Statutory Source Reference · Wyoming · 2026

The professional-entity decision for ABA in Wyoming

In Wyoming, ABA is licensed under Wyo. Stat. Title 33, Chapter 27 through the Board of Psychology, but the professional-corporation form is elective and the corporate-practice doctrine is physician-specific, so ownership stays open. Below are the five provisions that decide the entity question, quoted 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 The verdict is an interpretation of statutes that are amended, repealed, and reinterpreted by courts and agencies, and that apply differently to the specific facts of any practice, so it may be incomplete, outdated, or wrong.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 Wyoming before acting.

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Wyoming · summary and verdict
ABA is licensed under Wyo. Stat. Title 33, Chapter 27, administered by the Board of Psychology since 2023 under House Bill 0110. Wyoming's professional-corporation form is elective and the corporate-practice doctrine is physician-specific, so no professional entity is required and a non-licensee may own an ordinary LLC employing licensed analysts. A professional corporation is available but optional.

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.

Wyoming, provision by provision

Wyoming

Ownership open

Holding: a non-licensee may own an ordinary Wyoming LLC that employs licensed behavior analysts. No professional entity is required; the professional-corporation form under Title 17 is available but optional; behavior analysts are licensed through the Board of Psychology, so the corporate-practice question routes through psychology rather than medicine, and neither reaches ABA; and management-fee economics are constrained by the Medicaid Fraud Control Act, which reaches any provider billing the program.

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

This matters because the entire professional-entity analysis applies only to a licensed profession. Wyoming licenses behavior analysts and assistant behavior analysts under Title 33, Chapter 27, which is titled "Psychology and Behavior Analysts," and the Board of Psychology has administered these licenses since House Bill 0110 took effect in January 2023. The placement of the profession alongside psychology under the Board of Psychology, outside the medical framework, is the fact that controls the corporate-practice analysis in axis four.

Verbatim, Wyo. Stat. § 33-27-124(a)(i) (requirements for licensure; behavior analysis)For licensure as a behavior analyst, the applicant holds a current certification as a board certified behavior analyst verified by the board with the certifying entity.
Verbatim, Wyo. Stat. § 33-27-124(c) (assistant; supervision)Any person licensed under this section as an assistant behavior analyst may engage in the practice of behavior analysis only under the supervision of a licensed behavior analyst or licensed psychologist in compliance with the requirements of the certifying entity and as provided by rule of the board.
2The professional-entity rule: is one required, and who may own it

Wyoming's professional entities live in the professional-corporation provisions of Title 17. The form is permissive rather than compulsory: it supplies an optional vehicle that a licensed practitioner may elect, and it does not compel a licensed profession into a professional entity or bar an ordinary LLC from employing licensed practitioners.

Verbatim, Wyo. Stat. § 17-3-104 (rendering professional services)A professional corporation may render professional services only through its officers, employees, and agents who are duly licensed or otherwise legally authorized to render the same professional services within this state.
3Does the rule reach ABA? The scope link

The scope link decides whether the professional-entity rule actually reaches ABA. Wyoming's professional-corporation law defines the service by reference to a required license, and behavior analysts are licensed by the Board of Psychology, so ABA is a professional service capable of using the elective form. But because the form is optional and no corporate-practice rule compels it, the scope link does not force a professional entity on an ABA practice; it only makes the form available.

Verbatim, Wyo. Stat. § 17-3-102 (professional corporations; definitions)"Professional service" means any type of personal service to the public that requires as a condition precedent to the rendering of the service the obtaining of a license or other legal authorization.
4Corporate-practice doctrine and ownership by law

The ownership conclusion rests on the absence of any rule forcing licensed ownership, established on two independent grounds. First, the professional-corporation form is elective, an ABA practice that never elects it is never reached by its ownership rules. Second, the corporate-practice doctrine that could otherwise force licensed ownership is physician-specific, rooted in the Medical Practice Act and enforced by the Board of Medicine, and it reaches physicians. Wyoming licenses behavior analysts through the Board of Psychology under a chapter titled Psychology and Behavior Analysts, so any doctrine reaching the profession would have to come through psychology, and the psychology framework carries no corporate-practice bar. Neither the entity statute nor any professional doctrine reaches an ABA practice, so a non-licensee may own an ordinary Wyoming LLC that employs licensed behavior analysts.

