BILL NUMBER: S8429

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to authorizing hold-
ers of certain operating certificates to employ or contract with applied
behavior analysts and mental health counselors

 
PURPOSE:

To amend the mental hygiene law, in relation to authorizing holders of
certain operating certificates to employ or contract with applied behav-
ior analysts and mental health counselors.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new subdivision (h) to section 16.03 of
the mental hygiene law, authorizing entities that possess an operating
certificate pursuant to Article 16 of the mental hygiene law to employ
or contract with individuals operating within their scope of practice
who are licensed or certified to practice applied behavioral analysis as
              

well as individuals licensed to provide mental health counseling.

Section two of the bill is the effective date.

 
JUSTIFICATION:

Licensed Behavior Analysts (LBAs) and Licensed Mental Health Counselors
(LMHCs) can only be employed in OPWDD settings under the titles of
Behavior Intervention Specialist (BIS) or Applied Behavioral Sciences
Specialist (ABSS). Under OPWDD regulations, LBAs and LMHCs are required
to receive review and approval of their work by a licensed psychologist,
licensed clinical social worker, or a licensed psychiatrist, even though
these professionals are separately licensed, have extensive training,
and have experience in their respective fields. This additional level of
review and approval is costly and contributes to delays in care. These
reviews provide no added benefit to the quality of the service being
delivered.These reviews also impose an unwarranted cost on OPWDD agen-
cies, as an additional licensed provider must be paid to review and
approve the work LBAs and LMHCs would do independently in any other
setting. The legislature has provided the professions with the ability
to practice independently within their scope of practice and there is no
rationale for this additional undue burden in OPWDD settings.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICIATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.