New York State Assembly

 
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A03523 Summary:

A03523 Actions:

A03523 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:05/19/2021AYE/NAY:24/1  Action: Favorable refer to committee Rules        
Glick
Aye
Walczyk
Aye
Gottfried
Aye
Smith
Aye
Englebright
Aye
Fitzpatrick
Aye
Cahill
Aye
Reilly
Aye
Cusick
Aye
Salka
Aye
Lupardo
Aye
Smullen
Aye
Stirpe
Aye
Gandolfo
Aye
Fahy
Aye
Pichardo
Aye
Simon
Aye
McDonald
Aye
Bichotte Hermel
Aye
Hyndman
Aye
Epstein
Aye
Griffin
Nay
McMahon
Aye
Buttenschon
Aye
Clark
Aye
Forrest
Excused

Committee:RULES   Chair:Gottfried      
DATE:05/24/2021AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A03523 Floor Votes:

A03523 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3523A
 
SPONSOR: Peoples-Stokes

 
TITLE OF BILL:
 
An act to amend the education law, in relation to applied behavior anal-
ysis
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to make New York consistent with other
states that license behavior analysts.
 
 
SUMMARY OF PROVISIONS:
 
Section one of the bill amends Subdivision one of Section 8802 of the
education law to make the licensing of behavior analysts in New York
consistent with the licensing in other states by removing the
restriction that the treatment is only 'for persons with autism and
autism spectrum disorders. Additionally, prescriptions or orders for
behavioral health treatment provided by a licensed behavior analyst
shall be limited to providing treatment to individuals with behavioral
health conditions that appear in the Diagnostic and Statistical Manual
of Mental. Disorders,. published by the American Psychiatric Associ-
ation, or an equivalent classification system as determined by the
department. In addition, licensed behavior analysts providing services
pursuant to a prescription or order, as authorized by this section,
shall provide a report at least annually regarding the status of the
individual served to the licensed person prescribing or ordering such
service or more frequently, if needed, in order to report significant
changes in the condition of the individual.
 
Section two provides the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amended version of the bill provides that prescriptions or orders
for behavioral health treatment provided by a licensed behavior analyst
shall be limited to providing treatment to individuals with behavioral
health conditions that appear in the Diagnostic and Statistical Manual
of Mental . Disorders, published by the American Psychiatric Associ-
ation, or an equivalent classification system as determined by the
department. In addition, licensed behavior analysts providing services
pursuant to a prescription or order, as authorized by this section,
shall provide a report at least annually regarding the status of the
individual served to the licensed person prescribing or ordering such
service or more frequently, if needed, in order to report significant
changes in the condition of the individual.
The amended version also has a new effective date.
 
 
JUSTIFICATION:
 
In 2014, New York enacted a separate licensure law for behavior
analysts. Unlike many other states, however, New York's behavior analy-
sis licensing law (Article 167 of the Education law) restricts these
professionals in a way that only authorizes these professionals to treat
individuals diagnosed with autism or a related disorder. The original
law was designed to ensure a smooth implementation of the insurance
mandate to pay for the treatment of those individuals diagnosed with
autism by qualified and regulated professionals.  Behavior analysts
apply scientific principles of learning and behavior systematically to
address socially significant human behavior to impact behavior outcomes.
Examples of disorders treated by behavioral analysts include but are not
limited to the following:  autism spectrum disorders, sensory processing
disorder, anorexia nervosa, Alzheimer's, ADHD, Down Syndrome, and reac-
tive attachment disorder (RAD). This practice is not designed to be
limited to individuals diagnosed with autism or a related disorder. The
profession of behavior analysis has made countless improvements in the
lives of individuals in many ways including educational applications and
learning, behavioral challenges, substance abuse, brain injury,
Alzheimer's, ADHD, behavioral medicine and Down Syndrome. The profession
has contributed substantial evidence making positive behavioral outcomes
for those with many disorders other than autism, and should not be
defined by a particular disorder. It is time to align New York's law
with the actual practice of this profession and match with the laws of
other states.
 
This law affects students in college programs studying to become
licensed behavior analysts because it reduces the training opportu-
nities. The education of individuals in a profession should not be
limited by a particular disorder; instead, as in other professions, the
learning involves ' a broader understanding of the full scope of prac-
tice. This change in the law should be implemented to allow the profes-
sion to be properly defined and match the laws of other states.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.7632 of 2017/2018
A.6398A/S4967A of 2019/2020
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. Effective immediately, the addition 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 on or before such effective
date

A03523 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3523--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PEOPLES-STOKES, SOLAGES, GUNTHER, M. MILLER,
          THIELE,  BYRNE,  SANTABARBARA,  ABINANTI,  WALSH,   GRIFFIN,   STIRPE,
          BARCLAY,  ZEBROWSKI,  SCHMITT, WALLACE, GOTTFRIED, DiPIETRO, JACOBSON,
          PICHARDO, DICKENS, COLTON, NIOU,  McMAHON,  PAULIN,  DINOWITZ,  CLARK,
          EICHENSTEIN,  LUNSFORD, WALCZYK, SIMON, BURDICK, ROZIC, RA, FRONTUS --
          Multi-Sponsored by -- M.   of A.  BRABENEC,  BRONSON,  HEVESI,  LALOR,
          MANKTELOW,  McDONOUGH  --  read  once and referred to the Committee on
          Higher  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        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:
 
     1    Section 1. Subdivision 1 of section 8802  of  the  education  law,  as
     2  added by chapter 554 of the laws of 2013, is amended to read as follows:
     3    1.  The  practice of applied behavior analysis by a "licensed behavior
     4  analyst" shall mean the design, implementation and evaluation  of  envi-
     5  ronmental  modifications,  using behavioral stimuli and consequences, to
     6  produce socially significant improvement in  human  behavior,  including
     7  the  use  of direct observation, measurement, and functional analysis of
     8  the relationship between environment and behavior, pursuant to a diagno-
     9  sis and prescription or order from a person who is licensed or otherwise
    10  authorized to  provide  such  diagnosis  and  prescription  or  ordering
    11  services  pursuant  to  a  profession  enumerated in this title, for the
    12  purpose of providing  behavioral  health  treatment  [for  persons  with
    13  autism  and  autism  spectrum  disorders  and  related disorders].   For
    14  purposes of this section, prescriptions or orders for behavioral  health
    15  treatment  provided  by  a licensed behavior analyst shall be limited to
    16  providing treatment to individuals  with  behavioral  health  conditions
    17  that appear in the most recent edition of the diagnostic and statistical
    18  manual  of mental disorders, published by the American Psychiatric Asso-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05851-07-1
        A. 3523--A                          2
 
     1  ciation, or an equivalent classification system  as  determined  by  the
     2  department.  In  addition, licensed behavior analysts providing services
     3  pursuant to a prescription or order,  as  authorized  by  this  section,
     4  shall  provide  a  report  at least annually regarding the status of the
     5  individual served to the licensed person prescribing  or  ordering  such
     6  service  or  more  frequently, if needed, in order to report significant
     7  changes in the condition of the individual.
     8    § 2. This act shall take effect eighteen months after  it  shall  have
     9  become  a  law.  Effective  immediately,  the addition, amendment and/or
    10  repeal of any rule or regulation necessary  for  the  implementation  of
    11  this  act  on its effective date are authorized to be made and completed
    12  on or before such effective date.

A03523 LFIN:

 
NO LFIN

A03523 Chamber Video/Transcript: