senate Bill S4862A

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status Via A6963 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2014 approval memo.17
signed chap.554
Dec 30, 2013 delivered to governor
Jun 17, 2013 returned to assembly
passed senate
3rd reading cal.799
substituted for s4862b
Jun 17, 2013 substituted by a6963b
Jun 13, 2013 amended on third reading 4862b
May 20, 2013 amend and recommit to finance
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.799
May 20, 2013 print number 4862a
May 07, 2013 reported and committed to finance
Apr 26, 2013 referred to higher education

Votes

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May 29, 2013 - Finance committee Vote

S4862A
32
0
committee
32
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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May 7, 2013 - Higher Education committee Vote

S4862
15
0
committee
15
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S4862 - Bill Details

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 L L; amd §§121-1500 & 121-1502, Partn L; amd §413, Soc Serv L

S4862 - Bill Texts

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

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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.

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                    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.

Co-Sponsors

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S4862A - Bill Details

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 L L; amd §§121-1500 & 121-1502, Partn L; amd §413, Soc Serv L

S4862A - Bill Texts

view summary

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

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BILL NUMBER:S4862A

TITLE OF BILL: An act to amend the education law, the limited
liability company law, the partnership law and the social services
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 licensed behavior
analysts and the practice of certified behavior analyst assistants;

* Limits the practice of applied behavior analysis to licensed
behavior analysts, certified analyst assistants and exempt persons and
limits the use of the title of "licensed behavior analyst" and
"certified behavior analyst 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 a behavior analyst or
certification as a behavior analyst 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 a behavior analyst or certified as a behavior analyst
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 board for applied behavior analysis.

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

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

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

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

Section 6-10 requires partnerships and corporations formed to practice
behavior analysis to contain a licensed behavior analyst or certified
behavior analyst assistant or any combination thereof.


Section 11 requires licensed behavior analysts and certified behavior
analyst assistants to complete two hours of coursework or training on
the identification and reporting of child abuse and maltreatment.

Section 12 adds licensed behavior analysts and certified behavior
analyst assistants as mandated reporters of child abuse and
maltreatment

Section 13 sets forth a severability clause.

Section 14 provides that sections 11 and 12 of the bill apply to
individuals who are licensed or certified pursuant to section 8805 of
the education law upon their re-registration with SED.

Section 15 is the effective date.

JUSTIFICATION: Chapters 595 and 596 of 2011 required health insurance
policies to provide coverage for the screening, diagnosis and
treatment of autism spectrum disorder. The licensure of behavior
analysts and certification of behavior analyst 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 $1 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 700 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,
SUNY 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: New Bill

FISCAL IMPLICATIONS: Undetermined

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

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

                                 4862--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by Sens. FUSCHILLO, LAVALLE, FLANAGAN, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Higher Education -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the education law, the limited liability company law,
  the partnership law and  the  social  services  law,  in  relation  to
  applied behavior analysis

  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  BEHAVIOR
                ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
        8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
        8805. SPECIAL PROVISIONS.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. STATE BOARD 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
BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIR-
TY OF THIS TITLE APPLY TO THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08806-15-3

S. 4862--A                          2

  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
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  APPLIED  BEHAVIOR  ANALYSIS  BY  A "LICENSED BEHAVIOR
ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION  OF  ENVI-
RONMENTAL  MODIFICATIONS,  USING BEHAVIORAL STIMULI 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 BEHAVIOR, PURSUANT TO A DIAGNO-
SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
AUTHORIZED TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR  ORDERING
SERVICES  PURSUANT  TO  A  PROFESSION  ENUMERATED IN THIS TITLE, FOR THE
PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS;  AND  INCLUDES  THE
SUPERVISION OF CERTIFIED BEHAVIOR ANALYST ASSISTANTS IN THE PROVISION OF
ABA SERVICES TO INDIVIDUALS.
  2.  THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED BEHAVIOR
ANALYST ASSISTANT" MEANS THE  SERVICES  AND  ACTIVITIES  PROVIDED  BY  A
PERSON  CERTIFIED  IN  ACCORDANCE  WITH THIS ARTICLE WHO WORKS UNDER THE
SUPERVISION OF A LICENSED  BEHAVIOR  ANALYST  TO  PERFORM  SUCH  PATIENT
RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
ING  LICENSED  BEHAVIOR  ANALYST.    SUPERVISION OF A CERTIFIED BEHAVIOR
ANALYST ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN  ACCORDANCE
WITH  REGULATIONS  OF  THE  COMMISSIONER.   NO LICENSED BEHAVIOR ANALYST
SHALL SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
  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  BEHAVIOR
ANALYST"  OR  "CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT".   ONLY A PERSON
LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE  APPLIED
BEHAVIOR  ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS ARTI-
CLE SHALL USE THE  TITLES  "LICENSED  BEHAVIOR  ANALYST"  OR  "CERTIFIED
BEHAVIOR  ANALYST  ASSISTANT"  OR ANY OTHER DESIGNATION TENDING TO IMPLY
THAT THE PERSON IS LICENSED OR CERTIFIED TO  PRACTICE  APPLIED  BEHAVIOR
ANALYSIS.

