Frequently Asked Questions

Definitions | General Information | New York State Licensure | Education Requirements | Examination Requirements | Experience Requirements | Exemptions

Definitions

The following definitions should be used when reviewing the following Questions and Answers:

Title VIII: Title VIII refers to the section of Education Law that contains all the statutes (Articles) that define the practice of the professions that fall under the regulatory oversight of the Board of Regents and the State Education Department.

Article 167: Article 167 is the specific section of Title VIII that establishes and defines the practice of applied behavior analysis and the requirements for licensure for licensed behavior analysts and certified behavior analyst assistants, as well as any specific conditions related to the practice of these two professions.

Scope of Practice: The scope of practice refers to the services and activities of each profession that are restricted to those who are licensed under the provisions of the law.

Exemptions: Exemptions refer to individuals or settings that are not required either to hold a license or to employ or engage persons who are licensed. Exemptions usually are clearly identified in the statute, and apply only to the persons or settings that are described in the law.


General Information

  1. What is Applied Behavior Analysis?

    Applied behavior analysis (ABA) means 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.

  2. What does the Applied Behavior Analysis Act do?

    Chapter 554 of the Laws of 2013, as amended by Chapter 8 of the Laws of 2014, created Article 167 of the Education Law, which establishes and defines the practice of Applied Behavior Analysis (ABA) and provides for the licensing of licensed behavior analysts and certified behavior analyst assistants.

  3. When did this law take effect?

    This law took effect on July 1, 2014.

  4. What are the two licenses that are issued under this law?

    The two licenses that are authorized under this law are licensed behavior analyst (LBA) and certified behavior analyst assistant (CBAA).

  5. Who may practice as and use the title of "licensed behavior analyst" or "certified behavior analyst assistant"?

    Only a person who is licensed or certified or exempt under this law may practice applied behavior analysis; however, only a person who is licensed or certified under this law may use the titles "licensed behavior analyst" and "certified behavior analyst assistant."

  6. What is the scope of practice of a licensed behavior analyst?

    The licensed behavior analyst (LBA) provides services and activities for 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 Title VIII for the purpose of providing behavioral health treatments for persons with autism and autism spectrum disorders and related disorders.

  7. What is the scope of practice of a certified behavior analyst assistant?

    The certified behavior analyst assistant (CBAA) must meet the certification requirements of this law and work under the supervision of a licensed behavior analyst to perform such patient related applied behavior analysis tasks as assigned by the supervising licensed behavior analyst in accordance with the Regulations of the Commissioner of Education.

  8. What is meant by the term "related disorders" within the scope of practice?

    "Related disorders" are those disorders traditionally diagnosed under the diagnostic classification systems (often one of the volumes of the Diagnostic and Statistical Manual of the American Psychiatric Association), such as, Asperger's Syndrome, Rett Syndrome, Pervasive Developmental Disorders, or Childhood Disintegrative Disorder.

  9. What practices do not fall within the scope of practice of a licensed behavior analyst or a certified behavior analyst assistant?

    The services and activities, i.e., the practice, of a licensed behavior analyst (LBA) or a certified behavior analyst assistant (CBAA) shall not include:

    • diagnosis of a disorder or condition for which ABA may be appropriate;
    • prescribing or ordering ABA for a particular individual;
    • prescribing or administering drugs as defined in the law or as a treatment, therapy, or professional service as a part of the practice of the profession; such as,
      • any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means; or
      • invasive procedures include, but are not limited to, surgery, lasers, ionizing radiation, therapeutic ultrasound or electroconvulsive therapy.

  10. Where do licensed behavior analysts and certified behavior analyst assistants offer their services and activities?

    Licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs) are licensed health care professionals and may work in any setting that may legally provide such services. Examples of such settings include: private practice, settings where patients/clients reside full-time or part-time; clinics, hospitals, residences, schools, and similar settings.

    Settings where such services are provided often must meet the requirements of law, rule or regulation to offer the service or have the service given within the setting.

    Licensees should become familiar with the general laws and regulations that could affect the provision of services.

