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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Board of Behavior |
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Analyst Examiners and the requirement to obtain a license to |
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practice as a behavior analyst or assistant behavior analyst; |
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imposing fees; providing an administrative penalty; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 3, Occupations Code, is |
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amended by adding Chapter 506 to read as follows: |
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CHAPTER 506. BEHAVIOR ANALYSTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 506.001. SHORT TITLE. This chapter may be cited as |
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the Behavior Analyst Licensing Act. |
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Sec. 506.002. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas Board of Behavior Analyst |
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Examiners. |
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(2) "Certifying entity" means the nationally |
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accredited Behavior Analyst Certification Board or another entity |
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that is accredited by the National Commission for Certifying |
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Agencies or the American National Standards Institute to issue |
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credentials in the professional practice of applied behavior |
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analysis and approved by the board. |
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(3) "License holder" means a person licensed under |
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this chapter. |
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(4) "Licensed assistant behavior analyst" means a |
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person who is certified by the certifying entity as a Board |
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Certified Assistant Behavior Analyst or who has an equivalent |
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certification issued by the certifying entity and who meets the |
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requirements specified by Sections 506.252 and 506.254. |
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(5) "Licensed behavior analyst" means a person who is |
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certified by the certifying entity as a Board Certified Behavior |
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Analyst or Board Certified Behavior Analyst--Doctoral or who has an |
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equivalent certification issued by the certifying entity and who |
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meets the requirements specified by Sections 506.252 and 506.253. |
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Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS. (a) |
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The practice of applied behavior analysis is the design, |
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implementation, and evaluation of instructional and environmental |
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modifications to produce socially significant improvements in |
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human behavior. |
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(b) The practice of applied behavior analysis includes the |
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empirical identification of functional relations between behavior |
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and environmental factors, known as functional assessment or |
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functional analysis. |
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(c) Applied behavior analysis interventions: |
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(1) are based on scientific research and the direct |
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observation and measurement of behavior and environment; and |
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(2) use contextual factors, motivating operations, |
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antecedent stimuli, positive reinforcement, and other procedures |
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to help individuals develop new behaviors, increase or decrease |
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existing behaviors, and elicit or evoke behaviors under specific |
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environmental conditions. |
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(d) The practice of applied behavior analysis does not |
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include psychological testing, psychotherapy, cognitive therapy, |
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psychoanalysis, hypnotherapy, or counseling as treatment |
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modalities. |
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Sec. 506.004. APPLICATION OF SUNSET ACT. The Texas Board |
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of Behavior Analyst Examiners is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the board is abolished and this chapter expires |
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September 1, 2027. |
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SUBCHAPTER B. APPLICATION OF CHAPTER; USE OF TITLE |
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Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does |
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not apply to a person licensed to practice psychology in this state |
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if the applied behavior analysis services provided are within the |
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scope of the licensed psychologist's education, training, and |
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competence. |
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Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter |
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does not apply to a person licensed to practice another profession |
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in this state if the applied behavior analysis services provided |
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are within: |
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(1) the scope of practice of the person's license under |
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state law; and |
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(2) the scope of the person's education, training, and |
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competence. |
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Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter |
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does not apply to a family member or guardian of a recipient of |
