Statutory Source Reference · Arizona · 2026

The professional-entity decision for ABA in Arizona

Arizona licenses behavior analysts through the Board of Psychologist Examiners, but a 2022 statute lets any licensed health professional practice through, and be employed by, any form of business entity. The professional corporation and PLLC are available, not required, and lay ownership is permitted. Below are the provisions, verbatim.

Important · Not legal advice; do not rely on this without a lawyer

This page is general educational information, not legal, tax, or financial advice, and it is not produced by an attorney. Reading it creates no attorney-client relationship. The verdict is an interpretation of statutes that are amended, repealed, and reinterpreted by courts and agencies, and that apply differently to the specific facts of any practice, so it may be incomplete, outdated, or wrong. Verbatim text should be confirmed against the current official code. Do not form an entity, raise capital, buy or sell a practice, or make any other decision in reliance on this page. Engage a licensed attorney in Arizona before acting.

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Arizona · summary and verdict
Arizona licenses behavior analysts under Title 32, Chapter 19.1, Article 4, through the Board of Psychologist Examiners, so the practice is reserved to licensees. But Arizona is the most permissive state in this set on ownership. A 2022 statute provides that a health professional, which by definition includes a Chapter 19.1 behavior analyst, may practice through, and be employed by, any form of business entity in the state, with the sole carve-out being optometry. The professional corporation and PLLC forms exist and, if used, render services through licensed individuals, but even a professional corporation may have up to forty-nine percent non-licensee ownership, and Arizona expressly lets a licensed professional use any other business form unless the licensing law forbids it, which the behavior analyst article does not. Arizona's corporate-practice doctrine is only a narrow common-law rule from two old optometry cases and does not force licensed ownership of ABA. A non-licensee may wholly own a standard LLC that employs licensed behavior analysts. The live constraints are the disciplinary rules and the federal and Medicaid anti-kickback regime, not an entity-ownership bar.

The five rows below carry the operative statutory language verbatim, each quote pulled from the official code. This page is one state from the full state-by-state reference. Nothing here is legal, tax, or financial advice.

The five-part test in brief

Whether an ABA practice needs a professional entity is a stack of five questions. The licensing act is the gateway, because an unlicensed profession is generally not a professional service and an ordinary entity governs. The professional-entity statute supplies the form and the ownership rule that applies if that form is used. The scope definition decides whether ABA is actually inside that statute. The corporate-practice doctrine, a separate body of law that often lives in the medical practice act or case law rather than the entity statute, is usually what forces licensed ownership and pushes outside capital into a management company. And the fee-splitting and anti-remuneration rules constrain management-fee economics even where ownership is open. The rows below run those five against this state's actual code, quoting the operative language so the position rests on the statute.

Arizona, provision by provision

Arizona

Ownership open; any business entity permitted

Holding: a non-licensee may wholly own a standard Arizona LLC that delivers ABA. ABA is licensed, but a 2022 statute lets any health professional practice through or be employed by any form of business entity, the professional forms are optional, and even a professional corporation may sell up to forty-nine percent of its voting shares to non-licensees.

1Licensed Profession2Prof Entity State3ABA Prof Entity4Non Professional Ownership5Fee splitting
1Is ABA a licensed profession?

Yes. Arizona licenses behavior analysts under Title 32, Chapter 19.1, Article 4, with the license issued and regulated by the Board of Psychologist Examiners, and applied behavior analysis has been a licensed profession in the state since 2011. Practicing or supervising behavior analysis without a license is a class 2 misdemeanor under the article's violations section.

Conclusion. ABA is a licensed profession in Arizona, the gateway for the entity questions below, but the gateway carries no ownership rule with it.

2The professional-entity rule: is one required, and who may own it

A professional entity is not required; Arizona permits ABA through an ordinary business entity, and the professional forms are optional. If the professional corporation or professional LLC is chosen, Arizona is unusually open about ownership: it permits non-licensees to hold up to forty-nine percent of the voting shares, far more room for outside equity than the licensee-only rule in strict states.

Verbatim, A.R.S. § 10-2222Other persons, if after the issuance of voting shares the other persons in the aggregate do not hold more than forty-nine per cent of the voting shares, unless a greater or lesser percentage is prescribed by the licensing authority.

Conclusion. No professional entity is required, and even the optional professional form leaves room for non-licensees to hold up to forty-nine percent of the voting shares.

3Does the rule reach ABA? The scope link

The professional forms reach ABA because Arizona defines a professional service by general category, a service that only a licensed person may lawfully render, so applied behavior analysis qualifies and a professional corporation or PLLC is available to a behavior analyst. But availability is the operative word, and the next axis makes the professional form optional rather than required.

