Texas 2015 - 84th Regular

Texas House Bill HB2703 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R26125 EES-F
2	1		By: Simmons, Gonzales H.B. No. 2703
3		-	Substitute the following for H.B. No. 2703:
4		-	By: Crownover C.S.H.B. No. 2703
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the establishment of the Texas Board of Behavior
10	7		Analyst Examiners and the requirement to obtain a license to
11	8		practice as a behavior analyst or assistant behavior analyst;
12		-	imposing fees; providing an administrative penalty; creating a
13		-	criminal offense.
	9	+	imposing fees; providing an administrative penalty.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Subtitle I, Title 3, Occupations Code, is
16	12		amended by adding Chapter 506 to read as follows:
17	13		CHAPTER 506. BEHAVIOR ANALYSTS
18	14		SUBCHAPTER A. GENERAL PROVISIONS
19	15		Sec. 506.001. SHORT TITLE. This chapter may be cited as
20	16		the Behavior Analyst Licensing Act.
21	17		Sec. 506.002. DEFINITIONS. In this chapter:
22	18		(1) "Behavior analyst board" means the Texas Board of
23	19		Behavior Analyst Examiners.
24	20		(2) "Certifying entity" means the nationally
25	21		accredited Behavior Analyst Certification Board or another entity
26	22		that is accredited by the National Commission for Certifying
27	23		Agencies or the American National Standards Institute to issue
28	24		credentials in the professional practice of applied behavior
29	25		analysis and approved by the behavior analyst board.
30	26		(3) "Executive director" means the executive director
31	27		of the medical board.
32	28		(4) "License holder" means a person licensed under
33	29		this chapter.
34	30		(5) "Licensed assistant behavior analyst" means a
35	31		person who is certified by the certifying entity as a Board
36	32		Certified Assistant Behavior Analyst or who has an equivalent
37	33		certification issued by the certifying entity and who meets the
38	34		requirements specified by Sections 506.252 and 506.254.
39	35		(6) "Licensed behavior analyst" means a person who is
40	36		certified by the certifying entity as a Board Certified Behavior
41	37		Analyst or Board Certified Behavior Analyst--Doctoral or who has an
42	38		equivalent certification issued by the certifying entity and who
43	39		meets the requirements specified by Sections 506.252 and 506.253.
44	40		(7) "Medical board" means the Texas Medical Board.
45	41		(8) "Physician" means a person licensed to practice
46	42		medicine by the medical board.
47	43		Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS. (a)
48	44		The practice of applied behavior analysis is the design,
49	45		implementation, and evaluation of instructional and environmental
50	46		modifications to produce socially significant improvements in
51	47		human behavior.
52	48		(b) The practice of applied behavior analysis includes the
53	49		empirical identification of functional relations between behavior
54	50		and environmental factors, known as functional assessment or
55	51		functional analysis.
56	52		(c) Applied behavior analysis interventions:
57	53		(1) are based on scientific research and the direct
58	54		observation and measurement of behavior and environment; and
59	55		(2) use contextual factors, motivating operations,
60	56		antecedent stimuli, positive reinforcement, and other procedures
61	57		to help individuals develop new behaviors, increase or decrease
62	58		existing behaviors, and elicit or evoke behaviors under specific
63	59		environmental conditions.
64	60		(d) The practice of applied behavior analysis does not
65	61		include:
66	62		(1) psychological testing, psychotherapy, cognitive
67		-	therapy, psychoanalysis, hypnotherapy, ~~or counseling as treatment~~
68		-	modalities; or
	63	+	therapy, cognitive rehabilitation, psychoanalysis, hypnotherapy,
	64	+	or counseling as treatment modalities; or
69	65		(2) the diagnosis of disorders.
70	66		SUBCHAPTER B. APPLICATION OF CHAPTER; USE OF TITLE
71	67		Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does
72	68		not apply to a person licensed to practice psychology in this state
73	69		if the applied behavior analysis services provided are within the
74	70		scope of the licensed psychologist's education, training, and
75	71		competence.
76	72		Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter
77	73		does not apply to a person licensed to practice another profession
78	74		in this state if the applied behavior analysis services provided
79	75		are within:
80	76		(1) the scope of practice of the person's license under
81	77		state law; and
82	78		(2) the scope of the person's education, training, and
83	79		competence.
84	80		Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter
85	81		does not apply to a family member or guardian of a recipient of
86	82		applied behavior analysis services who is implementing a behavior
87	83		analysis treatment plan for the recipient under the extended
88	84		authority and direction of a licensed behavior analyst or licensed
89	85		assistant behavior analyst.
90	86		Sec. 506.054. PARAPROFESSIONALS. This chapter does not
91	87		apply to a paraprofessional technician who delivers applied
92	88		behavior analysis services if:
93	89		(1) the applied behavior analysis services are
94	90		provided under the extended authority and direction of a licensed
95	91		behavior analyst or licensed assistant behavior analyst; and
96	92		(2) the person is designated as an "applied behavior
97	93		analysis technician," "behavior technician," "tutor," or
98	94		"front-line therapist."
