NY Educ L § 8807 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 167 - Applied Behavior Analysis 8807 - Exemptions.

§  8807.  Exemptions.  1.  Nothing  contained in this article shall be construed to limit the  scopes  of  practice  of  any  other  profession licensed under this title.   2.  Nothing in this article shall be construed as prohibiting a person from performing the duties of a licensed behavior analyst or a certified behavior analyst assistant, in the course of such  employment,  if  such person is employed:   a. by a federal, state, county or municipal agency, or other political subdivision;   b.  by  a  chartered elementary or secondary school or degree-granting institution;   c. as a certified teacher or teaching assistant, other  than  a  pupil personnel  services  professional,  in an approved program as defined in paragraph b of subdivision one of section forty-four hundred ten of this chapter; or   d. in a setting to the extent that the exemption  in  paragraph  d  of subdivision  six  of  section  forty-four  hundred  ten  of this chapter applies.   3. Nothing in  this  article  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 two-A of article twenty-five of the public health law.   4.  Nothing  in  this  article  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.  Such  person  shall be designated by title which clearly indicates his or her training status.   5. Nothing in this article shall be construed to affect or  prevent  a person  without  a license or other authorization pursuant to this title from performing assessments,  including  collecting  basic  information, gathering  demographic  data,  and making informal observations, for the purpose of determining need for  services  unrelated  to  an  ABA  plan. Further,  licensure  or authorization pursuant to this article shall not be required to create, develop or implement a service plan unrelated  to an  ABA  plan.  This  article  shall  not  apply  to  behavioral  health treatments other than ABA that may be provided to  persons  with  autism spectrum  disorder.  A  license under this article shall not be required for persons to participate as a member of a multi-disciplinary  team  to implement  an  ABA plan; provided, however, that such team shall include one or more professionals licensed under this article  or  articles  one hundred  thirty-one,  one hundred fifty-three, one hundred fifty-four or one hundred sixty-three of this chapter; and provided further  that  the activities performed by members of the team shall be consistent with the scope of practice for each team member licensed or authorized under this title,  and  those  who  are  not  so  authorized  may not engage in the following restricted practices: creation, modification or termination of an ABA plan; diagnosis of mental, emotional, behavioral,  addictive  and  developmental   disorders   and  disabilities;  patient  assessment  and evaluating;  provision  of  psychotherapeutic  treatment;  provision  of treatment  other  than  psychotherapeutic treatment; and development and implementation  of  assessment-based  treatment  plans,  as  defined  in section seventy-seven hundred  one  of  this  title.  Provided  further, however,  that  nothing  in  this  subdivision  shall  be  construed  as requiring a license or authorization  for  any  particular  activity  or function  based  solely on the fact that the activity or function is not listed in this subdivision. Provided further, however, that  nothing  in this subdivision shall authorize the delegation of restricted activities to  an  individual who is not appropriately licensed or authorized under this title.   6. Nothing in this article shall be construed as prohibiting an  early intervention  ABA  aide,  pursuant  to  regulations  promulgated  by the commissioner of health, and acting under the supervision  and  direction of  a  qualified  supervisor  who  is  licensed  or otherwise authorized pursuant to title eight of this chapter from:  (a)  assisting  the  supervisor  and  qualified  personnel  with   the implementation of individual ABA plans;  (b)  assisting  in  the  recording  and  collection  of data needed to monitor progress;  (c) participating in required team meetings; and  (d) completing  any  other  activities  as  directed  by  his  or  her supervisor   and  as  necessary  to  assist  in  the  implementation  of individual ABA plans.   Provided however, that nothing in this subdivision shall authorize the delegation  of  restricted  activities  to  an  individual  who  is  not appropriately   licensed  or  otherwise  authorized  under  this  title; provided further however, that  in  regard  to  the  early  intervention program  established  pursuant  to title two-A of article twenty-five 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.   7. This article shall not be construed to prohibit care  delivered  by any  family  member,  household  member  or  friend,  or person employed primarily in a domestic capacity who does not hold  himself  or  herself out,  or  accept  employment,  as  a person licensed to practice applied behavior analysis under the provisions of this article;  provided  that, if  such  person  is  remunerated,  the  person does not hold himself or herself out as one who accepts employment for performing such care.   8. Nothing in this article shall be construed as prohibiting  programs certified  by the office of alcoholism and substance abuse services from providing substance use disorder services for persons  with  autism  and autism spectrum disorders and related disorders.