New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A06963 Summary:

A06963 Actions:

A06963 Floor Votes:

A06963 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6963--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 26, 2013
                                       ___________
 
        Introduced  by  M. of A. MORELLE, ZEBROWSKI -- read once and referred to
          the Committee  on  Higher  Education  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on Codes -- reported and
          referred to the Committee on Ways and Means -- reported  and  referred

          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        AN  ACT  to  amend the education law, the limited liability company law,
          the partnership law and  the  social  services  law,  in  relation  to
          applied behavior analysis
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new article 167 to
     2  read as follows:
     3                                 ARTICLE 167
     4                          APPLIED BEHAVIOR ANALYSIS
     5  Section 8800. Introduction.
     6          8801. Definitions.
     7          8802. Definition of the practice of "applied behavior analysis".

     8          8803. The practice of and use of the  title  "licensed  behavior
     9                  analyst" or "certified behavior analyst assistant".
    10          8804. Requirements and procedures for professional licensure.
    11          8805. Special provisions.
    12          8806. Limited permits.
    13          8807. Exemptions.
    14          8808. State board for applied behavior analysis.
    15    § 8800. Introduction. This article applies to the profession and prac-
    16  tice of applied behavior analysis and to the use of the titles "licensed
    17  behavior analyst" and "certified behavior analyst assistant". The gener-
    18  al provisions for all professions contained in article one hundred thir-
    19  ty of this title apply to this article.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08806-18-3
        A. 6963--B                          2
 
     1    § 8801. Definitions. As used in this article, the following term shall
     2  have the following meaning:
     3    "Applied behavior analysis" or "ABA" means the design, implementation,
     4  and  evaluation of environmental modifications, using behavioral stimuli
     5  and consequences, to produce socially significant improvement  in  human
     6  behavior,  including  the  use  of  direct observation, measurement, and
     7  functional analysis of the relationship between environment  and  behav-
     8  ior.

     9    § 8802. Definition of the practice of "applied behavior analysis".  1.
    10  The  practice  of  applied  behavior  analysis  by  a "licensed behavior
    11  analyst" shall mean the design, implementation and evaluation  of  envi-
    12  ronmental  modifications,  using behavioral stimuli and consequences, to
    13  produce socially significant improvement in  human  behavior,  including
    14  the  use  of direct observation, measurement, and functional analysis of
    15  the relationship between environment and behavior, pursuant to a diagno-
    16  sis and prescription or order from a person who is licensed or otherwise
    17  authorized to  provide  such  diagnosis  and  prescription  or  ordering
    18  services  pursuant  to  a  profession  enumerated in this title, for the

    19  purpose of providing behavioral health treatment for persons with autism
    20  and autism spectrum disorders and related disorders.
    21    2. The practice of applied behavior analysis by a "certified  behavior
    22  analyst  assistant"  means  the  services  and  activities provided by a
    23  person certified in accordance with this article  who  works  under  the
    24  supervision  of  a  licensed  behavior  analyst  to perform such patient
    25  related applied behavior analysis tasks as are assigned by the supervis-
    26  ing licensed behavior analyst.   Supervision  of  a  certified  behavior
    27  analyst  assistant by a licensed behavior analyst shall be in accordance
    28  with regulations of the commissioner.    No  licensed  behavior  analyst

    29  shall supervise more than six certified behavior analyst assistants.
    30    3. The practice of applied behavior analysis shall not include diagno-
    31  sis  of  a  disorder  or  condition for which ABA may be appropriate, or
    32  prescribing or ordering ABA for a particular individual.
    33    4. Any individual whose license or authority to practice derives  from
    34  the provisions of this article shall be prohibited from:
    35    (a)  Prescribing  or administering drugs as defined in this chapter or
    36  as a treatment, therapy, or professional service in the practice of  his
    37  or her profession; or
    38    (b) Using invasive procedures as a treatment, therapy, or professional
    39  service  in the practice of his or her profession.  For purposes of this

    40  subdivision, "invasive procedure" means any  procedure  in  which  human
    41  tissue  is cut, altered, or otherwise infiltrated by mechanical or other
    42  means. Invasive procedure includes, but  is  not  limited  to,  surgery,
    43  lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive
    44  therapy.
    45    §  8803.  The  practice  of  and  use  of the title "licensed behavior
    46  analyst" or "certified behavior  analyst  assistant".    Only  a  person
    47  licensed,  certified or exempt under this article shall practice applied
    48  behavior analysis. Only a person licensed or certified under this  arti-
    49  cle  shall  use  the  titles  "licensed  behavior analyst" or "certified
    50  behavior analyst assistant."

