The Road to Licensure of Behavior Analysts in Texas: History and Lessons Learned
Behavior Analysis in Practice https://doi.org/10.1007/s40617-024-01030-z
Abstract
In over 30 US states since early this century, behavior analysts have worked for months and years to secure laws to license behavior analysts. At present, very few published accounts exist to document those efforts and to provide models and recommendations for behavior analysts who are interested in advocating for licensure or some form of governmental regulation of behavior analysts. Many are well-prepared in behavior analysis but have little preparation for dealing effectively with the contingencies and procedures involved in making public policies. This article provides an account of the extended, complicated efforts by behavior analysts in one state that culminated in establishing state licensure of behavior analysts. Key activities described here include foundational organizational work by a state behavior analysis organization, preliminary licensure efforts, educating behavior analysts on public policy advocacy, establishing relationships with legislators and their staff as well as government regulatory agency personnel, developing important alliances with various stakeholders, and reviewing final successful efforts. Successful efforts and lessons learned are reviewed.
Introduction
The field of applied behavior analysis (ABA) is developing rapidly. One result is that over the past 15 years behavior analysts and others in many states have advocated for government regulation of ABA practitioners, typically in the form of licensure. In 2009, Nevada and Oklahoma were the first states to adopt behavior analyst licensure laws. As of July 2024, that number had grown to 38 states (Behavior Analyst Certification Board®, 2024a). When Texas Senate Bill (SB) 589 passed on June 15, 2017, Texas became the 30th state to adopt a behavior analyst licensure law. The law became effective September 1, 2017, establishing recognition in Texas law of the practice of ABA as a highly specialized and distinct profession, uniform requirements for the practice of the profession, and a state entity to ensure accountability of behavior analyst practitioners to protect consumers. This article documents efforts to establish licensure of behavior analysts in Texas and describes lessons learned. It is important to note that some processes and circumstances described here are specific to Texas and may not apply to other states or in nations other than the US.
Professional Licensure and Certification
One common form of professional regulation is certification. In the early 1970s, behavior analysts began having discussions at conferences and in some articles about the need to develop credentialing programs with uniform education and practical training standards for ABA practitioners. Following some earlier behavior analyst certification programs by the Minnesota Department of Welfare, the Association for Behavior Analysis, and especially the Florida Developmental Services Program Office, as an outgrowth of the Florida certification program, in 1998 the Behavior Analyst Certification Board® (BACB®) was established as an independent, international nonprofit credentialing organization. The BACB developed and has continued to revise eligibility requirements (degrees, coursework, supervised experiential training) and examination content to certify individual ABA practitioners. A detailed review of early activities related to behavior analyst certification is outside the scope of this paper. Johnston et al. (2017) provide an informative overview.
Another common form of professional regulation is licensure, which in the U.S. is established by laws that are adopted by each state and enforced by a state governmental entity. Although both certification and licensure are meant to protect consumers and have common features (educational and practical training requirements, examinations, an entity that manages the credentialing programs), there are several important differences. Certifications, unlike licenses, are voluntary unless specified by law or regulation as a requirement (e.g., for state licensure or to receive certain third-party payments), but licensure is mandatory. State governmental entities (e.g., state licensing boards) are required and authorized to enforce licensure laws and rules, whereas most certifying entities are national non-governmental organizations that lack legal authority to enforce their standards with anyone other than their certificants or candidates for certification. Therefore, absent a law that requires a license to practice a profession, persons who are not certified in the profession can generally practice as they wish unless they violate other laws (e.g., by engaging in fraud, abuse, or neglect). Without a licensure law, the sanctions imposed on individuals behaving outside the norms of the profession are typically limited to actions such as cease-and-desist letters to individuals who make false claims of being certified, prohibition of violators of examination rules from obtaining certification, and revocation of certifications for individuals who are found to have violated the certifying entity’s ethical or other standards. In such states, individuals who are not certified by the certifying entity can generally practice ABA and call themselves behavior analysts with no oversight or consequences for unethical conduct. The certifying entity can take no actions against such individuals unless they claim to hold a certification that is issued by the certifying entity. Further, the certifying body cannot require anyone to hold a behavior analyst certification. Absent licensure laws, practitioners who have had their behavior analyst certification revoked can provide ABA services if they do not refer to themselves as certified behavior analysts. In short, certification itself provides consumers with fewer protections from harm than does licensure.
The full text continues with detailed sections on foundational advocacy, legislative challenges, relationships with stakeholders, and lessons learned. For comprehensive insights, including the exact progression of licensure and advocacy in Texas, view the complete document at The Road to Licensure of Behavior Analysts in Texas.