Behavior Analyst Press Release
A. Statement:
Pursuant to Minnesota Statute 148.9986, the Minnesota Board of Psychology is charged with licensing and regulating the practice of behavior analysis in the state of Minnesota. Per statute, “Effective January 1, 2025, an individual must not engage in the practice of applied behavior analysis unless the individual is licensed under sections 148.9981 to 148.9995 as a behavior analyst or is exempt under section 148.9987. A Licensed Psychologist who is licensed under sections 148.88 to 148.981 who practices behavior analysis is not required to obtain a license as a behavior analyst under sections 148.9981 to 148.9995”.
Individuals who provide behavior analysis in Minnesota will need to be licensed or qualify for an exception to licensure in order to continue to provide services after January 1, 2025. Minnesota Statute 148.9981 Subd. 9 defines the practice of behavior analysis as, “[T]he design, implementation, and evaluation of social, instructional, and environmental modifications to produce socially significant improvements in human behavior. The practice of applied behavior analysis includes empirical identification of functional relations between behavior and environmental factors, known as functional behavior assessment and analysis. Applied behavior analysis interventions are based on scientific research, direct and indirect observation, and measurement of behavior and environment and utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific social, instructional, and environmental conditions”.
B. What types of services are provided by a Licensed Behavior Analyst and where do these services take place:
Behavior analysis attempts to improve the human condition through behavior change and happens in many different settings. For a better understanding of behavior analysis, please see the following reference articles:
C. Who needs to be licensed:
Professionals engaging in services meeting the statutory definition of applied behavior analysis are required to be licensed as a Licensed Behavior Analyst. Professionals licensed in Minnesota as a Licensed Behavior Analyst are independent practitioners who may provide services meeting the definition of the practice of applied behavior analysis as defined in MN Statute 148.9981, Subd 9. In addition, only those licensed as a Licensed Behavior Analyst, are permitted to use a title incorporating the words “licensed behavior analyst” or “behavior analyst”, or any other title or description stating or implying that they are licensed or otherwise qualified to practice applied behavior analysis, unless that person holds a valid license per Minnesota Statute sections 148.9981 to 148.9995.
D. Exemptions to licensure:
Minnesota Statute identifies exceptions to licensure in provision behavior analysis services. Those groups include the following – pulled directly from the statute:
Sec. 7. [148.9987] EXCEPTIONS TO LICENSE REQUIREMENT.
(a) Sections 148.9981 to 148.9995 must not be construed to prohibit or restrict:
(1) the practice of an individual who is licensed to practice psychology in the state or an individual who is providing psychological services under the supervision of a licensed psychologist in accordance with section 148.925;
(2) the practice of any other profession or occupation licensed, certified, or registered by the state by an individual duly licensed, certified, or registered to practice the profession or occupation or to perform any act that falls within the scope of practice of the profession or occupation;
(3) an individual who is employed by a school district from providing behavior analysis services as part of the individual's employment with the school district, so long as the individual does not provide behavior analysis services to any person or entity other than as an employee of the school district or accept remuneration for the provision of behavior analysis services outside of the individual's employment with the school district;
(4) an employee of a program licensed under chapter 245D from providing the services described in section 245D.091, subdivision 1;
(5) teaching behavior analysis or conducting behavior analysis research if the teaching or research does not involve the direct delivery of behavior analysis services;
(6) providing behavior analysis services by an unlicensed supervisee or trainee under the authority and direction of a licensed behavior analyst and in compliance with the licensure and supervision standards required by law or rule;
(7) a family member or guardian of the recipient of behavior analysis services from performing behavior analysis services under the authority and direction of a licensed behavior analyst; or
(8) students or interns enrolled in an accredited school or educational program, or participating in a behavior analysis practicum, from engaging in the practice of applied behavior analysis while supervised by a licensed behavior analyst or instructor of an accredited school or educational program. These individuals must be designated as a behavior analyst student or intern.
E. What are the requirements to be licensed and what does the application process entail:
To become eligible for licensure, an applicant will need to demonstrate evidence of holding a BCBA or BCBA-D. “A current and valid active national certification as a board-certified behavior analyst issued by the certifying entity; or have completed the equivalent requirements for certification by the certifying entity*, including satisfactorily passing a psychometrically valid examination administered by a nationally accredited credentialing organization” (MN Statute 148.9983, sub 2). Additionally, the applicant must complete a criminal background check pursuant to Minnesota Statute 214.075. A license is valid for two years. A checklist to the Behavior Analyst application for licensure checklist may be found on the Board's website: /boards/assets/Initial%20BA%20%28Behavior%20Analyst%29%20Application%20for%20Licensure%20Checklist%20-%20UPDATED%209.25.24%20%28002%29_tcm21-646625.pdfLicensed Behavior Analyst Application Checklist
*The equivalency determination is currently under review by the Board with more information to come on what type of degree and experience will be considered equivalent.
