Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.
Delegation to Licensed Professionals | Delegation to Unlicensed Personnel
Delegation to Licensed Professionals
Licensed behavior analysts (LBAs) may delegate the provision of applied behavior analysis services and/or activities that are within the scope of their license. LBAs can practice and delegate tasks to other LBAs and certified behavior analyst assistants (CBAAs) to provide applied behavior analysis services and/or activities to patients diagnosed with autism, autism spectrum disorders and related disorders.
Delegating tasks to another licensed individual that are beyond his or her defined scope of practice and/or personal competency may result in charges of professional misconduct against the professional who delegated the task, as well as the licensee who performed them.
Delegation to Unlicensed Personnel
You may not delegate to an unlicensed person any tasks included in the scope of practice of applied behavior analysis even under the direct supervision of a LBA. It is unprofessional conduct for a licensee to delegate professional responsibilities when the delegating licensee knows that such a person is not qualified by licensure to perform such responsibilities.
Unlicensed individuals may perform tasks such as answering phones, preparing paperwork, and cleaning equipment. Family members or caregivers may be trained to assist the patient/client in the performance of self-directed tasks where appropriate (e.g., care at home).
Students fulfilling the clinical/practicum hours of an applied behavior analysis education program must be under the on-site but not necessarily direct, personal supervision of a LBA or otherwise authorized licensee. The students must be enrolled in an applied behavior analysis program conducted in a school acceptable to the New York State Education Department. Supervision of a student candidate must be by a LBA or otherwise authorized licensee. It must be on-site supervision, but not necessarily direct, personal supervision.
Citations of Pertinent Law, Rules or Regulations:
- Education Law, section 6509(9) - professional misconduct
- Regents Rules, part 29.1(b)(1) - unprofessional conduct