                                 CODE OF VIRGINIA

LICENSURE OF BEHAVIOR ANALYSTS AND ASSISTANT BEHAVIOR ANALYSTS; REQUIREMENTS;
POWERS OF THE BOARD (§ 54.1-2957.16)

A. It is unlawful for any person to practice or to hold himself out as
practicing as a behavior analyst or to use the title &#8220;Licensed Behavior
Analyst&#8221; unless he holds a license as a behavior analyst issued by the
Board. It is unlawful for any person to practice or to hold himself out as
practicing as an assistant behavior analyst or to use the title &#8220;Licensed
Assistant Behavior Analyst&#8221; unless he holds a license as an assistant
behavior analyst issued by the Board. The Board shall issue licenses to practice
as a behavior analyst or an assistant behavior analyst to applicants for
licensure who meet the requirements of this chapter and the Board&#8217;s
regulations.

B. The Board shall establish criteria for licensure as a behavior analyst, which
shall include, but not be limited to, the following:

   1. Documentation that the applicant is currently certified as a Board
   Certified Behavior Analyst by the Behavior Analyst Certification Board or its
   successor;

   2. Documentation that the applicant conducts his professional practice in
   accordance with the Behavior Analyst Certification Board ethics code for
   behavior analysts and any other accepted professional and ethical standards
   the Board deems necessary; and

   3. Documentation that the applicant for licensure has not had his license or
   certification as a behavior analyst or as an assistant behavior analyst
   suspended or revoked and is not the subject of any disciplinary proceedings by
   the certifying board or in another jurisdiction.

C. The Board shall establish criteria for licensure as an assistant behavior
analyst, which shall include, but not be limited to, the following:

   1. Documentation that the applicant is currently certified as a Board
   Certified Assistant Behavior Analyst by the Behavior Analyst Certification
   Board or its successor;

   2. Documentation that the applicant conducts his professional practice in
   accordance with the Behavior Analyst Certification Board ethics code for
   behavior analysts and any other accepted professional and ethical standards
   the Board deems necessary;

   3. Documentation that the applicant for licensure has not had his license or
   certification as an assistant behavior analyst suspended or revoked and is not
   the subject of any disciplinary proceedings by the certifying board or in
   another jurisdiction; and

   4. Documentation that the applicant&#8217;s work is supervised by a licensed
   behavior analyst in accordance with the supervision requirements and
   procedures established by the Board.

D. The Board shall promulgate such regulations as may be necessary to implement
the provisions of this chapter related to (i) application for and issuance of
licenses to behavior analysts or assistant behavior analysts, (ii) requirements
for licensure as a behavior analyst or an assistant behavior analyst, (iii)
standards of practice for licensed behavior analysts or licensed assistant
behavior analysts, (iv) requirements and procedures for the supervision of a
licensed assistant behavior analyst by a licensed behavior analyst, and (v)
requirements and procedures for supervision by licensed behavior analysts and
licensed assistant behavior analysts of unlicensed individuals who assist in the
provision of applied behavior analysis services.

E. The Board shall establish a fee, determined in accordance with methods used
to establish fees for other health professionals licensed by the Board of
Medicine, to be paid by all applicants for licensure as a behavior analyst or
assistant behavior analyst.

HISTORY: 2012, c. 3; 2023, cc. 693, 694.