Bill Text: NY A03523 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to the practice of applied behavior analysis.

Spectrum: Slight Partisan Bill (Democrat 29-13)

Status: (Passed) 2021-12-30 - signed chap.818 [A03523 Detail]

Download: New_York-2021-A03523-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3523--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2021
                                       ___________

        Introduced  by  M.  of  A.  PEOPLES-STOKES, SOLAGES, GUNTHER, M. MILLER,
          THIELE,  BYRNE,  SANTABARBARA,  ABINANTI,  WALSH,   GRIFFIN,   STIRPE,
          BARCLAY,  ZEBROWSKI,  SCHMITT, WALLACE, GOTTFRIED, DiPIETRO, JACOBSON,
          PICHARDO, DICKENS, COLTON, NIOU,  McMAHON,  PAULIN,  DINOWITZ,  CLARK,
          EICHENSTEIN,  LUNSFORD, WALCZYK, SIMON, BURDICK, ROZIC, RA, FRONTUS --
          Multi-Sponsored by -- M.   of A.  BRABENEC,  BRONSON,  HEVESI,  LALOR,
          MANKTELOW,  McDONOUGH  --  read  once and referred 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:

     1    Section 1. Subdivision 1 of section 8802  of  the  education  law,  as
     2  added by chapter 554 of the laws of 2013, is amended to read as follows:
     3    1.  The  practice of applied behavior analysis by a "licensed behavior
     4  analyst" shall mean the design, implementation and evaluation  of  envi-
     5  ronmental  modifications,  using behavioral stimuli and consequences, to
     6  produce socially significant improvement in  human  behavior,  including
     7  the  use  of direct observation, measurement, and functional analysis of
     8  the relationship between environment and behavior, pursuant to a diagno-
     9  sis and prescription or order from a person who is licensed or otherwise
    10  authorized to  provide  such  diagnosis  and  prescription  or  ordering
    11  services  pursuant  to  a  profession  enumerated in this title, for the
    12  purpose of providing  behavioral  health  treatment  [for  persons  with
    13  autism  and  autism  spectrum  disorders  and  related disorders].   For
    14  purposes of this section, prescriptions or orders for behavioral  health
    15  treatment  provided  by  a licensed behavior analyst shall be limited to
    16  providing treatment to individuals  with  behavioral  health  conditions
    17  that appear in the most recent edition of the diagnostic and statistical
    18  manual  of mental disorders, published by the American Psychiatric Asso-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05851-07-1
        A. 3523--A                          2

     1  ciation, or an equivalent classification system  as  determined  by  the
     2  department.  In  addition, licensed behavior analysts providing services
     3  pursuant to a prescription or order,  as  authorized  by  this  section,
     4  shall  provide  a  report  at least annually regarding the status of the
     5  individual served to the licensed person prescribing  or  ordering  such
     6  service  or  more  frequently, if needed, in order to report significant
     7  changes in the condition of the individual.
     8    § 2. This act shall take effect eighteen months after  it  shall  have
     9  become  a  law.  Effective  immediately,  the addition, amendment and/or
    10  repeal of any rule or regulation necessary  for  the  implementation  of
    11  this  act  on its effective date are authorized to be made and completed
    12  on or before such effective date.