  11. May persons licensed as licensed behavior analysts or certified behavior analyst assistants form a corporation or company?

    Yes. Licensees may form a professional corporation (PC), a professional service limited liability company (PLLC) or a registered limited liability partnership (LLP) in accord with the business corporation law or the limited liability law. Membership (ownership) in such corporations or companies is restricted to persons licensed in the same profession under Article 167. Professional Corporations or Limited Liability companies that may legitimately offer the practice of applied behavior analysis may employ persons licensed under Article 167 to provide these services.

  12. What is the function of the State Board for Applied Behavior Analysis?

    The State Board assists the Board of Regents and the Department in matters of professional licensing and professional conduct. The Department, with input from the State Board and interested parties, drafted the regulations that were needed to implement the new licensing law. The Board provides assistance and advice on matters of professional practice and conduct. When there are complaints regarding unprofessional conduct or professional misconduct by licensees, members of the State Board review these complaints to assist the Department's Office of Professional Discipline, and serve on hearing panels to consider issues of moral character, discipline and the restoration of licenses.

  13. Who are members of the State Board for Applied Behavior Analysis?

    The members of the State Board for Applied Behavior Analysis are appointed by the Board of Regents upon the recommendation of the Commissioner of Education and shall assist on matters of licensing and professional conduct.

    Under the law, the Board must have seven members and be composed of the following: three licensed behavior analysts; one certified behavior analyst assistant; one licensed psychologist, who may currently prescribe treatment involving applied behavior analysis in his or her professional practice; and two public representatives as defined in section 6508(1)(b) of the Education Law.

New York State Licensure

  1. Does New York State law require licensure for those who provide Applied Behavior Analysis services to individuals within New York State?

    Yes. On January 10, 2014, a law was enacted to establish a new profession of Applied Behavior Analysis and to establish the requirements for licensure for licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs) to provide behavioral health treatment to individuals with autism and autism spectrum disorders and related disorders. The full law took effect on July 1, 2014, after which time only a person who is licensed as a LBA or CBAA or meets one of the exemptions to the licensure requirement is legally able to practice ABA in NYS. Please see section 8807 of the Education Law for more information about the available exemptions.

  2. May certification by the Behavior Analyst Certification Board (BACB) be accepted for licensure purposes in New York State?

    No. But from January 10, 2014 until January 9, 2016, the law provided special provisions, which were referred to as the grandparenting licensure/certification pathway that allowed persons, who held certification from the BACB and submitted an attestation of moral character and application to the Department on or before January 9, 2016, to become licensed as licensed behavior analysts (LBAs) or certified behavior analyst assistants (CBAAs). This grandparenting licensure/certification pathway is no longer available because it has expired. Thus, persons who apply for licensure as a LBA or a CBAA on or after January 10, 2016 are required to meet all the licensure requirements found in statute and the Regulations of the Commissioner of Education. While BACB certification may be included in advertising in New York State, it may not be used as a license to practice in New York State.

  3. What are the requirements for licensure in these professions?

    For licensure as a licensed behavior analyst (LBA) or a certified behavior analyst assistant (CBAA), each applicant must meet, among other things, specified education, experience, examination, and moral character requirements. These requirements are found in Article 167 of Title VIII and in Subparts 79-17 and 79-18 of the Regulations of the Commissioner of Education.

  4. What are the requirements for a limited permit for the ABA professions?

    A limited permit may be issued by the Department to an applicant who meets all the qualifications for licensure, except the examination and/or the experience requirements in accordance with the Commissioner’s regulations. The permit will be for one year and it may be renewed, at the discretion of the Department for one additional year.

    The fee for each limited permit and for each renewal is $70.00.

    The limited permit holder shall practice only under supervision as determined by the Commissioner's regulations.

  5. What is the process for obtaining licensure in the ABA professions?

    This flowchart outlines the steps in the overall licensure process, including the role that the BACB plays in the Exam Eligibility process.


