NY State Senate Bill S1662B

Archive: Last Bill Status Via A3523 - Signed by Governor

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2021	signed chap.818
Dec 20, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1130 substituted for s1662b
Jun 09, 2021	substituted by a3523a
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1130
May 12, 2021	print number 1662b
May 12, 2021	amend and recommit to higher education
May 07, 2021	print number 1662a
May 07, 2021	amend and recommit to higher education
Jan 14, 2021	referred to higher education

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S1662 - Details

See Assembly Version of this Bill:: A3523
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7632
2019-2020: S4967, A6389

S1662 - Summary

Relates to the practice of applied behavior analysis.

S1662 - Sponsor Memo

 
BILL NUMBER: S1662

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to applied behavior anal-
ysis

 
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 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.

 
PRIOR LEGISLATIVE HISTORY:

2020 - S4967A Referred to Higher Education
       A6389A Referred to Higher Education

A. 7632 of 2017/2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

S1662 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1662
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sens. SKOUFIS, BIAGGI, BOYLE, BRESLIN, BROOKS, GALLIVAN,
   GAUGHRAN, GOUNARDES, HARCKHAM, HELMING,  HOYLMAN,  JACKSON,  KAMINSKY,
   KAPLAN,  KENNEDY,  MAY, ORTT, RITCHIE, SAVINO, SERINO, TEDISCO -- 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.
                                                            LBD05851-01-1

Co-Sponsors

view additional co-sponsors

S1662A - Details

See Assembly Version of this Bill:: A3523
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7632
2019-2020: S4967, A6389

S1662A - Summary

Relates to the practice of applied behavior analysis.

S1662A - Sponsor Memo

 
BILL NUMBER: S1662A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to applied behavior anal-
ysis

 
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. Prescriptions or orders
for behavioral health treatment provided by a licensed behavior analyst
shall be limited to providing treatment to individuals with behavioral
health conditions that appear in the Diagnostic and Statistical Manual

of Mental Disorders, published by the American Psychiatric Association,
or an equivalent classification system as determined by the department.
In addition, licensed behavior analysts providing services pursuant to a
prescription or order, as authorized by this section, shall provide a
report at least annually regarding the status of the individual served
to the licensed person prescribing or ordering such service or more
frequently, if needed, in order to report significant changes in the
condition of the individual.

Section two provides the 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.

 
PRIOR LEGISLATIVE HISTORY:

2020 - S4967A Referred to Higher Education
       A6389A Referred to Higher Education

A. 7632 of 2017/2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. Effective immediately, the addition 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 on or before such effective
date

S1662A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1662--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  BIAGGI,  BOYLE, BRESLIN, BROOKS, BROUK,
   COONEY, GALLIVAN, GAUGHRAN,  GOUNARDES,  HARCKHAM,  HELMING,  HOYLMAN,
   JACKSON,  JORDAN,  KAMINSKY, KAPLAN, KENNEDY, MANNION, MARTUCCI, MATT-
   ERA, MAY, MYRIE, OBERACKER, ORTT, PALUMBO, RAMOS, RATH,  REICHLIN-MEL-
   NICK,  RITCHIE,  RIVERA, SAVINO, SERINO, TEDISCO, THOMAS -- 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 committee
 
 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  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] ORDERING SERVICES
 PURSUANT TO A PROFESSION ENUMERATED IN THIS TITLE, FOR  THE  PURPOSE  OF
 PROVIDING BEHAVIORAL HEALTH TREATMENT. FOR THE PURPOSES OF THIS SECTION,
 PRESCRIPTIONS  OR  ORDERS  FOR BEHAVIORAL HEALTH TREATMENT PROVIDED BY A
 LICENSED BEHAVIOR ANALYST SHALL BE LIMITED  TO  PROVIDING  TREATMENT  TO
 INDIVIDUALS  WITH  BEHAVIORAL HEALTH CONDITIONS THAT APPEAR IN THE DIAG-
 NOSTIC AND STATISTICAL MANUAL OF  MENTAL  DISORDERS,  PUBLISHED  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05851-05-1

 S. 1662--A                          2
 
 AMERICAN PSYCHIATRIC ASSOCIATION, OR AN EQUIVALENT CLASSIFICATION SYSTEM
 AS DETERMINED BY THE DEPARTMENT. IN ADDITION, LICENSED BEHAVIOR ANALYSTS
 PROVIDING SERVICES PURSUANT TO A PRESCRIPTION OR ORDER, AS AUTHORIZED BY
 THIS  SECTION,  SHALL  PROVIDE  A REPORT AT LEAST ANNUALLY REGARDING THE
 STATUS OF THE INDIVIDUAL SERVED TO THE LICENSED  PERSON  PRESCRIBING  OR
 ORDERING  SUCH SERVICE OR MORE FREQUENTLY, IF NEEDED, IN ORDER TO REPORT
 SIGNIFICANT CHANGES IN THE CONDITION OF THE INDIVIDUAL.
   § 2. This act shall take effect eighteen months after  it  shall  have
 become  a  law.  Effective  immediately,  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 on
 or before such effective date.

Co-Sponsors

view additional co-sponsors

S1662B (ACTIVE) - Details

See Assembly Version of this Bill:: A3523
Law Section:: Education Law
Laws Affected:: Amd §8802, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7632
2019-2020: S4967, A6389

S1662B (ACTIVE) - Summary

Relates to the practice of applied behavior analysis.

