By: Simmons, Gonzales H.B. No. 2703
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Texas Board of Behavior
  Analyst Examiners and the requirement to obtain a license to
  practice as a behavior analyst or assistant behavior analyst;
  imposing fees; providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 3, Occupations Code, is
  amended by adding Chapter 506 to read as follows:
  CHAPTER 506.  BEHAVIOR ANALYSTS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 506.001.  SHORT TITLE.  This chapter may be cited as
  the Behavior Analyst Licensing Act.
         Sec. 506.002.  DEFINITIONS.  In this chapter:
               (1)  "Behavior analyst board" means the Texas Board of
  Behavior Analyst Examiners.
               (2)  "Certifying entity" means the nationally
  accredited Behavior Analyst Certification Board or another entity
  that is accredited by the National Commission for Certifying
  Agencies or the American National Standards Institute to issue
  credentials in the professional practice of applied behavior
  analysis and approved by the behavior analyst board.
               (3)  "Executive director" means the executive director
  of the medical board.
               (4)  "License holder" means a person licensed under
  this chapter.
               (5)  "Licensed assistant behavior analyst" means a
  person who is certified by the certifying entity as a Board
  Certified Assistant Behavior Analyst or who has an equivalent
  certification issued by the certifying entity and who meets the
  requirements specified by Sections 506.252 and 506.254.
               (6)  "Licensed behavior analyst" means a person who is
  certified by the certifying entity as a Board Certified Behavior
  Analyst or Board Certified Behavior Analyst--Doctoral or who has an
  equivalent certification issued by the certifying entity and who
  meets the requirements specified by Sections 506.252 and 506.253.
               (7)  "Medical board" means the Texas Medical Board.
               (8)  "Physician" means a person licensed to practice
  medicine by the medical board.
         Sec. 506.003.  PRACTICE OF APPLIED BEHAVIOR ANALYSIS.  (a)
  The practice of applied behavior analysis is the design,
  implementation, and evaluation of instructional and environmental
  modifications to produce socially significant improvements in
  human behavior.
         (b)  The practice of applied behavior analysis includes the
  empirical identification of functional relations between behavior
  and environmental factors, known as functional assessment or
  functional analysis.
         (c)  Applied behavior analysis interventions:
               (1)  are based on scientific research and the direct
  observation and measurement of behavior and environment; and
               (2)  use contextual factors, motivating operations,
  antecedent stimuli, positive reinforcement, and other procedures
  to help individuals develop new behaviors, increase or decrease
  existing behaviors, and elicit or evoke behaviors under specific
  environmental conditions.
         (d)  The practice of applied behavior analysis does not
  include:
               (1)  psychological testing, psychotherapy, cognitive
  therapy, cognitive rehabilitation, psychoanalysis, hypnotherapy,
  or counseling as treatment modalities; or
               (2)  the diagnosis of disorders.
  SUBCHAPTER B.  APPLICATION OF CHAPTER; USE OF TITLE
         Sec. 506.051.  LICENSED PSYCHOLOGISTS.  This chapter does
  not apply to a person licensed to practice psychology in this state
  if the applied behavior analysis services provided are within the
  scope of the licensed psychologist's education, training, and
  competence.
         Sec. 506.052.  OTHER LICENSED PROFESSIONALS.  This chapter
  does not apply to a person licensed to practice another profession
  in this state if the applied behavior analysis services provided
  are within:
               (1)  the scope of practice of the person's license under
  state law; and
               (2)  the scope of the person's education, training, and
  competence.
         Sec. 506.053.  FAMILY MEMBERS AND GUARDIANS.  This chapter
  does not apply to a family member or guardian of a recipient of
  applied behavior analysis services who is implementing a behavior
  analysis treatment plan for the recipient under the extended
  authority and direction of a licensed behavior analyst or licensed
  assistant behavior analyst.
         Sec. 506.054.  PARAPROFESSIONALS.  This chapter does not
  apply to a paraprofessional technician who delivers applied
  behavior analysis services if:
               (1)  the applied behavior analysis services are
  provided under the extended authority and direction of a licensed
  behavior analyst or licensed assistant behavior analyst; and
               (2)  the person is designated as an "applied behavior
  analysis technician," "behavior technician," "tutor," or
  "front-line therapist."
         Sec. 506.055.  STUDENTS, INTERNS, AND FELLOWS. This chapter
  does not apply to an applied behavior analysis activity or service
  of a college or university student, intern, or fellow if:
               (1)  the activity or service is part of a defined
  behavior analysis program of study, course, practicum, internship,
  or postdoctoral fellowship;
               (2)  the activity or service is directly supervised by
  a licensed behavior analyst or an instructor in a course sequence
  approved by the certifying entity; and
               (3)  the person is designated as a "student," "intern,"
  "fellow," or "trainee."
         Sec. 506.056.  SUPERVISED EXPERIENCE.  This chapter does
  not apply to an unlicensed person pursuing supervised experience in
  applied behavior analysis if the supervised experience is
  consistent with the requirements of the certifying entity and
  behavior analyst board rules.
         Sec. 506.057.  TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM
  ANOTHER STATE.  (a) This chapter does not apply to a behavior
  analyst licensed in another jurisdiction or certified by the
  certifying entity if the activities and services conducted in this
  state:
               (1)  are within the behavior analyst's customary area
  of practice;
               (2)  are conducted not more than 20 days in a calendar
  year; and
               (3)  are not otherwise in violation of this chapter.
         (b)  A behavior analyst described by Subsection (a) shall
  inform the recipient of applied behavior analysis services, or a
  parent or guardian of the recipient if the recipient is under 18
  years of age, that:
               (1)  the behavior analyst is not licensed in this
  state; and
               (2)  the activities and services provided by the
  behavior analyst are time-limited.
         Sec. 506.058.  TEACHER OR EMPLOYEE OF SCHOOL DISTRICT.  (a)
  This chapter does not apply to a teacher or employee of a private or
  public school who provides applied behavior analysis services if
  the teacher or employee is performing duties within the scope of the
  teacher's or employee's employment.
         (b)  A person described by Subsection (a) may not:
               (1)  represent that the person is a behavior analyst,
  unless the applied behavior analysis services provided are within
  the person's education, training, and competence;
               (2)  offer applied behavior analysis services to any
  person, other than within the scope of the person's employment
  duties for the school; or
               (3)  receive compensation for providing applied
  behavior analysis services, other than the compensation that the
  person receives from the person's school employer.
         Sec. 506.059.  USE OF TITLE "BEHAVIOR ANALYST." (a) This
  chapter does not apply to a person described by Subsection (b).
         (b)  A person may use the title "behavior analyst" if the
  person:
               (1)  is a behavior analyst who practices with
  nonhumans, including an applied animal behaviorist or an animal
  trainer;
               (2)  teaches behavior analysis or conducts behavior
  analytic research if the teaching or research activities do not
  involve the delivery or supervision of applied behavior analysis
  services; or
               (3)  is a professional who provides general applied
  behavior analysis services to organizations if those services:
                     (A)  are for the benefit of the organization; and
                     (B)  do not involve direct services to
  individuals.
  SUBCHAPTER C.  TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS
         Sec. 506.101.  BOARD MEMBERSHIP.  (a) The behavior analyst
  board is composed of nine members appointed by the governor with the
  advice and consent of the senate as follows:
               (1)  four licensed behavior analysts, at least one of
  whom must be certified as a Board Certified Behavior
  Analyst--Doctoral, or hold an equivalent certification issued by
  the certifying entity;
               (2)  one licensed assistant behavior analyst;
               (3)  one physician who has experience providing mental
  health or behavioral health services; and
               (4)  three members who represent the public and who are
  either former recipients of applied behavior analysis services or
  the parent or guardian of a current or former recipient of applied
  behavior analysis services.
         (b)  To be qualified for appointment under Subsection
  (a)(1), a person must have at least five years of experience as a
  licensed behavior analyst after being certified by the certifying
  entity.
         (c)  Appointments to the behavior analyst board shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         Sec. 506.102.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is
  not eligible for appointment as a public member of the behavior
  analyst board if:
               (1)  the person is registered, certified, or licensed
  by an occupational regulatory agency in the field of mental health;
               (2)  the person's spouse is registered, certified, or
  licensed by an occupational regulatory agency in the field of
  mental health; or
               (3)  the person or the person's spouse:
                     (A)  is employed by or participates in the
  management of a business entity or other organization receiving
  funds from the medical board or the behavior analyst board;
                     (B)  owns or controls, directly or indirectly,
  more than a 10 percent interest in a business entity or other
  organization receiving funds from the medical board or the behavior
  analyst board; or
                     (C)  uses or receives a substantial amount of
  funds from the medical board or the behavior analyst board, other
  than compensation or reimbursement authorized by law for medical
  board or behavior analyst board membership, attendance, or
  expenses.
         Sec. 506.103.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)
  In this section, "Texas trade association" means a cooperative and
  voluntarily joined statewide association of business or
  professional competitors in this state designed to assist its
  members and its industry or profession in dealing with mutual
  business or professional problems and in promoting their common
  interest.
         (b)  A person may not be a member of the behavior analyst
  board and may not be an employee of the medical board or the
  behavior analyst board employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.) if:
               (1)  the person is an officer, employee, manager, or
  paid consultant of a Texas trade association in the field of mental
  health; or
               (2)  the person's spouse is an officer, employee,
  manager, or paid consultant of a Texas trade association in the
  field of mental health.
         (c)  A person may not be a member of the behavior analyst
  board or act as general counsel to the medical board or the behavior
  analyst board if the person is required to register as a lobbyist
  under Chapter 305, Government Code, because of the person's
  activities for compensation on behalf of a profession related to
  the operation of the behavior analyst board.
         Sec. 506.104.  TERMS; VACANCY.  (a) Members of the behavior
  analyst board serve staggered six-year terms, with the terms of
  three members expiring February 1 of each odd-numbered year.
         (b)  A member may not serve more than two consecutive
  six-year terms.
         (c)  If a vacancy occurs during a member's term, the governor
  shall appoint a member to fill the unexpired term.
         (d)  A member shall serve until a successor is appointed and
  assumes office.
         Sec. 506.105.  OFFICERS.  At the meeting of the behavior
  analyst board held on the date closest to August 31 of each year,
  the behavior analyst board shall elect from its members a presiding
  officer, a secretary, and any other officers required to conduct
  the business of the behavior analyst board.
         Sec. 506.106.  GROUNDS FOR REMOVAL.  (a) It is a ground for
  removal from the behavior analyst board that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Section 506.101;
               (2)  does not maintain during service on the behavior
  analyst board the qualifications required by Section 506.101;
               (3)  is ineligible for membership under Sections
  506.102 or 506.103;
               (4)  cannot, because of illness or disability, complete
  the member's duties for a substantial part of the member's term; or
               (5)  is absent from more than half of the regularly
  scheduled behavior analyst board meetings that the member is
  eligible to attend during a calendar year without an excuse
  approved by a majority vote of the behavior analyst board.
         (b)  The validity of an action of the behavior analyst board
  is not affected by the fact that the action is taken when a ground
  for removal of a member exists.
         (c)  If the executive director has knowledge that a potential
  ground for removal exists, the executive director shall notify the
  presiding officer of the behavior analyst board of the potential
  ground. The presiding officer shall then notify the governor and
  the attorney general that a potential ground for removal exists. If
  the potential ground for removal involves the presiding officer,
  the executive director shall notify the next highest ranking
  officer of the behavior analyst board, who shall then notify the
  governor and the attorney general that a potential ground for
  removal exists.
         Sec. 506.107.  COMPENSATION; REIMBURSEMENT.  (a) A
  behavior analyst board member may not receive compensation for the
  member's services. A member is entitled to a per diem and travel
  allowance for each day the member engages in behavior analyst board
  business at the rate set for state employees in the General
  Appropriations Act.
         (b)  The per diem and travel allowance authorized by this
  section may be paid only from fees collected under this chapter.
         Sec. 506.108.  MEETINGS.  (a) The behavior analyst board
  shall meet at least twice each year.
         (b)  The behavior analyst board may meet at other times at
  the call of the presiding officer or a majority of the members.
         Sec. 506.109.  TRAINING PROGRAM FOR MEMBERS.  (a) A person
  who is appointed to and qualifies for office as a member of the
  behavior analyst board may not vote, deliberate, or be counted as a
  member in attendance at a meeting of the behavior analyst board
  until the person completes a training program that complies with
  this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this chapter and the programs, functions, rules,
  and budget of the behavior analyst board;
               (2)  the results of the most recent formal audit of the
  behavior analyst board;
               (3)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (4)  any applicable ethics policies adopted by the
  behavior analyst board or the Texas Ethics Commission.
