Frequently Asked Questions for Licensed Behavior Analysts

Applied behavior analysis (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 behavior.

Chapter 554 of the Laws of 2013, as amended by Chapter 8 of the Laws of 2014, created Article 167 of the Education Law, which establishes and defines the practice of Applied Behavior Analysis (ABA) and provides for the licensing of licensed behavior analysts and certified behavior analyst assistants.

This law took effect on July 1, 2014.

The two licenses that are authorized under this law are licensed behavior analyst (LBA) and certified behavior analyst assistant (CBAA).
 

Only a person who is licensed or certified or exempt under this law may practice applied behavior analysis; however, only a person who is licensed or certified under this law may use the titles "licensed behavior analyst" and "certified behavior analyst assistant."
 

The licensed behavior analyst (LBA) provides services and activities for 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 Title VIII for the purpose of providing behavioral health treatments for persons with autism and autism spectrum disorders and related disorders.

The certified behavior analyst assistant (CBAA) must meet the certification requirements of this law and work under the supervision of a licensed behavior analyst to perform such patient related applied behavior analysis tasks as assigned by the supervising licensed behavior analyst in accordance with the Regulations of the Commissioner of Education.

"Related disorders" are those disorders traditionally diagnosed under the diagnostic classification systems (often one of the volumes of the Diagnostic and Statistical Manual of the American Psychiatric Association), such as, Asperger's Syndrome, Rett Syndrome, Pervasive Developmental Disorders, or Childhood Disintegrative Disorder.

The services and activities, i.e., the practice, of a licensed behavior analyst (LBA) or a certified behavior analyst assistant (CBAA) shall not include:

• diagnosis of a disorder or condition for which ABA may be appropriate;
• prescribing or ordering ABA for a particular individual;
• prescribing or administering drugs as defined in the law or as a treatment, therapy, or professional service as a part of the practice of the profession; such as,
  • any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means; or
  • invasive procedures include, but are not limited to, surgery, lasers, ionizing radiation, therapeutic ultrasound or electroconvulsive therapy.

Licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs) are licensed health care professionals and may work in any setting that may legally provide such services. Examples of such settings include: private practice, settings where patients/clients reside full-time or part-time; clinics, hospitals, residences, schools, and similar settings.

Settings where such services are provided often must meet the requirements of law, rule or regulation to offer the service or have the service given within the setting.

Licensees should become familiar with the general laws and regulations that could affect the provision of services.

Yes. Licensees may form a professional corporation (PC), a professional service limited liability company (PLLC) or a registered limited liability partnership (LLP) in accord with the business corporation law or the limited liability law. Membership (ownership) in such corporations or companies is restricted to persons licensed in the same profession under Article 167. Professional Corporations or Limited Liability companies that may legitimately offer the practice of applied behavior analysis may employ persons licensed under Article 167 to provide these services.

The State Board assists the Board of Regents and the Department in matters of professional licensing and professional conduct. The Department, with input from the State Board and interested parties, drafted the regulations that were needed to implement the new licensing law. The Board provides assistance and advice on matters of professional practice and conduct. When there are complaints regarding unprofessional conduct or professional misconduct by licensees, members of the State Board review these complaints to assist the Department's Office of Professional Discipline, and serve on hearing panels to consider issues of moral character, discipline and the restoration of licenses.

The members of the State Board for Applied Behavior Analysis are appointed by the Board of Regents upon the recommendation of the Commissioner of Education and shall assist on matters of licensing and professional conduct.

Under the law, the Board must have seven members and be composed of the following: three licensed behavior analysts; one certified behavior analyst assistant; one licensed psychologist, who may currently prescribe treatment involving applied behavior analysis in his or her professional practice; and two public representatives as defined in section 6508(1)(b) of the Education Law.

Yes. On January 10, 2014, a law was enacted to establish a new profession of Applied Behavior Analysis and to establish the requirements for licensure for licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs) to provide behavioral health treatment to individuals with autism and autism spectrum disorders and related disorders. The full law took effect on July 1, 2014, after which time only a person who is licensed as a LBA or CBAA or meets one of the exemptions to the licensure requirement is legally able to practice ABA in NYS. Please see section 8807 of the Education Law for more information about the available exemptions.

No. But from January 10, 2014 until January 9, 2016, the law provided special provisions, which were referred to as the grandparenting licensure/certification pathway that allowed persons, who held certification from the BACB and submitted an attestation of moral character and application to the Department on or before January 9, 2016, to become licensed as licensed behavior analysts (LBAs) or certified behavior analyst assistants (CBAAs). This grandparenting licensure/certification pathway is no longer available because it has expired. Thus, persons who apply for licensure as a LBA or a CBAA on or after January 10, 2016 are required to meet all the licensure requirements found in statute and the Regulations of the Commissioner of Education. While BACB certification may be included in advertising in New York State, it may not be used as a license to practice in New York State.

