Bill Text: NY A06963 | 2013-2014 | General Assembly | Amended
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-Amended.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-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6963--A
2013-2014 Regular Sessions
I N A S S E M B L Y
April 26, 2013
___________
Introduced by M. of A. MORELLE, ZEBROWSKI -- read once and referred to
the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, the limited liability company law,
the partnership law and the social services law, in relation to
applied behavior analysis
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 BEHAVIOR
9 ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT".
10 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE.
11 8805. SPECIAL PROVISIONS.
12 8806. LIMITED PERMITS.
13 8807. EXEMPTIONS.
14 8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS.
15 S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
16 TICE OF APPLIED BEHAVIOR ANALYSIS AND TO THE USE OF THE TITLES "LICENSED
17 BEHAVIOR ANALYST" AND "CERTIFIED BEHAVIOR ANALYST ASSISTANT". THE GENER-
18 AL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIR-
19 TY OF THIS TITLE APPLY TO THIS ARTICLE.
20 S 8801. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERM SHALL
21 HAVE THE FOLLOWING MEANING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08806-13-3
A. 6963--A 2
1 "APPLIED BEHAVIOR ANALYSIS" OR "ABA" MEANS THE DESIGN, IMPLEMENTATION,
2 AND EVALUATION OF ENVIRONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI
3 AND CONSEQUENCES, TO PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN
4 BEHAVIOR, INCLUDING THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND
5 FUNCTIONAL ANALYSIS OF THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAV-
6 IOR.
7 S 8802. DEFINITION OF THE PRACTICE OF "APPLIED BEHAVIOR ANALYSIS". 1.
8 THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "LICENSED BEHAVIOR
9 ANALYST" SHALL MEAN THE DESIGN, IMPLEMENTATION AND EVALUATION OF ENVI-
10 RONMENTAL MODIFICATIONS, USING BEHAVIORAL STIMULI AND CONSEQUENCES, TO
11 PRODUCE SOCIALLY SIGNIFICANT IMPROVEMENT IN HUMAN BEHAVIOR, INCLUDING
12 THE USE OF DIRECT OBSERVATION, MEASUREMENT, AND FUNCTIONAL ANALYSIS OF
13 THE RELATIONSHIP BETWEEN ENVIRONMENT AND BEHAVIOR, PURSUANT TO A DIAGNO-
14 SIS AND PRESCRIPTION OR ORDER FROM A PERSON WHO IS LICENSED OR OTHERWISE
15 AUTHORIZED TO PROVIDE SUCH DIAGNOSIS AND PRESCRIPTION OR ORDERING
16 SERVICES PURSUANT TO A PROFESSION ENUMERATED IN THIS TITLE, FOR THE
17 PURPOSE OF PROVIDING BEHAVIORAL HEALTH TREATMENT FOR PERSONS WITH AUTISM
18 AND AUTISM SPECTRUM DISORDERS AND RELATED DISORDERS; AND INCLUDES THE
19 SUPERVISION OF CERTIFIED BEHAVIOR ANALYST ASSISTANTS IN THE PROVISION OF
20 ABA SERVICES TO INDIVIDUALS.
21 2. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS BY A "CERTIFIED BEHAVIOR
22 ANALYST ASSISTANT" MEANS THE SERVICES AND ACTIVITIES PROVIDED BY A
23 PERSON CERTIFIED IN ACCORDANCE WITH THIS ARTICLE WHO WORKS UNDER THE
24 SUPERVISION OF A LICENSED BEHAVIOR ANALYST TO PERFORM SUCH PATIENT
25 RELATED APPLIED BEHAVIOR ANALYSIS TASKS AS ARE ASSIGNED BY THE SUPERVIS-
26 ING LICENSED BEHAVIOR ANALYST. SUPERVISION OF A CERTIFIED BEHAVIOR
27 ANALYST ASSISTANT BY A LICENSED BEHAVIOR ANALYST SHALL BE IN ACCORDANCE
28 WITH REGULATIONS OF THE COMMISSIONER. NO LICENSED BEHAVIOR ANALYST
29 SHALL SUPERVISE MORE THAN SIX CERTIFIED BEHAVIOR ANALYST ASSISTANTS.
30 3. THE PRACTICE OF APPLIED BEHAVIOR ANALYSIS SHALL NOT INCLUDE DIAGNO-
31 SIS OF A DISORDER OR CONDITION FOR WHICH ABA MAY BE APPROPRIATE, OR
32 PRESCRIBING OR ORDERING ABA FOR A PARTICULAR INDIVIDUAL.
33 4. ANY INDIVIDUAL WHOSE LICENSE OR AUTHORITY TO PRACTICE DERIVES FROM
34 THE PROVISIONS OF THIS ARTICLE SHALL BE PROHIBITED FROM:
35 (A) PRESCRIBING OR ADMINISTERING DRUGS AS DEFINED IN THIS CHAPTER OR
36 AS A TREATMENT, THERAPY, OR PROFESSIONAL SERVICE IN THE PRACTICE OF HIS
37 OR HER PROFESSION; OR
38 (B) USING INVASIVE PROCEDURES AS A TREATMENT, THERAPY, OR PROFESSIONAL
39 SERVICE IN THE PRACTICE OF HIS OR HER PROFESSION. FOR PURPOSES OF THIS
40 SUBDIVISION, "INVASIVE PROCEDURE" MEANS ANY PROCEDURE IN WHICH HUMAN
41 TISSUE IS CUT, ALTERED, OR OTHERWISE INFILTRATED BY MECHANICAL OR OTHER
42 MEANS. INVASIVE PROCEDURE INCLUDES, BUT IS NOT LIMITED TO, SURGERY,
43 LASERS, IONIZING RADIATION, THERAPEUTIC ULTRASOUND, OR ELECTROCONVULSIVE
44 THERAPY.
45 S 8803. THE PRACTICE OF AND USE OF THE TITLE "LICENSED BEHAVIOR
46 ANALYST" OR "CERTIFIED BEHAVIOR ANALYST ASSISTANT". ONLY A PERSON
47 LICENSED, CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE APPLIED
48 BEHAVIOR ANALYSIS. ONLY A PERSON LICENSED OR CERTIFIED UNDER THIS ARTI-
49 CLE SHALL USE THE TITLES "LICENSED BEHAVIOR ANALYST" OR "CERTIFIED
50 BEHAVIOR ANALYST ASSISTANT" OR ANY OTHER DESIGNATION TENDING TO IMPLY
51 THAT THE PERSON IS LICENSED OR CERTIFIED TO PRACTICE APPLIED BEHAVIOR
52 ANALYSIS.
53 S 8804. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE. 1. TO
54 QUALIFY FOR CERTIFICATION AS A CERTIFIED BEHAVIOR ANALYST ASSISTANT, AN
55 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
56 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
A. 6963--A 3
1 (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
2 HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
3 BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
4 ANCE WITH THE COMMISSIONER'S REGULATIONS.
5 (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
6 ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
7 THE COMMISSIONER'S REGULATIONS.
8 (D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
9 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
10 (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
11 (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
12 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
13 (G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL LICENSE
14 AND A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERI-
15 OD.
16 2. TO QUALIFY FOR A LICENSE AS A LICENSED BEHAVIOR ANALYST, AN APPLI-
17 CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
18 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
19 (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A MASTER'S OR
20 HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR DETERMINED
21 BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT, THEREOF, IN ACCORD-
22 ANCE WITH THE COMMISSIONER'S REGULATIONS.
23 (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF APPLIED BEHAVIOR
24 ANALYSIS SATISFACTORY TO THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH
25 THE COMMISSIONER'S REGULATIONS.
26 (D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD AND THE
27 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
28 (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
29 (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
30 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
31 (G) FEE: PAY A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A
32 FEE OF ONE HUNDRED DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
33 S 8805. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
34 FOR A LICENSE OR CERTIFICATION AS A LICENSED BEHAVIOR ANALYST OR A
35 CERTIFIED BEHAVIOR ANALYST ASSISTANT, EXCEPT FOR EXAMINATION, EXPERIENCE
36 AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFY-
37 ING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO
38 THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDI-
39 TIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION,
40 PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
41 WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