         (c)  A person appointed to the behavior analyst board is
  entitled to reimbursement, as provided by the General
  Appropriations Act, for the travel expenses incurred in attending
  the training program regardless of whether the attendance at the
  program occurs before or after the person qualifies for office.
         Sec. 506.110.  CIVIL LIABILITY.  A member of the behavior
  analyst board is not liable in a civil action for an act performed
  in good faith while performing duties as a member.
  SUBCHAPTER D.  POWERS AND DUTIES OF BEHAVIOR ANALYST BOARD AND
  MEDICAL BOARD
         Sec. 506.151.  GENERAL POWERS AND DUTIES OF BEHAVIOR ANALYST
  BOARD. (a) Subject to the advice and approval of the medical
  board, the behavior analyst board shall:
               (1)  adopt rules consistent with this chapter to carry
  out the behavior analyst board's duties in administering this
  chapter; and
               (2)  establish standards of conduct and adopt a code of
  professional ethics for license holders.
         (b)  The behavior analyst board shall:
               (1)  administer and enforce this chapter;
               (2)  determine the qualifications and fitness of each
  applicant for a license, license renewal, or temporary license and
  review and approve or reject each application for the issuance or
  renewal of a license;
               (3)  issue each license;
               (4)  deny, suspend, or revoke a license or otherwise
  discipline a license holder; and
               (5)  ensure strict compliance with and enforcement of
  this chapter.
         Sec. 506.152.  ASSISTANCE BY MEDICAL BOARD. (a) The medical
  board shall provide administrative and clerical employees as
  necessary to enable the behavior analyst board to administer this
  chapter.
         (b)  Subject to the advice and approval of the medical board,
  the behavior analyst board shall develop and implement policies
  that clearly separate the policy-making responsibilities of the
  behavior analyst board and the management responsibilities of the
  executive director and the staff of the medical board.
         Sec. 506.153.  FEES.  (a) The behavior analyst board, with
  the advice and approval of the medical board, by rule shall set fees
  in amounts reasonable and necessary to cover the costs of
  administering this chapter.
         (b)  Funds to administer this chapter may be appropriated
  only from fees collected under this chapter.
         Sec. 506.154.  RULES RESTRICTING ADVERTISING OR COMPETITIVE
  BIDDING.  (a) The medical board or behavior analyst board may not
  adopt rules restricting advertising or competitive bidding by a
  license holder except to prohibit false, misleading, or deceptive
  practices.
         (b)  The medical board or behavior analyst board may not
  include in rules to prohibit false, misleading, or deceptive
  practices by a license holder a rule that:
               (1)  restricts the license holder's use of any
  advertising medium;
               (2)  restricts the license holder's personal appearance
  or use of the license holder's voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the license holder; or
               (4)  restricts the license holder's advertisement under
  a trade name.
         Sec. 506.155.  RULES ON CONSEQUENCES OF CRIMINAL
  CONVICTION.  (a) The behavior analyst board shall adopt rules
  necessary to comply with Chapter 53.
         (b)  In the behavior analyst board's rules under this
  section, the behavior analyst board shall list the specific
  offenses for which a conviction would constitute grounds for the
  behavior analyst board to take action under Section 53.021.
         Sec. 506.156.  ANNUAL REGISTRY.  (a) The behavior analyst
  board shall annually prepare a registry of all license holders.
         (b)  The behavior analyst board shall make the registry
  available to the public, license holders, and other state agencies.
         Sec. 506.157.  BEHAVIOR ANALYST BOARD DUTIES REGARDING
  COMPLAINTS.  (a) The behavior analyst board by rule shall:
               (1)  adopt a standardized form for filing complaints
  with the behavior analyst board; and
               (2)  prescribe information to be provided when a person
  files a complaint with the behavior analyst board.
         (b)  The behavior analyst board shall provide reasonable
  assistance to a person who wishes to file a complaint with the
  behavior analyst board.
         Sec. 506.158.  USE OF TECHNOLOGY.  Subject to the advice and
  approval of the medical board, the behavior analyst board shall
  implement a policy requiring the behavior analyst board to use
  appropriate technological solutions to improve the behavior
  analyst board's ability to perform the behavior analyst board's
  functions. The policy must ensure that the public is able to
  interact with the behavior analyst board on the Internet.
         Sec. 506.159.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION POLICY.  (a) Subject to the advice and approval
  of the medical board, the behavior analyst board shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of behavior analyst board
  rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the behavior
  analyst board's jurisdiction.
