§465D-7  Exemptions.  (a)  This chapter is not intended to restrict the practice of other licensed or credentialed practitioners practicing within their own recognized scopes of practice and shall not apply to:

     (1)  An individual working within the scope of practice or duties of another licensed profession that overlaps with the practice of behavior analysis; provided that the person does not purport to be a behavior analyst;

     (2)  An individual who implements or designs applied behavior analysis services and possesses board certification as an assistant behavior analyst by the Behavior Analyst Certification Board and who practices in accordance with the most recent supervisory and ethical requirements adopted by the Behavior Analyst Certification Board under the direction of a behavior analyst licensed in this State;

     (3)  An individual who directly implements applied behavior analysis services and:

          (A)  Is credentialed as a registered behavior technician by the Behavior Analyst Certification Board, and is under the direction of a behavior analyst licensed in this State;

          (B)  Is a direct support worker who provides autism treatment services pursuant to an individualized education plan on or before January 1, 2019; [or]

        [(C)]  Is a direct support worker who provides medicaid home and community-based services pursuant to section 1915(c) of the Social Security Act on or before January 1, 2019;

          provided that for purposes of this paragraph, "direct support worker" means a teacher or paraprofessional who directly implements intervention or assessment plans under supervision and does not design intervention or assessment plans;

     (4)  A family member or legal guardian implementing an applied behavior analysis plan and who acts under the direction of a behavior analyst licensed in this State;

     (5)  An individual who engages in the practice of behavior analysis with nonhuman or nonpatient clients or consumers including but not limited to applied animal behaviorists and practitioners of organizational behavior management;

     (6)  A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum; provided that the student's or fellow's activities or practice is directly supervised by a behavior analyst licensed in this State or an instructor in a Behavior Analyst Certification Board-approved course sequence; or

     (7)  An individual pursuing experience in behavior analysis consistent with the Behavior Analyst Certification Board's experience requirements; provided that the experience is supervised by a behavior analyst licensed in this State.

     (b)  Nothing in this chapter shall be construed to prevent any licensed psychologist from engaging in the practice of behavior analysis in this State as long as the person is not in any manner held out to the public as a "licensed behavior analyst" or "behavior analyst" and the behavior analysis services provided by the licensed psychologist are within the licensed psychologist's recognized scope of practice. [L 2015, c 199, pt of §2; am L 2016, c 107, §2 and c 123, §3]

 

Note

 

  The L 2016, c 123, §3 amendment applies retroactive to January 1, 2016.  L 2016, c 123, §5.

  Department of education; reports to 2017-2018 legislature on progress in complying with licensure and certification requirements of this chapter.  L 2016, c 107, §3.