Frequently Asked Questions for Licensed Behavior Analysts

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.

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.
 

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.

• 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.

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.
 

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.
 

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.

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.
 

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.

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.

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.

Yes, until July 1, 2025, which is when this exemption will be repealed.

Yes. Section 8807 of Title VIII of the Education Law permits unlicensed persons, who may be identified as aides, to provide the following services and activities:

• Performing assessments for the purpose of determining need for services unrelated to an ABA plan (e.g., eligibility for child care opportunities), including collecting basic information, gathering demographic data, and making informal observations.
• Creating, developing or implementing a service plan unrelated to an ABA plan.
• Performing tasks that do not require professional skill or judgment, such as recording progress and completing other routine and repetitive activities to assist in the implementation of an individual ABA plan.
• 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, licensed behavior analysts, certified behavior analyst assistant 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 of the Education Law.

Yes, Section 8807 of Title VIII of the Education Law specifies that persons who are members of a multi-disciplinary team but are not licensed or authorized by law 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
• Development and implementation of assessment-based treatment plans, as defined in Education Law §7701

Yes. Section 8807 of Title VIII of the Education Law provides that an ABA Aide who is supervised and directed by a qualified supervisor who is licensed or otherwise authorized pursuant to Title VIII of the Education Law, and in accordance with the regulations established by the Commissioner of Health, may provide the following activities in an Early Intervention Program:

• 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;
• Completing any other activities as directed by his or her supervisor and as necessary to assist in the implementation of individual ABA plans;
• Completing activities necessary to assist in the implementation of an individual ABA plan provided that such activities do not require professional skill or judgment.

It is the responsibility of the qualified supervisor, in the Early Intervention setting to ensure that the activity or function does not require a license prior to assigning it to an unlicensed person.

It is the responsibility to the leader of the multi-disciplinary team, which must include at least one or more professional licensed under Title VIII of the Education Law, to ensure that unlicensed persons do not engage in the restricted practices that are specified in Question 50.

Nothing in Article 167 of Title VIII of the Education Law (Title VIII) authorizes the delegation of activities that are restricted under the scope of practice of a profession licensed under Title VIII to an individual who is not appropriately licensed or authorized under it.

Yes. Licensed behavior analysts and certified behavior analyst assistants are both identified as "human service professionals" under the New York State Social Service Law.