Licensure in New York as a Licensed Behavior Analyst (LBA) or Certified Behavior Analyst Assistant (CBAA) involves fulfillment of specific education, experience, and examination requirements, acceptable to the Department. The acceptable licensing examination for LBA and CBAA is defined in Commissioner's Regulations §79-17.3(a) and §79-18.3(a), respectively, with the language:
Content. The licensing examination shall consist of an examination designed to test knowledge related to all areas of applied behavior analysis.
In conformance with these requirements, the Department determined that individuals who applied on or after the effective date of the law, but who did not qualify for the grandparenting pathway, must pass the examination offered by the Behavior Analysis Certification Board (BACB) and a separate New York-specific examination related to autism and related disorders, offered by the same organization.
NYSED had an agreement with the BACB to offer the two examinations to Department-approved applicants through February 28, 2022. Since that date, the BACB has ceased offering the autism examination entirely, as it is not required in any jurisdiction other than New York. In recent communications with the Department, the BACB confirmed that the national examination appropriately tests candidates on their ability to use applied behavior analysis techniques to treat autism. The New York-specific autism examination is not required in the Education Law or the Regulations of the Education Commissioner. As such, based on this new information, the Department has updated its policy and no longer requires the autism examination of anyone who applied for licensure as of March 1, 2022.
However, as noted, prior to this change in policy, applicants were required to complete this exam. There are New York applicants who applied during the timeframe when the autism examination was required and who have met, or will meet, all requirements for licensure except the autism examination. Based on statements by the BACB that the national examination adequately tests candidates' knowledge about autism and related disorders within the practice of applied behavior analysis, and the Department's corresponding change in policy, the Board of Regents approved the staff recommendation that the autism examination for this cohort of candidates, and any other similarly situated candidates whose applications are in process, be waived on the basis that the examination requirement has been substantially met.
Based on the Board of Regents approval, the Department will review and update pending applications to waive the autism examination and review those applicants' experience for licensure. The website will be updated to eliminate the autism examination for those applying after March 1, 2022.
The Department continues to communicate with BACB regarding admission of New York candidates for licensure to the appropriate credentialing examination. Updates will be provided as they become available.