1| SENATE FLOOR VERSION |
| February 16, 2026 |
2| AS AMENDED |
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3|SENATE BILL NO. 1557 By: Rosino of the Senate |
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4| and |
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5| Newton of the House |
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6| |
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7| |
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8| An Act relating to applied behavior analysis; |
| amending 59 O.S. 2021, Section 1928, which relates to |
9| licensing of behavior analysts; modifying |
| definitions; transferring certain powers and duties |
10| from the Department of Human Services to the State |
| Board of Examiners of Psychologists; granting certain |
11| additional power to the Board; requiring a national |
| criminal history record check for applicants; |
12| prohibiting certain dissemination of information; |
| updating statutory language and references; modifying |
13| certain fee limit; and providing an effective date. |
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14| |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 59 O.S. 2021, Section 1928, is |
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18|amended to read as follows: |
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19| Section 1928. A. As used in this act section and Sections |
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20|1-280.1, 1-280.2, and 1-280.3 of Title 63 of the Oklahoma Statutes: |
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21| 1. a. "Applied behavior analysis" means the design, |
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22| implementation, and evaluation of instructional and |
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23| environmental modifications to produce socially |
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24| significant improvements in human behavior through |
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1| skill, acquisition, and the reduction of problematic |
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2| behavior. An applied behavior analysis program shall: |
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3| (1) be based on empirical research including the |
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4| direct observation and measurement of behavior as |
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5| well as a functional behavior assessment, and |
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6| (2) utilize antecedent stimuli, positive |
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7| reinforcement, and other consequences to produce |
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8| behavior change. |
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9| b. Applied behavior analysis does not include cognitive |
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10| therapies or psychological testing, neuropsychology, |
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11| psychotherapy, sex therapy, psychoanalysis, |
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12| hypnotherapy, and long-term counseling as treatment |
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13| modalities; |
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14| 2. "Board" means the nationally accredited Behavior Analyst |
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15|Certification Board State Board of Examiners of Psychologists; |
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16| 3. "Certified assistant behavior analyst" means an individual |
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17|who is certified by the national Behavior Analyst Certification |
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18|Board as a Board Certified Assistant Behavior Analyst and certified |
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19|by the State Board of Examiners of Psychologists; |
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20| 4. "Human services professional" means an individual licensed |
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21|or certified by the state as one of the following: |
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22| a. a licensed physical therapist or physical therapist |
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23| assistant pursuant to Sections 887.1 through 887.18 |
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24| |
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1| 887.19 of Title 59 of the Oklahoma Statutes this |
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2| title, |
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3| b. an occupational therapist, occupational therapy |
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4| assistant, or occupational therapy aide pursuant to |
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5| Sections 888.1 through 888.15 of Title 59 of the |
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6| Oklahoma Statutes this title, |
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7| c. a licensed clinical social worker, licensed masters |
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8| social worker, or social work associate pursuant to |
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9| Sections 1250 through 1273 of Title 59 of the Oklahoma |
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10| Statutes this title, |
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11| d. a psychologist or health service psychologist |
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12| pursuant to Sections 1351 through 1376 of Title 59 of |
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13| the Oklahoma Statutes this title, |
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14| e. a licensed speech pathologist, licensed audiologist, |
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15| speech-language pathologist or audiologist pursuant to |
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16| Sections 1601 through 1622 of Title 59 of the Oklahoma |
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17| Statutes this title, |
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18| f. a licensed professional counselor or licensed |
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19| professional counselor candidate pursuant to Sections |
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20| 1901 through 1920 of Title 59 of the Oklahoma Statutes |
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21| this title, |
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22| g. a licensed marital and family therapist or licensed |
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23| marital and family therapist candidate pursuant to |
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24| |
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1| Sections 1925.1 through 1925.18 of Title 59 of the |
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2| Oklahoma Statutes this title, or |
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3| h. a licensed behavioral practitioner or licensed |
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4| behavioral practitioner candidate pursuant to Sections |
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5| 1930 through 1949.1 of Title 59 of the Oklahoma |
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6| Statutes this title; |
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7| 4. "Certified assistant behavior analyst" means an individual |
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8|who is certified by the nationally accredited Behavior Analyst |
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9|Certification Board as a Board-Certified Assistant Behavior Analyst |
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10|and certified by the Developmental Disabilities Services Division of |
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11|the Department of Human Services; |
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12| 5. "Licensed behavior analyst" means an individual who is |
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13|certified by the nationally accredited national Behavior Analyst |
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14|Certification Board as a Board-Certified Board Certified Behavior |
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15|Analyst and licensed by the Developmental Disabilities Services |
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16|Division of the Department State Board of Examiners of |
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17|Psychologists; and |
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18| 6. "Supervisee" means a person who acts under the extended |
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19|authority of a licensed behavior analyst to provide applied behavior |
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20|analysis services or a person who is in training to provide such |
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21|services. |
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22| B. Each person wishing to practice as a licensed behavior |
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23|analyst or a certified assistant behavior analyst shall apply to the |
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24|Developmental Disabilities Services Division of the Department of |
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1|Human Services State Board of Examiners of Psychologists using a |
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2|form and in a manner prescribed by the Division Board and shall |
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3|furnish evidence satisfactory to the Division Board that such |
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4|person: |
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5| 1. Is of good moral character; |
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6| 2. Is at least twenty-one (21) years of age; |
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7| 3. Has passed the Board applicable examination and is certified |
