2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-32 Psychologists
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CHAPTER 43-32
PSYCHOLOGISTS
43-32-01. Definitions.
1. "Applied behavior analyst" means an individual licensed under this chapter as an
applied behavior analyst. The term does not include a registered applied behavior
analyst.
2. "Autism spectrum disorder" means a neurobiological medical condition that includes
autistic disorder, Asperger's disorder, pervasive development disorder not otherwise
specified, Rett's disorder, and childhood disintegrative disorder.
3. "Board" means the North Dakota state board of psychologist examiners.
4. "Industrial-organizational psychologist" means an individual who is licensed under this
chapter to engage in the practice of industrial-organizational psychology.
5. "Industrial-organizational psychology" means the provision of psychological research
services or consultation services to a group or an organization. The term does not
include the delivery or supervision of services to individuals who are themselves,
rather than the group or organization, the intended beneficiaries of the services,
regardless of the source or extent of payment for services rendered.
6. "Industrial-organizational psychology resident" means an individual who has met the
requirement of subdivision b of subsection 2 of section 43-32-20, is involved in
supervised employment in industrial-organizational psychology, and has registered
with the board.
7. "Licensee" means an industrial-organizational psychologist, an applied behavior
analyst, or a psychologist.
8. "Practice of applied behavior analysis":
a. Means the application of the principles, methods, and procedures of the
experimental analysis of behavior and applied behavior analysis, including
principles of operant and respondent learning. The term includes applications of
those principles, methods, and procedures to:
(1) Design, supervise, evaluate, and modify treatment programs to change the
behavior of individuals diagnosed with an autism spectrum disorder;
(2) Design, supervise, evaluate, and modify treatment programs to change the
behavior of individuals;
(3) Design, supervise, evaluate, and modify treatment programs to change the
behavior of groups; and
(4) Consult with individuals and organizations.
b. The term does not include diagnosis, counseling, psychological testing,
personality
assessment,
intellectual
assessment,
neuropsychological
assessment, psychotherapy, cognitive therapy, sex therapy, family therapy,
coordination of care, psychoanalysis, hypnotherapy, and long-term counseling as
treatment modalities.
9. "Practice of psychology" means the observation, description, evaluation, interpretation,
or modification of human behavior by the application of psychological principles,
methods, and procedures for the purpose of preventing or eliminating symptomatic,
maladaptive, or undesired behavior and enhancing interpersonal relationships, work
and life adjustment, personal effectiveness, behavioral health, and mental health. The
term includes psychological testing and the evaluation or assessment of personal
characteristics, such as intelligence, personality, abilities, interests, aptitudes, and
neuropsychological functioning; counseling, psychotherapy, biofeedback, behavior
analysis and therapy, clinical applications of hypnosis, and other therapeutic
techniques based on psychological principles; diagnosis and treatment of mental and
emotional disorder or disability, compulsive disorders, disorders of habit or conduct as
well as of the psychological aspects of physical illness, accident, injury, or disability;
and psychoeducational evaluation, therapy, remediation, and consultation. The term
includes providing psychological services to individuals, families, groups,
organizations, institutions, and the public regardless of whether payment is received
Page No. 1
10.
11.
12.
13.
for services rendered. The term includes supervising others who are engaged in the
practice of psychology.
"Psychologist" means an individual who is licensed under this chapter in the practice
of psychology.
"Psychology resident" means an individual who has met the requirement of
subdivision b of subsection 1 of section 43-32-20, is involved in supervised
psychological employment, and has registered with the board.
"Registered applied behavior analyst" or "registrant" means an individual who is
registered under this chapter as a registered applied behavior analyst and is
supervised by a licensed psychologist or applied behavior analyst. The term does not
include an applied behavior analyst.
"School or college" means any university or other institution of higher learning which is
accredited by a regional accrediting association, offering a full-time graduate course of
study in industrial-organizational psychology, psychology, or applied behavior analysis,
as appropriate.
43-32-02. State board of psychologist examiners - How appointed - Qualifications.
The governor shall appoint a state board of psychologist examiners consisting of five
members. At least one member must be engaged primarily in providing service in psychology,
and at least one member must be engaged primarily in teaching, training, or research in
psychology. Each member must:
1. Be a resident of this state.
2. Be a psychologist licensed under this chapter.
3. Have received a doctorate degree in psychology from a school or college at least five
years before appointment.
4. Have actively engaged in the practice of teaching or research of psychology for at
least five years.
