S. 4862--B 2
AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIR-
TY OF THIS TITLE APPLY TO THIS ARTICLE.
S 8801. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL
HAVE THE FOLLOWING MEANING:
"APPLIED BEHAVIOR ANALYSIS" OR "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 BEHAV-
IOR.
S 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS". 1.
THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "LICENSED BEHAVIOR
ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
RONMENTAL 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 DIAGNO-
SIS 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
AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS.
2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED BEHAVIOR
ANALYST ASSISTANT" MEANS THE SERVICES AND ACTIVITIES PROVIDED BY A
PERSON CERTIFIED IN ACCORDANCE WITH THIS ARTICLE WHO WORKS UNDER THE
SUPERVISION OF A LICENSED BEHAVIOR ANALYST TO PERFORM SUCH PATIENT
RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
ING LICENSED BEHAVIOR ANALYST. SUPERVISION OF A CERTIFIED BEHAVIOR
ANALYST ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
WITH REGULATIONS OF THE COMMISSIONER. NO LICENSED BEHAVIOR ANALYST
SHALL SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
SIS OF A DISORDER OR CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR
PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
4. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
(A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR
AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS
OR HER PROFESSION; OR
(B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
MEANS. INVASIVE PROCEDURE INCLUDES, BUT IS NOT LIMITED TO, SURGERY,
LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
THERAPY.
S 8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED BEHAVIOR
ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT". ONLY A PERSON
LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE APPLIED
BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS ARTI-
CLE SHALL USE THE TITLES "LICENSED BEHAVIOR ANALYST" OR "CERTIFIED
BEHAVIOR ANALYST ASSISTANT."
S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO
QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT, AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
S. 4862--B 3
(B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
(C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
(D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
(E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
(F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
(G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
OD.
2. TO QUALIFY FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST, AN APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
(B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR
HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
ANCE WITH THE COMMISSIONER'S REGULATIONS.
(C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS.
(D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
(E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
(F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
(G) FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
FOR A LICENSE OR CERTIFICATION AS A LICENSED BEHAVIOR ANALYST OR A
CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
ING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO
THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI-
TIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION,
PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
S 8806. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
THIS ARTICLE:
1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE
RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
S 8807. EXEMPTIONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
CONSTRUED TO LIMIT THE SCOPES OF PRACTICE OF ANY OTHER PROFESSION
LICENSED UNDER THIS TITLE.
S. 4862--B 4
2. NOTHING IN THIS ARTICLE 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:
A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
SUBDIVISION;
B. BY A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
INSTITUTION;
C. 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 ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER; OR
D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF
SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
APPLIES.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A CERTI-
FIED 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 DEPART-
MENT OF HEALTH TO PROVIDE EARLY INTERVENTION SERVICES PURSUANT TO TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
4. NOTHING IN THIS ARTICLE 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 COMMIS-
SIONER'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.
S 8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS
UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS
OF LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-
FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRETARY OF THE BOARD
SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
THE COMMISSIONER.
2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
FOLLOWING:
(A) THREE LICENSED BEHAVIOR ANALYSTS;
(B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
(C) ONE LICENSED PSYCHOLOGIST, WHO MAY CURRENTLY PRESCRIBE TREATMENT
INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
AND
(D) TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
S 2. Subparagraph (i) of paragraph a of subdivision 1 of section
6503-a of the education law, as added by chapter 130 of the laws of
2010, is amended to read as follows:
S. 4862--B 5
(i) services provided under article one hundred fifty-four [or], one
hundred sixty-three OR ONE HUNDRED SIXTY-SEVEN of this title for which
licensure would be required, or
S 3. Subdivision 4 of section 7605 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
4. The practice, conduct, activities, or services by any person
licensed or otherwise authorized to practice nursing as a registered
professional nurse or nurse practitioner within the state pursuant to
article one hundred thirty-nine of this title or by any person licensed
or otherwise authorized to practice social work within the state pursu-
ant to article one hundred fifty-four of this title, or by any person
licensed or otherwise authorized to practice mental health counseling,
marriage and family therapy, creative arts therapy, or psychoanalysis
within the state pursuant to article one hundred sixty-three of this
title, OR ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE
APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE
HUNDRED SIXTY-SEVEN OF THIS TITLE or any individual who is credentialed
under any law, including attorneys, rape crisis counselors, certified
alcoholism counselors, and certified substance abuse counselors from
providing mental health services within their respective established
authorities.
S 4. Subdivision 1 of section 7706 of the education law, as amended by
chapter 230 of the laws of 2004, is amended to read as follows:
1. Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform services as a physician
assistant within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
tice psychology within this state pursuant to article one hundred
fifty-three of this title or by any person licensed or otherwise author-
ized to practice nursing as a registered professional nurse or nurse
practitioner within this state pursuant to article one hundred thirty-
nine of this title or by any person licensed or otherwise authorized to
practice occupational therapy within this state pursuant to article one
hundred fifty-six of this title or by any person licensed or otherwise
authorized to practice mental health counseling, marriage and family
therapy, creative arts therapy, or psychoanalysis within the state
pursuant to article one hundred sixty-three of this title OR BY ANY
PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR
ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF
THIS TITLE; provided, however, that no physician, physician assistant,
registered professional nurse, nurse practitioner, psychologist, occupa-
tional therapist, licensed mental health counselor, licensed marriage
and family therapist, licensed creative arts therapist, [or] licensed
psychoanalyst, LICENSED BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST
ASSISTANT may use the titles "licensed clinical social worker" or
"licensed master social worker", unless licensed under this article.
S 5. Subdivision 1 of section 8410 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
1. Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article one hundred thirty-one of this
title or by any person registered to perform services as a physician
assistant within the state pursuant to article one hundred thirty-one-B
of this title or by any person licensed or otherwise authorized to prac-
S. 4862--B 6
tice psychology within this state pursuant to article one hundred
fifty-three of this title or by any person licensed or otherwise author-
ized to practice social work within this state pursuant to article one
hundred fifty-four of this title, or by any person licensed or otherwise
authorized to practice nursing as a registered professional nurse or
nurse practitioner within this state pursuant to article one hundred
thirty-nine of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
IZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO
ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE; provided, however, that
no physician, physician's assistant, registered professional nurse,
nurse practitioner, psychologist, licensed master social worker, [or]
licensed clinical social worker, LICENSED BEHAVIOR ANALYST OR CERTIFIED
BEHAVIOR ANALYST ASSISTANT may use the titles "licensed mental health
counselor", "licensed marriage and family therapist", "licensed creative
arts therapist", or "licensed psychoanalyst", unless licensed under this
article.
S 6. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state. With respect to a professional service limited liability
company formed to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education law, each
member of such limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability company
formed to provide professional engineering, land surveying, architec-
tural and/or landscape architectural services as such services are
defined in article 145, article 147 and article 148 of the education
law, each member of such limited liability company must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such professions in this state. With
respect to a professional service limited liability company formed to
provide licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed pursuant to article 154 of the
education law to practice licensed clinical social work in this state.
With respect to a professional service limited liability company formed
to provide creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163 of the education
S. 4862--B 7
law to practice creative arts therapy in this state. With respect to a
professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
article 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With respect to a
professional service limited liability company formed to provide mental
health counseling services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. With respect to a professional
service limited liability company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice psychoanalysis
in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
IN THIS STATE. In addition to engaging in such profession or
professions, a professional service limited liability company may engage
in any other business or activities as to which a limited liability
company may be formed under section two hundred one of this chapter.
Notwithstanding any other provision of this section, a professional
service limited liability company (i) authorized to practice law may
only engage in another profession or business or activities or (ii)
which is engaged in a profession or other business or activities other
than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
appeals.
S 7. Subdivision (b) of section 1207 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural and/or landscape architectural services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a professional service limited liability company formed
S. 4862--B 8
to provide licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed pursuant to article 154 of the
education law to practice licensed clinical social work in this state.
