Louisiana Behavior Analyst Board

Act 351 of the 2013 Legislative Session created the Louisiana Behavior Analyst Board and the Behavior Analyst Practice Act.  Act 351 provides for the licensure, certification and registration of individuals practicing ABA in the State of Louisiana.

The Louisiana State Board of Behavior Analyst Seal

The mission of the Louisiana Behavior Analyst Board is to protect the public from unauthorized, unqualified, and improper or unethical services by ensuring applied behavior analysis services received by the citizens of Louisiana meet or exceed the established published standards.

Rules Chapter 2

Chapter 2. Behavior Analysis

201. Purpose and Scope

    1. The sections of this Chapter govern the procedures and requirements for application and delivery of applied behavior analysis in the State of Louisiana.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704
HISTORICAL NOTE:  Promulgated by the Department of Health, Behavior Analyst Board, LR 50:1823 (December 2024)

202. Professional Standards

A.  A licensed behavior analyst is authorized to engage in the practice of applied behavioral analysis as set forth in the Practice Act and in accordance with the board’s rules. A licensed behavior analyst and/or a state certified assistant behavior analyst possess property rights.

B.  Behavior analysis excludes psychological testing, neuropsychology, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and mental health counseling or academic teaching by college or university staff.

C.  It is prohibited for an individual to hold themselves out as a licensed behavior analyst, a state certified assistant behavior analyst, or a registered line technician unless licensed, state certified, or registered in accordance with the statutes.

D.  Licensed behavior analyst and anyone under their supervision shall conduct their activities in conformity with the ethical and professional standards found in Chapter 10.

E.  A licensed behavior analyst will supervise all state certified assistant behavior analysts and registered line technicians in conformity with the supervision requirements found in Chapter 5.

F.  The following persons and practices are not prohibited or restricted from engaging in the practice of applied behavior analysis:

    1. an individual licensed to practice psychology within the state, provided the applied behavior analysis services are within the licensed psychologist’s education, training and expertise. An individual properly registered and supervised as an assistant to a psychologist in accordance with the Louisiana Administrative Code, Title 46, Part LXIII, Chapter 11. Licensed psychologists and those practicing under their extended authority are prohibited from representing themselves as behavior analysts, licensed behavior analysts, assistant behavior analysts, or state certified assistant behavior analysts without being duly licensed or state certified;
    2. other human service professionals who are licensed, certified, or registered by the state of Louisiana, provided such individuals are working within the scope of practice of their profession and the scope of their training and competence;
    3. a family member or guardian of a recipient of applied behavior analysis services who implements certain applied behavior analysis procedures with the recipient under the extended authority and direction of a licensee or supervised certified assistant. This individual shall not represent themselves as a behavior analyst;
    4. an individual who practices with nonhumans, including applied animal behaviorists and animal trainers;
    5. an individual who provides general applied behavior analysis services to an organization, provided those services are not for the benefit of such organization and the services do not involve direct services to individual;
    6. a matriculated college or university student, intern, or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, intensive practicum, or supervised independent fieldwork. Such practice under this exemption requires the direct supervision by a licensed behavior analyst in this state or an instructor in an approved course sequence approved by the board. A student, intern, or postdoctoral fellow shall not represent himself as a behavior analyst and shall use a title that clearly indicates his training status, such as “behavior analysis student”, “behavior analysis intern”, “behavior analysis trainee”, or other title clearly indicating such training status;
    7. an individual who teaches behavior analysis or conducts behavior analytic research, provided that such teaching or research shall not involve the delivery of direct behavior analytic services. Such individual may use the title “behavior analyst” but may not represent himself as a licensed behavior analyst or a state certified assistant behavior analyst unless he holds one of those credentials issued by the board;
    8. an unlicensed individual pursuing experiential training in behavior analysis consistent with the licensure requirements and standards as required by the board, provided such experience is supervised by a licensed behavior analyst.

G.  A licensed behavior analyst is ultimately responsible and accountable for client care and outcomes under their clinical supervision.

H.  A licensed behavior analyst shall exercise sound professional judgment based upon his knowledge, skill, education, training, and experience, and shall perform only those services for which he is competent. If, during evaluation, reassessment or screening, the licensed behavior analyst finds that treatment which is outside the scope of his knowledge, experience, or expertise is needed, the licensed behavior analyst shall notify the client and provide a referral to an appropriate healthcare provider.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704
HISTORICAL NOTE:   Promulgated by the Department of Health, Behavior Analyst Board, LR 50:1823 (December 2024).

203. Professional Responsibilities

A.  Licensed Behavior Analyst and/or State Certified Assistant Behavior Analyst must notify the board in writing of any change in their preferred mailing address, telephone number or email address within 30 days that such change takes effect.

B.  A licensee shall ensure proper completion and timely submission of all applications, transfers, renewals, and/or discontinuations for their supervisees.  Signatures must be originals or electronically verified time stamped.

C.  A licensee and/or certificant must comply with all self-reporting requirements as outlined in the ethics code adopted by the board.

D.  As a mandatory reporter, anyone licensed, certified, or registered by this board is required by law to report suspected or known instances of abuse.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704
HISTORICAL NOTE:   Promulgated by the Department of Health, Behavior Analyst Board, LR 50:1824 (December 2024).

204. Telehealth Standards

  1. A.  This Chapter provides for, promotes, and regulates the use of telehealth.  Further, it defines and establishes the minimum standards for the delivery of applied behavior analysis services when implementing or utilizing telehealth services.  The standard of care for telehealth services shall be substantially equivalent to the standard of care for services delivered in person.

    B.  Applied behavior analysis delivered through telehealth between a licensee and client, separated by distance shall be in compliance with R.S. 40:1223.1 et seq., known as the “Louisiana Telehealth Access Act”, including any amendments thereto. Applied behavior analysis via electronic means shall be held to the same accepted standards as those in traditional (face-to-face) settings.  Utilization of interactive audio without the requirement of video must be determined by the licensee to meet the same standard of care and not be compromised by the use of telehealth or violate R.S. 40:1223.1.

    C.  Licensees who provide telehealth must be licensed in Louisiana and must also be licensed in the state where the client is located, if licensing is required.

    D.  At the onset of telehealth, the licensee shall obtain written informed consent of the client/guardian and shall document such consent in the client’s record.  Electronic signatures (time stamped) may be used in the documentation of informed consent.  Provisions of informed consent shall include:

      1. mode of technology-assisted media being utilized and plans for technical failure;
      2. scheduling and structure of telehealth services;
      3. risks of telehealth;
      4. privacy and limits of confidentiality;
      5. contact between sessions;
      6. emergency plan;
      7. consultation and coordination of care with other professionals;
      8. referrals and termination of services;
      9. information and record keeping;
      10. billing and third-party payors;
      11. ethical and legal rights, responsibilities, and limitations within and across state lines.

    E.  At the onset of each session, the licensee shall verify and document the identity and location of the licensee and the client; and verify the identity of the parent or guardian consenting to the minor’s treatment.

    AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:3704
    HISTORICAL NOTE:   Promulgated by the Department of Health, Behavior Analyst Board, LR 50:1824 (December 2024).

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