43-32-03. Tenure of members - Vacancies and oath of office.
The term of office of each member of the board is three years and until a successor is
appointed and qualified. The governor shall fill all vacancies by appointment. In case of a
vacancy before the expiration of a term, the appointment must be for the remainder of the term
only. An individual appointed to the board qualifies by taking the oath required of civil officers.
43-32-04. Removal of members.
The governor may remove any member of the board for unprofessional conduct,
incompetency, or neglect of duty after giving such member a written statement of the reasons
for removal and after such member has had an opportunity to be heard thereon.
43-32-05. Compensation of members - Expenses of board and members.
Each member of the board serves without compensation, but is entitled to receive mileage
and travel expenses while engaged in the performance of board duties as provided in section
54-06-09. The secretary of the board is entitled to receive salary or other compensation and
allowance for clerical and other expenses of the board, as the board determines.
43-32-06. Officers of the board.
The board shall elect annually a president and vice president from its own number and a
secretary who need not be a member of the board.
43-32-06.1. Authority to appoint or employ.
The board may appoint or employ persons to assist the board in carrying out its duties
under this chapter.
Page No. 2
43-32-07. Meetings of board - Seal of board.
The board shall hold at least one regular meeting each year. Additional meetings may be
held upon call of the president or at the written request of the governor or of any two members
of the board. The meetings must be held at such places as the board may designate. The board
must have a seal.
43-32-08. Rules.
The board may adopt rules as necessary to enable the board to carry into effect the
provisions of this chapter. The rules may include a code of ethics for licensees and registrants.
The board shall adopt rules defining what programs of study are substantially psychological in
nature; what educational programs are acceptable for the licensing of psychologists and applied
behavior analysts and for registering registered applied behavior analysts; and what educational
programs are acceptable for the licensing of industrial-organizational psychologists. The
educational program rules for industrial-organizational psychologists must take into account the
availability of professionally accredited programs in the field of industrial-organizational
psychology.
43-32-08.1. Continuing education requirements.
The board shall adopt rules establishing requirements for the continuing education of
licensees, psychology residents, registrants, and industrial-organizational psychology residents.
The board may refuse to renew, suspend, revoke, or place on probationary status any license or
registration issued under this chapter if the licensee or registrant fails to meet applicable
continuing education requirements. Applicants for accreditation of continuing education courses,
classes, or activities may be charged a reasonable fee determined by the board.
43-32-08.2. Continuing education requirements - Renewal.
Absent a showing of good cause, the board may not renew a license or registration issued
under this chapter without proof the continuing education requirements under section
43-32-08.1 have been met. An individual whose license or registration is not renewed because
of failure to meet the continuing education requirements must be reinstated and the license or
registration renewed if, within one year from the date of nonrenewal, the individual
demonstrates to the secretary of the board the continuing education requirements have been
satisfied, pays the renewal fee, and pays a late fee to be determined by rule of the board.
43-32-09. Examination of qualifications of applicants.
The board shall examine for, deny, approve, revoke, suspend, and renew the licensing and
registration of applicants as provided under this chapter.
43-32-10. Power of board to administer oaths - Conduct hearings - Summon
witnesses - Take testimony.
The members of the board and the secretary may administer oaths. The board may
summon witnesses as provided in chapter 28-32 and take testimony in all matters relating to its
duties, including the enforcement of the provisions and purposes of this chapter and the rules
adopted by the board.
43-32-11. Annual reports.
Each year, the board may transmit to the governor, with a copy thereof to the secretary of
state and to the North Dakota psychological association, a full report of all activities under this
chapter, together with a report of all receipts and disbursements.
43-32-12. Application and fee for licensure and registration.
The board shall adopt rules establishing the amount of the application fee for licensure and
registration by written and oral examination and by reciprocity. A fee is not refundable, in whole
or in part, except for failure of the board to hold examinations at the time originally announced,
in which event the entire fee must be refunded upon demand by the applicant.
Page No. 3
43-32-13. Annual license and registration fee.
Before January first of each year, every licensee and registrant shall pay to the secretary of
the board an annual fee determined by the board not to exceed one hundred fifty dollars. The
secretary of the board, upon receipt of payment of the annual fee, shall issue the licensee or
registrant a certificate of annual renewal. An individual may not hold out as an
industrial-organizational psychologist, an applied behavior analyst, a registered applied behavior
analyst, or a psychologist until the annual fee is paid. The board may deny renewal of the
license or registration of an individual who violates this section. Annually, the board shall mail a
renewal notice to each licensee and registrant at the address on file with the board.
43-32-14. Payment of delinquent annual fee - Reinstatement.
An individual whose license or registration issued under this chapter was revoked for failure
to pay the annual fee must be reinstated and the license or registration renewed if, within one
year from the date of revocation, the individual pays to the secretary of the board the amount of
the annual fees in default and a late fee in the amount of twenty dollars.
43-32-15. Deposit and disbursement of fees.
Repealed by S.L. 1971, ch. 510, § 15.
43-32-16. Board to keep records.
1. The board shall keep a record of its proceedings and a register of all applicants for
licensing or registration which must show:
a. The name, age, and residence of each applicant.
b. The date of each applicant's application.
c. The place of business of each applicant.
d. A summary of the educational and other qualifications of each applicant.
e. Whether an examination was required of an applicant.
f. Whether a license or registration was granted to an applicant.
g. The date of the action of the board.
h. Any information the board determines necessary or advisable in aid of the
requirements of this subsection.
2. Except as otherwise provided by law, the records of the board are public records and
evidence of the proceedings of the board, and a transcript of board proceedings, duly
certified by the secretary of the board, bearing the seal of the board, is admissible in
evidence with the same effect as if the original were produced.
43-32-17. License required for practice - Titles.
1. Except as otherwise provided under this chapter, a person may not engage in the
practice of psychology unless that person is licensed as a psychologist or is registered
as a psychology resident under this chapter. Except as otherwise provided by this
chapter, a person may not engage in the practice of industrial-organizational
psychology unless that person is licensed as a psychologist or industrial-organizational
psychologist or is registered as a psychology resident or industrial-organizational
psychology resident under this chapter.
2. A person may not use the title "psychologist" or similar title unless that person is
licensed as a psychologist. A person may not use the titles "industrial psychologist",
"organizational psychologist", or "industrial-organizational psychologist" unless that
person is licensed as a psychologist or industrial-organizational psychologist.
3. A person may not use the title "psychology resident" or similar title unless that person
is registered as a psychology resident. A person may not use the titles "industrial
psychology
resident",
"organizational
psychology
resident",
or
"industrial-organizational psychology resident" unless that person is registered as a
psychology resident or industrial-organizational psychology resident.
Page No. 4
43-32-18. Licensing of psychologists without examination - Qualifications of
applicants.
Repealed by S.L. 1997, ch. 378, § 20.
43-32-19. Licensing applicants from other states.
Repealed by S.L. 2009, ch. 376, § 11.
43-32-19.1. Licensing applicant licensed in other jurisdictions.
1. The board may grant a license to an applicant, licensed in good standing in another
jurisdiction, who passes the oral examination on the law and rules regulating the
practice of psychology, industrial-organizational psychology, or applied behavior
analysis and meets one of the following requirements:
a. The applicant is licensed in a jurisdiction that imposes requirements for licensure
which are at least as stringent as the requirements imposed in this state.
b. The applicant holds a certificate of professional qualification in psychology issued
by the association of state and provincial psychology boards or its successor.
2. The board shall grant a provisional license or registration to an applicant to be an
applied behavior analyst or registered applied behavior analyst while the application is
pending, provided the applicant is:
a. Licensed or registered and is in good standing in another jurisdiction; or
b. Certified in good standing with the national behavior analyst certification board.
43-32-20. Licensing - Written and oral examination - Qualifications of applicants.
The board shall issue a license to each applicant who files an application upon a form and
in a manner the board prescribes, submits the required fee, and meets the requirements of
subsection 1 or 2.
1. An applicant for licensure as a psychologist shall demonstrate all of the following:
a. The applicant will adhere to the American psychological association ethical
principles of psychologists and code of conduct adopted by the board by rule.
b. The applicant has received, from a school or college, a doctorate degree in a
program which meets any of the following requirements:
(1) The program is accredited by the American psychological association or the
Canadian psychological association.
(2) The program is designated as a doctoral program in psychology by the
association of state and provincial psychology boards.
(3) The program is accredited as a doctoral program in psychology by an
accrediting body approved by the board by rule.
c. The applicant has passed the examinations, written, oral, or both, as the board
determines necessary.
d. The applicant has completed at least two full years of supervised professional
experience, one year of which must be an internship program, and one year of
which may be postdoctoral. Both years of experience must comply with the
board's rules.
