S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6963

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 26, 2013
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Higher Education

AN ACT to amend the education law, in relation to applied behavior anal-
  ysis

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                        APPLIED BEHAVIOR ANALYSIS
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".
        8803. THE  PRACTICE  OF  AND  USE OF THE TITLE "LICENSED APPLIED
                BEHAVIOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR  ANALY-
                SIS ASSISTANT".
        8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
        8805. SPECIAL PROVISIONS.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS.
  S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
APPLIED  BEHAVIOR  ANALYST"  AND  "CERTIFIED  APPLIED  BEHAVIOR ANALYSIS
ASSISTANT." THE GENERAL PROVISIONS  FOR  ALL  PROFESSIONS  CONTAINED  IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL
HAVE THE FOLLOWING MEANING:
  "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS THE DESIGN, IMPLEMENTATION,
AND  EVALUATION OF ENVIRONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI
AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT  IN  HUMAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08806-06-3
              

A. 6963                             2

BEHAVIOR,  INCLUDING  THE  USE  OF  DIRECT OBSERVATION, MEASUREMENT, AND
FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT  AND  BEHAV-
IOR.
  S 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".  1.
THE  PRACTICE  OF  "LICENSED  APPLIED  BEHAVIOR  ANALYST" SHALL MEAN THE
DESIGN, IMPLEMENTATION AND EVALUATION  OF  ENVIRONMENTAL  MODIFICATIONS,
USING  BEHAVIORAL  STIMULI AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIF-
ICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING THE USE OF DIRECT  OBSER-
VATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN
ENVIRONMENT  AND  BEHAVIOR,  PURSUANT TO A DIAGNOSIS AND PRESCRIPTION OR
ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE AUTHORIZED  TO  PROVIDE
SUCH  DIAGNOSTIC  AND  PRESCRIPTION  OR  ORDERING SERVICES PURSUANT TO A
PROFESSION ENUMERATED IN THIS TITLE, FOR THE PURPOSE OF PROVIDING BEHAV-
IORAL HEALTH SERVICES FOR PERSONS WITH AUTISM AND AUTISM SPECTRUM DISOR-
DERS; AND INCLUDES THE SUPERVISION OF CERTIFIED APPLIED BEHAVIOR  ANALY-
SIS ASSISTANTS IN THE PROVISION OF ABA SERVICES TO INDIVIDUALS.
  2.  THE  PRACTICE  OF  "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT"
MEANS THE SERVICES AND ACTIVITIES PROVIDED  BY  A  PERSON  CERTIFIED  IN
ACCORDANCE  WITH  THIS  ARTICLE  WHO  WORKS  UNDER  THE SUPERVISION OF A
LICENSED APPLIED  BEHAVIOR  ANALYST  TO  PERFORM  SUCH  PATIENT  RELATED
APPLIED  BEHAVIOR  ANALYSIS  TASKS  AS  ARE  ASSIGNED BY THE SUPERVISING
LICENSED APPLIED BEHAVIOR ANALYST.  SUPERVISION OF A  CERTIFIED  APPLIED
BEHAVIOR ANALYSIS ASSISTANT BY A LICENSED APPLIED BEHAVIOR ANALYST SHALL
BE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER.
  3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
SIS  OF  A  DISORDER  OR  CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR
PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
  4. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A)  PRESCRIBING  OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR
AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF  HIS
OR HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN THE PRACTICE OF HIS OR HER PROFESSION.  FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES, BUT  IS  NOT  LIMITED  TO,  SURGERY,
LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
THERAPY.
  S  8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED APPLIED BEHAV-
IOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT".  ONLY A
PERSON LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE  SHALL  PRACTICE
APPLIED  BEHAVIOR  ANALYSIS.  ONLY  A PERSON LICENSED OR CERTIFIED UNDER
THIS ARTICLE SHALL USE THE TITLES "LICENSED APPLIED BEHAVIOR ANALYST" OR
"CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT" OR ANY OTHER DESIGNATION
TENDING TO IMPLY THAT THE PERSON IS LICENSED OR  CERTIFIED  TO  PRACTICE
APPLIED BEHAVIOR ANALYSIS.
  S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.  1. TO
QUALIFY  FOR  CERTIFICATION  AS  A  CERTIFIED  APPLIED BEHAVIOR ANALYSIS
ASSISTANT, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A  BACHELOR'S  OR
HIGHER  DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF,  IN  ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.

A. 6963                             3

  (C)  EXPERIENCE:  HAVE  EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
  (D)  EXAMINATION:  PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
  (G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION  PERI-
OD.
  2. TO QUALIFY FOR A LICENSE AS A LICENSED APPLIED BEHAVIOR ANALYST, AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  HAVE  RECEIVED  AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
  (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE  OF  APPLIED  BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
  (D)  EXAMINATION:  PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
  (G) FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
FOR A LICENSE OR CERTIFICATION AS A LICENSED APPLIED BEHAVIOR ANALYST OR
A CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT, EXCEPT FOR EXAMINATION,
EXPERIENCE  AND  EDUCATION,  AND  WHO  IS  CERTIFIED  OR REGISTERED BY A
NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION  STANDARDS
ACCEPTABLE  TO  THE  COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT
MEETING ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCA-
TION, PROVIDED THAT  SUCH  INDIVIDUAL  SUBMITS  AN  APPLICATION  TO  THE
DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
  S  8806.  LIMITED  PERMITS.   THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT  TO
THIS ARTICLE:
  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY  BE
RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
  4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY  UNDER  SUPERVISION  AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  S  8807.  EXEMPTIONS.  1.  NOTHING  CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO LIMIT THE  SCOPES  OF  PRACTICE  OF  ANY  OTHER  PROFESSION
LICENSED UNDER THIS TITLE.
  2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
EMPLOYED BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLI-
TICAL SUBDIVISION, OR A CHARTERED  ELEMENTARY  OR  SECONDARY  SCHOOL  OR
DEGREE-GRANTING  INSTITUTION,  OR  AS  A  CERTIFIED  TEACHER OR TEACHING

A. 6963                             4

ASSISTANT, OTHER THAN A PUPIL PERSONNEL  SERVICES  PROFESSIONAL,  IN  AN
APPROVED PROGRAM AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION
FORTY-FOUR  HUNDRED  TEN OF THIS CHAPTER, OR OTHER SETTING TO THE EXTENT
THAT  THE  EXEMPTION  IN  PARAGRAPH  D  OF  SUBDIVISION  SIX  OF SECTION
FORTY-FOUR HUNDRED TEN OF THIS  CHAPTER  APPLIES,  FROM  PERFORMING  THE
DUTIES  OF  A  LICENSED  APPLIED BEHAVIOR ANALYST OR A CERTIFIED APPLIED
BEHAVIOR ANALYSIS ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT.
  3. NOTHING IN THE ARTICLE SHALL BE CONSTRUED AS PROHIBITING THE ACTIV-
ITIES AND SERVICES REQUIRED OF A STUDENT,  INTERN,  OR  RESIDENT  IN  AN
EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
SIONER'S  REGULATIONS,  PURSUING A COURSE OF STUDY LEADING TO A BACHELOR
OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE  DEPARTMENT
PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
THE  DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A
PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL  PROGRAM
ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
SUCH  PERSON  SHALL  BE DESIGNED BY TITLE WHICH CLEARLY INDICATES HIS OR
HER TRAINING STATUS.
  S 8808. STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS.    1.  A  STATE
COMMITTEE  FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD
OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL  ASSIST
ON  MATTERS  OF  LICENSURE  AND  PROFESSIONAL CONDUCT IN ACCORDANCE WITH
SECTION SIXTY-FIVE HUNDRED EIGHT  OF  THIS  TITLE.  NOTWITHSTANDING  THE
PROVISIONS  OF  SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS TITLE, THE
COMMITTEE SHALL ASSIST THE BOARD FOR MENTAL HEALTH PRACTITIONERS  SOLELY
IN  APPLIED  BEHAVIOR  ANALYSIS MATTERS, WHICH BOARD SHALL ALSO SERVE AS
THE STATE BOARD FOR APPLIED BEHAVIOR  ANALYSIS.  MEMBERS  OF  THE  FIRST
COMMITTEE  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE COMMITTEE.
  2. THE COMMITTEE SHALL CONSIST OF FIVE INDIVIDUALS, TO BE COMPOSED  OF
THE FOLLOWING:
  (A)  THREE LICENSED APPLIED BEHAVIOR ANALYSTS, OR TWO LICENSED APPLIED
BEHAVIOR ANALYSTS AND ONE CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT;
  (B) ONE LICENSED  PSYCHOLOGIST,  WHO  CURRENTLY  PRESCRIBES  TREATMENT
INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
  (C)  ONE MENTAL HEALTH PRACTITIONER LICENCED UNDER ARTICLE ONE HUNDRED
SIXTY-THREE OF THIS TITLE; AND
  (D) A PUBLIC REPRESENTATIVE, AS DEFINED IN PARAGRAPH B OF  SUBDIVISION
ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  S  2.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
6503-a of the education law, as added by chapter  130  of  the  laws  of
2010, is amended to read as follows:
  (i)  services  provided under article one hundred fifty-four [or], one
hundred sixty-three OR ONE HUNDRED SIXTY-SEVEN of this title  for  which
licensure would be required, or
  S 3. Subdivision 4 of section 7605 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
  4.  The  practice,  conduct,  activities,  or  services  by any person
licensed or otherwise authorized to practice  nursing  as  a  registered
professional  nurse  or  nurse practitioner within the state pursuant to
article one hundred thirty-nine of this title or by any person  licensed
or  otherwise authorized to practice social work within the state pursu-
ant to article one hundred fifty-four of this title, or  by  any  person
licensed  or  otherwise authorized to practice mental health counseling,
marriage and family therapy, creative arts  therapy,  or  psychoanalysis
within  the  state  pursuant  to article one hundred sixty-three of this

