# Title 43 — Occupations and Professions

## Chapter 43-64 — Behavior Analysts

### § 43-64-01. Definitions.

For purposes of this chapter, unless the context otherwise requires:
1. "Board" means the state board of integrative health care created under chapter 43-57.
2. "Licensed assistant behavior analyst" means an individual who is licensed under this
chapter as a licensed assistant behavior analyst and is supervised by a licensed
behavior analyst.
3. "Licensed behavior analyst" means an individual licensed under this chapter as a
licensed behavior analyst.
4. "Practice of applied behavior analysis" means the design, implementation, and
evaluation of instructional and environmental modifications to produce socially
significant improvements in human behavior. The term includes the empirical
identification of functional relations between behavior and environmental factors. The
term does not include the diagnosis of disorders, psychological testing, psychotherapy,
cognitive therapy, psychoanalysis, and counseling.
### § 43-64-02. License required - Title restrictions.

1. Effective January 1, 2020, an individual may not practice applied behavior analysis
without a current license issued by the board under this chapter.
2. A licensed behavior analyst may use the title "licensed behavior analyst." A licensed
assistant behavior analyst may use the title "licensed assistant behavior analyst."
Effective January 1, 2020, an individual who uses these terms as identification without
having received a license as required under this chapter is engaging in the practice of
applied behavior analysis without a license.
### § 43-64-03. Qualifications for licensure.

To obtain a license to practice applied behavior analysis in this state, an applicant shall
submit an application to the board. The application must be upon the form adopted by the board
and must be made in the manner prescribed by the board.
### § 43-64-04. Application for licensure.

1. An applicant for licensure shall file an application on forms provided by the board
showing to the board's satisfaction the applicant is of good moral character and has
satisfied the requirements of this chapter and chapter 43-57, including:
a. Successful completion of education, examination, and experience requirements
established by the board, such as certification from the behavior analyst
certification board or a certifying entity accredited by the national commission for
certifying entities or the American national standards institute;
b. Physical, mental, and professional capability for the practice of applied behavior
analysis in a manner acceptable to the board; and
c. A history free of any finding by the board, any other state licensure board, or any
court of competent jurisdiction of the commission of any act that would constitute
grounds for disciplinary action under this chapter and chapter 43-57. The board
may modify this restriction for cause.
2. The application must be accompanied by the board-established license fees and
application fees and by the documents, affidavits, and certificates necessary to
establish the applicant possesses the necessary qualifications.
3. The board shall establish standards for licensed behavior analysts supervising
licensed assistant behavior analysts.
### § 43-64-05. Initial applications - Grandfather provision.

Notwithstanding the education, experience, and examination requirements for licensure
under this chapter, if on December 31, 2019, an applicant held a valid license or registration

issued by the state board of psychologist examiners under chapter 43-32, the applicant is
deemed to have met the education, experience, and examination requirements for licensure.
