§ 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.

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
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 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
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 article shall be construed to affect or prevent a
person without a license or other authorization pursuant to this title
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 this article shall not
be required to create, develop or implement a service plan unrelated to
an ABA plan. This article shall not apply to behavioral health
treatments other than ABA that may be provided to persons with autism
spectrum disorder. A license under this article 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 this article or articles one
hundred thirty-one, one hundred fifty-three, one hundred fifty-four or
one hundred sixty-three of this chapter; 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 this
title, 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 seventy-seven hundred one of this title. 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
this title.

6. Nothing in this article 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 eight of this chapter from:

(a) assisting the supervisor and qualified personnel with the
implementation of individual ABA plans;

(b) assisting in the recording and collection of data needed to
monitor progress;

(c) participating in required team meetings; and

(d) completing any other activities as directed by his or her
supervisor and as necessary to assist in the implementation of
individual ABA plans.

Provided however, that nothing in this subdivision shall authorize the
delegation of restricted activities to an individual who is not
appropriately licensed or otherwise authorized under this title;
provided further however, that in regard to the early intervention
program established pursuant to title two-A of article twenty-five 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 article 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 this article; 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 article 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 article 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. 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. 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. 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. 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.