A. 6963                             5

title, OR ANY  PERSON  LICENSED  OR  OTHERWISE  AUTHORIZED  TO  PRACTICE
APPLIED  BEHAVIOR  ANALYSIS  WITHIN  THE  STATE  PURSUANT TO ARTICLE ONE
HUNDRED SIXTY-SEVEN OF THIS TITLE or any individual who is  credentialed
under  any  law,  including attorneys, rape crisis counselors, certified
alcoholism counselors, and certified  substance  abuse  counselors  from
providing  mental  health  services  within their respective established
authorities.
  S 4. Subdivision 1 of section 7706 of the education law, as amended by
chapter 230 of the laws of 2004, is amended to read as follows:
  1. Apply to the practice, conduct, activities, services or use of  any
title  by  any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform  services  as  a  physician
assistant  within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice psychology within  this  state  pursuant  to  article  one  hundred
fifty-three of this title or by any person licensed or otherwise author-
ized  to  practice  nursing  as a registered professional nurse or nurse
practitioner within this state pursuant to article one  hundred  thirty-
nine  of this title or by any person licensed or otherwise authorized to
practice occupational therapy within this state pursuant to article  one
hundred  fifty-six  of this title or by any person licensed or otherwise
authorized to practice mental health  counseling,  marriage  and  family
therapy,  creative  arts  therapy,  or  psychoanalysis  within the state
pursuant to article one hundred sixty-three of  this  title  OR  BY  ANY
PERSON  LICENSED  OR  OTHERWISE  AUTHORIZED TO PRACTICE APPLIED BEHAVIOR
ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF
THIS TITLE; provided, however, that no physician,  physician  assistant,
registered professional nurse, nurse practitioner, psychologist, occupa-
tional  therapist,  licensed  mental health counselor, licensed marriage
and family therapist, licensed creative arts  therapist,  [or]  licensed
psychoanalyst,  LICENSED  APPLIED  BEHAVIOR ANALYST OR CERTIFIED APPLIED
BEHAVIOR ANALYSIS ASSISTANT may use the titles "licensed clinical social
worker" or "licensed master social worker", unless licensed  under  this
article.
  S 5. Subdivision 1 of section 8410 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
  1.  Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to  practice  medi-
cine within the state pursuant to article one hundred thirty-one of this
title  or  by  any  person registered to perform services as a physician
assistant within the state pursuant to article one hundred  thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice  psychology  within  this  state  pursuant  to  article one hundred
fifty-three of this title or by any person licensed or otherwise author-
ized to practice social work within this state pursuant to  article  one
hundred fifty-four of this title, or by any person licensed or otherwise
authorized  to  practice  nursing  as a registered professional nurse or
nurse practitioner within this state pursuant  to  article  one  hundred
thirty-nine of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED  TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO
ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE; provided,  however,  that
no  physician,  physician's  assistant,  registered  professional nurse,
nurse practitioner, psychologist, licensed master  social  worker,  [or]
licensed  clinical  social  worker, LICENSED APPLIED BEHAVIOR ANALYST OR
CERTIFIED  APPLIED  BEHAVIOR  ANALYSIS  ASSISTANT  may  use  the  titles