Education Requirements

  1. What are the education requirements for licensure as a licensed behavior analyst?

    The education requirements for licensure as a licensed behavior analyst (LBA) include: (1) a master’s or higher degree specifically in applied behavior analysis; or (2) a master’s or higher degree in a related field acceptable to the department, including, but not limited to, psychology, education or other subject areas that address learning and behavioral change and completion of graduate level, credit bearing coursework in applied behavior analysis that leads to an advanced certificate in applied behavior analysis.

  2. What are the education requirements for licensure as a certified behavior analyst assistant?

    The education requirements for licensure as a certified behavior analyst assistant (CBAA) include: (1) a bachelor’s or higher degree specifically in applied behavior analysis; or (2) a bachelor’s or higher degree in a related field acceptable to the department, including, but not limited to, psychology, education or other subject areas that address learning and behavioral change and completion of credit bearing coursework in applied behavior analysis that leads to a certificate in applied behavior analysis.

  3. Will education completed at any program be acceptable to meet the education requirement for licensure?

    No. The state law requires that, for licensure purposes, the educational program be acceptable to this Department. Currently, there are three forms of program approval, each of which has a specific path for approval of its education:

    • registration by this Department as a licensure-qualifying program in applied behavior analysis pursuant to section 52.44 or section 52.45 of the Regulations of the Commissioner;
    • registration for general educational purposes by this Department, this time-limited professional education path expires on August 31, 2019; and,
    • accreditation by an accrediting body acceptable to the Department.

  4. What are licensure-qualifying programs?

    A program that is registered by this Department as licensure-qualifying will ensure that all of their graduates have met the education requirements found in the Regulations of the Commissioner of Education for programs leading to licensure as a licensed behavior analyst (LBA) and for programs leading to licensure as a certified behavior analyst assistant (CBAA). Graduates of such programs are assured that their education will be accepted immediately upon the Department's receipt of the application for licensure, fee, and Form 2 from the college or university. Their graduates' education will not require any further review by the Department.

    A list of programs leading to professional licensure can be found on the Inventory of Registered Programs (IRP). At the moment, only a few programs have been registered as licensure-qualifying, but there are several more programs in the process of being reviewed, so keep checking back for updates as they are made available.

  5. What are programs registered for general purposes by this Department?

    All education programs in New York State must be registered by this Department according to their program area. Under the Regulations of the Commissioner, programs that currently are registered for general purposes and lead to a master's or higher degree in applied behavior analysis or to an advanced certificate in applied behavior analysis have until August 31, 2019 to become registered as licensure-qualifying programs in applied behavior analysis. Until August 31, 2019, applicants from these programs will have their education immediately accepted upon the Department's receipt of the application for licensure, fee and Form 2 and transcript from the college or university. Their graduates' education will not require any further review by the Department.

    These programs may be found on our Inventory of Registered Programs (IRP) under the subject area of "20 Psychology" – "Applied Behavior Analysis."

  6. What is required for the acceptance of education from out-of-state programs for licensure purposes?

    In order to satisfy the education requirement for licensure, out-of-state programs that offer a master’s or higher degree or an advanced certificate in applied behavior analysis must be offered by a regionally accredited college or university. They must also be determined by the Department to be substantially equivalent of registered programs designed to prepare graduates to practice applied behavior analysis independently. For a program to be determined substantially equivalent, it must meet the curricular requirements, as further outlined in the Regulations of the Commissioner for programs leading to licensure as a licensed behavior analyst (LBA) and/or for programs leading to licensure as a certified behavior analyst assistant (CBAA).

  7. If an applicant for NYS licensure is determined to have a degree from an acceptable program registered in NYS for general purposes or acceptable in another state or country, but is missing any of the other required coursework, will they need to complete makeup coursework in the missing area(s) through an acceptable college or university before their education can be approved?

    On or before August 31, 2019, such programs are not required to include coursework in autism, autism spectrum disorders and related disorders; maintenance of client records; and issues of cultural and ethnic diversity or the supervised practicum or internship requirement of a minimum of 150 hours of supervised experience as part of the program, but the New York State examination will include an autism component.

    Applicants from programs located outside New York State will have an individual education review by the Department before being made eligible to obtain a limited permit to complete any required supervised experience if done in New York State and/or to take the examination for licensure.