42 S 8806. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
43 PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
44 THIS ARTICLE:
45 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
46 ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
47 ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
48 2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE
49 RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
50 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
51 SEVENTY DOLLARS.
52 4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
53 DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
54 S 8807. EXEMPTIONS. 1. NOTHING CONTAINED IN THIS ARTICLE SHALL BE
55 CONSTRUED TO LIMIT THE SCOPES OF PRACTICE OF ANY OTHER PROFESSION
56 LICENSED UNDER THIS TITLE.
A. 6963--A 4
1 2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
2 FROM PERFORMING THE DUTIES OF A LICENSED BEHAVIOR ANALYST OR A CERTIFIED
3 BEHAVIOR ANALYST ASSISTANT, IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH
4 PERSON IS EMPLOYED:
5 A. BY A FEDERAL, STATE, COUNTY OR MUNICIPAL AGENCY, OR OTHER POLITICAL
6 SUBDIVISION;
7 B. BY A CHARTERED ELEMENTARY OR SECONDARY SCHOOL OR DEGREE-GRANTING
8 INSTITUTION;
9 C. AS A CERTIFIED TEACHER OR TEACHING ASSISTANT, OTHER THAN A PUPIL
10 PERSONNEL SERVICES PROFESSIONAL, IN AN APPROVED PROGRAM AS DEFINED IN
11 PARAGRAPH B OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED TEN OF THIS
12 CHAPTER; OR
13 D. IN A SETTING TO THE EXTENT THAT THE EXEMPTION IN PARAGRAPH D OF
14 SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER
15 APPLIES.
16 3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING THE
17 ACTIVITIES AND SERVICES REQUIRED OF A STUDENT, INTERN, OR RESIDENT IN AN
18 EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMIS-
19 SIONER'S REGULATIONS, PURSUING A COURSE OF STUDY LEADING TO A BACHELOR'S
20 OR HIGHER DEGREE IN AN EDUCATIONAL PROGRAM ACCEPTABLE TO THE DEPARTMENT
21 PURSUANT TO THE COMMISSIONER'S REGULATIONS IN AN INSTITUTION APPROVED BY
22 THE DEPARTMENT, PROVIDED THAT SUCH ACTIVITIES AND SERVICES CONSTITUTE A
23 PART OF HIS OR HER SUPERVISED COURSE OF STUDY IN AN EDUCATIONAL PROGRAM
24 ACCEPTABLE TO THE DEPARTMENT PURSUANT TO THE COMMISSIONER'S REGULATIONS.
25 SUCH PERSON SHALL BE DESIGNATED BY TITLE WHICH CLEARLY INDICATES HIS OR
26 HER TRAINING STATUS.
27 S 8808. STATE BOARD FOR APPLIED BEHAVIOR ANALYSIS. 1. A STATE BOARD
28 FOR APPLIED BEHAVIOR ANALYSIS SHALL BE APPOINTED BY THE BOARD OF REGENTS
29 UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS
30 OF LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-
31 FIVE HUNDRED EIGHT OF THIS TITLE. AN EXECUTIVE SECRETARY OF THE BOARD
32 SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
33 THE COMMISSIONER.
34 2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
35 FOLLOWING:
36 (A) THREE LICENSED BEHAVIOR ANALYSTS;
37 (B) ONE CERTIFIED BEHAVIOR ANALYST ASSISTANT;
38 (C) ONE LICENSED PSYCHOLOGIST, WHO CURRENTLY PRESCRIBES TREATMENT
39 INVOLVING APPLIED BEHAVIOR ANALYSIS IN HIS OR HER PROFESSIONAL PRACTICE;
40 AND
41 (D) TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
42 SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
43 S 2. Subparagraph (i) of paragraph a of subdivision 1 of section
44 6503-a of the education law, as added by chapter 130 of the laws of
45 2010, is amended to read as follows:
46 (i) services provided under article one hundred fifty-four [or], one
47 hundred sixty-three OR ONE HUNDRED SIXTY-SEVEN of this title for which
48 licensure would be required, or
49 S 3. Subdivision 4 of section 7605 of the education law, as amended by
50 chapter 210 of the laws of 2004, is amended to read as follows:
51 4. The practice, conduct, activities, or services by any person
52 licensed or otherwise authorized to practice nursing as a registered
53 professional nurse or nurse practitioner within the state pursuant to
54 article one hundred thirty-nine of this title or by any person licensed
55 or otherwise authorized to practice social work within the state pursu-
56 ant to article one hundred fifty-four of this title, or by any person
A. 6963--A 5
1 licensed or otherwise authorized to practice mental health counseling,
2 marriage and family therapy, creative arts therapy, or psychoanalysis
3 within the state pursuant to article one hundred sixty-three of this
4 title, OR ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE
5 APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE
6 HUNDRED SIXTY-SEVEN OF THIS TITLE or any individual who is credentialed
7 under any law, including attorneys, rape crisis counselors, certified
8 alcoholism counselors, and certified substance abuse counselors from
9 providing mental health services within their respective established
10 authorities.
