senate Bill S6395

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

  • 21 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 04 / Feb / 2014
    • 1ST REPORT CAL.146
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2014
    • SUBSTITUTED BY A8518

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8518
Versions:
S6395
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd §488, Soc Serv L; amd §8807, Ed L; amd §13, Chap 554 of 2013
Versions Introduced in Previous Legislative Cycles:
2013-2014: S743
2011-2012: S525A
2009-2010: S39

Votes

Sponsor Memo

BILL NUMBER:S6395

TITLE OF BILL: An act to amend the social services law, in relation
to the definition of human services professional; to amend the
education law, in relation to reporting on the number of individuals
engaged in the practice of applied behavior analysis; and to amend
chapter 554 of the laws of 2013 amending the education law and other
laws relating to applied behavior analysis, in relation to performing
the duties of a licensed behavior analyst

PURPOSE:

This bill would amend Chapter 554 of the Laws of 2013 relating to the
licensure of behavior analysts and the certification of behavior
analyst assistants.

SUMMARY OF PROVISIONS:

Section 1 adds licensed behavior analysts and certified behavior
analyst assistants to the list of mandated reporters in Social
Services Law.

Section 2 clarifies that certain services can be provided without a
license or certification if they are unrelated to an ABA plan. This
section clarifies the duties of an early intervention ABA aid acting
under the supervision and direction of qualified supervisor who is
licensed or otherwise authorized pursuant to Title 8 of the Education
Law. This section prohibits the delegation of restricted activities to
an individual who is not appropriately licensed or otherwise
authorized and would specify that early intervention ABA aides under
the supervision and direction of a qualified supervisor may complete
activities necessary to assist in the implementation of an individual
ABA plan, provided that such activities do not require professional
skill or judgment. This section clarifies that programs certified by
the Office of Alcoholism and Substance Abuse Services can provide
substance abuse disorder services for persons with autism, autism
spectrum disorders and related disorders.

Section 3 adds the Office of Children and Family Services to the list
of agencies that have a time limited exemption from this licensure
requirement and increases the time limit for the exemption from July,
1, 2018 to July 1, 2020. This section requires such exempt agencies to
jointly submit an additional interim report on or before September 1,
2016 to the Governor, the Legislature, and the State Education
Department and changes the due date for the second interim report to
on or before September 1, 2018. This section changes the due date for
the State Education Department's final report from January 1, 2017 to
January 1, 2019.

Section 4 is the effective date.

JUSTIFICATION:

This bill provides changes in order to implement Chapter 554 of 2013.
This Chapter amendment was negotiated between both houses and the
executive under the direction of the original sponsors of Chapter 554
of 2013.


LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the same date and in the same manner as
chapter 554 of the laws of 2013, takes effect.

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

                                  6395

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the social services law, in relation to  the  definition
  of  human  services  professional;  to  amend  the  education  law, in
  relation to reporting on the number  of  individuals  engaged  in  the
  practice of applied behavior analysis; and to amend chapter 554 of the
  laws  of  2013  amending  the education law and other laws relating to
  applied behavior analysis, in relation to performing the duties  of  a
  licensed behavior analyst

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

  Section 1. Subdivision 5-a of section 488 of the social services  law,
as  added  by section 1 of part B of chapter 501 of the laws of 2012, is
amended to read as follows:
  5-a. "Human services professional" shall mean any:  physician;  regis-
tered  physician assistant; surgeon; medical examiner; coroner; dentist;
dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
resident;  intern;  psychologist;  registered  nurse; licensed practical
nurse; nurse practitioner; social worker; emergency medical  technician;
licensed  creative  arts  therapist; licensed marriage and family thera-
pist; licensed mental health counselor; licensed psychoanalyst; LICENSED
BEHAVIOR  ANALYST;  CERTIFIED  BEHAVIOR  ANALYST   ASSISTANT;   licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed  occupational  therapist;  hospital  personnel  engaged  in the
admission, examination, care or treatment of persons; Christian  Science
practitioner;  school  official,  which  includes  but is not limited to
school teacher, school guidance counselor, 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; any other child care or foster care
worker; mental health professional; person credentialed by the office of
alcoholism  and substance abuse services; peace officer; police officer;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08806-26-4

S. 6395                             2

district attorney or assistant district attorney; investigator  employed
in the office of a district attorney; or other law enforcement official.
  S  2.  Section 8807 of the education law is amended by adding four new
subdivisions 5, 6, 7 and 8 to read as follows:
  5. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR  PREVENT  A
PERSON  WITHOUT  A LICENSE OR OTHER AUTHORIZATION PURSUANT TO THIS TITLE
FROM PERFORMING ASSESSMENTS,  INCLUDING  COLLECTING  BASIC  INFORMATION,
GATHERING  DEMOGRAPHIC  DATA,  AND MAKING INFORMAL OBSERVATIONS, FOR THE
PURPOSE OF DETERMINING NEED FOR  SERVICES  UNRELATED  TO  AN  ABA  PLAN.
FURTHER,  LICENSURE  OR AUTHORIZATION PURSUANT TO THIS ARTICLE SHALL NOT
BE REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED  TO
AN  ABA  PLAN.  THIS ARTICLE SHALL NOT APPLY TO BEHAVIORAL HEALTH TREAT-
MENTS OTHER THAN ABA THAT MAY BE PROVIDED TO PERSONS WITH  AUTISM  SPEC-
TRUM  DISORDER.  A  LICENSE UNDER THIS ARTICLE SHALL NOT BE REQUIRED FOR
PERSONS TO PARTICIPATE AS A  MEMBER  OF  A  MULTI-DISCIPLINARY  TEAM  TO
IMPLEMENT  AN  ABA PLAN; PROVIDED, HOWEVER, THAT SUCH TEAM SHALL INCLUDE
ONE OR MORE PROFESSIONALS LICENSED UNDER THIS ARTICLE  OR  ARTICLES  ONE
HUNDRED  THIRTY-ONE,  ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR
ONE HUNDRED SIXTY-THREE OF THIS CHAPTER; AND PROVIDED FURTHER  THAT  THE
ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
SCOPE  OF  PRACTICE  FOR EACH TEAM   MEMBER LICENSED OR AUTHORIZED UNDER
THIS TITLE, AND THOSE WHO ARE NOT SO AUTHORIZED MAY NOT  ENGAGE  IN  THE
FOLLOWING RESTRICTED PRACTICES: CREATION, MODIFICATION OR TERMINATION OF
AN  ABA  PLAN; DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND
DEVELOPMENTAL DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND  EVALU-
ATING;  PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; PROVISION OF TREATMENT
OTHER THAN PSYCHOTHERAPEUTIC TREATMENT; AND DEVELOPMENT AND  IMPLEMENTA-
TION  OF  ASSESSMENT-BASED TREATMENT PLANS, AS DEFINED IN SECTION SEVEN-
TY-SEVEN HUNDRED ONE OF THIS  TITLE.  PROVIDED  FURTHER,  HOWEVER,  THAT
NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE OR
AUTHORIZATION  FOR  ANY  PARTICULAR ACTIVITY OR FUNCTION BASED SOLELY ON
THE FACT THAT THE ACTIVITY OR FUNCTION IS NOT LISTED  IN  THIS  SUBDIVI-
SION.  PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL
AUTHORIZE THE DELEGATION OF RESTRICTED ACTIVITIES TO AN  INDIVIDUAL  WHO
IS NOT APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE.
  6.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING AN EARLY
INTERVENTION ABA  AIDE,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY  THE
COMMISSIONER  OF  HEALTH, AND ACTING UNDER THE SUPERVISION AND DIRECTION
OF A QUALIFIED SUPERVISOR WHO IS LICENSED OR OTHERWISE AUTHORIZED PURSU-
ANT TO TITLE EIGHT OF THIS CHAPTER FROM:
  (A) ASSISTING THE SUPERVISOR AND QUALIFIED PERSONNEL WITH  THE  IMPLE-
MENTATION OF INDIVIDUAL ABA PLANS;
  (B)  ASSISTING IN THE RECORDING AND COLLECTION OF DATA NEEDED TO MONI-
TOR PROGRESS;
  (C) PARTICIPATING IN REQUIRED TEAM MEETINGS; AND
  (D) COMPLETING ANY OTHER ACTIVITIES AS DIRECTED BY HIS OR HER SUPERVI-
SOR AND AS NECESSARY TO ASSIST IN THE IMPLEMENTATION OF  INDIVIDUAL  ABA
PLANS.
  PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE THE
DELEGATION  OF  RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO IS NOT APPRO-
PRIATELY LICENSED OR OTHERWISE AUTHORIZED  UNDER  THIS  TITLE;  PROVIDED
FURTHER HOWEVER, THAT IN REGARD TO THE EARLY INTERVENTION PROGRAM ESTAB-
LISHED  PURSUANT  TO  TITLE  TWO-A  OF ARTICLE TWENTY-FIVE OF THE PUBLIC
HEALTH LAW, AN EARLY INTERVENTION ABA AIDE  UNDER  THE  SUPERVISION  AND
DIRECTION OF A QUALIFIED SUPERVISOR MAY COMPLETE ACTIVITIES NECESSARY TO

S. 6395                             3

ASSIST  IN  THE  IMPLEMENTATION OF AN INDIVIDUAL ABA PLAN, PROVIDED THAT
SUCH ACTIVITIES DO NOT REQUIRE PROFESSIONAL SKILL OR JUDGMENT.
  7.  THIS  ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED BY
ANY FAMILY MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMA-
RILY IN A DOMESTIC CAPACITY WHO DOES NOT HOLD HIMSELF OR HERSELF OUT, OR
ACCEPT EMPLOYMENT, AS A PERSON LICENSED  TO  PRACTICE  APPLIED  BEHAVIOR
ANALYSIS  UNDER  THE  PROVISIONS OF THIS ARTICLE; PROVIDED THAT, IF SUCH
PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR  HERSELF  OUT
AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
  8.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING PROGRAMS
CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  FROM
PROVIDING  SUBSTANCE  USE  DISORDER SERVICES FOR PERSONS WITH AUTISM AND
AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
  S 3. Section 13 of chapter 554 of  the  laws  of  2013,  amending  the
education  law  and other laws relating to applied behavior analysis, is
amended to read as follows:
  S 13. a. Nothing in this act  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 OR RETAINED by programs licensed, certified,
operated, APPROVED, REGISTERED or funded and regulated by the office for
people with developmental disabilities, THE OFFICE OF CHILDREN AND FAMI-
LY  SERVICES,  or the office of mental health FROM PERFORMING THE DUTIES
OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED BEHAVIOR ANALYST ASSISTANT
IN THE COURSE OF SUCH EMPLOYMENT OR RETENTION; provided,  however,  that
this  section shall not authorize the use of any title authorized pursu-
ant to article 167 of the education law; and provided further,  however,
that this section shall be deemed repealed on July 1, [2018] 2020.
  b. ON OR BEFORE SEPTEMBER 1, 2016, THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES, THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE
OFFICE  OF  MENTAL  HEALTH  SHALL  JOINTLY  SUBMIT  TO THE GOVERNOR, THE
COMMISSIONER OF EDUCATION, THE SPEAKER OF THE  ASSEMBLY,  THE  TEMPORARY
PRESIDENT OF THE SENATE, AND THE CHAIRS OF THE SENATE AND ASSEMBLY HIGH-
ER  EDUCATION  COMMITTEES A REPORT ON THE NUMBER OF INDIVIDUALS EMPLOYED
OR RETAINED IN EXEMPT PROGRAMS LICENSED, CERTIFIED, OPERATED,  APPROVED,
REGISTERED, OR FUNDED AND REGULATED BY SUCH AGENCIES ON JULY 1, 2016 WHO
ARE  PROVIDING  SERVICES  THAT  WOULD  OTHERWISE  BE RESTRICTED TO THOSE
LICENSED OR AUTHORIZED UNDER ARTICLE 167 OF THE EDUCATION LAW;  AND  THE
OCCUPATIONAL  TITLE  OF INDIVIDUALS WHO ON JULY 1, 2016 ARE NOT LICENSED
OR OTHERWISE AUTHORIZED UNDER TITLE 8 OF THE EDUCATION LAW, AND WHO  ARE
ENGAGED  IN THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS FOR THE PURPOSE OF
PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH  AUTISM  SPECTRUM
DISORDERS AND RELATED DISORDERS.
  C.  On  or before September 1, [2016] 2018, the office for people with
developmental disabilities, THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
and  the office of mental health [as identified in subdivision a of this
section that  licenses,  certifies,  operates  or  funds  and  regulates
programs  that  employ individuals to provide services that would other-
wise be restricted to individuals licensed or authorized  under  article
167  of  the  education law,] shall submit to the commissioner of educa-
tion, in such form and detail as requested by such commissioner, data in
relation to: the number of individuals employed OR  RETAINED  in  exempt
programs  licensed,  certified, operated, APPROVED, REGISTERED or funded
and regulated by [the office for people with developmental disabilities]
SUCH AGENCIES on July 1, [2016] 2018 who  are  providing  services  that
would  otherwise  be  restricted  to  those licensed or authorized under

S. 6395                             4

article 167 of the education law; and the occupational title of individ-
uals who on July 1, [2016] 2018 are not licensed or otherwise authorized
under title 8 of the education law, and who are engaged in the  practice
of  applied  behavior  analysis  for the purpose of providing behavioral
health treatment for persons with autism and autism  spectrum  disorders
and related disorders.
  [c.]  D. The commissioner of education, after receipt of this data and
in consultation with the office for people with developmental  disabili-
ties,  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, and the office of
mental  health,  not-for-profit  providers,  professional  associations,
consumers and other key stakeholders, shall prepare a report that recom-
mends  changes  in  any  laws,  rules or regulations necessary to ensure
appropriate licensure or other authorization  of  individuals  providing
services that are within the restricted practice of professions licensed
or  otherwise  authorized  under  article  167 of the education law. The
report shall include an estimate of the fiscal impact of any such recom-
mended changes and, to the extent practicable, how such  recommendations
will  result  in improved outcomes.  The commissioner of education shall
submit the report to the governor, the  speaker  of  the  assembly,  the
temporary  president  of  the  senate,  and the chairs of the senate and
assembly higher education committees by  January  1,  [2017]  2019.  The
commissioners  of  the  agencies  identified  in  subdivision  a of this
section shall be provided an opportunity to include statements or alter-
native recommendations in such report.
  S 4. This act shall take effect on the  same  date  and  in  the  same
manner as chapter 554 of the laws of 2013, takes effect.

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