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SB113 ENROLLED
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SB113
CXCA4QQ-3
By Senator Elliott
RFD: Fiscal Responsibility and Economic Development
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to the Alabama Sunset Law; to continue the
existence and functioning of the Alabama Behavior Analyst
Licensing Board operating within the Department of Mental
Health in collaboration with the Department of Rehabilitation
Services, with certain modifications; to amend Sections
34-5A-1, 34-5A-2, 34-5A-3, 34-5A-4, 34-5A-5, 34-5A-6, and
34-5A-7, Code of Alabama 1975, to rename the board as the
Alabama Behavior Analyst Advisory Council; to provide the
Department of Mental Health with regulatory authority over
licensed behavior analysts and licensed assistant behavior
analysts practicing behavior analysis under the former board;
to require the advisory council to advise the department on
matters relating to the practice of behavior analysis; to
provide for the duties of the department and the Mental Health
Commissioner relating to the advisory council; to require the
department to provide all necessary administrative services
for the advisory council; to transfer all property of the
advisory council to the department; and to repeal Section
34-5A-8, Code of Alabama 1975, to remove the former board from
review by the Sunset Committee.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the Alabama
Behavior Analyst Licensing Board operating within the
Department of Mental Health with the additional
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Department of Mental Health with the additional
recommendations for statutory change as set out in Sections 3
and 4.
Section 2. The existence and functioning of the Alabama
Behavior Analyst Licensing Board, created and functioning
pursuant to Sections 34-5A-1 to 34-5A-7, inclusive, Code of
Alabama 1975, is continued, and those code sections are
expressly preserved.
Section 3. Sections 34-5A-1, 34-5A-2, 34-5A-3, 34-5A-4,
34-5A-5, 34-5A-6, and 34-5A-7 of the Code of Alabama 1975, are
amended to read as follows:
"§34-5A-1
For the purposes of this chapter, the following terms
shall have the following meanings:
(1) ADVISORY COUNCIL. The Alabama Behavior Analyst
Advisory Council created by this chapter.
(1)(2) APPLIED BEHAVIOR ANALYSIS DIRECT CONTACT
TECHNICIAN. An individual who directly implements applied
behavior analysis services.
(2) BOARD. The Alabama Behavior Analyst Licensing Board
charged with overseeing the regulation of behavior analyst
professionals.
(3) AUTISM. Autism Spectrum Disorder is a neurological
and developmental disorder that affects how people interact
with others, communicate, learn, and behave.
(3)(4) CERTIFYING ENTITY. The nationally accredited
Behavior Analyst Certification Board, Incorporated.
(5) DEPARTMENT. The Department of Mental Health.
(6) DRS. The Department of Rehabilitation Services.
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(6) DRS. The Department of Rehabilitation Services.
(4)(7) LICENSED ASSISTANT BEHAVIOR ANALYST. An
individual who is certified by the certifying entity as a
national board certified assistant behavior analyst and who
satisfies the criteria identified in Section 34-5A-4.
(5)(8) LICENSED BEHAVIOR ANALYST. An individual who is
certified by the certifying entity as a national board
certified behavior analyst and who satisfies the criteria
identified in Section 34-5A-4.
(9) MENTAL HEALTH COMMISSIONER. The executive officer
of the Department of Mental Health.
(6)(10) PRACTICE OF BEHAVIOR ANALYSIS. The design,
implementation, and evaluation of instructional and
environmental modifications to produce socially significant
improvements in human behavior.
a. The practice of behavior analysis includes all of
the following:
1. The empirical identification of functional relations
between behavior and environmental factors, known as
functional assessment and analysis.
2. Interventions based on scientific research and the
direct observation and measurement of behavior and
environment, which utilize contextual factors, establishing
operations, antecedent stimuli, positive reinforcement, and
other consequences to help individuals develop new behaviors,
increase or decrease existing behaviors, and elicit behaviors
under specific environmental conditions.
b. The practice of behavior analysis does not include
psychological testing, psychotherapy, cognitive therapy, sex
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psychological testing, psychotherapy, cognitive therapy, sex
therapy, psychoanalysis or hypnotherapy, or long-term
counseling as treatment modalities.
c. The practice of behavior analysis does not include
preventing or alleviating or curing of diseases or injuries.
d. Nothing in this chapter shall be construed as
permitting or allowing a licensed behavior analyst to
prescribe or administer any drug, make a medical diagnosis,
provide medical treatment, or manage a medical condition. A
licensed behavior analyst may not attempt to diagnose,
prescribe for, treat, or advise a client with reference to any
problem, complaint, or condition falling outside the
boundaries of behavior analysis."
"§34-5A-2
(a) The unlicensed practice of behavior analysis is
prohibited in this state, unless exempted in subsection (c).
(b) No person individual shall hold himself or herself
out to be a licensed behavior analyst or licensed assistant
behavior analyst unless he or she satisfies the applicable
requirements of this chapter.
(c) This chapter may not be construed as prohibiting or
restricting the practice of any of the following:
(1) An individual authorized to practice psychology
within the state.
(2) An applied behavior analysis direct contact
technician, or family member implementing a behavior analysis
plan within the home or other environment in which the person
individual is located, who acts under the extended authority
and direction of a licensed behavior analyst or a licensed
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and direction of a licensed behavior analyst or a licensed
assistant behavior analyst.
(3) A behavior analyst who practices with nonhuman or
nonpatient clients or consumers including, but not limited to,
applied animal behaviorists and practitioners of
organizational behavior management.
(4) A licensed physician who is practicing medicine.
(5) A licensed professional authorized to practice in
the state who is not a behavior analyst, so long as the
licensed professional does not represent that he or she is a
behavior analyst, and so long as the services of the licensed
professional are within the scope of practice of the licensing
law governing the licensed professional and the services
performed are commensurate with the education, training, and
experience of the licensed professional.
(6) A matriculated graduate student or postdoctoral
fellow whose activities are part of a defined behavior
analysis program of study, practicum, or intensive practicum,
provided that the practice under this exemption is directly
supervised by a licensed behavior analyst in this state or an
instructor in a course sequence approved by the certifying
entity.
(7) An unlicensed individual pursuing experience in
behavior analysis consistent with the experience requirements
of the certifying entity, provided such the experience is
supervised by a licensed behavior analyst in this state.
(d) A violation of this section shall be punishable by
a fine of not more than one thousand dollars ($1,000) or the
suspension or revocation of a license issued pursuant to this
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suspension or revocation of a license issued pursuant to this
chapter, or both fine and loss of licensure licensing ."
"§34-5A-3
(a)(1) The Commencing on the effective date of the act
adding this amendatory language, the Alabama Behavior Analyst
Licensing Board is established within the Department of Mental
Health , Division of Developmental Disabilities is renamed the
Alabama Behavior Analyst Advisory Council. The purpose of the
advisory council is to advise the department on all matters
pertaining to the protection of the health, safety, and
welfare of the public relating to licensed behavior analysts,
licensed assistant behavior analysts, and the practice of
behavior analysis. All members serving on the Alabama Behavior
Analyst Licensing Board on the effective date of the act
adding this amendatory language shall continue to serve as
members of the Alabama Behavior Analyst Advisory Council until
the expiration of their terms .
(2) Commencing on the effective date of the act adding
this amendatory language, all rights, duties, records,
property, real or personal, and all other effects existing in
the name of the Alabama Behavior Analyst Licensing Board, or
in any other name by which that board has been known, shall
transfer to the department. Any reference to the former
Alabama Behavior Analyst Licensing Board, or any other name by
which that board has been known, in any existing law,
contract, or other instrument shall constitute a reference to
the Alabama Behavior Analyst Advisory Council as created in
this chapter. All actions of the former Alabama Behavior
Analyst Licensing Board or the executive director of the
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Analyst Licensing Board or the executive director of the
former board taken before the effective date of the act adding
this amendatory language, are approved, ratified, and
confirmed.
(3) The status of any individual or entity properly
licensed, accredited, or registered by the former Alabama
Behavior Analyst Licensing Board on the effective date of the
act adding this amendatory language, shall continue under the
jurisdiction of the department.
(4) The department shall provide all of the following
for the performance of the duties of the board advisory
council :
a. Financial services.
b. Legal services.
c. Dedicated office space within the office of the
State Autism Coordinator.
d. An administrative assistant who is shared or
dedicated to the board advisory council , and other personnel
as necessary for the efficient operation of the board advisory
council .
e. Information technology services that shall include
one or more dedicated phone lines, dedicated email addresses
for board advisory council members and staff, and website
maintenance.
f. Necessary office furniture and supplies.
(2)(b) The board advisory council shall consist of
seven members, including four licensed behavior analysts, one
licensed psychologist in the state, one parent or legal
guardian of an individual who has been or is being treated for
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guardian of an individual who has been or is being treated for
a behavior disorder , or an individual who has received
services from a licensed behavior analyst, and one public
member , who, except for the initial members, shall be
appointed by the Governor, as provided in subsection (b)
Mental Health Commissioner . The appointing authority Mental
Health Commissioner shall coordinate his or her appointments
to assure the board advisory council membership is inclusive
and reflects the racial, gender, geographic, urban, rural, and
economic diversity of the state. Each member of the advisory
council shall serve a three-year term, with initial terms
being staggered so that one member serves an initial term of
one year, three members serve initial terms of two years, and
three members serve initial terms of three years, as provided
by the Mental Health Commissioner of the Department of Mental
Health . The public member shall be an individual who is not
and never was a member of any profession licensed or regulated
under this chapter, or the spouse of the individual, and who
does not have and never has had a material interest in the
practice of behavior analysis.
(b) The initial members of the board shall be board
certified behavior analysts, as recognized by the certifying
entity, and shall each become licensed as a behavior analyst
or assistant behavior analyst, pursuant to this chapter,
during his or her initial term serving on the board. These
initial board members shall be appointed by the Commissioner
of the Department of Mental Health upon recommendations
submitted by the Alabama Association for Behavior Analysis,
the Alabama Interagency Autism Coordinating Council, the
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the Alabama Interagency Autism Coordinating Council, the
Department of Mental Health, and any other group determined
appropriate by the commissioner. Subsequent appointments shall
be appointed by the Governor upon recommendations submitted by
the board.
(c) Any vacancy occurring other than by expiration of
terms shall be filled for the remainder of the unexpired term
by appointment by the Governor Mental Health Commissioner ,
upon recommendation of the board advisory council .
(d) No member shall serve more than two successive
three-year terms.
(e) A member shall serve until a successor is appointed
and assumes office.
(f) Members shall be paid out of the funds of the board
department the same per diem as prescribed by law for state
employees for each day of attendance of board advisory council
business.
(g) The board advisory council shall meet at least
twice annually quarterly and may meet at other times as
necessary, at the call of the chair or by a majority of the
members of the advisory council , to complete the business
required. Members of the advisory council may participate in a
regular meeting of the board by means of telephone conference,
video conference, or similar communications equipment pursuant
to the Alabama Open Meetings Act, Chapter 25A of Title 36.
(h) The board shall adopt and enforce rules and
establish fees necessary to implement this chapter. The
department shall adopt and revise rules pursuant to the
Administrative Procedure Act as necessary for the department
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Administrative Procedure Act as necessary for the department
to implement this chapter. All administrative rules of the
former Alabama Behavior Analyst Licensing Board existing on
the effective date of the act adding this amendatory language,
which reference this chapter, unless in conflict with existing
law, shall remain in effect as rules of the Alabama Behavior
Analyst Advisory Council until amended or repealed by the
department.
(i) The board department shall investigate all
complaints relating to the practice of behavior analysis by
any licensed behavior analyst, licensed assistant behavior
analyst, or any individual alleged to be practicing or
providing supervision without a state license.
(1) The board department may fine, censure, revoke or
deny a license, place on probation, reprimand, or otherwise
discipline a licensee on any of the following grounds:
a. Conviction of a crime that the board department, by
rule, determines to be of a nature as to render the individual
convicted unfit to practice as a behavior analyst.
b. Violation of the professional and ethical compliance
code or the rules of the board adopted pursuant to this
chapter .
c. Fraud or misrepresentation in obtaining a license.
