NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8479
SPONSOR: Lucas TITLE OF BILL:
An act to amend chapter 554 of the laws of 2013, amending the education
law and other laws relating to applied behavior analysis, in relation to
extending the expiration of certain provisions thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to extend, for five years, the authorization
for certain individuals to provide applied behavior analysis services in
certain settings.
SUMMARY OF SPECIFIC PROVISIONS:
Section one would extend, through July 1, 2030, the authorization for
persons employed or retained by programs licensed, certified, operated,
approved registered or funded and,regulated by the Office for People
with Developmental Disabilities (OPWDD), the Office of Children and
Family Services (OCFS), or the Office of Mental Health (OMH) to perform
the duties of a licensed behavior analyst or certified behavior analyst
assistant.
Section two would provide for the effective date.
JUSTIFICATION:
Chapter 554 of the Laws of 2013 and Chapter 8 of the Laws of 2014
authorized certain individuals to provide applied behavior analysis
services in certain OMH, OCFS, and OPWSS settings. There continues to be
a demand for these services in these settings across the state. This
legislation will ensure the continuity of these services for an addi-
tional 5 years.
PRIOR LEGISLATIVE HISTORY:
2020: A.9508-B, Part SSS
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8479
2025-2026 Regular Sessions
IN ASSEMBLY
May 16, 2025
___________
Introduced by M. of A. LUCAS -- read once and referred to the Committee
on Higher Education
AN ACT to amend chapter 554 of the laws of 2013, amending the education
law and other laws relating to applied behavior analysis, in relation
to extending the expiration of certain provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 13 of chapter 554 of the laws of
2 2013, amending the education law and other laws relating to applied
3 behavior analysis, as amended by section 1 of part SSS of chapter 58 of
4 the laws of 2020, is amended to read as follows:
5 a. Nothing in this act shall be construed as prohibiting a person
6 employed or retained by programs licensed, certified, operated,
7 approved, registered or funded and regulated by the office for people
8 with developmental disabilities, the office of children and family
9 services, or the office of mental health from performing the duties of a
10 licensed behavior analyst or a certified behavior analyst assistant in
11 the course of such employment or retention; provided, however, that this
12 section shall not authorize the use of any title authorized pursuant to
13 article 167 of the education law; and provided further, however, that
14 this section shall be deemed repealed on July 1, [2025] 2030.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13003-01-5
