Bill Text: NY A06963 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the regulation of the profession and practice of applied behavior analysis.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2014-01-10 - approval memo.17 [A06963 Detail]

Download: New_York-2013-A06963-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6963
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 26, 2013
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Higher Education
       AN ACT to amend the education law, in relation to applied behavior anal-
         ysis
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new article 167 to
    2  read as follows:
    3                                 ARTICLE 167
    4                          APPLIED BEHAVIOR ANALYSIS
    5  SECTION 8800. INTRODUCTION.
    6          8801. DEFINITIONS.
    7          8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".
    8          8803. THE  PRACTICE  OF  AND  USE OF THE TITLE "LICENSED APPLIED
    9                  BEHAVIOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR  ANALY-
   10                  SIS ASSISTANT".
   11          8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
   12          8805. SPECIAL PROVISIONS.
   13          8806. LIMITED PERMITS.
   14          8807. EXEMPTIONS.
   15          8808. STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS.
   16    S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
   17  TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
   18  APPLIED  BEHAVIOR  ANALYST"  AND  "CERTIFIED  APPLIED  BEHAVIOR ANALYSIS
   19  ASSISTANT." THE GENERAL PROVISIONS  FOR  ALL  PROFESSIONS  CONTAINED  IN
   20  ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   21    S 8801. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL
   22  HAVE THE FOLLOWING MEANING:
   23    "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS THE DESIGN, IMPLEMENTATION,
   24  AND  EVALUATION OF ENVIRONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI
   25  AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT  IN  HUMAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08806-06-3
       A. 6963                             2
    1  BEHAVIOR,  INCLUDING  THE  USE  OF  DIRECT OBSERVATION, MEASUREMENT, AND
    2  FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT  AND  BEHAV-
    3  IOR.
    4    S 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS".  1.
    5  THE  PRACTICE  OF  "LICENSED  APPLIED  BEHAVIOR  ANALYST" SHALL MEAN THE
    6  DESIGN, IMPLEMENTATION AND EVALUATION  OF  ENVIRONMENTAL  MODIFICATIONS,
    7  USING  BEHAVIORAL  STIMULI AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIF-
    8  ICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING THE USE OF DIRECT  OBSER-
    9  VATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN
   10  ENVIRONMENT  AND  BEHAVIOR,  PURSUANT TO A DIAGNOSIS AND PRESCRIPTION OR
   11  ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE AUTHORIZED  TO  PROVIDE
   12  SUCH  DIAGNOSTIC  AND  PRESCRIPTION  OR  ORDERING SERVICES PURSUANT TO A
   13  PROFESSION ENUMERATED IN THIS TITLE, FOR THE PURPOSE OF PROVIDING BEHAV-
   14  IORAL HEALTH SERVICES FOR PERSONS WITH AUTISM AND AUTISM SPECTRUM DISOR-
   15  DERS; AND INCLUDES THE SUPERVISION OF CERTIFIED APPLIED BEHAVIOR  ANALY-
   16  SIS ASSISTANTS IN THE PROVISION OF ABA SERVICES TO INDIVIDUALS.
   17    2.  THE  PRACTICE  OF  "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT"