Verbatim, A.R.S. § 10-2201(6)Professional service means a service that may be lawfully rendered only by a person licensed or otherwise authorized by a licensing authority in this state to render the service.

Conclusion. ABA qualifies for the professional form, so the form is available; availability is not a requirement, as the next axis shows.

4Corporate-practice doctrine and ownership by law

Ownership. No ownership-by-law rule restricts who may hold equity in an ABA practice. A 2022 statute lets a health professional practice through, or be employed by, any form of business entity, with optometry the only carve-out, and the companion definition makes a Chapter 19.1 behavior analyst a health professional, so the rule reaches ABA directly. The professional-corporation statutes themselves also preserve a licensed professional's right to render services in any other business form, including an ordinary corporation, unless the licensing law forbids it, and the behavior analyst article does not.

Clinical control. The Arizona corporate-practice doctrine is only a narrow common-law rule drawn from two old optometry cases; it has never been extended by statute to force licensed ownership or to require that clinical judgment be held by the owner rather than by the licensed staff who render the service. Ownership is open because neither equity nor clinical control is restricted for ABA.

Verbatim, A.R.S. § 32-3230.01Except as provided in section 32-1753, a health professional may engage in the practice for which the health professional is licensed in any form of business entity in this state or as an employee of any form of business entity in this state.
Verbatim, A.R.S. § 32-3201(2) (who is a health professional)Health professional means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17.

Conclusion. A non-licensee may wholly own a standard LLC that employs licensed behavior analysts.

5Fee-splitting and illegal remuneration

Open ownership does not mean open money. A behavior analyst remains subject to the article's grounds for discipline, which reach unprofessional conduct and improper financial arrangements, and any ABA practice that bills Medicaid through AHCCCS or commercial insurers is bound by the federal anti-kickback statute and the Stark self-referral rules. Arizona does not layer on a broad professional fee-splitting statute, so the binding limits on a management fee come mainly from the federal and payor side.

Conclusion. A management agreement should be priced at fair market value to the federal and payor rules; Arizona adds no broad state fee-splitting bar.

Holding and chain of reasoning

ABA is a licensed profession in Arizona (axis one), but no professional entity is required: the professional forms are optional, and even a professional corporation may sell up to forty-nine percent of its voting shares to non-licensees (axes two and three). A 2022 statute lets any health professional, including a behavior analyst, practice through or be employed by any form of business entity, and the only corporate-practice rule is a narrow optometry-based common-law doctrine never extended to ABA (axis four). The money rules come from the federal and payor side rather than a state fee-splitting statute (axis five). Therefore a non-licensee may wholly own a standard Arizona LLC that delivers ABA.


Outlook: how this verdict could change

Likelihood of change: Low. Arizona has trended toward openness and is not among the states that tightened ownership in 2025, and no ABA-specific bill has been identified. The verdict would change only if the 2022 statute that lets any business entity employ a licensee were repealed or narrowed, or a new corporate-practice or ownership-restriction law were enacted.

What to watch. Arizona legislative activity touching the professional-entity statutes or a new corporate-practice rule; none is currently pending for ABA.

Disruption if it changes: Low. Any realistic change would add reporting or clinical-control terms rather than a new entity form, so existing entities and credentials would carry over.


Where professional advice is essential, not optional

Verbatim statutory text is a starting point, not a conclusion. Statutes are amended, agencies issue rules that fill them in, and courts interpret them. Arizona is also in the middle of moving the behavior analyst statutes into a new chapter and weighing a separate behavior analyst board, so section numbers may shift even where the substance holds. Use this page to locate the operative provisions and to speak from the source, then confirm the current text and citations against the official code and engage qualified Arizona counsel before acting. The entity verdict is also only one layer of an Arizona practice's obligations, alongside the facility and records rules and the Arizona Medicaid enrollment that discloses the entity and its owners. Nothing here is legal, tax, or financial advice.

Confirm current requirements directly

The provisions quoted here change and are interpreted by agencies and courts, and the behavior analyst statutes are being renumbered. The official Arizona code and qualified Arizona counsel are the authoritative sources. Neither this page nor any secondary source should be relied on in place of direct verification and professional advice.

Last updated June 2026. A statute-level reference for the Arizona ABA professional-entity and ownership question, with operative language quoted verbatim from public statutory sources. Statutes change and are interpreted by agencies and courts, and the behavior analyst statutes are being renumbered. Nothing here is legal, tax, or financial advice. Confirm against the official code and consult qualified counsel before relying on this information.