S. 4862--A                          3

  S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.  1. TO
QUALIFY  FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST 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.
  (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 BEHAVIOR ANALYST, AN APPLI-
CANT 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  BEHAVIOR  ANALYST  OR  A
CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
ING  BODY  HAVING  CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO
THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED,  WITHOUT  MEETING  ADDI-
TIONAL   REQUIREMENTS  AS  TO  EXAMINATION,  EXPERIENCE  AND  EDUCATION,
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.

S. 4862--A                          4

  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
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:
  A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
SUBDIVISION;
  B.  BY  A  CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
INSTITUTION;
  C. AS A CERTIFIED TEACHER OR TEACHING 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
  D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION  IN  PARAGRAPH  D  OF
SUBDIVISION  SIX  OF  SECTION  FORTY-FOUR  HUNDRED  TEN  OF THIS CHAPTER
APPLIES.
  3. NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  AS  PROHIBITING  THE
ACTIVITIES 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'S
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 DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS  OR
HER TRAINING STATUS.
  S  8808.  STATE  BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS
UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON  MATTERS
OF  LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-
FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRETARY  OF  THE  BOARD
SHALL  BE  APPOINTED  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
THE COMMISSIONER.
  2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
FOLLOWING:
  (A) THREE LICENSED BEHAVIOR ANALYSTS;
  (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
  (C) ONE LICENSED  PSYCHOLOGIST,  WHO  CURRENTLY  PRESCRIBES  TREATMENT
INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
AND
  (D)  TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
SION 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:

S. 4862--A                          5

  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
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  BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST
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

S. 4862--A                          6

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 BEHAVIOR ANALYST OR  CERTIFIED
BEHAVIOR  ANALYST  ASSISTANT  may use the titles "licensed mental health
counselor", "licensed marriage and family therapist", "licensed creative
arts therapist", or "licensed psychoanalyst", unless licensed under this
article.
  S 6. Subdivision (a) of section 1203 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state. With respect to a  professional  service  limited  liability
company  formed  to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133  of  the  education
law  to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary  services
as  such  services are defined in article 135 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 135 of the education law to practice veterinary medicine in this
state.  With respect to a professional service limited liability company
formed to provide professional engineering,  land  surveying,  architec-
tural  and/or  landscape  architectural  services  as  such services are
defined in article 145, article 147 and article  148  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such  professions  in  this  state.  With
respect  to  a  professional service limited liability company formed to
provide licensed clinical social work  services  as  such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to

S. 4862--A                          7

practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY  FORMED  TO  PROVIDE  APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED  BEHAVIOR  ANALYSIS
IN   THIS   STATE.  In  addition  to  engaging  in  such  profession  or
professions, a professional service limited liability company may engage
in any other business or activities as  to  which  a  limited  liability
company  may  be  formed  under section two hundred one of this chapter.
Notwithstanding any other provision  of  this  section,  a  professional
service  limited  liability  company  (i) authorized to practice law may
only engage in another profession or  business  or  activities  or  (ii)
which  is  engaged in a profession or other business or activities other
than law may only engage in the practice  of  law,  to  the  extent  not
prohibited  by  any  other  law of this state or any rule adopted by the
appropriate appellate division of the supreme  court  or  the  court  of
appeals.
  S  7. Subdivision (b) of section 1207 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service
limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state.  With  respect
to  a  professional  service limited liability company formed to provide
veterinary services as such services are defined in article 135  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With  respect to a professional service limited liability company formed
to provide licensed clinical social work services as such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed

S. 4862--A                          8

to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR  ANALYSIS  SERVICES  AS  SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE  167  OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
IN THIS STATE.
  S 8. Subdivision (a) of section 1301 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to a  foreign  professional  service  limited  liability  company  which
provides medical services as such services are defined in article 131 of

