The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 095: Applied Behavior Analysis

• 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.)

• Subchapter 002: Administration

• § 4911. Duties of the Director

  (a) The Director shall:

  (1) provide general information to applicants for licensure under this chapter;

  (2) receive applications for licensure and provide licenses to applicants qualified under this chapter;

  (3) administer fees as established by law;

  (4) refer all disciplinary matters to an administrative law officer;

  (5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

  (6) explain appeal procedures to persons licensed under this chapter and to applicants and complaint procedures to the public.

  (b) The Director may adopt rules necessary to perform his or her duties under this section. (Added 2015, No. 38, § 46, eff. July 1, 2016.)

• § 4912. Advisor appointees

  (a) The Secretary of State shall appoint three persons in accordance with 3 V.S.A. § 129b for three-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to applied behavior analysis. One of the initial appointments shall be for less than a three-year term.

  (1) Two of these appointees shall be applied behavior analysts.

  (A) An applied behavior analyst advisor appointee shall have not less than three years’ experience as an applied behavior analyst immediately preceding appointment, shall be licensed as an applied behavior analyst in Vermont, and shall be actively engaged in the practice of applied behavior analysis in this State during incumbency.

  (B) Not more than one of these appointees may be employed by a designated agency. As used in this subdivision, “designated agency” shall have the same meaning as in 18 V.S.A. § 7252.

  (2) One of these appointees shall be the parent of an individual with autism or a developmental disorder who is a recipient of applied behavior analysis services. This appointee shall not have a child or other family member who is receiving applied behavior analysis services from one of the advisor appointees appointed under subdivision (1) of this subsection.

  (b) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter. (Added 2015, No. 38, § 46, eff. July 1, 2016.)

• 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.)