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Senate bill · S8429 (2025-26)

Relates to holders of certain operating certificates authorized to provide behavioral analysis services…

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Relates to holders of certain operating certificates authorized to provide behavioral analysis services, or to employ or contract with applied behavior analysts and mental health counselors

The heading above is this same sentence with its legal opening removed. No words were added, changed or reordered.

Latest action Jun 1, 2026

New York State Senate

Sponsor

Patricia Fahy

State Senator, District 46 · Democratic

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Summary

Authorizes holders of certain operating certificates for treatment of persons with developmental disabilities to provide behavioral analysis services, so long as the professional providing such services is operating within their scope of practice; authorizes holders of such operating certificates to employ or contract with applied behavior analysts and mental health counselors.

Summary from NY Open Legislation. How we handle summaries

Amends the Mental Hygiene Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 20, 2026. About our data

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Purpose, from the sponsor's memo

To amend the mental hygiene law, in relation to authorizing holders of certain operating certificates to employ or contract with applied behav- ior analysts and mental health counselors.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Disabilities · New York State Senate

Also referred to Rules · New York State Assembly, Rules · New York State Senate.

Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic1

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Patricia Fahy says this is needed

Licensed Behavior Analysts (LBAs) and Licensed Mental Health Counselors (LMHCs) can only be employed in OPWDD settings under the titles of Behavior Intervention Specialist (BIS) or Applied Behavioral Sciences Specialist (ABSS). Under OPWDD regulations, LBAs and LMHCs are required to receive review and approval of their work by a licensed psychologist, licensed clinical social worker, or a licensed psychiatrist, even though these professionals are separately licensed, have extensive training, and have experience in their respective fields. This additional level of review and approval is costly and contributes to delays in care. These reviews provide no added benefit to the quality of the service being delivered.These reviews also impose an unwarranted cost on OPWDD agen- cies, as an additional licensed provider must be paid to review and approve the work LBAs and LMHCs would do independently in any other setting. The legislature has provided the professions with the ability to practice independently within their scope of practice and there is no rationale for this additional undue burden in OPWDD settings.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Disabilities

    Senate DisabilitiesMay 11, 2026Result: passed

    (7) (0) (0) (0)

Full history

  1. Jun 1, 2026

    Amend (t) and Recommit to Finance

    AMEND (T) AND RECOMMIT TO FINANCE

    NY Senate

  2. May 11, 2026

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO DISABILITIES

    NY Senate

  4. Jun 10, 2025

    Referred to committee

    REFERRED TO RULES

    NY Senate