S. 4862--A                          9

the  education  law,  each  member  of such foreign professional service
limited liability company must be licensed pursuant to  article  131  of
the education law to practice medicine in this state.  With respect to a
foreign  professional  service  limited liability company which provides
dental services as such services are  defined  in  article  133  of  the
education  law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a  foreign
professional  service  limited  liability company which provides profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural  services  as  such  services  are defined in article 145,
article 147 and article 148 of the education law, each  member  of  such
foreign  professional service limited liability company must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such  professions  in  this  state.  With
respect  to  a  foreign  professional  service limited liability company
which provides licensed clinical social work services as  such  services
are  defined  in  article  154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With  respect  to  a  foreign  professional  service
limited  liability company which provides creative arts therapy services
as such services are defined in article 163 of the education  law,  each
member  of  such  foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law  to  prac-
tice  creative  arts  therapy  in  this state. With respect to a foreign
professional service limited liability company which  provides  marriage
and  family therapy services as such services are defined in article 163
of the education law, each member of such foreign  professional  service
limited  liability  company  must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as  such  services  are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in  this  state.  With respect to a foreign professional service limited
liability  company  which  provides  psychoanalysis  services  as   such
services are defined in article 163 of the education law, each member of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article  163  of  the  education  law  to  practice
psychoanalysis  in  this state.   WITH RESPECT TO A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES APPLIED BEHAVIOR ANALY-
SIS SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF  THE  EDUCA-
TION  LAW,  EACH  MEMBER  OF  SUCH  FOREIGN PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE  167
OF  THE  EDUCATION  LAW  TO  PRACTICE  APPLIED BEHAVIOR ANALYSIS IN THIS
STATE.
  S 9. Subdivision (q) of section 121-1500 of the  partnership  law,  as
separately  amended  by  chapters  420  and  676 of the laws of 2002, is
amended to read as follows:
  (q) Each partner of a registered limited liability partnership  formed
to  provide  medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state  and
each  partner  of  a  registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-

S. 4862--A                         10

cle 133 of the education law to practice dentistry in this state.   Each
partner  of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant  to  article
135  of the education law to practice veterinary medicine in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide  professional  engineering, land surveying, architectural and/or
landscape architectural services in this state must be licensed pursuant
to article 145, article 147 and/or article 148 of the education  law  to
practice  one or more of such professions in this state. Each partner of
a registered limited liability partnership formed  to  provide  licensed
clinical social work services in this state must be licensed pursuant to
article  154  of  the  education law to practice clinical social work in
this state. Each partner of a registered limited  liability  partnership
formed  to  provide creative arts therapy services in this state must be
licensed pursuant to article 163 of the education law to practice  crea-
tive  arts  therapy  in this state. Each partner of a registered limited
liability partnership formed to  provide  marriage  and  family  therapy
services  in  this state must be licensed pursuant to article 163 of the
education law to practice marriage and family  therapy  in  this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide mental health counseling services in this state must be licensed
pursuant to article 163 of the education law to practice  mental  health
counseling in this state. Each partner of a registered limited liability
partnership formed to provide psychoanalysis services in this state must
be  licensed  pursuant  to  article 163 of the education law to practice
psychoanalysis in this state.   EACH PARTNER  OF  A  REGISTERED  LIMITED
LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  APPLIED  BEHAVIOR  ANALYSIS
SERVICE IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO  ARTICLE
167  OF  THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS
STATE.
  S 10. Subdivision (q) of section 121-1502 of the partnership  law,  as
amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the  state  and
each  partner  of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary  service
in  the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state.  Each  partner  of  a
foreign  limited liability partnership which provides professional engi-
neering, land surveying, architectural  and/or  landscape  architectural
services in this state must be licensed pursuant to article 145, article
147  and/or  article 148 of the education law to practice one or more of
such professions. Each partner of a foreign limited  liability  partner-
ship which provides licensed clinical social work services in this state
must  be  licensed pursuant to article 154 of the education law to prac-
tice licensed clinical social work in this  state.  Each  partner  of  a
foreign limited liability partnership which provides creative arts ther-
apy  services  in this state must be licensed pursuant to article 163 of
the education law to practice creative arts therapy in this state.  Each
partner  of  a  foreign  limited  liability  partnership  which provides
marriage and family therapy services in  this  state  must  be  licensed
pursuant  to  article  163 of the education law to practice marriage and