    51    § 8804. Requirements and procedures for professional licensure.  1. To
    52  qualify for certification as a certified behavior analyst assistant,  an
    53  applicant shall fulfill the following requirements:
    54    (a) Application: file an application with the department;
    55    (b)  Education:  have received an education, including a bachelor's or
    56  higher degree from a program registered by the department or  determined
        A. 6963--B                          3
 
     1  by  the  department to be the substantial equivalent thereof, in accord-
     2  ance with the commissioner's regulations.
     3    (c)  Experience:  have  experience in the practice of applied behavior
     4  analysis satisfactory to the board and the department in accordance with

     5  the commissioner's regulations.
     6    (d) Examination: pass an examination acceptable to the board  and  the
     7  department in accordance with the commissioner's regulations.
     8    (e) Age: be at least twenty-one years of age;
     9    (f) Character: be of good moral character as determined by the depart-
    10  ment and submit an attestation of moral character; and
    11    (g) Fee: pay a fee of one hundred fifty dollars for an initial license
    12  and  a fee of seventy-five dollars for each triennial registration peri-
    13  od.
    14    2. To qualify for a license as a licensed behavior analyst, an  appli-
    15  cant shall fulfill the following requirements:
    16    (a) Application: file an application with the department;

    17    (b)  Education:  have  received  an education, including a master's or
    18  higher degree from a program registered by the department or  determined
    19  by  the department to be the substantial equivalent, thereof, in accord-
    20  ance with the commissioner's regulations.
    21    (c) Experience: have experience in the practice  of  applied  behavior
    22  analysis satisfactory to the board and the department in accordance with
    23  the commissioner's regulations.
    24    (d)  Examination:  pass an examination acceptable to the board and the
    25  department in accordance with the commissioner's regulations.
    26    (e) Age: be at least twenty-one years of age;
    27    (f) Character: be of good moral character as determined by the depart-

    28  ment and submit an attestation of moral character; and
    29    (g) Fee: pay a fee of two hundred dollars for an initial license and a
    30  fee of one hundred dollars for each triennial registration period.
    31    § 8805. Special provisions. An individual who meets  the  requirements
    32  for  a  license  or  certification  as  a licensed behavior analyst or a
    33  certified behavior analyst assistant, except for examination, experience
    34  and education, and who is certified or registered by a national certify-
    35  ing body having certification or registration  standards  acceptable  to
    36  the  commissioner,  may  be licensed or certified, without meeting addi-
    37  tional  requirements  as  to  examination,  experience  and   education,

    38  provided  that  such individual submits an application to the department
    39  within two years of the effective date of this section.
    40    § 8806. Limited permits.   The following requirements  for  a  limited
    41  permit  shall apply to all professions licensed or certified pursuant to
    42  this article:
    43    1. The department may issue a limited permit to an applicant who meets
    44  all qualifications for licensure, except the examination and/or  experi-
    45  ence requirements, in accordance with regulations promulgated therefor.
    46    2.  Limited permits shall be for one year; such limited permits may be
    47  renewed, at the discretion of the department, for one additional year.
    48    3. The fee for each limited permit  and  for  each  renewal  shall  be

    49  seventy dollars.
    50    4.  A  limited  permit holder shall practice only under supervision as
    51  determined in accordance with the commissioner's regulations.
    52    § 8807. Exemptions. 1. Nothing contained  in  this  article  shall  be
    53  construed  to  limit  the  scopes  of  practice  of any other profession
    54  licensed under this title.
    55    2. Nothing in this article shall be construed as prohibiting a  person
    56  from performing the duties of a licensed behavior analyst or a certified
        A. 6963--B                          4
 
     1  behavior  analyst  assistant,  in the course of such employment, if such
     2  person is employed:
     3    a. by a federal, state, county or municipal agency, or other political

     4  subdivision;
     5    b.  by  a  chartered elementary or secondary school or degree-granting
     6  institution;
     7    c. as a certified teacher or teaching assistant, other  than  a  pupil
     8  personnel  services  professional,  in an approved program as defined in
     9  paragraph b of subdivision one of section forty-four hundred ten of this
    10  chapter; or
    11    d. in a setting to the extent that the exemption  in  paragraph  d  of
    12  subdivision  six  of  section  forty-four  hundred  ten  of this chapter
    13  applies.
    14    3. Nothing in this article shall be construed as prohibiting a  certi-
    15  fied  teacher  or  teaching  assistant,  other  than  a  pupil personnel
    16  services professional, from performing the duties of a licensed behavior

    17  analyst or certified behavior analyst assistant, in the course  of  such
    18  employment  or  contractual  agreement,  if  such  person is employed or
    19  contracted with an agency  approved  by  the  department  of  health  to
    20  provide early intervention services or has an agreement with the depart-
    21  ment  of health to provide early intervention services pursuant to title
    22  two-A of article twenty-five of the public health law.
    23    4. Nothing in this article  shall  be  construed  as  prohibiting  the
    24  activities and services required of a student, intern, or resident in an
    25  educational program acceptable to the department pursuant to the commis-
    26  sioner's regulations, pursuing a course of study leading to a bachelor's

    27  or  higher degree in an educational program acceptable to the department
    28  pursuant to the commissioner's regulations in an institution approved by
    29  the department, provided that such activities and services constitute  a
    30  part  of his or her supervised course of study in an educational program
    31  acceptable to the department pursuant to the commissioner's regulations.
    32  Such person shall be designated by title which clearly indicates his  or
    33  her training status.
    34    §  8808.  State  board for applied behavior analysis. 1. A state board
    35  for applied behavior analysis shall be appointed by the board of regents
    36  upon the recommendation of the commissioner and shall assist on  matters
    37  of  licensing and professional conduct in accordance with section sixty-

