(a) assisting the supervisor and qualified personnel with the
implementation of individual ABA plans;
(b) assisting in the recording and collection of data needed to
monitor progress;
(c) participating in required team meetings; and
(d) completing any other activities as directed by his or her
supervisor and as necessary to assist in the implementation of
individual ABA plans.
Provided however, that nothing in this subdivision shall authorize the
delegation of restricted activities to an individual who is not
appropriately licensed or otherwise authorized under this title;
provided further however, that in regard to the early intervention
program established pursuant to title two-A of article twenty-five of
the public health law, an early intervention ABA aide under the
supervision and direction of a qualified supervisor may complete
activities necessary to assist in the implementation of an individual
ABA plan, provided that such activities do not require professional
skill or judgment.
7. This article shall not be construed to prohibit care delivered by
any family member, household member or friend, or person employed
primarily in a domestic capacity who does not hold himself or herself
out, or accept employment, as a person licensed to practice applied
behavior analysis under the provisions of this article; provided that,
if such person is remunerated, the person does not hold himself or
herself out as one who accepts employment for performing such care.
8. Nothing in this article shall be construed as prohibiting programs
certified by the office of alcoholism and substance abuse services from
providing substance use disorder services for persons with autism and
autism spectrum disorders and related disorders.
9. Nothing in this article shall be construed as prohibiting the
activities and services required of a graduate of an educational program
acceptable to the department, seeking to complete supervised experience
and/or examination requirements for certification or registration by a
national certifying body having certification or registration standards
acceptable to the commissioner; provided, however, that the graduate
shall be under the supervision of a licensed behavior analyst who is
licensed and registered in New York and employed by a setting authorized
to provide applied behavior analysis services in New York, acceptable to
the department. The supervising licensed behavior analyst shall submit,
upon commencing the supervision of any graduate or no later than ninety
days after the effective date of this subdivision, on a form prescribed
by the department, a sworn statement attesting to compliance with the
requirements of this subdivision. Such use of a graduate shall subject
the supervising licensed behavior analyst to the full disciplinary and
regulatory authority of the board of regents and the department pursuant
to this title. The supervising licensed behavior analyst shall notify
the patient or the person legally responsible for the patient if the
patient is a minor, or other individual incapable of consenting, when
services will be provided by a graduate under supervision. The
supervising licensed behavior analyst shall remain responsible for
services provided to the patient by the graduate and shall provide the
patient or person legally responsible for the patient an opportunity to
object to the use of a graduate to provide applied behavior analysis
services under supervision.