Bill Text: NY S07017 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for the licensure of behavior analysts.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-23 - REFERRED TO HIGHER EDUCATION [S07017 Detail]
Download: New_York-2011-S07017-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7017
I N S E N A T E
April 23, 2012
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to providing for the
licensure of behavior analysts
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 section 8405-a
2 to read as follows:
3 S 8405-A. BEHAVIOR ANALYST. 1. DEFINITION OF THE PRACTICE OF BEHAVIOR
4 ANALYSIS. THE PRACTICE OF THE PROFESSION OF BEHAVIOR ANALYSIS IS DEFINED
5 AS THE DESIGN, IMPLEMENTATION, AND EVALUATION OF INSTRUCTIONAL AND ENVI-
6 RONMENTAL MODIFICATIONS TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENTS IN
7 HUMAN BEHAVIOR. IT INCLUDES THE EMPIRICAL IDENTIFICATION OF FUNCTIONAL
8 RELATIONS BETWEEN BEHAVIOR AND ENVIRONMENTAL FACTORS, KNOWN AS FUNC-
9 TIONAL ASSESSMENT AND ANALYSIS. APPLIED BEHAVIOR ANALYSIS INTERVENTIONS
10 ARE BASED ON SCIENTIFIC RESEARCH AND THE DIRECT OBSERVATION AND MEASURE-
11 MENT OF BEHAVIOR AND ENVIRONMENT. THEY UTILIZE CONTEXTUAL FACTORS,
12 ESTABLISHING OPERATIONS, ANTECEDENT STIMULI, POSITIVE REINFORCEMENTS,
13 AND OTHER CONSEQUENCES TO HELP PEOPLE DEVELOP NEW BEHAVIORS, INCREASE OR
14 DECREASE EXISTING BEHAVIORS, AND EMIT BEHAVIORS UNDER SPECIFIC ENVIRON-
15 MENTAL CONDITIONS. THE PRACTICE OF BEHAVIOR ANALYSIS DOES NOT INCLUDE
16 PSYCHOLOGICAL TESTING, NEUROPSYCHOLOGY, PSYCHOTHERAPY, COGNITIVE THERA-
17 PY, SEX THERAPY, MARRIAGE COUNSELING, PSYCHOANALYSIS, HYPNOTHERAPY, AND
18 LONG-TERM COUNSELING AS TREATMENT MODALITIES.
19 2. PRACTICE OF BEHAVIOR ANALYSIS AND USE OF THE TITLE "LICENSED BEHAV-
20 IOR ANALYST". ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL
21 PRACTICE BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED UNDER THIS ARTICLE
22 SHALL USE THE TITLE "LICENSED BEHAVIOR ANALYST" OR ANY OTHER DESIGNATION
23 TENDING TO IMPLY THAT THE PERSON IS LICENSED TO PRACTICE BEHAVIOR ANALY-
24 SIS.
25 3. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A LICENSE
26 AS A "LICENSED BEHAVIOR ANALYST", AN APPLICANT SHALL FULFILL THE FOLLOW-
27 ING REQUIREMENTS:
28 (A) APPLICATION. FILE AN APPLICATION WITH THE DEPARTMENT.
29 (B) EXAMINATION. PASS THE BEHAVIOR ANALYST CERTIFICATION EXAMINATION
30 ADMINISTERED BY THE BEHAVIOR ANALYST CERTIFICATION BOARD AND BE CERTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15379-01-2
S. 7017 2
1 FIED AS A BOARD CERTIFIED BEHAVIOR ANALYST (BCBA) BY THE BEHAVIOR
2 ANALYST CERTIFICATION BOARD.
3 (C) STATUS. MAINTAIN ACTIVE STATUS AND FULFILL ALL REQUIREMENTS FOR
4 RENEWAL AND RECERTIFICATION WITH THE BEHAVIOR ANALYST CERTIFICATION
5 BOARD AS A BOARD CERTIFIED BEHAVIOR ANALYST.
6 (D) ETHICS. CONDUCT HIS OR HER PROFESSIONAL ACTIVITIES IN ACCORDANCE
7 WITH ACCEPTED STANDARDS, INCLUDING THE GUIDELINES FOR RESPONSIBLE
8 CONDUCT FOR BEHAVIOR ANALYSTS AND PROFESSIONAL DISCIPLINARY AND ETHICAL
9 STANDARDS OF THE BEHAVIOR ANALYST CERTIFICATION BOARD.
10 (E) DISCIPLINE. NOT BEEN SUBJECT TO DISCIPLINARY SUSPENSION OR REVOCA-
11 TION BY THE BEHAVIOR ANALYST CERTIFICATION BOARD.
12 (F) AGE. BE AT LEAST TWENTY-ONE YEARS OF AGE.
13 (G) CHARACTER. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
14 MENT.
15 (H) FEES. PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS TO THE DEPART-
16 MENT FOR AN INITIAL LICENSE; AND A FEE OF ONE HUNDRED SEVENTY DOLLARS
17 FOR EACH TRIENNIAL REGISTRATION PERIOD.
18 S 2. Subdivisions 1 and 7 of section 8410 of the education law, subdi-
19 vision 1 as amended by chapter 210 of the laws of 2004 and subdivision 7
20 as added by chapter 130 of the laws of 2010, are amended to read as
21 follows:
22 1. Apply to the practice, conduct, activities, services or use of any
23 title by any person licensed or otherwise authorized to practice medi-
24 cine within the state pursuant to article one hundred thirty-one of this
25 title or by any person registered to perform services as a physician
26 assistant within the state pursuant to article one hundred thirty-one-B
27 of this title or by any person licensed or otherwise authorized to prac-
28 tice psychology within this state pursuant to article one hundred
29 fifty-three of this title or by any person licensed or otherwise author-
30 ized to practice social work within this state pursuant to article one
31 hundred fifty-four of this title, or by any person licensed or otherwise
32 authorized to practice nursing as a registered professional nurse or
33 nurse practitioner within this state pursuant to article one hundred
34 thirty-nine of this title; provided, however, that no physician, physi-
35 cian's assistant, registered professional nurse, nurse practitioner,
36 psychologist, licensed master social worker, or licensed clinical social
37 worker may use the titles "licensed mental health counselor", "licensed
38 marriage and family therapist", "licensed creative arts therapist", [or]
39 "licensed psychoanalyst", OR "LICENSED BEHAVIOR ANALYST" unless licensed
40 under this article.
41 7. Prohibit the practice of mental health counseling, marriage and
42 family therapy, creative arts therapy [or], psychoanalysis, OR BEHAVIOR
43 ANALYSIS to the extent permissible within the scope of practice of such
44 professions, by any not-for-profit corporation or education corporation
45 providing services within the state of New York and operating under a
46 waiver pursuant to section sixty-five hundred three-a of this title,
47 provided that such entities offering mental health counseling, marriage
48 and family therapy, creative arts therapy or psychoanalysis services
49 shall only provide such services through an individual appropriately
50 licensed or otherwise authorized to provide such services or a profes-
51 sional entity authorized by law to provide such services.
52 S 3. This act shall take effect six months after it shall have become
53 a law. Effective immediately, the addition, amendment and/or repeal of
54 any rules or regulations necessary for the implementation of this act on
55 its effective date are authorized to be made on or before such date.
