To Create The Arkansas Behavior Analyst Registration Act.
Summary
HB1245 creates the Arkansas Behavior Analyst Registration Act and establishes a state registration framework for behavior analysts practicing independently in Arkansas. The bill defines “registered behavior analyst,” prohibits anyone from holding themselves out as such without registration, and sets penalties for unauthorized practice. It also authorizes temporary registration for out-of-state practitioners and provides for reciprocal registration for qualified applicants from other jurisdictions.
To register, an applicant must apply to the Arkansas Psychology Board, pay a fee capped at $200, pass a criminal background check, and hold current certification from the Behavior Analyst Certification Board as a board certified behavior analyst or board certified behavior analyst-doctoral. Renewals are every two years, with a renewal fee capped at $150 and proof of current certification. The bill does not require additional state-mandated training or continuing education beyond existing certification requirements. It also allows the Psychology Board to adopt rules and to incorporate the Behavior Analyst Certification Board’s ethics code as of January 1, 2025.
Impact
The bill adds a new subchapter to Title 17 governing behavior analysts and expands the Arkansas Psychology Board’s authority to regulate, register, and discipline practitioners in this field. It creates new statutory penalties for unregistered practice, authorizes administrative sanctions for registered analysts who violate the subchapter, and requires the board to verify credentials for initial, temporary, and reciprocal registration. The bill also amends the composition of the Arkansas Psychology Board so that at least one appointed member has behavior analysis experience or certification.
Sentiment
The voting history suggests generally strong support for the bill, with comfortable majorities in both chambers and concurrence on multiple Senate amendments. No committee transcript was provided, so there is no recorded debate to indicate broad opposition or detailed floor concerns. Overall, the bill appears to have been viewed as a professional licensing and consumer-protection measure with bipartisan acceptance.
Contention
The main points of potential contention are the creation of a new regulatory regime, the requirement that practitioners obtain state registration in addition to national certification, and the enforcement penalties for unauthorized practice. Some stakeholders could also focus on the Arkansas Psychology Board’s authority to adopt rules and ethics standards, as well as whether the bill creates unnecessary administrative burdens for already certified behavior analysts. The inclusion of temporary and reciprocal registration appears designed to reduce barriers for out-of-state practitioners, which may have helped limit opposition.
To Create The Arkansas Behavior Analyst Registration Act; And To Include Qualified Behavior Analysts Under The Arkansas Behavior Analyst Registration Act.
Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school, a public institution of higher education, a prescription drug manufacturer, a research entity, or another person; creating criminal offenses; imposing civil penalties.