Summary — HB 1954
Note on source material
- The materials provided appear to conflate multiple different documents and jurisdictions under the same bill number (HB 1954). The longest substantive text in the packet is an Arkansas draft that would create an "Arkansas Behavior Analyst Registration Act." There is also a short Illinois appropriation text ($2 to the Court of Claims) and a mixed timeline of actions from multiple chambers. This summary focuses on the Arkansas-version text that establishes a statewide registration framework for behavior analysts, because it is the substantive policy text in the packet. Confirm the correct jurisdiction/version with official legislative records before relying on this summary for legal or administrative decisions.
Purpose and intent
- Create an Arkansas Behavior Analyst Registration Act to (1) require registration to practice applied behavior analysis (ABA) independently in Arkansas, and (2) expressly include “qualified behavior analysts” under state registration rules. The stated legislative intent is to add qualified behavior analysts to the registration law previously enacted (HB1245 of 2025) without repealing that act.
Key provisions
- New Subchapter added to Arkansas Code Title 17, Subchapter 97 (17-97-601 et seq.), titled "Arkansas Behavior Analyst Registration Act."
- Definitions: establishes "registered behavior analyst" as an individual registered by the Arkansas Psychology Board to practice behavior analysis independently.
- Prohibition and penalties:
- Unlawful to hold oneself out as a registered behavior analyst unless registered.
- Civil penalties for unauthorized representation: $500–$1,000.
- Registered practitioners who violate the subchapter may face administrative sanctions including fines up to $5,000 and revocation.
- Registration requirements (17-97-604):
- Applicants submit application, background check, and an application fee not exceeding $200.
- Must provide evidence of current certification as either:
- Board Certified Behavior Analyst (BCBA) or BCBA‑Doctoral (Behavior Analyst Certification Board); or
- Qualified Behavior Analyst (Qualified Applied Behavior Analysis Credentialing Board).
- The text states no additional state-required training or continuing education is mandated.
- Term, expiration, and renewal (17-97-605):
- Registrations appear to be granted for a two‑year period.
- Renewals require a renewal application, renewal fee not exceeding $150, and verification of current certification. No additional CE required by the statute.
- Temporary registrations (17-97-606):
- Short‑term practice by out‑of‑state licensed/certified behavior analysts (including qualified behavior analysts) may qualify for temporary registration upon application and fee; Arkansas Psychology Board must verify out‑of‑state status.
- Reciprocity (17-97-607):
- Arkansas Psychology Board may grant registration to practitioners licensed in other jurisdictions with comparable requirements, subject to verification.
- Regulatory authority (17-97-608):
- Arkansas Psychology Board will administer and may adopt rules; may adopt the Behavior Analyst Certification Board Ethics Code (as of Jan 1, 2025) and the Qualified Applied Behavior Analysis Credentialing Board Code of Ethics.
- Board composition (amendment to §17‑97‑201):
- At least one member of the Arkansas Psychology Board must be a licensed psychologist who is a BCBA, a qualified behavior analyst, or has behavior‑analysis experience.
Who would be affected
- Behavior analysts practicing in Arkansas: BCBAs, BCBA‑D, and qualified behavior analysts.
- Out‑of‑state behavior analysts seeking to provide short‑term services in Arkansas.
- The Arkansas Psychology Board (new registration and rulemaking responsibilities).
- Employers and payers (school districts, private clinics, health providers) that employ or contract ABA providers.
- Consumers of ABA services (e.g., individuals with autism spectrum disorder and their families) — licensing could affect access, oversight, and consumer protections.
Procedural/timeline status and caveats
- Provided status in the packet: "Died On Calendar." Other entries in the legislative actions are inconsistent (some indicate passage/enrollment or Act 869), and an unrelated Illinois appropriation text appears as well. Because of these conflicting records, the bill’s official status is uncertain in the provided materials.
- Recommendation: verify the final status and authoritative text with the Arkansas General Assembly (or the relevant state legislative website) and the Arkansas Secretary of State to confirm whether the measure was enacted, amended, or died.
Potential impacts
- Would formalize state-level registration and oversight for behavior analysts, enhancing regulatory clarity and consumer protection.
- Could impose new administrative requirements (fees, background checks, registration) on practitioners.
- Inclusion of "qualified behavior analysts" broadens who may practice under the law versus a regime limited to BCBA credentials.
- Minimal direct fiscal effects are evident in the text aside from application/renewal fees and potential board administrative duties.
