(1) No person shall:
(a) Engage in the practice of applied behavior analysis, assist in the practice of applied behavior analysis, render services designated as applied behavior analysis, or hold himself or herself out as a practitioner of applied behavior analysis in this state, unless licensed under the provisions of this chapter; or

Terms Used In Kentucky Statutes 319C.020

  • Applied behavior analysis: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationship between environment and behavior. See Kentucky Statutes 319C.010
  • Board: means the Kentucky Applied Behavior Analysis Licensing Board. See Kentucky Statutes 319C.010
  • Certified: means a practitioner who has met the certification criteria of the certification board. See Kentucky Statutes 319C.010
  • Practice of applied behavior analysis: means the application of the principles, methods, and procedures of the experimental analysis of behavior and applied behavior analysis, including but not limited to applications of those principles, methods, and procedures to:
    (a) Design, implement, evaluate, and modify treatment programs to change the behavior of individuals diagnosed with an autism spectrum disorder. See Kentucky Statutes 319C.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(b) Use the title “licensed behavior analyst” or “licensed assistant behavior analyst” or any title which is substantially the same unless licensed by the board.
Any person who violates this subsection shall be subject to the penalties contained in KRS § 319C.990.
(2) The provisions of this chapter shall not apply to any person who is:
(a) Providing applied behavior analysis services to an individual in a public school setting;
(b) Implementing applied behavior analysis intervention services to an immediate family member or as a supervisee;
(c) Licensed, certified, or registered as a health or allied health professional under any other provisions of the Kentucky Revised Statutes, including but not limited to physicians, psychologists, social workers, nurses, counselors, therapists, including occupational therapists, physical therapists and speech therapists, or students within accredited training programs of these professions. Nothing in this chapter shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which the health or allied health professional listed in this subsection hold themselves out to the public; or
(d) Providing applicable Medicaid waiver services.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 150, sec. 2, effective July 15, 2010.