Examination Requirements

  1. What happens after I have applied to New York for ABA licensure and my application has been approved to sit for an examination?

    Your approval will be forwarded to the examination administrator who will send you an email entitled "Authorization to Test." The email will describe to you how to schedule your examination appointment(s). If you are approved for disability accommodations, please follow the instructions provided to you separately for scheduling accommodations.

  2. How do I schedule my examination appointment(s)?

    You may schedule your examination appointment directly at Pearson VUE's website. You will need to create an account at the Pearson VUE website using the ID number provided in the Authorization to Test email.

  3. How do I request reasonable testing accommodations?

    Before you make an examination administration appointment, you will need to complete the Accommodation Request Form. When submitting your Accommodation Request Form and supporting documentation, please include "Confidential Accommodation Request" in the email "Subject" line. If you have questions about completing the Accommodation Request Form, please email info@nysedbehavioranalyst.com.

  4. Where and when may I take the examination?

    The examinations for NY licensure as a licensed behavior analyst (NYLBA) and certified behavior analyst assistant (NYCBAA) are offered during four month-long examination windows throughout the year (i.e., February, May, August, and November). The Autism examination is offered on a continuous basis throughout the year.

    All examinations are delivered via computer in the United States and Internationally by Pearson VUE using their network of approximately 430 Pearson Professional Centers. There are currently over 10 Pearson Professional Centers in New York.

  5. What examinations are offered?

    The NYLBA and NYCBAA examinations are designed to assess whether candidates for licensure possess the minimum level of knowledge and skill required to provide applied behavior analysis (ABA) services in New York.

    The NY Autism examination is designed to assess whether candidates for licensure as LBAs and CBAAs in New York possess the minimum level of knowledge and skill required to work with persons diagnosed with autism and autism spectrum disorders and related disorders.

  6. How many questions will be on each examination?

    The NYLBA examination consists of 150 scored questions and 10 unscored pilot questions. The NYCBAA examination consists of 130 scored questions and 10 unscored pilot questions. Candidates have 4 hours to complete the NYLBA and NYCBAA examinations.

    The NY Autism examination consists of 30 scored questions and 5 unscored pilot questions. Candidates have 1 hour to complete the NY Autism examination.

    All examination items are standard 4-option multiple choice questions and are equally weighted. Test items are presented to candidates in random order.

  7. What is the outline of the examination content?

    The tables below outline the content areas and number of questions per area for each examination.

    New York Licensed Behavior Analyst
    Content Area # of Questions
    Basic Behavior-Analytic Skills
    A. Measurement 15
    B. Experimental Design 11
    C. Behavior-Change Considerations 3
    D. Fundamental Elements of Behavior Change 26
    E. Specific Behavior-Change Procedures 15
    F. Behavior-Change Systems 8
    Client-Centered Responsibilities
    (will include at least 2 questions addressing ethics per section)
    G. Identification of the Problem 14
    H Measurement 9
    I. Assessment 12
    J. Intervention 23
    K. Implementation, Management, and Supervision 14
    Total Number of Questions 150

    New York Certified Behavior Analyst Assistant
    Content Area # of Questions
    Basic Behavior-Analytic Skills
    A. Measurement 14
    B. Experimental Design 11
    C. Behavior-Change Considerations 3
    D. Fundamental Elements of Behavior Change 24
    E. Specific Behavior-Change Procedures 13
    F. Behavior-Change Systems 8
    Client-Centered Responsibilities
    (will include at least 2 questions addressing ethics per section)
    G. Identification of the Problem 9
    H Measurement 6
    I. Assessment 12
    J. Intervention 18
    K. Implementation, Management, and Supervision 12
    Total Number of Questions 130

    New York Autism Exam
    Content Area # of Questions
    A. Explain Characteristics Associated with a Diagnosis of Autism Spectrum Disorder 4
    B. Develop Systems and Support for Behavior-Analytic Services 5
    C. Extract Relevant Information from Various Sources for Planning Interventions and Communicating with Consumers 4
    D. Use Research to Design, Implement, and Evaluate Behavior-Analytic Interventions for Persons with Autism 12
    E. Communicate the History of Services for Persons with Autism to Consumers and Public 5
    Total Number of Questions 30

    These specifications are derived from the BACB Task List. Copyright 2016 BACB all rights reserved.

