A08518 Summary:

BILL NO    A08518 

SAME AS    SAME AS S06395

SPONSOR    Morelle

COSPNSR    

MLTSPNSR   

Amd S488, Soc Serv L; amd S8807, Ed L; amd S13, Chap 554 of 2013

Provides for the regulation of the profession and practice of applied behavior
analysis.
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A08518 Actions:

BILL NO    A08518 

01/21/2014 referred to higher education
02/03/2014 reported referred to codes
02/04/2014 reported referred to rules
02/04/2014 reported 
02/04/2014 rules report cal.6
02/04/2014 ordered to third reading rules cal.6
02/04/2014 passed assembly
02/04/2014 delivered to senate
02/04/2014 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
03/06/2014 SUBSTITUTED FOR S6395
03/06/2014 3RD READING CAL.146
03/06/2014 PASSED SENATE
03/06/2014 RETURNED TO ASSEMBLY
03/10/2014 delivered to governor
03/17/2014 signed chap.8
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A08518 Text:

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

                                         8518

                                 I N  A S S E M B L Y

                                   January 21, 2014
                                      ___________

       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Higher Education

       AN ACT to amend the social services law, in relation to  the  definition
         of  human  services  professional;  to  amend  the  education  law, in
         relation to reporting on the number  of  individuals  engaged  in  the
         practice of applied behavior analysis; and to amend chapter 554 of the
         laws  of  2013  amending  the education law and other laws relating to
         applied behavior analysis, in relation to performing the duties  of  a
         licensed behavior analyst

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 5-a of section 488 of the social services  law,
    2  as  added  by section 1 of part B of chapter 501 of the laws of 2012, is
    3  amended to read as follows:
    4    5-a. "Human services professional" shall mean any:  physician;  regis-
    5  tered  physician assistant; surgeon; medical examiner; coroner; dentist;
    6  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
    7  resident;  intern;  psychologist;  registered  nurse; licensed practical
    8  nurse; nurse practitioner; social worker; emergency medical  technician;
    9  licensed  creative  arts  therapist; licensed marriage and family thera-
   10  pist; licensed mental health counselor; licensed psychoanalyst; LICENSED
   11  BEHAVIOR  ANALYST;  CERTIFIED  BEHAVIOR  ANALYST   ASSISTANT;   licensed
   12  speech/language pathologist or audiologist; licensed physical therapist;
   13  licensed  occupational  therapist;  hospital  personnel  engaged  in the
   14  admission, examination, care or treatment of persons; Christian  Science
   15  practitioner;  school  official,  which  includes  but is not limited to
   16  school teacher, school guidance counselor, school  psychologist,  school
   17  social  worker,  school  nurse,  school  administrator  or  other school
   18  personnel required to hold  a  teaching  or  administrative  license  or
   19  certificate; social services worker; any other child care or foster care
   20  worker; mental health professional; person credentialed by the office of
   21  alcoholism  and substance abuse services; peace officer; police officer;
   22  district attorney or assistant district attorney; investigator  employed
   23  in the office of a district attorney; or other law enforcement official.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08806-26-4
       A. 8518                             2

