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
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.