NY State Senate Bill 2017-S4599A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	print number 4599a
Jun 14, 2018	amend and recommit to higher education
Jan 03, 2018	referred to higher education
Feb 21, 2017	referred to higher education

Bill Amendments

Original

A (Active)

co-Sponsors

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2017-S4599 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L

2017-S4599 - Summary

Relates to the practice of applied behavior analysis; removes the language specific to persons with autism and autism spectrum disorders and related disorders.

2017-S4599 - Sponsor Memo

                                 BILL NUMBER:  S4599

 TITLE OF BILL :  An act to amend the education law, in relation to
applied behavior analysis

 PURPOSE :

The bill will make New York consistent with other states that license
behavior analysts.

 SUMMARY OF PROVISIONS :

Section one of the bill will amend Subdivision one of Section 8802 of
the education law to make the licensing of behavior analysts in New
York consistent with the licensing on other states. Section two
provides an immediate effective date.

 JUSTIFICATION :

In 2014, New York enacted a separate licensure law for behavior
analysts. Unlike many other states, however, New York's behavior
analysis licensing law (Article 167 of the Education law) restricts
these professionals in a way that only authorizes these professionals
to treat individuals diagnosed with autism or a related disorder. The
original law was designed to ensure a smooth implementation of the
insurance mandate to pay for the treatment of those individuals

diagnosed with autism by qualified and regulated professionals.
Behavior analysts apply scientific principles of learning and behavior
systematically to address socially significant human behavior to
impact behavior outcomes. Examples of disorders treated by behavioral
analysts include but are not limited to the following:  autism
spectrum disorders, sensory processing disorder, anorexia nervosa,
Alzheimer's, ADHD, Down Syndrome, and reactive attachment disorder
(RAD). This practice is not designed to be limited to individuals
diagnosed with autism or a related disorder.

The profession of behavior analysis has made countless improvements in
the lives of individuals in many ways including educational
applications and learning, behavioral challenges, substance abuse,
brain injury, Alzheimer's, ADHD, behavioral medicine and Down
Syndrome. The profession has contributed substantial evidence making
positive behavioral outcomes for those with many disorders other than
autism, and should not be defined by a particular disorder. It is time
to align New York's law with the actual practice of this profession
and match with the laws of other states.

This law affects students in college programs studying to become
licensed behavior analysts because it reduces the training
opportunities. The education of individuals in a profession should not
be limited by a particular disorder; instead, as in other professions,
the learning involves a broader understanding of the full scope of
practice. This change in the law should be implemented to allow the
profession to be properly defined and match the laws of other states.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4599 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4599
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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.  Subdivision  1  of  section 8802 of the education law, as
 added by chapter 554 of the laws of 2013, is amended to read as follows:
   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 diag-
 nosis and prescription or order from a person who is licensed or  other-
 wise  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. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10083-01-7

co-Sponsors

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2017-S4599A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L

2017-S4599A (ACTIVE) - Summary

Relates to the practice of applied behavior analysis; removes the language specific to persons with autism and autism spectrum disorders and related disorders.

2017-S4599A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4599A

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the education law, in relation to
applied behavior analysis

 
PURPOSE:

The bill will make New York consistent with other states that license
behavior analysts.

 
SUMMARY OF PROVISIONS:

Section one of the bill will amend Subdivision one of Section 8802 of
the education law to make the licensing of behavior analysts in New York
consistent with the licensing on other states. Section two provides an
immediate effective date.

 
JUSTIFICATION:

In 2014, New York enacted a separate licensure law for behavior
analysts. Unlike many other states, however, New York's behavior analy-
sis licensing law (Article 167 of the Education law) restricts these
professionals in a way that only authorizes these professionals to treat
individuals diagnosed with autism or a related disorder. The original
law was designed to ensure a smooth implementation of the insurance
mandate to pay for the treatment of those individuals diagnosed with
autism by qualified and regulated professionals.  Behavior analysts
apply scientific principles of learning and behavior systematically to
address socially significant human behavior to impact behavior outcomes.
Examples of disorders treated by behavioral analysts include but are not
limited to the following:  autism spectrum disorders, sensory processing
disorder, anorexia nervosa, Alzheimer's, ADHD, Down Syndrome, and reac-
tive attachment disorder (RAD). This practice is not designed to be
limited to individuals diagnosed with autism or a related disorder.

The profession of behavior analysis has made countless improvements in
the lives of individuals in many ways including educational applications
and learning, behavioral challenges, substance abuse, brain injury,
Alzheimer's, ADHD, behavioral medicine and Down Syndrome. The profession
has contributed substantial evidence making positive behavioral outcomes
for those with many disorders other than autism, and should not be
defined by a particular disorder. It is time to align New York's law
with the actual practice of this profession and match with the laws of
other states.

This law affects students in college programs studying to become
licensed behavior analysts because it reduces the training opportu-
nities. The education of individuals in a profession should not be
limited by a particular disorder; instead, as in other professions, the
learning involves a broader understanding of the full scope of practice.
This change in the law should be implemented to allow the profession to
be properly defined and match the laws of other states.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:
Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S4599A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4599--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2017
                                ___________
 
 Introduced  by  Sens. RITCHIE, BROOKS, FELDER, GALLIVAN, HAMILTON, HELM-
   ING, JACOBS, KAMINSKY, LARKIN, ORTT, ROBACH, SAVINO -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Higher Education -- recommitted to the Committee on  Higher  Education
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.  Subdivision  1  of  section 8802 of the education law, as
 added by chapter 554 of the laws of 2013, is amended to read as follows:
   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. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10083-02-8

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Senate Bill S4599A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

co-Sponsors

2017-S4599 - Details

2017-S4599 - Summary

2017-S4599 - Sponsor Memo

2017-S4599 - Bill Text download pdf

co-Sponsors

2017-S4599A (ACTIVE) - Details

2017-S4599A (ACTIVE) - Summary

2017-S4599A (ACTIVE) - Sponsor Memo

2017-S4599A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

co-Sponsors

2017-S4599 - Details

2017-S4599 - Summary

2017-S4599 - Sponsor Memo

2017-S4599 - Bill Text download pdf

co-Sponsors

2017-S4599A (ACTIVE) - Details

2017-S4599A (ACTIVE) - Summary

2017-S4599A (ACTIVE) - Sponsor Memo

2017-S4599A (ACTIVE) - Bill Text download pdf

Comments