2. An applicant for licensure as an industrial-organizational psychologist shall
demonstrate all of the following:
a. The applicant will adhere to the American psychological association ethical
principles of psychologists and code of conduct adopted by the board by rule.
b. The applicant has received, from a school or college, a doctorate degree in a
program of studies accredited by the American psychological association or an
accrediting body approved by the board by rule.
c. The applicant has passed the examinations, written, oral, or both, as the board
determines necessary.
d. The applicant has completed the professional experience requirements
established by the board. The requirements may not exceed the professional
Page No. 5
experience requirements for psychologists. If the professional experience
requirements include a supervised experience requirement:
(1) The board must allow an applicant to submit to the board a personalized
plan for supervised experience which may include distance-supervision by a
qualified industrial-organizational psychologist.
(2) The board may adopt rules to establish who is qualified to perform
supervision, supervision requirements, and reporting.
43-32-20.1. Postdoctoral supervised psychological employment.
This section applies to postdoctoral supervised employment in the practice of psychology
and industrial-organizational psychology. Supervision may only be performed by a psychologist
or industrial-organizational psychologist with a competency in supervision in professional
psychology in the area of practice being supervised.
Supervision must include at least two hours of regularly scheduled direct supervision a
week for full-time employment, one hour of which must be with the supervisor on a one-to-one
basis, either face-to-face or through distance communications. The remaining hour may be with
other professionals designated by the supervisor and competent in the area of practice being
supervised. The board may prorate the two hours per week of supervision for individuals
preparing for licensure on a part-time basis.
The board may adopt rules regarding postdoctoral psychology and industrial-organizational
psychology supervision requirements and reporting.
43-32-21. Consideration of application and notice to applicant.
Upon investigation of the application and other evidence submitted, the board, not less than
thirty days before the examination, shall notify each applicant that the application and evidence
submitted for licensing is satisfactory and accepted, or unsatisfactory and rejected. If rejected,
the notice must state the reasons for rejection and explain the right to a hearing under chapter
28-32, if a hearing is requested within thirty days.
43-32-22. Time and place of examination.
The time and place of examination must be designated by the board and notice thereof
must be given to each applicant. Such examinations must be given annually and at such other
times as in the opinion of the board the number of applicants warrants.
43-32-23. Scope and grading of examination.
The board shall determine the subject and scope of specialized psychological areas and
techniques for examination. Written examinations may be supplemented by oral examinations
as the board may determine necessary. The board shall determine an acceptable level of
performance for each examination and a majority decision of the board is required for the
issuing of a license.
43-32-24. Notice to applicant of examination results and right to reexamination.
The board shall state in writing its reason for refusal of a license to any applicant who has
been so denied. An applicant who fails the examination may be reexamined at a subsequent
examination upon again paying the required examination fee.
43-32-25. Retention of examination records.
The board shall keep the written examination score report, an accurate recording of the
questions and answers relating to the oral examinations, and the grade assigned to each
answer thereof as a part of the board's records for at least two years following the date of the
examination. In addition, the board shall keep a permanent record of all written examination
score reports.
Page No. 6
43-32-26. Issuance and display of license.
The board is the sole agency empowered to examine competence in the practice of
psychology. A license certificate issued by the board must show the full name of the licensee,
have a serial number, be signed by the president of the board, and be attested by the secretary
under the board's adopted seal. The license issued by the board under this chapter must be
prominently displayed at the principal place of business at which the licensee practices.
43-32-27. Denial - Revocation or suspension of license - Grounds.
1. The board, after notice, hearing, and an affirmative vote of at least a majority of board
members, may withhold, deny, revoke, or suspend any license issued or applied for
under this chapter and may otherwise discipline a licensee or an applicant upon proof
the applicant or licensee:
a. Has been convicted of an offense determined by the board to have a direct
bearing upon an individual's ability to serve the public as a psychologist or
industrial-organizational psychologist, or if the board finds, after the conviction of
any offense, that an individual is not sufficiently rehabilitated under section
12.1-33-02.1.
b. Is unable to practice psychology with reasonable skill and safety to clients or
patients by reason of illness, inebriation, misuse of drugs, narcotics, alcohol,
chemicals, or any other substance, or as a result of any mental or physical
condition.
c. Has
impersonated
another
individual
holding
a
psychology
or
industrial-organizational psychology license or allowed another person to use the
licensee's license.
d. Has used fraud or deception in applying for a license or in taking an examination
under this chapter.
e. Has allowed the licensee's name or license issued under this chapter to be used
in connection with any person who performs psychological services outside of the
area of that person's training, experience, or competence.
f. Is legally adjudicated insane or mentally incompetent. The record of the
adjudication is conclusive evidence of that fact.
g. Has engaged in any form of unethical conduct as defined in ethical principles of
psychologists and code of conduct of the American psychological association
adopted by the board by rule.
h. Has become grossly negligent in the practice of psychology or
industrial-organizational psychology.
i. Has willfully or negligently violated this chapter.
j. Has engaged in an act in violation of rules adopted by the board.
k. Has had a license revoked or suspended or was disciplined in another
jurisdiction.