With respect to a professional service limited liability company formed
to provide creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect to a
professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
article 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With respect to a
professional service limited liability company formed to provide mental
health counseling services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. With respect to a professional
service limited liability company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice psychoanalysis
in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
IN THIS STATE.
S 8. Subdivision (a) of section 1301 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
S. 4862--B 9
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, architectural and/or landscape
architectural services as such services are defined in article 145,
article 147 and article 148 of the education law, each member of such
foreign professional service limited liability company must be licensed
pursuant to article 145, article 147 and/or article 148 of the education
law to practice one or more of such professions in this state. With
respect to a foreign professional service limited liability company
which provides licensed clinical social work services as such services
are defined in article 154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With respect to a foreign professional service
limited liability company which provides creative arts therapy services
as such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice creative arts therapy in this state. With respect to a foreign
professional service limited liability company which provides marriage
and family therapy services as such services are defined in article 163
of the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign professional service limited
liability company which provides psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 163 of the education law to practice
psychoanalysis in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES APPLIED BEHAVIOR ANALY-
SIS SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCA-
TION LAW, EACH MEMBER OF SUCH FOREIGN PROFESSIONAL SERVICE LIMITED
LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167
OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS
STATE.
S 9. Subdivision (q) of section 121-1500 of the partnership law, as
separately amended by chapters 420 and 676 of the laws of 2002, is
amended to read as follows:
S. 4862--B 10
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
Each partner of a registered limited liability partnership formed to
provide professional engineering, land surveying, architectural and/or
landscape architectural services in this state must be licensed pursuant
to article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions in this state. Each partner of
a registered limited liability partnership formed to provide licensed
clinical social work services in this state must be licensed pursuant to
article 154 of the education law to practice clinical social work in
this state. Each partner of a registered limited liability partnership
formed to provide creative arts therapy services in this state must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. Each partner of a registered limited
liability partnership formed to provide marriage and family therapy
services in this state must be licensed pursuant to article 163 of the
education law to practice marriage and family therapy in this state.
Each partner of a registered limited liability partnership formed to
provide mental health counseling services in this state must be licensed
pursuant to article 163 of the education law to practice mental health
counseling in this state. Each partner of a registered limited liability
partnership formed to provide psychoanalysis services in this state must
be licensed pursuant to article 163 of the education law to practice
psychoanalysis in this state. EACH PARTNER OF A REGISTERED LIMITED
LIABILITY PARTNERSHIP FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS
SERVICE IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE
167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS
STATE.
S 10. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws of 2004, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions. Each partner of a foreign limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law to prac-
tice licensed clinical social work in this state. Each partner of a
foreign limited liability partnership which provides creative arts ther-
S. 4862--B 11
apy services in this state must be licensed pursuant to article 163 of
the education law to practice creative arts therapy in this state. Each
partner of a foreign limited liability partnership which provides
marriage and family therapy services in this state must be licensed
pursuant to article 163 of the education law to practice marriage and
family therapy in this state. Each partner of a foreign limited liabil-
ity partnership which provides mental health counseling services in this
state must be licensed pursuant to article 163 of the education law to
practice mental health counseling in this state. Each partner of a
foreign limited liability partnership which provides psychoanalysis
services in this state must be licensed pursuant to article 163 of the
education law to practice psychoanalysis in this state. EACH PARTNER OF
A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES APPLIED BEHAVIOR
ANALYSIS SERVICES IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT
TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALY-
SIS IN THIS STATE.
