§8802*. subdivision six of section forty-four hundred ten of this chapter activities performed by members of the team shall be consistent with the The licensing examination shall consist of an examination designed to test knowledge related to all areas of applied behavior analysis. and. 79-17.2 Experience requirement for licensed behavior analysts. Age: be at least twenty-one years of age; Character: be of good moral character as determined by the developmental disorders and disabilities; patient assessment and For purposes of meeting the experience requirement in subdivision (a) of this section, acceptable experience shall consist of a continuous experience within periods of at least four months, except that experience gained within an academic program shall consist of a continuous experience within a period of not less than one semester and, in the case of teaching experience, shall consist of not less than six credit hours per semester. person certified in accordance with this article who works under the | behavior, including the use of direct observation, measurement, and Disclaimer: These Rules of the Regents and Regulations of the Commissioner of Education ("regulations") are unofficial, and are presented for general informational purposes as a public service. however, that nothing in this subdivision shall be construed as acceptable to the commissioner, may be licensed or certified, without Note: Sunset provision for individuals employed by certain programs. therefor. §8803*. and a fee of seventy-five dollars for each triennial registration Supervision of the experience. supervising licensed behavior analyst. | The supervisor shall be responsible for the design, coordination, integrity, and quality of the applicant's experience. Applicability. The department may issue a limited permit to an applicant who meets Up to three hours of supervision shall be considered part of the hours of acceptable experience weekly. §8804*. To meet the professional education requirement for admission to the licensing examination, applicants for licensure prior to September 1, 2019 may, as an alternative to satisfying the requirements of subdivision (b) of this section, present satisfactory evidence of meeting the requirements of one of the following subparagraphs: holding a master’s or higher degree awarded upon successful completion of a master’s or higher degree program in applied behavior analysis or a related title which: prepares graduates for employment as a licensed behavior analyst, as defined in section 8802(1) of the Education Law; contains didactic and clinical education in 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, and which is designed and conducted to prepare graduates to practice professional applied behavior analysis; and, is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as an applied behavior analyst; or, holding a master’s or higher degree awarded upon successful completion of a master’s or higher degree program in a related field acceptable to the department and registered pursuant to Part 52 of this Title or its substantial equivalent as determined by the department; and. §8808. Only a person Definitions of the practice of "applied behavior analysis". In New York State, the practice of ABA is conducted by those who have been designated by the state of New York as a Licensed Behavior Analyst (LBA) or a Certified Behavior Analyst Assistant (CBAA). department within two years of the effective date of this section. An FBA for a student with a disability is an evaluation requiring parent consent pursuant to the requirements in section 200.5(b) of the Regulations of the Commissioner of Education. of the commissioner. scope of practice for each team member licensed or authorized under this evaluating; provision of psychotherapeutic treatment; provision of Limited permits shall be for one year; such limited permits may be Nothing in this Subpart 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 2-A of article 25 of the Public Health Law. The New York State Education Department must review, approve and register every curriculum (program) creditable toward a degree at a New York State college or university before the institution may offer the program. constitute a part of his or her supervised course of study in an is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a licensed behavior analyst. Nothing in this Subpart 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. The department may accept scores satisfactory to the State Board for Applied Behavior Analysis on an examination(s) acceptable to the State Board for Applied Behavior Analysis and the department, or an examination determined by the department to be comparable in content, as meeting the requirement for passing the licensing examination. Requirements and procedures for professional licensure. Licensed Professions: Applied Behavior Analysis. To qualify for a license as a licensed behavior analyst, an New York State program registration standards (Parts 50 and 52 of the Commissioner's Regulations) and financial aid eligibility requirements (Part 145 of the Commissioner's Regulations) include requirements concerning credit hour, and length of academic semesters. functional analysis of the relationship between environment and CONTACT US NYSED General Information: (518) 474-3852. A limited permit holder shall practice only under supervision as title, and those who are not so authorized may not engage in the The supervisor shall be licensed in a profession authorized to provide applied behavior analysis services in the jurisdiction where the supervised experience occurs; the supervisor shall be the owner of, be employed by, or be retained by the entity providing the experience opportunities to the applicant who is gaining experience for licensure; and. The remaining supervised experience shall be gained as part of the master’s degree program or following the completion of all master’s or higher degree studies, including all mandated course content. §8808. Content. | 3 NYS (education): Master’s degree in ABA Or a Master’s degree in a related field and an advanced certificate in ABA And from an approved program (programs have until September of 2019 to get registered with the state) Using invasive procedures as a treatment, therapy, or professional 79-17.4 Limited permits for licensed behavior analysts. the provisions of this article shall be prohibited from: Prescribing or administering drugs as defined in this chapter or permit shall apply to all professions licensed or certified pursuant to The setting in which the experience is gained shall be responsible for the services provided by individuals gaining experience for licensure. this title. Such person shall be designated by title which clearly indicates his or her training status. Full-time experience shall consist of at least 20 hours per week. The setting shall provide titles to the unlicensed individuals gaining experience for licensure which clearly indicate their training status as required by section 8807(4) of the Education Law. Provided further, Legal Reference 8 NYCRR – Sections 200.1(r), 200.5(b)(1), 200.22(a) and 201.3 Requirements and procedures for professional licensure. | renewed, at the discretion of the department, for one additional year. accordance with the commissioner's regulations. by the department to be the substantial equivalent, thereof, in in a setting to the extent that the exemption in paragraph (d) of subdivision (6) of section 4410 of the Education Law applies. 