§ 45:8B-103 — Construction of act.

13. Nothing in this act shall be construed to apply to: a. the practice, activities, and services of qualified members of other professions, including physicians, psychologists, psychoanalysts, marriage and family therapists, social workers, professional or rehabilitation counselors, speech-language pathologists or audiologists, or any other profession licensed by the State, provided that: (1) qualified members of other professions do not hold themselves out to the public as possessing a license issued pursuant to this act or represent themselves by any professional title regulated by this act; and (2) the services provided by qualified members of other professions are within the boundaries of the licensed professional's education, training, and competence; and b. provided they do not represent themselves as possessing a license issued pursuant to this act or represent themselves by any professional title regulated by this act: (1) family members of recipients of applied behavior analysis services who implement applied behavior analysis treatment plans with the recipients under the extended authority and direction of a licensed applied behavior analyst or a licensed assistant applied behavior analyst; (2) paraprofessional technicians who deliver applied behavior analysis services under the extended authority and direction of a licensed applied behavior analyst, licensed assistant applied behavior analyst, provided that such paraprofessional technicians use titles that indicate their nonprofessional status; (3) applied behavior analysts who practice with nonhumans, and who may use the title "applied behavior analyst," including applied animal behaviorists and animal trainers; (4) professionals who provide general applied behavior analysis services to organizations, and who may use the title "applied behavior analyst," if those services are for the benefit of the organizations and do not involve direct services to individuals; (5) matriculated college or university students whose applied behavior analysis activities are part of a defined program of study, course, practicum, internship, or postdoctoral fellowship, if the applied behavior analysis activities under this exemption are directly supervised by a licensed applied behavior analyst, psychologist or exempt professional in this State, an instructor in a course sequence approved by the board, or another qualified faculty member, provided that such students use titles that indicate their nonprofessional status; (6) unlicensed persons pursuing experience in applied behavior analysis consistent with the experience requirements of the board, if the experience is supervised in accordance with the requirements of the board; (7) persons who teach applied behavior analysis or conduct behavior analytic research, and who may use the title " applied behavior analyst," if the teaching or research does not involve the direct delivery of applied behavior analysis services to individuals; (8) applied behavior analysts or applied assistant behavior analysts who work in this State not more than 10 consecutive business days, or not more than 15 intermittent business days, in any 90-day period, if the analyst resides outside, and the analyst's major practice is outside of, the State of New Jersey, and the analyst gives the board a summary of qualifications and a minimum of 10 days written notice of the analyst's intention to practice in the State under this section, provided the analyst: (a) is certified or licensed in another state under substantially equivalent requirements as an applied behavior analyst under this act; (b) is a Board Certified Behavior Analyst, Board Certified Behavior Analyst-Doctoral, or Board Certified Assistant Behavior Analyst; or (c) resides in a state which does not certify or license applied behavior analysts and the board considers the analyst's professional qualifications to be substantially equivalent to the requirements for licensing under this act; and is not adjudged and notified by the board to be ineligible for licensing under this act; (9) employees of a school district, charter school, education services commission, or private school in the performance of regular employment duties, if the provision of applied behavior analysis services is only on behalf of the school employer and remuneration for the provision of those services is provided solely by the school employer; (10) persons who are working under the authority of or under contract with the Division of Developmental Disabilities, in the Department of Human Services, if the provision of applied behavior analysis services is only on behalf of or under contract withthe Division of Developmental Disabilities and remuneration for the provision of those services is provided solely by the Division of Developmental Disabilities or one of its contracted providers. This paragraph shall be in effect only during the first three years after the effective date of this act; and (11) persons who are working under the authority of and under contract with the New Jersey Early Intervention Program, in the Department of Health, if the provision of applied behavior analysis services is only on behalf of or under contract with the New Jersey Early Intervention Program or one of its contracted providers. This paragraph shall be in effect only during the first five years after the effective date of this act. L.2019, c.337, s.13.