§465D-2 Definitions. For the purposes of this chapter:

"Applied behavior analysis" means interventions that are based on scientific research and the direct observation and measurement of behavior and the environment.

"Behavior Analyst Certification Board" means the international accredited Behavior Analyst Certification Board or its successor.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Licensed behavior analyst" means a person:

(1) Who engages in the practice of applied behavior analysis and uses the title of licensed behavior analyst;

(2) Who has been issued a license under this chapter; and

(3) Whose license is in effect and not revoked, suspended, or encumbered.

"Practice of applied behavior analysis" means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. Practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. Practice of applied behavior analysis also includes the use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other consequences to help people develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions. Practice of applied behavior analysis expressly excludes psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities. [L 2015, c 199, pt of §2; am L 2018, c 205, §4]