11 S 4. Subdivision 1 of section 7706 of the education law, as amended by
12 chapter 230 of the laws of 2004, is amended to read as follows:
13 1. Apply to the practice, conduct, activities, services or use of any
14 title by any person licensed or otherwise authorized to practice medi-
15 cine within the state pursuant to article one hundred thirty-one of this
16 title or by any person registered to perform services as a physician
17 assistant within the state pursuant to article one hundred thirty-one-B
18 of this title or by any person licensed or otherwise authorized to prac-
19 tice psychology within this state pursuant to article one hundred
20 fifty-three of this title or by any person licensed or otherwise author-
21 ized to practice nursing as a registered professional nurse or nurse
22 practitioner within this state pursuant to article one hundred thirty-
23 nine of this title or by any person licensed or otherwise authorized to
24 practice occupational therapy within this state pursuant to article one
25 hundred fifty-six of this title or by any person licensed or otherwise
26 authorized to practice mental health counseling, marriage and family
27 therapy, creative arts therapy, or psychoanalysis within the state
28 pursuant to article one hundred sixty-three of this title OR BY ANY
29 PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE APPLIED BEHAVIOR
30 ANALYSIS WITHIN THE STATE PURSUANT TO ARTICLE ONE HUNDRED SIXTY-SEVEN OF
31 THIS TITLE; provided, however, that no physician, physician assistant,
32 registered professional nurse, nurse practitioner, psychologist, occupa-
33 tional therapist, licensed mental health counselor, licensed marriage
34 and family therapist, licensed creative arts therapist, [or] licensed
35 psychoanalyst, LICENSED BEHAVIOR ANALYST OR CERTIFIED BEHAVIOR ANALYST
36 ASSISTANT may use the titles "licensed clinical social worker" or
37 "licensed master social worker", unless licensed under this article.
38 S 5. Subdivision 1 of section 8410 of the education law, as amended by
39 chapter 210 of the laws of 2004, is amended to read as follows:
40 1. Apply to the practice, conduct, activities, services or use of any
41 title by any person licensed or otherwise authorized to practice medi-
42 cine within the state pursuant to article one hundred thirty-one of this
43 title or by any person registered to perform services as a physician
44 assistant within the state pursuant to article one hundred thirty-one-B
45 of this title or by any person licensed or otherwise authorized to prac-
46 tice psychology within this state pursuant to article one hundred
47 fifty-three of this title or by any person licensed or otherwise author-
48 ized to practice social work within this state pursuant to article one
49 hundred fifty-four of this title, or by any person licensed or otherwise
50 authorized to practice nursing as a registered professional nurse or
51 nurse practitioner within this state pursuant to article one hundred
52 thirty-nine of this title OR BY ANY PERSON LICENSED OR OTHERWISE AUTHOR-
53 IZED TO PRACTICE APPLIED BEHAVIOR ANALYSIS WITHIN THE STATE PURSUANT TO
54 ARTICLE ONE HUNDRED SIXTY-SEVEN OF THIS TITLE; provided, however, that
55 no physician, physician's assistant, registered professional nurse,
56 nurse practitioner, psychologist, licensed master social worker, [or]
A. 6963--A 6
1 licensed clinical social worker, LICENSED BEHAVIOR ANALYST OR CERTIFIED
2 BEHAVIOR ANALYST ASSISTANT may use the titles "licensed mental health
3 counselor", "licensed marriage and family therapist", "licensed creative
4 arts therapist", or "licensed psychoanalyst", unless licensed under this
5 article.
6 S 6. Subdivision (a) of section 1203 of the limited liability company
7 law, as separately amended by chapters 420 and 676 of the laws of 2002,
8 is amended to read as follows:
9 (a) Notwithstanding the education law or any other provision of law,
10 one or more professionals each of whom is authorized by law to render a
11 professional service within the state, or one or more professionals, at
12 least one of whom is authorized by law to render a professional service
13 within the state, may form, or cause to be formed, a professional
14 service limited liability company for pecuniary profit under this arti-
15 cle for the purpose of rendering the professional service or services as
16 such professionals are authorized to practice. With respect to a profes-
17 sional service limited liability company formed to provide medical
18 services as such services are defined in article 131 of the education
19 law, each member of such limited liability company must be licensed
20 pursuant to article 131 of the education law to practice medicine in
21 this state. With respect to a professional service limited liability
22 company formed to provide dental services as such services are defined
23 in article 133 of the education law, each member of such limited liabil-
24 ity company must be licensed pursuant to article 133 of the education
25 law to practice dentistry in this state. With respect to a professional
26 service limited liability company formed to provide veterinary services
27 as such services are defined in article 135 of the education law, each
28 member of such limited liability company must be licensed pursuant to
29 article 135 of the education law to practice veterinary medicine in this
30 state. With respect to a professional service limited liability company
31 formed to provide professional engineering, land surveying, architec-
32 tural and/or landscape architectural services as such services are
33 defined in article 145, article 147 and article 148 of the education
34 law, each member of such limited liability company must be licensed
35 pursuant to article 145, article 147 and/or article 148 of the education
36 law to practice one or more of such professions in this state. With
37 respect to a professional service limited liability company formed to
38 provide licensed clinical social work services as such services are
39 defined in article 154 of the education law, each member of such limited
40 liability company shall be licensed pursuant to article 154 of the
41 education law to practice licensed clinical social work in this state.