S 11. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended to read
as follows:
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, licensed master social worker,
licensed clinical social worker, licensed creative arts therapist,
licensed marriage and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, [or] dental hygienist, LICENSED BEHAVIOR
ANALYST, OR CERTIFIED BEHAVIOR ANALYST ASSISTANT shall, in addition to
all the other licensure, certification or permit requirements, have
completed two hours of coursework or training regarding the identifica-
tion and reporting of child abuse and maltreatment. The coursework or
training shall be obtained from an institution or provider which has
been approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services law, including
but not limited to, when and how a report must be made, what other
actions the reporter is mandated or authorized to take, the legal
protections afforded reporters, and the consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse of individuals
with mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to the office of mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation showing that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training requirements to any applicant who requests such an
exemption and who shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training;
S. 4862--B 12
S 12. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 3 of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist; licensed marriage and family
therapist; licensed mental health counselor; licensed psychoanalyst;
LICENSED BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT; hospi-
tal personnel engaged in the admission, examination, care or treatment
of persons; a Christian Science practitioner; school official, which
includes but is not limited to school teacher, school guidance counse-
lor, school psychologist, school social worker, school nurse, school
administrator or other school personnel required to hold a teaching or
administrative license or certificate; social services worker; director
of a children's overnight camp, summer day camp or traveling summer day
camp, as such camps are defined in section thirteen hundred ninety-two
of the public health law; day care center worker; school-age child care
worker; provider of family or group family day care; or any other child
care or foster care worker; mental health professional; substance abuse
counselor; alcoholism counselor; all persons credentialed by the office
of alcoholism and substance abuse services; peace officer; police offi-
cer; district attorney or assistant district attorney; investigator
employed in the office of a district attorney; or other law enforcement
official.
S 13. a. Nothing in this act 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 by programs licensed, certified, operated, or
funded and regulated by the office for people with developmental disa-
bilities or the office of mental health; provided, however, that this
section shall not authorize the use of any title authorized pursuant to
article 167 of the education law; and provided further, however, that
this section shall be deemed repealed on July 1, 2018.
b. On or before September 1, 2016, the office for people with develop-
mental disabilities and the office of mental health as identified in
subdivision a of this section that licenses, certifies, operates or
funds and regulates programs that employ individuals to provide services
that would otherwise be restricted to individuals licensed or authorized
under article 167 of the education law, shall submit to the commissioner
of education, in such form and detail as requested by such commissioner,
data in relation to: the number of individuals employed in exempt
programs licensed, certified, operated, or funded and regulated by the
office for people with developmental disabilities on July 1, 2016 who
are providing services that would otherwise be restricted to those
licensed or authorized under article 167 of the education law; and the
S. 4862--B 13
occupational title of individuals who on July 1, 2016 are not licensed
or otherwise authorized under title 8 of the education law, and who are
engaged in the practice of applied behavior analysis for the purpose of
providing behavioral health treatment for persons with autism and autism
spectrum disorders and related disorders.
c. The commissioner of education, after receipt of this data and in
consultation with the office for people with developmental disabilities
and the office of mental health, not-for-profit providers, professional
associations, consumers and other key stakeholders, shall prepare a
report that recommends changes in any laws, rules or regulations neces-
sary to ensure appropriate licensure or other authorization of individ-
uals providing services that are within the restricted practice of
professions licensed or otherwise authorized under article 167 of the
education law. The report shall include an estimate of the fiscal impact
of any such recommended changes and, to the extent practicable, how such
recommendations will result in improved outcomes. The commissioner of
education shall submit the report to the governor, the speaker of the
assembly, the temporary president of the senate, and the chairs of the
senate and assembly higher education committees by January 1, 2017. The
commissioners of the agencies identified in subdivision a of this
section shall be provided an opportunity to include statements or alter-
native recommendations in such report.
S 14. If any section of article 167 of the education law, as added by
section one of this act, or part thereof, shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of any other section or part thereof.
S 15. The provisions of sections eleven and twelve of this act shall
not apply to persons applying for licensure or certification or to
persons licensed or certified pursuant to section 8805 of the education
law until such licensed or certified person re-registers their license
or certification in accordance with the provisions of paragraph g of
subdivisions 1 and 2 of section 8804 of the education law as added by
section one of this act.
S 16. This act shall take effect July 1, 2014: provided, however,
that if section 3 of part D of chapter 501 of the laws of 2012 is not in
effect on such date, then the amendments to paragraph (a) of subdivision
1 of section 413 of the social services law made by section twelve of
this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2012, takes effect; provided further that
sections six, seven, eight, nine and ten of this act and section 8805 of
the education law as added by section one of this act shall take effect
immediately; and provided further that effective immediately, the addi-
tion, amendment 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 and completed on or before such effective date.
