Senate Bill S3676

                                 BILL NUMBER:  S3676

 TITLE OF BILL :

An act to amend the education law, in relation to an exemption for
behavior analysis

 SUMMARY OF SPECIFIC PROVISIONS :

Section one would add a new Section 7601-b to the education law to
define behavior analysis. Section two would add a new subdivision nine
to the Section 7605 of such law to exempt an individual who is a BCBA@
and solely conducting behavior analysis from licensure as a
psychologist, provided such person does not hold him or herself out as
a licensed professional and does not use such professional title.

 JUSTIFICATION :

The field of Behavior Analysis grew out of the scientific study of
principles of learning. It has two main branches, experimental (EAB")
and applied behavior analysis ("ABA"). EAB is the basic science of
this field and has, over many decades, accumulated a substantial and
well respected research literature. The literature provides the
scientific foundation for ABA, which is both an applied science that
develops methods for changing behavior and a distinct area that
provides services to meet diverse behavioral needs. These individuals
              

engage in the specific and comprehensive use of principles of
learning, including operant and respondent learning, in order to
address behavior needs of varying individuals in diverse settings.
Such examples include: building the skills and achievement of children
in school settings, including the creation of behavior intervention
plans for committees on special education; enhancing the development,
abilities and choice of children and adults with different kinds of
disabilities, and augmenting the performance and satisfaction of
employees in organizations and businesses.

The practice of behavior analysis is well developed and recognized
both nationally and internationally. There is a well developed and
well identified Behavior Analyst Certification Board @("Board).
Established in May, 1998, the Board is a non-profit organization and
was the result of the professional credentialing needs identified by
behavior analysts in state governments as well as consumers.
Information on the Board may be obtained at http://www.bacb.com.

While New York law already recognizes some exemptions for individuals
who are in the employ of a federal, state, county or municipal agency,
or other political subdivision, or a chartered elementary or secondary
school or degree-granting educational institution insofar as such
activities and services are a part of the duties of his salaried
position, there is no assurance that these individuals are properly
trained nor is this existing sitebased exemption strong enough to
reach the proper individuals in this growing and needed area of
behavior analysis. Effective treatment of autism spectrum disorders,
in particular, requires specific training and experience in the
application of behavior analysis. As of December 1,2006, according to
the New York State Education Department ("Department"), there were
15,459 children between the ages of four and 21 that were identified
with autism in New York, 11,569 (or over 70%) were between the ages of
four and 13. These numbers according to the Department, have been
increasing significantly since 2001 where only 7,918 children were so
identified. (Education programs and services for students with autism,
including Asperger's Syndrome, EMSC-VESID Committee Report, October
10, 2007, p. 3). The New York State Department of Health has
specifically recognized behavior analysis as "an important element...J
in the intervention program for young children with autism." (New York
State Department of Health, Division of Family Health, Bureau of Early
Intervention, Clinical Practice Guideline, Quick Ref. Guide, p. 33).
Yet there is no recognition of the field of behavior analysis or
regulation of the application of behavior analysis that would protect
potential consumers of the empirically supported therapeutic approach.

College programs designed to provide the academic training in behavior
analysis are already in place and supported in 10 New York colleges
and universities with two additional programs in the process of being
developed. These programs are geographically dispersed throughout New
York and are located at both public and Private universities. SUNY
Stony Brook and Binghamton, for instance, as well as Columbia. The
Sage Colleges and the University of Rochester each have programs in
the field of behavior analysis. These programs are not unique to New
York, but are located at 135 colleges and universities throughout the
world.

Other states, including California and Florida, have already
recognized this trend and enacted similar legislation to fulfill this
important state need. In situations where there was a need for
separation in the professions, especially in the area of special
disabilities, the New York Legislature has not hesitated to act
either. For instance, in the area of Occupational Therapy (Article
156) Speech Therapy (Article 159), and physical therapy (Article 136),
the education law has been amended to separate and provide for the
expansion and growth of these important professions.

 PRIOR LEGISLATIVE HISTORY :

2008: S.8012 Higher Education Cmte.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect January 1, 2010, but the State Education
Department would be authorized to promulgate any necessary regulations
prior to that date.