42 With respect to a professional service limited liability company formed
43 to provide creative arts therapy services as such services are defined
44 in article 163 of the education law, each member of such limited liabil-
45 ity company must be licensed pursuant to article 163 of the education
46 law to practice creative arts therapy in this state. With respect to a
47 professional service limited liability company formed to provide
48 marriage and family therapy services as such services are defined in
49 article 163 of the education law, each member of such limited liability
50 company must be licensed pursuant to article 163 of the education law to
51 practice marriage and family therapy in this state. With respect to a
52 professional service limited liability company formed to provide mental
53 health counseling services as such services are defined in article 163
54 of the education law, each member of such limited liability company must
55 be licensed pursuant to article 163 of the education law to practice
56 mental health counseling in this state. With respect to a professional
A. 6963--A 7
1 service limited liability company formed to provide psychoanalysis
2 services as such services are defined in article 163 of the education
3 law, each member of such limited liability company must be licensed
4 pursuant to article 163 of the education law to practice psychoanalysis
5 in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
6 COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
7 SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
8 SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
9 ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
10 IN THIS STATE. In addition to engaging in such profession or
11 professions, a professional service limited liability company may engage
12 in any other business or activities as to which a limited liability
13 company may be formed under section two hundred one of this chapter.
14 Notwithstanding any other provision of this section, a professional
15 service limited liability company (i) authorized to practice law may
16 only engage in another profession or business or activities or (ii)
17 which is engaged in a profession or other business or activities other
18 than law may only engage in the practice of law, to the extent not
19 prohibited by any other law of this state or any rule adopted by the
20 appropriate appellate division of the supreme court or the court of
21 appeals.
22 S 7. Subdivision (b) of section 1207 of the limited liability company
23 law, as separately amended by chapters 420 and 676 of the laws of 2002,
24 is amended to read as follows:
25 (b) With respect to a professional service limited liability company
26 formed to provide medical services as such services are defined in arti-
27 cle 131 of the education law, each member of such limited liability
28 company must be licensed pursuant to article 131 of the education law to
29 practice medicine in this state. With respect to a professional service
30 limited liability company formed to provide dental services as such
31 services are defined in article 133 of the education law, each member of
32 such limited liability company must be licensed pursuant to article 133
33 of the education law to practice dentistry in this state. With respect
34 to a professional service limited liability company formed to provide
35 veterinary services as such services are defined in article 135 of the
36 education law, each member of such limited liability company must be
37 licensed pursuant to article 135 of the education law to practice veter-
38 inary medicine in this state. With respect to a professional service
39 limited liability company formed to provide professional engineering,
40 land surveying, architectural and/or landscape architectural services as
41 such services are defined in article 145, article 147 and article 148 of
42 the education law, each member of such limited liability company must be
43 licensed pursuant to article 145, article 147 and/or article 148 of the
44 education law to practice one or more of such professions in this state.
45 With respect to a professional service limited liability company formed
46 to provide licensed clinical social work services as such services are
47 defined in article 154 of the education law, each member of such limited
48 liability company shall be licensed pursuant to article 154 of the
49 education law to practice licensed clinical social work in this state.