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8|by the national Behavior Analyst Certification Board as a |
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9|Board-Certified Board Certified Behavior Analyst or a |
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10|Board-Certified Board Certified Assistant Behavior Analyst, as |
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11|applicable; |
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12| 4. Has not had a professional license or certification refused, |
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13|revoked, suspended, or restricted and does not have a complaint, |
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14|allegation, or investigation pending in any regulatory jurisdiction |
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15|in the United States or in another country for reasons that relate |
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16|to unprofessional conduct unless the Division State Board of |
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17|Examiners of Psychologists finds, to its satisfaction, that the |
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18|conduct has been corrected or that mitigating circumstances exist |
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19|that prevent its resolution; and |
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20| 5. Has at least the minimum graduate or undergraduate degree, |
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21|appropriate for the level of certification, from an accredited |
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22|institution of higher learning in a qualifying field of study, as |
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23|determined by the national Behavior Analyst Certification Board. |
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24| |
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1| C. The State Board of Examiners of Psychologists shall have |
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2|exclusive power and authority to determine the qualifications and |
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3|fitness of all applicants for admission to practice as a licensed |
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4|behavior analyst or certified assistant behavior analyst in this |
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5|state. The Board shall require that each applicant submit to a |
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6|national criminal history record check as defined in Section 150.9 |
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7|of Title 74 of the Oklahoma Statutes. The Board shall not |
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8|disseminate criminal history record information resulting from the |
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9|record check. |
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10| D. A person holding a state license or state certification |
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11|shall apply for renewal of the state license or state certification |
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12|on or before April 30 of each odd-numbered year. The application |
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13|shall be accompanied by a renewal fee to be set by the Division |
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14|State Board of Examiners of Psychologists in accordance with |
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15|paragraph 3 of subsection F G of this section. |
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16| D. E. A person licensed or certified by the Developmental |
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17|Disabilities Services Division of the Department Board under this |
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18|section shall: |
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19| 1. Maintain active status and fulfill all requirements for |
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20|renewal of national certification or recertification with by the |
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21|national Behavior Analyst Certification Board; and |
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22| 2. Conduct professional activities in accordance with accepted |
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23|standards such as the Guidelines for Responsible Conduct and |
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1|Professional Disciplinary Standards Ethics Code for Behavior |
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2|Analysts of the national Behavior Analyst Certification Board. |
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3| E. F. 1. No person shall claim the title of licensed behavior |
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4|analyst or certified assistant behavior analyst unless that person |
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5|meets the applicable requirements in this section. No person shall |
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6|practice applied behavior analysis without obtaining a license or |
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7|certification in accordance with this section. Supervisees may only |
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8|provide applied behavior analysis under the supervision of a |
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9|licensed behavior analyst. This section shall not restrict the |
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10|practice of applied behavior analysis by human services |
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11|professionals, provided such individuals are working within the |
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12|scope of their professions and the practice of applied behavior |
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13|analysis is commensurate with their level of training and |
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14|experience. |
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15| 2. A violation of this subsection shall be punishable by a fine |
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16|of not more than Five Hundred Dollars ($500.00), the suspension or |
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17|revocation of a license licensure or certification issued pursuant |
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18|to this section, or both such fine and loss of licensure or |
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19|certification. |
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20| F. G. The Division State Board of Examiners of Psychologists |
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21|shall: |
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22| 1. Investigate all complaints relating to: |
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23| a. the practice or supervision of applied behavior |
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24| analysis by any person licensed by the Developmental |
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1| Disabilities Services Division of the Department Board |
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2| as a behavior analyst or certified by the Division |
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3| Board as an assistant behavior analyst, or |
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4| b. any person alleged to be practicing or providing |
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5| supervision without a state license or state |
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6| certification; |
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7| 2. Refer any substantiated complaints to the national Behavior |
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8|Analyst Certification Board; and |
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9| 3. Charge reasonable fees for issuance or renewal of a license |
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10|or for certification, not to exceed One Hundred Dollars ($100.00) in |
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11|an amount sufficient to cover the cost and expense incurred by the |
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12|State Board of Examiners of Psychologists for such issuance or |
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13|renewal. |
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14| G. H. 1. A person having a qualifying degree, as provided for |
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15|in paragraph 5 of subsection B of this section, and participating in |
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16|the applied behavior analysis treatment pilot project established in |
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17|Section 3 of this act Section 1-280.2 of Title 63 of the Oklahoma |
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18|Statutes shall be exempt from the requirements of this section while |
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19|such person is actively participating in the project. |
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20| 2. Persons employed by a school district in this state who |
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21|provide services solely to the school district under the Individuals |
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22|with Disabilities Education Act (IDEA), 20 U.S.C., Section 1400 et |
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23|seq., shall be exempt from the requirements of this section. |
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1| H. I. The Department State Board of Examiners of Psychologists |
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2|shall promulgate rules to implement the provisions of this section. |
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3| SECTION 2. This act shall become effective November 1, 2026. |
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4|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES |
|February 16, 2026 - DO PASS AS AMENDED |
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