    38  five hundred eight of this title. An executive secretary  of  the  board
    39  shall  be  appointed  by the board of regents upon the recommendation of
    40  the commissioner.
    41    2. The board shall consist of seven individuals, to be composed of the
    42  following:
    43    (a) Three licensed behavior analysts;
    44    (b) One certified behavior analyst assistant;
    45    (c) One licensed psychologist, who may currently  prescribe  treatment
    46  involving applied behavior analysis in his or her professional practice;
    47  and
    48    (d)  Two public representatives, as defined in paragraph b of subdivi-
    49  sion one of section sixty-five hundred eight of this title.
    50    § 2. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section

    51  6503-a  of  the  education  law,  as added by chapter 130 of the laws of
    52  2010, is amended to read as follows:
    53    (i) services provided under article one hundred fifty-four  [or],  one
    54  hundred  sixty-three  or one hundred sixty-seven of this title for which
    55  licensure would be required, or
        A. 6963--B                          5
 
     1    § 3. Subdivision 4 of section 7605 of the education law, as amended by
     2  chapter 210 of the laws of 2004, is amended to read as follows:
     3    4.  The  practice,  conduct,  activities,  or  services  by any person
     4  licensed or otherwise authorized to practice  nursing  as  a  registered
     5  professional  nurse  or  nurse practitioner within the state pursuant to
     6  article one hundred thirty-nine of this title or by any person  licensed

     7  or  otherwise authorized to practice social work within the state pursu-
     8  ant to article one hundred fifty-four of this title, or  by  any  person
     9  licensed  or  otherwise authorized to practice mental health counseling,
    10  marriage and family therapy, creative arts  therapy,  or  psychoanalysis
    11  within  the  state  pursuant  to article one hundred sixty-three of this
    12  title, or any  person  licensed  or  otherwise  authorized  to  practice
    13  applied  behavior  analysis  within  the  state  pursuant to article one
    14  hundred sixty-seven of this title or any individual who is  credentialed
    15  under  any  law,  including attorneys, rape crisis counselors, certified
    16  alcoholism counselors, and certified  substance  abuse  counselors  from
    17  providing  mental  health  services  within their respective established
    18  authorities.

    19    § 4. Subdivision 1 of section 7706 of the education law, as amended by
    20  chapter 230 of the laws of 2004, is amended to read as follows:
    21    1. Apply to the practice, conduct, activities, services or use of  any
    22  title  by  any person licensed or otherwise authorized to practice medi-
    23  cine within the state pursuant to article one hundred thirty-one of this
    24  title or by any person registered to perform  services  as  a  physician
    25  assistant  within the state pursuant to article one hundred thirty-one-B
    26  of this title or by any person licensed or otherwise authorized to prac-
    27  tice psychology within  this  state  pursuant  to  article  one  hundred
    28  fifty-three of this title or by any person licensed or otherwise author-
    29  ized  to  practice  nursing  as a registered professional nurse or nurse
    30  practitioner within this state pursuant to article one  hundred  thirty-

    31  nine  of this title or by any person licensed or otherwise authorized to
    32  practice occupational therapy within this state pursuant to article  one
    33  hundred  fifty-six  of this title or by any person licensed or otherwise
    34  authorized to practice mental health  counseling,  marriage  and  family
    35  therapy,  creative  arts  therapy,  or  psychoanalysis  within the state
    36  pursuant to article one hundred sixty-three of  this  title  or  by  any
    37  person  licensed  or  otherwise  authorized to practice applied behavior
    38  analysis within the state pursuant to article one hundred sixty-seven of
    39  this title; provided, however, that no physician,  physician  assistant,
    40  registered professional nurse, nurse practitioner, psychologist, occupa-
    41  tional  therapist,  licensed  mental health counselor, licensed marriage

    42  and family therapist, licensed creative arts  therapist,  [or]  licensed
    43  psychoanalyst,  licensed  behavior analyst or certified behavior analyst
    44  assistant may use  the  titles  "licensed  clinical  social  worker"  or
    45  "licensed master social worker", unless licensed under this article.
    46    § 5. Subdivision 1 of section 8410 of the education law, as amended by
    47  chapter 210 of the laws of 2004, is amended to read as follows:
    48    1.  Apply to the practice, conduct, activities, services or use of any
    49  title by any person licensed or otherwise authorized to  practice  medi-
    50  cine within the state pursuant to article one hundred thirty-one of this
    51  title  or  by  any  person registered to perform services as a physician
    52  assistant within the state pursuant to article one hundred  thirty-one-B

    53  of this title or by any person licensed or otherwise authorized to prac-
    54  tice  psychology  within  this  state  pursuant  to  article one hundred
    55  fifty-three of this title or by any person licensed or otherwise author-
    56  ized to practice social work within this state pursuant to  article  one
        A. 6963--B                          6
 
     1  hundred fifty-four of this title, or by any person licensed or otherwise
     2  authorized  to  practice  nursing  as a registered professional nurse or
     3  nurse practitioner within this state pursuant  to  article  one  hundred
     4  thirty-nine of this title or by any person licensed or otherwise author-
     5  ized  to practice applied behavior analysis within the state pursuant to
     6  article one hundred sixty-seven of this title; provided,  however,  that

