Indiana licenses behavior analysts under the Behavior Analyst Licensing Act, added in 2021 with applications opened May 13, 2025; an individual may not "practice applied behavior analysis" without the license (Ind. Code § 25-8.5-3-6(a)(3); P.L. 212-2021). The Professional Corporation Act provides that "one or more health care professionals may form a professional corporation to render services that may legally be performed only by a health care professional" (Ind. Code § 23-1.5-2-3(a)(4)), and defines "health care professional" as an individual licensed by a board listed in Ind. Code § 25-1-9-1, which includes the Behavioral Health and Human Services Licensing Board under which the Behavior Analyst Committee sits (Ind. Code § 23-1.5-1-8). The LLC Act empowers an LLC, "to the extent authorized by the licensing authority," to "provide professional services" (Ind. Code § 23-18-2-2(15)), and preserves the licensing authority's power to regulate professional services rendered through an LLC (§ 23-18-2-3). Indiana's corporate-practice provisions live in the Medical Practice Act and govern physicians (Ind. Code § 25-22.5-1-2).
The nine entity criteria at a glance
- Is ABA a licensed profession in Indiana, and under which board
- The entity menu: what an ABA practice can use
- Can a behavior analyst form the professional entity
- Who is allowed to own it
- Where the two archetypes split
- The licensing authority's reserved power over LLCs
- 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 Indiana: the sequence
- Indiana entity variables at a glance
- Frequently asked questions
- Where professional advice is essential
Is ABA a licensed profession in Indiana, and under which board
Yes, and recently. The Behavior Analyst Licensing Act was added to the Indiana Code in 2021 (Ind. Code art. 25-8.5, P.L. 212-2021), but the Professional Licensing Agency did not open applications for licensed behavior analysts and licensed assistant behavior analysts until May 13, 2025, and reported in December 2024 that its administrative rules were still being promulgated. The Act is unconditional once in force: an individual may not "practice applied behavior analysis" or use the LBA or LABA titles without a license, subject to exceptions for other licensed health professionals within scope, students, short-term out-of-state practice, technicians and family members acting under a licensee's direction, and organizational consulting (§ 25-8.5-3-6). Licensure is administered by the Behavior Analyst Committee under the Behavioral Health and Human Services Licensing Board, the same board that licenses social workers, marriage and family therapists, and mental health counselors. That placement matters for entity law, covered next. The licensure mechanics are on the Indiana licensing and credentialing page.
The entity menu: what an ABA practice can use
Indiana has a professional corporation statute and no separate professional LLC statute; an ordinary LLC may render professional services within the licensing authority's rules. Both routes are open to an ABA practice, and neither is required.
| Entity | Available for ABA? | Who may own it | When to use it |
|---|---|---|---|
| Standard LLC (Ind. Code art. 23-18) | Yes; the prevailing form | Open; a non-licensee may own | The default. May provide professional services "to the extent authorized by the licensing authority" (23-18-2-2(15)); the committee has adopted no ownership rule. |
| Professional corporation (PC) (Ind. Code art. 23-1.5) | Yes; elective | Health care professionals licensed by a 25-1-9-1 board; at least one licensed in Indiana (23-1.5-2-3(c)) | Available if licensees want the professional form. Unusually, may be co-owned across health professions. |
| Business corporation (Ind. Code art. 23-1) | Yes | Open | An alternative to the LLC for tax or investor reasons. |
| Management company (MSO) | Companion entity | Owned by founders or investors | Optional; useful for multi-entity administration or if a physician component enters the structure. |
Can a behavior analyst form the professional entity
Yes. Indiana defines "health care professional" not by a list of professions but by a list of boards: an individual "licensed, certified, or registered by a board (as defined in IC 25-1-9-1)" (Ind. Code § 23-1.5-1-8). Section 25-1-9-1 names the Behavioral Health and Human Services Licensing Board, under which the Behavior Analyst Committee licenses behavior analysts, so a licensed behavior analyst is a health care professional for the Act, and "one or more health care professionals may form a professional corporation to render services that may legally be performed only by a health care professional" (§ 23-1.5-2-3(a)(4)). The Act is elective from that word "may," and nothing in the licensing act or the LLC Act channels ABA into it. Because the licensure and its board structure are new, a practice that elects the PC should confirm with the Professional Licensing Agency that it will issue the certificate the Secretary of State expects with the articles.
Indiana wrote its professional corporation statute around boards rather than professions. Every health profession licensed by a listed board is one class, which is why a psychologist and a behavior analyst can own one Indiana PC together, and why the form is elective for both of them.