99	95		Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter
100	96		does not apply to an applied behavior analysis activity or service
101	97		of a college or university student, intern, or fellow if:
102	98		(1) the activity or service is part of a defined
103	99		behavior analysis program of study, course, practicum, internship,
104	100		or postdoctoral fellowship;
105	101		(2) the activity or service is directly supervised by
106	102		a licensed behavior analyst or an instructor in a course sequence
107	103		approved by the certifying entity; and
108	104		(3) the person is designated as a "student," "intern,"
109	105		"fellow," or "trainee."
110	106		Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does
111	107		not apply to an unlicensed person pursuing supervised experience in
112	108		applied behavior analysis if the supervised experience is
113	109		consistent with the requirements of the certifying entity and
114	110		behavior analyst board rules.
115	111		Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM
116	112		ANOTHER STATE. (a) This chapter does not apply to a behavior
117	113		analyst licensed in another jurisdiction or certified by the
118	114		certifying entity if the activities and services conducted in this
119	115		state:
120	116		(1) are within the behavior analyst's customary area
121	117		of practice;
122	118		(2) are conducted not more than 20 days in a calendar
123	119		year; and
124	120		(3) are not otherwise in violation of this chapter.
125	121		(b) A behavior analyst described by Subsection (a) shall
126	122		inform the recipient of applied behavior analysis services, or a
127	123		parent or guardian of the recipient if the recipient is under 18
128	124		years of age, that:
129	125		(1) the behavior analyst is not licensed in this
130	126		state; and
131	127		(2) the activities and services provided by the
132	128		behavior analyst are time-limited.
133	129		Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT. (a)
134	130		This chapter does not apply to a teacher or employee of a private or
135	131		public school who provides applied behavior analysis services if
136	132		the teacher or employee is performing duties within the scope of the
137	133		teacher's or employee's employment.
138	134		(b) A person described by Subsection (a) may not:
139	135		(1) represent that the person is a behavior analyst,
140	136		unless the applied behavior analysis services provided are within
141	137		the person's education, training, and competence;
142	138		(2) offer applied behavior analysis services to any
143	139		person, other than within the scope of the person's employment
144	140		duties for the school; or
145	141		(3) receive compensation for providing applied
146	142		behavior analysis services, other than the compensation that the
147	143		person receives from the person's school employer.
148	144		Sec. 506.059. USE OF TITLE "BEHAVIOR ANALYST." (a) This
149	145		chapter does not apply to a person described by Subsection (b).
150	146		(b) A person may use the title "behavior analyst" if the
151	147		person:
152	148		(1) is a behavior analyst who practices with
153	149		nonhumans, including an applied animal behaviorist or an animal
154	150		trainer;
155	151		(2) teaches behavior analysis or conducts behavior
156	152		analytic research if the teaching or research activities do not
157	153		involve the delivery or supervision of applied behavior analysis
158	154		services; or
159	155		(3) is a professional who provides general applied
160	156		behavior analysis services to organizations if those services:
161	157		(A) are for the benefit of the organization; and
162	158		(B) do not involve direct services to
163	159		individuals.
164	160		SUBCHAPTER C. TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS
165	161		Sec. 506.101. BOARD MEMBERSHIP. (a) The behavior analyst
166	162		board is composed of nine members appointed by the governor with the
167	163		advice and consent of the senate as follows:
168	164		(1) four licensed behavior analysts, at least one of
169	165		whom must be certified as a Board Certified Behavior
170	166		Analyst--Doctoral, or hold an equivalent certification issued by
171	167		the certifying entity;
172	168		(2) one licensed assistant behavior analyst;
173	169		(3) one physician who has experience providing mental
174	170		health or behavioral health services; and
175	171		(4) three members who represent the public and who are
176	172		either former recipients of applied behavior analysis services or
177	173		the parent or guardian of a current or former recipient of applied
178	174		behavior analysis services.
179	175		(b) To be qualified for appointment under Subsection
180	176		(a)(1), a person must have at least five years of experience as a
181	177		licensed behavior analyst after being certified by the certifying
182	178		entity.
183	179		(c) Appointments to the behavior analyst board shall be made
184	180		without regard to the race, color, disability, sex, religion, age,
185	181		or national origin of the appointee.
186	182		Sec. 506.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
187	183		not eligible for appointment as a public member of the behavior
188	184		analyst board if:
189	185		(1) the person is registered, certified, or licensed
190	186		by an occupational regulatory agency in the field of mental health;
191	187		(2) the person's spouse is registered, certified, or
192	188		licensed by an occupational regulatory agency in the field of
193	189		mental health; or
194	190		(3) the person or the person's spouse:
195	191		(A) is employed by or participates in the
196	192		management of a business entity or other organization receiving
197	193		funds from the medical board or the behavior analyst board;
198	194		(B) owns or controls, directly or indirectly,
199	195		more than a 10 percent interest in a business entity or other
200	196		organization receiving funds from the medical board or the behavior
201	197		analyst board; or
202	198		(C) uses or receives a substantial amount of
203	199		funds from the medical board or the behavior analyst board, other
204	200		than compensation or reimbursement authorized by law for medical
205	201		board or behavior analyst board membership, attendance, or
206	202		expenses.
207	203		Sec. 506.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
208	204		In this section, "Texas trade association" means a cooperative and
209	205		voluntarily joined statewide association of business or
210	206		professional competitors in this state designed to assist its
211	207		members and its industry or profession in dealing with mutual
212	208		business or professional problems and in promoting their common
213	209		interest.