A. 6963                             6

"licensed mental health counselor", "licensed marriage and family thera-
pist",  "licensed creative arts therapist", or "licensed psychoanalyst",
unless licensed under this article.
  S  6.  If any section of article 167 of the education law, as added by
section one of this act, or part thereof, shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of any other section or part thereof.
  S 7. This act shall take effect July 1, 2014, provided, however,  that
section  8805  of  the education law as added by section one of this act
shall take effect immediately; and provided further that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6963--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 26, 2013
                               ___________

Introduced  by  M. of A. MORELLE, ZEBROWSKI -- read once and referred to
  the Committee  on  Higher  Education  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, the limited  liability  company  law,
  the  partnership  law  and  the  social  services  law, in relation to
  applied behavior analysis

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                        APPLIED BEHAVIOR ANALYSIS
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".
        8803. THE  PRACTICE  OF  AND USE OF THE TITLE "LICENSED BEHAVIOR
                ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
        8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
        8805. SPECIAL PROVISIONS.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS.
  S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIR-
TY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8801. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL
HAVE THE FOLLOWING MEANING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08806-13-3

              

A. 6963--A                          2

  "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS THE DESIGN, IMPLEMENTATION,
AND EVALUATION OF ENVIRONMENTAL MODIFICATIONS, USING BEHAVIORAL  STIMULI
AND  CONSEQUENCES,  TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN
BEHAVIOR, INCLUDING THE USE  OF  DIRECT  OBSERVATION,  MEASUREMENT,  AND
FUNCTIONAL  ANALYSIS  OF THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAV-
IOR.
  S 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".  1.
THE PRACTICE OF  APPLIED  BEHAVIOR  ANALYSIS  BY  A  "LICENSED  BEHAVIOR
ANALYST"  SHALL  MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
RONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND  CONSEQUENCES,  TO
PRODUCE  SOCIALLY  SIGNIFICANT  IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING
THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL  ANALYSIS  OF
THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
AUTHORIZED  TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR ORDERING
SERVICES PURSUANT TO A PROFESSION ENUMERATED  IN  THIS  TITLE,  FOR  THE
PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
AND  AUTISM  SPECTRUM  DISORDERS AND RELATED DISORDERS; AND INCLUDES THE
SUPERVISION OF CERTIFIED BEHAVIOR ANALYST ASSISTANTS IN THE PROVISION OF
ABA SERVICES TO INDIVIDUALS.
  2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED  BEHAVIOR
ANALYST  ASSISTANT"  MEANS  THE  SERVICES  AND  ACTIVITIES PROVIDED BY A
PERSON CERTIFIED IN ACCORDANCE WITH THIS ARTICLE  WHO  WORKS  UNDER  THE
SUPERVISION  OF  A  LICENSED  BEHAVIOR  ANALYST  TO PERFORM SUCH PATIENT
RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
ING LICENSED BEHAVIOR ANALYST.   SUPERVISION  OF  A  CERTIFIED  BEHAVIOR
ANALYST  ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
WITH REGULATIONS OF THE COMMISSIONER.    NO  LICENSED  BEHAVIOR  ANALYST
SHALL SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
  3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
SIS  OF  A  DISORDER  OR  CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR
PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
  4. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
  (A)  PRESCRIBING  OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR
AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF  HIS
OR HER PROFESSION; OR
  (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE  IN THE PRACTICE OF HIS OR HER PROFESSION.  FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES, BUT  IS  NOT  LIMITED  TO,  SURGERY,
LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
THERAPY.
  S  8803.  THE  PRACTICE  OF  AND  USE  OF THE TITLE "LICENSED BEHAVIOR
ANALYST" OR "CERTIFIED BEHAVIOR  ANALYST  ASSISTANT".    ONLY  A  PERSON
LICENSED,  CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE APPLIED
BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS  ARTI-
CLE  SHALL  USE  THE  TITLES  "LICENSED  BEHAVIOR ANALYST" OR "CERTIFIED
BEHAVIOR ANALYST ASSISTANT" OR ANY OTHER DESIGNATION  TENDING  TO  IMPLY
THAT  THE  PERSON  IS LICENSED OR CERTIFIED TO PRACTICE APPLIED BEHAVIOR
ANALYSIS.
  S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.  1. TO
QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT,  AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;