     7  no  physician,  physician's  assistant,  registered  professional nurse,
     8  nurse practitioner, psychologist, licensed master  social  worker,  [or]
     9  licensed  clinical social worker, licensed behavior analyst or certified
    10  behavior analyst assistant may use the titles  "licensed  mental  health
    11  counselor", "licensed marriage and family therapist", "licensed creative
    12  arts therapist", or "licensed psychoanalyst", unless licensed under this
    13  article.
    14    §  6. Subdivision (a) of section 1203 of the limited liability company
    15  law, as separately amended by chapters 420 and 676 of the laws of  2002,
    16  is amended to read as follows:
    17    (a)  Notwithstanding  the education law or any other provision of law,
    18  one or more professionals each of whom is authorized by law to render  a
    19  professional  service within the state, or one or more professionals, at

    20  least one of whom is authorized by law to render a professional  service
    21  within  the  state,  may  form,  or  cause  to be formed, a professional
    22  service limited liability company for pecuniary profit under this  arti-
    23  cle for the purpose of rendering the professional service or services as
    24  such professionals are authorized to practice. With respect to a profes-
    25  sional  service  limited  liability  company  formed  to provide medical
    26  services as such services are defined in article 131  of  the  education
    27  law,  each  member  of  such  limited liability company must be licensed
    28  pursuant to article 131 of the education law  to  practice  medicine  in
    29  this  state.  With  respect  to a professional service limited liability
    30  company formed to provide dental services as such services  are  defined
    31  in article 133 of the education law, each member of such limited liabil-

    32  ity  company  must  be licensed pursuant to article 133 of the education
    33  law to practice dentistry in this state. With respect to a  professional
    34  service  limited liability company formed to provide veterinary services
    35  as such services are defined in article 135 of the education  law,  each
    36  member  of  such  limited liability company must be licensed pursuant to
    37  article 135 of the education law to practice veterinary medicine in this
    38  state. With respect to a professional service limited liability  company
    39  formed  to  provide  professional engineering, land surveying, architec-
    40  tural and/or landscape  architectural  services  as  such  services  are
    41  defined  in  article  145,  article 147 and article 148 of the education
    42  law, each member of such limited  liability  company  must  be  licensed
    43  pursuant to article 145, article 147 and/or article 148 of the education

    44  law  to  practice  one  or  more of such professions in this state. With
    45  respect to a professional service limited liability  company  formed  to
    46  provide  licensed  clinical  social  work  services as such services are
    47  defined in article 154 of the education law, each member of such limited
    48  liability company shall be licensed  pursuant  to  article  154  of  the
    49  education  law  to practice licensed clinical social work in this state.
    50  With respect to a professional service limited liability company  formed
    51  to  provide  creative arts therapy services as such services are defined
    52  in article 163 of the education law, each member of such limited liabil-
    53  ity company must be licensed pursuant to article 163  of  the  education
    54  law  to  practice creative arts therapy in this state. With respect to a
    55  professional  service  limited  liability  company  formed  to   provide

    56  marriage  and  family  therapy  services as such services are defined in
        A. 6963--B                          7
 
     1  article 163 of the education law, each member of such limited  liability
     2  company must be licensed pursuant to article 163 of the education law to
     3  practice  marriage  and  family therapy in this state. With respect to a
     4  professional  service limited liability company formed to provide mental
     5  health counseling services as such services are defined in  article  163
     6  of the education law, each member of such limited liability company must
     7  be  licensed  pursuant  to  article 163 of the education law to practice
     8  mental health counseling in this state. With respect to  a  professional
     9  service  limited  liability  company  formed  to  provide psychoanalysis
    10  services as such services are defined in article 163  of  the  education

    11  law,  each  member  of  such  limited liability company must be licensed
    12  pursuant to article 163 of the education law to practice  psychoanalysis
    13  in this state.  With respect to a professional service limited liability
    14  company  formed  to  provide  applied behavior analysis services as such
    15  services are defined in article 167 of the education law, each member of
    16  such limited liability company must be licensed or certified pursuant to
    17  article 167 of the education law to practice applied  behavior  analysis
    18  in   this   state.  In  addition  to  engaging  in  such  profession  or
    19  professions, a professional service limited liability company may engage
    20  in any other business or activities as  to  which  a  limited  liability
    21  company  may  be  formed  under section two hundred one of this chapter.

    22  Notwithstanding any other provision  of  this  section,  a  professional
    23  service  limited  liability  company  (i) authorized to practice law may
    24  only engage in another profession or  business  or  activities  or  (ii)
    25  which  is  engaged in a profession or other business or activities other
    26  than law may only engage in the practice  of  law,  to  the  extent  not
    27  prohibited  by  any  other  law of this state or any rule adopted by the
    28  appropriate appellate division of the supreme  court  or  the  court  of
    29  appeals.
    30    §  7. Subdivision (b) of section 1207 of the limited liability company
    31  law, as separately amended by chapters 420 and 676 of the laws of  2002,
    32  is amended to read as follows:
    33    (b)  With  respect to a professional service limited liability company
    34  formed to provide medical services as such services are defined in arti-