214	210		(b) A person may not be a member of the behavior analyst
215	211		board and may not be an employee of the medical board or the
216	212		behavior analyst board employed in a "bona fide executive,
217	213		administrative, or professional capacity," as that phrase is used
218	214		for purposes of establishing an exemption to the overtime
219	215		provisions of the federal Fair Labor Standards Act of 1938 (29
220	216		U.S.C. Section 201 et seq.) if:
221	217		(1) the person is an officer, employee, manager, or
222	218		paid consultant of a Texas trade association in the field of mental
223	219		health; or
224	220		(2) the person's spouse is an officer, employee,
225	221		manager, or paid consultant of a Texas trade association in the
226	222		field of mental health.
227	223		(c) A person may not be a member of the behavior analyst
228	224		board or act as general counsel to the medical board or the behavior
229	225		analyst board if the person is required to register as a lobbyist
230	226		under Chapter 305, Government Code, because of the person's
231	227		activities for compensation on behalf of a profession related to
232	228		the operation of the behavior analyst board.
233	229		Sec. 506.104. TERMS; VACANCY. (a) Members of the behavior
234	230		analyst board serve staggered six-year terms, with the terms of
235	231		three members expiring February 1 of each odd-numbered year.
236	232		(b) A member may not serve more than two consecutive
237	233		six-year terms.
238	234		(c) If a vacancy occurs during a member's term, the governor
239	235		shall appoint a member to fill the unexpired term.
240	236		(d) A member shall serve until a successor is appointed and
241	237		assumes office.
242	238		Sec. 506.105. OFFICERS. At the meeting of the behavior
243	239		analyst board held on the date closest to August 31 of each year,
244	240		the behavior analyst board shall elect from its members a presiding
245	241		officer, a secretary, and any other officers required to conduct
246	242		the business of the behavior analyst board.
247	243		Sec. 506.106. GROUNDS FOR REMOVAL. (a) It is a ground for
248	244		removal from the behavior analyst board that a member:
249	245		(1) does not have at the time of taking office the
250	246		qualifications required by Section 506.101;
251	247		(2) does not maintain during service on the behavior
252	248		analyst board the qualifications required by Section 506.101;
253	249		(3) is ineligible for membership under Sections
254	250		506.102 or 506.103;
255	251		(4) cannot, because of illness or disability, complete
256	252		the member's duties for a substantial part of the member's term; or
257	253		(5) is absent from more than half of the regularly
258	254		scheduled behavior analyst board meetings that the member is
259	255		eligible to attend during a calendar year without an excuse
260	256		approved by a majority vote of the behavior analyst board.
261	257		(b) The validity of an action of the behavior analyst board
262	258		is not affected by the fact that the action is taken when a ground
263	259		for removal of a member exists.
264	260		(c) If the executive director has knowledge that a potential
265	261		ground for removal exists, the executive director shall notify the
266	262		presiding officer of the behavior analyst board of the potential
267	263		ground. The presiding officer shall then notify the governor and
268	264		the attorney general that a potential ground for removal exists. If
269	265		the potential ground for removal involves the presiding officer,
270	266		the executive director shall notify the next highest ranking
271	267		officer of the behavior analyst board, who shall then notify the
272	268		governor and the attorney general that a potential ground for
273	269		removal exists.
274	270		Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A
275	271		behavior analyst board member may not receive compensation for the
276	272		member's services. A member is entitled to a per diem and travel
277	273		allowance for each day the member engages in behavior analyst board
278	274		business at the rate set for state employees in the General
279	275		Appropriations Act.
280	276		(b) The per diem and travel allowance authorized by this
281	277		section may be paid only from fees collected under this chapter.
282	278		Sec. 506.108. MEETINGS. (a) The behavior analyst board
283	279		shall meet at least twice each year.
284	280		(b) The behavior analyst board may meet at other times at
285	281		the call of the presiding officer or a majority of the members.
286	282		Sec. 506.109. TRAINING PROGRAM FOR MEMBERS. (a) A person
287	283		who is appointed to and qualifies for office as a member of the
288	284		behavior analyst board may not vote, deliberate, or be counted as a
289	285		member in attendance at a meeting of the behavior analyst board
290	286		until the person completes a training program that complies with
291	287		this section.
292	288		(b) The training program must provide the person with
293	289		information regarding:
294	290		(1) this chapter and the programs, functions, rules,
295	291		and budget of the behavior analyst board;
296	292		(2) the results of the most recent formal audit of the
297	293		behavior analyst board;
298	294		(3) the requirements of laws relating to open
299	295		meetings, public information, administrative procedure, and
300	296		conflicts of interest; and
301	297		(4) any applicable ethics policies adopted by the
302	298		behavior analyst board or the Texas Ethics Commission.
303	299		(c) A person appointed to the behavior analyst board is
304	300		entitled to reimbursement, as provided by the General
305	301		Appropriations Act, for the travel expenses incurred in attending
306	302		the training program regardless of whether the attendance at the
307	303		program occurs before or after the person qualifies for office.
308	304		Sec. 506.110. CIVIL LIABILITY. A member of the behavior
309	305		analyst board is not liable in a civil action for an act performed
310	306		in good faith while performing duties as a member.
