, the Director shall provide notice to each licensee of license expiration
and renewal requirements. Upon receipt of a complete and satisfactory renewal application
and fee, the Director shall issue a new license.
(c) As a condition of renewal, the Director may by rule require that a licensee establish
that the licensee has completed continuing education.
(1) The Director may accept proof of current certification from the Behavior Analyst Certification
Board as evidence of continuing competency if the Director finds that the maintenance
of such certification implies appropriate continuing education consistent with this
subsection and Board rule.
(2) Synchronous virtual continuing education credits shall be approvable and accepted
as live in-person training. Continuing education requirements shall include requiring
one or more continuing education units in the area of systematic oppression and anti-oppressive
practice, or in related topic areas, consistent with the report recommendations from
the Health Equity Advisory Commission required pursuant to 2021 Acts and Resolves
No. 33, Sec. 5 for improving cultural competency, cultural humility, and antiracism
in Vermont’s health care system.
(3) If the licensee is licensed in one or more other mental health professions under this
title, continuing education units completed for one mental health profession shall
count toward the required continuing education units for the other mental health profession
or professions for which the licensee is licensed under this title.
(d) [Repealed.] (Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2019, No. 30, § 25; 2021, No. 117 (Adj. Sess.), § 7, eff. July 1, 2023.)
§ 4926. License and renewal fees
Applicants and persons regulated under this chapter shall pay those fees set forth
in 3 V.S.A. § 125(b). (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4927. Applications
The Director shall promulgate applications for licensure and license renewal. Each
application shall contain a statement under oath showing the applicant’s education,
experience, and other pertinent information and shall be accompanied by the required
fee. (Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2019, No. 30, § 25.)
§ 4928. Scope of practice of applied behavior analysts
(a) A person licensed under this chapter shall only engage in the practice of applied
behavior analysis upon, and within the scope of, a referral from a licensed health
professional or school official duly authorized to make such a referral.
(b) The practice of applied behavior analysis shall not include psychological testing,
neuropsychology, diagnosis of mental health or developmental conditions, psychotherapy,
cognitive therapy, sex therapy, psychoanalysis, psychopharmacological recommendations,
hypnotherapy, or academic teaching by college or university faculty. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4929. Supervision of assistant behavior analysts
An assistant behavior analyst shall only engage in the practice of applied behavior
analysis if he or she has a minimum of five hours per month of off-site case supervision
by an applied behavior analyst. A supervising applied behavior analyst may require
that his or her supervision of an assistant behavior analyst exceed the minimum requirements
of this section, including the requirement that the supervision be on-site. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4930. Disclosure of information
The Director may adopt rules requiring a person licensed under this chapter to disclose
the licensee’s professional qualifications and experience, those actions that constitute
unprofessional conduct, and the method for filing a complaint or making a consumer
inquiry, and the manner in which that information shall be made available and to whom. (Added 2015, No. 38, § 46, eff. July 1, 2016.)
§ 4931. Unprofessional conduct
(a) Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a, committed by a licensee, an applicant, or a person who later becomes an applicant:
(1) making or causing to be made a false, fraudulent, or forged statement or representation
in procuring or attempting to procure licensure or renew a license to practice under
this chapter;
(2) using dishonest or misleading advertising;
(3) misusing a title in professional activity;
(4) engaging in any sexual conduct with a client, or with the immediate family member
of a client, with whom the licensee has had a professional relationship within the
previous five years;
(5) harassing, intimidating, or abusing a client;
(6) entering into an additional relationship with a client, supervisee, research participant,
or student that might impair the person’s objectivity or otherwise interfere with
a licensee’s obligations;
(7) practicing outside or beyond a licensee’s area of training, experience, or competence;
(8) being or having been convicted of a misdemeanor related to the practice of applied
behavior analysis or a felony;
(9) being unable to practice applied behavior analysis competently by reason of any cause;
(10) willfully or repeatedly violating any of the provisions of this chapter;
(11) being habitually intemperate or addicted to the use of habit-forming drugs;
(12) having a mental, emotional, or physical disability, the nature of which interferes
with the ability to practice applied behavior analysis competently;
(13) engaging in conduct of a character likely to deceive, defraud, or harm the public,
including exposing clients to unjustifiably degrading or cruel interventions or implementing
therapies not supported by a competent clinical rationale; or
(14) failing to notify the Director in writing within ten days of the loss, revocation,
discontinuation, or invalidation of any certification or degree offered to support
eligibility for licensure or to demonstrate continuing competency.
(b) A person shall not be liable in a civil action for damages resulting from the good
faith reporting of information to the Director or the Office of Professional Regulation
about alleged incompetent, unprofessional, or unlawful conduct of a person licensed
under this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)