§ 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
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 purposes of
this section, prescriptions or orders for behavioral health treatment
provided by a licensed behavior analyst shall be limited to providing
treatment to individuals with behavioral health conditions that appear
in the most recent edition of the diagnostic and statistical manual of
mental disorders, published by the American Psychiatric Association, or
an equivalent classification system as determined by the department. In
addition, licensed behavior analysts providing services pursuant to a
prescription or order, as authorized by this section, shall provide a
report at least annually regarding the status of the individual served
to the licensed person prescribing or ordering such service or more
frequently, if needed, in order to report significant changes in the
condition of the individual.

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
supervising 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
diagnosis 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.