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An Act
ENROLLED SENATE
BILL NO. 1557 By: Rosino of the Senate
and
Newton of the House
An Act relating to applied behavior analysis;
amending 59 O.S. 2021, Section 1928, which relates to
licensing of behavior analysts; modifying
definitions; transferring certain powers and duties
from the Department of Human Services to the State
Board of Examiners of Psychologists; granting certain
additional power to the Board; requiring a national
criminal history record check for applicants;
prohibiting certain dissemination of information;
updating statutory language and references; modifying
certain fee limit; and providing an effective date.
SUBJECT: Applied behavior analysis professional licensure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1928, is
amended to read as follows:
Section 1928. A. As used in this act section and Sections 1-
280.1, 1-280.2, and 1-280.3 of Title 63 of the Oklahoma Statutes:
1. a. “Applied behavior analysis” means the design,
implementation, and evaluation of instructional and
environmental modifications to produce socially
significant improvements in human behavior through
skill, acquisition, and the reduction of problematic
behavior. An applied behavior analysis program shall:
ENR. S. B. NO. 1557 Page 2
(1) be based on empirical research including the
direct observation and measurement of behavior as
well as a functional behavior assessment, and
(2) utilize antecedent stimuli, positive
reinforcement, and other consequences to produce
behavior change.
b. Applied behavior analysis does not include cognitive
therapies or psychological testing, neuropsychology,
psychotherapy, sex therapy, psychoanalysis,
hypnotherapy, and long-term counseling as treatment
modalities;
2. “Board” means the nationally accredited Behavior Analyst
Certification Board State Board of Examiners of Psychologists;
3. “Certified assistant behavior analyst” means an individual
who is certified by the national Behavior Analyst Certification
Board as a Board Certified Assistant Behavior Analyst and certified
by the State Board of Examiners of Psychologists;
4. “Human services professional” means an individual licensed
or certified by the state as one of the following:
a. a licensed physical therapist or physical therapist
assistant pursuant to Sections 887.1 through 887.18
887.19 of Title 59 of the Oklahoma Statutes this
title,
b. an occupational therapist, occupational therapy
assistant, or occupational therapy aide pursuant to
Sections 888.1 through 888.15 of Title 59 of the
Oklahoma Statutes this title,
c. a licensed clinical social worker, licensed masters
social worker, or social work associate pursuant to
Sections 1250 through 1273 of Title 59 of the Oklahoma
Statutes this title,
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d. a psychologist or health service psychologist pursuant
to Sections 1351 through 1376 of Title 59 of the
Oklahoma Statutes this title,
e. a licensed speech pathologist, licensed audiologist,
speech-language pathologist or audiologist pursuant to
Sections 1601 through 1622 of Title 59 of the Oklahoma
Statutes this title,
f. a licensed professional counselor or licensed
professional counselor candidate pursuant to Sections
1901 through 1920 of Title 59 of the Oklahoma Statutes
this title,
g. a licensed marital and family therapist or licensed
marital and family therapist candidate pursuant to
Sections 1925.1 through 1925.18 of Title 59 of the
Oklahoma Statutes this title, or
h. a licensed behavioral practitioner or licensed
behavioral practitioner candidate pursuant to Sections
1930 through 1949.1 of Title 59 of the Oklahoma
Statutes this title;
4. “Certified assistant behavior analyst” means an individual
who is certified by the nationally accredited Behavior Analyst
Certification Board as a Board-Certified Assistant Behavior Analyst
and certified by the Developmental Disabilities Services Division of
the Department of Human Services;
5. “Licensed behavior analyst” means an individual who is
certified by the nationally accredited national Behavior Analyst
Certification Board as a Board-Certified Board Certified Behavior
Analyst and licensed by the Developmental Disabilities Services
Division of the Department State Board of Examiners of
Psychologists; and
6. “Supervisee” means a person who acts under the extended
authority of a licensed behavior analyst to provide applied behavior
analysis services or a person who is in training to provide such
services.
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B. Each person wishing to practice as a licensed behavior
analyst or a certified assistant behavior analyst shall apply to the
Developmental Disabilities Services Division of the Department of
Human Services State Board of Examiners of Psychologists using a
form and in a manner prescribed by the Division Board and shall
furnish evidence satisfactory to the Division Board that such
person:
1. Is of good moral character;
2. Is at least twenty-one (21) years of age;
3. Has passed the Board applicable examination and is certified
by the national Behavior Analyst Certification Board as a Board-
Certified Board Certified Behavior Analyst or a Board-Certified
Board Certified Assistant Behavior Analyst, as applicable;
4. Has not had a professional license or certification refused,
revoked, suspended, or restricted and does not have a complaint,
allegation, or investigation pending in any regulatory jurisdiction
in the United States or in another country for reasons that relate
to unprofessional conduct unless the Division State Board of
Examiners of Psychologists finds, to its satisfaction, that the
conduct has been corrected or that mitigating circumstances exist
that prevent its resolution; and
5. Has at least the minimum graduate or undergraduate degree,
appropriate for the level of certification, from an accredited
institution of higher learning in a qualifying field of study, as
determined by the national Behavior Analyst Certification Board.
C. The State Board of Examiners of Psychologists shall have
exclusive power and authority to determine the qualifications and
fitness of all applicants for admission to practice as a licensed
behavior analyst or certified assistant behavior analyst in this
state. The Board shall require that each applicant submit to a
national criminal history record check as defined in Section 150.9
of Title 74 of the Oklahoma Statutes. The Board shall not
disseminate criminal history record information resulting from the
record check.
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D. A person holding a state license or state certification
shall apply for renewal of the state license or state certification
on or before April 30 of each odd-numbered year. The application
shall be accompanied by a renewal fee to be set by the Division
State Board of Examiners of Psychologists in accordance with
paragraph 3 of subsection F G of this section.
D. E. A person licensed or certified by the Developmental
Disabilities Services Division of the Department Board under this
section shall:
1. Maintain active status and fulfill all requirements for
renewal of national certification or recertification with by the
national Behavior Analyst Certification Board; and
2. Conduct professional activities in accordance with accepted
standards such as the Guidelines for Responsible Conduct and
Professional Disciplinary Standards Ethics Code for Behavior
Analysts of the national Behavior Analyst Certification Board.
E. F. 1. No person shall claim the title of licensed behavior
analyst or certified assistant behavior analyst unless that person
meets the applicable requirements in this section. No person shall
practice applied behavior analysis without obtaining a license or
certification in accordance with this section. Supervisees may only
provide applied behavior analysis under the supervision of a
licensed behavior analyst. This section shall not restrict the
practice of applied behavior analysis by human services
professionals, provided such individuals are working within the
scope of their professions and the practice of applied behavior
analysis is commensurate with their level of training and
experience.
2. A violation of this subsection shall be punishable by a fine
of not more than Five Hundred Dollars ($500.00), the suspension or
revocation of a license licensure or certification issued pursuant
to this section, or both such fine and loss of licensure or
certification.
F. G. The Division State Board of Examiners of Psychologists
shall:
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1. Investigate all complaints relating to:
a. the practice or supervision of applied behavior
analysis by any person licensed by the Developmental
Disabilities Services Division of the Department Board
as a behavior analyst or certified by the Division
Board as an assistant behavior analyst, or
b. any person alleged to be practicing or providing
supervision without a state license or state
certification;
2. Refer any substantiated complaints to the national Behavior
Analyst Certification Board; and
3. Charge reasonable fees for issuance or renewal of a license
or for certification, not to exceed One Hundred Dollars ($100.00) in
an amount sufficient to cover the cost and expense incurred by the
State Board of Examiners of Psychologists for such issuance or
renewal.
G. H. 1. A person having a qualifying degree, as provided for
in paragraph 5 of subsection B of this section, and participating in
the applied behavior analysis treatment pilot project established in
Section 3 of this act Section 1-280.2 of Title 63 of the Oklahoma
Statutes shall be exempt from the requirements of this section while
such person is actively participating in the project.
2. Persons employed by a school district in this state who
provide services solely to the school district under the Individuals
with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et
seq., shall be exempt from the requirements of this section.
H. I. The Department State Board of Examiners of Psychologists
shall promulgate rules to implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________