New York State is the ONLY state in the country that restricts delivery of Applied Behavior Analysis services outside of exempt settings to anyone who does not have an autism diagnosis.


The scope of practice restriction severely limits family choice in access to effective treatment for individuals who do not have a diagnosis of autism.

Legislative Action Toolkit

Key Talking Points/Script for a phone call

  • Introduce yourself and your relationship to the assemblyperson or Senator.  (e.g.  “I live in __________, I am a constituent).

  • Tell them that you are calling to discuss 

    1. Senate S.4967-A (sponsored by Senator James Skoufis)

    2. Assembly A.6389-A (sponsored by Assemblywoman Chrystal Peoples-Stokes) 

  • Make sure to only talk about things that you know. If you do not know the answer to something, say so.

Background information

  • In 2011, the Autism Insurance Reform Law was enacted that allowed individuals with autism to receive ABA services, as well as other services, through health insurance. 

  • When it came time to begin providing services for these individual with autism, there we very few providers who could provide the services since there was no license in the state of NY.  Behavior analysts are certified by a National Board.  

  • At that time, there were only about 40 board certified behavior analysts who were also licensed in another profession that could provide ABA services for individuals with autism.  

  • Therefore, in 2014, New York enacted a law to license behavior analysts, but the scope of practice of these behavior analysts was limited to only working with individuals with autism.  

  • Out of the 30 states with licensure for behavior analysts, New York is the only one that has a restriction on the scope of practice of behavior analysts.  

  • The profession of behavior analysis is a longstanding field for over 50 years and has made improvements in the lives of many individuals.  

    • Some other areas where behavior analysts have been successful include other developmental disabilities (e.g. Down Syndrome, ADHD), OCD, Alzheimer’s, substance abuse, and other disorders.  

  • ABA can treat many different challenging behaviors regardless of diagnosis.

Why does this matter to you?  Please include your own reasoning why the scope restriction should be removed.  Having your own personal reason is very important.

Reasons why this is an issue

  • There is already a shortage of behavior analysts in New York State.

  • This restriction is causing students to leave NY to be able to train in a variety of areas.

  • Professionals are choosing to either leave or avoid coming to New York to provide these crucial services. 

  • As mentioned previously, there are many individuals who need the services that cannot receive them because they do not have a diagnosis of autism.


  • Ask them if they will support the bill

  • And specifically ask if they will sign up as a co-sponsor

  • Make sure to thank the person for their time.

If the person agrees to co-sponsor the bill

  • Thank them and call back in a few days if they have not signed it.

  • Send handwritten thank you notes.


The New York State Association for Behavior Analysis Inc. (NYSABA) is the state chapter of the Association for Behavior Analysis International (ABAI), an international organization devoted to the study of the experimental analysis of behavior.


1732 1st Ave #20353

New York, NY 10128


The New York State Association for Behavior Analysis is proud to be an Affiliate Chapter of the Association for Behavior Analysis International and the Association for Professional Behavior Analysts