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applied behavior analysis services who is implementing a behavior |
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analysis treatment plan for the recipient under the extended |
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authority and direction of a licensed behavior analyst or licensed |
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assistant behavior analyst. |
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Sec. 506.054. PARAPROFESSIONALS. This chapter does not |
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apply to a paraprofessional technician who delivers applied |
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behavior analysis services if: |
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(1) the applied behavior analysis services are |
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provided under the extended authority and direction of a licensed |
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behavior analyst or licensed assistant behavior analyst; and |
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(2) the person is designated as an "applied behavior |
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analysis technician," "behavior technician," "tutor," or |
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"front-line therapist." |
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Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter |
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does not apply to an applied behavior analysis activity or service |
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of a college or university student, intern, or fellow if: |
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(1) the activity or service is part of a defined |
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behavior analysis program of study, course, practicum, internship, |
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or postdoctoral fellowship; |
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(2) the activity or service is directly supervised by |
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a licensed behavior analyst or an instructor in a course sequence |
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approved by the certifying entity; and |
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(3) the person is designated as a "student," "intern," |
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"fellow," or "trainee." |
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Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does |
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not apply to an unlicensed person pursuing supervised experience in |
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applied behavior analysis if the supervised experience is |
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consistent with the requirements of the certifying entity and board |
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rules. |
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Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM |
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ANOTHER STATE. (a) This chapter does not apply to a behavior |
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analyst licensed in another jurisdiction or certified by the |
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certifying entity if the activities and services conducted in this |
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state: |
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(1) are within the behavior analyst's customary area |
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of practice; |
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(2) are conducted not more than 20 days in a calendar |
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year; and |
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(3) are not otherwise in violation of this chapter. |
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(b) A behavior analyst described by Subsection (a) shall |
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inform the recipient of applied behavior analysis services, or a |
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parent or guardian of the recipient if the recipient is under 18 |
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years of age, that: |
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(1) the behavior analyst is not licensed in this |
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state; and |
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(2) the activities and services provided by the |
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behavior analyst are time-limited. |
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Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT. (a) |
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This chapter does not apply to a teacher or employee of a private or |
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public school who provides applied behavior analysis services if |
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the teacher or employee is performing duties within the scope of the |
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teacher's or employee's employment. |
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(b) A person described by Subsection (a) may not: |
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(1) represent that the person is a behavior analyst, |
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unless the applied behavior analysis services provided are within |
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the person's education, training, and competence; |
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(2) offer applied behavior analysis services to any |
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person, other than within the scope of the person's employment |
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duties for the school; or |
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(3) receive compensation for providing applied |
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behavior analysis services, other than the compensation that the |
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person receives from the person's school employer. |
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Sec. 506.059. USE OF TITLE "BEHAVIOR ANALYST." (a) This |
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chapter does not apply to a person described by Subsection (b). |
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(b) A person may use the title "behavior analyst" if the |
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person: |
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(1) is a behavior analyst who practices with |
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nonhumans, including an applied animal behaviorist or an animal |
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trainer; |
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(2) teaches behavior analysis or conducts behavior |
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analytic research if the teaching or research activities do not |