    35  cle 131 of the education law, each  member  of  such  limited  liability
    36  company must be licensed pursuant to article 131 of the education law to
    37  practice  medicine in this state. With respect to a professional service
    38  limited liability company formed to  provide  dental  services  as  such
    39  services are defined in article 133 of the education law, each member of
    40  such  limited liability company must be licensed pursuant to article 133
    41  of the education law to practice dentistry in this state.  With  respect
    42  to  a  professional  service limited liability company formed to provide
    43  veterinary services as such services are defined in article 135  of  the
    44  education  law,  each  member  of such limited liability company must be
    45  licensed pursuant to article 135 of the education law to practice veter-
    46  inary medicine in this state. With respect  to  a  professional  service

    47  limited  liability  company  formed to provide professional engineering,
    48  land surveying, architectural and/or landscape architectural services as
    49  such services are defined in article 145, article 147 and article 148 of
    50  the education law, each member of such limited liability company must be
    51  licensed pursuant to article 145, article 147 and/or article 148 of  the
    52  education law to practice one or more of such professions in this state.
    53  With  respect to a professional service limited liability company formed
    54  to provide licensed clinical social work services as such  services  are
    55  defined in article 154 of the education law, each member of such limited
    56  liability  company  shall  be  licensed  pursuant  to article 154 of the
        A. 6963--B                          8
 
     1  education law to practice licensed clinical social work in  this  state.

     2  With  respect to a professional service limited liability company formed
     3  to provide creative arts therapy services as such services  are  defined
     4  in article 163 of the education law, each member of such limited liabil-
     5  ity  company  must  be licensed pursuant to article 163 of the education
     6  law to practice creative arts therapy in this state. With respect  to  a
     7  professional   service  limited  liability  company  formed  to  provide
     8  marriage and family therapy services as such  services  are  defined  in
     9  article  163 of the education law, each member of such limited liability
    10  company must be licensed pursuant to article 163 of the education law to
    11  practice marriage and family therapy in this state. With  respect  to  a
    12  professional  service limited liability company formed to provide mental
    13  health counseling services as such services are defined in  article  163

    14  of the education law, each member of such limited liability company must
    15  be  licensed  pursuant  to  article 163 of the education law to practice
    16  mental health counseling in this state. With respect to  a  professional
    17  service  limited  liability  company  formed  to  provide psychoanalysis
    18  services as such services are defined in article 163  of  the  education
    19  law,  each  member  of  such  limited liability company must be licensed
    20  pursuant to article 163 of the education law to practice  psychoanalysis
    21  in this state.  With respect to a professional service limited liability
    22  company  formed  to  provide  applied behavior analysis services as such
    23  services are defined in article 167 of the education law, each member of
    24  such limited liability company must be licensed or certified pursuant to

    25  article 167 of the education law to practice applied  behavior  analysis
    26  in this state.
    27    §  8. Subdivision (a) of section 1301 of the limited liability company
    28  law, as separately amended by chapters 420 and 676 of the laws of  2002,
    29  is amended to read as follows:
    30    (a)  "Foreign  professional service limited liability company" means a
    31  professional service limited liability company, whether or  not  denomi-
    32  nated  as  such,  organized  under the laws of a jurisdiction other than
    33  this state, (i) each of whose members and managers, if any, is a profes-
    34  sional authorized by law to render a professional  service  within  this
    35  state  and who is or has been engaged in the practice of such profession
    36  in such professional service limited liability company or a  predecessor
    37  entity, or will engage in the practice of such profession in the profes-

    38  sional  service limited liability company within thirty days of the date
    39  such professional becomes a member, or each of whose members and  manag-
    40  ers,  if  any, is a professional at least one of such members is author-
    41  ized by law to render a professional service within this state  and  who
    42  is  or  has  been  engaged  in  the  practice of such profession in such
    43  professional service limited liability company or a predecessor  entity,
    44  or  will  engage  in the practice of such profession in the professional
    45  service limited liability company within thirty days of  the  date  such
    46  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    47  license, certificate, registration or permit  issued  by  the  licensing
    48  authority  pursuant  to,  the  education  law  to  render a professional
    49  service within this state; except that all members and managers, if any,

    50  of  a  foreign  professional  service  limited  liability  company  that
    51  provides  health services in this state shall be licensed in this state.
    52  With respect to a foreign professional service limited liability company
    53  which provides veterinary services as such services are defined in arti-
    54  cle 135 of the education law, each member of such  foreign  professional
    55  service  limited liability company shall be licensed pursuant to article
    56  135 of the education law to practice veterinary medicine.  With  respect
        A. 6963--B                          9
 
     1  to  a  foreign  professional  service  limited  liability  company which
     2  provides medical services as such services are defined in article 131 of
     3  the education law, each member  of  such  foreign  professional  service
     4  limited  liability  company  must be licensed pursuant to article 131 of

     5  the education law to practice medicine in this state.  With respect to a
     6  foreign professional service limited liability  company  which  provides
     7  dental  services  as  such  services  are  defined in article 133 of the
     8  education law, each member of such foreign professional service  limited
     9  liability company must be licensed pursuant to article 133 of the educa-
    10  tion  law to practice dentistry in this state. With respect to a foreign
    11  professional service limited liability company  which  provides  profes-
    12  sional  engineering,  land  surveying,  architectural  and/or  landscape
    13  architectural services as such services  are  defined  in  article  145,
    14  article  147  and  article 148 of the education law, each member of such
    15  foreign professional service limited liability company must be  licensed
    16  pursuant to article 145, article 147 and/or article 148 of the education

