Notice - Arizona Board Certified Behavior Analysts (BCBAs)

The purpose of this announcement is to promote awareness with respect to Arizona’s statutory requirements for practice and service delivery, and also to enable certain unlicensed BCBAs who are providing services in Arizona a reasonable amount of time with which to come into compliance with Arizona’s licensure requirements.

Summary of the Issue:

In recent months, questions have been raised concerning this behavior analyst licensure exemption in A.R.S. 32-2091.08(A)(1): A behavior analyst who is employed in a common school, high school or charter school setting and who is certified to use that title by the department of education if the services or activities are a part of the duties of that person's common school, high school or charter school employment.

The Arizona Department of Education (DOE) has confirmed that behavior analyst certification cited above does not exist, as the DOE does not have the statutory authority to certify behavior analysts.

The Board and the Committee on Behavior Analysts (Committee) have discussed concerns relative to the potential for unlicensed practice to occur if incorrect assumptions are made about the language of A.R.S. 32-2091.08(A)(1). These discussions reflect the need for improved recognition that there is a statutory licensure exemption that cannot be attained. More information can be found in the minutes of the Committee’s March 29, 2024 meeting minutes, and in the minutes of the Board’s April 5, 2024 meeting.

Compliance Strategy:

The Board is mandated to enforce Arizona’s behavior analyst licensure requirements, but in doing so it has established a path to compliance for any BCBA employed in an Arizona school who is not licensed by the Board:

• Any BCBA working in a school setting who is not currently licensed shall be granted until June 1, 2025 to submit to the Board an application for behavior analyst licensure.
• The Board shall adjudge the adherence to this deadline to reflect willingness on the part of the applicant BCBA to comply with Arizona’s licensure requirements, consistent with A.R.S. 32-2091.08(A)(1):  It is a class 2 misdemeanor for a person who is not licensed pursuant to this article to engage in the practice of behavior analysis. 
• Schools may wish to pursue alternative strategies, such as to require BCBAs to acquire an appropriate certification that is available through application and meeting the requirements of the DOE.
• The Board’s statutes and rules, including Arizona’s licensure requirements, are found here. Information on applying for licensure in Arizona is here.