S1662B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1662B

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to applied behavior anal-
ysis

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make New York consistent with other
states that license behavior analysts.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Subdivision one of Section 8802 of the
education law to make the licensing of behavior analysts in New York
consistent with the licensing in other states by removing the
restriction that the treatment is only for persons with autism and
autism spectrum disorders. Additionally, prescriptions or orders for
behavioral health treatment provided by a licensed behavior analyst
shall be limited to providing treatment to individuals with behavioral

health conditions that appear in the Diagnostic and Statistical Manual
of Mental Disorders, published by the American Psychiatric Association,
or an equivalent classification system as determined by the department.
In addition, licensed behavior analysts providing services pursuant to a
prescription or order, as authorized by this section, shall provide a
report at least annually regarding the status of the individual served
to the licensed person prescribing or ordering such service or more
frequently, if needed, in order to report significant changes in the
condition of the individual.

Section two provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amended version of the bill provides that prescriptions or orders
for behavioral health treatment provided by a licensed behavior analyst
shall be limited to providing treatment to individuals with behavioral
health conditions that appear in the Diagnostic and Statistical Manual
of Mental Disorders, published by the American Psychiatric Association,
or an equivalent classification system as determined by the department.
In addition, licensed behavior analysts providing services pursuant to a
prescription or order, as authorized by this section, shall provide a
report at least annually regarding the status of the individual served
to the licensed person prescribing or ordering such service or more
frequently, if needed, in order to report significant changes in the
condition of the individual.

The amended version also has a new 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.

 
PRIOR LEGISLATIVE HISTORY:

A.7632 of 2017/2018
A.6398A/S4967A of 2019/2020

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. Effective immediately, the addition 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 on or before such effective
date

S1662B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1662--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  BIAGGI,  BOYLE, BRESLIN, BROOKS, BROUK,
   COONEY, GALLIVAN, GAUGHRAN,  GOUNARDES,  HARCKHAM,  HELMING,  HOYLMAN,
   JACKSON,  JORDAN,  KAMINSKY, KAPLAN, KENNEDY, MANNION, MARTUCCI, MATT-
   ERA, MAY, MYRIE, OBERACKER, ORTT, PALUMBO, RAMOS, RATH,  REICHLIN-MEL-
   NICK,  RITCHIE,  RIVERA, SAVINO, SERINO, TEDISCO, THOMAS -- 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 committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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].    FOR
 PURPOSES  OF THIS SECTION, PRESCRIPTIONS OR ORDERS FOR BEHAVIORAL HEALTH
 TREATMENT PROVIDED BY A LICENSED BEHAVIOR ANALYST SHALL  BE  LIMITED  TO
 PROVIDING  TREATMENT  TO  INDIVIDUALS  WITH BEHAVIORAL HEALTH CONDITIONS
 THAT APPEAR IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND STATISTICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05851-08-1

 S. 1662--B                          2
 
 MANUAL OF MENTAL DISORDERS, PUBLISHED BY THE AMERICAN PSYCHIATRIC  ASSO-
 CIATION,  OR  AN  EQUIVALENT  CLASSIFICATION SYSTEM AS DETERMINED BY THE
 DEPARTMENT. IN ADDITION, LICENSED BEHAVIOR ANALYSTS  PROVIDING  SERVICES
 PURSUANT  TO  A  PRESCRIPTION  OR  ORDER, AS AUTHORIZED BY THIS SECTION,
 SHALL PROVIDE A REPORT AT LEAST ANNUALLY REGARDING  THE  STATUS  OF  THE
 INDIVIDUAL  SERVED  TO  THE LICENSED PERSON PRESCRIBING OR ORDERING SUCH
 SERVICE OR MORE FREQUENTLY, IF NEEDED, IN ORDER  TO  REPORT  SIGNIFICANT
 CHANGES IN THE CONDITION OF THE INDIVIDUAL.
   §  2.  This  act shall take effect eighteen months after it shall have
 become a law. Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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The New York State Senate

senate Bill S1662B

Sponsored By

Archive: Last Bill Status Via A3523 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

May 18, 2021 - Higher Education committee Vote

Higher Education Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S1662 - Details

S1662 - Summary

S1662 - Sponsor Memo

S1662 - Bill Text download pdf

Co-Sponsors

S1662A - Details

S1662A - Summary

S1662A - Sponsor Memo

S1662A - Bill Text download pdf

Co-Sponsors

S1662B (ACTIVE) - Details

S1662B (ACTIVE) - Summary

S1662B (ACTIVE) - Sponsor Memo

S1662B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1662B

Share this bill

Sponsored By

Archive: Last Bill Status Via A3523 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

May 18, 2021 - Higher Education committee Vote

Higher Education Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S1662 - Details

S1662 - Summary

S1662 - Sponsor Memo

S1662 - Bill Text download pdf

Co-Sponsors

S1662A - Details

S1662A - Summary

S1662A - Sponsor Memo

S1662A - Bill Text download pdf

Co-Sponsors

S1662B (ACTIVE) - Details

S1662B (ACTIVE) - Summary

S1662B (ACTIVE) - Sponsor Memo

S1662B (ACTIVE) - Bill Text download pdf

Comments