    17  law  to  practice  one  or  more of such professions in this state. With
    18  respect to a foreign  professional  service  limited  liability  company
    19  which  provides  licensed clinical social work services as such services
    20  are defined in article 154 of the education law,  each  member  of  such
    21  foreign professional service limited liability company shall be licensed
    22  pursuant to article 154 of the education law to practice clinical social
    23  work  in  this  state.  With  respect  to a foreign professional service
    24  limited liability company which provides creative arts therapy  services
    25  as  such  services are defined in article 163 of the education law, each
    26  member of such foreign professional service  limited  liability  company
    27  must  be  licensed pursuant to article 163 of the education law to prac-
    28  tice creative arts therapy in this state.  With  respect  to  a  foreign

    29  professional  service  limited liability company which provides marriage
    30  and family therapy services as such services are defined in article  163
    31  of  the  education law, each member of such foreign professional service
    32  limited liability company must be licensed pursuant to  article  163  of
    33  the education law to practice marriage and family therapy in this state.
    34  With respect to a foreign professional service limited liability company
    35  which  provides  mental  health counseling services as such services are
    36  defined in article 163 of the education law, each member of such foreign
    37  professional service limited liability company must be licensed pursuant
    38  to article 163 of the education law to practice mental health counseling
    39  in this state. With respect to a foreign  professional  service  limited
    40  liability   company  which  provides  psychoanalysis  services  as  such

    41  services are defined in article 163 of the education law, each member of
    42  such foreign professional service  limited  liability  company  must  be
    43  licensed  pursuant  to  article  163  of  the  education law to practice
    44  psychoanalysis in this state.  With respect to  a  foreign  professional
    45  service limited liability company which provides applied behavior analy-
    46  sis  services  as such services are defined in article 167 of the educa-
    47  tion law, each member  of  such  foreign  professional  service  limited
    48  liability  company must be licensed or certified pursuant to article 167
    49  of the education law to  practice  applied  behavior  analysis  in  this
    50  state.
    51    §  9.  Subdivision  (q) of section 121-1500 of the partnership law, as

    52  separately amended by chapters 420 and 676  of  the  laws  of  2002,  is
    53  amended to read as follows:
    54    (q)  Each partner of a registered limited liability partnership formed
    55  to provide medical services in this state must be licensed  pursuant  to
    56  article  131 of the education law to practice medicine in this state and
        A. 6963--B                         10
 
     1  each partner of a registered limited  liability  partnership  formed  to
     2  provide dental services in this state must be licensed pursuant to arti-
     3  cle  133 of the education law to practice dentistry in this state.  Each
     4  partner  of a registered limited liability partnership formed to provide
     5  veterinary services in this state must be licensed pursuant  to  article
     6  135  of the education law to practice veterinary medicine in this state.

     7  Each partner of a registered limited  liability  partnership  formed  to
     8  provide  professional  engineering, land surveying, architectural and/or
     9  landscape architectural services in this state must be licensed pursuant
    10  to article 145, article 147 and/or article 148 of the education  law  to
    11  practice  one or more of such professions in this state. Each partner of
    12  a registered limited liability partnership formed  to  provide  licensed
    13  clinical social work services in this state must be licensed pursuant to
    14  article  154  of  the  education law to practice clinical social work in
    15  this state. Each partner of a registered limited  liability  partnership
    16  formed  to  provide creative arts therapy services in this state must be
    17  licensed pursuant to article 163 of the education law to practice  crea-
    18  tive  arts  therapy  in this state. Each partner of a registered limited

    19  liability partnership formed to  provide  marriage  and  family  therapy
    20  services  in  this state must be licensed pursuant to article 163 of the
    21  education law to practice marriage and family  therapy  in  this  state.
    22  Each  partner  of  a  registered limited liability partnership formed to
    23  provide mental health counseling services in this state must be licensed
    24  pursuant to article 163 of the education law to practice  mental  health
    25  counseling in this state. Each partner of a registered limited liability
    26  partnership formed to provide psychoanalysis services in this state must
    27  be  licensed  pursuant  to  article 163 of the education law to practice
    28  psychoanalysis in this state.   Each partner  of  a  registered  limited
    29  liability  partnership  formed  to  provide  applied  behavior  analysis

    30  service in this state must be licensed or certified pursuant to  article
    31  167  of  the education law to practice applied behavior analysis in this
    32  state.
    33    § 10. Subdivision (q) of section 121-1502 of the partnership  law,  as
    34  amended  by  chapter  230  of  the  laws  of 2004, is amended to read as
    35  follows:
    36    (q) Each partner of a  foreign  limited  liability  partnership  which
    37  provides  medical  services  in  this state must be licensed pursuant to
    38  article 131 of the education law to practice medicine in the  state  and
    39  each  partner  of a foreign limited liability partnership which provides
    40  dental services in the state must be licensed pursuant to article 133 of
    41  the education law to practice dentistry in this state. Each partner of a
    42  foreign limited liability partnership which provides veterinary  service

