§ 8807. Exemptions. 1. Nothing contained in this article shall be\nconstrued to limit the scopes of practice of any other profession\nlicensed under this title.\n 2. Nothing in this article shall be construed as prohibiting a person\nfrom performing the duties of a licensed behavior analyst or a certified\nbehavior analyst assistant, in the course of such employment, if such\nperson is employed:\n a. by a federal, state, county or municipal agency, or other political\nsubdivision;\n b. by a chartered elementary or secondary school or degree-granting\ninstitution;\n c. as a certified teacher or teaching assistant, other than a pupil\npersonnel services professional, in an approved program as defined in\nparagraph b of subdivision one of section forty-four hundred ten of this\nchapter; or\n d. in a setting to the extent that the exemption in paragraph d of\nsubdivision six of section forty-four hundred ten of this chapter\napplies.\n 3. Nothing in this article shall be construed as prohibiting a\ncertified teacher or teaching assistant, other than a pupil personnel\nservices professional, from performing the duties of a licensed behavior\nanalyst or certified behavior analyst assistant, in the course of such\nemployment or contractual agreement, if such person is employed or\ncontracted with an agency approved by the department of health to\nprovide early intervention services or has an agreement with the\ndepartment of health to provide early intervention services pursuant to\ntitle two-A of article twenty-five of the public health law.\n 4. Nothing in this article shall be construed as prohibiting the\nactivities and services required of a student, intern, or resident in an\neducational program acceptable to the department pursuant to the\ncommissioner's regulations, pursuing a course of study leading to a\nbachelor's or higher degree in an educational program acceptable to the\ndepartment pursuant to the commissioner's regulations in an institution\napproved by the department, provided that such activities and services\nconstitute a part of his or her supervised course of study in an\neducational program acceptable to the department pursuant to the\ncommissioner's regulations. Such person shall be designated by title\nwhich clearly indicates his or her training status.\n 5. Nothing in this article shall be construed to affect or prevent a\nperson without a license or other authorization pursuant to this title\nfrom performing assessments, including collecting basic information,\ngathering demographic data, and making informal observations, for the\npurpose of determining need for services unrelated to an ABA plan.\nFurther, licensure or authorization pursuant to this article shall not\nbe required to create, develop or implement a service plan unrelated to\nan ABA plan. This article shall not apply to behavioral health\ntreatments other than ABA that may be provided to persons with autism\nspectrum disorder. A license under this article shall not be required\nfor persons to participate as a member of a multi-disciplinary team to\nimplement an ABA plan; provided, however, that such team shall include\none or more professionals licensed under this article or articles one\nhundred thirty-one, one hundred fifty-three, one hundred fifty-four or\none hundred sixty-three of this chapter; and provided further that the\nactivities performed by members of the team shall be consistent with the\nscope of practice for each team member licensed or authorized under this\ntitle, and those who are not so authorized may not engage in the\nfollowing restricted practices: creation, modification or termination of\nan ABA plan; diagnosis of mental, emotional, behavioral, addictive and\ndevelopmental disorders and disabilities; patient assessment and\nevaluating; provision of psychotherapeutic treatment; provision of\ntreatment other than psychotherapeutic treatment; and development and\nimplementation of assessment-based treatment plans, a
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