A. 6963--A                          3

  (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
  (C)  EXPERIENCE:  HAVE  EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
  (D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD  AND  THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
  (G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
AND  A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
OD.
  2. TO QUALIFY FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST, AN  APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION:  HAVE  RECEIVED  AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
  (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE  OF  APPLIED  BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
  (D)  EXAMINATION:  PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
  (G) FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
FOR  A  LICENSE  OR  CERTIFICATION  AS  A LICENSED BEHAVIOR ANALYST OR A
CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
ING BODY HAVING CERTIFICATION OR REGISTRATION  STANDARDS  ACCEPTABLE  TO
THE  COMMISSIONER,  MAY  BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI-
TIONAL  REQUIREMENTS  AS  TO  EXAMINATION,  EXPERIENCE  AND   EDUCATION,
PROVIDED  THAT  SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
  S 8806. LIMITED PERMITS.   THE FOLLOWING REQUIREMENTS  FOR  A  LIMITED
PERMIT  SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
THIS ARTICLE:
  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR  EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2.  LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE
RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
SEVENTY DOLLARS.
  4.  A  LIMITED  PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  S 8807. EXEMPTIONS. 1. NOTHING CONTAINED  IN  THIS  ARTICLE  SHALL  BE
CONSTRUED  TO  LIMIT  THE  SCOPES  OF  PRACTICE  OF ANY OTHER PROFESSION
LICENSED UNDER THIS TITLE.

A. 6963--A                          4

  2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A  PERSON
FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED
BEHAVIOR  ANALYST  ASSISTANT,  IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH
PERSON IS EMPLOYED:
  A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
SUBDIVISION;
  B.  BY  A  CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
INSTITUTION;
  C. AS A CERTIFIED TEACHER OR TEACHING ASSISTANT, OTHER  THAN  A  PUPIL
PERSONNEL  SERVICES  PROFESSIONAL,  IN AN APPROVED PROGRAM AS DEFINED IN
PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER; OR
  D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION  IN  PARAGRAPH  D  OF
SUBDIVISION  SIX  OF  SECTION  FORTY-FOUR  HUNDRED  TEN  OF THIS CHAPTER
APPLIES.
  3. NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  AS  PROHIBITING  THE
ACTIVITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESIDENT IN AN
EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
SIONER'S REGULATIONS, PURSUING A COURSE OF STUDY LEADING TO A BACHELOR'S
OR  HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT
PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
THE DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE  A
PART  OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL PROGRAM
ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
SUCH PERSON SHALL BE DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS  OR
HER TRAINING STATUS.
  S  8808.  STATE  BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS
UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON  MATTERS
OF  LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-
FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRETARY  OF  THE  BOARD
SHALL  BE  APPOINTED  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
THE COMMISSIONER.
  2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
FOLLOWING:
  (A) THREE LICENSED BEHAVIOR ANALYSTS;
  (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
  (C) ONE LICENSED  PSYCHOLOGIST,  WHO  CURRENTLY  PRESCRIBES  TREATMENT
INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
AND
  (D)  TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
  S 2. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
6503-a  of  the  education  law,  as added by chapter 130 of the laws of
2010, is amended to read as follows:
  (i) services provided under article one hundred fifty-four  [or],  one
hundred  sixty-three  OR ONE HUNDRED SIXTY-SEVEN of this title for which
licensure would be required, or
  S 3. Subdivision 4 of section 7605 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
  4. The practice,  conduct,  activities,  or  services  by  any  person
licensed  or  otherwise  authorized  to practice nursing as a registered
professional nurse or nurse practitioner within the  state  pursuant  to
article  one hundred thirty-nine of this title or by any person licensed
or otherwise authorized to practice social work within the state  pursu-
ant  to  article  one hundred fifty-four of this title, or by any person

