DC enacted behavior-analyst licensure in 2024 (D.C. Law 25-191; DC Code § 3-1202.11), directing the Mayor to issue licensure and scope rules within a year and adding a behavior-analyst seat to the Board of Psychology; because the rules are still maturing, BCBA certification remains the practical standard during the transition. On the entity side, a DC professional corporation ties ownership to continuous licensure (DC Code § 29-508), but the professional corporation is optional, and DC LLCs are governed by the Uniform Limited Liability Company Act (DC Code Title 29, Chapter 8), which imposes no licensed-ownership requirement, so an ordinary LLC may render behavior analysis and a non-licensee may own it. No DC statute requires an ABA business to be owned by licensed behavior analysts. What remains genuinely open is the detail of the Board of Psychology's still-maturing rules, which is the thing to confirm before you form.
The nine entity criteria at a glance
- Is ABA a licensed profession in DC, and how new is it
- The entity menu: what an ABA practice can use
- Can a behavior analyst form the professional entity
- Who is allowed to own it
- Formation, continuous licensure, and the biennial report
- Naming the entity
- Why choosing the entity is only half the question
- Tax treatment as a separate layer
- Multistate practice and foreign qualification
- How this connects to the rest of your compliance stack
- Forming the entity in DC: the sequence
- District of Columbia entity variables at a glance
- Frequently asked questions
- Where professional advice is essential
Is ABA a licensed profession in DC, and how new is it
Yes, and it is the newest licensure in this guide. DC enacted behavior-analyst licensure in 2024, placing it under the Board of Psychology (D.C. Law 25-191; DC Code § 3-1202.11). The statute directs the Mayor to issue rules for the licensure and scope of behavior-analysis practice within one year, covering a code of ethics, education and training criteria, a competency examination, and continuing education, and it requires the Board to hold public meetings before issuing those rules. It also adds a licensed behavior analyst to the Board of Psychology. Because the implementing rules are still maturing, BCBA certification remains the practical credential during the transition, and the precise contours of licensure are worth checking against the current rules.
The entity menu: what an ABA practice can use
DC's professional-entity picture centers on the professional corporation, with the LLC available under DC's general LLC act. The newness of ABA licensure makes confirming the current treatment especially worthwhile.
| Entity | Available for ABA? | Who may own it | When to use it |
|---|---|---|---|
| Standard LLC (DC Code Title 29, Chapter 8) | Yes | Any owner | The default form for an ABA practice; the Uniform LLC Act imposes no licensed-ownership rule. |
| Professional corporation (PC) (DC Code Title 29; § 29-508) | Yes, optional | All shareholders, directors, and officers licensed and continuously so | Optional licensee-owned form, with ownership tied to licensure. |
| Management company (MSO) | Optional companion | Owned by founders or investors | Optional; outside capital can also simply own the standard LLC directly. |
Can a behavior analyst form the professional entity
Yes. Now that behavior analysis is a licensed profession in DC, a behavior analyst may render it through an ordinary LLC, which a non-licensee may own, or through an optional licensee-owned professional corporation. The caveat is timing: because licensure was created in 2024 and the Board of Psychology's rules were still being issued afterward, confirm the operational details against the current rules before you form.
DC's entity rules are stable; its behavior-analysis rules are brand new. An ABA practice can be an ordinary LLC that a non-licensee owns; what is genuinely unsettled is the detail of the Board of Psychology's still-maturing rules, so confirm those before you form.
Who is allowed to own it
Anyone, if the practice uses an ordinary LLC, because DC's Uniform Limited Liability Company Act (DC Code Title 29, Chapter 8) imposes no licensed-ownership requirement. The all-licensed rule applies only if you choose a professional corporation, where all shareholders, directors, and officers must be and remain licensed (DC Code § 29-508). No DC statute requires an ABA business to be owned by licensed behavior analysts, so a non-licensee may own the practice.
Formation, continuous licensure, and the biennial report
DC formation runs through the Department of Licensing and Consumer Protection's corporations function. DC does not generally require an entity-level certificate from the Board of Psychology before the entity is formed; the substantive control is the continuous-licensure requirement on the owners (DC Code § 29-508). DC entities also file a periodic biennial report (commonly the Form BRA-25) to stay in good standing. The practitioners must hold their DC behavior-analyst credentials, and because the licensure rules are new, confirm the current filing and credentialing steps before you rely on a particular sequence.
Naming the entity
A DC professional corporation uses a professional-corporation designator under Title 29, and a DC LLC uses a limited-liability-company designator under the Uniform LLC Act. Names must be distinguishable on the corporations registry. Clear the name with the Department of Licensing and Consumer Protection before filing, and use the designator that matches the form you choose.
Why choosing the entity is only half the question
For an ABA practice the entity is an ordinary LLC, which a non-licensee may own, so an investor, a co-founder, or a clinician from another field can hold equity in the practice directly. A separate management company is optional rather than required; it is the vehicle for outside capital only if you choose the licensee-owned professional corporation. The binding constraints come from the federal anti-kickback and Stark rules and payor contracts, not a DC entity-ownership bar.