  8. How will I get my scores?

    The NY Autism Examination is scored during the administration and candidates are provided a printout of their scores at the testing center. Scores should be provided to the NYSED Office of the Professions within 7 days of test administration.

    The NYLBA and NYCBAA examinations are typically scored within 45 days of the last day of the month when the examination was administered. Scores are provided to candidates and the NYSED Office of the Professions via email.

  9. What happens if I do not pass an exam and want to schedule a retest?

    You may schedule a retest by signing in at the Pearson VUE website or following the instructions for an accommodated examination, if you were approved for an accommodation.

  10. Do I have to wait to retake the NY Autism Examination?

    If you do not pass the NY Autism Examination, you may schedule to retake the examination one week from when you last took the examination.

Experience Requirements

  1. Are there requirements for supervised experience for licensure?

    Yes. Every applicant for licensure as a licensed behavior analyst (LBA) must complete 1500 hours of experience and every applicant for licensure as a certified behavior analyst assistant (CBAA) must complete 1000 hours of experience that is supervised by a qualified supervisor. The experience requirements, which include, among other things, the qualifications for supervisors and information regarding acceptable settings, may be found in the Regulations of the Commissioner for licensure as a LBA and as a CBAA.

  2. What are the requirements for the supervised experience?

    There are specific requirements for the content, duration, setting and supervision of the required experience. These may be found in the Regulations of the Commissioner for licensure as a LBA and as a CBAA.

    Among other requirements, applicants must ensure the following:

    • The experience shall consist of a planned programmed sequence of supervised experience in appropriate applied behavior analysis activities performed in accordance with the definition of the practice of applied behavior analysis as defined in section 8802 of the Education Law and satisfactory in quality, breadth, scope and nature.
    • The applicant is employed or engaged by the setting to provide the services and activities.
    • The setting must provide appropriate supervision. For LBAs, this must be by a licensed behavior analyst or an authorized health care practitioner, who currently diagnoses, prescribes, or orders treatment involving applied behavior analysis in his or her professional practice for persons with autism, autism spectrum disorders and related disorders, or for experience obtained in other jurisdictions, the supervisor must be licensed in a profession authorized to provide applied behavior analysis services in the jurisdiction where the supervised experience occurs, as determined by the Department. For CBAAs, the supervisor must be a licensed behavior analyst, or for experience obtained in other jurisdictions, the supervisor must be licensed in a profession authorized to provide applied behavior analysis services, as determined by the Department.
    • The supervisor shall be responsible for the design, coordination, integrity, and quality of the applicant's experience.
    • The applicant may not directly engage or pay his or her supervisor.
    • The applicant holds a limited permit, if needed, to provide the services and activities, unless they are provided in an exempt setting.

  3. What supervised experience may be used to meet the experience required in the Regulations of the Commissioner?

    This licensure law was explicitly enacted to provide services and activities solely to persons with autism, autism spectrum disorders, or related disorders. On or after January 10, 2016, the only experience that will be accepted as meeting the experience requirement is experience that involves the provision of applied behavior analysis services to persons diagnosed with autism, autism spectrum disorders or related disorders pursuant to a diagnosis and prescription or order from a person who is licensed or otherwise authorized, under Title VIII of the Education Law, to provide a diagnosis of autism, autism spectrum disorders or related disorders and to prescribe or order services for the purpose of providing behavioral health treatment.

    Experience in applied behavior analysis that is provided to persons with any other diagnosis, disorder, or condition may not be used to meet the 1500 required hours of supervised experience for licensure as a licensed behavior analyst (LBA) or the 1000 required hours of supervised experience for licensure as a certified behavior analyst assistant (CBAA). Additionally, since applied behavior analysis is considered a form of treatment, it may not be provided to persons with any other diagnosis, disorder or condition, or for any other purpose, by persons who are not licensed in a profession found in Title VIII of the Education Law to provide such treatment according to the services and activities found in their scopes of practice or persons who are working outside of an exempt setting.

