2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 167 - Applied Behavior Analysis › 8802 - Definition of the Practice of "Applied Behavior Analysis".

§ 8802. Definition of the practice of "applied behavior analysis".  1.
The  practice  of  applied  behavior  analysis  by  a "licensed behavior
analyst"  shall  mean  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,  pursuant  to  a
diagnosis and prescription or order from a person  who  is  licensed  or
otherwise  authorized  to  provide  such  diagnosis  and prescription or
ordering services pursuant to a profession enumerated in this title, for
the purpose of providing behavioral health treatment.  For  purposes  of
this  section,  prescriptions  or orders for behavioral health treatment
provided by a licensed behavior analyst shall be  limited  to  providing
treatment  to  individuals with behavioral health conditions that appear
in the most recent edition of the diagnostic and statistical  manual  of
mental  disorders, published by the American Psychiatric Association, or
an equivalent classification system as determined by the department.  In
addition,  licensed  behavior  analysts providing services pursuant to a
prescription or order, as authorized by this section,  shall  provide  a
report  at  least annually regarding the status of the individual served
to the licensed person prescribing or  ordering  such  service  or  more
frequently,  if  needed,  in  order to report significant changes in the
condition of the individual.
2. The practice of applied behavior analysis by a "certified  behavior
analyst  assistant"  means  the  services  and  activities provided by a
person certified in accordance with this article  who  works  under  the
supervision  of  a  licensed  behavior  analyst  to perform such patient
related  applied  behavior  analysis  tasks  as  are  assigned  by   the
supervising  licensed  behavior  analyst.  Supervision  of  a  certified
behavior analyst assistant by a licensed behavior analyst  shall  be  in
accordance  with  regulations  of the commissioner. No licensed behavior
analyst  shall  supervise  more  than  six  certified  behavior  analyst
assistants.
3.  The  practice  of  applied  behavior  analysis  shall  not include
diagnosis of a disorder or condition for which ABA may  be  appropriate,
or prescribing or ordering ABA for a particular individual.
4.  Any individual whose license or authority to practice derives from
the provisions of this article shall be prohibited from:
(a) Prescribing or administering drugs as defined in this  chapter  or
as  a treatment, therapy, or professional service in the practice of his
or her profession; or
(b) Using invasive procedures as a treatment, therapy, or professional
service in the practice of his or her profession. For purposes  of  this
subdivision,  "invasive  procedure"  means  any procedure in which human
tissue is cut, altered, or otherwise infiltrated by mechanical or  other
means.  Invasive  procedure  includes,  but  is not limited to, surgery,
lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive
therapy.