Read next: Do you need an MSO for your ABA practice in the District of Columbia?
Tax treatment as a separate layer
Entity form and tax classification are separate choices. A DC LLC is taxed by default as a sole proprietorship or partnership depending on the number of members and can elect corporate or S-corporation treatment, and DC imposes its own franchise tax considerations on certain entities. A professional corporation is a corporation for tax purposes unless it makes an S election. The tax choice sits on top of the entity analysis; decide it with a tax adviser, and account for DC's specific franchise-tax rules.
Multistate practice and foreign qualification
If you operate beyond the District, the DC entity is only your home-jurisdiction piece, which is especially relevant here because most DC-area practices also serve Maryland and Virginia, two jurisdictions with quite different entity rules. To deliver services in another jurisdiction you generally register there as a foreign entity and meet that jurisdiction's own ownership and entity rules. A structure built for DC will not automatically satisfy Maryland, which has no PLLC, or Virginia, which channels licensed practices into professional entities through the Board of Medicine. Multistate groups usually standardize on a structure that satisfies the strictest jurisdiction in the footprint. See the practice expansion and sale page for the multistate view.
How this connects to the rest of your compliance stack
Entity choice is one layer. Others interact with it:
- Ownership and outside capital. An ordinary LLC may have non-licensee owners, so outside capital can own the practice directly; a management company is needed only if you choose the licensee-owned professional corporation. See the DC MSO and ownership page.
- Licensing and credentialing. The owners and clinicians must hold the DC behavior-analyst credential, with rules still maturing. See licensing and credentialing.
- Payor and Medicaid enrollment. The entity and its ownership are disclosed at enrollment and revalidation. See Medicaid and insurance mandates.
Forming the entity in DC: the sequence
- Confirm the current licensure rules. Check the Board of Psychology's behavior-analysis rules issued under D.C. Law 25-191, since they were still being developed after July 2024.
- License the practitioners. Behavior analysts credentialed in DC; BCBA remains the practical standard during the transition. Owners of a standard LLC need not be licensed.
- Form a standard LLC. An ordinary LLC under the Uniform LLC Act (Title 29, Chapter 8) may render ABA with any owner; a licensee-owned professional corporation is optional.
- Clear the name and file. File with the Department of Licensing and Consumer Protection using ordinary LLC naming.
- Calendar the biennial report. DC entities file a periodic biennial report (Form BRA-25) to stay in good standing.
- Confirm with DC counsel. Especially on the current ABA rules, any management-company structure, and the Maryland and Virginia footprint most DC-area practices have.
District of Columbia entity variables at a glance
| Variable | District of Columbia value |
|---|---|
| Is ABA a licensed profession? | Yes; enacted 2024 (D.C. Law 25-191; DC Code § 3-1202.11), rules still maturing |
| Regulator | Board of Psychology, now including a behavior-analyst member |
| Is a professional entity required? | No; an ordinary LLC may render ABA under the Uniform LLC Act (Title 29, Chapter 8), with no licensed-ownership rule |
| Who may own a standard LLC | Any owner |
| Professional corporation ownership (if used) | All shareholders, directors, and officers licensed and continuously so (DC Code § 29-508) |
| Does any statute require LBA ownership? | No; only Illinois and New York expressly require ABA businesses to be owned by licensed behavior analysts |
| Board approval to form? | No entity-level board pre-approval |
| What is genuinely unsettled | The detail of the Board of Psychology's still-maturing behavior-analysis rules; confirm before forming |
| Ongoing filing | Biennial report (Form BRA-25) |
| Key authorities | D.C. Law 25-191; DC Code § 3-1202.11; § 29-508; Title 29, Chapter 8 |
Frequently asked questions
Is ABA licensed in the District of Columbia?
Can a non-licensee own my DC ABA practice?
Does DC have a PLLC?
Can a behavior analyst form a professional entity in DC?
What ongoing filing does a DC entity have?
Where professional advice is essential, not optional
DC is the most fluid jurisdiction in this guide on the licensing side, because behavior-analyst licensure was created in 2024 and the rules were still being written afterward. The entity framework is stable and open: an ordinary LLC may render behavior analysis with non-licensee ownership, and the licensee-owned professional corporation is optional. What is genuinely unsettled is the detail of the Board of Psychology's behavior-analysis rules, which, with the Maryland and Virginia footprint most DC-area practices have, is exactly what to confirm with DC counsel before you form.
The governing authorities to know are the behavior-analyst licensure provisions (D.C. Law 25-191; DC Code § 3-1202.11), the Uniform Limited Liability Company Act (DC Code Title 29, Chapter 8), and the optional professional-corporation continuous-licensure requirement (DC Code § 29-508).
This page describes general patterns in a regulatory environment that is changing, and DC's behavior-analyst licensure rules were still developing after 2024. The DC Department of Licensing and Consumer Protection, the Board of Psychology, and qualified counsel provide current requirements. Neither this page nor any secondary source should be relied on in place of direct verification with the relevant authorities and counsel.