NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6963B
SPONSOR: Morelle TITLE OF BILL: An act to amend the education law, the limited liabil-
ity company law, the partnership law and the social services law, in
relation to applied behavior analysis
PURPOSE OR GENERAL IDEA OF BILL: This bill would provide for the
licensure of behavior analysts and the certification of behavior analyst
assistants.
SUMMARY OF SPECIFIC 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 behav-
ior, 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 progress, partic-
ipation 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 char-
acter and fee requirements for an applicant to apply to the State Educa-
tion Department (SED) for licensure as a behavior analyst or certif-
ication 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
provided 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.
Sections 6-10 require 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 maltreat-
ment.
Section 13 sets forth exemptions from licensure and certification for
individuals employed by programs licensed, certified, operated, or fund-
ed and regulated by the Office for People with Developmental Disabili-
ties (OPWDD) or the Office of Mental Health (OMH) until July 1, 2018;
requires OPWDD and OMH on or before September 1, 2016, to submit rele-
vant 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 indi-
viduals 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 disci-
pline 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 litera-
ture 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 Individ-
ual Educational Plans and Individual Family Support Plans; enhancing the
functioning of children and adults with various diagnoses; and augment-
ing 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-meth-
od) 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 chil-
dren 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 hospitaliza-
tions (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 (Arti-
cle 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.
PRIOR 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.
