§ 43-7a-7 — Other practices not prohibited

Georgia § 43-7a-7

• Jurisdiction: Georgia
• Title: 43

Text

The provisions of this chapter shall not be construed to prohibit or restrict the practice of any of the following: (1) An individual licensed to practice psychology in this state, so long as the applied behavior analysis services provided by the licensed psychologist are within his or her education, training, and experience or an individual acting under the extended authority and direction of a licensed psychologist; (2) A behavior technician who delivers applied behavior analysis services under the extended authority, close and ongoing supervision, and responsibility of a licensed behavior analyst or a licensed assistant behavior analyst. Such individuals shall not represent themselves as professional behavior analysts and shall use titles that indicate their nonprofessional status, such as "ABA technician," "behavior technician," or "tutor"; (3) A caregiver of a recipient of applied behavior analysis services who delivers such services to the recipient under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst. Such individuals shall not represent themselves as professional behavior analysts; (4) A behavior analyst who practices with nonhuman or nonpatient clients or consumers, including, but not limited to, applied animal behaviorists and practitioners of organizational behavior management. Such individuals may use the title "behavior analyst" but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter; (5) A licensed professional authorized to practice in this state who is not a behavior analyst, so long as the licensed professional does not represent that he or she is a licensed behavior analyst or licensed assistant behavior analyst and so long as any applied behavior analysis services performed are within the scope of practice of his or her profession and are commensurate with the licensed professional's education, training, and experience; (6) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum, provided that such program of study, practicum, or intensive practicum is directly supervised by a licensed behavior analyst or an instructor in a course sequence approved by a certifying entity. Such individuals shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter and shall only use titles that clearly indicate their trainee status, such as "student," "intern," or "trainee"; (7) Unlicensed individuals pursuing experience in applied behavior analysis consistent with the experience requirements of a certifying entity, provided that such experience is supervised in accordance with the requirements of a certifying entity and that such experience is supervised by a licensed behavior analyst; (8) Professionals who provide general applied behavior analysis services to organizations, so long as those services are for the benefit of the organizations and do not involve direct services to individuals. Such individuals may use the title "behavior analyst" but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter; (9) Individuals who teach behavior analysis or conduct behavior analysis research, provided that such teaching or research does not involve the direct delivery of applied behavior analysis services. Such individuals may use the title "behavior analyst" but shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts unless they are licensed pursuant to this chapter; (10) Behavior analysts licensed in another jurisdiction or certified by the certifying entity to practice independently and who work in Georgia no more than a total of 30 days within a calendar year and have received a temporary behavior analyst license pursuant to this chapter; (11) An individual employed by a local board of education performing the duties of their positions; provided, however, that such individuals shall not represent themselves as licensed behavior analysts or licensed assistant behavior analysts or offer or provide applied behavior analysis services to any persons or entities other than their employing local board of education or accept remuneration for providing applied behavior analysis services other than the remuneration they receive from their employing local board of education unless he or she is licensed pursuant to this chapter; (12) Individuals providing behavior support services covered under the Medicaid Comprehensive Supports Waiver Program (COMP) or New Options Waiver (NOW) program; or (13) A licensed physician who is practicing medicine.

Legislative History

Added by 2022 Ga. Laws 811,§ 1, eff. 7/1/2023.