         (b)  The behavior analyst board's procedures relating to
  alternative dispute resolution must conform, to the extent
  possible, to any model guidelines issued by the State Office of
  Administrative Hearings for the use of alternative dispute
  resolution by state agencies.
         (c)  The behavior analyst board shall designate a trained
  person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the behavior analyst board.
  SUBCHAPTER E.  PUBLIC INTEREST INFORMATION
  AND COMPLAINT PROCEDURES
         Sec. 506.201.  PUBLIC INTEREST INFORMATION.  (a) The
  behavior analyst board shall prepare information of public interest
  describing the functions of the behavior analyst board.
         (b)  The behavior analyst board shall make the information
  available to the public and appropriate state agencies.
         Sec. 506.202.  COMPLAINTS.  (a) The behavior analyst board
  by rule shall establish methods by which service recipients are
  notified of the name, mailing address, and telephone number of the
  behavior analyst board for the purpose of directing complaints to
  the behavior analyst board. The behavior analyst board may provide
  for that notice:
               (1)  on each registration form, application, or written
  contract for services of a person regulated under this chapter;
               (2)  on a sign prominently displayed in the place of
  business of each person regulated under this chapter; or
               (3)  in a bill for services provided by a person
  regulated under this chapter.
         (b)  The behavior analyst board shall list with its regular
  telephone number any toll-free telephone number established under
  other state law that may be called to present a complaint about a
  health professional.
         Sec. 506.203.  INFORMATION ABOUT COMPLAINT ACTIONS.  (a)
  The behavior analyst board shall maintain a system to promptly and
  efficiently act on complaints filed with the behavior analyst
  board. The behavior analyst board shall maintain information about
  parties to a complaint, the subject matter of the complaint, a
  summary of the results of the review or investigation of the
  complaint, and the disposition of the complaint.
         (b)  The behavior analyst board shall make information
  available describing its procedures for complaint investigation
  and resolution.
         (c)  The behavior analyst board shall periodically notify
  the complaint parties of the status of the complaint until final
  disposition.
         (d)  The behavior analyst board shall analyze complaints
  filed with the behavior analyst board to identify any trends or
  issues related to certain violations, including:
               (1)  the reason for each complaint;
               (2)  how each complaint was resolved; and
               (3)  the subject matter of each complaint that was not
  within the jurisdiction of the behavior analyst board and how the
  behavior analyst board responded to the complaint.
         Sec. 506.204.  GENERAL RULES REGARDING COMPLAINT
  INVESTIGATION AND DISPOSITION.  The behavior analyst board shall
  adopt rules concerning the investigation of a complaint filed with
  the behavior analyst board. The rules must:
               (1)  distinguish between categories of complaints;
               (2)  ensure that a complaint is not dismissed without
  appropriate consideration;
               (3)  require that the behavior analyst board be advised
  of a complaint that is dismissed and that a letter or electronic
  communication be sent to the person who filed the complaint
  explaining the action taken on the dismissed complaint;
               (4)  ensure that the person who filed the complaint has
  an opportunity to explain the allegations made in the complaint;
  and
               (5)  prescribe guidelines concerning the categories of
  complaints that require the use of a private investigator and the
  procedures for the behavior analyst board to obtain the services of
  a private investigator.
         Sec. 506.205.  CONFIDENTIALITY OF COMPLAINT INFORMATION.
  (a) Except as provided by Subsection (b), a complaint and
  investigation concerning a license holder and all information and
  materials compiled by the behavior analyst board in connection with
  the complaint and investigation are not subject to:
               (1)  disclosure under Chapter 552, Government Code; or
               (2)  disclosure, discovery, subpoena, or other means of
  legal compulsion for release of information to any person.
         (b)  A complaint or investigation subject to Subsection (a)
  and all information and materials compiled by the behavior analyst
  board in connection with the complaint, in accordance with Chapter
  611, Health and Safety Code, may be disclosed to:
               (1)  the behavior analyst board and behavior analyst
  board employees or agents involved in license holder discipline;
               (2)  a party to a disciplinary action against the
  license holder or that party's designated representative;
               (3)  a law enforcement agency if required by law;
               (4)  a governmental agency if:
                     (A)  the disclosure is required or permitted by
  law; and
                     (B)  the agency obtaining the disclosure protects
  the identity of any patient whose records are examined; or
               (5)  the legislature.
         (c)  Unless good cause for delay is shown to the presiding
  officer at the hearing, the behavior analyst board shall provide
  the license holder with access to all information that the behavior
  analyst board intends to offer into evidence at the hearing not
  later than the 30th day after the date the behavior analyst board
  receives a written request from a license holder who is entitled to
  a hearing under this chapter or from the license holder's attorney
  of record.
         (d)  The behavior analyst board shall protect the identity of
  any patient whose records are examined in connection with a
  disciplinary investigation or proceeding against a license holder,
  except:
               (1)  a patient who initiates the disciplinary action;
  or
               (2)  a patient who has submitted a written consent to
  release the records.
         Sec. 506.206.  PUBLIC PARTICIPATION.  (a) The behavior
  analyst board shall develop and implement policies that provide the
  public with a reasonable opportunity to appear before the behavior
  analyst board and to speak on any issue under the behavior analyst
  board's jurisdiction.
         (b)  The behavior analyst board shall prepare and maintain a
  written plan that describes how a person who does not speak English
  may be provided reasonable access to the behavior analyst board's
  programs.
  SUBCHAPTER F.  LICENSE REQUIREMENTS
         Sec. 506.251.  LICENSE REQUIRED.  (a) Except as provided by
  Subchapter B, a person may not engage in the practice of applied
  behavior analysis unless the person holds a license under this
  chapter.
         (b)  A person may not use the title "licensed behavior
  analyst" or "licensed assistant behavior analyst," as appropriate,
  unless the person is licensed under this chapter.
         (c)  Except as provided by Subchapter B, a person may not use
  the title "behavior analyst" unless the person is licensed under
  this chapter.
         Sec. 506.252.  LICENSE APPLICATION.  Each applicant for a
  license under this chapter must submit an application and the
  required fees to the behavior analyst board. The application must
  include sufficient evidence, as defined by behavior analyst board
  rules, that the applicant:
               (1)  is of good moral character; and
               (2)  has successfully completed a state-approved
  criminal background check.
         Sec. 506.253.  REQUIREMENTS FOR LICENSED BEHAVIOR
  ANALYST.  An applicant for a license as a licensed behavior analyst
  must present evidence to the behavior analyst board that the
  applicant:
               (1)  is currently certified by the certifying entity as
  a Board Certified Behavior Analyst or a Board Certified Behavior
  Analyst--Doctoral or an equivalent certification issued by the
  certifying entity;
               (2)  has met the educational requirements of the Board
  Certified Behavior Analyst standard or the Board Certified Behavior
  Analyst--Doctoral standard or an equivalent standard adopted by the
  certifying entity;
               (3)  has passed the Board Certified Behavior Analyst
  examination, or an equivalent examination offered by the certifying
  entity, in applied behavior analysis;
               (4)  is in compliance with all professional, ethical,
  and disciplinary standards established by the certifying entity;
  and
               (5)  is not subject to any disciplinary action by the
  certifying entity.
         Sec. 506.254.  REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
  ANALYST.  An applicant for a license as a licensed assistant
  behavior analyst must present evidence to the behavior analyst
  board that the applicant:
               (1)  is currently certified by the certifying entity as
  a Board Certified Assistant Behavior Analyst or an equivalent
  certification issued by the certifying entity;
               (2)  has met the educational requirements of the Board
  Certified Assistant Behavior Analyst standard or an equivalent
  standard adopted by the certifying entity;
               (3)  has passed the Board Certified Assistant Behavior
  Analyst examination, or an equivalent examination offered by the
  certifying entity, in applied behavior analysis;
               (4)  is in compliance with all professional, ethical,
  and disciplinary standards established by the certifying entity;
               (5)  is not subject to any disciplinary action by the
  certifying entity; and
               (6)  is currently supervised by a licensed behavior
  analyst in accordance with the requirements of the certifying
  entity.
         Sec. 506.255.  ISSUANCE OF LICENSE.  The behavior analyst
  board shall issue a license as a licensed behavior analyst or a
  licensed assistant behavior analyst, as appropriate, to an
  applicant who:
               (1)  complies with the requirements of this chapter;
               (2)  meets any additional requirements the behavior
  analyst board establishes by rule; and
               (3)  pays the required fees.
         Sec. 506.256.  TEMPORARY LICENSE.  (a) The behavior analyst
  board by rule may provide for the issuance of a temporary license.
         (b)  Rules adopted under this section must include a time
  limit for a temporary license.
         Sec. 506.257.  RECIPROCITY.  (a) The behavior analyst board
  shall issue a license to a person who is currently licensed as a
  behavior analyst or as an assistant behavior analyst from another
  state or jurisdiction that imposes licensure requirements similar
  to those specified in this chapter.
         (b)  An applicant for a reciprocal license shall:
               (1)  submit evidence to the behavior analyst board that
  the applicant:
                     (A)  is in good standing as determined by the
  behavior analyst board;
                     (B)  holds a valid license from another state or
  jurisdiction; and
                     (C)  is in compliance with other requirements
  established by Sections 506.252, 506.253, 506.254, or 506.255, as
  appropriate; and
               (2)  pay the required fees.
         Sec. 506.258.  INACTIVE STATUS.  The behavior analyst board
  by rule may provide for a person licensed under this chapter to be
  placed on inactive status.
         Sec. 506.259.  RETIREMENT STATUS.  The behavior analyst
  board by rule may adopt a system for placing a person licensed under
  this chapter on retirement status.
  SUBCHAPTER G.  LICENSE RENEWAL
         Sec. 506.301.  LICENSE EXPIRATION.  (a) A license issued
  under this chapter expires on the second anniversary of the date of
  issuance.
         (b)  The behavior analyst board by rule may adopt a system
  under which licenses expire on various dates during the year. For a
  year in which the expiration date is changed, the behavior analyst
  board shall prorate the licensing fee so that each license holder
  pays only the portion of the fee that is allocable to the number of
  months during which the license is valid. On renewal of the license
  on the new expiration date, the entire licensing fee is payable.
         Sec. 506.302.  LICENSE RENEWAL.  Before the expiration of a
  license, a license may be renewed by:
               (1)  submitting an application for renewal;
               (2)  paying the renewal fee imposed by the behavior
  analyst board; and
               (3)  providing verification to the behavior analyst
  board of continued certification by the certifying entity, which
  signifies that the applicant for renewal has met any continuing
  education requirements established by the certifying entity.
  SUBCHAPTER H.  LICENSE DENIAL AND DISCIPLINARY PROCEDURES
         Sec. 506.351.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
  ACTION.  After a hearing, the behavior analyst board may deny a
  license to an applicant, suspend or revoke a person's license, or
  place on probation a license holder if the applicant or license
  holder:
               (1)  violates this chapter or a behavior analyst board
  order or rule;
               (2)  obtains a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (3)  sells, barters, or offers to sell or barter a
  license; or
               (4)  engages in unprofessional conduct that:
                     (A)  endangers or is likely to endanger the
  health, welfare, or safety of the public as defined by behavior
  analyst board rule; or
                     (B)  violates the code of ethics adopted and
  published by the behavior analyst board.
         Sec. 506.352.  PROBATION.  If a license suspension is
  probated, the behavior analyst board may require the license holder
  to:
               (1)  report regularly to the behavior analyst board on
  matters that are the basis of the probation;
               (2)  limit the license holder's practice to the areas
  prescribed by the behavior analyst board; or
               (3)  continue or review continuing professional
  education until the license holder attains a degree of skill
  satisfactory to the behavior analyst board in those areas that are
  the basis of the probation.
         Sec. 506.353.  INFORMAL PROCEEDINGS.  (a) The behavior
  analyst board by rule shall adopt procedures governing:
               (1)  informal disposition of a contested case under
  Section 2001.056, Government Code; and
               (2)  an informal proceeding held in compliance with
  Section 2001.054, Government Code.
         (b)  Rules adopted under this section must:
               (1)  provide the complainant and the license holder
  with an opportunity to be heard; and
               (2)  require the presence of a member of the behavior
  analyst board's or medical board's legal staff to advise the
  behavior analyst board or medical board or the behavior analyst
  board's or medical board's employees.
         Sec. 506.354.  HEARING.  A license holder is entitled to a
  hearing before the State Office of Administrative Hearings before a
  sanction is imposed under this subchapter.
         Sec. 506.355.  SCHEDULE OF SANCTIONS.  (a) The behavior
  analyst board by rule shall adopt a broad schedule of sanctions for
  violations under this chapter.
         (b)  The State Office of Administrative Hearings shall use
  the schedule for any sanction imposed under this chapter as the
  result of a hearing conducted by that office.
