Bill S4862B-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

  • Jun 17, 2013: SUBSTITUTED BY A6963B
  • Jun 13, 2013: AMENDED ON THIRD READING 4862B
  • Jun 3, 2013: ADVANCED TO THIRD READING
  • May 30, 2013: 2ND REPORT CAL.
  • May 29, 2013: 1ST REPORT CAL.799
  • May 20, 2013: PRINT NUMBER 4862A
  • May 20, 2013: AMEND (T) AND RECOMMIT TO FINANCE
  • May 7, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 26, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S4862B

TITLE OF BILL: 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

PURPOSE:

This bill would provide for the licensure of behavior analysts and the certification of behavior analyst assistants.

SUMMARY OF PROVISIONS:

Section 1 of this bill:

*Defines applied behavior analysis as 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 behavior, pursuant to a diagnosis and prescription or order from a person who is licensed or otherwise authorized to provide such diagnosis and prescription or ordering services pursuant to a profession enumerated in this title, for the purpose of providing behavioral health treatment for persons with autism, autism spectrum disorders and related disorders as defined by the DSM and ICD diagnostic criteria or codes;

*Defines the practice of licensed behavior analysts and the practice of certified behavior analyst assistants. Nothing, however, shall prevent a person without a license from performing tasks such as assisting in the recording and collection of data needed to monitor prowess, participation in required team meetings, and completion of other routine and repetitive activities that do not require professional skill or judgment for the purpose of assisting in the implementation of an individual ABA plan;

*Limits the practice of applied behavior analysis to licensed behavior analysts, certified analyst assistants and exempt persons and limits the use of the title of "licensed behavior analyst" and "certified behavior analyst 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 a behavior analyst or certification as a behavior analyst 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 a behavior analyst or certified as a behavior analyst 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- this includes an exemption for chartered elementary or secondary schools such as approved private schools serving students with disabilities (853 schools), state-supported schools (4201 schools) and special act school districts; and

*Creates the state board for applied behavior analysis.

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

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

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

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

Section 6-10 requires partnerships and corporations formed to practice behavior analysis to contain a licensed behavior analyst or certified behavior analyst assistant or any combination thereof.

Section 11 requires licensed behavior analysts and certified behavior analyst assistants to complete two hours of coursework or training on the identification and reporting of child abuse and maltreatment.

Section 12 adds licensed behavior analysts and certified behavior analyst assistants as mandated reporters of child abuse and maltreatment.

Section 13 sets forth exemptions from licensure and certification for individuals employed by programs licensed, certified, operated, or funded and regulated by the Office for People with Developmental Disabilities (OPWDD) or the Office of Mental Health (OMH) until July 1, 2018; requires OPWDD and OMH on or before September 1, 2016, to submit relevant information to the State Education Department (SED); and requires the Commissioner of SED, after receiving such information and meeting with stakeholders, to prepare a report to the Executive and Legislature to recommend any necessary changes to law, rules or regulations.

Section 14 sets forth a severability clause.

Section 15 provides that sections 11 and 12 of the bill apply to individuals who are licensed or certified pursuant to section 8805 of the education law upon their re-registration with SED.

Section 16 is the effective date.

JUSTIFICATION:

Chapters 595 and 596 of 2011 required health insurance policies to provide coverage for the screening, diagnosis and treatment of autism spectrum disorder. The licensure of behavior analysts and

