Colorado's New Behavior Analyst Licensure Law

Colorado has been one of the larger states without a behavior analyst license. That is changing, but not yet. House Bill 26-1425, "Concerning the regulation of applied behavior analysis services," was approved by Governor Jared Polis on June 2, 2026. It adds Article 247 to Title 12 of the Colorado Revised Statutes, the "Applied Behavior Analysis Practice Act." The BACB now lists Colorado among states with a licensure law, but it links to the bill rather than a board, because no application system exists yet.

The key date is July 1, 2028. Section 23 of the bill says the act "takes effect upon passage," except that the sections requiring a license (12-247-106), governing issuance and renewal (12-247-110), supervising assistants (12-247-112) and setting penalties for unauthorized practice (12-247-118) "take effect July 1, 2028." Until then, Colorado does not require a behavior analyst license, and applications are not open.

What will the license require?

Under the new 12-247-107, an applicant for a licensed behavior analyst license must submit a completed application and:

• "Have a current, valid certification in good standing with a certifying entity as a certified behavior analyst, certified behavior analyst-doctoral, or qualified behavior analyst or have another certification as determined by the board"; and
• Complete a fingerprint-based criminal history record check under 12-247-109, with prints taken by local law enforcement or a third party approved by the Colorado Bureau of Investigation, which forwards them to the FBI.

"Certifying entity" means the BACB, the Qualified Applied Behavior Analysis Credentialing Board, or another national entity the board identifies whose programs are accredited by NCCA or ANSI. Once those requirements are met, "the board shall issue a license," unless the applicant has done something that would be grounds for discipline. The board will set the details by rule.

The assistant license under 12-247-108 follows the same pattern: current certification as an assistant behavior analyst or QABA's Qualified Autism Service Practitioner-Supervisor (or another certification the board accepts) and the fingerprint check. A licensed assistant "shall practice only under the supervision of a licensed behavior analyst" (12-247-112).

Who will be in charge?

The bill creates the Colorado Behavior Analyst Licensing Board in the Division of Professions and Occupations, with five governor-appointed members: three licensed behavior analysts, one licensed assistant behavior analyst and one public member. The governor must make initial appointments within 180 days after the act's effective date, and the director must call the first meeting within three months after all initial appointments. The board writes the rules: application procedures, supervision of assistants, the number of assistants or technicians a behavior analyst may supervise, and the insurance amount.

The licensing program carries a sunset. Article 247 "is repealed, effective September 1, 2031," and is scheduled for review before then.

What else changes for behavior analysts?

• Liability insurance. Under 12-247-122, a licensee "shall not practice applied behavior analysis unless the individual is covered by professional liability insurance in an amount determined by the board by rule." Public employees covered by governmental immunity are excepted.
• Certification must be kept up. Licensees "shall maintain their professional credential issued by a certifying entity" and "immediately notify the board" if it is suspended or revoked (12-247-116).
• Treatment plans. A licensed behavior analyst "shall develop an individualized treatment plan" with "objective and measurable treatment goals" drawn from standardized, criteria-referenced or other assessments (12-247-113).
• Malpractice reporting. A licensee must notify the board of a malpractice settlement or judgment within 60 days (12-247-117(11)).
• Unlicensed practice. From July 1, 2028, practicing without an active license is a class 2 misdemeanor under the amended 12-20-407.
• Endorsement. The board "shall issue a license by endorsement" to an applicant who meets Colorado's occupational credential portability program in 12-20-202(3). How that applies to people licensed in other states will depend on the board's rules.

Will RBTs need a Colorado license?

No. The act defines behavior technicians, including "registered behavior technician," as individuals who practice "under the supervision of a licensed behavior analyst or licensed assistant behavior analyst in accordance with the requirements of a certifying entity," and who do not design assessment or intervention plans. The act "does not prohibit or restrict" a behavior technician providing ABA under that supervision (12-247-115). Technicians must use a nonprofessional title such as "ABA technician," "behavior technician" or "tutor," or the title of a current credential such as "registered behavior technician."

The bill also adds a Medicaid provision, C.R.S. 25.5-4-437. The state department "shall reimburse" ABA providers for services by a registered behavior technician. Subject to federal approval, it will also reimburse for a technician who is not yet certified "during one temporary period of not less than forty-five days" while they pursue certification, if the provider sends quarterly technician rosters and the technician first completes a name-based judicial record check, the certification training and abuse and neglect reporting training. See do RBTs need a state license or registration?

What about ABA clinics?

This is the part agencies should read closely. The bill adds "applied behavior analysis clinic" to Colorado's child care facility licensing law, administered by the Department of Human Services. A clinic is a facility that "provides applied behavior analysis therapy and provides at least four hours of care but less than twenty-four hours of care each business day to at least three individuals who are at least eighteen months old but less than twenty-one years old." The department must publish licensing standards for these clinics "on or before July 1, 2029," covering staff qualifications, premises safety, restraint, immunization verification, staffing levels, records and medication. ABA delivered in homes, schools, community settings or other nonclinical settings is excluded from that clinic licensing.

Clinic licensing is a facility license, separate from the individual licenses for behavior analysts. A clinic-based agency in Colorado may eventually need both. See licensing compliance for ABA agencies.

What should Colorado behavior analysts do now?

1. Keep your certification clean and current. It is the core qualification, and the law requires you to keep it.
2. Watch the board. Rules on applications, insurance amounts, supervision ratios and endorsement will come after the board forms.
3. Price the insurance. If you rely on an employer's policy, confirm it covers you individually in whatever amount the board sets.
4. Plan staffing for 2028. Agencies employing BCaBAs should expect each to need an assistant license and a licensed supervisor by July 1, 2028.

We do not prepare Colorado license applications yet because there is no application to prepare. Our ABA Licensure Readiness Review ($149 one-time) maps what your team will need in Colorado and every other state where you practice, so the 2028 work is planned before the deadline. When applications open, we will prepare, organize and track the file, and you will review, sign and submit it yourself, as the BACB warns that allowing another entity to complete an application on your behalf "may be a violation of state law." The Colorado state page will be updated as the board acts, and which states license behavior analysts has the national picture.