2. An individual whose license has been revoked under this section may not reapply for
licensure for at least two years after the date of revocation.
43-32-27.1. Complaints - Investigations.
1. A person aggrieved by the actions of a licensee may file a written complaint with the
board citing the specific allegations of misconduct by the licensee. The board shall
notify the licensee of the complaint and request a written response from the licensee.
The board may establish procedural exceptions for processing multiple complaints
from the same complainant.
2. The board may investigate a complaint on the board's own motion, without requiring
the identity of the complainant to be made a matter of public record, if the board
concludes that good cause exists for preserving the confidentiality of the complainant.
3. A licensee who is the subject of an investigation by the board shall cooperate fully with
the investigation. Cooperation includes responding fully and promptly to any
reasonable question raised by or on behalf of the board relating to the subject of the
Page No. 7
4.
5.
investigation and providing copies of patient or client records if reasonably requested
by the board and accompanied by the appropriate release.
In order to pursue an investigation, the board may subpoena and examine witnesses
and records, including patient and client records, and may copy, photograph, or take
samples of the records. The board may require the licensee to give statements under
oath, to submit to a physical or psychological examination, or both, by a physician or
other qualified evaluation professional selected by the board, if requiring an
examination is in the best interest of the public. The patient and client records released
to the board are not public records.
Unless a patient or client release is on file allowing the release of information at the
public hearing, patient and client records acquired by the board in the board's
investigation are confidential and closed to the public. All board meetings at which
patient or client testimony or records are taken or reviewed are confidential and closed
to the public. If patient or client testimony or records are not taken or reviewed, the
remainder of the meeting is an open meeting unless a specific exemption is otherwise
applicable.
43-32-28. Notice - Hearing - Findings of fact and order.
Repealed by S.L. 1997, ch. 378, § 20.
43-32-28.1. Hearing.
All hearings must be conducted pursuant to chapter 28-32. For purposes of a hearing,
section 28-32-21 applies only to the licensee or applicant.
43-32-29. Appeal from decision of board.
An appeal from the final decision of the board in any matter covered by this chapter may be
taken to the Burleigh County district court or the aggrieved party's county of residence in
accordance with chapter 28-32.
43-32-30. Persons exempt from this chapter.
This chapter does not apply to:
1. A student or intern pursuing a course of study in psychology, industrial-organizational
psychology, or applied behavior analysis at a school or college, if the activities and
services are a part of the individual's supervised course of study and are under the
supervision of a licensed psychologist, industrial-organizational psychologist, or
applied behavior analyst. The student or intern may not use the title "psychologist",
"industrial-organizational psychologist", "licensed behavior analyst", or "registered
applied behavior analyst" and the student or intern status must be clearly stated.
2. A nonresident licensed, registered, or certified in the state of the individual's residence
who does not practice psychology, industrial-organizational psychology, or applied
behavior analysis in this state for a period of more than thirty days in any calendar
year.
3. A lecturer, from any school or college, who uses an academic or research title when
lecturing to institutions or organizations. However, the lecturer may not engage in the
practice of psychology, applied behavior analysis, or industrial-organizational
psychology unless the lecturer is licensed or registered under this chapter.
4. An individual employed by a public school if that individual's activities and services are
restricted to the practice of psychology in the district or service unit of employment.
This exemption applies only if the individual has received a master's degree in school
psychology from an accredited graduate training program. Standards must be
established by mutual consent of the board and the superintendent of public
instruction.
5. A person certified, licensed, or registered in this state in another health care
profession, or as a member of the clergy functioning in a ministerial capacity, whose
scope of practice is consistent with the accepted standards of that person's profession.
Page No. 8
6.
7.
8.
9.
10.
11.
A person claiming an exemption under this subsection may not represent to be
rendering psychological or applied behavior analysis services.
