Colorado § 12-247-115 - Scope of article - exclusions.

§ 12-247-115. Scope of article - exclusions.

(1) This article 247 does not prohibit or restrict the practice of the following:

(a) A health-care professional licensed, certified, or registered under this title 12 and practicing in this state and any individual practicing under their supervision in accordance with this title 12, if:

(I) Applied behavior analysis is within the scope of practice applicable to the individual under this title 12;

(II) The applied behavior analysis services provided are within the scope of the licensed health-care professional's education, training, and competence; and

(III) The licensed, certified, or registered health-care professional or supervisee does not represent themselves using titles protected under section 12-247-106;

(b) A behavior technician from providing applied behavior analysis services under the supervision of a licensed behavior analyst or a licensed assistant behavior analyst;

(c) A caregiver of a recipient of applied behavior analysis services who provides applied behavior analysis services under the authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst. The caregiver shall not represent themselves as a licensed behavior analyst or licensed assistant behavior analyst.

(d) A matriculated college or university student or postdoctoral fellow whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship, or fellowship and are directly supervised by a licensed behavior analyst or a qualified faculty member located in this state. The student or fellow shall not represent themselves as a licensed behavior analyst or licensed assistant behavior analyst and shall use a title that clearly indicates their trainee status, such as "student", "intern", or "trainee".

(e) Unlicensed individuals from pursuing experience in applied behavior analysis consistent with the experience requirements of the board, provided the experience is supervised in accordance with the requirements of the board; and

(f) An individual employed by a school, as defined in section 22-1-132 (2)(c), performing the duties of their position. Such an individual shall not:

(I) Represent themselves as a licensed behavior analyst or licensed assistant behavior analyst unless they are licensed under this article 247;

(II) Offer applied behavior analysis services to a person other than the students of their school employer; or

(III) Accept remuneration for providing applied behavior analysis services other than the remuneration they receive from their school employer.

Source: L. 2026: Entire article added, (HB 26-1425), ch. 299, p. 1665, § 2, effective June 2.