ABA licensing laws exist to protect consumers from unqualified practitioners. Starting with the first model legislation drafted in Massachusetts in 2006, states have steadily enacted licensing requirements that give consumers legal recourse, open doors with insurance providers, and give behavior analysts a seat at the table alongside other licensed professionals.
On a chilly December morning in 2006, Dr. Michael Dorsey’s phone rang. The voice on the other end belonged to someone he hadn’t spoken to since 1978. That unexpected call would kick off a years-long effort that helped shape ABA licensing laws across the country.
Here we talk to Dr. Dorsey, one of the early pioneers of ABA licensing legislation and the person who penned the first model legislation later adopted into state law. He offers a candid look at how the field got here, what went wrong along the way, and why consumer protection sits at the heart of it all.
Why ABA Licensing Laws Were Needed
In the 1970s, 80s, and 90s, applied behavior analysis made slow, hard progress toward recognition. Demand for ABAs existed, but many people and institutions still didn’t quite understand what ABA meant or why it mattered.
Then came the 2000s. With autism and addiction in the spotlight, the general public started asking loudly: What will we do? Sparked by the 1999 Surgeon General Report on Mental Health, government agencies turned their focus to evidence-based practices. Behavior analysis, with its strong outcomes for people on the spectrum, suddenly found the niche where it would make its greatest contributions.
In 2006, the year of that fateful phone call, the BACB had certified roughly 2,500 behavior analysts. But many more were using the title “Behavior Analyst” to describe their practice, with credentials that varied widely. Consumers couldn’t easily tell who was actually qualified.
There were insurance problems, too. In many places, only licensed professionals could receive reimbursement for services. Since licensing for behavior analysts didn’t exist yet, families paid out of pocket or sought out cheaper, sometimes unqualified practitioners.
And there was a problem with professional respect. As Dr. Dorsey explained it:
“I had been thinking that the field of behavior analysis needed to evolve to the point, I like to say, where we’re invited to sit at the adult table. Especially in school districts in IEP meetings, because everybody else at the table is licensed: Licensed Special Education Teacher, Licensed Physical Therapist, Licensed Speech Pathologist — everybody there has a license, except us. Yet we’re coming in and trying to tell them how to do a better job in serving kids.”
The Phone Call That Started It All
Dorsey’s surprise caller was John Scibak, a former colleague who had earned his Ph.D. in Behavior Analysis from Notre Dame and later found his way into the Massachusetts state legislature. Scibak was drafting a bill to regulate behavior interventions and needed help from someone who knew the science.
The conversation stirred up something Dr. Dorsey had been thinking about for a long time.
“So while I had him on the phone, I said, ‘How about if I help you with that bill if you help me with this licensing bill?’ And he said, ‘Oh, that’s a great idea! Let’s do that!'”
It was mid-December. Both bills had to be filed by December 31st.
Lessons in Compromise
Dr. Dorsey had never written a bill before. He and Representative Scibak hunkered down over the next few weeks and hammered out two pieces of legislation. Looking back, Dorsey laughs about some of the early mistakes.
“We wrote it so that behavior analysts would be under the Board of Registration of Psychologists, which was just the stupidest thing ever. But then the head of the Mass Psychological Association called John one day and said, ‘We strongly agree you should be licensed, but we don’t want anything to do with it. Rewrite the bill, and we’ll support you.'”
While many people enthusiastically supported the idea of licensing, Dorsey and Scibak encountered unexpected resistance within the ABA community itself. Some argued the process would be costly and complex. Others worried that unclear wording could muddy the waters around who could and couldn’t practice.
Dorsey admits some of that resistance came from mistakes on his side. “We didn’t talk to enough behavior analysts or get enough broad support in the state to help people understand why it was necessary and what the benefits would be.”
In the first two rounds, the bill died in committee.
On the third try, they got everyone on the same page. “I really learned what the word compromise means,” Dorsey says. “We wrote a bill that people were able to support, got it through the legislature, got the governor to sign it.”
In January 2013, roughly six years after that first phone call, the licensing bill was enacted in Massachusetts.
Consumer Protection Is the Core of Licensing
At its heart, licensing is about protecting people from unqualified practitioners.
In the years before licensing laws took hold, stories circulated online from unqualified practitioners who described working as “behavioral technicians” with no background in child development, no knowledge of autism or ABA, and no experience working with children. Those accounts brought to light the reality that untrained people in these roles can do real harm.
One more layer of credentialing helps distinguish qualified professionals. It also makes addressing ethical complaints a local, manageable process rather than a slow international one.
“I think board certification has been a tremendous asset to the field over the last 20 years,” says Dorsey. “But the difference between national certification and local licensing comes down to ethical complaints.”
