Bill Text: NY A10454 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to requirements for licensure and certification of applied behavior analysts; clarifies for graduate students seeking to complete supervised experience and/or examination requirements for certification and their supervisors the proper process in which to follow to provide such services.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-06-03 - substituted by s9402 [A10454 Detail]

Download: New_York-2021-A10454-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10454

                   IN ASSEMBLY

                                      May 24, 2022
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Glick) --
          read once and referred to the Committee on Higher Education

        AN ACT to amend the education  law,  in  relation  to  requirements  for
          licensure and certification of applied behavior analysts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 8805 of the education law, as added by chapter  554
     2  of the laws of 2013, is amended to read as follows:
     3    §  8805.  Special provisions. An individual who meets the requirements
     4  for a license [or certification] as a licensed behavior analyst,  pursu-
     5  ant  to  subdivision  two  of  section eighty-eight hundred four of this
     6  article, or certification as a  certified  behavior  analyst  assistant,
     7  pursuant to subdivision one of section eighty-eight hundred four of this
     8  article,  except  for  examination, experience and education, and who is
     9  certified or registered by a national  certifying  body  having  certif-
    10  ication or registration standards acceptable to the commissioner, may be
    11  licensed  or  certified,  without  meeting additional requirements as to
    12  examination, experience and education,  provided  that  such  individual
    13  submits an application to the department [within two years of the effec-
    14  tive date of this section].
    15    §  2.  Section  8807  of  the education law is amended by adding a new
    16  subdivision 9 to read as follows:
    17    9. Nothing in this article  shall  be  construed  as  prohibiting  the
    18  activities and services required of a graduate of an educational program
    19  acceptable  to the department, seeking to complete supervised experience
    20  and/or examination requirements for certification or registration  by  a
    21  national  certifying body having certification or registration standards
    22  acceptable to the commissioner; provided,  however,  that  the  graduate
    23  shall  be  under  the  supervision of a licensed behavior analyst who is
    24  licensed and registered in New York and employed by a setting authorized
    25  to provide applied behavior analysis services in New York, acceptable to
    26  the department. The supervising licensed behavior analyst shall  submit,
    27  upon  commencing the supervision of any graduate or no later than ninety
    28  days after the effective date of this subdivision, on a form  prescribed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15900-03-2
        A. 10454                            2

     1  by  the  department,  a sworn statement attesting to compliance with the
     2  requirements of this subdivision.  Such use of a graduate shall  subject
     3  the  supervising  licensed behavior analyst to the full disciplinary and
     4  regulatory authority of the board of regents and the department pursuant
     5  to  this  title.  The supervising licensed behavior analyst shall notify
     6  the patient or the person legally responsible for  the  patient  if  the
     7  patient  is  a  minor, or other individual incapable of consenting, when
     8  services will be provided by a graduate under supervision. The supervis-
     9  ing licensed behavior analyst  shall  remain  responsible  for  services
    10  provided to the patient by the graduate and shall provide the patient or
    11  person  legally  responsible for the patient an opportunity to object to
    12  the use of a graduate to  provide  applied  behavior  analysis  services
    13  under supervision.
    14    § 3. This act shall take effect immediately.