   18  MEANS THE SERVICES AND ACTIVITIES PROVIDED  BY  A  PERSON  CERTIFIED  IN
   19  ACCORDANCE  WITH  THIS  ARTICLE  WHO  WORKS  UNDER  THE SUPERVISION OF A
   20  LICENSED APPLIED  BEHAVIOR  ANALYST  TO  PERFORM  SUCH  PATIENT  RELATED
   21  APPLIED  BEHAVIOR  ANALYSIS  TASKS  AS  ARE  ASSIGNED BY THE SUPERVISING
   22  LICENSED APPLIED BEHAVIOR ANALYST.  SUPERVISION OF A  CERTIFIED  APPLIED
   23  BEHAVIOR ANALYSIS ASSISTANT BY A LICENSED APPLIED BEHAVIOR ANALYST SHALL
   24  BE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER.
   25    3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
   26  SIS  OF  A  DISORDER  OR  CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR
   27  PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
   28    4. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES  FROM
   29  THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
   30    (A)  PRESCRIBING  OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR
   31  AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF  HIS
   32  OR HER PROFESSION; OR
   33    (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
   34  SERVICE  IN THE PRACTICE OF HIS OR HER PROFESSION.  FOR PURPOSES OF THIS
   35  SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY  PROCEDURE  IN  WHICH  HUMAN
   36  TISSUE  IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
   37  MEANS. INVASIVE PROCEDURE INCLUDES, BUT  IS  NOT  LIMITED  TO,  SURGERY,
   38  LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
   39  THERAPY.
   40    S  8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED APPLIED BEHAV-
   41  IOR ANALYST" OR "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT".  ONLY A
   42  PERSON LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE  SHALL  PRACTICE
   43  APPLIED  BEHAVIOR  ANALYSIS.  ONLY  A PERSON LICENSED OR CERTIFIED UNDER
   44  THIS ARTICLE SHALL USE THE TITLES "LICENSED APPLIED BEHAVIOR ANALYST" OR
   45  "CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT" OR ANY OTHER DESIGNATION
   46  TENDING TO IMPLY THAT THE PERSON IS LICENSED OR  CERTIFIED  TO  PRACTICE
   47  APPLIED BEHAVIOR ANALYSIS.
   48    S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.  1. TO
   49  QUALIFY  FOR  CERTIFICATION  AS  A  CERTIFIED  APPLIED BEHAVIOR ANALYSIS
   50  ASSISTANT, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   51    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   52    (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A  BACHELOR'S  OR
   53  HIGHER  DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
   54  BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF,  IN  ACCORD-
   55  ANCE WITH THE COMMISSIONER'S REGULATIONS.
       A. 6963                             3
    1    (C)  EXPERIENCE:  HAVE  EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
    2  ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
    3  THE COMMISSIONER'S REGULATIONS.
    4    (D)  EXAMINATION:  PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
    5  DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
    6    (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
    7    (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
    8  MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
    9    (G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
   10  AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION  PERI-
   11  OD.
   12    2. TO QUALIFY FOR A LICENSE AS A LICENSED APPLIED BEHAVIOR ANALYST, AN
   13  APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   14    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   15    (B)  EDUCATION:  HAVE  RECEIVED  AN EDUCATION, INCLUDING A MASTER'S OR
   16  HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
   17  BY  THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
   18  ANCE WITH THE COMMISSIONER'S REGULATIONS.
   19    (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE  OF  APPLIED  BEHAVIOR
   20  ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
   21  THE COMMISSIONER'S REGULATIONS.
   22    (D)  EXAMINATION:  PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
   23  DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   24    (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   25    (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   26  MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
   27    (G) FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
   28  FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   29    S 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
   30  FOR A LICENSE OR CERTIFICATION AS A LICENSED APPLIED BEHAVIOR ANALYST OR
   31  A CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT, EXCEPT FOR EXAMINATION,
   32  EXPERIENCE  AND  EDUCATION,  AND  WHO  IS  CERTIFIED  OR REGISTERED BY A
   33  NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION  STANDARDS
   34  ACCEPTABLE  TO  THE  COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT
   35  MEETING ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCA-
   36  TION, PROVIDED THAT  SUCH  INDIVIDUAL  SUBMITS  AN  APPLICATION  TO  THE
   37  DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   38    S  8806.  LIMITED  PERMITS.   THE FOLLOWING REQUIREMENTS FOR A LIMITED
   39  PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT  TO
   40  THIS ARTICLE:
   41    1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
   42  ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
   43  ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   44    2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY  BE
   45  RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   46    3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
   47  SEVENTY DOLLARS.
   48    4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY  UNDER  SUPERVISION  AS
   49  DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   50    S  8807.  EXEMPTIONS.  1.  NOTHING  CONTAINED IN THIS ARTICLE SHALL BE
   51  CONSTRUED TO LIMIT THE  SCOPES  OF  PRACTICE  OF  ANY  OTHER  PROFESSION
   52  LICENSED UNDER THIS TITLE.
   53    2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
   54  EMPLOYED BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLI-
   55  TICAL SUBDIVISION, OR A CHARTERED  ELEMENTARY  OR  SECONDARY  SCHOOL  OR
   56  DEGREE-GRANTING  INSTITUTION,  OR  AS  A  CERTIFIED  TEACHER OR TEACHING
       A. 6963                             4
    1  ASSISTANT, OTHER THAN A PUPIL PERSONNEL  SERVICES  PROFESSIONAL,  IN  AN
    2  APPROVED PROGRAM AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION
    3  FORTY-FOUR  HUNDRED  TEN OF THIS CHAPTER, OR OTHER SETTING TO THE EXTENT
    4  THAT  THE  EXEMPTION  IN  PARAGRAPH  D  OF  SUBDIVISION  SIX  OF SECTION
    5  FORTY-FOUR HUNDRED TEN OF THIS  CHAPTER  APPLIES,  FROM  PERFORMING  THE
    6  DUTIES  OF  A  LICENSED  APPLIED BEHAVIOR ANALYST OR A CERTIFIED APPLIED
    7  BEHAVIOR ANALYSIS ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT.
    8    3. NOTHING IN THE ARTICLE SHALL BE CONSTRUED AS PROHIBITING THE ACTIV-
    9  ITIES AND SERVICES REQUIRED OF A STUDENT,  INTERN,  OR  RESIDENT  IN  AN
   10  EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
   11  SIONER'S  REGULATIONS,  PURSUING A COURSE OF STUDY LEADING TO A BACHELOR
   12  OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE  DEPARTMENT
   13  PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
   14  THE  DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A
   15  PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL  PROGRAM
   16  ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
   17  SUCH  PERSON  SHALL  BE DESIGNED BY TITLE WHICH CLEARLY INDICATES HIS OR
   18  HER TRAINING STATUS.
   19    S 8808. STATE COMMITTEE FOR APPLIED BEHAVIOR ANALYSIS.    1.  A  STATE
   20  COMMITTEE  FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD
   21  OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL  ASSIST
   22  ON  MATTERS  OF  LICENSURE  AND  PROFESSIONAL CONDUCT IN ACCORDANCE WITH
   23  SECTION SIXTY-FIVE HUNDRED EIGHT  OF  THIS  TITLE.  NOTWITHSTANDING  THE
   24  PROVISIONS  OF  SECTION  SIXTY-FIVE  HUNDRED  EIGHT  OF  THIS TITLE, THE
   25  COMMITTEE SHALL ASSIST THE BOARD FOR MENTAL HEALTH PRACTITIONERS  SOLELY
   26  IN  APPLIED  BEHAVIOR  ANALYSIS MATTERS, WHICH BOARD SHALL ALSO SERVE AS
   27  THE STATE BOARD FOR APPLIED BEHAVIOR  ANALYSIS.  MEMBERS  OF  THE  FIRST
   28  COMMITTEE  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
   29  NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE COMMITTEE.
   30    2. THE COMMITTEE SHALL CONSIST OF FIVE INDIVIDUALS, TO BE COMPOSED  OF
   31  THE FOLLOWING:
   32    (A)  THREE LICENSED APPLIED BEHAVIOR ANALYSTS, OR TWO LICENSED APPLIED
   33  BEHAVIOR ANALYSTS AND ONE CERTIFIED APPLIED BEHAVIOR ANALYSIS ASSISTANT;
   34    (B) ONE LICENSED  PSYCHOLOGIST,  WHO  CURRENTLY  PRESCRIBES  TREATMENT
   35  INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
   36    (C)  ONE MENTAL HEALTH PRACTITIONER LICENCED UNDER ARTICLE ONE HUNDRED
   37  SIXTY-THREE OF THIS TITLE; AND
   38    (D) A PUBLIC REPRESENTATIVE, AS DEFINED IN PARAGRAPH B OF  SUBDIVISION
   39  ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
   40    S  2.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
   41  6503-a of the education law, as added by chapter  130  of  the  laws  of
   42  2010, is amended to read as follows:
   43    (i)  services  provided under article one hundred fifty-four [or], one
   44  hundred sixty-three OR ONE HUNDRED SIXTY-SEVEN of this title  for  which
   45  licensure would be required, or
   46    S 3. Subdivision 4 of section 7605 of the education law, as amended by
   47  chapter 210 of the laws of 2004, is amended to read as follows:
   48    4.  The  practice,  conduct,  activities,  or  services  by any person
   49  licensed or otherwise authorized to practice  nursing  as  a  registered
   50  professional  nurse  or  nurse practitioner within the state pursuant to
   51  article one hundred thirty-nine of this title or by any person  licensed
   52  or  otherwise authorized to practice social work within the state pursu-
   53  ant to article one hundred fifty-four of this title, or  by  any  person
   54  licensed  or  otherwise authorized to practice mental health counseling,
   55  marriage and family therapy, creative arts  therapy,  or  psychoanalysis
   56  within  the  state  pursuant  to article one hundred sixty-three of this
       A. 6963                             5
    1  title, OR ANY  PERSON  LICENSED  OR  OTHERWISE  AUTHORIZED  TO  PRACTICE
    2  APPLIED  BEHAVIOR  ANALYSIS  WITHIN  THE  STATE  PURSUANT TO ARTICLE ONE
    3  HUNDRED SIXTY-SEVEN OF THIS TITLE or any individual who is  credentialed
    4  under  any  law,  including attorneys, rape crisis counselors, certified
    5  alcoholism counselors, and certified  substance  abuse  counselors  from
    6  providing  mental  health  services  within their respective established
    7  authorities.
