N.Y. Education Law § 8802: Definition of the practice of "applied behavior analysis"

§ 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.