    1    S  2.  Section 8807 of the education law is amended by adding four new
    2  subdivisions 5, 6, 7 and 8 to read as follows:
    3    5.  NOTHING  IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT A
    4  PERSON WITHOUT A LICENSE OR OTHER AUTHORIZATION PURSUANT TO  THIS  TITLE
    5  FROM  PERFORMING  ASSESSMENTS,  INCLUDING  COLLECTING BASIC INFORMATION,
    6  GATHERING DEMOGRAPHIC DATA, AND MAKING INFORMAL  OBSERVATIONS,  FOR  THE
    7  PURPOSE  OF  DETERMINING  NEED  FOR  SERVICES  UNRELATED TO AN ABA PLAN.
    8  FURTHER, LICENSURE OR AUTHORIZATION PURSUANT TO THIS ARTICLE  SHALL  NOT
    9  BE  REQUIRED TO CREATE, DEVELOP OR IMPLEMENT A SERVICE PLAN UNRELATED TO
   10  AN ABA PLAN. THIS ARTICLE SHALL NOT APPLY TO  BEHAVIORAL  HEALTH  TREAT-
   11  MENTS  OTHER  THAN ABA THAT MAY BE PROVIDED TO PERSONS WITH AUTISM SPEC-
   12  TRUM DISORDER. A LICENSE UNDER THIS ARTICLE SHALL NOT  BE  REQUIRED  FOR
   13  PERSONS  TO  PARTICIPATE  AS  A  MEMBER  OF A MULTI-DISCIPLINARY TEAM TO
   14  IMPLEMENT AN ABA PLAN; PROVIDED, HOWEVER, THAT SUCH TEAM  SHALL  INCLUDE
   15  ONE  OR  MORE  PROFESSIONALS LICENSED UNDER THIS ARTICLE OR ARTICLES ONE
   16  HUNDRED THIRTY-ONE, ONE HUNDRED FIFTY-THREE, ONE HUNDRED  FIFTY-FOUR  OR
   17  ONE  HUNDRED  SIXTY-THREE OF THIS CHAPTER; AND PROVIDED FURTHER THAT THE
   18  ACTIVITIES PERFORMED BY MEMBERS OF THE TEAM SHALL BE CONSISTENT WITH THE
   19  SCOPE OF PRACTICE FOR EACH TEAM   MEMBER LICENSED  OR  AUTHORIZED  UNDER
   20  THIS  TITLE,  AND  THOSE WHO ARE NOT SO AUTHORIZED MAY NOT ENGAGE IN THE
   21  FOLLOWING RESTRICTED PRACTICES: CREATION, MODIFICATION OR TERMINATION OF
   22  AN ABA PLAN; DIAGNOSIS OF MENTAL, EMOTIONAL, BEHAVIORAL,  ADDICTIVE  AND
   23  DEVELOPMENTAL  DISORDERS AND DISABILITIES; PATIENT ASSESSMENT AND EVALU-
   24  ATING; PROVISION OF PSYCHOTHERAPEUTIC TREATMENT; PROVISION OF  TREATMENT
   25  OTHER  THAN PSYCHOTHERAPEUTIC TREATMENT; AND DEVELOPMENT AND IMPLEMENTA-
   26  TION OF ASSESSMENT-BASED TREATMENT PLANS, AS DEFINED IN  SECTION  SEVEN-
   27  TY-SEVEN  HUNDRED  ONE  OF  THIS  TITLE. PROVIDED FURTHER, HOWEVER, THAT
   28  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS REQUIRING A LICENSE OR
   29  AUTHORIZATION FOR ANY PARTICULAR ACTIVITY OR FUNCTION  BASED  SOLELY  ON
   30  THE  FACT  THAT  THE ACTIVITY OR FUNCTION IS NOT LISTED IN THIS SUBDIVI-
   31  SION. PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS SUBDIVISION  SHALL
   32  AUTHORIZE  THE  DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO
   33  IS NOT APPROPRIATELY LICENSED OR AUTHORIZED UNDER THIS TITLE.
   34    6. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING AN  EARLY
   35  INTERVENTION  ABA  AIDE,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY THE
   36  COMMISSIONER OF HEALTH, AND ACTING UNDER THE SUPERVISION  AND  DIRECTION
   37  OF A QUALIFIED SUPERVISOR WHO IS LICENSED OR OTHERWISE AUTHORIZED PURSU-
   38  ANT TO TITLE EIGHT OF THIS CHAPTER FROM:
   39    (A)  ASSISTING  THE SUPERVISOR AND QUALIFIED PERSONNEL WITH THE IMPLE-
   40  MENTATION OF INDIVIDUAL ABA PLANS;
   41    (B) ASSISTING IN THE RECORDING AND COLLECTION OF DATA NEEDED TO  MONI-
   42  TOR PROGRESS;
   43    (C) PARTICIPATING IN REQUIRED TEAM MEETINGS; AND
   44    (D) COMPLETING ANY OTHER ACTIVITIES AS DIRECTED BY HIS OR HER SUPERVI-
   45  SOR  AND  AS NECESSARY TO ASSIST IN THE IMPLEMENTATION OF INDIVIDUAL ABA
   46  PLANS.
   47    PROVIDED HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE THE
   48  DELEGATION OF RESTRICTED ACTIVITIES TO AN INDIVIDUAL WHO IS  NOT  APPRO-
   49  PRIATELY  LICENSED  OR  OTHERWISE  AUTHORIZED UNDER THIS TITLE; PROVIDED
   50  FURTHER HOWEVER, THAT IN REGARD TO THE EARLY INTERVENTION PROGRAM ESTAB-
   51  LISHED PURSUANT TO TITLE TWO-A OF  ARTICLE  TWENTY-FIVE  OF  THE  PUBLIC
   52  HEALTH  LAW,  AN  EARLY  INTERVENTION ABA AIDE UNDER THE SUPERVISION AND
   53  DIRECTION OF A QUALIFIED SUPERVISOR MAY COMPLETE ACTIVITIES NECESSARY TO
   54  ASSIST IN THE IMPLEMENTATION OF AN INDIVIDUAL ABA  PLAN,  PROVIDED  THAT
   55  SUCH ACTIVITIES DO NOT REQUIRE PROFESSIONAL SKILL OR JUDGMENT.
       A. 8518                             3