A. 6963--A                          5

licensed or otherwise authorized to practice mental  health  counseling,
marriage  and  family  therapy, creative arts therapy, or psychoanalysis
within the state pursuant to article one  hundred  sixty-three  of  this
title,  OR  ANY  PERSON  LICENSED  OR  OTHERWISE  AUTHORIZED TO PRACTICE
APPLIED BEHAVIOR ANALYSIS WITHIN  THE  STATE  PURSUANT  TO  ARTICLE  ONE
HUNDRED  SIXTY-SEVEN OF THIS TITLE or any individual who is credentialed
under any law, including attorneys, rape  crisis  counselors,  certified
alcoholism  counselors,  and  certified  substance abuse counselors from
providing mental health services  within  their  respective  established
authorities.
  S 4. Subdivision 1 of section 7706 of the education law, as amended by
chapter 230 of the laws of 2004, is amended to read as follows:
  1.  Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to  practice  medi-
cine within the state pursuant to article one hundred thirty-one of this
title  or  by  any  person registered to perform services as a physician
assistant within the state pursuant to article one hundred  thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice  psychology  within  this  state  pursuant  to  article one hundred
fifty-three of this title or by any person licensed or otherwise author-
ized to practice nursing as a registered  professional  nurse  or  nurse
practitioner  within  this state pursuant to article one hundred thirty-
nine of this title or by any person licensed or otherwise authorized  to
practice  occupational therapy within this state pursuant to article one
hundred fifty-six of this title or by any person licensed  or  otherwise
authorized  to  practice  mental  health counseling, marriage and family
therapy, creative arts  therapy,  or  psychoanalysis  within  the  state
pursuant  to  article  one  hundred  sixty-three of this title OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED  TO  PRACTICE  APPLIED  BEHAVIOR
ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF
THIS  TITLE;  provided, however, that no physician, physician assistant,
registered professional nurse, nurse practitioner, psychologist, occupa-
tional therapist, licensed mental health  counselor,  licensed  marriage
and  family  therapist,  licensed creative arts therapist, [or] licensed
psychoanalyst, LICENSED BEHAVIOR ANALYST OR CERTIFIED  BEHAVIOR  ANALYST
ASSISTANT  may  use  the  titles  "licensed  clinical  social worker" or
"licensed master social worker", unless licensed under this article.
  S 5. Subdivision 1 of section 8410 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
  1. Apply to the practice, conduct, activities, services or use of  any
title  by  any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform  services  as  a  physician
assistant  within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice psychology within  this  state  pursuant  to  article  one  hundred
fifty-three of this title or by any person licensed or otherwise author-
ized  to  practice social work within this state pursuant to article one
hundred fifty-four of this title, or by any person licensed or otherwise
authorized to practice nursing as a  registered  professional  nurse  or
nurse  practitioner  within  this  state pursuant to article one hundred
thirty-nine of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT  TO
ARTICLE  ONE  HUNDRED SIXTY-SEVEN OF THIS TITLE; provided, however, that
no physician,  physician's  assistant,  registered  professional  nurse,
nurse  practitioner,  psychologist,  licensed master social worker, [or]

A. 6963--A                          6

licensed clinical social worker, LICENSED BEHAVIOR ANALYST OR  CERTIFIED
BEHAVIOR  ANALYST  ASSISTANT  may use the titles "licensed mental health
counselor", "licensed marriage and family therapist", "licensed creative
arts therapist", or "licensed psychoanalyst", unless licensed under this
article.
  S  6. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  Notwithstanding  the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render  a
professional  service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional  service
within  the  state,  may  form,  or  cause  to be formed, a professional
service limited liability company for pecuniary profit under this  arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional  service  limited  liability  company  formed  to provide medical
services as such services are defined in article 131  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 131 of the education law  to  practice  medicine  in
this  state.  With  respect  to a professional service limited liability
company formed to provide dental services as such services  are  defined
in article 133 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a  professional
service  limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability  company
formed  to  provide  professional engineering, land surveying, architec-
tural and/or landscape  architectural  services  as  such  services  are
defined  in  article  145,  article 147 and article 148 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With
respect to a professional service limited liability  company  formed  to
provide  licensed  clinical  social  work  services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law  to practice licensed clinical social work in this state.
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional

A. 6963--A                          7

service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR  ANALYSIS  SERVICES  AS  SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE  167  OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
IN  THIS  STATE.  In  addition  to  engaging  in  such   profession   or
professions, a professional service limited liability company may engage
in  any  other  business  or  activities as to which a limited liability
company may be formed under section two hundred  one  of  this  chapter.
Notwithstanding  any  other  provision  of  this section, a professional
service limited liability company (i) authorized  to  practice  law  may
only  engage  in  another  profession  or business or activities or (ii)
which is engaged in a profession or other business or  activities  other
than  law  may  only  engage  in  the practice of law, to the extent not
prohibited by any other law of this state or any  rule  adopted  by  the
appropriate  appellate  division  of  the  supreme court or the court of
appeals.
  S 7. Subdivision (b) of section 1207 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (b) With respect to a professional service limited  liability  company
formed to provide medical services as such services are defined in arti-
cle  131  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional  service
limited  liability  company  formed  to  provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article  133
of  the  education law to practice dentistry in this state. With respect
to a professional service limited liability company  formed  to  provide
veterinary  services  as such services are defined in article 135 of the
education law, each member of such limited  liability  company  must  be
licensed pursuant to article 135 of the education law to practice veter-
inary  medicine  in  this  state. With respect to a professional service
limited liability company formed to  provide  professional  engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed  pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a professional service limited liability company  formed
to  provide  licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law  to practice licensed clinical social work in this state.
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in

A. 6963--A                          8

article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY  FORMED  TO  PROVIDE  APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED  BEHAVIOR  ANALYSIS
IN THIS STATE.
  S  8. Subdivision (a) of section 1301 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  "Foreign  professional service limited liability company" means a
professional service limited liability company, whether or  not  denomi-
nated  as  such,  organized  under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional  service  within  this
state  and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a  predecessor
entity, or will engage in the practice of such profession in the profes-
sional  service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and  manag-
ers,  if  any, is a professional at least one of such members is author-
ized by law to render a professional service within this state  and  who
is  or  has  been  engaged  in  the  practice of such profession in such
professional service limited liability company or a predecessor  entity,
or  will  engage  in the practice of such profession in the professional
service limited liability company within thirty days of  the  date  such
professional  becomes  a  member,  or  (ii)  authorized by, or holding a
license, certificate, registration or permit  issued  by  the  licensing
authority  pursuant  to,  the  education  law  to  render a professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides  health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such  foreign  professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited

A. 6963--A                          9

liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural services as such services  are  defined  in  article  145,
article  147  and  article 148 of the education law, each member of such
foreign professional service limited liability company must be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  licensed clinical social work services as such services
are defined in article 154 of the education law,  each  member  of  such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work  in  this  state.  With  respect  to a foreign professional service
limited liability company which provides creative arts therapy  services
as  such  services are defined in article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice creative arts therapy in this state.  With  respect  to  a  foreign
professional  service  limited liability company which provides marriage
and family therapy services as such services are defined in article  163
of  the  education law, each member of such foreign professional service
limited liability company must be licensed pursuant to  article  163  of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign  professional  service  limited
liability   company  which  provides  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  163  of  the  education law to practice
psychoanalysis in this state.  WITH RESPECT TO  A  FOREIGN  PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES APPLIED BEHAVIOR ANALY-
SIS  SERVICES  AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCA-
TION LAW, EACH MEMBER  OF  SUCH  FOREIGN  PROFESSIONAL  SERVICE  LIMITED
LIABILITY  COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167
OF THE EDUCATION LAW TO  PRACTICE  APPLIED  BEHAVIOR  ANALYSIS  IN  THIS
STATE.
  S  9.  Subdivision  (q) of section 121-1500 of the partnership law, as
separately amended by chapters 420 and 676  of  the  laws  of  2002,  is
amended to read as follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, land surveying,  architectural  and/or

