The Vermont Statutes Online

Title 26 : Professions and Occupations

Chapter 095 : Applied Behavior Analysis

Subchapter 001 : GENERAL PROVISIONS

• § 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.)