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involve the delivery or supervision of applied behavior analysis |
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services; or |
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(3) is a professional who provides general applied |
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behavior analysis services to organizations if those services: |
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(A) are for the benefit of the organization; and |
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(B) do not involve direct services to |
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individuals. |
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SUBCHAPTER C. TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS |
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Sec. 506.101. BOARD MEMBERSHIP. (a) The board is composed |
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of nine members appointed by the governor with the advice and |
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consent of the senate as follows: |
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(1) four licensed behavior analysts, at least one of |
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whom must be certified as a Board Certified Behavior |
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Analyst--Doctoral, or hold an equivalent certification issued by |
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the certifying entity; |
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(2) two licensed assistant behavior analysts; and |
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(3) three members who represent the public and who are |
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either former recipients of applied behavior analysis services or |
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the parent or guardian of a current or former recipient of applied |
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behavior analysis services. |
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(b) To be qualified for appointment under Subsection |
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(a)(1), a person must have at least five years of experience as a |
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licensed behavior analyst after being certified by the certifying |
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entity. |
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(c) Appointments to the board shall be made without regard |
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to the race, color, disability, sex, religion, age, or national |
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origin of the appointee. |
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Sec. 506.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is |
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not eligible for appointment as a public member of the board if: |
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(1) the person is registered, certified, or licensed |
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by an occupational regulatory agency in the field of mental health; |
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(2) the person's spouse is registered, certified, or |
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licensed by an occupational regulatory agency in the field of |
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mental health; or |
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(3) the person or the person's spouse: |
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(A) is employed by or participates in the |
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management of a business entity or other organization receiving |
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funds from the board; |
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(B) owns or controls, directly or indirectly, |
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|
more than a 10 percent interest in a business entity or other |
|
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organization receiving funds from the board; or |
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(C) uses or receives a substantial amount of |
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funds from the board, other than compensation or reimbursement |
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authorized by law for board membership, attendance, or expenses. |
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Sec. 506.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) |
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In this section, "Texas trade association" means a cooperative and |
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voluntarily joined statewide association of business or |
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professional competitors in this state designed to assist its |
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members and its industry or profession in dealing with mutual |
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business or professional problems and in promoting their common |
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interest. |
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(b) A person may not be a member of the board and may not be |
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an employee of the board employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
|
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for purposes of establishing an exemption to the overtime |
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|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, employee, manager, or |
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paid consultant of a Texas trade association in the field of mental |
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health; or |
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(2) the person's spouse is an officer, employee, |
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manager, or paid consultant of a Texas trade association in the |
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field of mental health. |
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(c) A person may not be a member of the board or act as |
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general counsel to the board if the person is required to register |
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as a lobbyist under Chapter 305, Government Code, because of the |
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person's activities for compensation on behalf of a profession |
|
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related to the operation of the board. |
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Sec. 506.104. TERMS; VACANCY. (a) Members of the board |
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serve staggered six-year terms, with the terms of three members |
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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 |
|
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shall appoint a member to fill the unexpired term. |
|