S. 4862--A                         11

family therapy in this state. Each partner of a foreign limited  liabil-
ity partnership which provides mental health counseling services in this
state  must  be licensed pursuant to article 163 of the education law to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state.  EACH PARTNER OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES APPLIED  BEHAVIOR
ANALYSIS  SERVICES  IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT
TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR  ANALY-
SIS IN THIS STATE.
  S  11.  Paragraph  a of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, [or] dental  hygienist,  LICENSED  BEHAVIOR
ANALYST,  OR  CERTIFIED BEHAVIOR ANALYST ASSISTANT shall, in addition to
all the other licensure,  certification  or  permit  requirements,  have
completed  two hours of coursework or training regarding the identifica-
tion and reporting of child abuse and maltreatment.  The  coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report. Such coursework or training may also include information regard-
ing  the  physical and behavioral indicators of the abuse of individuals
with mental retardation and other developmental disabilities and  volun-
tary  reporting  of  abused  or neglected adults to the office of mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation showing that he or she has completed the required  training.  The
department shall provide an exemption from the child abuse and maltreat-
ment  training  requirements  to  any  applicant  who  requests  such an
exemption and who shows, to the department's  satisfaction,  that  there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S  12.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their

S. 4862--A                         12

professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
LICENSED BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; a Christian Science  practitioner;  school  official,  which
includes  but  is not limited to school teacher, school guidance counse-
lor, 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;  director
of  a children's overnight camp, summer day camp or traveling summer day
camp, as such camps are defined in section thirteen  hundred  ninety-two
of  the public health law; day care center worker; school-age child care
worker; provider of family or group family day care; or any other  child
care  or foster care worker; mental health professional; substance abuse
counselor; alcoholism counselor; all persons credentialed by the  office
of  alcoholism and substance abuse services; peace officer; police offi-
cer; district attorney  or  assistant  district  attorney;  investigator
employed  in the office of a district attorney; or other law enforcement
official.
  S 13. 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  14.  The provisions of sections eleven and twelve of this act shall
not apply to persons applying  for  licensure  or  certification  or  to
persons  licensed or certified pursuant to section 8805 of the education
law until such licensed or certified person re-registers  their  license
or  certification  in  accordance  with the provisions of paragraph g of
subdivisions 1 and 2 of section 8804 of the education law  as  added  by
section one of this act.
  S  15.  This  act  shall take effect July 1, 2014:  provided, however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such date, then the amendments to paragraph (a) of subdivision
1 of section 413 of the social services law made by  section  twelve  of
this  act  shall  take effect on the same date and in the same manner as
such chapter of the laws of 2012, takes effect;  provided  further  that
sections six, seven, eight, nine and ten of this act and section 8805 of
the  education law as added by section one of this act shall take effect
immediately; and provided further that effective immediately, the  addi-
tion,  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.

Co-Sponsors

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S4862B (ACTIVE) - Bill Details

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 L L; amd §§121-1500 & 121-1502, Partn L; amd §413, Soc Serv L

S4862B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4862B

TITLE OF BILL: An act to amend the education law, the limited
liability company law, the partnership law and the social services
law, in relation to applied behavior analysis

PURPOSE:

This bill would provide for the licensure of behavior analysts and the
certification of behavior analyst assistants.

SUMMARY OF PROVISIONS:

Section 1 of this bill:

*Defines applied behavior analysis as the design, implementation and
evaluation of environmental modifications, using behavioral stimuli
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
behavior, pursuant to a diagnosis and prescription or order from a
person who is licensed or otherwise authorized to provide such
diagnosis and prescription or ordering services pursuant to a
profession enumerated in this title, for the purpose of providing
behavioral health treatment for persons with autism, autism spectrum
disorders and related disorders as defined by the DSM and ICD
diagnostic criteria or codes;

*Defines the practice of licensed behavior analysts and the practice
of certified behavior analyst assistants. Nothing, however, shall
prevent a person without a license from performing tasks such as
assisting in the recording and collection of data needed to monitor
prowess, participation in required team meetings, and completion of
other routine and repetitive activities that do not require
professional skill or judgment for the purpose of assisting in the
implementation of an individual ABA plan;

*Limits the practice of applied behavior analysis to licensed behavior
analysts, certified analyst assistants and exempt persons and limits
the use of the title of "licensed behavior analyst" and "certified
behavior analyst 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 a behavior analyst or
certification as a behavior analyst 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 a behavior analyst or certified as a behavior analyst
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- this includes an exemption for chartered elementary or
secondary schools such as approved private schools serving students
with disabilities (853 schools), state-supported schools (4201
schools) and special act school districts; and

*Creates the state board for applied behavior analysis.

