§ 38-4409 — Act; applicability; how construed

The Behavior Analyst Practice Act shall not be construed as prohibiting the practice of any of the following:
(1) A licensed psychologist in the State of Nebraska and any person who delivers psychological services under the supervision of a licensed psychologist, if the applied behavior analysis services are provided within the scope of the licensed psychologist's education, training, and competence and the licensed psychologist does not represent that the psychologist is a licensed behavior analyst unless the psychologist is licensed as a behavior analyst under the act;
(2) An individual licensed to practice any other profession in the State of Nebraska and any person who delivers services under the supervision of the licensed professional, if (a) applied behavior analysis is stated in the Uniform Credentialing Act as being in the scope of practice of the profession, (b) the applied behavior analysis services provided are within the scope of the licensed professional's education, training, and competence, and (c) the licensed professional does not represent that the professional is a licensed behavior analyst unless the professional is licensed as a behavior analyst under the act;
(3) A behavior technician who delivers applied behavior analysis services under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst;
(4) A caregiver of a recipient of applied behavior analysis services who delivers those services to the recipient under the extended authority and direction of a licensed behavior analyst. A caregiver shall not represent that the caregiver is a professional behavior analyst;
(5) A behavior analyst who practices with animals, including applied animal behaviorists and animal trainers. Such a behavior analyst may use the title "behavior analyst" but may not represent that the behavior analyst is a licensed behavior analyst unless the behavior analyst is licensed under the act;
(6) A professional who provides 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 a professional may use the title "behavior analyst" but may not represent that the professional is a licensed behavior analyst unless the professional is licensed under the act;
(7) A matriculated college or university student or postdoctoral fellow whose applied behavior analysis activity is part of a defined program of study, course, practicum, internship, or fellowship and is directly supervised by a licensed behavior analyst licensed in Nebraska or a qualified faculty member of a college or university offering a program of study, course, practicum, internship, or fellowship in applied behavior analysis. Such student or fellow shall not represent that the student or fellow is a professional behavior analyst and shall use a title that clearly indicates the trainee status, such as student, intern, or trainee;
(8) An unlicensed individual pursuing experience in applied behavior analysis consistent with the experience requirements of the certifying entity, if such experience is supervised in accordance with the requirements of the certifying entity;
(9) An individual who teaches behavior analysis or conducts behavior-analytic research, if such activities do not involve the direct delivery of applied behavior analysis services beyond the typical parameters of applied research. Such an individual may use the title "behavior analyst" but shall not represent that the individual is a licensed behavior analyst unless the individual is licensed under the act; and
(10) An individual employed by a school district performing the duties for which employed. Such an individual shall not represent that the individual is a licensed behavior analyst unless the individual is licensed under the act, shall not offer applied behavior analysis services to any person or entity other than the school which employs the individual, and shall not accept remuneration for providing applied behavior analysis services other than the remuneration received for the duties for which employed by the school employer.

Legislative History

Source: Laws 2023, LB227, § 9.