    43  in  the state shall be licensed pursuant to article 135 of the education
    44  law to practice veterinary medicine in this state.  Each  partner  of  a
    45  foreign  limited liability partnership which provides professional engi-
    46  neering, land surveying, architectural  and/or  landscape  architectural
    47  services in this state must be licensed pursuant to article 145, article
    48  147  and/or  article 148 of the education law to practice one or more of
    49  such professions. Each partner of a foreign limited  liability  partner-
    50  ship which provides licensed clinical social work services in this state
    51  must  be  licensed pursuant to article 154 of the education law to prac-
    52  tice licensed clinical social work in this  state.  Each  partner  of  a
    53  foreign limited liability partnership which provides creative arts ther-
    54  apy  services  in this state must be licensed pursuant to article 163 of

    55  the education law to practice creative arts therapy in this state.  Each
    56  partner  of  a  foreign  limited  liability  partnership  which provides
        A. 6963--B                         11
 
     1  marriage and family therapy services in  this  state  must  be  licensed
     2  pursuant  to  article  163 of the education law to practice marriage and
     3  family therapy in this state. Each partner of a foreign limited  liabil-
     4  ity partnership which provides mental health counseling services in this
     5  state  must  be licensed pursuant to article 163 of the education law to
     6  practice mental health counseling in  this  state.  Each  partner  of  a
     7  foreign  limited  liability  partnership  which  provides psychoanalysis
     8  services in this state must be licensed pursuant to article 163  of  the
     9  education law to practice psychoanalysis in this state.  Each partner of

    10  a  foreign limited liability partnership which provides applied behavior
    11  analysis services in this state must be licensed or  certified  pursuant
    12  to  article 167 of the education law to practice applied behavior analy-
    13  sis in this state.
    14    § 11. Paragraph a of subdivision 3 of section 6507  of  the  education
    15  law,  as  amended by chapter 356 of the laws of 2006, is amended to read
    16  as follows:
    17    a. Establish standards for preprofessional and professional education,
    18  experience and licensing examinations as required to implement the arti-
    19  cle for each profession. Notwithstanding any other provision of law, the
    20  commissioner shall establish standards requiring that all persons apply-
    21  ing, on or after January first, nineteen hundred ninety-one,  initially,
    22  or for the renewal of, a license, registration or limited permit to be a

    23  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
    24  trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
    25  licensed  clinical  social  worker,  licensed  creative  arts therapist,
    26  licensed marriage and family therapist, licensed mental  health  counse-
    27  lor,  licensed  psychoanalyst,  [or] dental hygienist, licensed behavior
    28  analyst, or certified behavior analyst assistant shall, in  addition  to
    29  all  the  other  licensure,  certification  or permit requirements, have
    30  completed two hours of coursework or training regarding the  identifica-
    31  tion  and  reporting  of child abuse and maltreatment. The coursework or
    32  training shall be obtained from an institution  or  provider  which  has
    33  been  approved by the department to provide such coursework or training.

    34  The coursework or training shall include information regarding the phys-
    35  ical and behavioral indicators of child abuse and maltreatment  and  the
    36  statutory  reporting requirements set out in sections four hundred thir-
    37  teen through four hundred twenty of the social services  law,  including
    38  but  not  limited  to,  when  and  how a report must be made, what other
    39  actions the reporter is  mandated  or  authorized  to  take,  the  legal
    40  protections  afforded  reporters,  and  the  consequences for failing to
    41  report. Such coursework or training may also include information regard-
    42  ing the physical and behavioral indicators of the abuse  of  individuals
    43  with  mental retardation and other developmental disabilities and volun-
    44  tary reporting of abused or neglected adults to  the  office  of  mental
    45  retardation and developmental disabilities or the local adult protective

    46  services unit. Each applicant shall provide the department with documen-
    47  tation  showing  that he or she has completed the required training. The
    48  department shall provide an exemption from the child abuse and maltreat-
    49  ment training  requirements  to  any  applicant  who  requests  such  an
    50  exemption  and  who  shows, to the department's satisfaction, that there
    51  would be no need because of the nature of his or her practice for him or
    52  her to complete such training;
    53    § 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    54  services  law,  as  amended by section 3 of part D of chapter 501 of the
    55  laws of 2012, is amended to read as follows:
        A. 6963--B                         12
 
     1    (a) The following persons and officials  are  required  to  report  or
     2  cause  a  report to be made in accordance with this title when they have

     3  reasonable cause to suspect that a child coming  before  them  in  their
     4  professional  or  official capacity is an abused or maltreated child, or
     5  when  they have reasonable cause to suspect that a child is an abused or
     6  maltreated child where the parent, guardian, custodian or  other  person
     7  legally  responsible  for  such child comes before them in their profes-
     8  sional or official capacity and states from  personal  knowledge  facts,
     9  conditions or circumstances which, if correct, would render the child an
    10  abused  or maltreated child: any physician; registered physician assist-
    11  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    12  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    13  psychologist; registered nurse; social worker; emergency medical techni-
    14  cian; licensed creative arts therapist;  licensed  marriage  and  family

