This bill has been amended

Bill S4862-2013

Provides for the regulation of the profession and practice of applied behavior analysis

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

Details

Actions

  • May 7, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 26, 2013: REFERRED TO HIGHER EDUCATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Higher Education - May 7, 2013
Ayes (15): LaValle, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Savino, Seward, Valesky, Kennedy, Krueger, Parker, Serrano, Espaillat
Ayes W/R (4): Gallivan, Zeldin, Stavisky, Rivera

Memo

BILL NUMBER:S4862

TITLE OF BILL: An act to amend the education law, in relation to applied behavior analysis

PURPOSE: This bill would provide for the licensure of applied behavior analysts and the certification of applied behavior analysis assistants.

SUMMARY OF PROVISIONS:

Section 1 of this bill:

* Defines applied behavior analysis, the practice of applied behavior analysts and the practice of certified applied behavior analysis assistants;

* Limits the practice of applied behavior analysis to licensed applied behavior analysts, certified applied behavior analysis assistants and exempt persons and limits the use of the title of "licensed applied behavior analyst" and "certified applied behavior analysis assistant" to individuals who are licensed or certified under article 167;

* Sets forth the education, experience, examination, age and moral character and fee requirements for an applicant to apply to the State Education Department (SED) for licensure as an applied behavior analyst or certification as an applied behavior analysis assistant;

* Provides a pathway for individuals who are certified or registered by a national certifying body and attest to moral character to be licensed as an applied behavior analyst or certified as an applied behavior analysis assistant provide that the individual submits an application to the department within two years of the effective date;

* Establishes limited permits for applicants who meet all qualifications for licensure, except the examination and/or experience requirements;

* Sets forth exemptions from licensure and certification for certain individuals; and

* Creates the state committee for applied behavior analysis.

Section 2 adds licensed applied behavior analysts and certified applied behavior analysis assistants to the list of service providers captured under the social work/mental health practitioner corporate practice waiver.

Section 3 adds licensed applied behavior analysts and certified applied behavior analysis assistants under psychology's exempt persons.

Section 4 adds licensed applied behavior analysts and certified applied behavior analysis assistants under social work's exempt persons.

Section 5 adds licensed applied behavior analysts and certified applied behavior analysis assistants under mental health practitioners' exempt persons.

Section 6 sets forth a severability clause.

Section 7 is the effective date.

JUSTIFICATION: Chapter 596 of 2011 required health insurance policies to provide coverage for the screening, diagnosis and treatment of autism spectrum disorder. The licensure of applied behavioral analysts and certification of applied behavioral analysis assistants is necessary in order to fulfill the commitments made in 2011.

The field of behavior analysis grew out of the scientific study of learning and behavior. It is a separate and distinct scientific discipline and professional practice. Behavior analysis has three main branches: conceptual or theoretical, experimental ("EAR"), and applied behavior analysis ("ABA"). EAB is the basic science of this field and has, over many decades, produced a substantial and well-respected research literature, That literature provides the scientific foundation for ABA, which is both an applied science with its own research literature on methods for understanding and changing behavior, and application of behavior analytic principles and methods in the provision of services to meet the needs of diverse populations in a wide range of settings.

Examples include: building the skills of children and youths in school settings; conducting functional behavioral assessments and analyses that guide the creation of behavior intervention programs as part of Individual Educational Plans and Individual Family Support Plans; enhancing the functioning of children and adults with various diagnoses; and augmenting the performance and satisfaction of employees in organizations and businesses.

There are hundreds of published studies documenting the effectiveness of many specific, focused ABA techniques for building a wide range of important skills and reducing problem behaviors in people with autism spectrum disorder (ASD) of all ages, in a variety of settings. At least 11 controlled between-groups studies show that multiple ABA techniques combined into early, comprehensive, intensive treatment programs can produce large improvements in symptoms and skill deficits in many young children with ASD when treatment is directed by qualified professional behavior analysts. Careful meta-analyses showed that early intensive ABA produced larger, more reliable improvements than "eclectic" (mixed-method) treatment or standard services.