311	307		SUBCHAPTER D. POWERS AND DUTIES OF BEHAVIOR ANALYST BOARD AND
312	308		MEDICAL BOARD
313	309		Sec. 506.151. GENERAL POWERS AND DUTIES OF BEHAVIOR ANALYST
314	310		BOARD. (a) Subject to the advice and approval of the medical
315	311		board, the behavior analyst board shall:
316	312		(1) adopt rules consistent with this chapter to carry
317	313		out the behavior analyst board's duties in administering this
318	314		chapter; and
319	315		(2) establish standards of conduct and adopt a code of
320	316		professional ethics for license holders.
321	317		(b) The behavior analyst board shall:
322	318		(1) administer and enforce this chapter;
323	319		(2) determine the qualifications and fitness of each
324	320		applicant for a license, license renewal, or temporary license and
325	321		review and approve or reject each application for the issuance or
326	322		renewal of a license;
327	323		(3) issue each license;
328	324		(4) deny, suspend, or revoke a license or otherwise
329	325		discipline a license holder; and
330	326		(5) ensure strict compliance with and enforcement of
331	327		this chapter.
332	328		Sec. 506.152. ASSISTANCE BY MEDICAL BOARD. (a) The medical
333	329		board shall provide administrative and clerical employees as
334	330		necessary to enable the behavior analyst board to administer this
335	331		chapter.
336	332		(b) Subject to the advice and approval of the medical board,
337	333		the behavior analyst board shall develop and implement policies
338	334		that clearly separate the policy-making responsibilities of the
339	335		behavior analyst board and the management responsibilities of the
340	336		executive director and the staff of the medical board.
341	337		Sec. 506.153. FEES. (a) The behavior analyst board, with
342	338		the advice and approval of the medical board, by rule shall set fees
343	339		in amounts reasonable and necessary to cover the costs of
344	340		administering this chapter.
345	341		(b) Funds to administer this chapter may be appropriated
346	342		only from fees collected under this chapter.
347	343		Sec. 506.154. RULES RESTRICTING ADVERTISING OR COMPETITIVE
348	344		BIDDING. (a) The medical board or behavior analyst board may not
349	345		adopt rules restricting advertising or competitive bidding by a
350	346		license holder except to prohibit false, misleading, or deceptive
351	347		practices.
352	348		(b) The medical board or behavior analyst board may not
353	349		include in rules to prohibit false, misleading, or deceptive
354	350		practices by a license holder a rule that:
355	351		(1) restricts the license holder's use of any
356	352		advertising medium;
357	353		(2) restricts the license holder's personal appearance
358	354		or use of the license holder's voice in an advertisement;
359	355		(3) relates to the size or duration of an
360	356		advertisement by the license holder; or
361	357		(4) restricts the license holder's advertisement under
362	358		a trade name.
363	359		Sec. 506.155. RULES ON CONSEQUENCES OF CRIMINAL
364	360		CONVICTION. (a) The behavior analyst board shall adopt rules
365	361		necessary to comply with Chapter 53.
366	362		(b) In the behavior analyst board's rules under this
367	363		section, the behavior analyst board shall list the specific
368	364		offenses for which a conviction would constitute grounds for the
369	365		behavior analyst board to take action under Section 53.021.
370	366		Sec. 506.156. ANNUAL REGISTRY. (a) The behavior analyst
371	367		board shall annually prepare a registry of all license holders.
372	368		(b) The behavior analyst board shall make the registry
373	369		available to the public, license holders, and other state agencies.
374	370		Sec. 506.157. BEHAVIOR ANALYST BOARD DUTIES REGARDING
375	371		COMPLAINTS. (a) The behavior analyst board by rule shall:
376	372		(1) adopt a standardized form for filing complaints
377	373		with the behavior analyst board; and
378	374		(2) prescribe information to be provided when a person
379	375		files a complaint with the behavior analyst board.
380	376		(b) The behavior analyst board shall provide reasonable
381	377		assistance to a person who wishes to file a complaint with the
382	378		behavior analyst board.
383	379		Sec. 506.158. USE OF TECHNOLOGY. Subject to the advice and
384	380		approval of the medical board, the behavior analyst board shall
385	381		implement a policy requiring the behavior analyst board to use
386	382		appropriate technological solutions to improve the behavior
387	383		analyst board's ability to perform the behavior analyst board's
388	384		functions. The policy must ensure that the public is able to
389	385		interact with the behavior analyst board on the Internet.
390	386		Sec. 506.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
391	387		DISPUTE RESOLUTION POLICY. (a) Subject to the advice and approval
392	388		of the medical board, the behavior analyst board shall develop and
393	389		implement a policy to encourage the use of:
394	390		(1) negotiated rulemaking procedures under Chapter
395	391		2008, Government Code, for the adoption of behavior analyst board
396	392		rules; and
397	393		(2) appropriate alternative dispute resolution
398	394		procedures under Chapter 2009, Government Code, to assist in the
399	395		resolution of internal and external disputes under the behavior
400	396		analyst board's jurisdiction.
401	397		(b) The behavior analyst board's procedures relating to
402	398		alternative dispute resolution must conform, to the extent
403	399		possible, to any model guidelines issued by the State Office of
404	400		Administrative Hearings for the use of alternative dispute
405	401		resolution by state agencies.