In the past, a consumer with an ethical complaint had to bring it all the way to BACB headquarters. With tens of thousands of credential holders across dozens of countries, that system is difficult to manage at the individual level. Local licensing means each state handles a limited number of cases, which makes a thorough review more realistic. State licensing boards can also advise practitioners facing difficult ethical situations before a problem escalates.
Credentialing vs. Licensing: Do You Need Both?
As more states have passed ABA licensing laws, one question keeps coming up: Does BCBA certification still matter?
Absolutely, says Dr. Dorsey.
“For most states that have licensing, the BCBA is the standard. The exam, the course sequence, the internship experience, all of those things that go into getting board certified are the same standards they use for licensing.”
Here’s how to think about the distinction. BCBA certification is the foundational credential. It’s national, it’s recognized across state lines, and it demonstrates that you’ve met the BACB’s rigorous education and supervised experience requirements. State licensing builds on that foundation. It opens doors with insurance companies, gives you standing alongside other licensed professionals, and gives your clients a formal legal path if something goes wrong.
One reinforces the other. You don’t have to choose. For a deeper look at the ethical framework that licensing reinforces, it’s worth understanding the professional standards that behavior analysts are already held to through the BACB.
Gaining Ground
As demand for behavior analysts grew in the early 2010s, so did the push for formal regulation. A growing share of job postings for counselors began specifying behavior analysis during this period, though estimates vary by source. That growth, combined with the hard work of advocates like Dorsey and Scibak, pushed the pursuit of current licensing requirements by state across the country.
Progress has been real but gradual. As of 2025, 38 states have enacted licensing laws for behavior analysts, with others in various stages of the legislative process. Dr. Dorsey has a perspective on that timeline. “I talked to a person at the American Psychological Association a few years ago, and he said it took the APA 25 years to get licensing laws in all 50 states for psychologists.” For context, licensing laws for psychologists gradually spread over several decades, starting in the 1940s and culminating by the 1980s. The field of behavior analysis is on a similar trajectory.
As blogger and ABA parent Kathryn Sneed wrote, “I’ve lived in multiple states, hired multiple ABA companies, and gone through ABA therapy with my children first-hand. I have seen the good and the bad of ABA therapy. If you do your research and find the right ABA techniques, your child is going to thrive.”
Dr. Dorsey’s vision is that as state licensing gains ground, consumers won’t have to wade through “the good and the bad” at all. They’ll be able to trust that any licensed practitioner in any state has met a clear, consistent standard.
Frequently Asked Questions
Why do ABA licensing laws exist?
ABA licensing laws exist primarily to protect consumers. Before licensing, anyone could call themselves a behavior analyst regardless of training or credentials. Licensing sets a legal standard for who can practice, provides clients with recourse when ethical violations occur, and allows behavior analysts to receive insurance reimbursement for services.
What’s the difference between BCBA certification and state ABA licensure?
BCBA certification is a national credential issued by the Behavior Analysis Certification Board. It demonstrates that you’ve completed the required education, supervised experience, and passed a standardized exam. State licensure builds on that, allowing you to legally practice in a specific state, bill insurance, and participate fully in professional settings alongside other licensed practitioners. In most states, the BCBA credential is the foundation for getting licensed.
How many states have enacted ABA licensing laws?
As of 2025, 38 states have enacted licensing laws for behavior analysts, with others in various stages of the legislative process. Check our current licensing requirements by state for up-to-date information on your state.
Who wrote the first model ABA licensing legislation?
Dr. Michael Dorsey, LABA, BCBA-D of Endicott College, drafted the original model legislation alongside Massachusetts state Representative John Scibak. The bill was enacted in Massachusetts in January 2013 and became the foundation for licensing efforts in other states.
Does ABA licensing replace the need for BCBA certification?
No. In most states, BCBA certification is required to obtain a license. The two work together: certification proves your qualifications, licensing gives you legal standing to practice and bill insurance in your state.
Key Takeaways
- Consumer protection drove the push for licensing. Without formal requirements, anyone could use the title “Behavior Analyst” regardless of training or credentials.
- The first model legislation took six years to pass. Dr. Dorsey and Representative Scibak drafted the original bill in December 2006, and it was finally enacted in Massachusetts in January 2013.
- Local licensing makes ethical accountability practical. Rather than routing complaints through a national board managing credential holders across dozens of countries, state boards handle a manageable caseload and can advise practitioners proactively.
- BCBA certification and state licensure work together. Certification is the foundational credential; licensing is the legal layer that opens doors with insurance companies and professional teams.
- The field is still expanding its licensing footprint. As of 2025, 38 states have enacted laws, with more in progress. Progress is steady, even if it moves more slowly than advocates would like.
Ready to explore ABA programs? Whether you’re just starting to research the field or you’re ready to apply, finding a program that prepares you for both BCBA certification and state licensure is the right first step.
