S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10454
 
                           I N  A S S E M B L Y
 
                               May 24, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Glick) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education  law,  in  relation  to  requirements  for
   licensure and certification of applied behavior analysts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 8805 of the education law, as added by chapter  554
 of the laws of 2013, is amended to read as follows:
   §  8805.  Special provisions. An individual who meets the requirements
 for a license [or certification] as a licensed behavior analyst,  PURSU-
 ANT  TO  SUBDIVISION  TWO  OF  SECTION EIGHTY-EIGHT HUNDRED FOUR OF THIS
 ARTICLE, or CERTIFICATION AS a  certified  behavior  analyst  assistant,
 PURSUANT TO SUBDIVISION ONE OF SECTION EIGHTY-EIGHT HUNDRED FOUR OF THIS
 ARTICLE,  except  for  examination, experience and education, and who is
 certified or registered by a national  certifying  body  having  certif-
 ication or registration standards acceptable to the commissioner, may be
 licensed  or  certified,  without  meeting additional requirements as to
 examination, experience and education,  provided  that  such  individual
 submits an application to the department [within two years of the effec-
 tive date of this section].
   §  2.  Section  8807  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. NOTHING IN THIS ARTICLE  SHALL  BE  CONSTRUED  AS  PROHIBITING  THE
 ACTIVITIES AND SERVICES REQUIRED OF A GRADUATE OF AN EDUCATIONAL PROGRAM
 ACCEPTABLE  TO THE DEPARTMENT, SEEKING TO COMPLETE SUPERVISED EXPERIENCE
 AND/OR EXAMINATION REQUIREMENTS FOR CERTIFICATION OR REGISTRATION  BY  A
 NATIONAL  CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS
 ACCEPTABLE TO THE COMMISSIONER; PROVIDED,  HOWEVER,  THAT  THE  GRADUATE
 SHALL  BE  UNDER  THE  SUPERVISION OF A LICENSED BEHAVIOR ANALYST WHO IS
 LICENSED AND REGISTERED IN NEW YORK AND EMPLOYED BY A SETTING AUTHORIZED
 TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES IN NEW YORK, ACCEPTABLE TO
 THE DEPARTMENT. THE SUPERVISING LICENSED BEHAVIOR ANALYST SHALL  SUBMIT,
 UPON  COMMENCING THE SUPERVISION OF ANY GRADUATE OR NO LATER THAN NINETY
 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, ON A FORM  PRESCRIBED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15900-03-2
 A. 10454                            2

 BY  THE  DEPARTMENT,  A SWORN STATEMENT ATTESTING TO COMPLIANCE WITH THE
 REQUIREMENTS OF THIS SUBDIVISION.  SUCH USE OF A GRADUATE SHALL  SUBJECT
 THE  SUPERVISING  LICENSED BEHAVIOR ANALYST TO THE FULL DISCIPLINARY AND
 REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT PURSUANT
 TO  THIS  TITLE.  THE SUPERVISING LICENSED BEHAVIOR ANALYST SHALL NOTIFY
 THE PATIENT OR THE PERSON LEGALLY RESPONSIBLE FOR  THE  PATIENT  IF  THE
 PATIENT  IS  A  MINOR, OR OTHER INDIVIDUAL INCAPABLE OF CONSENTING, WHEN
 SERVICES WILL BE PROVIDED BY A GRADUATE UNDER SUPERVISION. THE SUPERVIS-
 ING LICENSED BEHAVIOR ANALYST  SHALL  REMAIN  RESPONSIBLE  FOR  SERVICES
 PROVIDED TO THE PATIENT BY THE GRADUATE AND SHALL PROVIDE THE PATIENT OR
 PERSON  LEGALLY  RESPONSIBLE FOR THE PATIENT AN OPPORTUNITY TO OBJECT TO
 THE USE OF A GRADUATE TO  PROVIDE  APPLIED  BEHAVIOR  ANALYSIS  SERVICES
 UNDER SUPERVISION.
   § 3. This act shall take effect immediately.