406	402		(c) The behavior analyst board shall designate a trained
407	403		person to:
408	404		(1) coordinate the implementation of the policy
409	405		adopted under Subsection (a);
410	406		(2) serve as a resource for any training needed to
411	407		implement the procedures for negotiated rulemaking or alternative
412	408		dispute resolution; and
413	409		(3) collect data concerning the effectiveness of those
414	410		procedures, as implemented by the behavior analyst board.
415	411		SUBCHAPTER E. PUBLIC INTEREST INFORMATION
416	412		AND COMPLAINT PROCEDURES
417	413		Sec. 506.201. PUBLIC INTEREST INFORMATION. (a) The
418	414		behavior analyst board shall prepare information of public interest
419	415		describing the functions of the behavior analyst board.
420	416		(b) The behavior analyst board shall make the information
421	417		available to the public and appropriate state agencies.
422	418		Sec. 506.202. COMPLAINTS. (a) The behavior analyst board
423	419		by rule shall establish methods by which service recipients are
424	420		notified of the name, mailing address, and telephone number of the
425	421		behavior analyst board for the purpose of directing complaints to
426	422		the behavior analyst board. The behavior analyst board may provide
427	423		for that notice:
428	424		(1) on each registration form, application, or written
429	425		contract for services of a person regulated under this chapter;
430	426		(2) on a sign prominently displayed in the place of
431	427		business of each person regulated under this chapter; or
432	428		(3) in a bill for services provided by a person
433	429		regulated under this chapter.
434	430		(b) The behavior analyst board shall list with its regular
435	431		telephone number any toll-free telephone number established under
436	432		other state law that may be called to present a complaint about a
437	433		health professional.
438	434		Sec. 506.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
439	435		The behavior analyst board shall maintain a system to promptly and
440	436		efficiently act on complaints filed with the behavior analyst
441	437		board. The behavior analyst board shall maintain information about
442	438		parties to a complaint, the subject matter of the complaint, a
443	439		summary of the results of the review or investigation of the
444	440		complaint, and the disposition of the complaint.
445	441		(b) The behavior analyst board shall make information
446	442		available describing its procedures for complaint investigation
447	443		and resolution.
448	444		(c) The behavior analyst board shall periodically notify
449	445		the complaint parties of the status of the complaint until final
450	446		disposition.
451	447		(d) The behavior analyst board shall analyze complaints
452	448		filed with the behavior analyst board to identify any trends or
453	449		issues related to certain violations, including:
454	450		(1) the reason for each complaint;
455	451		(2) how each complaint was resolved; and
456	452		(3) the subject matter of each complaint that was not
457	453		within the jurisdiction of the behavior analyst board and how the
458	454		behavior analyst board responded to the complaint.
459	455		Sec. 506.204. GENERAL RULES REGARDING COMPLAINT
460	456		INVESTIGATION AND DISPOSITION. The behavior analyst board shall
461	457		adopt rules concerning the investigation of a complaint filed with
462	458		the behavior analyst board. The rules must:
463	459		(1) distinguish between categories of complaints;
464	460		(2) ensure that a complaint is not dismissed without
465	461		appropriate consideration;
466	462		(3) require that the behavior analyst board be advised
467	463		of a complaint that is dismissed and that a letter or electronic
468	464		communication be sent to the person who filed the complaint
469	465		explaining the action taken on the dismissed complaint;
470	466		(4) ensure that the person who filed the complaint has
471	467		an opportunity to explain the allegations made in the complaint;
472	468		and
473	469		(5) prescribe guidelines concerning the categories of
474	470		complaints that require the use of a private investigator and the
475	471		procedures for the behavior analyst board to obtain the services of
476	472		a private investigator.
477	473		Sec. 506.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
478	474		(a) Except as provided by Subsection (b), a complaint and
479	475		investigation concerning a license holder and all information and
480	476		materials compiled by the behavior analyst board in connection with
481	477		the complaint and investigation are not subject to:
482	478		(1) disclosure under Chapter 552, Government Code; or
483	479		(2) disclosure, discovery, subpoena, or other means of
484	480		legal compulsion for release of information to any person.
485	481		(b) A complaint or investigation subject to Subsection (a)
486	482		and all information and materials compiled by the behavior analyst
487	483		board in connection with the complaint, in accordance with Chapter
488	484		611, Health and Safety Code, may be disclosed to:
489	485		(1) the behavior analyst board and behavior analyst
490	486		board employees or agents involved in license holder discipline;
491	487		(2) a party to a disciplinary action against the
492	488		license holder or that party's designated representative;
493	489		(3) a law enforcement agency if required by law;
494	490		(4) a governmental agency if:
495	491		(A) the disclosure is required or permitted by
496	492		law; and
497	493		(B) the agency obtaining the disclosure protects
498	494		the identity of any patient whose records are examined; or
499	495		(5) the legislature.
500	496		(c) Unless good cause for delay is shown to the presiding
501	497		officer at the hearing, the behavior analyst board shall provide
502	498		the license holder with access to all information that the behavior
503	499		analyst board intends to offer into evidence at the hearing not
504	500		later than the 30th day after the date the behavior analyst board
505	501		receives a written request from a license holder who is entitled to
506	502		a hearing under this chapter or from the license holder's attorney
507	503		of record.
508	504		(d) The behavior analyst board shall protect the identity of
509	505		any patient whose records are examined in connection with a
510	506		disciplinary investigation or proceeding against a license holder,
511	507		except:
512	508		(1) a patient who initiates the disciplinary action;
513	509		or
514	510		(2) a patient who has submitted a written consent to
515	511		release the records.
