{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1928","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1928","heading":"Behavior analysts - Definitions - Licensing","body":"A. As used in this act:\n\n1. a. “Applied behavior analysis” means the design,\n\nimplementation, and evaluation of instructional and\n\nenvironmental modifications to produce socially\n\nsignificant improvements in human behavior through\n\nskill, acquisition, and the reduction of problematic\n\nbehavior. An applied behavior analysis program shall:\n\n(1) be based on empirical research including the\n\ndirect observation and measurement of behavior as\n\nwell as a functional behavior assessment, and\n\n(2) utilize antecedent stimuli, positive\n\nreinforcement, and other consequences to produce\n\nbehavior change.\n\nb. Applied behavior analysis does not include cognitive\n\ntherapies or psychological testing, neuropsychology,\n\npsychotherapy, sex therapy, psychoanalysis,\n\nhypnotherapy, and long-term counseling as treatment\n\nmodalities;\n\n2. “Board” means the nationally accredited Behavior Analyst\n\nCertification Board;\n\n3. “Human services professional” means an individual licensed\n\nor certified by the state as one of the following:\n\na. a licensed physical therapist or physical therapist\n\nassistant pursuant to Sections 887.1 through 887.18 of\n\nTitle 59 of the Oklahoma Statutes,\n\nb. an occupational therapist, occupational therapy\n\nassistant, or occupational therapy aide pursuant to\n\nSections 888.1 through 888.15 of Title 59 of the\n\nOklahoma Statutes,\n\nc. a licensed clinical social worker, licensed masters\n\nsocial worker, or social work associate pursuant to\n\nSections 1250 through 1273 of Title 59 of the Oklahoma\n\nStatutes,\n\nd. a psychologist or health service psychologist pursuant\n\nto Sections 1351 through 1376 of Title 59 of the\n\nOklahoma Statutes,\n\ne. a licensed speech pathologist, licensed audiologist,\n\nspeech-language pathologist or audiologist pursuant to\n\nSections 1601 through 1622 of Title 59 of the Oklahoma\n\nStatutes,\n\nf. a licensed professional counselor or licensed\n\nprofessional counselor candidate pursuant to Sections\n\n1901 through 1920 of Title 59 of the Oklahoma\n\nStatutes,\n\ng. a licensed marital and family therapist or licensed\n\nmarital and family therapist candidate pursuant to\n\nSections 1925.1 through 1925.18 of Title 59 of the\n\nOklahoma Statutes, or\n\nh. a licensed behavioral practitioner or licensed\n\nbehavioral practitioner candidate pursuant to Sections\n\n1930 through 1949.1 of Title 59 of the Oklahoma\n\nStatutes;\n\n4. “Certified assistant behavior analyst” means an individual\n\nwho is certified by the nationally accredited Behavior Analyst\n\nCertification Board as a Board-Certified Assistant Behavior Analyst\n\nand certified by the Developmental Disabilities Services Division of\n\nthe Department of Human Services;\n\n5. “Licensed behavior analyst” means an individual who is\n\ncertified by the nationally accredited Behavior Analyst\n\nCertification Board as a Board-Certified Behavior Analyst and\n\nlicensed by the Developmental Disabilities Services Division of the\n\nDepartment; and\n\n6. “Supervisee” means a person who acts under the extended\n\nauthority of a licensed behavior analyst to provide applied behavior\n\nanalysis services or a person who is in training to provide such\n\nservices.\n\nB. Each person wishing to practice as a licensed behavior\n\nanalyst or a certified assistant behavior analyst shall apply to the\n\nDevelopmental Disabilities Services Division of the Department of\n\nHuman Services using a form and in a manner prescribed by the\n\nDivision and shall furnish evidence satisfactory to the Division\n\nthat such person:\n\n1. Is of good moral character;\n\n2. Is at least twenty-one (21) years of age;\n\n3. Has passed the Board examination and is certified by the\n\nBoard as a Board-Certified Behavior Analyst or a Board-Certified\n\nAssistant Behavior Analyst, as applicable;\n\n4. Has not had a professional license or certification refused,\n\nrevoked, suspended, or restricted and does not have a complaint,\nn\n\nthat such person:\n\n1. Is of good moral character;\n\n2. Is at least twenty-one (21) years of age;\n\n3. Has passed the Board examination and is certified by the\n\nBoard as a Board-Certified Behavior Analyst or a Board-Certified\n\nAssistant Behavior Analyst, as applicable;\n\n4. Has not had a professional license or certification refused,\n\nrevoked, suspended, or restricted and does not have a complaint,\n\nallegation, or investigation pending in any regulatory jurisdiction\n\nin the United States or in another country for reasons that relate\n\nto unprofessional conduct unless the Division finds, to its\n\nsatisfaction, that the conduct has been corrected or that mitigating\n\ncircumstances exist that prevent its resolution; and\n\n5. Has at least the minimum graduate or undergraduate degree,\n\nappropriate for the level of certification, from an accredited\n\ninstitution of higher learning in a qualifying field of study, as\n\ndetermined by the Board.