General Provisions

V.S.A. tit. 26, ch. 95, subch. 1

in effect

26 V.S.A. § 4901 Purpose and effect

4901. Purpose and effect In order to safeguard the life and health of the people of this State, a person shall not hold himself or herself out as practicing, practice, or offer to practice, as an applied behavior analyst or an assistant behavior analyst unless currently licensed under this chapter. Added 2015, No. 38, § 46, eff. July 1, 2016.

26 V.S.A. § 4902 Definitions

4902. Definitions As used in this chapter: (1) “Applied behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis. (2) “Assistant behavior analyst” means a person who is licensed under this chapter to engage in the practice of applied behavior analysis under the supervision of an applied behavior analyst. (3) “Director” means the Director of the Office of Professional Regulation. (4) “License” means a current authorization granted by the Director permitting the practice of applied behavior analysis. (5) “Practice of applied behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications for the purpose of producing socially significant improvements in and understanding of behavior based on the principles of behavior identified through the experimental analysis of behavior. (A) It includes the identification of functional relationships between behavior and environments. (B) It uses direct observation and measurement of behavior and environment. Contextual factors, establishing operations, antecedent stimuli, positive reinforcers, and other consequences are used, based on identified functional relationships with the environment, in order to produce practical behavior change. Added 2015, No. 38, § 46, eff. July 1, 2016; amended 2015, No. 97 (Adj. Sess.), § 86.

26 V.S.A. § 4903 Prohibitions; offenses

4903. Prohibitions; offenses (a) It shall be a violation of this chapter for any person, including any corporation, association, or individual, to: (1) sell or fraudulently obtain or furnish any applied behavior analysis degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet another person to do so; (2) practice applied behavior analysis under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (3) practice applied behavior analysis unless currently licensed or otherwise authorized to do so under the provisions of this chapter; (4) represent himself or herself as being licensed or otherwise authorized by this State to practice applied behavior analysis or use in connection with a name any words, letters, signs, or figures that imply that a person is an applied behavior analyst or assistant behavior analyst when not licensed or otherwise authorized under this chapter; (5) practice applied behavior analysis during the time a license or authorization issued under this chapter is suspended or revoked; or (6) employ an unlicensed or unauthorized person to practice as an applied behavior analyst or assistant behavior analyst. (b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. Added 2015, No. 38, § 46, eff. July 1, 2016.

26 V.S.A. § 4904 Exceptions

4904. Exceptions This chapter does not prohibit: (1) The practice of a person who is not licensed under this chapter, who does not use the term “behavior analysis” or similar descriptors suggesting licensure under this chapter, and who is engaged in the course of his or her customary duties: (A) in the practice of a religious ministry; (B) in employment or rehabilitation counseling; (C) as an employee of or under contract with the Agency of Human Services; (D) as a mediator; (E) in an official evaluation for court purposes; (F) as a member of a self-help group, such as Alcoholics Anonymous, peer counseling, or domestic violence groups, whether or not for consideration; (G) as a respite caregiver, foster care worker, or hospice worker; or (H) incident to the practice of any other legally recognized profession or occupation. (2) A person engaged or acting in the discharge of his or her duties as a student of applied behavior analysis or preparing for the practice of applied behavior analysis, provided that the person’s title indicates his or her training status and that the preparation occurs under the supervision of an applied behavior analyst in a recognized training institution or facility. (3) A behavior interventionist or paraprofessional, employed by a school, from working under the close direction of a supervisor licensed under this chapter, in relation to the direct implementation of skill-acquisition and behavior-modification plans developed by the supervisor or in relation to data collection or assessment designed by the supervisor, provided the supervisor retains ultimate responsibility for delegating professional responsibilities in a manner consistent with 3 V.S.A. § 129a(a)(6). Added 2015, No. 38, § 46, eff. July 1, 2016.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/26/095Fetched: 10/21/2026