An individual is exempt from the requirements of this Article if any of the following conditions are met:

(1)        The individual is a licensed psychologist or psychological associate in this State or provides ancillary services in accordance with N.C. Gen. Stat. § 90-270.154

(2)        The individual is a behavior technician delivering applied behavior analysis services under the extended authority and direction of a licensed behavior analyst, licensed assistant behavior analyst, or other professional licensed under this Chapter or Chapter 90B of the N.C. Gen. Stat., so long as the services of the licensed professional are within the scope of practice of the license possessed by that licensed professional, and the services performed are commensurate with the licensed professional’s education, training, and experience. The behavior technician does not design assessment or intervention plans or procedures but delivers services as assigned by a supervisor who is responsible for the behavior technician’s work.

(3)        The individual is a family member, guardian, or other caretaker implementing a behavior analysis treatment plan under the direction of a licensed behavior analyst or a licensed assistant behavior analyst.

(4)        The individual engages in the practice of behavior analysis with nonhuman subjects, including individuals who are animal behaviorists and animal trainers.

(5)        The individual provides general behavior analysis services to organizations, so long as the services are for the benefit of the organizations and do not involve direct services to individuals.

(6)        The individual is a professional licensed under this Chapter or Chapter 90B of the N.C. Gen. Stat., so long as the licensed professional does not represent that the licensed professional is a licensed behavior analyst or licensed assistant behavior analyst and the services of the licensed professional are within the scope of practice of the license possessed by that licensed professional and the services performed are commensurate with the licensed professional’s education, training, and experience.

(7)        The activities are part of a defined college or university course program of study, practicum, or intensive practicum, so long as that individual is under direct supervision of (i) a licensed behavior analyst, (ii) an instructor in a course sequence approved by the certifying entity, or (iii) a qualified faculty member.

(8)        The individual is pursuing experience in behavior analysis consistent with the certifying entity’s experience requirements, so long as the individual’s activities are supervised by a licensed behavior analyst. ?(2021-22, s. 1(a).)

Terms Used In North Carolina General Statutes 90-745

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3