Who is allowed to own it
For an ABA-only practice, anyone, through a standard LLC. The LLC Act authorizes professional services subject to the licensing authority (§ 23-18-2-2(15)), and the Behavior Analyst Committee has adopted no rule restricting the form or ownership of the entity a licensee practices through; its rulemaking, per the Professional Licensing Agency's December 2024 notice, was still in progress, and the Act itself contains no ownership provision. Indiana's corporate-practice rules are physician rules: the Medical Practice Act's exclusions govern who may employ physicians and on what terms (Ind. Code § 25-22.5-1-2), and nothing extends them to behavior analysis. If a professional corporation is elected instead, its shares may be held only by health care professionals, at least one of whom is licensed in Indiana (§ 23-1.5-2-3(c)), so the election closes ownership to licensees; it does not close it to behavior analysts alone.
Where the two archetypes split
Indiana is the state in this build where the split is narrowest. A practice that adds an in-house psychologist for diagnostic evaluations does not need a second entity. Psychologists are licensed by the State Psychology Board, which is also on the 25-1-9-1 list, so a psychologist and a behavior analyst are both "health care professionals" and may together form and own one professional corporation rendering services "that may legally be performed only by a health care professional" (§§ 23-1.5-1-8, 23-1.5-2-3(a)(4)). Most states force the two professions into separate entities; Indiana does not. The remaining constraint is the psychology board's own view of the business form its licensees may practice through, and the Medical Practice Act if a physician rather than a psychologist provides the diagnostics, since physicians are the profession Indiana's corporate-practice exclusions actually address. For the ABA-only archetype and for the psychologist-diagnostics archetype, a standard LLC owned by a non-licensee employing both professions is available on the current rule text; a physician component is where the analysis tightens.
The licensing authority's reserved power over LLCs
Indiana's LLC Act does two things that matter here. It grants an LLC the power, "to the extent authorized by the licensing authority (as defined in IC 23-1.5-1-9)," to "provide professional services (as defined in IC 23-1.5-1-11)" (§ 23-18-2-2(15)), and it provides that nothing in the Act "is intended to restrict or limit in any manner the authority and duty of any licensing authority" to regulate professional services "notwithstanding that the member, manager, or employee of a limited liability company is providing professional services or engaging in the practice of a profession through the limited liability company" (§ 23-18-2-3). The gate is therefore the Behavior Analyst Committee and its parent board. As of this page they have adopted no entity or ownership rule, and Indiana's other health boards have not generally used this power to channel their licensees into licensee-owned entities. That is why Indiana is open for ABA today. It is also why the classification rests on a rule text that could change: the committee's rulemaking is recent and ongoing, and a practice-structure rule would revise this analysis. Watch the Indiana Register for the committee's rules.
Naming the entity
An Indiana LLC name must contain "limited liability company" or the abbreviation "L.L.C." or "LLC" (Ind. Code § 23-0.5-3-2(d)). A professional corporation's name must include "Professional Services Corporation," "Professional Corporation," or an abbreviation, may not imply a purpose the entity lacks, and may use "medical" only if all shareholders are licensed physicians (§ 23-1.5-2-8; § 23-0.5-3-2). Clear the name with the Secretary of State before filing.
Why choosing the entity is only half the question
Picking the form is one decision. Who may own it, and how outside capital comes in, is the other, and in Indiana both are open for ABA-only practice: a standard LLC that anyone may own, with outside capital in the clinical entity itself if the parties want it there. The management company is a design choice for multi-site administration or a physician component rather than a legal necessity. Indiana adds one deal-stage layer to keep in view: the health care transaction notice law enacted as SEA 9, which requires advance notice to the Attorney General for covered transactions and is covered on the ownership page.
Read next: Do you need an MSO for your ABA practice in Indiana?
Tax treatment as a separate layer
Entity form and tax classification are separate choices. An Indiana 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; a professional corporation is a corporation unless it makes an S election. Indiana's flat individual income tax and its adjusted gross income tax on corporations are both modest by national standards, so the choice usually turns on federal considerations. Decide the tax layer with an Indiana tax adviser.
