NY State Senate Bill 2019-S4967A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
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)

co-Sponsors

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2019-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 Other Legislative Sessions:: 2017-2018: A7632
2021-2022: S1662, A3523

2019-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.

2019-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.

2019-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

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2019-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 Other Legislative Sessions:: 2017-2018: A7632
2021-2022: S1662, A3523

2019-S4967A (ACTIVE) - Summary

2019-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.

2019-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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Senate Bill S4967A

Sponsored By

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

Bill Amendments

co-Sponsors

2019-S4967 - Details

2019-S4967 - Summary

2019-S4967 - Sponsor Memo

2019-S4967 - Bill Text download pdf

co-Sponsors

2019-S4967A (ACTIVE) - Details

2019-S4967A (ACTIVE) - Summary

2019-S4967A (ACTIVE) - Sponsor Memo

2019-S4967A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4967A

Share this bill

Sponsored By

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

Bill Amendments

co-Sponsors

2019-S4967 - Details

2019-S4967 - Summary

2019-S4967 - Sponsor Memo

2019-S4967 - Bill Text download pdf

co-Sponsors

2019-S4967A (ACTIVE) - Details

2019-S4967A (ACTIVE) - Summary

2019-S4967A (ACTIVE) - Sponsor Memo

2019-S4967A (ACTIVE) - Bill Text download pdf

Comments