    15  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
    16  licensed behavior analyst; certified behavior analyst assistant;  hospi-
    17  tal  personnel  engaged in the admission, examination, care or treatment
    18  of persons; a Christian Science  practitioner;  school  official,  which
    19  includes  but  is not limited to school teacher, school guidance counse-
    20  lor, school psychologist, school social  worker,  school  nurse,  school
    21  administrator  or  other school personnel required to hold a teaching or
    22  administrative license or certificate; social services worker;  director
    23  of  a children's overnight camp, summer day camp or traveling summer day
    24  camp, as such camps are defined in section thirteen  hundred  ninety-two
    25  of  the public health law; day care center worker; school-age child care
    26  worker; provider of family or group family day care; or any other  child

    27  care  or foster care worker; mental health professional; substance abuse
    28  counselor; alcoholism counselor; all persons credentialed by the  office
    29  of  alcoholism and substance abuse services; peace officer; police offi-
    30  cer; district attorney  or  assistant  district  attorney;  investigator
    31  employed  in the office of a district attorney; or other law enforcement
    32  official.
    33    § 13. a. Nothing in this act  shall  be  construed  as  prohibiting  a
    34  person  from  performing  the duties of a licensed behavior analyst or a
    35  certified behavior analyst assistant, in the course of such  employment,
    36  if such person is employed by programs licensed, certified, operated, or
    37  funded  and  regulated by the office for people with developmental disa-
    38  bilities or the office of mental health; provided,  however,  that  this
    39  section  shall not authorize the use of any title authorized pursuant to

    40  article 167 of the education law; and provided  further,  however,  that
    41  this section shall be deemed repealed on July 1, 2018.
    42    b. On or before September 1, 2016, the office for people with develop-
    43  mental  disabilities  and  the  office of mental health as identified in
    44  subdivision a of this section  that  licenses,  certifies,  operates  or
    45  funds and regulates programs that employ individuals to provide services
    46  that would otherwise be restricted to individuals licensed or authorized
    47  under article 167 of the education law, shall submit to the commissioner
    48  of education, in such form and detail as requested by such commissioner,
    49  data  in  relation  to:  the  number  of  individuals employed in exempt
    50  programs licensed, certified, operated, or funded and regulated  by  the
    51  office  for  people  with developmental disabilities on July 1, 2016 who

    52  are providing services that  would  otherwise  be  restricted  to  those
    53  licensed  or  authorized under article 167 of the education law; and the
    54  occupational title of individuals who on July 1, 2016 are  not  licensed
    55  or  otherwise authorized under title 8 of the education law, and who are
    56  engaged in the practice of applied behavior analysis for the purpose  of
        A. 6963--B                         13
 
     1  providing behavioral health treatment for persons with autism and autism
     2  spectrum disorders and related disorders.
     3    c.  The  commissioner  of education, after receipt of this data and in
     4  consultation with the office for people with developmental  disabilities
     5  and  the office of mental health, not-for-profit providers, professional
     6  associations, consumers and other  key  stakeholders,  shall  prepare  a

     7  report  that recommends changes in any laws, rules or regulations neces-
     8  sary to ensure appropriate licensure or other authorization of  individ-
     9  uals  providing  services  that  are  within  the restricted practice of
    10  professions licensed or otherwise authorized under article  167  of  the
    11  education law. The report shall include an estimate of the fiscal impact
    12  of any such recommended changes and, to the extent practicable, how such
    13  recommendations  will  result in improved outcomes.  The commissioner of
    14  education shall submit the report to the governor, the  speaker  of  the
    15  assembly,  the  temporary president of the senate, and the chairs of the
    16  senate and assembly higher education committees by January 1, 2017.  The
    17  commissioners  of  the  agencies  identified  in  subdivision  a of this
    18  section shall be provided an opportunity to include statements or alter-

    19  native recommendations in such report.
    20    § 14. If any section of article 167 of the education law, as added  by
    21  section one of this act, or part thereof, shall be adjudged by any court
    22  of competent jurisdiction to be invalid, such judgment shall not affect,
    23  impair or invalidate the remainder of any other section or part thereof.
    24    §  15.  The provisions of sections eleven and twelve of this act shall
    25  not apply to persons applying  for  licensure  or  certification  or  to
    26  persons  licensed or certified pursuant to section 8805 of the education
    27  law until such licensed or certified person re-registers  their  license
    28  or  certification  in  accordance  with the provisions of paragraph g of
    29  subdivisions 1 and 2 of section 8804 of the education law  as  added  by
    30  section one of this act.
    31    §  16.  This  act  shall take effect July 1, 2014:  provided, however,

    32  that if section 3 of part D of chapter 501 of the laws of 2012 is not in
    33  effect on such date, then the amendments to paragraph (a) of subdivision
    34  1 of section 413 of the social services law made by  section  twelve  of
    35  this  act  shall  take effect on the same date and in the same manner as
    36  such chapter of the laws of 2012, takes effect;  provided  further  that
    37  sections six, seven, eight, nine and ten of this act and section 8805 of
    38  the  education law as added by section one of this act shall take effect
    39  immediately; and provided further that effective immediately, the  addi-
    40  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    41  the implementation of this act on its effective date are authorized  and
    42  directed to be made and completed on or before such effective date.