Research has shown that without effective treatment, each person with autism will incur lifetime costs of specialized services and care of at least $3.2 million (Ganz, 2006). Several studies have shown that with early, comprehensive, intensive ABA treatment, a large number of children with autism need few or no specialized, intensive services from early elementary school age onward, reducing those costs by at least 81 million per person, on - average (e,g., Jacobson, Mulick, Green, 1998; Motiwala et al., 2006). Focused ABA interventions can also reduce healthcare utilization and costs for people with autism by increasing personal safety and self-help skills, increasing

cooperation with medical and dental care routines, and decreasing behaviors that often result in costly (and largely ineffective) medication and hospitalizations (e.g., eating problems, sleeping problems, self-injury, elopement, aggression, and pica).

Today, there are over 10,000 Board Certified Behavior Analysts (BACB) around the world, but only 600 in New York. Licensure will clearly change that dynamic and keep qualified professionals in New York to meet the need for ABA services. Programs to train ABA practitioners are already in place in 12 colleges and universities here in New York. These programs are geographically dispersed throughout the state and are located at both public and private universities. For instance, SUN. Y Stony Brook and Binghamton as well as Columbia, Russell Sage, University of Rochester, and Queens College of the City University of New York each have programs with BACB approved course sequences. Other such programs are located at hundreds of colleges and universities around the world.

Eight other states have enacted legislation to license behavior analysts. Many other states recognize the BACB credentials in other types of laws and regulations that permit holders of those credentials to practice and to be reimbursed for their services. In situations where there has been a need for separation in the professions, especially those who serve people with disabilities, the New York Legislature has not hesitated to act. For instance, in the areas of Occupational Therapy (Article 156), Speech Therapy (Article 159), and physical Therapy (Article 156), the education law has been amended to separate those professions from others and provide for their expansion and growth. The proposed bill would do the same for behavior analysis.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Undetermined

EFFECTIVE DATE: The act shall take effect July 1, 2014, provided that section 8805 of the education law as added by section one of this act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4862 2013-2014 Regular Sessions IN SENATE April 26, 2013 ___________
Introduced by Sens. FUSCHILLO, LAVALLE, 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 applied behavior anal- ysis THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new article 167 to read as follows: ARTICLE 167 APPLIED BEHAVIOR ANALYSIS SECTION 8800. INTRODUCTION. 8801. DEFINITIONS. 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS". 8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED APPLIED BEHAVIOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR ANALY- SIS ASSISTANT". 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 8805. SPECIAL PROVISIONS. 8806. LIMITED PERMITS. 8807. EXEMPTIONS. 8808. STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS. S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC- TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED APPLIED BEHAVIOR ANALYST" AND "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT." THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE. S 8801. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL HAVE THE FOLLOWING MEANING: "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS THE DESIGN, IMPLEMENTATION, AND EVALUATION OF ENVIRONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI
AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAV- IOR. S 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS". 1. THE PRACTICE OF "LICENSED APPLIED BEHAVIOR ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVIRONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIF- ICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING THE USE OF DIRECT OBSER- VATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNOSIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH DIAGNOSTIC AND PRESCRIPTION OR ORDERING SERVICES PURSUANT TO A PROFESSION ENUMERATED IN THIS TITLE, FOR THE PURPOSE OF PROVIDING BEHAV- IORAL HEALTH SERVICES FOR PERSONS WITH AUTISM AND AUTISM SPECTRUM DISOR- DERS; AND INCLUDES THE SUPERVISION OF CERTIFIED APPLIED BEHAVIOR ANALY- SIS ASSISTANTS IN THE PROVISION OF ABA SERVICES TO INDIVIDUALS. 2. THE PRACTICE OF "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT" MEANS THE SERVICES AND ACTIVITIES PROVIDED BY A PERSON CERTIFIED IN ACCORDANCE WITH THIS ARTICLE WHO WORKS UNDER THE SUPERVISION OF A LICENSED APPLIED BEHAVIOR ANALYST TO PERFORM SUCH PATIENT RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVISING LICENSED APPLIED BEHAVIOR ANALYST. SUPERVISION OF A CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT BY A LICENSED APPLIED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. 3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO- SIS OF A DISORDER OR CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL. 4. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM: (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION; OR (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER MEANS. INVASIVE PROCEDURE INCLUDES, BUT IS NOT LIMITED TO, SURGERY, LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE THERAPY. S 8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED APPLIED BEHAV- IOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT". ONLY A PERSON LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE APPLIED BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS ARTICLE SHALL USE THE TITLES "LICENSED APPLIED BEHAVIOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT" OR ANY OTHER DESIGNATION TENDING TO IMPLY THAT THE PERSON IS LICENSED OR CERTIFIED TO PRACTICE APPLIED BEHAVIOR ANALYSIS. S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO QUALIFY FOR CERTIFICATION AS A CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD- ANCE WITH THE COMMISSIONER'S REGULATIONS.
(C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. (D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND (G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI- OD. 2. TO QUALIFY FOR A LICENSE AS A LICENSED APPLIED BEHAVIOR ANALYST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD- ANCE WITH THE COMMISSIONER'S REGULATIONS. (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. (D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND (G) FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD. S 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS FOR A LICENSE OR CERTIFICATION AS A LICENSED APPLIED BEHAVIOR ANALYST OR A CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCA- TION, PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION. S 8806. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO THIS ARTICLE: 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI- ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR. 2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR. 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE SEVENTY DOLLARS. 4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. S 8807. EXEMPTIONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT THE SCOPES OF PRACTICE OF ANY OTHER PROFESSION LICENSED UNDER THIS TITLE. 2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A PERSON EMPLOYED BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLI- TICAL SUBDIVISION, OR A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING INSTITUTION, OR AS A CERTIFIED TEACHER OR TEACHING
