NY State Senate Bill S4967A

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2019	print number 4967a
Jun 16, 2019	amend and recommit to higher education
Apr 02, 2019	referred to higher education

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S4967 - Details

See Assembly Version of this Bill:: A6389
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L
Versions Introduced in 2017-2018 Legislative Session:: A7632

S4967 - Summary

Relates to the practice of applied behavior analysis; removes the requirement for a diagnosis from a person who is licensed or otherwise authorized to provide such diagnosis for persons with autism or related disorders.

S4967 - Sponsor Memo

 
BILL NUMBER: S4967

SPONSOR: SKOUFIS
 
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 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 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:

Assembly
A.7632 of 2017/2018

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4967 - Bill Text download pdf


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

                                  4967

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 2, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- 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.
                                                           LBD04744-01-9

Co-Sponsors

view additional co-sponsors

S4967A (ACTIVE) - Details

See Assembly Version of this Bill:: A6389
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L
Versions Introduced in 2017-2018 Legislative Session:: A7632

S4967A (ACTIVE) - Summary

S4967A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4967A

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version clarifies that behavior analysis shall be pursuant
to a prescription.

 
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 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 profes-
sion 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.

 
PRIOR LEGISLATIVE HISTORY:

A. 7632 of 2017/2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

S4967A (ACTIVE) - Bill Text download pdf


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

                                 4967--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 2, 2019
                               ___________

Introduced  by  Sens. SKOUFIS, BOYLE, BROOKS, GALLIVAN, HELMING, JACOBS,
  KAMINSKY, KENNEDY, MAY, METZGER, MONTGOMERY, RITCHIE, SAVINO,  TEDISCO
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Higher  Education  --  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  [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.
                                                           LBD04744-03-9

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The New York State Senate

senate Bill S4967A

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4967 - Details

S4967 - Summary

S4967 - Sponsor Memo

S4967 - Bill Text download pdf

Co-Sponsors

S4967A (ACTIVE) - Details

S4967A (ACTIVE) - Summary

S4967A (ACTIVE) - Sponsor Memo

S4967A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4967A

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S4967 - Details

S4967 - Summary

S4967 - Sponsor Memo

S4967 - Bill Text download pdf

Co-Sponsors

S4967A (ACTIVE) - Details

S4967A (ACTIVE) - Summary

S4967A (ACTIVE) - Sponsor Memo

S4967A (ACTIVE) - Bill Text download pdf

Comments