Multistate practice and foreign qualification
If you operate beyond Indiana, the Indiana LLC is only your home-state piece. To deliver services in another state you generally register there as a foreign entity and meet that state's own ownership and entity rules. Illinois, next door, mandates licensed ownership of ABA businesses by January 15, 2027, so an Indiana LLC owned by a non-licensee cannot simply qualify in Illinois and continue. Multistate groups usually standardize on a structure that satisfies the strictest state in the footprint rather than the most permissive. 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. Indiana is open for ABA-only practice; SEA 9 deal notice applies at the transaction stage. See the Indiana MSO and ownership page.
- Licensing and credentialing. Every clinician delivering ABA holds the new license, and the committee's rules govern supervision and continuing education. See licensing and credentialing in Indiana.
- Payor and Medicaid enrollment. The entity and its ownership are disclosed at enrollment and revalidation, and Indiana Medicaid's ABA benefit has been under active audit scrutiny. See Indiana Medicaid and the insurance mandate.
Forming the entity in Indiana: the sequence
- License the practitioners. Behavior analysts and assistants licensed through the Professional Licensing Agency under Ind. Code art. 25-8.5.
- Choose the form. Standard LLC is the default; the professional corporation is elective and may be co-owned with a psychologist.
- Clear the name. LLC designator under 23-0.5-3-2(d); PC designator under 23-1.5-2-8 if elected.
- File with the Secretary of State. Articles of organization for the LLC; articles of incorporation for a PC, with any licensing-authority certificate the Agency requires.
- Adopt an operating agreement. Set ownership and management, and reserve clinical authority to a licensed behavior analyst clinical director.
- Watch the rules. The Behavior Analyst Committee's rulemaking is recent; an entity rule adopted under 23-18-2-3 would change the LLC analysis.
Indiana entity variables at a glance
| Variable | Indiana value |
|---|---|
| Is ABA a licensed profession? | Yes; Behavior Analyst Licensing Act, Ind. Code art. 25-8.5 (2021), applications opened May 13, 2025; practice restriction at 25-8.5-3-6(a)(3) |
| Is a PLLC available? | No separate form; an LLC may provide professional services to the extent the licensing authority permits (23-18-2-2(15)) |
| Professional corporation | Available and elective (23-1.5-2-3(a)(4), "may form") |
| Who may own a professional corporation | Health care professionals licensed by a 25-1-9-1 board, at least one licensed in Indiana (23-1.5-1-8; 23-1.5-2-3(c)) |
| Multi-profession ownership | Permitted within the health care professional class; a psychologist and a behavior analyst may co-own one PC |
| Licensing-authority entity rule for ABA | None adopted; rulemaking in progress |
| Corporate-practice doctrine | Physician-focused, in the Medical Practice Act (25-22.5-1-2); not extended to behavior analysis |
| Ownership flexibility for ABA | Open; a non-licensee may own the standard LLC |
| Management company | Optional; SEA 9 transaction notice at the deal stage |
| Naming | LLC designator (23-0.5-3-2(d)); PC designator (23-1.5-2-8) |
| Key authorities | Ind. Code art. 25-8.5; §§ 23-1.5-1-8, 23-1.5-2-3, 23-1.5-2-8; §§ 23-18-2-2, 23-18-2-3; § 25-1-9-1; § 23-0.5-3-2 |
Frequently asked questions
Do I need a professional corporation to run an ABA practice in Indiana?
Can a non-licensee own my Indiana ABA practice?
Can my psychologist and my behavior analysts own one professional corporation?
What is "the extent authorized by the licensing authority"?
Does the new license change entities formed before 2025?
Where professional advice is essential, not optional
Indiana is open for a pure ABA practice, and the entity answer is easy; the risk is that the licensure regime is new and its rules are not finished. The places to spend counsel's time are confirming that no committee rule on practice structure has been adopted as of formation, the psychology board's practice rules if a psychologist co-owns, the Medical Practice Act if a physician provides diagnostics, and SEA 9 notice at any transaction. Confirm the form, the ownership, and the tax treatment with an Indiana attorney and a tax adviser before you file.
The governing authorities to know are the Behavior Analyst Licensing Act (Ind. Code art. 25-8.5, especially § 25-8.5-3-6), the Professional Corporation Act (Ind. Code §§ 23-1.5-1-8 and 23-1.5-2-3), the LLC Act's professional-services provisions (Ind. Code §§ 23-18-2-2(15) and 23-18-2-3), and the board list that ties them together (Ind. Code § 25-1-9-1).
This page describes general patterns in a regulatory environment that changes, and Indiana's behavior analyst rules were still in promulgation at the last agency notice. The Indiana Secretary of State, the Professional Licensing Agency and its Behavior Analyst Committee, 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.