An applicant licensed to practice psychology or industrial-organizational psychology in
another jurisdiction, pending disposition of the applicant's application in this state, if the
applicant notifies the board on a form provided by the board of the applicant's intent to
practice pending disposition of the application and the applicant adheres to the
requirements of this chapter and the rules adopted by the board.
A person employed by an agency, a nonprofit corporation, or an institution if that
person is currently exempt from licensure. A person exempt under this subsection
continues to be exempt if the person continues employment in the same position with
the agency, nonprofit corporation, or institution that applied for and received the
exemption.
An individual providing applied behavior analysis services to an individual in a public
school setting.
An individual providing applied behavior analysis services to an individual served by a
public or private service agency licensed by the state to provide residential,
habilitative, vocational, or social support services as defined by the board when
performed as part of an individual support plan supervised by a professional employee
meeting the requirements of that agency's licensure standards, provided the
professional employee does not represent to the public as a registrant or an applied
behavior analyst.
An individual 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 or by the individual served in any setting, if the individual or
caregiver does not represent as a registrant or an applied behavior analyst.
An individual licensed as an occupational therapist or an occupational therapy
assistant pursuant to chapter 43-30 within the body of knowledge and scope of
professional practice of occupational therapy.
43-32-31. Violation - Penalty - Injunction.
Any person who violates any of the provisions of this chapter is guilty of a class B
misdemeanor. In addition to the criminal penalties provided, the civil remedy of injunction is
available to restrain and enjoin violations of any provisions of this chapter without proof of actual
damages sustained by any person.
43-32-32. Drugs - Medicine.
This chapter may not be construed as permitting a licensee to administer or prescribe
drugs, or in any manner engage in the practice of medicine as defined by the laws of this state.
43-32-33. Applied behavior analysis - Licensure or registration required - Titles.
Unless a registrant, an applied behavior analyst, or a psychologist, a person may not:
1. Engage in the practice of applied behavior analysis or render services designated as
applied behavior analysis or hold out as a practitioner of applied behavior analysis in
this state; or
2. Use the title "licensed applied behavior analyst" or "registered applied behavior
analyst" or any title that is substantially the same unless licensed or registered by the
board under this chapter.
43-32-34. Applied behavior analysis - Renewal - Fees.
1. The board shall issue a license or registration to each applicant who files an
application for registration as a registered applied behavior analyst or for licensure as
an applied behavior analyst upon a form and in a manner the board prescribes;
submits the required fee established by the board; and demonstrates the applicant
meets the requirements of subsection 2.
2. An applicant under this section shall demonstrate the applicant:
Page No. 9
a.
3.
4.
5.
Has met board-approved education requirements, such as the education
requirements of the board-certified behavior analyst standards;
b. Has passed a board-approved demonstration of professional competence, such
as a standardized examination specific to the profession such as the
board-certified behavior analyst examination;
c. Is credentialed as a behavior analyst by a board-approved credentialing entity,
such as the behavior analyst certification board; and
d. Has established supervision requirements as determined by the board for
practice when applying as a registered applied behavior analyst.
The board may withhold, deny, revoke, or suspend a license or registration for applied
behavior analyst applied for or issued under this chapter and otherwise may discipline
a license or registration holder or applicant in the same manner provided under section
43-32-27.
A complaint regarding or board investigation of a licensed or registered applied
behavior analyst is filed or conducted in the same manner as provided under section
43-32-27.1.
If an individual employed in the state on August 1, 2011, in the practice of applied
behavior analysis submits to the board a written request before January 1, 2013, the
required license or registration application fee, and a written statement from the
applicant's employer that the applicant's employment remains satisfactory, the board
shall issue to that applicant:
a. A license as an applied behavior analyst if the applicant is employed in a position
granted license exemption by the board and submits a letter of endorsement from
the licensed psychologist supervisor.
b. A license as an applied behavior analyst if the applicant has a master's degree in
psychology and is employed as a behavior analyst as verified in writing by the
applicant's employer. Acceptable work titles for an applicant under this
subdivision include behavior analyst, behavior interventionist, and behavior
modification specialist.
c. Registration as an applied behavior analyst if the applicant has a bachelor's
degree; provides a board-approved plan of supervision from a licensed
psychologist or applied behavior analyst; and is employed as a behavior analyst
as verified in writing by the applicant's employer. Acceptable work titles for an
applicant under this subdivision include behavior analyst, behavior interventionist,
and behavior modification specialist.
Page No. 10
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