2016 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
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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 seven
members. One board member must be designated a public member who is a resident of this
state, is at least twenty-one years of age, and is not affiliated with any group or profession that
provides or regulates health care in any form. Of the remaining six board 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. Except the public
member, each member must:
1. Be a resident of this state.
2. Be licensed under this chapter 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.
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
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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.
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. 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.
43-32-13. Annual license and registration fee.
Before November fifteenth of each year, every licensee and registrant shall pay to the
secretary of the board an annual fee determined by the board by rule. The secretary of the
board, upon receipt of payment of the annual fee, shall issue the licensee or registrant a
certificate of annual renewal, which commences on January first. An individual may not hold out
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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 or electronically mail a renewal notice to each licensee and registrant at the address or
electronic mail 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 has expired for failure
to pay the annual fee must be reinstated and the license or registration renewed if, within one
year from the date of expiration, the individual pays to the secretary of the board the amount of
the annual fees in default and a late fee in the amount established by the board by rule.
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. Except as otherwise provided under this
chapter, a person may not engage in the practice of applied behavior analysis unless
that person is a psychologist, is licensed as an applied behavior analyst, or is
registered and supervised as an applied behavior analyst as provided 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. A person
may not use the title "applied behavior analyst" or similar title unless that person is
licensed as an applied behavior analyst. A person may not use the title "registered
applied behavioral analyst" or similar title unless that person is registered and
supervised as a registered applied behavior analyst.
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
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"industrial-organizational psychology resident" unless that person is registered as a
psychology resident or industrial-organizational psychology resident.
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 or registering applicants licensed or registered in other
jurisdictions.
1. The board may grant a license or registration to an applicant who is licensed or
registered in good standing in another jurisdiction that imposes requirements for
licensure or registration and who:
a. Meets standards established by the board; or
b. Is an applicant for licensure as a psychologist who holds a certificate of
professional qualification in psychology issued by an entity approved by the
board, such as the association of state and provincial psychology boards or its
successor.
2. As a condition to qualify for licensure or registration under subsection 1, the board may
require the applicant pass an oral examination on the laws and rules regulating the
practice of psychology, industrial-organizational psychology, or applied behavior
analysis, as appropriate to the licensure or registration sought by the applicant.
3. Notwithstanding any contrary provision of this chapter, the board may issue a license
or registration as authorized under chapter 43-51.
4. The board may grant a provisional license or registration to an applicant while the
application is pending, if the applicant is licensed or registered and is in good standing
in another jurisdiction or is certified by a professional organization that is identified by
the board by rule. The board may not grant a provisional license or registration under
this subsection if in another jurisdiction, within the previous five years, the applicant
had a disciplinary action against the applicant's license or registration.
5. Except as otherwise provided under this chapter, and in accordance with rules
adopted by the board, the board shall issue a limited practice certificate to an applicant
who is licensed or registered in another jurisdiction to practice psychology,
industrial-organizational psychology, or applied behavior analysis. A limited practice
certificate issued under this subsection authorizes the practice of psychology,
industrial-organizational psychology, or applied behavior analysis in this state for no
more than thirty days in a calendar year.
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 that 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 or 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
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2.
which may be postdoctoral. Both years of experience must comply with the
board's rules.
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 an accrediting body approved by the board by
rule, which may include the American psychological association.
c. The applicant has passed the examinations, written or 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
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. Before starting supervised employment, a psychologist
with at least three years of post-license practice experience must be identified as the primary
supervisor. The primary supervisor must have a competency in supervision in professional
psychology in the general area of practice being supervised.
Supervision must occur weekly and consist of at least one hundred hours of direct
supervision, either face-to-face or through distance communications. At least fifty of the hours of
supervision must be with the primary supervisor. Additional hours of supervision may be with
other professionals designated by the supervisor and competent in the area of practice being
supervised. The board may adopt rules to prorate 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 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.
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43-32-24. Notice to applicant of examination results and right to re-examination.
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 re-examined 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.
43-32-26. Issuance and display of license.
The board is the sole agency empowered to examine competence in the practice of
psychology. A certificate of license or registration 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 or registration - 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 or registration issued or
applied for under this chapter and may otherwise discipline a licensee, a registrant, or
an applicant upon proof the applicant, registrant, 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 in the practice of
psychology or applied behavior analysis, 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 or applied behavior analysis 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 license or registration issued
under this chapter or allowed another person to use the licensee's license or
registration.
d. Has used fraud or deception in applying for a license or registration or in taking
an examination under this chapter.
e. Has allowed the licensee's or registrant's name or license or registration issued
under this chapter to be used in connection with any person who performs
psychological or applied behavior analysis 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 and
code of conduct adopted by the board by rule.
h. Has become grossly negligent in the practice of psychology or applied behavior
analysis.
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 or registration revoked or suspended or was disciplined in
another jurisdiction.
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2.
3.
4.
The board may assess costs incurred by the board related to investigations and
disciplinary actions. By rule, the board may set fines for minor infractions of this
chapter.
An individual whose license or registration has been revoked under this section may
not reapply for licensure or registration for at least two years after the date of
revocation.
Other than the term "in good standing", by rule, the board shall define terms related to
license status, such as "revoked", "suspended", "inactive", and "probationary".
43-32-27.1. Complaints - Investigations.
1. A person aggrieved by the actions of a licensee, registrant, or psychology resident
may file a written statement with the board citing the specific allegations of misconduct
by the licensee. The board shall notify the licensee, registrant, or psychology resident
of the allegation and request a written response. The board may establish procedural
exceptions for processing multiple allegations from the same person.
2. The board shall determine if the information in an allegation warrants investigation as
a complaint, without requiring the source of the information to be made a matter of
public record, if the board concludes that good cause exists for preserving the
confidentiality of the source.
3. A licensee, registrant, or psychology resident 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 investigation and providing copies of patient or client
records if reasonably requested by the board and accompanied by the appropriate
release.
4. 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, registrant, or psychology
resident 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. The board may
adopt rules to assign, define duties, and compensate an investigator to assist the
board to process a complaint.
5. 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.
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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". The student or intern status and the supervisor must be
clearly stated.
2. 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.
3. 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.
4. 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.
A person claiming an exemption under this subsection may not represent to be
rendering psychological or applied behavior analysis services.
5. 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.
6. 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.
7. An individual providing applied behavior analysis services to an individual in a public
school setting.
8. 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, applied
behavior analyst, or psychologist.
9. 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.
10 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
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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:
a. 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; and
c. Has established supervision requirements as determined by the board for
practice when applying as a registered applied behavior analyst.
3. 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.
4. 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.
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