\n\nC. A person holding a state license or state certification\n\nshall apply for renewal of the state license or state certification\n\non or before April 30 of each odd-numbered year. The application\n\nshall be accompanied by a renewal fee to be set by the Division in\n\naccordance with paragraph 3 of subsection F of this section.\n\nD. A person licensed or certified by the Developmental\n\nDisabilities Services Division of the Department under this section\n\nshall:\n\n1. Maintain active status and fulfill all requirements for\n\nrenewal of national certification or recertification with the Board;\n\nand\n\n2. Conduct professional activities in accordance with accepted\n\nstandards such as the Guidelines for Responsible Conduct and\n\nProfessional Disciplinary Standards of the Board.\n\nE. 1. No person shall claim the title of licensed behavior\n\nanalyst or certified assistant behavior analyst unless that person\n\nmeets the applicable requirements in this section. No person shall\n\npractice applied behavior analysis without obtaining a license or\n\ncertification in accordance with this section. Supervisees may only\n\nprovide applied behavior analysis under the supervision of a\n\nlicensed behavior analyst. This section shall not restrict the\n\npractice of applied behavior analysis by human services\n\nprofessionals, provided such individuals are working within the\n\nscope of their professions and the practice of applied behavior\n\nanalysis is commensurate with their level of training and\n\nexperience.\n\n2. A violation of this subsection shall be punishable by a fine\n\nof not more than Five Hundred Dollars ($500.00), the suspension or\n\nrevocation of a license or certification issued pursuant to this\n\nsection, or both such fine and loss of licensure or certification.\n\nF. The Division shall:\n\n1. Investigate all complaints relating to:\n\na. the practice or supervision of applied behavior\n\nanalysis by any person licensed by the Developmental\n\nDisabilities Services Division of the Department as a\n\nbehavior analyst or certified by the Division as an\n\nassistant behavior analyst, or\n\nb. any person alleged to be practicing or providing\n\nsupervision without a state license or state\n\ncertification;\n\n2. Refer any substantiated complaints to the Board; and\n\n3. Charge reasonable fees for a license or for certification,\n\nnot to exceed One Hundred Dollars ($100.00).\n\nG. 1. A person having a qualifying degree, as provided for in\n\nparagraph 5 of subsection B of this section, and participating in\n\nthe applied behavior analysis treatment pilot project established in\n\nSection 3 of this act shall be exempt from the requirements of this\n\nsection while such person is actively participating in the project.\n\n2. Persons employed by a school district in this state who\n\nprovide services solely to the school district under the Individuals\n\nwith Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et\n\nseq., shall be exempt from the requirements of this section.\nin\n\nSection 3 of this act shall be exempt from the requirements of this\n\nsection while such person is actively participating in the project.\n\n2. Persons employed by a school district in this state who\n\nprovide services solely to the school district under the Individuals\n\nwith Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et\n\nseq., shall be exempt from the requirements of this section.\n\nH. The Department shall promulgate rules to implement the\n\nprovisions of this section.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ad331e3218465318fb9239153466a02644bdeb85b7c0d6b87e0a3c3a68d93db5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1925.9","next":"us-ok/okla.-stat.-tit.-59-59-1930"},"notice":"GroundRules: Original legal text. Not legal advice."}