certification of behavior analyst 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 II 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 $1 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 700 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, SUNY 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 sections six through ten of this act and section 8805 of the education law as added by section one of this act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4862--B Cal. No. 799 2013-2014 Regular Sessions IN SENATE April 26, 2013 ___________
Introduced by Sens. FUSCHILLO, LAVALLE, FLANAGAN, PARKER, SAVINO, VALE- SKY -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Higher Education -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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: 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 BEHAVIOR ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT". 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 8805. SPECIAL PROVISIONS. 8806. LIMITED PERMITS. 8807. EXEMPTIONS. 8808. STATE BOARD 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 BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIR- TY 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 APPLIED BEHAVIOR ANALYSIS BY A "LICENSED BEHAVIOR ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI- RONMENTAL 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 BEHAVIOR, PURSUANT TO A DIAGNO- SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH DIAGNOSIS AND PRESCRIPTION OR ORDERING SERVICES PURSUANT TO A PROFESSION ENUMERATED IN THIS TITLE, FOR THE PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS. 2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED BEHAVIOR ANALYST ASSISTANT" MEANS THE SERVICES AND ACTIVITIES PROVIDED BY A PERSON CERTIFIED IN ACCORDANCE WITH THIS ARTICLE WHO WORKS UNDER THE SUPERVISION OF A LICENSED BEHAVIOR ANALYST TO PERFORM SUCH PATIENT RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS- ING LICENSED BEHAVIOR ANALYST. SUPERVISION OF A CERTIFIED BEHAVIOR ANALYST ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. NO LICENSED BEHAVIOR ANALYST SHALL SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS. 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 BEHAVIOR ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT". ONLY A PERSON LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE APPLIED BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS ARTI- CLE SHALL USE THE TITLES "LICENSED BEHAVIOR ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT." S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST 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 BEHAVIOR ANALYST, AN APPLI- CANT 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 BEHAVIOR ANALYST OR A CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY- ING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI- TIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION, 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 FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH PERSON IS EMPLOYED: A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL SUBDIVISION; B. BY A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING INSTITUTION; C. 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 D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER APPLIES. 3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A CERTI- FIED TEACHER OR TEACHING ASSISTANT, OTHER THAN A PUPIL PERSONNEL SERVICES PROFESSIONAL, FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT OR CONTRACTUAL AGREEMENT, IF SUCH PERSON IS EMPLOYED OR CONTRACTED WITH AN AGENCY APPROVED BY THE DEPARTMENT OF HEALTH TO PROVIDE EARLY INTERVENTION SERVICES OR HAS AN AGREEMENT WITH THE DEPART- MENT OF HEALTH TO PROVIDE EARLY INTERVENTION SERVICES PURSUANT TO TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW. 4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING THE ACTIVITIES 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'S 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 DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS OR HER TRAINING STATUS. S 8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY- FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRETARY OF THE BOARD SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER. 2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE FOLLOWING: (A) THREE LICENSED BEHAVIOR ANALYSTS; (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT; (C) ONE LICENSED PSYCHOLOGIST, WHO MAY CURRENTLY PRESCRIBE TREATMENT INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE; AND (D) TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI- SION 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 BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST 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 BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST ASSISTANT may use the titles "licensed mental health counselor", "licensed marriage and family therapist", "licensed creative arts therapist", or "licensed psychoanalyst", unless licensed under this article. S 6. Subdivision (a) of section 1203 of the limited liability company law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows: (a) Notwithstanding the education law or any other provision of law, one or more professionals each of whom is authorized by law to render a professional service within the state, or one or more professionals, at least one of whom is authorized by law to render a professional service within the state, may form, or cause to be formed, a professional service limited liability company for pecuniary profit under this arti- cle for the purpose of rendering the professional service or services as such professionals are authorized to practice. With respect to a profes- sional service limited liability company formed to provide medical services as such services are defined in article 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liabil- ity company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architec- tural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liabil- ity company must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS STATE. In addition to engaging in such profession or professions, a professional service limited liability company may engage in any other business or activities as to which a limited liability company may be formed under section two hundred one of this chapter. Notwithstanding any other provision of this section, a professional service limited liability company (i) authorized to practice law may only engage in another profession or business or activities or (ii) which is engaged in a profession or other business or activities other than law may only engage in the practice of law, to the extent not prohibited by any other law of this state or any rule adopted by the appropriate appellate division of the supreme court or the court of appeals. S 7. Subdivision (b) of section 1207 of the limited liability company law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a professional service limited liability company formed
to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liabil- ity company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS STATE. S 8. Subdivision (a) of section 1301 of the limited liability company law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a foreign professional service limited liability company which provides licensed clinical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES APPLIED BEHAVIOR ANALY- SIS SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCA- TION LAW, EACH MEMBER OF SUCH FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS STATE. S 9. Subdivision (q) of section 121-1500 of the partnership law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows:
(q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a registered limited liability partnership formed to provide professional engineering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each partner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICE IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS STATE. S 10. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 230 of the laws of 2004, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. Each partner of a foreign limited liability partner- ship which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to prac- tice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts ther-