         Sec. 506.356.  EMERGENCY SUSPENSION.  (a) The behavior
  analyst board, or a three-member committee of behavior analyst
  board members designated by the behavior analyst board, shall
  temporarily suspend the license of a license holder if the behavior
  analyst board or committee determines from the evidence or
  information presented to the behavior analyst board or committee
  that continued practice by the license holder would constitute a
  continuing and imminent threat to the public welfare.
         (b)  A license may be suspended under this section without
  notice or hearing on the complaint if:
               (1)  action is taken to initiate proceedings for a
  hearing before the State Office of Administrative Hearings
  simultaneously with the temporary suspension; and
               (2)  a hearing is held as soon as practicable under this
  chapter and Chapter 2001, Government Code.
         (c)  The State Office of Administrative Hearings shall hold a
  preliminary hearing not later than the 14th day after the date of
  the temporary suspension to determine if there is probable cause to
  believe that a continuing and imminent threat to the public welfare
  still exists. A final hearing on the matter shall be held not later
  than the 61st day after the date of the temporary suspension.
  SUBCHAPTER I.  PENALTIES AND ENFORCEMENT PROCEDURES
         Sec. 506.401.  INJUNCTIVE RELIEF.  The behavior analyst
  board or the attorney general may institute a proceeding to enforce
  this chapter, including a suit to enjoin a person from practicing
  applied behavior analysis without complying with this chapter.
         Sec. 506.402.  MONITORING OF LICENSE HOLDER.  The behavior
  analyst board by rule shall develop a system for monitoring a
  license holder's compliance with this chapter. The rules must
  include procedures for:
               (1)  monitoring for compliance a license holder who is
  ordered by the behavior analyst board to perform a certain act; and
               (2)  identifying and monitoring each license holder who
  represents a risk to the public.
         Sec. 506.403.  ADMINISTRATIVE PENALTY.  (a) The behavior
  analyst board may impose an administrative penalty against a person
  licensed under this chapter who violates this chapter or a rule or
  order adopted under this chapter.
         (b)  An administrative penalty may not exceed $200. Each day
  a violation continues or occurs is a separate violation for the
  purpose of imposing a penalty. The amount of the penalty shall be
  based on:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of any prohibited acts,
  and the hazard or potential hazard created to the health, safety, or
  economic welfare of the public;
               (2)  the history of previous violations;
               (3)  the amount necessary to deter a future violation;
               (4)  efforts to correct the violation; and
               (5)  any other matter that justice requires.
         (c)  The person may stay enforcement during the time the
  order is under judicial review if the person pays the penalty to the
  court clerk or files a supersedeas bond with the court in the amount
  of the penalty. A person who cannot afford to pay the penalty or
  file the bond may stay enforcement by filing an affidavit like that
  required by the Texas Rules of Civil Procedure for a party who
  cannot afford to file security for costs, except that the behavior
  analyst board may contest the affidavit as provided by those rules.
         (d)  A proceeding to impose an administrative penalty is
  subject to Chapter 2001, Government Code.
         Sec. 506.404.  CIVIL PENALTY.  (a) A person found by a court
  to have violated this chapter is liable to this state for a civil
  penalty of $200 for each day the violation continues.
         (b)  A civil penalty may be recovered in a suit brought by the
  attorney general, a district attorney, or a county attorney.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the governor shall appoint nine members to the Texas
  Board of Behavior Analyst Examiners in accordance with Chapter 506,
  Occupations Code, as added by this Act. In making the initial
  appointments, the governor shall designate three members for terms
  expiring February 1, 2017, three members for terms expiring
  February 1, 2019, and three members for terms expiring February 1,
  2021.
         SECTION 3.  Not later than January 1, 2016, the Texas Board
  of Behavior Analyst Examiners shall adopt the rules, procedures,
  and fees necessary to administer Chapter 506, Occupations Code, as
  added by this Act.
         SECTION 4.  Notwithstanding Chapter 506, Occupations Code,
  as added by this Act, a behavior analyst or assistant behavior
  analyst is not required to hold a license under that chapter to
  practice as a licensed behavior analyst or licensed assistant
  behavior analyst in this state before June 1, 2016.
         SECTION 5.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2015.
         (b)  Section 506.251, Occupations Code, and Subchapter H,
  Chapter 506, Occupations Code, as added by this Act, take effect
  June 1, 2016.