Assembly Bill A10064

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

                                  10064

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

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  providing  for  the
  licensure of behavior analysts

  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 section 8405-a
to read as follows:
  S 8405-A. BEHAVIOR ANALYST. 1. DEFINITION OF THE PRACTICE OF  BEHAVIOR
ANALYSIS. THE PRACTICE OF THE PROFESSION OF BEHAVIOR ANALYSIS IS DEFINED
AS THE DESIGN, IMPLEMENTATION, AND EVALUATION OF INSTRUCTIONAL AND ENVI-
RONMENTAL  MODIFICATIONS TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENTS IN
HUMAN BEHAVIOR. IT INCLUDES THE EMPIRICAL IDENTIFICATION  OF  FUNCTIONAL
RELATIONS  BETWEEN  BEHAVIOR  AND  ENVIRONMENTAL FACTORS, KNOWN AS FUNC-
TIONAL ASSESSMENT AND ANALYSIS.  APPLIED BEHAVIOR ANALYSIS INTERVENTIONS
ARE BASED ON SCIENTIFIC RESEARCH AND THE DIRECT OBSERVATION AND MEASURE-
MENT OF BEHAVIOR AND ENVIRONMENT.    THEY  UTILIZE  CONTEXTUAL  FACTORS,
ESTABLISHING  OPERATIONS,  ANTECEDENT  STIMULI, POSITIVE REINFORCEMENTS,
AND OTHER CONSEQUENCES TO HELP PEOPLE DEVELOP NEW BEHAVIORS, INCREASE OR
DECREASE EXISTING BEHAVIORS, AND EMIT BEHAVIORS UNDER SPECIFIC  ENVIRON-
MENTAL  CONDITIONS.  THE  PRACTICE OF BEHAVIOR ANALYSIS DOES NOT INCLUDE
PSYCHOLOGICAL TESTING, NEUROPSYCHOLOGY, PSYCHOTHERAPY, COGNITIVE  THERA-
PY,  SEX THERAPY, MARRIAGE COUNSELING, PSYCHOANALYSIS, HYPNOTHERAPY, AND
LONG-TERM COUNSELING AS TREATMENT MODALITIES.
  2. PRACTICE OF BEHAVIOR ANALYSIS AND USE OF THE TITLE "LICENSED BEHAV-
IOR ANALYST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE  SHALL
PRACTICE  BEHAVIOR  ANALYSIS.  ONLY A PERSON LICENSED UNDER THIS ARTICLE
SHALL USE THE TITLE "LICENSED BEHAVIOR ANALYST" OR ANY OTHER DESIGNATION
TENDING TO IMPLY THAT THE PERSON IS LICENSED TO PRACTICE BEHAVIOR ANALY-
SIS.
  3.  REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A  LICENSE
AS A "LICENSED BEHAVIOR ANALYST", AN APPLICANT SHALL FULFILL THE FOLLOW-
ING REQUIREMENTS:
  (A) APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT.
  (B)  EXAMINATION.  PASS THE BEHAVIOR ANALYST CERTIFICATION EXAMINATION
ADMINISTERED BY THE BEHAVIOR ANALYST CERTIFICATION BOARD AND  BE  CERTI-

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15379-01-2

A. 10064                            2

FIED  AS  A  BOARD  CERTIFIED  BEHAVIOR  ANALYST  (BCBA) BY THE BEHAVIOR
ANALYST CERTIFICATION BOARD.
  (C)  STATUS.  MAINTAIN  ACTIVE STATUS AND FULFILL ALL REQUIREMENTS FOR
RENEWAL AND RECERTIFICATION  WITH  THE  BEHAVIOR  ANALYST  CERTIFICATION
BOARD AS A BOARD CERTIFIED BEHAVIOR ANALYST.
  (D)  ETHICS.  CONDUCT HIS OR HER PROFESSIONAL ACTIVITIES IN ACCORDANCE
WITH  ACCEPTED  STANDARDS,  INCLUDING  THE  GUIDELINES  FOR  RESPONSIBLE
CONDUCT  FOR BEHAVIOR ANALYSTS AND PROFESSIONAL DISCIPLINARY AND ETHICAL
STANDARDS OF THE BEHAVIOR ANALYST CERTIFICATION BOARD.
  (E) DISCIPLINE. NOT BEEN SUBJECT TO DISCIPLINARY SUSPENSION OR REVOCA-
TION BY THE BEHAVIOR ANALYST CERTIFICATION BOARD.
  (F) AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE.
  (G) CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT.
  (H) FEES. PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
MENT FOR AN INITIAL LICENSE; AND A FEE OF ONE  HUNDRED  SEVENTY  DOLLARS
FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S 2. Subdivisions 1 and 7 of section 8410 of the education law, subdi-
vision 1 as amended by chapter 210 of the laws of 2004 and subdivision 7
as  added  by  chapter  130  of the laws of 2010, are 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; provided, however, that no physician,  physi-
cian's  assistant,  registered  professional  nurse, nurse practitioner,
psychologist, licensed master social worker, or licensed clinical social
worker may use the titles "licensed mental health counselor",  "licensed
marriage and family therapist", "licensed creative arts therapist", [or]
"licensed psychoanalyst", OR "LICENSED BEHAVIOR ANALYST" unless licensed
under this article.
  7.  Prohibit  the  practice  of mental health counseling, marriage and
family therapy, creative arts therapy [or], psychoanalysis, OR  BEHAVIOR
ANALYSIS  to the extent permissible within the scope of practice of such
professions, by any not-for-profit corporation or education  corporation
providing  services  within  the state of New York and operating under a
waiver pursuant to section sixty-five hundred  three-a  of  this  title,
provided  that such entities offering mental health counseling, marriage
and family therapy, creative arts  therapy  or  psychoanalysis  services
shall  only  provide  such  services through an individual appropriately
licensed or otherwise authorized to provide such services or  a  profes-
sional entity authorized by law to provide such services.
  S  3. This act shall take effect six months after it shall have become
a law. Effective immediately, the addition, amendment and/or  repeal  of
any rules or regulations necessary for the implementation of this act on
its effective date are authorized to be made on or before such date.