Bill Text: TX HB26 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: 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; providing a civil penalty; creating a criminal offense.

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2017-02-16 - Referred to Public Health [HB26 Detail]

Download: Texas-2017-HB26-Introduced.html

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85R6859 EES-F
By: Simmons H.B. No. 26

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; providing a
civil penalty; creating a criminal offense.
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, 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 PRIVATE OR PUBLIC
SCHOOL. (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 provided the teaching or research activities do
not involve the delivery or supervision of applied behavior
analysis services; or
(3) is a professional who provides to organizations
general applied behavior analysis services that:
(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;
(2) the programs, functions, rules, and budget of the
behavior analyst board;
(3) the scope of and limitations on the rulemaking
authority of the behavior analyst board;
(4) the results of the most recent formal audit of the
behavior analyst board;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of a state
policymaking body in performing their duties; and
(6) 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.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each behavior analyst board member. On receipt of the
training manual, each behavior analyst board member shall sign and
submit to the executive director a statement acknowledging receipt
of the training manual.
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.
Sec. 506.207. SUBPOENAS. (a) In an investigation of a
complaint filed with the behavior analyst board, the presiding
officer of the behavior analyst 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
behavior analyst 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 behavior
analyst 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 behavior analyst board shall pay for photocopies
subpoenaed under this section a reasonable fee in an amount not to
exceed the amount the behavior analyst 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
behavior analyst 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 behavior analyst board. The application must
include sufficient evidence, as defined by behavior analyst board
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 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.
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, 2019, three members for terms expiring
February 1, 2021, and three members for terms expiring February 1,
2023.
SECTION 3. Not later than January 1, 2018, 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, 2018.
SECTION 5. (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
June 1, 2018.