The Road to Licensure of Behavior Analysts in Texas

Introduction

The field of Applied Behavior Analysis (ABA) has grown significantly over the past few decades, and with that growth has come the need for professional regulation. Licensure ensures that behavior analysts meet specific education, training, and ethical standards, ultimately protecting the consumers who receive services.

In Texas, the road to licensure for behavior analysts was long and filled with challenges. This blog post explores the key milestones, obstacles, and advocacy efforts that led to behavior analyst licensure in the state.

Background on ABA Licensure in the U.S.

Licensure for behavior analysts has been a topic of discussion for many years. Some key developments in this process include:

• The Behavior Analyst Certification Board® (BACB®) was established in 1998, setting professional standards for certification.

• Certification differs from licensure in several ways:

  • Certification is voluntary unless required by state law.
  • Licensure is a legal mandate enforced by a state government.
  • Licensing boards have regulatory and disciplinary authority, unlike voluntary certification bodies.

• The push for licensure gained traction in 2009, and as of 2024, many states have established licensure laws.

Historical Context: The Path to Licensure in Texas

Early Efforts (1992-2009)

ABA professionals in Texas first encountered regulatory concerns in the early 1990s when the Texas State Board of Examiners of Psychologists (TSBEP) included behavioral techniques under psychology practice. Some key events include:

• 1992: The Texas Sunset Review raised concerns about ABA practitioners needing psychology licensure.
• 1985: The formation of the Texas Association for Behavior Analysis (TxABA) as a professional advocacy group.
• Ongoing efforts to protect ABA practice from unnecessary restrictions under psychology licensure.

Legislative Monitoring and Advocacy Begin (2009-2013)

By 2009, efforts to pursue licensure intensified:

• The Texas Sunset Advisory Commission continued to classify ABA under psychology.
• TxABA formed a Legislative Committee to monitor laws affecting behavior analysts.
• National ABA organizations, like the Association for Behavior Analysis International (ABAI), encouraged licensure discussions.
• TxABA launched a Licensure Task Force, which:
  1. Researched licensure laws in other states.
  2. Drafted early proposals for a Texas behavior analyst licensure bill.
  3. Engaged policymakers and stakeholders to generate support.

Obstacles and Advocacy Efforts

Internal Challenges

Within the ABA community in Texas, several issues had to be resolved:

1. Determining whether TxABA members broadly supported licensure.
2. Deciding whether a separate lobbying organization was needed.
3. Gaining legislative knowledge on how to introduce licensure bills.
4. Debating the need to hire a professional lobbyist.
5. Choosing whether behavior analysts should be licensed independently or under an existing board.

External Challenges

Beyond internal debates, significant opposition came from outside groups, including:

1. The Texas Psychological Association (TPA), which argued that ABA should remain under psychology.
2. Concerns from legislators about introducing a new licensing board.
3. Resistance from some ABA professionals, who feared additional regulatory burdens.

Turning the Tide: Key Advocacy Wins

Despite these challenges, persistent advocacy efforts led to major wins for behavior analysts in Texas:

• Grassroots organizing: Behavior analysts and families of individuals receiving ABA services lobbied legislators through phone calls, emails, and in-person meetings.
• Coalition building: TxABA collaborated with autism and disability advocacy groups to strengthen support.
• Clear communication with lawmakers: Advocates emphasized the need for a separate ABA license to ensure consumer protection and service quality.

Ultimately, these efforts helped Texas pass legislation to establish behavior analyst licensure.

Conclusion: Lessons Learned from Texas’ Licensure Journey

The journey toward licensure in Texas offers valuable lessons for behavior analysts in other states still navigating the process:

1. Start early – Monitoring legislative activity and organizing advocacy efforts in advance is crucial.
2. Engage stakeholders – Gaining support from ABA professionals, consumer groups, and lawmakers strengthens the case for licensure.
3. Stay persistent – Overcoming opposition and internal disagreements takes time and patience.

For more details on the history and advocacy efforts behind behavior analyst licensure in Texas, refer to the original research by Berenice de la Cruz, Gordon Bourland, Katherine M. Johnson-Patagoc, Jeffrey Dillen, Rany Thommen, Jennifer N. Fritz, and Regina Crone. You can access their full paper here: 10.1007/s40617-024-01030-z.

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