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Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.

  1. As used in this section, acceptable credentialing organization shall mean an organization accepted by the department as a reliable authority for the purpose of establishing standards for the practice of applied behavior analysis, as that profession is defined in Education Law, and applying its criteria in a fair, consistent, and nondiscriminatory manner.
  2. To meet the professional education requirements for licensure, the applicant shall present satisfactory evidence of:
    1. holding a master's or higher degree awarded upon successful completion of a program in applied behavior analysis leading to a master's or higher degree that is:
      1. registered by the department as leading to licensure as a licensed behavior analyst;
      2. accredited, recognized, or verified by a credentialing organization acceptable to the department; or
      3. determined by the department to be the equivalent of such a registered, accredited, recognized, or verified program that prepares the applicant to practice as a licensed behavior analyst; or
    2. both:
      1. holding a master's or higher degree awarded upon successful completion of a program in a related field acceptable to the department and registered by the department, or its substantial equivalent as determined by the department; and
      2. completing a credit bearing graduate-level program in applied behavior analysis that is registered by the department as leading to licensure or accredited, recognized, or verified by a credentialing organization acceptable to the department, or determined by the department to be substantially equivalent to such a registered, accredited, recognized, or verified program. Such equivalent program shall be recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a licensed behavior analyst and must be designed and conducted by the degree-granting institution to prepare graduates to practice professional applied behavior analysis independently.
  1. For licensure, an applicant shall present evidence of supervised experience in the practice of applied behavior analysis acceptable to the department. The number of acceptable hours shall meet the requirements of a credentialing organization acceptable to the department.
  2. Content. The content shall meet the requirements of a credentialing organization acceptable to the department.
  3. Setting. Experience completed in New York shall be completed in a setting which is legally authorized to provide services that constitute the practice of applied behavior analysis, as defined in section 8802 of the Education Law.
  4. Supervision.
    1. Experience completed in New York shall be under the supervision of a licensed behavior analyst registered to practice in this state.
    2. The supervisor shall be the owner of, be employed by, or be retained by the entity providing the experience opportunities to the applicant who is gaining experience for licensure.
    3. In order to prevent a potential conflict of interest, the supervisor shall not be a member of the applicant's family or an individual who has a close personal relationship with the applicant and/or his or her family and may not be paid by the applicant.
    4. The supervisor shall be responsible for the assessment and treatment of each patient seen under supervision and shall not be employed or compensated by the applicant.
    5. Experience completed in another jurisdiction must be under the supervision of a qualified supervisor, as defined in that jurisdiction, in a setting authorized to provide services that constitute the practice of applied behavior analysis.
    6. Supervision shall be individual or group supervision of a duration and frequency acceptable to the department or a credentialing organization acceptable to the department. Supervision may utilize technology acceptable to the Department, including secure video technology.
  1. The licensing examination shall consist of an examination designed to test knowledge related to all areas of applied behavior analysis.
  2. The department may accept scores on an examination acceptable to the department, or an examination determined by the department to be comparable in content, as meeting the requirement for passing the licensing examination.
  3. The applicant shall pass the examination with a score acceptable to the department.

As authorized by section 8806 of the Education Law, the department may issue a limited permit to practice applied behavior analysis in accordance with the requirements of this section.