A. 6963--A                         10

landscape architectural services in this state must be licensed pursuant
to  article  145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. Each partner  of
a  registered  limited  liability partnership formed to provide licensed
clinical social work services in this state must be licensed pursuant to
article 154 of the education law to practice  clinical  social  work  in
this  state.  Each partner of a registered limited liability partnership
formed to provide creative arts therapy services in this state  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. Each partner of  a  registered  limited
liability  partnership  formed  to  provide  marriage and family therapy
services in this state must be licensed pursuant to article 163  of  the
education  law  to  practice  marriage and family therapy in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide mental health counseling services in this state must be licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. Each partner of a registered limited liability
partnership formed to provide psychoanalysis services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
psychoanalysis  in  this  state.    EACH PARTNER OF A REGISTERED LIMITED
LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  APPLIED  BEHAVIOR  ANALYSIS
SERVICE  IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE
167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS  IN  THIS
STATE.
  S  10.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering,  land  surveying,  architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such  professions.  Each partner of a foreign limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law  to  prac-
tice  licensed  clinical  social  work  in this state. Each partner of a
foreign limited liability partnership which provides creative arts ther-
apy services in this state must be licensed pursuant to article  163  of
the  education law to practice creative arts therapy in this state. Each
partner of  a  foreign  limited  liability  partnership  which  provides
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the

A. 6963--A                         11

education law to practice psychoanalysis in this state.  EACH PARTNER OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES APPLIED  BEHAVIOR
ANALYSIS  SERVICES  IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT
TO  ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALY-
SIS IN THIS STATE.
  S 11. Paragraph a of subdivision 3 of section 6507  of  the  education
law,  as  amended by chapter 356 of the laws of 2006, is amended to read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one,  initially,
or for the renewal of, a license, registration or limited permit to be a
physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,  licensed  psychoanalyst,  [or] dental hygienist, LICENSED BEHAVIOR
ANALYST, OR CERTIFIED BEHAVIOR ANALYST ASSISTANT shall, in  addition  to
all  the  other  licensure,  certification  or permit requirements, have
completed two hours of coursework or training regarding the  identifica-
tion  and  reporting  of child abuse and maltreatment. The coursework or
training shall be obtained from an institution  or  provider  which  has
been  approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment  and  the
statutory  reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services  law,  including
but  not  limited  to,  when  and  how a report must be made, what other
actions the reporter is  mandated  or  authorized  to  take,  the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
services  law,  as  amended by section 3 of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused  or
maltreated  child  where the parent, guardian, custodian or other person
legally responsible for such child comes before them  in  their  profes-
sional  or  official  capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an

A. 6963--A                         12

abused or maltreated child: any physician; registered physician  assist-
ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian;  licensed  creative  arts  therapist; licensed marriage and family
therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
LICENSED  BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT; hospi-
tal personnel engaged in the admission, examination, care  or  treatment
of  persons;  a  Christian  Science practitioner; school official, which
includes but is not limited to school teacher, school  guidance  counse-
lor,  school  psychologist,  school  social worker, school nurse, school
administrator or other school personnel required to hold a  teaching  or
administrative  license or certificate; social services worker; director
of a children's overnight camp, summer day camp or traveling summer  day
camp,  as  such camps are defined in section thirteen hundred ninety-two
of the public health law; day care center worker; school-age child  care
worker;  provider of family or group family day care; or any other child
care or foster care worker; mental health professional; substance  abuse
counselor;  alcoholism counselor; all persons credentialed by the office
of alcoholism and substance abuse services; peace officer; police  offi-
cer;  district  attorney  or  assistant  district attorney; investigator
employed in the office of a district attorney; or other law  enforcement
official.
  S  13. If any section of article 167 of the education law, as added by
section one of this act, or part thereof, shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of any other section or part thereof.
  S 14. The provisions of sections eleven and twelve of this  act  shall
not  apply  to  persons  applying  for  licensure or certification or to
persons licensed or certified pursuant to section 8805 of the  education
law  until  such licensed or certified person re-registers their license
or certification in accordance with the provisions  of  paragraph  g  of
subdivisions  1  and  2 of section 8804 of the education law as added by
section one of this act.
  S 15. This act shall take effect July 1,  2014:    provided,  however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such date, then the amendments to paragraph (a) of subdivision
1  of  section  413 of the social services law made by section twelve of
this act shall take effect on the same date and in the  same  manner  as
such  chapter  of  the laws of 2012, takes effect; provided further that
sections six, seven, eight, nine and ten of this act and section 8805 of
the education law as added by section one of this act shall take  effect
immediately;  and provided further that effective immediately, the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.