ASSISTANT, OTHER THAN A PUPIL PERSONNEL SERVICES PROFESSIONAL, IN AN APPROVED PROGRAM AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER, OR OTHER SETTING TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER APPLIES, FROM PERFORMING THE DUTIES OF A LICENSED APPLIED BEHAVIOR ANALYST OR A CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT. 3. NOTHING IN THE ARTICLE SHALL BE CONSTRUED AS PROHIBITING THE ACTIV- ITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESIDENT IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS- SIONER'S REGULATIONS, PURSUING A COURSE OF STUDY LEADING TO A BACHELOR OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY THE DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS. SUCH PERSON SHALL BE DESIGNED BY TITLE WHICH CLEARLY INDICATES HIS OR HER TRAINING STATUS. S 8808. STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE COMMITTEE SHALL ASSIST THE BOARD FOR MENTAL HEALTH PRACTITIONERS SOLELY IN APPLIED BEHAVIOR ANALYSIS MATTERS, WHICH BOARD SHALL ALSO SERVE AS THE STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS. MEMBERS OF THE FIRST COMMITTEE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE COMMITTEE. 2. THE COMMITTEE SHALL CONSIST OF FIVE INDIVIDUALS, TO BE COMPOSED OF THE FOLLOWING: (A) THREE LICENSED APPLIED BEHAVIOR ANALYSTS, OR TWO LICENSED APPLIED BEHAVIOR ANALYSTS AND ONE CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT; (B) ONE LICENSED PSYCHOLOGIST, WHO CURRENTLY PRESCRIBES TREATMENT INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE; (C) ONE MENTAL HEALTH PRACTITIONER LICENCED UNDER ARTICLE ONE HUNDRED SIXTY-THREE OF THIS TITLE; AND (D) A PUBLIC REPRESENTATIVE, AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. S 2. Subparagraph (i) of paragraph a of subdivision 1 of section 6503-a of the education law, as added by chapter 130 of the laws of 2010, is amended to read as follows: (i) services provided under article one hundred fifty-four [or], one hundred sixty-three OR ONE HUNDRED SIXTY-SEVEN of this title for which licensure would be required, or S 3. Subdivision 4 of section 7605 of the education law, as amended by chapter 210 of the laws of 2004, is amended to read as follows: 4. The practice, conduct, activities, or services by any person licensed or otherwise authorized to practice nursing as a registered professional nurse or nurse practitioner within the state pursuant to article one hundred thirty-nine of this title or by any person licensed or otherwise authorized to practice social work within the state pursu- ant to article one hundred fifty-four of this title, or by any person licensed or otherwise authorized to practice mental health counseling, marriage and family therapy, creative arts therapy, or psychoanalysis within the state pursuant to article one hundred sixty-three of this
title, OR ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE or any individual who is credentialed under any law, including attorneys, rape crisis counselors, certified alcoholism counselors, and certified substance abuse counselors from providing mental health services within their respective established authorities. S 4. Subdivision 1 of section 7706 of the education law, as amended by chapter 230 of the laws of 2004, is amended to read as follows: 1. Apply to the practice, conduct, activities, services or use of any title by any person licensed or otherwise authorized to practice medi- cine within the state pursuant to article one hundred thirty-one of this title or by any person registered to perform services as a physician assistant within the state pursuant to article one hundred thirty-one-B of this title or by any person licensed or otherwise authorized to prac- tice psychology within this state pursuant to article one hundred fifty-three of this title or by any person licensed or otherwise author- ized to practice nursing as a registered professional nurse or nurse practitioner within this state pursuant to article one hundred thirty- nine of this title or by any person licensed or otherwise authorized to practice occupational therapy within this state pursuant to article one hundred fifty-six of this title or by any person licensed or otherwise authorized to practice mental health counseling, marriage and family therapy, creative arts therapy, or psychoanalysis within the state pursuant to article one hundred sixty-three of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE; provided, however, that no physician, physician assistant, registered professional nurse, nurse practitioner, psychologist, occupa- tional therapist, licensed mental health counselor, licensed marriage and family therapist, licensed creative arts therapist, [or] licensed psychoanalyst, LICENSED APPLIED BEHAVIOR ANALYST OR CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT may use the titles "licensed clinical social worker" or "licensed master social worker", unless licensed under this article. S 5. Subdivision 1 of section 8410 of the education law, as amended by chapter 210 of the laws of 2004, is amended to read as follows: 1. Apply to the practice, conduct, activities, services or use of any title by any person licensed or otherwise authorized to practice medi- cine within the state pursuant to article one hundred thirty-one of this title or by any person registered to perform services as a physician assistant within the state pursuant to article one hundred thirty-one-B of this title or by any person licensed or otherwise authorized to prac- tice psychology within this state pursuant to article one hundred fifty-three of this title or by any person licensed or otherwise author- ized to practice social work within this state pursuant to article one hundred fifty-four of this title, or by any person licensed or otherwise authorized to practice nursing as a registered professional nurse or nurse practitioner within this state pursuant to article one hundred thirty-nine of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR- IZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE; provided, however, that no physician, physician's assistant, registered professional nurse, nurse practitioner, psychologist, licensed master social worker, [or] licensed clinical social worker, LICENSED APPLIED BEHAVIOR ANALYST OR CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT may use the titles
"licensed mental health counselor", "licensed marriage and family thera- pist", "licensed creative arts therapist", or "licensed psychoanalyst", unless licensed under this article. S 6. If any section of article 167 of the education law, as added by section one of this act, or part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of any other section or part thereof. S 7. This act shall take effect July 1, 2014, provided, however, that section 8805 of the education law as added by section one of this act shall take effect immediately; and provided further that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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