Legislative Updates

NYS Annual Prescriber Form

Posted 4/7/24

Chapter 818 of the Laws of 2021 (818) became effective June 30, 2023 and allows Licensed Behavior Analysts to provide ABA services to any person with a diagnosis in the DSM-V, not just autism spectrum disorder. As per this law, the licensed behavior analyst is required to report to the prescribing licensed professional on an annual basis. Failure to report to the prescriber on an annual basis is considered professional misconduct. NYSABA has developed a form that can be used to submit this report to the provider. This one page form has been developed in collaboration with Dr. Dennis Kuo, a developmental pediatrician, and feedback was obtained from other prescribers. The requirement to report to the prescriber is a great opportunity for LBAs to disseminate information regarding the efficacy of ABA services. The form is attached below.

Important Legislative Action! NYS Department of Health Administrative Proposals Regarding Early Intervention

Posted 4/7/24

NYSABA shares CASP and ACTS concerns about the proposed changes to Early Intervention that could impact the delivery of ABA services. Please click the following link to tell your legislators that you oppose these changes: https://oneclickpolitics.global.ssl.fastly.net/messages/edit?promo_id=22206

Attached is our official statement:

State Education Department Update - Guidance on Unlicensed Professionals

Updated 9/27/23

NYSABA would like to thank our Public Policy Committee for advocating for and working collaboratively with the State Education Department (SED) to help resolve a long-standing issue. Yesterday, SED released its long-awaited guidance on the use of unlicensed personnel in the ABA tiered service delivery model. We would like to thank CASP and Autism Speaks for their continued collaboration with NYSABA and for their ongoing advocacy on this issue and many other issues that impact the autistic community. It is important that all Licensed Behavior Analysts and Certified Behavior Analyst Assistants read and understand this new guidance. As a member of NYSABA, your membership helps support this important and necessary work. Thank you!

Please find the guidance here: https://www.op.nysed.gov/professions/licensed-behavior-analysts/professional-practice/guidance-on-the-roles-of-licensed-providers-and-unlicensed-personnel-in-delivering-aba-services

Medicaid Update:

Updates regarding bill A.10454 (NY Licensure)

11/30/22

NYSABA's lobbyist, leadership, and public policy team met with representatives of NYSED’s Office of the Professions today. One agenda item discussed was implementation of the new law that allows the BACB exam to become the licensure exam for New York Behavior Analysts and provides a route to licensure on the basis of national certification. Although the implementation time listed on the bill is immediate, this does not account for the fact that NYSED will need to establish processes and policies to implement this path to licensure, consistent with the law. We do not yet have a specific timeline for this. In the meantime, the standard pathway and procedures for licensure are still in effect. NYSED will reach out to applicants in the coming weeks to inform them about the alternative path to licensure. Any specific questions about licensure law should be directed to NYSED.

Please see the attached Memo of Support: