senate Bill S4862

Amended

Provides for the regulation of the profession and practice of applied behavior analysis

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Apr / 2013
    • REFERRED TO HIGHER EDUCATION
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 20 / May / 2013
    • PRINT NUMBER 4862A
  • 29 / May / 2013
    • 1ST REPORT CAL.799
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • AMENDED ON THIRD READING 4862B
  • 17 / Jun / 2013
    • SUBSTITUTED BY A6963B

Summary

Provides for the regulation of the profession and practice of applied behavior analysis.

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Bill Details

Versions:
S4862
S4862A
S4862B
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add Art 167 §§8800 - 8808, amd §§6503-a, 7605, 7706, 8410 & 6507, Ed L; amd §§1203, 1207 & 1301, Lim Lil L; amd §§121-1500 & 121-1502, Partn L; amd §413, Soc Serv L

Sponsor Memo

BILL NUMBER:S4862

TITLE OF BILL: An act to amend the education law, in relation to
applied behavior analysis

PURPOSE: This bill would provide for the licensure of applied behavior
analysts and the certification of applied behavior analysis
assistants.

SUMMARY OF PROVISIONS:

Section 1 of this bill:

* Defines applied behavior analysis, the practice of applied behavior
analysts and the practice of certified applied behavior analysis
assistants;

* Limits the practice of applied behavior analysis to licensed applied
behavior analysts, certified applied behavior analysis assistants and
exempt persons and limits the use of the title of "licensed applied
behavior analyst" and "certified applied behavior analysis assistant"
to individuals who are licensed or certified under article 167;

* Sets forth the education, experience, examination, age and moral
character and fee requirements for an applicant to apply to the State
Education Department (SED) for licensure as an applied behavior
analyst or certification as an applied behavior analysis assistant;

* Provides a pathway for individuals who are certified or registered
by a national certifying body and attest to moral character to be
licensed as an applied behavior analyst or certified as an applied
behavior analysis assistant provide that the individual submits an
application to the department within two years of the effective date;

* Establishes limited permits for applicants who meet all
qualifications for licensure, except the examination and/or experience
requirements;

* Sets forth exemptions from licensure and certification for certain
individuals; and

* Creates the state committee for applied behavior analysis.

Section 2 adds licensed applied behavior analysts and certified
applied behavior analysis assistants to the list of service providers
captured under the social work/mental health practitioner corporate
practice waiver.

Section 3 adds licensed applied behavior analysts and certified
applied behavior analysis assistants under psychology's exempt
persons.

Section 4 adds licensed applied behavior analysts and certified
applied behavior analysis assistants under social work's exempt
persons.


Section 5 adds licensed applied behavior analysts and certified
applied behavior analysis assistants under mental health
practitioners' exempt persons.

Section 6 sets forth a severability clause.

Section 7 is the effective date.

JUSTIFICATION: Chapter 596 of 2011 required health insurance policies
to provide coverage for the screening, diagnosis and treatment of
autism spectrum disorder. The licensure of applied behavioral analysts
and certification of applied behavioral analysis assistants is
necessary in order to fulfill the commitments made in 2011.

The field of behavior analysis grew out of the scientific study of
learning and behavior. It is a separate and distinct scientific
discipline and professional practice. Behavior analysis has three main
branches: conceptual or theoretical, experimental ("EAR"), and applied
behavior analysis ("ABA"). EAB is the basic science of this field and
has, over many decades, produced a substantial and well-respected
research literature, That literature provides the scientific
foundation for ABA, which is both an applied science with its own
research literature on methods for understanding and changing
behavior, and application of behavior analytic principles and methods
in the provision of services to meet the needs of diverse populations
in a wide range of settings.

Examples include: building the skills of children and youths in school
settings; conducting functional behavioral assessments and analyses
that guide the creation of behavior intervention programs as part of
Individual Educational Plans and Individual Family Support Plans;
enhancing the functioning of children and adults with various
diagnoses; and augmenting the performance and satisfaction of
employees in organizations and businesses.

There are hundreds of published studies documenting the effectiveness
of many specific, focused ABA techniques for building a wide range of
important skills and reducing problem behaviors in people with autism
spectrum disorder (ASD) of all ages, in a variety of settings. At
least 11 controlled between-groups studies show that multiple ABA
techniques combined into early, comprehensive, intensive treatment
programs can produce large improvements in symptoms and skill deficits
in many young children with ASD when treatment is directed by
qualified professional behavior analysts. Careful meta-analyses showed
that early intensive ABA produced larger, more reliable improvements
than "eclectic" (mixed-method) treatment or standard services.

Research has shown that without effective treatment, each person with
autism will incur lifetime costs of specialized services and care of
at least $3.2 million (Ganz, 2006). Several studies have shown that
with early, comprehensive, intensive ABA treatment, a large number of
children with autism need few or no specialized, intensive services
from early elementary school age onward, reducing those costs by at
least 81 million per person, on - average (e,g., Jacobson, Mulick,
Green, 1998; Motiwala et al., 2006). Focused ABA interventions can
also reduce healthcare utilization and costs for people with autism by
increasing personal safety and self-help skills, increasing


cooperation with medical and dental care routines, and decreasing
behaviors that often result in costly (and largely ineffective)
medication and hospitalizations (e.g., eating problems, sleeping
problems, self-injury, elopement, aggression, and pica).

Today, there are over 10,000 Board Certified Behavior Analysts (BACB)
around the world, but only 600 in New York. Licensure will clearly
change that dynamic and keep qualified professionals in New York to
meet the need for ABA services. Programs to train ABA practitioners
are already in place in 12 colleges and universities here in New York.
These programs are geographically dispersed throughout the state and
are located at both public and private universities. For instance,
SUN. Y Stony Brook and Binghamton as well as Columbia, Russell Sage,
University of Rochester, and Queens College of the City University of
New York each have programs with BACB approved course sequences. Other
such programs are located at hundreds of colleges and universities
around the world.

Eight other states have enacted legislation to license behavior
analysts. Many other states recognize the BACB credentials in other
types of laws and regulations that permit holders of those credentials
to practice and to be reimbursed for their services. In situations
where there has been a need for separation in the professions,
especially those who serve people with disabilities, the New York
Legislature has not hesitated to act. For instance, in the areas of
Occupational Therapy (Article 156), Speech Therapy (Article 159), and
physical Therapy (Article 156), the education law has been amended to
separate those professions from others and provide for their expansion
and growth. The proposed bill would do the same for behavior analysis.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined

EFFECTIVE DATE: The act shall take effect July 1, 2014, provided that
section 8805 of the education law as added by section one of this act
shall take effect immediately.

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

                                  4862

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  LAVALLE,  FLANAGAN  -- read twice and
  ordered printed, and when printed to be committed to the Committee  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

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

S. 4862                             2

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  "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.

S. 4862                             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

S. 4862                             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

S. 4862                             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

S. 4862                             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.

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