50 With respect to a professional service limited liability company formed
51 to provide creative arts therapy services as such services are defined
52 in article 163 of the education law, each member of such limited liabil-
53 ity company must be licensed pursuant to article 163 of the education
54 law to practice creative arts therapy in this state. With respect to a
55 professional service limited liability company formed to provide
56 marriage and family therapy services as such services are defined in
A. 6963--A 8
1 article 163 of the education law, each member of such limited liability
2 company must be licensed pursuant to article 163 of the education law to
3 practice marriage and family therapy in this state. With respect to a
4 professional service limited liability company formed to provide mental
5 health counseling services as such services are defined in article 163
6 of the education law, each member of such limited liability company must
7 be licensed pursuant to article 163 of the education law to practice
8 mental health counseling in this state. With respect to a professional
9 service limited liability company formed to provide psychoanalysis
10 services as such services are defined in article 163 of the education
11 law, each member of such limited liability company must be licensed
12 pursuant to article 163 of the education law to practice psychoanalysis
13 in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
14 COMPANY FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS SERVICES AS SUCH
15 SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCATION LAW, EACH MEMBER OF
16 SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO
17 ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS
18 IN THIS STATE.
19 S 8. Subdivision (a) of section 1301 of the limited liability company
20 law, as separately amended by chapters 420 and 676 of the laws of 2002,
21 is amended to read as follows:
22 (a) "Foreign professional service limited liability company" means a
23 professional service limited liability company, whether or not denomi-
24 nated as such, organized under the laws of a jurisdiction other than
25 this state, (i) each of whose members and managers, if any, is a profes-
26 sional authorized by law to render a professional service within this
27 state and who is or has been engaged in the practice of such profession
28 in such professional service limited liability company or a predecessor
29 entity, or will engage in the practice of such profession in the profes-
30 sional service limited liability company within thirty days of the date
31 such professional becomes a member, or each of whose members and manag-
32 ers, if any, is a professional at least one of such members is author-
33 ized by law to render a professional service within this state and who
34 is or has been engaged in the practice of such profession in such
35 professional service limited liability company or a predecessor entity,
36 or will engage in the practice of such profession in the professional
37 service limited liability company within thirty days of the date such
38 professional becomes a member, or (ii) authorized by, or holding a
39 license, certificate, registration or permit issued by the licensing
40 authority pursuant to, the education law to render a professional
41 service within this state; except that all members and managers, if any,
42 of a foreign professional service limited liability company that
43 provides health services in this state shall be licensed in this state.
44 With respect to a foreign professional service limited liability company
45 which provides veterinary services as such services are defined in arti-
46 cle 135 of the education law, each member of such foreign professional
47 service limited liability company shall be licensed pursuant to article
48 135 of the education law to practice veterinary medicine. With respect
49 to a foreign professional service limited liability company which
50 provides medical services as such services are defined in article 131 of
51 the education law, each member of such foreign professional service
52 limited liability company must be licensed pursuant to article 131 of
53 the education law to practice medicine in this state. With respect to a
54 foreign professional service limited liability company which provides
55 dental services as such services are defined in article 133 of the
56 education law, each member of such foreign professional service limited
A. 6963--A 9
1 liability company must be licensed pursuant to article 133 of the educa-
2 tion law to practice dentistry in this state. With respect to a foreign
3 professional service limited liability company which provides profes-
4 sional engineering, land surveying, architectural and/or landscape
5 architectural services as such services are defined in article 145,
6 article 147 and article 148 of the education law, each member of such
7 foreign professional service limited liability company must be licensed
8 pursuant to article 145, article 147 and/or article 148 of the education
9 law to practice one or more of such professions in this state. With
10 respect to a foreign professional service limited liability company
11 which provides licensed clinical social work services as such services
12 are defined in article 154 of the education law, each member of such
13 foreign professional service limited liability company shall be licensed
14 pursuant to article 154 of the education law to practice clinical social
15 work in this state. With respect to a foreign professional service
16 limited liability company which provides creative arts therapy services
17 as such services are defined in article 163 of the education law, each
18 member of such foreign professional service limited liability company
19 must be licensed pursuant to article 163 of the education law to prac-
20 tice creative arts therapy in this state. With respect to a foreign
21 professional service limited liability company which provides marriage
22 and family therapy services as such services are defined in article 163
23 of the education law, each member of such foreign professional service
24 limited liability company must be licensed pursuant to article 163 of
25 the education law to practice marriage and family therapy in this state.
26 With respect to a foreign professional service limited liability company
27 which provides mental health counseling services as such services are
28 defined in article 163 of the education law, each member of such foreign
29 professional service limited liability company must be licensed pursuant
30 to article 163 of the education law to practice mental health counseling
31 in this state. With respect to a foreign professional service limited
32 liability company which provides psychoanalysis services as such
33 services are defined in article 163 of the education law, each member of
34 such foreign professional service limited liability company must be
35 licensed pursuant to article 163 of the education law to practice
36 psychoanalysis in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL
37 SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES APPLIED BEHAVIOR ANALY-
38 SIS SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 167 OF THE EDUCA-
39 TION LAW, EACH MEMBER OF SUCH FOREIGN PROFESSIONAL SERVICE LIMITED
40 LIABILITY COMPANY MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 167
41 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS
42 STATE.
43 S 9. Subdivision (q) of section 121-1500 of the partnership law, as
44 separately amended by chapters 420 and 676 of the laws of 2002, is
45 amended to read as follows:
46 (q) Each partner of a registered limited liability partnership formed
47 to provide medical services in this state must be licensed pursuant to
48 article 131 of the education law to practice medicine in this state and
49 each partner of a registered limited liability partnership formed to
50 provide dental services in this state must be licensed pursuant to arti-
51 cle 133 of the education law to practice dentistry in this state. Each
52 partner of a registered limited liability partnership formed to provide
53 veterinary services in this state must be licensed pursuant to article
54 135 of the education law to practice veterinary medicine in this state.
55 Each partner of a registered limited liability partnership formed to
56 provide professional engineering, land surveying, architectural and/or
A. 6963--A 10
1 landscape architectural services in this state must be licensed pursuant
2 to article 145, article 147 and/or article 148 of the education law to
3 practice one or more of such professions in this state. Each partner of
4 a registered limited liability partnership formed to provide licensed
5 clinical social work services in this state must be licensed pursuant to
6 article 154 of the education law to practice clinical social work in
7 this state. Each partner of a registered limited liability partnership
8 formed to provide creative arts therapy services in this state must be
9 licensed pursuant to article 163 of the education law to practice crea-
10 tive arts therapy in this state. Each partner of a registered limited
11 liability partnership formed to provide marriage and family therapy
12 services in this state must be licensed pursuant to article 163 of the
13 education law to practice marriage and family therapy in this state.
14 Each partner of a registered limited liability partnership formed to
15 provide mental health counseling services in this state must be licensed
16 pursuant to article 163 of the education law to practice mental health
17 counseling in this state. Each partner of a registered limited liability
18 partnership formed to provide psychoanalysis services in this state must
19 be licensed pursuant to article 163 of the education law to practice
20 psychoanalysis in this state. EACH PARTNER OF A REGISTERED LIMITED
21 LIABILITY PARTNERSHIP FORMED TO PROVIDE APPLIED BEHAVIOR ANALYSIS
22 SERVICE IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE
23 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALYSIS IN THIS
24 STATE.
25 S 10. Subdivision (q) of section 121-1502 of the partnership law, as
26 amended by chapter 230 of the laws of 2004, is amended to read as
27 follows:
28 (q) Each partner of a foreign limited liability partnership which
29 provides medical services in this state must be licensed pursuant to
30 article 131 of the education law to practice medicine in the state and
31 each partner of a foreign limited liability partnership which provides
32 dental services in the state must be licensed pursuant to article 133 of
33 the education law to practice dentistry in this state. Each partner of a
34 foreign limited liability partnership which provides veterinary service
35 in the state shall be licensed pursuant to article 135 of the education
36 law to practice veterinary medicine in this state. Each partner of a
37 foreign limited liability partnership which provides professional engi-
38 neering, land surveying, architectural and/or landscape architectural
39 services in this state must be licensed pursuant to article 145, article
40 147 and/or article 148 of the education law to practice one or more of
41 such professions. Each partner of a foreign limited liability partner-
42 ship which provides licensed clinical social work services in this state
43 must be licensed pursuant to article 154 of the education law to prac-
44 tice licensed clinical social work in this state. Each partner of a
45 foreign limited liability partnership which provides creative arts ther-
46 apy services in this state must be licensed pursuant to article 163 of
47 the education law to practice creative arts therapy in this state. Each
48 partner of a foreign limited liability partnership which provides
49 marriage and family therapy services in this state must be licensed
50 pursuant to article 163 of the education law to practice marriage and
51 family therapy in this state. Each partner of a foreign limited liabil-
52 ity partnership which provides mental health counseling services in this
53 state must be licensed pursuant to article 163 of the education law to
54 practice mental health counseling in this state. Each partner of a
55 foreign limited liability partnership which provides psychoanalysis
56 services in this state must be licensed pursuant to article 163 of the
A. 6963--A 11
1 education law to practice psychoanalysis in this state. EACH PARTNER OF
2 A FOREIGN LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES APPLIED BEHAVIOR
3 ANALYSIS SERVICES IN THIS STATE MUST BE LICENSED OR CERTIFIED PURSUANT
4 TO ARTICLE 167 OF THE EDUCATION LAW TO PRACTICE APPLIED BEHAVIOR ANALY-
5 SIS IN THIS STATE.
6 S 11. Paragraph a of subdivision 3 of section 6507 of the education
7 law, as amended by chapter 356 of the laws of 2006, is amended to read
8 as follows:
9 a. Establish standards for preprofessional and professional education,
10 experience and licensing examinations as required to implement the arti-
11 cle for each profession. Notwithstanding any other provision of law, the
12 commissioner shall establish standards requiring that all persons apply-
13 ing, on or after January first, nineteen hundred ninety-one, initially,
14 or for the renewal of, a license, registration or limited permit to be a
15 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
16 trist, psychiatrist, psychologist, licensed master social worker,
17 licensed clinical social worker, licensed creative arts therapist,
18 licensed marriage and family therapist, licensed mental health counse-
19 lor, licensed psychoanalyst, [or] dental hygienist, LICENSED BEHAVIOR
20 ANALYST, OR CERTIFIED BEHAVIOR ANALYST ASSISTANT shall, in addition to
21 all the other licensure, certification or permit requirements, have
22 completed two hours of coursework or training regarding the identifica-
23 tion and reporting of child abuse and maltreatment. The coursework or
24 training shall be obtained from an institution or provider which has
25 been approved by the department to provide such coursework or training.
