Bill Text: TX HB3077 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the regulation of applied behavior analysis paraprofessional technicians; requiring a registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-19 - Referred to Public Health [HB3077 Detail]
Download: Texas-2021-HB3077-Introduced.html
| 87R3271 KKR-D | ||
| By: Coleman | H.B. No. 3077 | |
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| relating to the regulation of applied behavior analysis | ||
| paraprofessional technicians; requiring a registration. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 506, Occupations Code, is | ||
| amended by adding Section 506.258 to read as follows: | ||
| Sec. 506.258. REGISTRATION OF PARAPROFESSIONAL TECHNICIAN. | ||
| (a) A person may deliver applied behavior analysis services under | ||
| the extended authority and direction of a licensed behavior analyst | ||
| or licensed assistant behavior analyst only if the person is | ||
| registered with the department as a paraprofessional technician. A | ||
| person registered under this section shall be designated as an | ||
| "applied behavior analysis technician," "behavior technician," | ||
| "tutor," or "front-line therapist." | ||
| (b) The department shall register a person as a | ||
| paraprofessional technician if the person: | ||
| (1) applies for registration in the manner and on a | ||
| form prescribed by the department; | ||
| (2) pays the application fee set by the commission; | ||
| and | ||
| (3) meets the requirements for registration | ||
| established by the commission. | ||
| (c) The commission by rule shall establish requirements | ||
| for: | ||
| (1) obtaining and renewing a registration under this | ||
| section; and | ||
| (2) the supervision by a license holder of a | ||
| paraprofessional technician, including the maximum number of | ||
| paraprofessional technicians who may deliver services under a | ||
| license holder's supervision. | ||
| (d) A person who violates this section or a rule adopted | ||
| under this section is subject to the enforcement provisions of | ||
| Subchapter I. | ||
| SECTION 2. Effective January 1, 2022, Section 506.054, | ||
| Occupations Code, is repealed. | ||
| SECTION 3. Not later than December 1, 2021, the Texas | ||
| Commission of Licensing and Regulation shall adopt rules necessary | ||
| to implement Section 506.258, Occupations Code, as added by this | ||
| Act. | ||
| SECTION 4. Notwithstanding Section 506.258, Occupations | ||
| Code, as added by this Act: | ||
| (1) a person is not required to register as a | ||
| paraprofessional technician under that section before January 1, | ||
| 2022; and | ||
| (2) Subchapter I, Chapter 506, Occupations Code, does | ||
| not apply to conduct described by that section before January 1, | ||
| 2022. | ||
| SECTION 5. Except as otherwise provided by this Act, this | ||
| Act takes effect September 1, 2021. | ||