For licensure as a licensed behavior analyst (LBA) or a certified behavior analyst assistant (CBAA), each applicant must meet, among other things, specified education, experience, examination, and moral character requirements. These requirements are found in Article 167 of Title VIII and in Subparts 79-17 and 79-18 of the Regulations of the Commissioner of Education.

A limited permit may be issued by the Department to an applicant who meets all the qualifications for licensure, except the examination and/or the experience requirements in accordance with the Commissioner’s regulations. The permit will be for one year and it may be renewed, at the discretion of the Department for one additional year.

The fee for each limited permit and for each renewal is $70.00.

The limited permit holder shall practice only under supervision as determined by the Commissioner's regulations.

This ABA Licensure Flowchart outlines the steps in the overall licensure process, including the role that the BACB plays in the Exam Eligibility process.

The education requirements for licensure as a licensed behavior analyst (LBA) include: (1) a master’s or higher degree specifically in applied behavior analysis; or (2) a master’s or higher degree in a related field acceptable to the department, including, but not limited to, psychology, education or other subject areas that address learning and behavioral change and completion of graduate level, credit bearing coursework in applied behavior analysis that leads to an advanced certificate in applied behavior analysis.

The education requirements for licensure as a certified behavior analyst assistant (CBAA) include: (1) a bachelor’s or higher degree specifically in applied behavior analysis; or (2) a bachelor’s or higher degree in a related field acceptable to the department, including, but not limited to, psychology, education or other subject areas that address learning and behavioral change and completion of credit bearing coursework in applied behavior analysis that leads to a certificate in applied behavior analysis.

No. The state law requires that, for licensure purposes, the educational program be acceptable to this Department. Currently, there are three forms of program approval, each of which has a specific path for approval of its education:

• registration by this Department as a licensure-qualifying program in applied behavior analysis pursuant to section 52.44 or section 52.45 of the Regulations of the Commissioner;
• registration for general educational purposes by this Department, this time-limited professional education path expires on August 31, 2019; and,
• accreditation by an accrediting body acceptable to the Department.

A program that is registered by this Department as licensure-qualifying will ensure that all of their graduates have met the education requirements found in the Regulations of the Commissioner of Education for programs leading to licensure as a licensed behavior analyst (LBA) and for programs leading to licensure as a certified behavior analyst assistant (CBAA). Graduates of such programs are assured that their education will be accepted immediately upon the Department's receipt of the application for licensure, fee, and Form 2 from the college or university. Their graduates' education will not require any further review by the Department.

A list of programs leading to professional licensure can be found on the Inventory of Registered Programs (IRP). At the moment, only a few programs have been registered as licensure-qualifying, but there are several more programs in the process of being reviewed, so keep checking back for updates as they are made available.
 

All education programs in New York State must be registered by this Department according to their program area. Under the Regulations of the Commissioner, programs that currently are registered for general purposes and lead to a master's or higher degree in applied behavior analysis or to an advanced certificate in applied behavior analysis have until August 31, 2019 to become registered as licensure-qualifying programs in applied behavior analysis. Until August 31, 2019, applicants from these programs will have their education immediately accepted upon the Department's receipt of the application for licensure, fee and Form 2 and transcript from the college or university. Their graduates' education will not require any further review by the Department.

These programs may be found on our Inventory of Registered Programs (IRP) under the subject area of "20 Psychology" – "Applied Behavior Analysis."

In order to satisfy the education requirement for licensure, out-of-state programs that offer a master’s or higher degree or an advanced certificate in applied behavior analysis must be offered by a regionally accredited college or university. They must also be determined by the Department to be substantially equivalent of registered programs designed to prepare graduates to practice applied behavior analysis independently. For a program to be determined substantially equivalent, it must meet the curricular requirements, as further outlined in the Regulations of the Commissioner for programs leading to licensure as a licensed behavior analyst (LBA) and/or for programs leading to licensure as a certified behavior analyst assistant (CBAA).

On or before August 31, 2019, such programs are not required to include coursework in autism, autism spectrum disorders and related disorders; maintenance of client records; and issues of cultural and ethnic diversity or the supervised practicum or internship requirement of a minimum of 150 hours of supervised experience as part of the program, but the New York State examination will include an autism component.

Applicants from programs located outside New York State will have an individual education review by the Department before being made eligible to obtain a limited permit to complete any required supervised experience if done in New York State and/or to take the examination for licensure.