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(d) A member shall serve until a successor is appointed and |
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assumes office. |
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Sec. 506.105. OFFICERS. At the meeting of the board held |
|
|
on the date closest to August 31 of each year, the board shall elect |
|
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from its members a presiding officer, a secretary, and any other |
|
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officers required to conduct the business of the board. |
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Sec. 506.106. GROUNDS FOR REMOVAL. (a) It is a ground for |
|
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removal from the board that a member: |
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(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 board the |
|
|
qualifications required by Section 506.101; |
|
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(3) is ineligible for membership under Sections |
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506.102 or 506.103; |
|
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(4) cannot, because of illness or disability, complete |
|
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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 board meetings that the member is eligible to attend |
|
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during a calendar year without an excuse approved by a majority vote |
|
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of the board. |
|
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(b) The validity of an action of the board is not affected by |
|
|
the fact that the action is taken when a ground for removal of a |
|
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member exists. |
|
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(c) If the executive director of the board or a board member |
|
|
has knowledge that a potential ground for removal exists, the |
|
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executive director or board member shall notify the presiding |
|
|
officer of the board of the potential ground. The presiding officer |
|
|
shall then notify the governor and the attorney general that a |
|
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potential ground for removal exists. If the potential ground for |
|
|
removal involves the presiding officer, the executive director or |
|
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board member shall notify the next highest ranking officer of the |
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|
board, who shall then notify the governor and the attorney general |
|
|
that a potential ground for removal exists. |
|
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Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A board |
|
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member may not receive compensation for the member's services. A |
|
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member is entitled to a per diem and travel allowance for each day |
|
|
the member engages in 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. |
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Sec. 506.108. MEETINGS. (a) The board shall meet at least |
|
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twice each year. |
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(b) The board may meet at other times at the call of the |
|
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presiding officer or a majority of the members. |
|
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Sec. 506.109. TRAINING PROGRAM FOR MEMBERS. (a) A person |
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who is appointed to and qualifies for office as a member of the |
|
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board may not vote, deliberate, or be counted as a member in |
|
|
attendance at a meeting of the board until the person completes a |
|
|
training program that complies with this section. |
|
|
(b) The training program must provide the person with |
|
|
information regarding: |
|
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(1) this chapter and the programs, functions, rules, |
|
|
and budget of the board; |
|
|
(2) the results of the most recent formal audit of the |
|
|
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 |
|
|
board or the Texas Ethics Commission. |
|
|
(c) A person appointed to the board is entitled to |
|
|
reimbursement, as provided by the General Appropriations Act, for |
|
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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 board is |
|
|
not liable in a civil action for an act performed in good faith |
|
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while performing duties as a member. |
|
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SUBCHAPTER D. POWERS AND DUTIES OF THE BOARD |
|
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Sec. 506.151. GENERAL POWERS AND DUTIES. The board shall: |
|
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(1) administer and enforce this chapter; |
|
|
(2) determine the qualifications and fitness of an |
|
|
applicant for a license, license renewal, or temporary license; |
|
|
(3) establish standards of conduct and adopt a code of |
|
|
professional ethics for license holders; |
|
|
(4) hire staff as necessary and as the budget allows; |
|
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and |
|
|
(5) ensure strict compliance with and enforcement of |
|
|
this chapter. |
|
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Sec. 506.152. RULES. The board shall adopt rules |
|
|
consistent with this chapter to carry out the board's duties in |
|
|
administering this chapter. |
|
|
Sec. 506.153. FEES. (a) The 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 board may not adopt rules restricting |
|
|
advertising or competitive bidding by a license holder except to |
|
|
prohibit false, misleading, or deceptive practices. |
|
|
(b) The 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 board shall adopt rules necessary to comply |
|
|
with Chapter 53. |
|
|
(b) In the board's rules under this section, the board shall |
|
|
list the specific offenses for which a conviction would constitute |
|
|
grounds for the board to take action under Section 53.021. |
|
|
Sec. 506.156. ANNUAL REGISTRY. (a) The board shall |
|
|
annually prepare a registry of all license holders. |
|
|
(b) The board shall make the registry available to the |
|
|
public, license holders, and other state agencies. |
|
|
Sec. 506.157. BOARD DUTIES REGARDING COMPLAINTS. (a) The |
|
|
board by rule shall: |
|
|
(1) adopt a standardized form for filing complaints |
|
|
with the board; and |
|
|
(2) prescribe information to be provided when a person |
|
|
files a complaint with the board. |
|
|
(b) The board shall provide reasonable assistance to a |
|
|
person who wishes to file a complaint with the board. |
|
|
Sec. 506.158. USE OF TECHNOLOGY. The board shall implement |
|
|
a policy requiring the board to use appropriate technological |
|
|
solutions to improve the board's ability to perform the board's |
|
|
functions. The policy must ensure that the public is able to |
|
|
interact with the board on the Internet. |
