Section 164A. Nothing herein shall be construed to prevent qualified members of other professions or occupations including, but not limited to, physicians, psychologists, teachers, occupational therapists, members of the clergy, authorized Christian Science practitioners, attorneys-at-law, social workers, guidance counselors, clinical counselors, adjustment counselors, speech-language pathologists, audiologists, rehabilitation counselors or professional employees meeting the requirements of a public or private school or agency’s licensure standards from practicing applied behavior analysis if it is consistent with the accepted standards of their respective professions or to an individual who implements applied behavior analysis services to an individual served in a public or private school setting or service agency licensed or approved by the commonwealth to provide residential, habilitative, vocational or social support services when performed as part of an Individualized Education Program or Individualized Service Plan supervised by a professional employee meeting the requirements of the school or agency’s licensure standards; provided, however, that no such physician, psychologist, teacher, occupational therapist, member of the clergy, Christian Science practitioner, attorney-at-law, social worker, guidance counselor, clinical counselor, adjustment counselor, speech-language pathologist, audiologist, rehabilitation counselor, professional employee meeting the requirements of a public or private school or agency’s licensure standards or individual who implements applied behavior analysis services to an individual served in a public or private school setting or service agency licensed or approved by the commonwealth to provide residential, habilitative, vocational or social support services when performed as part of an Individualized Education Program or Individualized Service Plan supervised by a professional employee meeting the requirements of a public or private school or agency’s licensure standards shall use any title or description stating or implying that such person is a licensed applied behavior analyst or licensed assistant applied behavior analysts without holding such license.
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