  4. Are there differences in the experience requirements for individuals who completed their supervised experience on or before January 9, 2016 and those who complete their supervised experience on or after January 10, 2016?

    Yes. For persons who have completed their supervised experience on or before January 9, 2016, the following requirements must be met:

    • Supervised experience must include the provision of applied behavior analysis services to persons with autism, autism spectrum disorders or related disorders.
    • Supervision may have been provided by any of the following:
      • Education program faculty, whether licensed or not licensed;
      • NYS licensed behavior analyst;
      • Persons who gained licensure by January 9, 2016;
      • Professionals qualified to provide the service of ABA within their scope of practice; or
      • Persons licensed in another state or country in accordance with their statutes to the extent that the supervision involved the provision of applied behavior analysis services to persons with autism, autism spectrum disorders or related disorders.

  5. When may an applicant gain supervised experience to meet the experience requirement?

    • An applicant may gain supervised experience during his or her master’s or higher degree program or when completing an advanced certificate program, as long as this experience is a required part of the registered or approved program, or
    • An applicant may gain supervised experience following the approval by this Department of his or her degree or advanced certificate program:
      • once a limited permit has been issued for persons gaining experience in New York State; or
      • in accordance with the statutory requirements of the state or country in which the experience is gained.

  6. May experience be gained while enrolled as a student in a program in New York State?

    Yes. There is an exemption under section 8807(4) of the Education Law that permits students who are engaged in the activities and services of the practice of applied behavior analysis that are required of a student, intern or resident in an educational program acceptable to the Department provided that these activities and services constitute a part of his or her supervised course of study in an educational program acceptable to the Department.

    The student should be designated by an appropriate training title.

  7. May the student gain experience to meet the experience requirement in the Regulations of the Commissioner if the program does not include a practicum, internship, or residency requirement?

    No. In that situation, the student would not have the protection of the exemption under section 8807(4) of the Education Law, which enables the student to engage in the activities and services of the profession. Such activity could be considered illegal practice of a profession. Students who do not have an experience requirement as part of their education program must complete the program and, after the degree or advanced certificate is issued and approved by the Department, must obtain a limited permit before engaging in practice for the purpose of gaining the required experience.

  8. May persons who are employed by an exempt setting continue to work during their education program?

    Yes. Persons may continue to work while enrolled as a student if they are employed in an exempt setting, which are settings defined in Article 167, such as schools, that may employ persons who are not licensed as licensed behavior analysts or certified behavior analyst assistants. If the student’s education program includes a practicum, internship or residency requirement, the student may gain the experience, under appropriate supervision in accordance with the practice, in such a setting. If, however, the student’s education program does not include a supervised practice requirement as a part of the program, then this experience may not be accepted as meeting the experience requirement for licensure, although the student may work in the setting to the extent that it meets the exemption provisions.

Exemptions

  1. Are there exemptions in the law that allow persons who are not licensed as licensed behavior analysts or certified behavior analyst assistants to engage in the practices of these professions?

    Yes. There are exemptions that permit persons who are not licensed in these professions to provide and/or engage in the applied behavior analysis services and activities that are within the scope of the practice of licensed behavior analysts (LBAs) and certified behavior analyst assistants (CBAAs). Such exempt individuals, however, may not claim or hold out that they are licensed behavior analysts or certified behavior analyst assistants.

    Nothing in Article 167 should be construed to prohibit the services and activities or to limit the scopes of practice of any other profession licensed under Title VIII of the Education Law.

    In addition, nothing in the law should be construed to prohibit the activities and services required of a student, intern or resident in an educational program acceptable to the Department who is pursuing a course of study leading to a bachelor’s or higher degree in an educational program acceptable to the Department provided that such activities and services constitute a part of his or her supervised course of study in such a program. Such a person would use a title which clearly indicates his or her training status.