(2) The board Mental Health Commissioner may summarily
suspend the license of a licensee who the board Mental Health
Commissioner determines poses an imminent danger to the
public. A hearing shall be held within 10 days after the
suspension to determine whether the summary action was
warranted.
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warranted.
(3) No license may be denied, suspended, or revoked or
an individual otherwise disciplined without prior notice and
opportunity for hearing, except that the board Mental Health
Commissioner , without prior notice of hearing, may take action
against any individual convicted of a crime listed in
paragraph (1)a. No license may be denied, suspended, or
revoked or an individual otherwise disciplined by the Mental
Health Commissioner pursuant to this section except by vote of
a majority of the membership of the board without a
recommendation from the advisory council .
(4) Any person may file a complaint with the board
Mental Health Commissioner seeking the denial, suspension, or
revocation of a license issued or pending issuance by the
board department , or seeking to otherwise discipline an
individual for any violation of this chapter or rules adopted
by the board pursuant to this chapter . Complaints shall be in
a form prescribed by the board Mental Health Commissioner . If
the board Mental Health Commissioner determines that a
complaint alleges facts that, if true, would require
disciplinary action or denial, revocation, or suspension of a
license, the board Mental Health Commissioner shall promptly
institute a hearing. If the board advisory council determines
that a complaint does not allege facts that warrant a hearing,
the complaint may be dismissed by the board Mental Health
Commissioner . The board Mental Health Commissioner , on its his
or her own motion, may institute a hearing for disciplinary
action or for the denial, suspension, or revocation of a
license.
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license.
(5) Any individual whose license has been suspended or
revoked may apply to the board Mental Health Commissioner for
vacation of the suspension or reinstatement of his or her
license.
(j) Upon finding that an individual governed by this
chapter has practiced as a behavior analyst, advertised that
he or she performs as a behavior analyst, or utilized a title
or description denoting that he or she is a behavior analyst
without first having obtained a license, the board Mental
Health Commissioner may do any of the following:
(1) Impose an administrative fine.
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the
act occurred to enforce the cease and desist order and collect
the assessed fine.
(k) A majority of the membership of the board advisory
council shall constitute a quorum.
(l) The board advisory council shall elect a chair from
among its membership on an annual basis.
(m) There is established a Commencing on the effective
date of the act adding this amendatory language, the name of
the separate special revenue fund in the State Treasury known
as the Alabama Behavior Analyst Licensing Board Fund shall be
renamed and then known as the Alabama Behavior Analyst
Advisory Council Fund . All receipts collected by the board
department pursuant to this chapter shall be deposited into
this fund and used to the credit of the board for its
operation and by the department to carry out this chapter.
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operation and by the department to carry out this chapter.
Receipts shall be disbursed only by warrant of the Comptroller
drawn upon the State Treasury upon itemized vouchers approved
by the chair . No funds shall be withdrawn except as budgeted
and allotted according to Article 4 of Chapter 4 of Title 41
and Chapter 19 of Title 41, and only in amounts as stipulated
in the general appropriations bill or other appropriations
bills.
(n) The department may collaborate and partner with the
DRS to implement this chapter. "
"§34-5A-4
Each person individual desiring to obtain a license
shall submit an application and authorized fees to the board
Mental Health Commissioner . The application shall include
evidence demonstrating that the applicant satisfies all of the
following requirements:
(1) Is of good moral character and conducts his or her
professional activities in accordance with accepted
professional and ethical standards, including:
a. Compliance with the professional and ethical
compliance code for behavior analysts of the certifying
entity.
b. Completion of a criminal background check pursuant
to rule of the board rules adopted pursuant to this chapter .
The cost of the criminal background check shall be paid by the
applicant. An applicant shall submit to the board Mental
Health Commissioner two complete sets of fingerprints and a
form, sworn to by the applicant, containing his or her name,
date of birth, and Social Security number for completion of
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date of birth, and Social Security number for completion of
the criminal background check. The board Mental Health
Commissioner shall submit the fingerprints and form to the
State Bureau of Investigations, or any entity contracted with
for the purposes of furnishing criminal background checks, for
a state criminal history record check. The board Mental Health
Commissioner shall keep information received pursuant to this
section confidential, except that any information received and
relied upon in denying the issuance of a license in this state
may be disclosed if necessary to support the denial.
