This subdivision seems to be based on Arkansas Code § 17-97- 201(a)(3)(D), which provides that at least one (1) of the nine (9) members appointed to the board under subdivision (a)(2) of the statute “shall be a licensed psychologist who is a board certified behavior analyst or qualified behavior analyst or has a background and experience providing behavior analysis services.” The rule’s language appears to differ from the statute by making the behavior analyst a part of the nine (9) member membership requirement enumerated in Arkansas Code § 17-97-201(a)(2). Is there a reason that the rule appears to differ from the statute? RESPONSE: We agree with this comment; we have modified the language so that the new board member requirement fits into the four (4) psychologists listed in (C)(ii). There will still only be nine board 34 members that can serve on the board.

· 17 Car § 95-101