  2. What are some other exemptions that apply to practices in various settings?

    The following examples include those who may perform the duties of licensed behavior analysts and/or certified behavior analyst assistants in the course of employment if the person is employed:

    • By a federal, state, county, or municipal agency, or other political subdivision;
    • By a chartered elementary or secondary school or degree-granting institution;
    • As a certified teacher or teaching assistant, other than a pupil services professional, in an approved program or in certain settings in accord with §4410 of the Education Law;
    • As a certified teacher or teaching assistant, other than a pupil personnel services professional, in the course of employment or contractual agreement, if such a person is employed or contracted with an agency approved by the Department of Health to provide Early Intervention Services in accord with the Public Health Law; or
    • As an Early Intervention ABA Aide, in accord with the regulations of the Commissioner of Health, acting under the supervision and direction of a qualified supervisor who is licensed, or otherwise authorized under Title VIII of the Education Law in the following activities and functions:
      • Assisting the supervisor and qualified personnel with the implementation of individual ABA plans;
      • Assisting in the recording and collection of data needed to monitor progress;
      • Participating in required team meetings; or
      • Completing any other activities as directed by his or her supervisor as necessary to assist in the implementation of individual ABA plan provided such activities do not require professional skill or judgment.

  3. May family members, and others, provide the services and activities of applied behavior analysis?

    Any family member, household member or friend, or person employed primarily in a domestic capacity (who does not use a restricted title, or offer, hold out, or provide applied behavior analysis services for a fee) is not prohibited from providing services and activities to persons with autism spectrum disorders within family.

  4. May programs that are certified by the Office of Alcoholism and Substance Abuse Services provide substance use disorder services for persons with autism and autism spectrum disorders and related disorders?

    Yes. Such programs that are certified by the Office of Alcoholism and Substance Abuse Services may provide substance use disorder services with persons with autism and autism spectrum disorders and related disorders.

  5. May persons who are employed or retained by programs licensed, certified, operated, approved, registered, funded and regulated by OPWDD, OCFS, or OMH perform the duties of a licensed behavior analyst or a certified behavior analyst assistant in the course of such employment as long as they do not use an authorized title under Article 167?

    Yes, until July 1, 2020, which is when this exemption will be repealed.

  6. Are there activities related to the practice of Applied Behavior Analysis that may be provided by persons who are not licensed or otherwise authorized by Title VIII of the Education Law?

    Yes. Chapter 167 does not restrict persons who are not licensed from the following activities, except as noted:

    • 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;
    • Creating, developing or implementing a service plan unrelated to an ABA plan. The provisions of Article 167, however, shall not apply to behavioral health treatments other than ABA that may be provided to persons with autism spectrum disorder.
    • Participating as a member of a multi-disciplinary team to implement an ABA plan, as long as the multidisciplinary team shall include one or more professionals licensed as physicians, psychologists, licensed clinical social workers, licensed master social workers, licensed mental health counselors, licensed psychoanalysts, licensed marriage and family therapists, and licensed creative arts therapists as long as the activities performed by members of the team fall within the scope of practice for each team member licensed or authorized under Title VIII.
      • Members of the team who are not authorized by licensure may not engage in the following restricted practices:
        1. Creation, modification, or termination of an ABA plan
        2. Diagnosis of mental, emotional, behavioral, addictive, and developmental disorders and disabilities
        3. Patient assessment and evaluating
        4. Provision of psychotherapeutic treatment
        5. Provision of treatment other than psychotherapeutic treatment
        6. Development and implementation of assessment-based treatment plans, as defined in Education Law §7701.
      • Nothing in this law authorizes the delegation of activities that are restricted under the scope of practice of a profession licensed under Title VIII of the Education Law to an individual who is not appropriately licensed or authorized under Title VIII.

  7. Are there additional activities or functions that may be provided by persons who are not licensed?

    Yes. It is the responsibility of the licensed provider to ensure that the activity or function does not require a license prior to assigning it to an unlicensed person.

  8. Is a licensed behavior analyst or a certified behavior analyst assistant identified as a "human services professional" under the New York State Social Service Law?

    Yes. Licensed behavior analysts and certified behavior analyst assistants are both identified as "human service professionals" under the New York State Social Service Law.
Last Updated: December 1, 2016