Provides for the regulation of the profession and practice of applied behavior analysis

Summary of 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 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 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 prowess, participation 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 character and fee requirements for an applicant to apply to the State Education Department (SED) for licensure as a behavior analyst or certification 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 provide 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.

Section 6-10 requires 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 maltreatment.

Section 13 sets forth exemptions from licensure and certification for individuals employed by programs licensed, certified, operated, or funded and regulated by the Office for People with Developmental Disabilities (OPWDD) or the Office of Mental Health (OMH) until July 1, 2018; requires OPWDD and OMH on or before September 1, 2016, to submit relevant 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 individuals 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 discipline 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 literature 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 Individual Educational Plans and Individual Family Support Plans; enhancing the functioning of children and adults with various diagnoses; and augmenting 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 II 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-method) 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 children 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 hospitalizations (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 (Article 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.

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.