HOUSE BILL NO. 5291

November 13, 2025, Introduced by Rep. VanderWall and referred to Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 16343a, 18253, and 18257 (MCL 333.16343a, 333.18253, and 333.18257), as added by 2016 PA 403.

the people of the state of michigan enact:


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Sec. 16343a. Fees for an individual who is licensed or seeking licensure to engage in the practice of applied behavior analysis , or to engage in practice as an assistant behavior analyst , under part 182A are as follows:


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(a) Application processing fee

$

75.00

(b) License fee, per year

90.00

(c) Limited license fee, per year??????????????????? 150.00

Sec. 18253. (1) Beginning 1 year after the effective date of the rules promulgated under sections 18257 and 18259 for licensure under this part, an An individual shall not use the titles "licensed behavior analyst", "l.b.a.", "licensed assistant behavior analyst", "l.a.b.a.", "applied behavior analyst trainee", or similar words or letters that indicate that he or she the individual is licensed as a behavior analyst or assistant behavior analyst unless the individual is licensed or otherwise authorized under this part. The Except as otherwise provided in section 18257, the department shall provide for a 4-year license cycle.

(2) Beginning 1 year after the effective date of the rules promulgated under sections 18257 and 18259 for licensure under this part, an An individual shall not engage in the practice of applied behavior analysis or practice as an assistant behavior analyst unless licensed or otherwise authorized under this article.

(3) Subsection (2) does not prevent any of the following:

(a) Self-care by a patient or uncompensated care by a friend or family member who does not represent or hold himself or herself themself out to be a behavior analyst or assistant behavior analyst.

(b) A behavior technician from implementing a care plan under the delegation and supervision of a behavior analyst.

(c) A family member from providing a follow-up home program designed by a behavior analyst.

(d) A school-based paraprofessional from implementing an applied behavior analysis intervention under the delegation and


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supervision of a licensed professional described in subdivision (e) or an authorized professional described in subdivision (f).

(e) An individual authorized to engage in the practice of psychology in the state under part 182 from providing services included in the practice of applied behavior analysis, if the behavior analysis services provided by that individual are within his or her the individual's education, training, and experience.

(f) An individual who holds a license, certificate, registration, or other authorization from this state that authorizes him or her the individual to perform 1 or more of the services included in the practice of applied behavior analysis, so long as if the individual does not do any of the following:

(i) Perform any services included in the practice of applied behavior analysis that are not within the scope of practice of his or her the individual's profession or occupation.

(ii) Perform any services included in the practice of applied behavior analysis that he or she the individual is not qualified by his or her the individual's education, training, and experience to perform.

(iii) Represent that he or she the individual is a behavior analyst or assistant behavior analyst.

(g) An Until the effective date of rules promulgated to implement section 18257(2), an individual who is a matriculated student at a nationally accredited university approved in rules or who is a postdoctoral fellow from performing activities that are considered under this part to be the practice of applied behavior analysis if the activities are part of a defined behavior analysis program of study or practicum approved in rules and if the student or fellow is directly supervised by an individual who is any of the


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following:

(i) Licensed as a behavior analyst under this part.

(ii) Appointed as the instructor of a course sequence approved by the BACB or other certification board.

(h) An Until the effective date of rules promulgated to implement section 18257(2), an individual who is not licensed under this part from pursuing experience in behavior analysis compatible with the BACB's experience requirements for an applied behavior analysis credential, if the experience is supervised by an individual who is licensed as a behavior analyst under this part.

(i) An individual from performing activities that are considered under this part to be the practice of applied behavior analysis if the activities are with nonhuman or nonpatient clients or consumers. Individuals described in this subdivision include, but are not limited to, applied animal behaviorists and practitioners of organizational behavior management.

(4) The department An individual shall issue be granted a license as a behavior analyst to an individual who if, on or before the effective date of this part April 3, 2017, the individual had a credential as a board certified behavior analyst, or conferred for applied behavior analysis by the BACB, and who applies the individual applied for licensure as a behavior analyst by 1 year after the effective date of the rules initially promulgated under section 18257.

(5) The department An individual shall issue be granted a license as an assistant behavior analyst to an individual who if, on or before the effective date of this part April 3, 2017, the individual had a credential as a board certified assistant behavior analyst, conferred for applied behavior analysis by the BACB, who


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is under the supervision of a behavior analyst, and who applies for licensure as an assistant behavior analyst by 1 year after the effective date of the rules initially promulgated under section 18259.

Sec. 18257. (1) By 2 years after the effective date of this part, the The department, in consultation with the board, shall promulgate rules that establish the minimum standards for licensure as a behavior analyst. For purposes of this section, subsection, the department may adopt in its rules the professional standards, in whole or in part, issued by the BACB or any other nationally recognized professional association as its the standards under this section.subsection.

(2) Beginning on the effective date of rules promulgated to implement this subsection, if the department adopts standards issued by a professional association under subsection (1) that require an individual to obtain experience in the practice of applied behavior analysis to obtain certification from the professional association for purposes of full licensure, an individual must be granted a limited license to engage in the practice of applied behavior analysis to meet the experience requirement. To be granted a limited license under this subsection, an individual must meet 1 of the following:

(a) The individual is a matriculated student at a nationally accredited university approved in rules or a postdoctoral fellow and the individual is part of a defined behavior analysis program of study or practicum approved in rules.

(b) The individual is pursuing experience in behavior analysis compatible with the professional association's experience requirements for certification.


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(3) An individual who is granted a limited license under subsection (2) shall comply with the following:

(a) If the individual is granted a limited license under subsection (2)(a), the individual shall engage in the practice of applied behavior analysis only under the supervision of a behavior analyst who is fully licensed under subsection (1) or an individual who is appointed as the instructor of a course sequence approved by the BACB or other certification board, and follow the standards for supervision established by the professional association described in subsection (1).

(b) If the individual is granted a limited license under subsection (2)(b), the individual shall engage in the practice of applied behavior analysis only under the supervision of a behavior analyst who is fully licensed under subsection (1), and follow the standards for supervision established by the professional association described in subsection (1).

(c) The individual shall not represent that the individual is engaged in the independent practice of applied behavior analysis.

(d) The individual shall only use the title "applied behavior analyst trainee".

(4) A limited license granted under subsection (2) is valid for 3 years and is renewable for 1 additional 3-year term.