Behavior Analyst Licensure Act Summary

January 13, 2020

On January 13, 2020, Governor Murphy signed the Applied Behavior Analyst Licensing Act into Law.  The following summarizes the new law.

Purpose

The practice of applied behavior analysis in the State of New Jersey is determined to affect the public safety and welfare, and to be subject to regulation and control in the public interest in order to protect the public by setting standards of qualification, education, training, and experience for those persons seeking to practice and be licensed as applied behavior analysts and assistant applied behavior analysts.

State Licensing Board

The Governor will appoint seven (7) residents of the State to serve on the State Board of Applied Behavior Analyst Examiners for terms of four years, except for the members first appointed in which two will serve for a term of four years, two will serve for a term of three years, and two will serve for a term of two years. Board membership will consist of:

  • Two (2)  public members that represent the interest of the public
  • One (1) member from the Executive Branch of State Government
  • Three (3) licensed applied behavior analysts, except for the members first appointed, who will be Board Certified Behavior Analysts or Board Certified Behavior Analysts – Doctoral
  • One (1) licensed assistant applied behavior analyst, except for the member first appointed, who will be a Board Certified Assistant Behavior Analyst

Qualifications

Licensed Applied Behavior Analyst (LBA)

  • Be at least 21 years of age
  • Be of good moral character
  • Have a current certification from a nonprofit organization accredited by the National Commission for Certifying Agencies, the American National Standards Institute, or a substantial equivalent to credential professional practitioners of applied behavior analysis related to the principles and practice of the profession of applied behavior analysis that is approved by the board [1]
  • Submit proof that the applicant holds a graduate degree from an accredited university or other institution of higher learning

Licensed Assistant Applied Behavior Analyst (LABA)

  • Be at least 21 years of age
  • Be of good moral character
  • Have a current certification from a nonprofit organization accredited by the National Commission for Certifying Agencies, the American National Standards Institute, or a substantial equivalent to credential professional practitioners of applied behavior analysis related to the principles and practice of the profession of applied behavior analysis that is approved by the board [2]
  • Submit proof that the applicant holds an undergraduate degree from an accredited university or other institution of higher learning
  • Submit proof satisfactory to the board of ongoing supervision by a licensed applied behavior analyst in accordance with the board’s requirements

Exemptions

As is the case with all licensure laws, other licensed professions and some other groups are exempt from the law.

  • All other professions licensed by the state of New Jersey, provided that:
    • qualified members of other professions do not hold themselves out to the public as having a license in applied behavior analysis or using a professional title that is regulated by the law
    • the services provided by qualified members of other professions are within the boundaries of the licensed professional’s education, training, and competence
  • Family members of recipients of applied behavior analysis services
  • Paraprofessional technicians who deliver applied behavior analysis services under the supervision of an LBA or LABA
  • Behavior analysts who practice with nonhumans, including applied animal behaviorists and animal trainers
  • Professionals who provide general applied behavior analysis services to organizations, if those services are for the benefit of the organizations and do not involve direct services to individuals
  • College students in an applied behavior analysis program that are supervised by an LBA
  • Unlicensed persons pursuing experience in applied behavior analysis consistent with the experience requirements of the board, if the experience is supervised in accordance with the requirements of the board
  • People who teach applied behavior analysis or conduct behavior analytic research
  • BCBAs or LBAs from another state who work New Jersey for no more than 10 consecutive business days, or not more than 15 intermittent business days, in any 90-day period
  • Employees of a school district, charter school, education services commission, or private school in the performance of regular employment duties
  • Persons who are working under the authority of or under contract with the Division of Developmental Disabilities, in the Department of Human Services [3]
  • Persons who are working under the authority of and under contract with the New Jersey Early Intervention Program, in the Department of Health [4]

The full text of the legislation can be found here. The finalized text of the law will be available soon.

For more information on  Licensure, contact Eric Eberman, Autism New Jersey Public Policy Director, at 609.588.8200 x10034 or email eeberman@autismnj.org.


[1] The BCBA certification and the BACB organization meet this standard.
[2] The BCaBA certification and the BACB organization meet this standard.
[3] This exemption expires three years after the effective date of the law.
[4] This exemption expires five years after the effective date of the law.