§ 8802 — Definition of the practice of "applied behavior analysis"

§ 8802. Definition of the practice of "applied behavior analysis". 1.\nThe practice of applied behavior analysis by a "licensed behavior\nanalyst" shall mean the design, implementation and evaluation of\nenvironmental modifications, using behavioral stimuli and consequences,\nto produce socially significant improvement in human behavior, including\nthe use of direct observation, measurement, and functional analysis of\nthe relationship between environment and behavior, pursuant to a\ndiagnosis and prescription or order from a person who is licensed or\notherwise authorized to provide such diagnosis and prescription or\nordering services pursuant to a profession enumerated in this title, for\nthe purpose of providing behavioral health treatment. For purposes of\nthis section, prescriptions or orders for behavioral health treatment\nprovided by a licensed behavior analyst shall be limited to providing\ntreatment to individuals with behavioral health conditions that appear\nin the most recent edition of the diagnostic and statistical manual of\nmental disorders, published by the American Psychiatric Association, or\nan equivalent classification system as determined by the department. In\naddition, licensed behavior analysts providing services pursuant to a\nprescription or order, as authorized by this section, shall provide a\nreport at least annually regarding the status of the individual served\nto the licensed person prescribing or ordering such service or more\nfrequently, if needed, in order to report significant changes in the\ncondition of the individual.\n 2. The practice of applied behavior analysis by a "certified behavior\nanalyst assistant" means the services and activities provided by a\nperson certified in accordance with this article who works under the\nsupervision of a licensed behavior analyst to perform such patient\nrelated applied behavior analysis tasks as are assigned by the\nsupervising licensed behavior analyst. Supervision of a certified\nbehavior analyst assistant by a licensed behavior analyst shall be in\naccordance with regulations of the commissioner. No licensed behavior\nanalyst shall supervise more than six certified behavior analyst\nassistants.\n 3. The practice of applied behavior analysis shall not include\ndiagnosis of a disorder or condition for which ABA may be appropriate,\nor prescribing or ordering ABA for a particular individual.\n 4. Any individual whose license or authority to practice derives from\nthe provisions of this article shall be prohibited from:\n (a) Prescribing or administering drugs as defined in this chapter or\nas a treatment, therapy, or professional service in the practice of his\nor her profession; or\n (b) Using invasive procedures as a treatment, therapy, or professional\nservice in the practice of his or her profession. For purposes of this\nsubdivision, "invasive procedure" means any procedure in which human\ntissue is cut, altered, or otherwise infiltrated by mechanical or other\nmeans. Invasive procedure includes, but is not limited to, surgery,\nlasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive\ntherapy.\n