State legislation: Massachusetts - HB 181 & S. 47 would license practitioners of applied behavior analysis

The General Court of the State of Massachusetts is currently entertaining two licensing measures which would regulate practitioners and the practice of applied behavior analysis within the state.

H.B. 181 and S.B. 47, would impose criminal penalties on anyone practicing ABA without a license. These bills establish two levels of practitioner, at the doctorate and master’s levels, and define the scope of practice of ABA to include conducting ABA-based therapy, as well as planning and supervision services. Bill Histories show that both H.B.181 and S.47 are currently in the Joint Committee on Consumer Protection and Professional Licensure

H.B. 181: An Act relative to the licensure of applied behavior analysts.
and
S. 47: An Act relative to the licensure of applied behavior analysts.

would create the professional titles of,

• “Licensed Independent Applied Behavior Analyst (LIABA)”, an individual who by training and experience meets the requirements for licensing by the board and is duly licensed to practice independent applied behavior analysis., and

• "Licensed Applied Behavior Analyst (LABA)", an individual who by training and experience meets the requirements for licensing by the board and is duly licensed to practice applied behavior analysis.

as well as create a nine member separate professional licensing board - seven members to be drawn from the Licensed Applied Behavior Analysts of both levels and two members would be selected as representatives of the public.

Both bills describe in some detail the proposed operations, powers and duties of the licensing board, defines the scope of practice of applied behavior analysis, the qualifications and requirements of those applying for a license - which initially includes receipt of certification by the Behavior Analyst Certification Board, supervision competencies, responsibility to clients and colleagues, safeguards and penalties.

The bills state that the measures would not prevent specified members of other professions from doing work of an applied behavior analytic nature consistent with standards of their professions, but that they cannot present themselves to the public implying that they are applied behavior analysts or are licensed to practice applied behavior analysis.

In relation to special education the Massachusetts Department of Education would develop standards and implement policy necessary to include the profession of applied behavior analysis as a "related service provider".

For more information
General Court of the Commonwealth of Massachusetts

© 2010 Regina G. Claypool-Frey
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