|
|
Sec. 506.159. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
|
DISPUTE RESOLUTION POLICY. (a) The 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 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 board's |
|
|
jurisdiction. |
|
|
(b) The 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 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 board. |
|
|
SUBCHAPTER E. PUBLIC INTEREST INFORMATION |
|
|
AND COMPLAINT PROCEDURES |
|
|
Sec. 506.201. PUBLIC INTEREST INFORMATION. (a) The board |
|
|
shall prepare information of public interest describing the |
|
|
functions of the board. |
|
|
(b) The board shall make the information available to the |
|
|
public and appropriate state agencies. |
|
|
Sec. 506.202. COMPLAINTS. (a) The board by rule shall |
|
|
establish methods by which service recipients are notified of the |
|
|
name, mailing address, and telephone number of the board for the |
|
|
purpose of directing complaints to the board. The 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 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 board shall maintain a system to promptly and efficiently act on |
|
|
complaints filed with the board. The 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 board shall make information available describing |
|
|
its procedures for complaint investigation and resolution. |
|
|
(c) The board shall periodically notify the complaint |
|
|
parties of the status of the complaint until final disposition. |
|
|
(d) The board shall analyze complaints filed with the 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 board and how the board responded to |
|
|
the complaint. |
|
|
Sec. 506.204. GENERAL RULES REGARDING COMPLAINT |
|
|
INVESTIGATION AND DISPOSITION. The board shall adopt rules |
|
|
concerning the investigation of a complaint filed with the 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 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 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 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 board in |
|
|
connection with the complaint, in accordance with Chapter 611, |
|
|
Health and Safety Code, may be disclosed to: |
|
|
(1) the board and 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 board shall provide the license holder |
|
|
with access to all information that the board intends to offer into |
|
|
evidence at the hearing not later than the 30th day after the date |
|
|
the 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 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 board shall |
|
|
develop and implement policies that provide the public with a |
|
|
reasonable opportunity to appear before the board and to speak on |
|
|
any issue under the board's jurisdiction. |
|
|
(b) The 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 board's programs. |
|
|
Sec. 506.207. SUBPOENAS. (a) In an investigation of a |
|
|
complaint filed with the board, the presiding officer of the board |
|
|
may issue a subpoena to compel the attendance of a relevant witness |
|
|
or the production, for inspection or copying, of relevant evidence |
|
|
that is in this state. |
|
|
(b) A subpoena may be served personally or by certified |
|
|
mail. |
|
|
(c) If a person fails to comply with a subpoena, the board, |
|
|
acting through the attorney general, may file suit to enforce the |
|
|
subpoena in a district court in Travis County or in the county in |
|
|
which a hearing conducted by the board may be held. |
|
|
(d) On finding that good cause exists for issuing the |
|
|
subpoena, the court shall order the person to comply with the |
|
|
subpoena. The court may punish a person who fails to obey the court |
|
|
order. |
|
|
(e) The board shall pay for photocopies subpoenaed under |
|
|
this section a reasonable fee in an amount not to exceed the amount |
|
|
the board may charge for copies of its records. |
|
|
(f) The reimbursement of the expenses of a witness whose |
|
|
attendance is compelled under this section is governed by Section |
|
|
2001.103, Government Code. |
|
|
(g) Information and materials subpoenaed or compiled by the |
|
|
board in connection with the investigation of a complaint may be |
|
|
disclosed only as provided by Section 506.205. |
|
|
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 board. The application must include |
|
|
sufficient evidence, as defined by 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 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 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 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 board |
|
|
establishes by rule; and |
|
|
(3) pays the required fees. |
|
|
Sec. 506.256. TEMPORARY LICENSE. (a) The 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 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 board that the applicant: |
|
|
(A) is in good standing as determined by the |
|
|
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 board by rule may |
|
|
provide for a person licensed under this chapter to be placed on |
|
|
inactive status. |
|
|
Sec. 506.259. RETIREMENT STATUS. The 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 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 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 board; and |
|
|
(3) providing verification to the 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 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 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 board rule; |
|
|
or |
|
|
(B) violates the code of ethics adopted and |
|
|
published by the board. |
|
|
Sec. 506.352. PROBATION. If a license suspension is |
|
|
probated, the board may require the license holder to: |
|
|
(1) report regularly to the board on matters that are |
|
|
the basis of the probation; |
|
|
(2) limit the license holder's practice to the areas |
|
|
prescribed by the board; or |
|
|
(3) continue or review continuing professional |
|
|
education until the license holder attains a degree of skill |
|
|
satisfactory to the board in those areas that are the basis of the |
|
|
probation. |
|
|
Sec. 506.353. INFORMAL PROCEEDINGS. (a) The 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 board's |
|
|
legal staff, if the board has a legal staff, or, if the board does |
|
|
not have a legal staff, an attorney employed by the attorney general |
|
|
to advise the board or the 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 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 board, or a |
|
|
three-member committee of board members designated by the board, |
|
|
shall temporarily suspend the license of a license holder if the |
|
|
board or committee determines from the evidence or information |
|
|
presented to the 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 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 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 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 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 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. |
|
|
Sec. 506.405. CRIMINAL OFFENSE. (a) A person commits an |
|
|
offense if the person knowingly violates this chapter. |
|
|
(b) An offense under this section is a Class A misdemeanor. |
|
|
(c) Each day of violation constitutes a separate offense. |
|
|
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. |