    1    7.  THIS  ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED BY
    2  ANY FAMILY MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMA-
    3  RILY IN A DOMESTIC CAPACITY WHO DOES NOT HOLD HIMSELF OR HERSELF OUT, OR
    4  ACCEPT EMPLOYMENT, AS A PERSON LICENSED  TO  PRACTICE  APPLIED  BEHAVIOR
    5  ANALYSIS  UNDER  THE  PROVISIONS OF THIS ARTICLE; PROVIDED THAT, IF SUCH
    6  PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR  HERSELF  OUT
    7  AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
    8    8.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING PROGRAMS
    9  CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  FROM
   10  PROVIDING  SUBSTANCE  USE  DISORDER SERVICES FOR PERSONS WITH AUTISM AND
   11  AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
   12    S 3. Section 13 of chapter 554 of  the  laws  of  2013,  amending  the
   13  education  law  and other laws relating to applied behavior analysis, is
   14  amended to read as follows:
   15    S 13. a. Nothing in this act  shall  be  construed  as  prohibiting  a
   16  person  [from  performing the duties of a licensed behavior analyst or a
   17  certified behavior analyst assistant, in the course of such  employment,
   18  if such person is] employed OR RETAINED by programs licensed, certified,
   19  operated, APPROVED, REGISTERED or funded and regulated by the office for
   20  people with developmental disabilities, THE OFFICE OF CHILDREN AND FAMI-
   21  LY  SERVICES,  or the office of mental health FROM PERFORMING THE DUTIES
   22  OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED BEHAVIOR ANALYST ASSISTANT
   23  IN THE COURSE OF SUCH EMPLOYMENT OR RETENTION; provided,  however,  that
   24  this  section shall not authorize the use of any title authorized pursu-
   25  ant to article 167 of the education law; and provided further,  however,
   26  that this section shall be deemed repealed on July 1, [2018] 2020.
   27    b. ON OR BEFORE SEPTEMBER 1, 2016, THE OFFICE FOR PEOPLE WITH DEVELOP-
   28  MENTAL DISABILITIES, THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE
   29  OFFICE  OF  MENTAL  HEALTH  SHALL  JOINTLY  SUBMIT  TO THE GOVERNOR, THE
   30  COMMISSIONER OF EDUCATION, THE SPEAKER OF THE  ASSEMBLY,  THE  TEMPORARY
   31  PRESIDENT OF THE SENATE, AND THE CHAIRS OF THE SENATE AND ASSEMBLY HIGH-
   32  ER  EDUCATION  COMMITTEES A REPORT ON THE NUMBER OF INDIVIDUALS EMPLOYED
   33  OR RETAINED IN EXEMPT PROGRAMS LICENSED, CERTIFIED, OPERATED,  APPROVED,
   34  REGISTERED, OR FUNDED AND REGULATED BY SUCH AGENCIES ON JULY 1, 2016 WHO
   35  ARE  PROVIDING  SERVICES  THAT  WOULD  OTHERWISE  BE RESTRICTED TO THOSE
   36  LICENSED OR AUTHORIZED UNDER ARTICLE 167 OF THE EDUCATION LAW;  AND  THE
   37  OCCUPATIONAL  TITLE  OF INDIVIDUALS WHO ON JULY 1, 2016 ARE NOT LICENSED
   38  OR OTHERWISE AUTHORIZED UNDER TITLE 8 OF THE EDUCATION LAW, AND WHO  ARE
   39  ENGAGED  IN THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS FOR THE PURPOSE OF
   40  PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH  AUTISM  SPECTRUM
   41  DISORDERS AND RELATED DISORDERS.
   42    C.  On  or before September 1, [2016] 2018, the office for people with
   43  developmental disabilities, THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
   44  and  the office of mental health [as identified in subdivision a of this
   45  section that  licenses,  certifies,  operates  or  funds  and  regulates
   46  programs  that  employ individuals to provide services that would other-
   47  wise be restricted to individuals licensed or authorized  under  article
   48  167  of  the  education law,] shall submit to the commissioner of educa-
   49  tion, in such form and detail as requested by such commissioner, data in
   50  relation to: the number of individuals employed OR  RETAINED  in  exempt
   51  programs  licensed,  certified, operated, APPROVED, REGISTERED or funded
   52  and regulated by [the office for people with developmental disabilities]
   53  SUCH AGENCIES on July 1, [2016] 2018 who  are  providing  services  that
   54  would  otherwise  be  restricted  to  those licensed or authorized under
   55  article 167 of the education law; and the occupational title of individ-
   56  uals who on July 1, [2016] 2018 are not licensed or otherwise authorized
       A. 8518                             4

