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  S.B. No. 589
 
 
 
 
AN ACT
  relating to the licensing and regulation of behavior analysts and
  assistant behavior analysts; requiring an occupational license;
  imposing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.2031(a), Occupations Code, is amended
  to read as follows:
         (a)  This section applies only to the regulation of the
  following professions by the department:
               (1)  athletic trainers;
               (2)  behavior analysts;
               (3)  dietitians;
               (4) [(3)]  hearing instrument fitters and dispensers;
               (5) [(4)]  midwives;
               (6) [(5)]  orthotists and prosthetists; and
               (7) [(6)]  speech-language pathologists and
  audiologists.
         SECTION 2.  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)  "Advisory board" means the Behavior Analyst
  Advisory Board.
               (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 department.
               (3)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (4)  "Department" means the Texas Department of
  Licensing and Regulation.
               (5)  "Executive director" means the executive director
  of the department.
               (6)  "License holder" means a person licensed under
  this chapter.
               (7)  "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.
               (8)  "Licensed behavior analyst" means a person who is
  certified by the certifying entity as a Board Certified Behavior
  Analyst or a 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.
               (9)  "Physician" means a person licensed to practice
  medicine by the Texas 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, 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
  commission 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.  PERSONS WHO DO NOT PROVIDE DIRECT SERVICES.  
  (a)  This chapter does not apply to a person who:
               (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.
         (b)  A person described by Subsection (a) may use the title
  "behavior analyst."
  SUBCHAPTER C.  BEHAVIOR ANALYST ADVISORY BOARD
         Sec. 506.101.  ADVISORY BOARD MEMBERSHIP. (a)  The advisory
  board is composed of nine members appointed by the presiding
  officer of the commission with the approval of the commission 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 advisory board shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         Sec. 506.102.  DUTIES OF ADVISORY BOARD.  The advisory board
  shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         Sec. 506.103.  TERMS; VACANCY. (a)  Members of the advisory
  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
  presiding officer of the commission, with the commission's
  approval, shall appoint a replacement who meets the qualifications
  for the vacant position to serve for the remainder of the term.
         Sec. 506.104.  PRESIDING OFFICER. The presiding officer of
  the commission shall designate a member of the advisory board to
  serve as the presiding officer of the advisory board for a term of
  one year. The presiding officer of the advisory board may vote on
  any matter before the advisory board.
         Sec. 506.105.  MEETINGS. The advisory board shall meet at
  least twice each year and at the call of the presiding officer of
  the commission or the executive director.
         Sec. 506.106.  GROUNDS FOR REMOVAL. A member of the advisory
  board may be removed as provided by Section 51.209.
         Sec. 506.107.  COMPENSATION; REIMBURSEMENT. (a)  A member
  of the advisory board may not receive compensation for service on
  the advisory board.
         (b)  A member of the advisory board is entitled to
  reimbursement for actual and necessary expenses incurred in
  performing functions as a member of the advisory board, subject to
  any applicable limitation on reimbursement provided by the General
  Appropriations Act.
  SUBCHAPTER D.  POWERS AND DUTIES
         Sec. 506.151.  GENERAL POWERS AND DUTIES. (a)  The
  commission shall adopt rules consistent with this chapter for the
  administration and enforcement of this chapter.
         (b)  The department shall:
               (1)  administer and enforce this chapter;
               (2)  evaluate the qualifications of license
  applicants;
               (3)  provide for the examination of license applicants;
               (4)  issue licenses;
               (5)  in connection with a hearing under this chapter,
  issue subpoenas, examine witnesses, and administer oaths under the
  laws of this state; and
               (6)  investigate persons engaging in practices that
  violate this chapter.
         (c)  The commission or executive director may deny, revoke,
  or suspend a license or may otherwise discipline a license holder in
  accordance with Section 51.353.
         Sec. 506.152.  STANDARDS OF ETHICAL PRACTICE. The
  commission shall adopt rules under this chapter that establish
  standards of ethical practice.