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

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

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

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

Section 6-10 requires partnerships and corporations formed to practice
behavior analysis to contain a licensed behavior analyst or certified
behavior analyst assistant or any combination thereof.

Section 11 requires licensed behavior analysts and certified behavior
analyst assistants to complete two hours of coursework or training on
the identification and reporting of child abuse and maltreatment.

Section 12 adds licensed behavior analysts and certified behavior
analyst assistants as mandated reporters of child abuse and
maltreatment.

Section 13 sets forth exemptions from licensure and certification for
individuals employed by programs licensed, certified, operated, or
funded and regulated by the Office for People with Developmental
Disabilities (OPWDD) or the Office of Mental Health (OMH) until July
1, 2018; requires OPWDD and OMH on or before September 1, 2016, to
submit relevant information to the State Education Department (SED);
and requires the Commissioner of SED, after receiving such information
and meeting with stakeholders, to prepare a report to the Executive
and Legislature to recommend any necessary changes to law, rules or
regulations.

Section 14 sets forth a severability clause.

Section 15 provides that sections 11 and 12 of the bill apply to
individuals who are licensed or certified pursuant to section 8805 of
the education law upon their re-registration with SED.

Section 16 is the effective date.

JUSTIFICATION:

Chapters 595 and 596 of 2011 required health insurance policies to
provide coverage for the screening, diagnosis and treatment of autism
spectrum disorder. The licensure of behavior analysts and


certification of behavior analyst 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 II 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 $1 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 700 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,
SUNY 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 sections six
through ten of this act and section 8805 of the education law as added
by section one of this act shall take effect immediately.

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

                                 4862--B
    Cal. No. 799

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by Sens. FUSCHILLO, LAVALLE, FLANAGAN, PARKER, SAVINO, VALE-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted  to  the  Committee on Higher Education -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the education law, the limited liability company law,
  the partnership law and  the  social  services  law,  in  relation  to
  applied behavior analysis

  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  BEHAVIOR
                ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
        8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
        8805. SPECIAL PROVISIONS.
        8806. LIMITED PERMITS.
        8807. EXEMPTIONS.
        8808. STATE BOARD 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
BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08806-19-3

S. 4862--B                          2

AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIR-
TY 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
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  APPLIED  BEHAVIOR  ANALYSIS  BY  A "LICENSED BEHAVIOR
ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION  OF  ENVI-
RONMENTAL  MODIFICATIONS,  USING BEHAVIORAL STIMULI 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 BEHAVIOR, PURSUANT TO A DIAGNO-
SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
AUTHORIZED TO  PROVIDE  SUCH  DIAGNOSIS  AND  PRESCRIPTION  OR  ORDERING
SERVICES  PURSUANT  TO  A  PROFESSION  ENUMERATED IN THIS TITLE, FOR THE
PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
  2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED  BEHAVIOR
ANALYST  ASSISTANT"  MEANS  THE  SERVICES  AND  ACTIVITIES PROVIDED BY A
PERSON CERTIFIED IN ACCORDANCE WITH THIS ARTICLE  WHO  WORKS  UNDER  THE
SUPERVISION  OF  A  LICENSED  BEHAVIOR  ANALYST  TO PERFORM SUCH PATIENT
RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
ING LICENSED BEHAVIOR ANALYST.   SUPERVISION  OF  A  CERTIFIED  BEHAVIOR
ANALYST  ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
WITH REGULATIONS OF THE COMMISSIONER.    NO  LICENSED  BEHAVIOR  ANALYST
SHALL SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
  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 BEHAVIOR
ANALYST" OR "CERTIFIED BEHAVIOR  ANALYST  ASSISTANT".    ONLY  A  PERSON
LICENSED,  CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE APPLIED
BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS  ARTI-
CLE  SHALL  USE  THE  TITLES  "LICENSED  BEHAVIOR ANALYST" OR "CERTIFIED
BEHAVIOR ANALYST ASSISTANT."
  S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.  1. TO
QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT,  AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;

S. 4862--B                          3

  (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.
  (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 BEHAVIOR ANALYST, AN  APPLI-
CANT 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 BEHAVIOR ANALYST OR A
CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
ING BODY HAVING CERTIFICATION OR REGISTRATION  STANDARDS  ACCEPTABLE  TO
THE  COMMISSIONER,  MAY  BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI-
TIONAL  REQUIREMENTS  AS  TO  EXAMINATION,  EXPERIENCE  AND   EDUCATION,
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.

S. 4862--B                          4

  2. NOTHING IN THIS ARTICLE 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:
  A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
SUBDIVISION;
  B.  BY  A  CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
INSTITUTION;
  C. AS A CERTIFIED TEACHER OR TEACHING 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
  D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION  IN  PARAGRAPH  D  OF
SUBDIVISION  SIX  OF  SECTION  FORTY-FOUR  HUNDRED  TEN  OF THIS CHAPTER
APPLIES.
  3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A  CERTI-
FIED  TEACHER  OR  TEACHING  ASSISTANT,  OTHER  THAN  A  PUPIL PERSONNEL
SERVICES PROFESSIONAL, FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR
ANALYST OR CERTIFIED BEHAVIOR ANALYST ASSISTANT, IN THE COURSE  OF  SUCH
EMPLOYMENT  OR  CONTRACTUAL  AGREEMENT,  IF  SUCH  PERSON IS EMPLOYED OR
CONTRACTED WITH AN AGENCY  APPROVED  BY  THE  DEPARTMENT  OF  HEALTH  TO
PROVIDE EARLY INTERVENTION SERVICES OR HAS AN AGREEMENT WITH THE DEPART-
MENT  OF HEALTH TO PROVIDE EARLY INTERVENTION SERVICES PURSUANT TO TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
  4. NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  AS  PROHIBITING  THE
ACTIVITIES 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'S
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 DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS  OR
HER TRAINING STATUS.
  S  8808.  STATE  BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS
UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON  MATTERS
OF  LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-
FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRETARY  OF  THE  BOARD
SHALL  BE  APPOINTED  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
THE COMMISSIONER.
  2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
FOLLOWING:
  (A) THREE LICENSED BEHAVIOR ANALYSTS;
  (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
  (C) ONE LICENSED PSYCHOLOGIST, WHO MAY CURRENTLY  PRESCRIBE  TREATMENT
INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
AND
  (D)  TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
SION 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:

S. 4862--B                          5

  (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
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  BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST
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-

S. 4862--B                          6

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 BEHAVIOR ANALYST OR CERTIFIED
BEHAVIOR ANALYST ASSISTANT may use the titles  "licensed  mental  health
counselor", "licensed marriage and family therapist", "licensed creative
arts therapist", or "licensed psychoanalyst", unless licensed under this
article.
  S  6. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (a)  Notwithstanding  the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render  a
professional  service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional  service
within  the  state,  may  form,  or  cause  to be formed, a professional
service limited liability company for pecuniary profit under this  arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional  service  limited  liability  company  formed  to provide medical
services as such services are defined in article 131  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 131 of the education law  to  practice  medicine  in
this  state.  With  respect  to a professional service limited liability
company formed to provide dental services as such services  are  defined
in article 133 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a  professional
service  limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education  law,  each
member  of  such  limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability  company
formed  to  provide  professional engineering, land surveying, architec-
tural and/or landscape  architectural  services  as  such  services  are
defined  in  article  145,  article 147 and article 148 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With
respect to a professional service limited liability  company  formed  to
provide  licensed  clinical  social  work  services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed  pursuant  to  article  154  of  the
education  law  to practice licensed clinical social work in this state.
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education

S. 4862--B                          7

law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental
health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. With respect to  a  professional
service  limited  liability  company  formed  to  provide psychoanalysis
services as such services are defined in article 163  of  the  education
law,  each  member  of  such  limited liability company must be licensed
pursuant to article 163 of the education law to practice  psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY  FORMED  TO  PROVIDE  APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED  BEHAVIOR  ANALYSIS
IN   THIS   STATE.  In  addition  to  engaging  in  such  profession  or
professions, a professional service limited liability company may engage
in any other business or activities as  to  which  a  limited  liability
company  may  be  formed  under section two hundred one of this chapter.
Notwithstanding any other provision  of  this  section,  a  professional
service  limited  liability  company  (i) authorized to practice law may
only engage in another profession or  business  or  activities  or  (ii)
which  is  engaged in a profession or other business or activities other
than law may only engage in the practice  of  law,  to  the  extent  not
prohibited  by  any  other  law of this state or any rule adopted by the
appropriate appellate division of the supreme  court  or  the  court  of
appeals.
  S  7. Subdivision (b) of section 1207 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of  2002,
is amended to read as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service
limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state.  With  respect
to  a  professional  service limited liability company formed to provide
veterinary services as such services are defined in article 135  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With  respect to a professional service limited liability company formed

S. 4862--B                          8

to provide licensed clinical social work services as such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education  law  to practice licensed clinical social work in this state.
With respect to a professional service limited liability company  formed
to  provide  creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163  of  the  education
law  to  practice creative arts therapy in this state. With respect to a
professional  service  limited  liability  company  formed  to   provide
marriage  and  family  therapy  services as such services are defined in
article 163 of the education law, each member of such limited  liability
company must be licensed pursuant to article 163 of the education law to
practice  marriage  and  family therapy in this state. With respect to a
professional service limited liability company formed to provide  mental
health  counseling  services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the  education  law  to  practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR  ANALYSIS  SERVICES  AS  SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE  167  OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
IN THIS STATE.
  S 8. Subdivision (a) of section 1301 of the limited liability  company
law,  as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-

S. 4862--B                          9

cle  135  of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to  article
135  of  the education law to practice veterinary medicine. With respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional  engineering,  land  surveying,  architectural  and/or  landscape
architectural services as such services  are  defined  in  article  145,
article  147  and  article 148 of the education law, each member of such
foreign professional service limited liability company must be  licensed
pursuant to article 145, article 147 and/or article 148 of the education
law  to  practice  one  or  more of such professions in this state. With
respect to a foreign  professional  service  limited  liability  company
which  provides  licensed clinical social work services as such services
are defined in article 154 of the education law,  each  member  of  such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work  in  this  state.  With  respect  to a foreign professional service
limited liability company which provides creative arts therapy  services
as  such  services are defined in article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice creative arts therapy in this state.  With  respect  to  a  foreign
professional  service  limited liability company which provides marriage
and family therapy services as such services are defined in article  163
of  the  education law, each member of such foreign professional service
limited liability company must be licensed pursuant to  article  163  of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign  professional  service  limited
liability   company  which  provides  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  163  of  the  education law to practice
psychoanalysis in this state.  WITH RESPECT TO  A  FOREIGN  PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES APPLIED BEHAVIOR ANALY-
SIS  SERVICES  AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCA-
TION LAW, EACH MEMBER  OF  SUCH  FOREIGN  PROFESSIONAL  SERVICE  LIMITED
LIABILITY  COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167
OF THE EDUCATION LAW TO  PRACTICE  APPLIED  BEHAVIOR  ANALYSIS  IN  THIS
STATE.
  S  9.  Subdivision  (q) of section 121-1500 of the partnership law, as
separately amended by chapters 420 and 676  of  the  laws  of  2002,  is
amended to read as follows:

S. 4862--B                         10

  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, land surveying,  architectural  and/or
landscape architectural services in this state must be licensed pursuant
to  article  145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. Each partner  of
a  registered  limited  liability partnership formed to provide licensed
clinical social work services in this state must be licensed pursuant to
article 154 of the education law to practice  clinical  social  work  in
this  state.  Each partner of a registered limited liability partnership
formed to provide creative arts therapy services in this state  must  be
licensed  pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. Each partner of  a  registered  limited
liability  partnership  formed  to  provide  marriage and family therapy
services in this state must be licensed pursuant to article 163  of  the
education  law  to  practice  marriage and family therapy in this state.
Each partner of a registered limited  liability  partnership  formed  to
provide mental health counseling services in this state must be licensed
pursuant  to  article 163 of the education law to practice mental health
counseling in this state. Each partner of a registered limited liability
partnership formed to provide psychoanalysis services in this state must
be licensed pursuant to article 163 of the  education  law  to  practice
psychoanalysis  in  this  state.    EACH PARTNER OF A REGISTERED LIMITED
LIABILITY  PARTNERSHIP  FORMED  TO  PROVIDE  APPLIED  BEHAVIOR  ANALYSIS
SERVICE  IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE
167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS  IN  THIS
STATE.
  S  10.  Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws  of  2004,  is  amended  to  read  as
follows:
  (q)  Each  partner  of  a  foreign limited liability partnership which
provides medical services in this state must  be  licensed  pursuant  to
article  131  of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership  which  provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign  limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the  education
law  to  practice  veterinary  medicine in this state. Each partner of a
foreign limited liability partnership which provides professional  engi-
neering,  land  surveying,  architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or  more  of
such  professions.  Each partner of a foreign limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law  to  prac-
tice  licensed  clinical  social  work  in this state. Each partner of a
foreign limited liability partnership which provides creative arts ther-

S. 4862--B                         11

apy services in this state must be licensed pursuant to article  163  of
the  education law to practice creative arts therapy in this state. Each
partner of  a  foreign  limited  liability  partnership  which  provides
marriage  and  family  therapy  services  in this state must be licensed
pursuant to article 163 of the education law to  practice  marriage  and
family  therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education  law  to
practice  mental  health  counseling  in  this  state. Each partner of a
foreign limited  liability  partnership  which  provides  psychoanalysis
services  in  this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state.  EACH PARTNER OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES APPLIED  BEHAVIOR
ANALYSIS  SERVICES  IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT
TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR  ANALY-
SIS IN THIS STATE.
  S  11.  Paragraph  a of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, [or] dental  hygienist,  LICENSED  BEHAVIOR
ANALYST,  OR  CERTIFIED BEHAVIOR ANALYST ASSISTANT shall, in addition to
all the other licensure,  certification  or  permit  requirements,  have
completed  two hours of coursework or training regarding the identifica-
tion and reporting of child abuse and maltreatment.  The  coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report. Such coursework or training may also include information regard-
ing  the  physical and behavioral indicators of the abuse of individuals
with mental retardation and other developmental disabilities and  volun-
tary  reporting  of  abused  or neglected adults to the office of mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation showing that he or she has completed the required  training.  The
department shall provide an exemption from the child abuse and maltreat-
ment  training  requirements  to  any  applicant  who  requests  such an
exemption and who shows, to the department's  satisfaction,  that  there
would be no need because of the nature of his or her practice for him or
her to complete such training;

S. 4862--B                         12

  S  12.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
LICENSED BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; a Christian Science  practitioner;  school  official,  which
includes  but  is not limited to school teacher, school guidance counse-
lor, 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;  director
of  a children's overnight camp, summer day camp or traveling summer day
camp, as such camps are defined in section thirteen  hundred  ninety-two
of  the public health law; day care center worker; school-age child care
worker; provider of family or group family day care; or any other  child
care  or foster care worker; mental health professional; substance abuse
counselor; alcoholism counselor; all persons credentialed by the  office
of  alcoholism and substance abuse services; peace officer; police offi-
cer; district attorney  or  assistant  district  attorney;  investigator
employed  in the office of a district attorney; or other law enforcement
official.
  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 by programs licensed, certified, operated, or
funded  and  regulated by the office for people with developmental disa-
bilities or the office of mental health; provided,  however,  that  this
section  shall not authorize the use of any title authorized pursuant to
article 167 of the education law; and provided  further,  however,  that
this section shall be deemed repealed on July 1, 2018.
  b. On or before September 1, 2016, the office for people with develop-
mental  disabilities  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 otherwise be restricted to individuals licensed or authorized
under article 167 of the education law, shall submit to the commissioner
of education, in such form and detail as requested by such commissioner,
data  in  relation  to:  the  number  of  individuals employed in exempt
programs licensed, certified, operated, or funded and regulated  by  the
office  for  people  with developmental disabilities 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

S. 4862--B                         13

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 and autism
spectrum disorders and related disorders.
  c.  The  commissioner  of education, after receipt of this data and in
consultation with the office for people with developmental  disabilities
and  the office of mental health, not-for-profit providers, professional
associations, consumers and other  key  stakeholders,  shall  prepare  a
report  that recommends changes in any laws, rules or regulations neces-
sary to ensure appropriate licensure or other authorization of  individ-
uals  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 recommended 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.  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 14. 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  15.  The provisions of sections eleven and twelve of this act shall
not apply to persons applying  for  licensure  or  certification  or  to
persons  licensed or certified pursuant to section 8805 of the education
law until such licensed or certified person re-registers  their  license
or  certification  in  accordance  with the provisions of paragraph g of
subdivisions 1 and 2 of section 8804 of the education law  as  added  by
section one of this act.
  S  16.  This  act  shall take effect July 1, 2014:  provided, however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such date, then the amendments to paragraph (a) of subdivision
1 of section 413 of the social services law made by  section  twelve  of
this  act  shall  take effect on the same date and in the same manner as
such chapter of the laws of 2012, takes effect;  provided  further  that
sections six, seven, eight, nine and ten of this act and section 8805 of
the  education law as added by section one of this act shall take effect
immediately; and provided further that effective immediately, the  addi-
tion,  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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