ABA licensure in South Dakota: who needs a license, how to get one and how to keep it
The short answer
South Dakota requires a state license to practice applied behavior analysis or represent yourself as a behavior analyst unless a statutory exemption applies. The Board of Social Work Examiners issues behavior analyst licenses. Applicants need a master's or doctoral degree and current Board Certified Behavior Analyst (BCBA) certification, along with the other statutory qualifications. Assistants and paraprofessionals may qualify for an exemption subject to supervision, title and background-check requirements.
What the law says
Confirm with the South Dakota Board of Social Work Examiners before you rely on this.
South Dakota's behavior analyst law is Chapter 36-38 of the South Dakota Codified Laws. The chapter defines the licensed title and the Board:
"Behavior analyst," a person who meets the qualifications of subdivision 58-17-159(2), who is licensed as a behavior analyst by the board only for the provision of applied behavior analysis as defined in §§ 36-38-2 and 36-38-3, and who holds himself or herself out to the public by any title or description of services which uses the words behavior analyst or applied behavior analyst;
"Board," the Board of Social Work Examiners, as established in chapter 36-26.
The licensing duty is in section 36-38-6:
"No person may represent himself or herself as a behavior analyst, or engage in the practice of, or attempt to practice applied behavior analysis unless licensed pursuant to the provisions of this chapter as an applied behavior analyst or exempted under the provisions of this chapter."
Section 36-38-19 sets a criminal penalty for unlicensed practice, subject to the exemptions in section 36-38-5:
"Any person who practices as a behavior analyst in this state without a license issued by the board is guilty of a Class 2 misdemeanor."
Section 36-38-22 also says a person who violates the chapter "may be enjoined from further violations." The practice of applied behavior analysis excludes some work:
"The term, practice of applied behavior analysis, does not include diagnosis, counseling, psychological testing, personality assessment, intellectual assessment, neuropsychological assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care, psychoanalysis, hypnotherapy, or long-term counseling as a treatment modality."
Section 36-38-5 lists people to whom the chapter does not apply. Among them:
"Person employed by a school board performing the duties of a position for the school. The person may not represent himself or herself as a behavior analyst, unless the person holds a license under this chapter"
"Family member of a recipient of applied behavior analysis services implementing behavior analysis treatment plans with the recipient under the extended authority and direction of a behavior analyst. The family member may not represent himself or herself as a behavior analyst;"
The list also covers students in a defined program of study, unlicensed people gaining experience under the Behavior Analyst Certification Board's supervision rules, and certain professionals such as psychologists and social workers who do not use the title behavior analyst. Each exemption has conditions; read them in full in SDCL 36-38-5.
A related section outside chapter 36-38, SDCL 58-17-159, also names the license. It uses the definitions in SDCL 58-17-154, which cover autism spectrum disorder and its treatment, and it says:
"Any person who performs or supervises applied behavior analysis shall:"
"Be licensed by the South Dakota Board of Medical and Osteopathic Examiners or the Board of Examiners of Psychologists and have documented training and competence in applied behavior analysis; or"
"Be licensed by the South Dakota Board of Social Workers as a licensed behavior analyst."
Source: SDCL chapter 36-38, Behavior Analysts; SDCL 58-17-159; SDCL 58-17-154.
How to get licensed
The qualifications are in section 36-38-7:
"The board may grant a license as a behavior analyst to an applicant who:"
"Has earned a master's degree or a doctoral degree;"
"Holds a current certification as a board certified behavior analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization;"
"Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years; and"
"Has submitted verification that the applicant is not subject to any disciplinary proceeding or pending complaint before any other licensing board unless the board considers such proceeding or complaint and agrees to licensure."
The application has its own rules. The statute says "The application shall be witnessed and notarized by a notary public." The Board's rule lists the fees:
"An initial application fee of $350;"
"An annual licensing fee of $300."
"An applicant applying for the initial license shall pay the initial application fee and the annual licensing fee."
