Insights & Resources

The New Jersey State Board of Applied Behavior Analyst Examiners published its Notice of Proposed Rulemaking to implement the Applied Behavior Analyst Licensing Act, P.L. 2019, c. 337 (the “Act”).

The Board proposed new regulations regarding the practice of ABA therapy in New Jersey, including, for example, licensing standards for applied behavior analysts and assistant applied behavior analysts, reciprocity requirements, scope of services, business practices, and telehealth requirements.  
 

• ABA Therapy: the proposed rules include definitions from the Act, such as "applied behavior analysis," "licensed assistant applied behavior analyst," and "licensed applied behavior analyst." The proposed rule also includes definitions that are not defined in the Act, such as "paraprofessional technician," which is an unlicensed individual who provides ABA services pursuant to a delegation from a LBA or LaBA. The Board also proposes certain supervision and delegation requirements, such as a face-to-face meeting between the LaBA and their supervisor.
• Licensure by Reciprocity: the proposed rules will allow the Board to issue a license to applicants if the Board determines that the state in which applicants are licensed has standards for licensure substantially equivalent to Board standards and applicants have been practicing for at least two years within the five years prior to applying for licensure.
• Scope of Services: the Board seeks to exempt certain professionals from the scope of the Act and the Board, including, for example, physicians, psychologists, psychoanalysts, marriage and family therapists, social workers, professional or rehabilitation counselors, or speech-language pathologists or audiologists. Paraprofessionals are also permitted to render ABA therapy without holding a Board license, as long as such services are provided pursuant to the extended authority and direction of a licensee.
• Advertising: the proposed rules will permit LBAs and LaBAs to advertise services, including advertisements for discounted or reduced fees, and the use of testimonials in advertisements.
• Record Retention: the proposed rules will require that licensees must maintain records for at least seven years or, in the case of minor clients, for seven years from the date of last entry or until the client turns 25 years old, whichever is longer.
• Telehealth: the proposed rules will permit licensees to engage in telemedicine or telehealth, and requires a licensee to determine whether he or she can provide ABA services through telemedicine or telehealth consistent with the standard of care for such services when provided in-person.
• Privacy Practices: the proposed rules will require licensees to establish privacy practices for electronic communications that comply with the standards at 45 CFR Parts 160 and 164, including, for example, reporting a breach of confidentiality and providing a notice of privacy practices with a written acknowledgement from the client or guardian.

Public comments are due by July 14, 2023. A copy of the full Notice of Proposed Rulemaking is available at 55 N.J.R. 989(a).

Should you have any questions regarding the above, please contact the authors, or your regular Garfunkel Wild contact or email us at info@garfunkelwild.com.