516	512		Sec. 506.206. PUBLIC PARTICIPATION. (a) The behavior
517	513		analyst board shall develop and implement policies that provide the
518	514		public with a reasonable opportunity to appear before the behavior
519	515		analyst board and to speak on any issue under the behavior analyst
520	516		board's jurisdiction.
521	517		(b) The behavior analyst board shall prepare and maintain a
522	518		written plan that describes how a person who does not speak English
523	519		may be provided reasonable access to the behavior analyst board's
524	520		programs.
525		-	Sec. 506.207. SUBPOENAS. (a) In an investigation of a
526		-	complaint filed with the behavior analyst board, the presiding
527		-	officer of the behavior analyst board may issue a subpoena to compel
528		-	the attendance of a relevant witness or the production, for
529		-	inspection or copying, of relevant evidence that is in this state.
530		-	(b) A subpoena may be served personally or by certified
531		-	mail.
532		-	(c) If a person fails to comply with a subpoena, the
533		-	behavior analyst board, acting through the attorney general, may
534		-	file suit to enforce the subpoena in a district court in Travis
535		-	County or in the county in which a hearing conducted by the behavior
536		-	analyst board may be held.
537		-	(d) On finding that good cause exists for issuing the
538		-	subpoena, the court shall order the person to comply with the
539		-	subpoena. The court may punish a person who fails to obey the court
540		-	order.
541		-	(e) The behavior analyst board shall pay for photocopies
542		-	subpoenaed under this section a reasonable fee in an amount not to
543		-	exceed the amount the behavior analyst board may charge for copies
544		-	of its records.
545		-	(f) The reimbursement of the expenses of a witness whose
546		-	attendance is compelled under this section is governed by Section
547		-	2001.103, Government Code.
548		-	(g) Information and materials subpoenaed or compiled by the
549		-	behavior analyst board in connection with the investigation of a
550		-	complaint may be disclosed only as provided by Section 506.205.
551	521		SUBCHAPTER F. LICENSE REQUIREMENTS
552	522		Sec. 506.251. LICENSE REQUIRED. (a) Except as provided by
553	523		Subchapter B, a person may not engage in the practice of applied
554	524		behavior analysis unless the person holds a license under this
555	525		chapter.
556	526		(b) A person may not use the title "licensed behavior
557	527		analyst" or "licensed assistant behavior analyst," as appropriate,
558	528		unless the person is licensed under this chapter.
559	529		(c) Except as provided by Subchapter B, a person may not use
560	530		the title "behavior analyst" unless the person is licensed under
561	531		this chapter.
562	532		Sec. 506.252. LICENSE APPLICATION. Each applicant for a
563	533		license under this chapter must submit an application and the
564	534		required fees to the behavior analyst board. The application must
565	535		include sufficient evidence, as defined by behavior analyst board
566	536		rules, that the applicant:
567	537		(1) is of good moral character; and
568	538		(2) has successfully completed a state-approved
569	539		criminal background check.
570	540		Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR
571	541		ANALYST. An applicant for a license as a licensed behavior analyst
572	542		must present evidence to the behavior analyst board that the
573	543		applicant:
574	544		(1) is currently certified by the certifying entity as
575	545		a Board Certified Behavior Analyst or a Board Certified Behavior
576	546		Analyst--Doctoral or an equivalent certification issued by the
577	547		certifying entity;
578	548		(2) has met the educational requirements of the Board
579	549		Certified Behavior Analyst standard or the Board Certified Behavior
580	550		Analyst--Doctoral standard or an equivalent standard adopted by the
581	551		certifying entity;
582	552		(3) has passed the Board Certified Behavior Analyst
583	553		examination, or an equivalent examination offered by the certifying
584	554		entity, in applied behavior analysis;
585	555		(4) is in compliance with all professional, ethical,
586	556		and disciplinary standards established by the certifying entity;
587	557		and
588	558		(5) is not subject to any disciplinary action by the
589	559		certifying entity.
590	560		Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
591	561		ANALYST. An applicant for a license as a licensed assistant
592	562		behavior analyst must present evidence to the behavior analyst
593	563		board that the applicant:
594	564		(1) is currently certified by the certifying entity as
595	565		a Board Certified Assistant Behavior Analyst or an equivalent
596	566		certification issued by the certifying entity;
597	567		(2) has met the educational requirements of the Board
598	568		Certified Assistant Behavior Analyst standard or an equivalent
599	569		standard adopted by the certifying entity;
600	570		(3) has passed the Board Certified Assistant Behavior
601	571		Analyst examination, or an equivalent examination offered by the
602	572		certifying entity, in applied behavior analysis;
603	573		(4) is in compliance with all professional, ethical,
604	574		and disciplinary standards established by the certifying entity;
605	575		(5) is not subject to any disciplinary action by the
606	576		certifying entity; and
607	577		(6) is currently supervised by a licensed behavior
608	578		analyst in accordance with the requirements of the certifying
609	579		entity.
610	580		Sec. 506.255. ISSUANCE OF LICENSE. The behavior analyst
611	581		board shall issue a license as a licensed behavior analyst or a
612	582		licensed assistant behavior analyst, as appropriate, to an
613	583		applicant who:
614	584		(1) complies with the requirements of this chapter;
615	585		(2) meets any additional requirements the behavior
616	586		analyst board establishes by rule; and
617	587		(3) pays the required fees.