    8    S 4. Subdivision 1 of section 7706 of the education law, as amended by
    9  chapter 230 of the laws of 2004, is amended to read as follows:
   10    1. Apply to the practice, conduct, activities, services or use of  any
   11  title  by  any person licensed or otherwise authorized to practice medi-
   12  cine within the state pursuant to article one hundred thirty-one of this
   13  title or by any person registered to perform  services  as  a  physician
   14  assistant  within the state pursuant to article one hundred thirty-one-B
   15  of this title or by any person licensed or otherwise authorized to prac-
   16  tice psychology within  this  state  pursuant  to  article  one  hundred
   17  fifty-three of this title or by any person licensed or otherwise author-
   18  ized  to  practice  nursing  as a registered professional nurse or nurse
   19  practitioner within this state pursuant to article one  hundred  thirty-
   20  nine  of this title or by any person licensed or otherwise authorized to
   21  practice occupational therapy within this state pursuant to article  one
   22  hundred  fifty-six  of this title or by any person licensed or otherwise
   23  authorized to practice mental health  counseling,  marriage  and  family
   24  therapy,  creative  arts  therapy,  or  psychoanalysis  within the state
   25  pursuant to article one hundred sixty-three of  this  title  OR  BY  ANY
   26  PERSON  LICENSED  OR  OTHERWISE  AUTHORIZED TO PRACTICE APPLIED BEHAVIOR
   27  ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF
   28  THIS TITLE; provided, however, that no physician,  physician  assistant,
   29  registered professional nurse, nurse practitioner, psychologist, occupa-
   30  tional  therapist,  licensed  mental health counselor, licensed marriage
   31  and family therapist, licensed creative arts  therapist,  [or]  licensed
   32  psychoanalyst,  LICENSED  APPLIED  BEHAVIOR ANALYST OR CERTIFIED APPLIED
   33  BEHAVIOR ANALYSIS ASSISTANT may use the titles "licensed clinical social
   34  worker" or "licensed master social worker", unless licensed  under  this
   35  article.
   36    S 5. Subdivision 1 of section 8410 of the education law, as amended by
   37  chapter 210 of the laws of 2004, is amended to read as follows:
   38    1.  Apply to the practice, conduct, activities, services or use of any
   39  title by any person licensed or otherwise authorized to  practice  medi-
   40  cine within the state pursuant to article one hundred thirty-one of this
   41  title  or  by  any  person registered to perform services as a physician
   42  assistant within the state pursuant to article one hundred  thirty-one-B
   43  of this title or by any person licensed or otherwise authorized to prac-
   44  tice  psychology  within  this  state  pursuant  to  article one hundred
   45  fifty-three of this title or by any person licensed or otherwise author-
   46  ized to practice social work within this state pursuant to  article  one
   47  hundred fifty-four of this title, or by any person licensed or otherwise
   48  authorized  to  practice  nursing  as a registered professional nurse or
   49  nurse practitioner within this state pursuant  to  article  one  hundred
   50  thirty-nine of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
   51  IZED  TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO
   52  ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE; provided,  however,  that
   53  no  physician,  physician's  assistant,  registered  professional nurse,
   54  nurse practitioner, psychologist, licensed master  social  worker,  [or]
   55  licensed  clinical  social  worker, LICENSED APPLIED BEHAVIOR ANALYST OR
   56  CERTIFIED  APPLIED  BEHAVIOR  ANALYSIS  ASSISTANT  may  use  the  titles
       A. 6963                             6
    1  "licensed mental health counselor", "licensed marriage and family thera-
    2  pist",  "licensed creative arts therapist", or "licensed psychoanalyst",
    3  unless licensed under this article.
    4    S  6.  If any section of article 167 of the education law, as added by
    5  section one of this act, or part thereof, shall be adjudged by any court
    6  of competent jurisdiction to be invalid, such judgment shall not affect,
    7  impair or invalidate the remainder of any other section or part thereof.
    8    S 7. This act shall take effect July 1, 2014, provided, however,  that
    9  section  8805  of  the education law as added by section one of this act
   10  shall take effect immediately; and provided further that effective imme-
   11  diately, the addition, amendment and/or repeal of any rule or regulation
   12  necessary for the implementation of this act on its effective  date  are
   13  authorized  and  directed  to  be  made  and completed on or before such
   14  effective date.
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