Verbatim, Wyo. Stat. § 33-26-301 (license required to practice medicine)No person may practice or attempt to practice medicine, surgery or obstetrics within this state without a license issued by the board of medicine, except as otherwise provided by law.
5Fee-splitting and illegal remuneration

Open ownership does not mean open economics. Wyoming's profession-specific fee-splitting bars sit in the medical discipline provisions and reach physicians, so the constraint on an ABA practice comes from the Medicaid Fraud Control Act and the federal anti-kickback rule, neither of which is physician-specific. The state statute reaches anyone who solicits, receives, offers, or pays anything of value for referring an individual for a service reimbursable under the Wyoming Medicaid program, and it reaches an ABA practice the moment it bills Medicaid; the federal statute reaches the same practice through Medicaid and Medicare. Together they mean ownership can sit with a non-licensee while the management fee cannot be structured freely. The practical consequence is the same one that governs every open-ownership state: the management fee must be fixed at fair market value for services actually rendered, not set as a share of clinical revenue or keyed to patient volume or referrals, because a percentage-of-revenue fee is precisely what these statutes police.

Wyo. Stat. § 42-4-407(a) (Medicaid Fraud Control Act; kickbacks) [citation verified; verbatim text pending]A person may not solicit or receive, or offer or pay, anything of value, including any kickback, bribe, or rebate, directly or indirectly, in return for referring an individual for the furnishing of any item or service for which payment may be made in whole or in part under the Wyoming Medicaid program.

Reading the five together: ABA is a licensed profession in Wyoming under the Board of Psychology (axis one), the professional-corporation form is elective (axis two), the scope definition makes the form available but not compulsory (axis three), the corporate-practice doctrine reaches medicine only and psychology carries none reaching ABA (axis four), and the only live constraint is the Medicaid Fraud Control Act and the federal anti-kickback rule, which police management-fee economics rather than ownership (axis five). Therefore a non-licensee may own an ordinary Wyoming LLC that employs licensed behavior analysts, with the professional-corporation form available but optional.

This entity question sits alongside the other state analyses in the entity decision pillar and the broader ABA compliance knowledge base: how Wyoming handles professional entity formation and management and ownership structures, its licensing regime, the facility and records rules, and its Medicaid enrollment framework each carry part of the picture.


Outlook: how this verdict could change

Likelihood of change: Low. Wyoming licensed behavior analysts through the Board of Psychology effective 2023 and has not moved to restrict ABA ownership or extend a corporate-practice doctrine to the behavioral professions. Rules signed effective October 2025 addressed process, not ownership.

What to watch. Any amendment to Title 33, Chapter 27 or the medical practice act that would extend corporate-practice or ownership restrictions to behavior analysts; none currently does.

Disruption if it changes: Low. A realistic change would add clinical-control or reporting terms rather than compel a new entity form.


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, so the corporate-practice and fee-splitting questions in particular often turn on interpretation rather than the words on the page. Use this page to locate the operative provisions and to speak from the source, then confirm the current text against the official code and engage qualified Wyoming counsel before acting. Nothing here is legal, tax, or financial advice.

Confirm current requirements directly

The provisions quoted here change and are interpreted by agencies and courts. The official Wyoming code and qualified Wyoming 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 Wyoming ABA professional-entity and ownership question, with operative language quoted verbatim from public statutory sources. Statutes change and are interpreted by agencies and courts. Nothing here is legal, tax, or financial advice. Confirm against the official code and consult qualified counsel before relying on this information.