HB535 Alabama 2016 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Session

Regular Session 2016

Title

Behavior Analyst Licensing Board, revised to remove maximum fines, establish board within Mental Health, further provide for board members and qualifications for licensure, Secs. 34-5A-3, 34-5A-4, 34-5A-6, 34-5A-7 am'd.

Summary

HB535 would place the Alabama Behavior Analyst Licensing Board within the Department of Mental Health, set member qualifications and governance, create a dedicated board fund, require background checks for licensure, and update licensure rules including renewal and reciprocity.

What This Bill Does

It creates a seven-member board within the Department of Mental Health to oversee behavior analyst licensing, with a defined quorum and term limits. It establishes a dedicated Alabama Behavior Analyst Licensing Board Fund for board operations. It requires criminal background checks for licensure (fingerprints, paid by applicants) and updates licensure rules, including expiration, renewal, reinstatement, and reciprocity with some out-of-state licenses. It grants the board authority to discipline licensees (fines, revocation, suspension) and outlines related procedures and grounds for discipline.

Who It Affects

• Applicants for licensure as a behavior analyst or as an assistant behavior analyst: must meet character and professional standards, undergo background checks, maintain board certification, obtain supervision if applying as an assistant, and follow renewal procedures.
• Current licensees and out-of-state applicants seeking reciprocity: subject to renewal requirements, potential disciplinary actions, and eligibility for licensure through reciprocity if their state has comparable requirements and provides reciprocity.

Key Provisions

• The Alabama Behavior Analyst Licensing Board is established within the Department of Mental Health, Division of Developmental Disabilities; seven members (four licensed behavior analysts, one licensed psychologist, one parent/guardian of a person treated for a behavior disorder or someone who has received services, and one public member); initial terms and diversity requirements specified; terms are three years with staggered start terms; limited to two successive terms.
• A quorum is four members, and the board meets at least twice annually; board can elect a chair annually; board may promulgate rules and set fees.
• The board creates the Alabama Behavior Analyst Licensing Board Fund in the State Treasury to handle receipts and board operations; funds disbursed by the Comptroller with approved vouchers.
• Criminal background checks are required for licensure, including fingerprints; costs paid by applicants; checks conducted through the State Bureau of Investigations or contracted entities; information may be disclosed only as needed to support licensing decisions.
• Licensing requirements include maintaining active certification with the certifying entity; for assistant behavior analysts, active status and ongoing supervision by a licensed behavior analyst are required.
• Reciprocity is allowed for licensees from other states with comparable licensure requirements and offers reciprocity; applicants must provide proof of ethical compliance, current licensure, and current board certification.
• Licenses are issued for two-year periods and expire December 31 of the second year; renewal requires continued certification and renewal fees; late renewals and reinstatement procedures and fees are defined; expired licenses may not be renewed after two years without reissuing a new license.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Boards and Commissions