618	588		Sec. 506.256. TEMPORARY LICENSE. (a) The behavior analyst
619	589		board by rule may provide for the issuance of a temporary license.
620	590		(b) Rules adopted under this section must include a time
621	591		limit for a temporary license.
622	592		Sec. 506.257. RECIPROCITY. (a) The behavior analyst board
623	593		shall issue a license to a person who is currently licensed as a
624	594		behavior analyst or as an assistant behavior analyst from another
625	595		state or jurisdiction that imposes licensure requirements similar
626	596		to those specified in this chapter.
627	597		(b) An applicant for a reciprocal license shall:
628	598		(1) submit evidence to the behavior analyst board that
629	599		the applicant:
630	600		(A) is in good standing as determined by the
631	601		behavior analyst board;
632	602		(B) holds a valid license from another state or
633	603		jurisdiction; and
634	604		(C) is in compliance with other requirements
635	605		established by Sections 506.252, 506.253, 506.254, or 506.255, as
636	606		appropriate; and
637	607		(2) pay the required fees.
638	608		Sec. 506.258. INACTIVE STATUS. The behavior analyst board
639	609		by rule may provide for a person licensed under this chapter to be
640	610		placed on inactive status.
641	611		Sec. 506.259. RETIREMENT STATUS. The behavior analyst
642	612		board by rule may adopt a system for placing a person licensed under
643	613		this chapter on retirement status.
644	614		SUBCHAPTER G. LICENSE RENEWAL
645	615		Sec. 506.301. LICENSE EXPIRATION. (a) A license issued
646	616		under this chapter expires on the second anniversary of the date of
647	617		issuance.
648	618		(b) The behavior analyst board by rule may adopt a system
649	619		under which licenses expire on various dates during the year. For a
650	620		year in which the expiration date is changed, the behavior analyst
651	621		board shall prorate the licensing fee so that each license holder
652	622		pays only the portion of the fee that is allocable to the number of
653	623		months during which the license is valid. On renewal of the license
654	624		on the new expiration date, the entire licensing fee is payable.
655	625		Sec. 506.302. LICENSE RENEWAL. Before the expiration of a
656	626		license, a license may be renewed by:
657	627		(1) submitting an application for renewal;
658	628		(2) paying the renewal fee imposed by the behavior
659	629		analyst board; and
660	630		(3) providing verification to the behavior analyst
661	631		board of continued certification by the certifying entity, which
662	632		signifies that the applicant for renewal has met any continuing
663	633		education requirements established by the certifying entity.
664	634		SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
665	635		Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
666	636		ACTION. After a hearing, the behavior analyst board may deny a
667	637		license to an applicant, suspend or revoke a person's license, or
668	638		place on probation a license holder if the applicant or license
669	639		holder:
670	640		(1) violates this chapter or a behavior analyst board
671	641		order or rule;
672	642		(2) obtains a license by means of fraud,
673	643		misrepresentation, or concealment of a material fact;
674	644		(3) sells, barters, or offers to sell or barter a
675	645		license; or
676	646		(4) engages in unprofessional conduct that:
677	647		(A) endangers or is likely to endanger the
678	648		health, welfare, or safety of the public as defined by behavior
679	649		analyst board rule; or
680	650		(B) violates the code of ethics adopted and
681	651		published by the behavior analyst board.
682	652		Sec. 506.352. PROBATION. If a license suspension is
683	653		probated, the behavior analyst board may require the license holder
684	654		to:
685	655		(1) report regularly to the behavior analyst board on
686	656		matters that are the basis of the probation;
687	657		(2) limit the license holder's practice to the areas
688	658		prescribed by the behavior analyst board; or
689	659		(3) continue or review continuing professional
690	660		education until the license holder attains a degree of skill
691	661		satisfactory to the behavior analyst board in those areas that are
692	662		the basis of the probation.
693	663		Sec. 506.353. INFORMAL PROCEEDINGS. (a) The behavior
694	664		analyst board by rule shall adopt procedures governing:
695	665		(1) informal disposition of a contested case under
696	666		Section 2001.056, Government Code; and
697	667		(2) an informal proceeding held in compliance with
698	668		Section 2001.054, Government Code.
699	669		(b) Rules adopted under this section must:
700	670		(1) provide the complainant and the license holder
701	671		with an opportunity to be heard; and
702	672		(2) require the presence of a member of the behavior
703	673		analyst board's or medical board's legal staff to advise the
704	674		behavior analyst board or medical board or the behavior analyst
705	675		board's or medical board's employees.
706	676		Sec. 506.354. HEARING. A license holder is entitled to a
707	677		hearing before the State Office of Administrative Hearings before a
708	678		sanction is imposed under this subchapter.
709	679		Sec. 506.355. SCHEDULE OF SANCTIONS. (a) The behavior
710	680		analyst board by rule shall adopt a broad schedule of sanctions for
711	681		violations under this chapter.
712	682		(b) The State Office of Administrative Hearings shall use
713	683		the schedule for any sanction imposed under this chapter as the
714	684		result of a hearing conducted by that office.
