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History
- Referred to higher education
- Referred to higher education
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to an exemption for behavior analysis
Summary of specific provisions
Section one would add a new Section 7601-b to the education law to define behavior analysis. Section two would add a new subdivision nine to the Section 7605 of such law to exempt an individual who is a BCBA@ and solely conducting behavior analysis from licensure as a psychologist, provided such person does not hold him or herself out as a licensed professional and does not use such professional title.
Justification
The field of Behavior Analysis grew out of the scientific study of principles of learning. It has two main branches, experimental (EAB") and applied behavior analysis ("ABA"). EAB is the basic science of this field and has, over many decades, accumulated a substantial and well respected research literature. The literature provides the scientific foundation for ABA, which is both an applied science that develops methods for changing behavior and a distinct area that provides services to meet diverse behavioral needs. These individuals engage in the specific and comprehensive use of principles of learning, including operant and respondent learning, in order to address behavior needs of varying individuals in diverse settings. Such examples include: building the skills and achievement of children in school settings, including the creation of behavior intervention plans for committees on special education; enhancing the development, abilities and choice of children and adults with different kinds of disabilities, and augmenting the performance and satisfaction of employees in organizations and businesses.
Read the full memo (818 words)
The practice of behavior analysis is well developed and recognized both nationally and internationally. There is a well developed and well identified Behavior Analyst Certification Board @("Board). Established in May, 1998, the Board is a non-profit organization and was the result of the professional credentialing needs identified by behavior analysts in state governments as well as consumers. Information on the Board may be obtained at http://www.bacb.com.
While New York law already recognizes some exemptions for individuals who are in the employ of a federal, state, county or municipal agency, or other political subdivision, or a chartered elementary or secondary school or degree-granting educational institution insofar as such activities and services are a part of the duties of his salaried position, there is no assurance that these individuals are properly trained nor is this existing sitebased exemption strong enough to reach the proper individuals in this growing and needed area of behavior analysis. Effective treatment of autism spectrum disorders, in particular, requires specific training and experience in the application of behavior analysis. As of December 1,2006, according to the New York State Education Department ("Department"), there were 15,459 children between the ages of four and 21 that were identified with autism in New York, 11,569 (or over 70%) were between the ages of four and 13. These numbers according to the Department, have been increasing significantly since 2001 where only 7,918 children were so identified. (Education programs and services for students with autism, including Asperger's Syndrome, EMSC-VESID Committee Report, October 10, 2007, p. 3). The New York State Department of Health has specifically recognized behavior analysis as "an important element...J in the intervention program for young children with autism." (New York State Department of Health, Division of Family Health, Bureau of Early Intervention, Clinical Practice Guideline, Quick Ref. Guide, p. 33). Yet there is no recognition of the field of behavior analysis or regulation of the application of behavior analysis that would protect potential consumers of the empirically supported therapeutic approach.
College programs designed to provide the academic training in behavior analysis are already in place and supported in 10 New York colleges and universities with two additional programs in the process of being developed. These programs are geographically dispersed throughout New York and are located at both public and Private universities. SUNY Stony Brook and Binghamton, for instance, as well as Columbia. The Sage Colleges and the University of Rochester each have programs in the field of behavior analysis. These programs are not unique to New York, but are located at 135 colleges and universities throughout the world.
Other states, including California and Florida, have already recognized this trend and enacted similar legislation to fulfill this important state need. In situations where there was a need for separation in the professions, especially in the area of special disabilities, the New York Legislature has not hesitated to act either. For instance, in the area of Occupational Therapy (Article 156) Speech Therapy (Article 159), and physical therapy (Article 136), the education law has been amended to separate and provide for the expansion and growth of these important professions.
Prior legislative history
2008: S.8012 Higher Education Cmte.
Fiscal implications
Minimal.
Effective date
This act shall take effect January 1, 2010, but the State Education Department would be authorized to promulgate any necessary regulations prior to that date.
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