CHAPTER 382a

BEHAVIOR ANALYSTS

Table of Contents

Sec. 20-185i. Behavior analysis. Behavior Analyst Certification Board. Licensed behavior analyst. Board certified assistant behavior analyst. Use of title.

Sec. 20-185j. Behavior analysts. Licensure requirements. Exceptions.

Sec. 20-185k. Behavior analysts. License applications. Renewals.

Sec. 20-185l. Behavior analysts. Licensure by endorsement. Requirements.

Sec. 20-185m. Behavior analysts. Disciplinary action by commissioner.

Secs. 20-185n to 20-185q. Reserved


Sec. 20-185i. Behavior analysis. Behavior Analyst Certification Board. Licensed behavior analyst. Board certified assistant behavior analyst. Use of title. (a) As used in this section and sections 10-76ii, 10-145t, 19a-14, sections 20-185j to 20-185m, inclusive, and section 20-413:

(1) “Behavior Analyst Certification Board” means the nonprofit corporation established to meet the professional credentialing needs of behavior analysts, governments and consumers of behavior analysis services and accredited by the National Council for Certifying Agencies in Washington, D.C., or any successor national accreditation organization;

(2) “Behavior analysis” means the design, implementation and evaluation of environmental modifications, using behavior stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior, but does not include: (A) Psychological testing, (B) neuropsychology, (C) cognitive therapy, (D) sex therapy, (E) psychoanalysis, (F) hypnotherapy, (G) cognitive behavioral therapy, (H) psychotherapy, or (I) long-term counseling as treatment modalities;

(3) “Behavior analyst” means a person who is licensed to practice behavior analysis under the provisions of section 20-185k or 20-185l; and

(4) “Assistant behavior analyst” means a person who has been certified as an assistant behavior analyst by the Behavior Analyst Certification Board to assist in the practice of behavior analysis under the supervision of a behavior analyst.

(b) No person, unless certified by the Behavior Analyst Certification Board as a board certified assistant behavior analyst, shall use in connection with his or her name or place of business: (1) The words “board certified assistant behavior analyst” or “certified assistant behavior analyst”, (2) the letters “BCABA”, or (3) any words, letters, abbreviations or insignia indicating or implying that he or she is a board certified assistant behavior analyst or in any way, orally, in writing, in print or by sign, directly or by implication, represent himself or herself as a board certified assistant behavior analyst. Any person who violates the provisions of this section shall be guilty of a class D felony. For the purposes of this section, each instance of contact or consultation with an individual which is in violation of any provision of this section shall constitute a separate offense.

(P.A. 11-228, S. 1; P.A. 13-258, S. 81; June Sp. Sess. P.A. 17-2, S. 188; P.A. 18-48, S. 9.)

History: P.A. 13-258 amended Subsec. (b) to change penalty from fine of not more than $500 or imprisonment of not more than 5 years to a class D felony; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to add references to Secs. 10-76ii, 10-145t, 19a-14, 19a-88(e)(1), 20-185j to 20-185m and 20-413, delete former Subdiv. (2) re definition of “Board certified behavior analyst (BCBA)”, delete former Subdiv. (3) re definition of “Board certified assistant behavior analyst (BCABA)”, add new Subdiv. (2) re definition of “behavior analysis”, add new Subdiv. (3) re definition of “behavior analyst”, and add Subdiv. (4) re definition of “assistant behavior analyst”, amended Subsec. (b) to delete references to board certified behavior analyst and certified behavior analyst, and made conforming changes, effective July 1, 2018; P.A. 18-48 amended Subsec. (a) by deleting “subdivision (1) of subsection (e) of section 19a-88”, effective July 1, 2018.

Sec. 20-185j. Behavior analysts. Licensure requirements. Exceptions. (a) No person may practice behavior analysis unless licensed pursuant to section 20-185k or 20-185l.

(b) No person may use the title “behavior analyst” or make use of any title, words, letters or abbreviations that may reasonably be confused with licensure as a behavior analyst unless such person is licensed pursuant to section 20-185k or 20-185l.

(c) The provisions of this section shall not apply to a person who (1) provides behavior analysis or assists in the practice of behavior analysis while acting within the scope of practice of the person's license or certification and training, provided the person does not hold himself or herself out to the public as a behavior analyst, (2) is a student enrolled in a behavior analysis educational program accredited by the Behavior Analyst Certification Board, or a graduate education program in which behavior analysis is an integral part of the student's course of study and such student is performing such behavior analysis or assisting in behavior analysis under the direct supervision of a behavior analyst, (3) is an instructor in a course approved by the Behavior Analyst Certification Board, (4) is an assistant behavior analyst working under the supervision of a behavior analyst in accordance with the standards established by the Behavior Analyst Certification Board, (5) implements an intervention based on behavior analysis under the supervision of a behavior analyst, or (6) is a family member, guardian or caretaker implementing a behavior analysis treatment plan under the direction of a behavior analyst.

(June Sp. Sess. P.A. 17-2, S. 189.)

History: June Sp. Sess. P.A. 17-2 effective July 1, 2018 (Revisor's Note: Pursuant to June Sp. Sess. P.A. 17-2, S. 57, in Subsec. (a), references to Secs. 10-241b and 10-158a(a) were changed editorially by the Revisors to Secs. 20-185k and 20-185l for accuracy).

Sec. 20-185k. Behavior analysts. License applications. Renewals. (a) The Commissioner of Public Health shall grant a license as a behavior analyst to any applicant who furnishes evidence satisfactory to the commissioner that such applicant is certified as a behavior analyst by the Behavior Analyst Certification Board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifty dollars.

(b) A license issued under this section may be renewed annually. The license shall be renewed in accordance with the provisions of section 19a-88, for a fee of one hundred seventy-five dollars. Each behavior analyst applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the Behavior Analyst Certification Board.

(June Sp. Sess. P.A. 17-2, S. 190.)

History: June Sp. Sess. P.A. 17-2 effective July 1, 2018.

Sec. 20-185l. Behavior analysts. Licensure by endorsement. Requirements. A person, who is not eligible for licensure under section 20-185k, may apply for licensure by endorsement as a behavior analyst. Such applicant shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a behavior analyst, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending.

(June Sp. Sess. P.A. 17-2, S. 191.)

History: June Sp. Sess. P.A. 17-2 effective July 1, 2018.

Sec. 20-185m. Behavior analysts. Disciplinary action by commissioner. The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 against a behavior analyst for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice behavior analysis; (4) fraud or deceit in the practice of behavior analysis; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to behavior analysis. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17.

(June Sp. Sess. P.A. 17-2, S. 193.)

History: June Sp. Sess. P.A. 17-2 effective July 1, 2018.

Secs. 20-185n to 20-185q. Reserved for future use.