    1  under title 8 of the education law, and who are engaged in the  practice
    2  of  applied  behavior  analysis  for the purpose of providing behavioral
    3  health treatment for persons with autism and autism  spectrum  disorders
    4  and related disorders.
    5    [c.]  D. The commissioner of education, after receipt of this data and
    6  in consultation with the office for people with developmental  disabili-
    7  ties,  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, and the office of
    8  mental  health,  not-for-profit  providers,  professional  associations,
    9  consumers and other key stakeholders, shall prepare a report that recom-
   10  mends  changes  in  any  laws,  rules or regulations necessary to ensure
   11  appropriate licensure or other authorization  of  individuals  providing
   12  services that are within the restricted practice of professions licensed
   13  or  otherwise  authorized  under  article  167 of the education law. The
   14  report shall include an estimate of the fiscal impact of any such recom-
   15  mended changes and, to the extent practicable, how such  recommendations
   16  will  result  in improved outcomes.  The commissioner of education shall
   17  submit the report to the governor, the  speaker  of  the  assembly,  the
   18  temporary  president  of  the  senate,  and the chairs of the senate and
   19  assembly higher education committees by  January  1,  [2017]  2019.  The
   20  commissioners  of  the  agencies  identified  in  subdivision  a of this
   21  section shall be provided an opportunity to include statements or alter-
   22  native recommendations in such report.
   23    S 4. This act shall take effect on the  same  date  and  in  the  same
   24  manner as chapter 554 of the laws of 2013, takes effect.
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