(2) In addition to satisfying the requirements of
subdivision (1), a licensed behavior analyst applicant shall
also maintain active status as a national board certified
behavior analyst, as recognized by the certifying entity,
following passage of the national board certified behavior
analyst examination.
(3) In addition to satisfying the requirements of
subdivision (1), a licensed assistant behavior analyst
applicant shall also do all of the following:
a. Maintain active status as a national board certified
assistant behavior analyst, as recognized by the certifying
entity, following passage of the national board certified
assistant behavior analyst examination.
b. Provide proof of ongoing supervision by a licensed
behavior analyst who is a current national board certified
behavior analyst in a manner consistent with the requirements
of the certifying entity for supervision of national board
certified assistant behavior analysts."
"§34-5A-5
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"§34-5A-5
A licensed or unlicensed national board certified
behavior analyst or national board certified assistant
behavior analyst residing and practicing in another state who
temporarily provides behavior analysis services in this state
or to a resident of this state, or both, may apply for a
temporary license to practice behavior analysis in this state.
A temporary license is available only if the behavior analysis
services are to be delivered during a limited and defined
period, as defined by board rule."
"§34-5A-6
The board department shall issue a license to a person
an individual who is actively licensed as a behavior analyst
in another state that currently imposes comparable licensure
licensing requirements as those imposed in this state and that
offers reciprocity to individuals licensed under this chapter.
An applicant for reciprocity shall submit proof of ethical
compliance, including proof of current licensure licensing and
current certification by the certifying entity, along with any
other eligibility requirements, such as satisfactory passage
of a criminal background check."
"§34-5A-7
(a) A license shall be granted for a period of two
years and shall expire on December 31 in the second year.
Before the expiration of a license, the license may be renewed
upon submission of an application for renewal, including proof
of continued certification by the certifying entity and
payment of the renewal fee imposed by the board department .
(b) All licenses issued pursuant to this chapter shall
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(b) All licenses issued pursuant to this chapter shall
be subject to renewal and shall expire unless renewed in the
manner prescribed by the rules of the board adopted pursuant
to this chapter and upon the payment of a renewal fee. The
board department may provide for a late renewal of a license
upon payment of a late renewal fee if all conditions for
renewal have been satisfied and upon payment of a late renewal
fee. Any license which has not been renewed within two years
following its expiration may not be renewed, restored, or
reissued thereafter. The holder of an expired license may
apply for and obtain a valid license only upon compliance with
all relevant requirements for issuance of a new license.
(c) A suspended license is subject to expiration and
may be renewed as provided in this section. Renewal of a
suspended license does not entitle the applicant, while the
license remains suspended and until it is reinstated, to
engage in licensed activity or in other conduct or activity in
violation of a license revoked on disciplinary grounds. Except
as otherwise provided in this chapter, a licensed behavior
analyst or licensed assistant behavior analyst who desires to
return to the active practice of applied behavior analysis
shall submit an application for reinstatement and shall pay
the nonrefundable reinstatement fee , and any late fee or
penalty fees that may be applicable. The amount of the
reinstatement fee and penalty shall be established by the rule
of the board . The applicant shall meet the same requirements
as were are necessary for initial licensure."
Section 4. Section 34-5A-8, Code of Alabama 1975,
subjecting the Alabama Behavior Analyst Licensing Board to the
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subjecting the Alabama Behavior Analyst Licensing Board to the
Alabama Sunset Law of 1981, is repealed.
Section 5. The Legislature concurs in the
recommendations of the Sunset Committee as provided in
Sections 1, 2, 3, and 4.
Section 6. This act shall become effective immediately.
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Section 6. This act shall become effective immediately.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB113
Senate 05-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 19-Feb-26
Senate concurred in House amendment 19-Feb-26
By: Senator Elliott
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