New York Senate Bill S08429

New York 2025-2026 Regular Session

• Introduced: 6/10/25
• Refer: 6/10/25
• Refer: 1/7/26
• Report Pass: 5/11/26

Caption

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

This bill amends the Mental Hygiene Law to expand what certain providers serving people with developmental disabilities may do under their operating certificates. It authorizes those providers to offer behavioral analysis services, as long as the services are delivered by professionals acting within their lawful scope of practice under the Education Law. The bill also expressly permits these providers to employ or contract with licensed or certified applied behavior analysts and licensed mental health counselors. In practical terms, the measure is aimed at broadening the staffing and service-delivery options available to facilities and agencies that already hold qualifying operating certificates. It ties the authorization to existing professional licensing rules, so the bill does not create new scopes of practice; rather, it allows certified providers to use those professionals in their programs and to deliver behavioral analysis services within the existing regulatory framework.

Impact

The bill would amend section 16.03 of the Mental Hygiene Law by adding a new subdivision authorizing certain operating-certificate holders to provide behavioral analysis services and to employ or contract with applied behavior analysts and mental health counselors. It cross-references article 167 of the Education Law for applied behavior analysis and section 8402 of the Education Law for mental health counseling, meaning the affected providers must still comply with those licensing and scope-of-practice requirements. The primary parties affected are developmental disability service providers, behavioral analysts, mental health counselors, and the individuals receiving services from those providers.

Sentiment

The available context suggests generally favorable support for the bill, as reflected by its introduction, referral, recommittal, and favorable report from the Committee on Disabilities before being sent to Finance. No votes or committee transcripts are provided, so there is no recorded opposition in the supplied materials. Overall, the measure appears to be viewed as a technical and service-expanding authorization rather than a controversial policy change.

Contention

No specific points of contention are documented in the provided record. Potential areas of concern, based on the bill text, could include whether the authorization might blur professional boundaries or create operational costs for providers, but the bill itself limits the change by requiring that all services be delivered within existing lawful scopes of practice. Because there are no transcripts or recorded votes, it is not possible to identify any named opponents or supporters from the supplied materials.