Ala. Admin. Code r. 580-5-30B-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 580-5-30B-.02 - Exemptions From Licensing

(1)Code of Ala. 1975, § 34-5A-2 provides that the unlicensed practice of behavior analysis is prohibited in the state unless listed as exempt.

(2) Individuals meeting the following criteria are exempt from obtaining a license from the board, but cannot call themselves a licensed behavior analyst or licensed assistant behavior analyst:

(a) An individual licensed to practice psychology within the state.

(b) 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 is located, who acts under the extended authority and direction of a licensed behavior analyst or licensed assistant behavior analyst.

(c) A behavior analyst who practices with nonhuman clients or consumers including, but not limited to, applied animal behaviorists, and a behavior analyst who practices with nonpatient clients or consumers including, but not limited to, practitioners of organizational behavior management.

(d) A licensed physician who is practicing medicine.

(e) A licensed or certified professional authorized to practice in the state who is not a behavior analyst, so long as the licensed or certified professional does not represent that he or she is a behavior analyst, and so long as the services of the licensed or certified professional are within the scope of practice of the licensing law or certification requirements governing the licensed or certified professional and the services performed are commensurate with the education, training, and experience of the licensed or certified professional. This would include certified teachers acting in conjunction with their mandated responsibilities as a teacher with a school system recognized by the Alabama Department of Education.

(f) 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.

(g) An unlicensed individual pursuing experience in behavior analysis consistent with the experience requirements of the certifying entity, provided such experience is supervised by a licensed behavior analyst in the state.

(3) No person shall hold themselves out to be a licensed behavior analyst or licensed assistant behavior analyst unless they satisfy the applicable requirements of Code of Ala. 1975, §§ 34-5A-2 and 34-5A-2.

Ala. Admin. Code r. 580-5-30B-.02

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 09, June 30, 2016, eff. 7/21/2017.

Author: Division of Developmental Disabilities, DMH

Statutory Authority:Code of Ala. 1975, §§ 34-5A-2.