Okla. Stat. tit. 59, § 59-1928

A. As used in this act:

1. a. “Applied behavior analysis” means the design,

implementation, and evaluation of instructional and

environmental modifications to produce socially

significant improvements in human behavior through

skill, acquisition, and the reduction of problematic

behavior. An applied behavior analysis program shall:

(1) be based on empirical research including the

direct observation and measurement of behavior as

well as a functional behavior assessment, and

(2) utilize antecedent stimuli, positive

reinforcement, and other consequences to produce

behavior change.

b. Applied behavior analysis does not include cognitive

therapies or psychological testing, neuropsychology,

psychotherapy, sex therapy, psychoanalysis,

hypnotherapy, and long-term counseling as treatment

modalities;

2. “Board” means the nationally accredited Behavior Analyst

Certification Board;

3. “Human services professional” means an individual licensed

or certified by the state as one of the following:

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a. a licensed physical therapist or physical therapist

assistant pursuant to Sections 887.1 through 887.18 of

Title 59 of the Oklahoma Statutes,

b. an occupational therapist, occupational therapy

assistant, or occupational therapy aide pursuant to

Sections 888.1 through 888.15 of Title 59 of the

Oklahoma Statutes,

c. a licensed clinical social worker, licensed masters

social worker, or social work associate pursuant to

Sections 1250 through 1273 of Title 59 of the Oklahoma

Statutes,

d. a psychologist or health service psychologist pursuant

to Sections 1351 through 1376 of Title 59 of the

Oklahoma Statutes,

e. a licensed speech pathologist, licensed audiologist,

speech-language pathologist or audiologist pursuant to

Sections 1601 through 1622 of Title 59 of the Oklahoma

Statutes,

f. a licensed professional counselor or licensed

professional counselor candidate pursuant to Sections

1901 through 1920 of Title 59 of the Oklahoma

Statutes,

g. a licensed marital and family therapist or licensed

marital and family therapist candidate pursuant to

Sections 1925.1 through 1925.18 of Title 59 of the

Oklahoma Statutes, or

h. a licensed behavioral practitioner or licensed

behavioral practitioner candidate pursuant to Sections

1930 through 1949.1 of Title 59 of the Oklahoma

Statutes;

4. “Certified assistant behavior analyst” means an individual

who is certified by the nationally accredited Behavior Analyst

Certification Board as a Board-Certified Assistant Behavior Analyst

and certified by the Developmental Disabilities Services Division of

the Department of Human Services;

5. “Licensed behavior analyst” means an individual who is

certified by the nationally accredited Behavior Analyst

Certification Board as a Board-Certified Behavior Analyst and

licensed by the Developmental Disabilities Services Division of the

Department; and

6. “Supervisee” means a person who acts under the extended

authority of a licensed behavior analyst to provide applied behavior

analysis services or a person who is in training to provide such

services.

B. Each person wishing to practice as a licensed behavior

analyst or a certified assistant behavior analyst shall apply to the

Developmental Disabilities Services Division of the Department of

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Human Services using a form and in a manner prescribed by the

Division and shall furnish evidence satisfactory to the Division

that such person:

1. Is of good moral character;

2. Is at least twenty-one (21) years of age;

3. Has passed the Board examination and is certified by the

Board as a Board-Certified Behavior Analyst or a Board-Certified

Assistant Behavior Analyst, as applicable;

4. Has not had a professional license or certification refused,

revoked, suspended, or restricted and does not have a complaint,
n

that such person:

1. Is of good moral character;

2. Is at least twenty-one (21) years of age;

3. Has passed the Board examination and is certified by the

Board as a Board-Certified Behavior Analyst or a Board-Certified

Assistant Behavior Analyst, as applicable;

4. Has not had a professional license or certification refused,

revoked, suspended, or restricted and does not have a complaint,

allegation, or investigation pending in any regulatory jurisdiction

in the United States or in another country for reasons that relate

to unprofessional conduct unless the Division finds, to its

satisfaction, that the conduct has been corrected or that mitigating

circumstances exist that prevent its resolution; and

5. Has at least the minimum graduate or undergraduate degree,

appropriate for the level of certification, from an accredited

institution of higher learning in a qualifying field of study, as

determined by the Board.

C. A person holding a state license or state certification

shall apply for renewal of the state license or state certification

on or before April 30 of each odd-numbered year. The application

shall be accompanied by a renewal fee to be set by the Division in

accordance with paragraph 3 of subsection F of this section.

D. A person licensed or certified by the Developmental

Disabilities Services Division of the Department under this section

shall:

1. Maintain active status and fulfill all requirements for

renewal of national certification or recertification with the Board;

and

2. Conduct professional activities in accordance with accepted

standards such as the Guidelines for Responsible Conduct and

Professional Disciplinary Standards of the Board.

E. 1. No person shall claim the title of licensed behavior

analyst or certified assistant behavior analyst unless that person

meets the applicable requirements in this section. No person shall

practice applied behavior analysis without obtaining a license or

certification in accordance with this section. Supervisees may only

provide applied behavior analysis under the supervision of a

licensed behavior analyst. This section shall not restrict the

practice of applied behavior analysis by human services

professionals, provided such individuals are working within the

scope of their professions and the practice of applied behavior

analysis is commensurate with their level of training and

experience.

2. A violation of this subsection shall be punishable by a fine

of not more than Five Hundred Dollars ($500.00), the suspension or

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revocation of a license or certification issued pursuant to this

section, or both such fine and loss of licensure or certification.

F. The Division shall:

1. Investigate all complaints relating to:

a. the practice or supervision of applied behavior

analysis by any person licensed by the Developmental

Disabilities Services Division of the Department as a

behavior analyst or certified by the Division as an

assistant behavior analyst, or

b. any person alleged to be practicing or providing

supervision without a state license or state

certification;

2. Refer any substantiated complaints to the Board; and

3. Charge reasonable fees for a license or for certification,

not to exceed One Hundred Dollars ($100.00).

G. 1. A person having a qualifying degree, as provided for in

paragraph 5 of subsection B of this section, and participating in

the applied behavior analysis treatment pilot project established in

Section 3 of this act shall be exempt from the requirements of this

section while such person is actively participating in the project.

2. Persons employed by a school district in this state who

provide services solely to the school district under the Individuals

with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et

seq., shall be exempt from the requirements of this section.
in

Section 3 of this act shall be exempt from the requirements of this

section while such person is actively participating in the project.

2. Persons employed by a school district in this state who

provide services solely to the school district under the Individuals

with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et

seq., shall be exempt from the requirements of this section.

H. The Department shall promulgate rules to implement the

provisions of this section.