715	685		Sec. 506.356. EMERGENCY SUSPENSION. (a) The behavior
716	686		analyst board, or a three-member committee of behavior analyst
717	687		board members designated by the behavior analyst board, shall
718	688		temporarily suspend the license of a license holder if the behavior
719	689		analyst board or committee determines from the evidence or
720	690		information presented to the behavior analyst board or committee
721	691		that continued practice by the license holder would constitute a
722	692		continuing and imminent threat to the public welfare.
723	693		(b) A license may be suspended under this section without
724	694		notice or hearing on the complaint if:
725	695		(1) action is taken to initiate proceedings for a
726	696		hearing before the State Office of Administrative Hearings
727	697		simultaneously with the temporary suspension; and
728	698		(2) a hearing is held as soon as practicable under this
729	699		chapter and Chapter 2001, Government Code.
730	700		(c) The State Office of Administrative Hearings shall hold a
731	701		preliminary hearing not later than the 14th day after the date of
732	702		the temporary suspension to determine if there is probable cause to
733	703		believe that a continuing and imminent threat to the public welfare
734	704		still exists. A final hearing on the matter shall be held not later
735	705		than the 61st day after the date of the temporary suspension.
736	706		SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROCEDURES
737	707		Sec. 506.401. INJUNCTIVE RELIEF. The behavior analyst
738	708		board or the attorney general may institute a proceeding to enforce
739	709		this chapter, including a suit to enjoin a person from practicing
740	710		applied behavior analysis without complying with this chapter.
741	711		Sec. 506.402. MONITORING OF LICENSE HOLDER. The behavior
742	712		analyst board by rule shall develop a system for monitoring a
743	713		license holder's compliance with this chapter. The rules must
744	714		include procedures for:
745	715		(1) monitoring for compliance a license holder who is
746	716		ordered by the behavior analyst board to perform a certain act; and
747	717		(2) identifying and monitoring each license holder who
748	718		represents a risk to the public.
749	719		Sec. 506.403. ADMINISTRATIVE PENALTY. (a) The behavior
750	720		analyst board may impose an administrative penalty against a person
751	721		licensed under this chapter who violates this chapter or a rule or
752	722		order adopted under this chapter.
753	723		(b) An administrative penalty may not exceed $200. Each day
754	724		a violation continues or occurs is a separate violation for the
755	725		purpose of imposing a penalty. The amount of the penalty shall be
756	726		based on:
757	727		(1) the seriousness of the violation, including the
758	728		nature, circumstances, extent, and gravity of any prohibited acts,
759	729		and the hazard or potential hazard created to the health, safety, or
760	730		economic welfare of the public;
761	731		(2) the history of previous violations;
762	732		(3) the amount necessary to deter a future violation;
763	733		(4) efforts to correct the violation; and
764	734		(5) any other matter that justice requires.
765	735		(c) The person may stay enforcement during the time the
766	736		order is under judicial review if the person pays the penalty to the
767	737		court clerk or files a supersedeas bond with the court in the amount
768	738		of the penalty. A person who cannot afford to pay the penalty or
769	739		file the bond may stay enforcement by filing an affidavit like that
770	740		required by the Texas Rules of Civil Procedure for a party who
771	741		cannot afford to file security for costs, except that the behavior
772	742		analyst board may contest the affidavit as provided by those rules.
773	743		(d) A proceeding to impose an administrative penalty is
774	744		subject to Chapter 2001, Government Code.
775	745		Sec. 506.404. CIVIL PENALTY. (a) A person found by a court
776	746		to have violated this chapter is liable to this state for a civil
777	747		penalty of $200 for each day the violation continues.
778	748		(b) A civil penalty may be recovered in a suit brought by the
779	749		attorney general, a district attorney, or a county attorney.
780		-	Sec. 506.405. CRIMINAL OFFENSE. (a) A person commits an
781		-	offense if the person knowingly violates this chapter.
782		-	(b) An offense under this section is a Class A misdemeanor.
783		-	(c) Each day of violation constitutes a separate offense.
784	750		SECTION 2. As soon as practicable after the effective date
785	751		of this Act, the governor shall appoint nine members to the Texas
786	752		Board of Behavior Analyst Examiners in accordance with Chapter 506,
787	753		Occupations Code, as added by this Act. In making the initial
788	754		appointments, the governor shall designate three members for terms
789	755		expiring February 1, 2017, three members for terms expiring
790	756		February 1, 2019, and three members for terms expiring February 1,
791	757		2021.
792	758		SECTION 3. Not later than January 1, 2016, the Texas Board
793	759		of Behavior Analyst Examiners shall adopt the rules, procedures,
794	760		and fees necessary to administer Chapter 506, Occupations Code, as
795	761		added by this Act.
796	762		SECTION 4. Notwithstanding Chapter 506, Occupations Code,
797	763		as added by this Act, a behavior analyst or assistant behavior
798	764		analyst is not required to hold a license under that chapter to
799	765		practice as a licensed behavior analyst or licensed assistant
800	766		behavior analyst in this state before June 1, 2016.
801	767		SECTION 5. (a) Except as provided by Subsection (b) of this
802	768		section, this Act takes effect September 1, 2015.
803	769		(b) Section 506.251, Occupations Code, and Subchapter H,
804	770		Chapter 506, Occupations Code, as added by this Act, take effect
805	771		June 1, 2016.