N.D. Admin Code 112-05-01-14 - Exemptions from licensure

The following individuals are exempted from the licensure requirements of this chapter:

1. College or university students or postdoctoral fellows whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship, or fellowship and are directly supervised by a behavior analyst licensed by the board. Such individuals may not represent themselves as professional behavior analysts and must use titles that clearly indicate their trainee status, such as "student", "intern", or "trainee". The student or intern status and the supervisor must be clearly stated.

2. Unlicensed individuals pursuing experience in applied behavior analysis consistent with the experience requirements of the certifying entity, provided such experience is supervised in accordance with the requirements of the certifying entity.

3. Individuals licensed to practice psychology pursuant to North Dakota Century Code chapter 43-32 and those who deliver psychological services under their supervision, provided that:

a. Applied behavior analysis is in the scope of practice section of the psychology licensure law;

b. The applied behavior analysis services provided are within the boundaries of the licensed psychologist's education, training, and competence; and

c. The licensed psychologist does not represent themselves as a licensed behavior analyst unless also licensed under North Dakota Century Code chapter 43-64.

4. Individuals certified or licensed to practice other professions in this state and those who deliver services under their supervision, provided that:

a. Applied behavior analysis is in the scope of practice section of the psychologist's licensure law;

b. The applied behavior analysis services provided are within the boundaries of the licensed professional's education, training, and competence; and

c. The licensed professional does not represent that licensed professional is a licensed behavior analyst or licensed assistant behavior analyst unless also licensed under North Dakota Century Code chapter 43-64.

5. A lecturer or professor, from any accredited school or college, when lecturing to institutions or organizations. However, the lecturer or professor may not engage in the practice of applied behavior analysis or represent that the lecturer or professor is a licensed behavior analyst or licensed assistant behavior analyst unless the lecturer is licensed under North Dakota Century Code chapter 43-64. "Lecturing" does not include clinic practice, training, or research.

6. An individual providing applied behavior analysis services to an individual in a public school setting. Such individuals may not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless licensed under North Dakota Century Code chapter 43-64.

7. Behavior technicians who deliver applied behavior analysis services under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst. Such individuals may not represent themselves as professional behavior analysts, and must use titles that indicate their nonprofessional status, such as "ABA technician", "behavior technician", "registered behavior technician", or "tutor".

8. An individual or caregiver who is implementing applied behavior analysis services to an immediate family member or as a paid or volunteer caregiver implementing procedures established by the family, the individual served, or a licensed behavior analyst or a licensed assistant behavior analyst in any setting, if the individual or caregiver does not represent themselves as a "licensed behavior analyst" or "licensed assistant behavior analyst".

9. Professionals who provide general applied behavior analysis services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals. Such professionals may use the title "behavior analyst" but may not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless licensed under North Dakota Century Code chapter 43-64.

Notes

N.D. Admin Code 112-05-01-14

Adopted by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.

General Authority: NDCC 43-57-03

Law Implemented: NDCC 43-57-03