         Sec. 506.153.  ASSISTANCE FILING COMPLAINT. The department,
  in accordance with Section 51.252, shall provide reasonable
  assistance to a person who wishes to file a complaint with the
  department regarding a person or activity regulated under this
  chapter.
         Sec. 506.154.  FEES. The commission by rule shall set fees
  in amounts reasonable and necessary to cover the costs of
  administering this chapter.
  SUBCHAPTER E.  PUBLIC INTEREST INFORMATION
  AND COMPLAINT PROCEDURES
         Sec. 506.201.  TELEPHONE NUMBER FOR COMPLAINTS. The
  department 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. 506.202.  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 department 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 department in
  connection with the complaint, in accordance with Chapter 611,
  Health and Safety Code, may be disclosed to:
               (1)  the department and its 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)  The department 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.
  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 department. The application must include
  sufficient evidence, as defined by commission rules, that the
  applicant 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 department 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 department 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 department 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 commission
  establishes by rule; and
               (3)  pays the required fees.
         Sec. 506.256.  RECIPROCITY. (a)  The department 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 department that the
  applicant:
                     (A)  is in good standing as determined by the
  department;
                     (B)  holds a valid license from another state or
  jurisdiction; and
                     (C)  is in compliance with other requirements
  established by Section 506.252, 506.253, 506.254, or 506.255, as
  appropriate; and
               (2)  pay the required fees.
         Sec. 506.257.  RETIREMENT STATUS. The commission 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 license issued under
  this chapter expires on the second anniversary of the date of
  issuance.
         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 commission;
  and
               (3)  providing verification to the department 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 commission or executive director 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, a commission rule, or an
  order of the commission or the executive director;
               (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 commission
  rule; or
                     (B)  violates the code of ethics adopted and
  published by the commission.
  SUBCHAPTER I.  ENFORCEMENT PROCEDURES
         Sec. 506.401.  ENFORCEMENT PROCEEDINGS. The commission,
  department, or executive director may enforce this chapter, a rule
  adopted under this chapter, or an order of the commission or
  executive director as provided by Subchapters F and G, Chapter 51.
         SECTION 3.  (a)  As soon as practicable after the effective
  date of this Act, the presiding officer of the Texas Commission of
  Licensing and Regulation shall appoint nine members to the Behavior
  Analyst Advisory Board in accordance with Chapter 506, Occupations
  Code, as added by this Act. In making the initial appointments, the
  presiding officer of the commission shall designate three members
  for terms expiring February 1, 2019, three members for terms
  expiring February 1, 2021, and three members for terms expiring
  February 1, 2023.
         (b)  Notwithstanding Section 506.101, Occupations Code, as
  added by this Act, a person who meets the requirements of Section
  506.253 or 506.254, Occupations Code, as added by this Act, may be
  appointed as an initial behavior analyst or assistant behavior
  analyst member of the Behavior Analyst Advisory Board, as
  applicable, regardless of whether the person holds a license issued
  under Chapter 506, Occupations Code, as added by this Act.
         SECTION 4.  Not later than April 1, 2018, the Texas
  Commission of Licensing and Regulation shall adopt the rules,
  procedures, and fees necessary to administer Chapter 506,
  Occupations Code, as added by this Act.
         SECTION 5.  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 September 1, 2018.
         SECTION 6.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2017.
         (b)  Section 506.251, Occupations Code, and Subchapter I,
  Chapter 506, Occupations Code, as added by this Act, take effect
  September 1, 2018.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 589 passed the Senate on
  May 1, 2017, by the following vote: Yeas 25, Nays 6; and that the
  Senate concurred in House amendment on May 25, 2017, by the
  following vote: Yeas 25, Nays 6.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 589 passed the House, with
  amendment, on May 23, 2017, by the following vote: Yeas 121,
  Nays 25, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor