Telehealth and telesupervision for ABA in Minnesota

Yes.

Licensed Behavior Analyst (LBA)

Minnesota Board of Psychology

Minn. Stat. §§ 148.9981–148.9995 (2025 Minnesota Statutes), enacted as Laws 2024, chapter 127, article 19 (H.F. 5247). Article sections are effective July 1, 2024. Minn. Stat. § 148.9986, subd. 1, prohibits practicing applied behavior analysis unless licensed under those sections or exempt under § 148.9987, effective January 1, 2025; a psychologist licensed under §§ 148.88–148.981 is not required to hold the behavior-analyst license. Using “licensed behavior analyst,” “behavior analyst,” or a title implying qualification to practice ABA is restricted to licensees (§ 148.9986, subd. 2); violation is a misdemeanor (subd. 3). Licensure (§ 148.9983) requires a current and active national certification as a board-certified behavior analyst from the certifying entity, or completion of equivalent requirements including a psychometrically valid exam from a nationally accredited credentialing organization, plus a criminal history check under Minn. Stat. § 214.075. The certifying entity is the Behavior Analyst Certification Board, Inc., or a successor or other organization the Board approves in consultation with the advisory council (§ 148.9981, subd. 5). The Board’s apply page and Sept. 27, 2024 press release state the qualification as BCBA or BCBA-D and that the equivalency standard is still under review. The enacted act does not create an assistant behavior analyst license. Exemptions in § 148.9987 include licensed psychologists and persons providing psychological services under a licensed psychologist per § 148.925; other state-licensed occupations acting inside their scope; school-district employees providing behavior analysis only as district employees and not for outside pay; chapter 245D program employees providing the services in § 245D.091, subd. 1; teaching or research without direct service delivery; unlicensed supervisees or trainees under a licensed behavior analyst; a family member or guardian acting under a licensed behavior analyst; and designated students or interns supervised by a licensed behavior analyst or an accredited-program instructor. Rulemaking is authorized, not required (§ 148.9982, subd. 2).

Statutory fees, all nonrefundable (Minn. Stat. § 148.9995, effective July 1, 2024): application $225; biennial renewal $225; inactive renewal $125; biennial renewal late fee $100; inactive renewal late fee $100; supervisor application processing fee $225. License term is two years (§ 148.9984, subd. 1). The Board must mail a renewal notice at least 60 calendar days before the deadline. A complete renewal and fee must be postmarked or received by the expiration date, or the next business day if that date is a Saturday, Sunday, or holiday; a timely filer may keep practicing while renewal is pending. A late filing also requires the $100 late fee. If renewal is at least 60 days overdue after the overdue notice, the Board must terminate the license (§ 148.9985); termination notice follows within 7 days of Board action. Renewal requires evidence of current active national certification from the certifying entity, or other renewal requirements the Board sets with the advisory council. No separate state continuing-education hour number is in the statute. Background-check results are valid for one year (§ 214.075, subd. 1(b)); BCA and FBI set those fees (subd. 3), which are not in § 148.9995. The live Board apply page lists FBI $20 and BCA $15. Board checklists conflict on the FBI amount ($17 on the checklist linked from the apply page; $18.25 on the other Board checklist). The Oct. 8, 2024 DHS EIDBI eList also lists FBI $18.25 and BCA $15. Fingerprint-vendor charges are extra and vary. CBCP says the average time from receipt of fingerprints and forms to delivery of the report to the Board is 7 business days, and it is not unusual for that step to take up to two weeks; the average from the fingerprint-packet email to delivery is 31 days, about one month if the packet is correct, and about two months if the FBI finds prints unclassifiable. MMB’s October 2026 Board of Psychology profile reports FY25 performance, not a statutory deadline: once materials were complete, the average time to grant a behavior analyst license was 2 days, and 100% of behavior analyst applications were approved in three weeks or less (720 licensed; 784 applications received).

Sometimes. See the detail below.

As of 2026-10-21: Minn. Stat. 256B.0949 subd. 13(l): Medical assistance covers medically necessary EIDBI services and consultations delivered via telehealth (as defined in 256B.0625 subd. 3b) in the same manner as if delivered in person. Telehealth is available only for eligible providers and covered services. Per DHS guidance, Level III EIDBI providers do not qualify to provide EIDBI services via telehealth; CMDE providers, QSPs, Level I and some Level II providers may qualify. Higher-intensity intervention sessions cannot occur via telehealth. Telehealth applies only to services delivered in real time with the client or caregiver present, and telehealth modifiers and place-of-service codes must not be used for nondirect work without the client/caregiver. Providers must satisfy telehealth enrollment/attestation and documentation requirements. Subd. 16(a)(16): required EIDBI intervention observation and direction (at least monthly) may be conducted via telehealth, but no more than two consecutive monthly observation-and-direction sessions may be conducted via telehealth.

Medicaid (Medical Assistance) only: Minn. Stat. 256B.0625 subd. 3b (telehealth) and Minn. Stat. 256B.0949 subd. 13(l). 256B.0625 provides that services or consultations delivered through telehealth are paid at the full allowable rate. These sources do not establish a universal commercial-insurance ABA telehealth entitlement.

The EIDBI statute itself sets no general in-person requirement beyond limiting consecutive telehealth monthly observation-and-direction sessions to two; however, DHS guidance states that after two consecutive remote monthly observations the QSP must deliver observation and direction in person in the third month. Higher-intensity intervention sessions cannot occur via telehealth, and Level III providers do not qualify to deliver EIDBI via telehealth. The statute-only view is incomplete as operational guidance; providers should consult current DHS manuals for modifiers, place-of-service codes, and documentation requirements.

Monthly intervention observation and direction may be delivered via telehealth, but no more than two consecutive monthly sessions by telehealth; the QSP must conduct the third month's observation and direction in person.