The Board's application form says "Current certification in good standing by the BACB is required for licensure." It asks that proof of certification "must contain your name, certification number, the date certification was issued, and the expiration date." Official transcripts for the master's or doctoral degree go to the Board directly from the school.
Source: SDCL 36-38-7 and 36-38-9; ARSD 20:85:01:04; Board of Social Work Examiners, ABA page and forms.
Assistants, RBTs and technicians
We found no assistant behavior analyst license or technician license in chapter 36-38 or in the Board's behavior analyst rules (article 20:85). The chapter instead exempts assistants and paraprofessionals who work under a licensed behavior analyst:
"Assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst provided that the services are supervised in accordance with the requirements of the Behavior Analyst Certification Board, Inc. The assistant behavior analyst or paraprofessional may not represent himself or herself as a behavior analyst, and shall use a title that indicates assistant or paraprofessional status, such as an assistant behavior analyst, ABA technician, behavior technician, tutor, or line therapist. The assistant behavior analyst or paraprofessional shall submit to a criminal background check and fingerprint checks pursuant to the provisions of this chapter;"
The background check and who pays for it:
"Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation. The behavior analyst who supervises the assistant behavior analyst or paraprofessional is responsible for any fees charged for the cost of fingerprinting or the criminal background investigation as required by this section."
An assistant or paraprofessional is not eligible if convicted of certain offenses in the past five years:
"No assistant behavior analyst or paraprofessional who has been convicted of a felony or misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five years may deliver applied behavior analysis services under the direction of a behavior analyst."
The statute does not name the registered behavior technician (RBT) credential. Its examples of titles for supervised staff are "ABA technician, behavior technician, tutor, or line therapist."
Source: SDCL 36-38-5, 36-38-25 and 36-38-26.
Renewal and state-required training
South Dakota licenses renew every year. The Board's rule says:
"A license shall be renewed annually. The failure to renew a license by July first each year constitutes a suspension."
"However, a license may be restored if the licensee submits a written application and the annual licensing fee before January first of the next year."
The Board's fee page lists an annual renewal fee of $300, and its renewal form says "Current certification in good standing by the BACB is required for licensure." Licensees must follow the ethics code the Board adopted:
"All licensees under SDCL chapter 36-38 shall comply with the Professional and Ethical Compliance Code for Behavior Analysts, approved by the Behavior Analyst Certification Board's Board of Directors on August 7, 2014."
We found no continuing education hour requirement for behavior analysts in the Board's behavior analyst rules (article 20:85), which cover applications, fees, renewal and ethics. The statute lets the Board write rules that "specify requirements for the annual renewal of licensure". Ask the Board whether it has any renewal requirement beyond the fee, the form and current BACB certification.
Source: ARSD 20:85:01:05 and 20:85:02:01; SDCL 36-38-27; Board of Social Work Examiners, ABA page and renewal form.
Training the staff you supervise
If you run a program in South Dakota and need new technicians or aides trained in the basics, this is what our Intro to ABA Level 1 course covers.
The Intro to ABA Level 1 course teaches methods and techniques of Applied Behavior Analysis (ABA) for parents and caregivers, teachers, paraprofessionals and behavior technicians who work with a child every day. Topics include what autism is, what ABA is, pairing, errorless teaching and prompting, and active student responding. Complete the course and pass its 40-question final exam with a score of at least 80%. Completing this course earns a Special Learning certificate of completion. That certificate is not a continuing education (CE) certificate. It is basic training in ABA methods for daily practice, not a professional credential. It is not the 40-hour training required for the RBT credential. We do not claim South Dakota state approval or continuing education credit for this course.
Two ways to start
- For one person: try the first two sessions free for 7 days; account creation is required, with no payment information requested. The full course costs $199, paid once, with no subscription or recurring charge. Activate your license code within 90 days of purchase; the published completion window is 10 weeks after activation. You may request a later start date, no later than three months after purchase. Start the free sessions
- For your team: tell us how many people need training and when, and we will send a quote; each participant who completes the course and passes its 40-question final exam with a score of at least 80% earns an individual certificate of completion. Ask for a team quote
Last reviewed: October 30, 2026.