26 The coursework or training shall include information regarding the phys-
27 ical and behavioral indicators of child abuse and maltreatment and the
28 statutory reporting requirements set out in sections four hundred thir-
29 teen through four hundred twenty of the social services law, including
30 but not limited to, when and how a report must be made, what other
31 actions the reporter is mandated or authorized to take, the legal
32 protections afforded reporters, and the consequences for failing to
33 report. Such coursework or training may also include information regard-
34 ing the physical and behavioral indicators of the abuse of individuals
35 with mental retardation and other developmental disabilities and volun-
36 tary reporting of abused or neglected adults to the office of mental
37 retardation and developmental disabilities or the local adult protective
38 services unit. Each applicant shall provide the department with documen-
39 tation showing that he or she has completed the required training. The
40 department shall provide an exemption from the child abuse and maltreat-
41 ment training requirements to any applicant who requests such an
42 exemption and who shows, to the department's satisfaction, that there
43 would be no need because of the nature of his or her practice for him or
44 her to complete such training;
45 S 12. Paragraph (a) of subdivision 1 of section 413 of the social
46 services law, as amended by section 3 of part D of chapter 501 of the
47 laws of 2012, is amended to read as follows:
48 (a) The following persons and officials are required to report or
49 cause a report to be made in accordance with this title when they have
50 reasonable cause to suspect that a child coming before them in their
51 professional or official capacity is an abused or maltreated child, or
52 when they have reasonable cause to suspect that a child is an abused or
53 maltreated child where the parent, guardian, custodian or other person
54 legally responsible for such child comes before them in their profes-
55 sional or official capacity and states from personal knowledge facts,
56 conditions or circumstances which, if correct, would render the child an
A. 6963--A 12
1 abused or maltreated child: any physician; registered physician assist-
2 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
3 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
4 psychologist; registered nurse; social worker; emergency medical techni-
5 cian; licensed creative arts therapist; licensed marriage and family
6 therapist; licensed mental health counselor; licensed psychoanalyst;
7 LICENSED BEHAVIOR ANALYST; CERTIFIED BEHAVIOR ANALYST ASSISTANT; hospi-
8 tal personnel engaged in the admission, examination, care or treatment
9 of persons; a Christian Science practitioner; school official, which
10 includes but is not limited to school teacher, school guidance counse-
11 lor, school psychologist, school social worker, school nurse, school
12 administrator or other school personnel required to hold a teaching or
13 administrative license or certificate; social services worker; director
14 of a children's overnight camp, summer day camp or traveling summer day
15 camp, as such camps are defined in section thirteen hundred ninety-two
16 of the public health law; day care center worker; school-age child care
17 worker; provider of family or group family day care; or any other child
18 care or foster care worker; mental health professional; substance abuse
19 counselor; alcoholism counselor; all persons credentialed by the office
20 of alcoholism and substance abuse services; peace officer; police offi-
21 cer; district attorney or assistant district attorney; investigator
22 employed in the office of a district attorney; or other law enforcement
23 official.
24 S 13. If any section of article 167 of the education law, as added by
25 section one of this act, or part thereof, shall be adjudged by any court
26 of competent jurisdiction to be invalid, such judgment shall not affect,
27 impair or invalidate the remainder of any other section or part thereof.
28 S 14. The provisions of sections eleven and twelve of this act shall
29 not apply to persons applying for licensure or certification or to
30 persons licensed or certified pursuant to section 8805 of the education
31 law until such licensed or certified person re-registers their license
32 or certification in accordance with the provisions of paragraph g of
33 subdivisions 1 and 2 of section 8804 of the education law as added by
34 section one of this act.
35 S 15. This act shall take effect July 1, 2014: provided, however,
36 that if section 3 of part D of chapter 501 of the laws of 2012 is not in
37 effect on such date, then the amendments to paragraph (a) of subdivision
38 1 of section 413 of the social services law made by section twelve of
39 this act shall take effect on the same date and in the same manner as
40 such chapter of the laws of 2012, takes effect; provided further that
41 sections six, seven, eight, nine and ten of this act and section 8805 of
42 the education law as added by section one of this act shall take effect
43 immediately; and provided further that effective immediately, the addi-
44 tion, amendment and/or repeal of any rule or regulation necessary for
45 the implementation of this act on its effective date are authorized and
46 directed to be made and completed on or before such effective date.