apy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. EACH PARTNER OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES APPLIED BEHAVIOR ANALYSIS SERVICES IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALY- SIS IN THIS STATE. S 11. Paragraph a of subdivision 3 of section 6507 of the education law, as amended by chapter 356 of the laws of 2006, is amended to read as follows: a. Establish standards for preprofessional and professional education, experience and licensing examinations as required to implement the arti- cle for each profession. Notwithstanding any other provision of law, the commissioner shall establish standards requiring that all persons apply- ing, on or after January first, nineteen hundred ninety-one, initially, or for the renewal of, a license, registration or limited permit to be a physician, chiropractor, dentist, registered nurse, podiatrist, optome- trist, psychiatrist, psychologist, licensed master social worker, licensed clinical social worker, licensed creative arts therapist, licensed marriage and family therapist, licensed mental health counse- lor, licensed psychoanalyst, [or] dental hygienist, LICENSED BEHAVIOR ANALYST, OR CERTIFIED BEHAVIOR ANALYST ASSISTANT shall, in addition to all the other licensure, certification or permit requirements, have completed two hours of coursework or training regarding the identifica- tion and reporting of child abuse and maltreatment. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the phys- ical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thir- teen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Such coursework or training may also include information regard- ing the physical and behavioral indicators of the abuse of individuals with mental retardation and other developmental disabilities and volun- tary reporting of abused or neglected adults to the office of mental retardation and developmental disabilities or the local adult protective services unit. Each applicant shall provide the department with documen- tation showing that he or she has completed the required training. The department shall provide an exemption from the child abuse and maltreat- ment training requirements to any applicant who requests such an exemption and who shows, to the department's satisfaction, that there would be no need because of the nature of his or her practice for him or her to complete such training;
S 12. Paragraph (a) of subdivision 1 of section 413 of the social services law, as amended by section 3 of part D of chapter 501 of the laws of 2012, is amended to read as follows: (a) The following persons and officials are required to report or cause a report to be made in accordance with this title when they have reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child, or when they have reasonable cause to suspect that a child is an abused or maltreated child where the parent, guardian, custodian or other person legally responsible for such child comes before them in their profes- sional or official capacity and states from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child: any physician; registered physician assist- ant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; social worker; emergency medical techni- cian; licensed creative arts therapist; licensed marriage and family therapist; licensed mental health counselor; licensed psychoanalyst; LICENSED BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT; hospi- tal personnel engaged in the admission, examination, care or treatment of persons; a Christian Science practitioner; school official, which includes but is not limited to school teacher, school guidance counse- lor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate; social services worker; director of a children's overnight camp, summer day camp or traveling summer day camp, as such camps are defined in section thirteen hundred ninety-two of the public health law; day care center worker; school-age child care worker; provider of family or group family day care; or any other child care or foster care worker; mental health professional; substance abuse counselor; alcoholism counselor; all persons credentialed by the office of alcoholism and substance abuse services; peace officer; police offi- cer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official. S 13. a. Nothing in this act shall be construed as prohibiting a person from performing the duties of a licensed behavior analyst or a certified behavior analyst assistant, in the course of such employment, if such person is employed by programs licensed, certified, operated, or funded and regulated by the office for people with developmental disa- bilities or the office of mental health; provided, however, that this section shall not authorize the use of any title authorized pursuant to article 167 of the education law; and provided further, however, that this section shall be deemed repealed on July 1, 2018. b. On or before September 1, 2016, the office for people with develop- mental disabilities and the office of mental health as identified in subdivision a of this section that licenses, certifies, operates or funds and regulates programs that employ individuals to provide services that would otherwise be restricted to individuals licensed or authorized under article 167 of the education law, shall submit to the commissioner of education, in such form and detail as requested by such commissioner, data in relation to: the number of individuals employed in exempt programs licensed, certified, operated, or funded and regulated by the office for people with developmental disabilities on July 1, 2016 who are providing services that would otherwise be restricted to those licensed or authorized under article 167 of the education law; and the
occupational title of individuals who on July 1, 2016 are not licensed or otherwise authorized under title 8 of the education law, and who are engaged in the practice of applied behavior analysis for the purpose of providing behavioral health treatment for persons with autism and autism spectrum disorders and related disorders. c. The commissioner of education, after receipt of this data and in consultation with the office for people with developmental disabilities and the office of mental health, not-for-profit providers, professional associations, consumers and other key stakeholders, shall prepare a report that recommends changes in any laws, rules or regulations neces- sary to ensure appropriate licensure or other authorization of individ- uals providing services that are within the restricted practice of professions licensed or otherwise authorized under article 167 of the education law. The report shall include an estimate of the fiscal impact of any such recommended changes and, to the extent practicable, how such recommendations will result in improved outcomes. The commissioner of education shall submit the report to the governor, the speaker of the assembly, the temporary president of the senate, and the chairs of the senate and assembly higher education committees by January 1, 2017. The commissioners of the agencies identified in subdivision a of this section shall be provided an opportunity to include statements or alter- native recommendations in such report. S 14. 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 15. The provisions of sections eleven and twelve of this act shall not apply to persons applying for licensure or certification or to persons licensed or certified pursuant to section 8805 of the education law until such licensed or certified person re-registers their license or certification in accordance with the provisions of paragraph g of subdivisions 1 and 2 of section 8804 of the education law as added by section one of this act. S 16. This act shall take effect July 1, 2014: provided, however, that if section 3 of part D of chapter 501 of the laws of 2012 is not in effect on such date, then the amendments to paragraph (a) of subdivision 1 of section 413 of the social services law made by section twelve of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2012, takes effect; provided further that sections six, seven, eight, nine and ten of this act and section 8805 of the education law as added by section one of this act shall take effect immediately; and provided further that effective immediately, the addi- tion, 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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