N.Y. Comp. Codes R. & Regs. tit. 8 § 29.20

Current through Register Vol. 46, No. 38, September 18, 2024

Section 29.20 - Special provisions for the applied behavior analysis professions

(a) Unprofessional conduct in the practice of licensed behavior analyst and certified behavior analyst assistant shall include conduct prohibited by sections 29.1 and 29.2 of this Part and, in accordance with section 8802 (3) and (4) of the Education Law, shall also include:

(1) Prescribing or administering drugs as defined in the Education Law or as a treatment, therapy, or professional service in the practice of his or her profession;

(2) Using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession. For purposes of this subdivision, "invasive procedure" means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means. Invasive procedure includes, but is not limited to, surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy; or

(3) Diagnosis of a disorder or condition for which applied behavior analysis may be appropriate or prescribing or ordering applied behavior analysis for a particular individual.

(b) In accordance with section 8801 (1) of the Education Law, for licensed behavior analysts providing services pursuant to a prescription or order, unprofessional conduct shall also include failing to provide a report at least annually regarding the status of the individual served to the licensed person who prescribed or ordered such service, or more frequently, if needed, in order to report significant changes in the condition of the individual.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 29.20

Adopted New York State Register December 27, 2023/Volume XLV, Issue 52, eff. 12/12/2023