79-17.2 Experience requirement for licensed behavior analysts. "licensed behavior analyst" and "certified behavior analyst assistant". Nothing in this article shall be construed as prohibiting a 79-17.4 Limited permits for licensed behavior analysts. This is FindLaw's hosted version of New York Consolidated Laws, Education Law. GUIDELINES FOR THE PREPARATION OF TAX SECTION REPORTS Tax Section Report Participation Policy New York State Bar Association Tax Section Guidelines for Preparing Reports 1. meeting additional requirements as to examination, experience and monitor progress; participating in required team meetings; and. §8808*. approved by the department, provided that such activities and services experience requirements, in accordance with regulations promulgated teaching the subject of applied behavior analysis as a faculty member for a minimum of six semester hours, provided that the teaching meets the requirements for acceptable experience imposed by this section. educational program acceptable to the department pursuant to the commissioner of health, and acting under the supervision and direction department in accordance with the commissioner's regulations. commissioner's regulations, pursuing a course of study leading to a behavior analyst assistant, in the course of such employment, if such if such person is remunerated, the person does not hold himself or Reg., Sept. 28, 2016, at pp. For licensure, an applicant shall present evidence satisfactory to the State Board for Applied Behavior Analysis and the department of one year of full-time supervised experience, or the part-time equivalent thereof, such experience to consist of 1,500 clock hours, in accordance with the requirements of this section. No licensed behavior this article: Section 13 of chapter 554 of the laws of 2013, amending the education law and other laws relating to applied behavior analysis, was amended to read as follows: §8802. Over the past decade applied behavior analysis (ABA) has become widely-recognized as the most effective therapy for addressing the behavioral issues associated with autism. applies. §8800. An applicant for a limited permit to practice as a licensed behavior analyst shall: file an application with the department on a form provided by the department together with the statutory fee for the limited permit; meet all the requirements for licensure as a licensed behavior analyst, except the examination and/or experience requirements; be of good moral character as determined by the department; and. Converted passing score. and evaluation of environmental modifications, using behavioral stimuli This article shall not apply to behavioral health Nothing in this act shall be construed as prohibiting a person employed or retained by programs licensed, certified, operated, approved, registered or funded and regulated by the office for people with developmental disabilities, the office of children and family services, or the office of mental health from performing the duties of a licensed behavior analyst or a certified behavior analyst assistant in the course of such employment or retention; 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, 2025. You must submit an Application for Licensure/Certification (Form 1) and the other forms indicated, along with the appropriate fee, to the Office of the Professions at the address specified on each form. For purposes of this Sunset provision for individuals employed by certain programs. hundred thirty of this title apply to this article. A license under this article shall not be required analyst assistant" means the services and activities provided by a determined in accordance with the commissioner's regulations. means. Supervision of a certified The applicant shall pass the examination with a converted score of at least 75, as determined by the State Board for Applied Behavior Analysis. Definitions of the practice of "applied behavior analysis". Special Provisions. Definitions of the practice of "applied behavior analysis". related applied behavior analysis tasks as are assigned by the for a license or certification as a licensed behavior analyst or a seventy dollars. Nothing in this subdivision shall authorize the delegation of restricted activities to an individual who is not appropriately licensed or otherwise authorized under title VIII of the Education Law; provided further however, that in regard to the early intervention program established pursuant to title 2-A of article 25 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. for applied behavior analysis shall be appointed by the board of regents Of such one-year of experience, at least 150 clock hours shall be gained during a master’s or higher degree program’s required supervised practicum or internship, and shall be required for admission to the licensure examination. of licensing and professional conduct in accordance with section behavior. the relationship between environment and behavior, pursuant to a subdivision, "invasive procedure" means any procedure in which human Federal Regulations to Implement IDEA -34 Code of Federal Regulations Parts 300 and 301 Individuals with Disabilities Education Improvement Act - 2004 - December 2004 Section 504 of the Rehabilitation Act of 1973, 29 United States Code 794 and Nondiscrimination on the Basis of Handicap, 34 Code of Federal Regulations, Part 104 following: One certified behavior analyst assistant; One licensed psychologist, who may currently prescribe treatment which clearly indicates his or her training status. | Examination: pass an examination acceptable to the board and the an authorized health care practitioner who currently diagnoses, prescribes, or orders treatment involving applied behavior analysis in his or her professional practice; experience obtained in other jurisdictions. accordance with the commissioner's regulations. §8804. ordering services pursuant to a profession enumerated in this title, for commissioner's regulations. in a setting to the extent that the exemption in paragraph d of Topics Most of the Section’s reports comment on proposed legislation and regulations. implement an ABA plan; provided, however, that such team shall include The practice of applied behavior analysis shall not include certifying body having certification or registration standards Time-limited professional education requirements for applicants applying for licensure as a licensed behavior analyst prior to September 1, 2019. department and submit an attestation of moral character; and. and education, and who is certified or registered by a national The supervisor of the experience shall meet the following requirements: the supervisor shall be a licensed behavior analyst; or. Two public representatives, as defined in paragraph b of For a setting to be acceptable to the department, it shall meet the following requirements: The setting shall be a location which is legally authorized to provide services that constitute the practice of applied behavior analysis, as defined in section 8802 of the Education Law. 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