  1. An applicant for a limited permit to practice as a licensed behavior analyst shall:
    1. file an application with the department on a form provided by the department together with the statutory fee for the limited permit;
    2. meet all the requirements for licensure as a licensed behavior analyst, except the examination and/or experience requirements;
    3. be of good moral character as determined by the department; and (4) be under the supervision of a supervisor acceptable to the department in accordance with the requirements of section 79-17.2 of this Subpart for applicants for licensure as a licensed behavior analyst.
  2. The limited permit in applied behavior analysis shall be issued for specific employment setting(s), acceptable to the department in accordance with the requirements of section 79-17.2 of this Subpart for applicants for licensure as a licensed behavior analyst.
  3. The limited permit in applied behavior analysis shall be valid for a period of not more than 12 months, provided that a limited permit may be extended for an additional 12 months at the discretion of the department for good cause as determined by the department. The time authorized by such limited permit and subsequent extension shall not exceed 24 months in total.
  1. Nothing contained in this Subpart shall be construed to limit the scopes of practice of any other profession licensed under Title VIII of the Education Law.
  2. Nothing in this Subpart 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:
    1. by a Federal, State, county or municipal agency, or other political subdivision;
    2. by a chartered elementary or secondary school or degree-granting institution;
    3. 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 (1) of section 4410 of the Education Law; or
    4. in a setting to the extent that the exemption in paragraph (d) of subdivision (6) of section 4410 of the Education Law applies.
  3. Nothing in this Subpart shall be construed as prohibiting a certified 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 Department of Health to provide early intervention services pursuant to title 2-A of article 25 of the Public Health Law.
  4. Nothing in this Subpart 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 commissioner'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.
  5. Nothing in this Subpart shall be construed to affect or prevent a person without a license or other authorization pursuant to Title VIII of the Education Law from performing assessments, including collecting basic information, gathering demographic data, and making informal observations, for the purpose of determining need for services unrelated to an ABA plan. Further, licensure or authorization pursuant to article 167 of the Education Law shall not be required to create, develop or implement a service plan unrelated to an ABA plan. This Subpart shall not apply to behavioral health treatments other than ABA that may be provided to persons with autism spectrum disorder. A license under this Subpart shall not be required for persons to participate as a member of a multi-disciplinary team to implement an ABA plan; provided, however, that such team shall include one or more professionals licensed under articles 131, 153, 154, 163, or 167 of the Education Law; and provided further that the activities performed by members of the team shall be consistent with the scope of practice for each team member licensed or authorized under Title VIII of the Education Law, and those who are not so authorized may not engage in the following restricted practices: creation, modification or termination of an ABA plan; diagnosis of mental, emotional, behavioral, addictive and developmental disorders and disabilities; patient assessment and evaluating; provision of psychotherapeutic treatment; provision of treatment other than psychotherapeutic treatment; and development and implementation of assessment-based treatment plans, as defined in section 7701 of the Education Law. Provided further, however, that nothing in this subdivision shall be construed as requiring a license or authorization for any particular activity or function based solely on the fact that the activity or function is not listed in this subdivision. Provided further, however, that nothing in this subdivision shall authorize the delegation of restricted activities to an individual who is not appropriately licensed or authorized under Title VIII of the Education Law.
  6.  
    1. Except as provided in paragraph (2) of this subdivision, nothing in this Subpart shall be construed as prohibiting an early intervention ABA aide, pursuant to regulations promulgated by the commissioner of health, and acting under the supervision and direction of a qualified supervisor who is licensed or otherwise authorized pursuant to Title VIII of the Education Law from:
      1. assisting the supervisor and qualified personnel with the implementation of individual ABA plans;
      2. assisting in the recording and collection of data needed to monitor progress;
      3. participating in required team meetings; and
      4. completing any other activities as directed by his or her supervisor and as necessary to assist in the implementation of individual ABA plans.
    2. Nothing in this subdivision shall authorize the delegation of restricted activities to an individual who is not appropriately licensed or otherwise authorized under Title VIII of the Education Law; provided further however, that in regard to the early intervention program established pursuant to title 2-A of article 25 of the Public Health Law, an early intervention ABA aide under the supervision and direction of a qualified supervisor may complete activities necessary to assist in the implementation of an individual ABA plan, provided that such activities do not require professional skill or judgment.
  7. This Subpart shall not be construed to prohibit care delivered by any family member, household member or friend, or person employed primarily in a domestic capacity who does not hold himself or herself out, or accept employment, as a person licensed to practice applied behavior analysis under the provisions of Article 167 of the Education Law; provided that, if such person is remunerated, the person does not hold himself or herself out as one who accepts employment for performing such care.
  8. Nothing in this Subpart shall be construed as prohibiting programs certified by the office of alcoholism and substance abuse services from providing substance use disorder services for persons with autism and autism spectrum disorders and related disorders.
  9. Nothing in this Subpart shall be construed as prohibiting the activities and services required of a graduate of an educational program, acceptable to the department, seeking to complete supervised experience and/or examination requirements for certification or registration by a national certifying body having certification or registration standards acceptable to the commissioner; provided, however, that the graduate shall be under the supervision of a licensed behavior analyst who is licensed and registered in New York and employed by a setting authorized to provide applied behavior analysis services in New York, acceptable to the department.
    1. The supervising licensed behavior analyst shall submit, upon commencing the supervision of any graduate, or no later than ninety days after the effective date of this subdivision, on a form prescribed by the department, a sworn statement attesting to compliance with the requirements of this subdivision.
    2. Such use of a graduate shall subject the supervising licensed behavior analyst to the full disciplinary and regulatory authority of the board of regents and the department pursuant to this Title.
    3. The supervising licensed behavior analyst shall notify the patient or the person legally responsible for the patient if the patient is a minor, or other individual incapable of consenting, when services will be provided by a graduate under supervision.
    4. The supervising licensed behavior analyst shall remain responsible for services provided to the patient by the graduate and shall provide the patient or person legally responsible for the patient an opportunity to object to the use of a graduate to provide applied behavior analysis services under supervision.

As specified in section 8805(1) of the Education Law, an individual who meets the requirements for a license as a licensed behavior analyst, pursuant to section 8804(2) of the Education law, except for examination, experience and education, and who is certified or registered by a national certifying body having certification or registration standards acceptable to the commissioner, may be licensed without meeting additional requirements as to examination, experience and education. Provided, however, that such individual must submit an application for licensure and the required fee for licensure and initial registration to the department, and must be of good moral character, as determined by the department.