S T A T E O F N E W Y O R K
________________________________________________________________________
3447
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
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Introduced by M. of A. MORELLE, WEISENBERG -- Multi-Sponsored by -- M.
of A. BRENNAN, HEVESI -- read once and referred to the Committee 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06649-01-3
A. 3447 2
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-
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
A. 3447 3
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 on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.