84R7211 EES-F
By: Lucio S.B. No. 1871
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; 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) "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 board.
(3) "License holder" means a person licensed under
this chapter.
(4) "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.
(5) "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.
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 psychological testing, psychotherapy, cognitive therapy,
psychoanalysis, hypnotherapy, or counseling as treatment
modalities.
Sec. 506.004. APPLICATION OF SUNSET ACT. The Texas Board
of Behavior Analyst Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2027.
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 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 SCHOOL DISTRICT. (a)
This chapter does not apply to a teacher or employee of a private or
public school who provides applied behavior analysis services if
the teacher or employee is performing duties within the scope of the
teacher's or employee's employment.
(b) A person described by Subsection (a) may not:
(1) represent that the person is a behavior analyst,
unless the applied behavior analysis services provided are within
the person's education, training, and competence;
(2) offer applied behavior analysis services to any
person, other than within the scope of the person's employment
duties for the school; or
(3) receive compensation for providing applied
behavior analysis services, other than the compensation that the
person receives from the person's school employer.
Sec. 506.059. 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 if the teaching or research activities do not
involve the delivery or supervision of applied behavior analysis
services; or
(3) is a professional who provides general applied
behavior analysis services to organizations if those services:
(A) are for the benefit of the organization; and
(B) do not involve direct services to
individuals.
SUBCHAPTER C. TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS
Sec. 506.101. BOARD MEMBERSHIP. (a) The 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) two licensed assistant behavior analysts; and
(3) 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 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 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 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 board; or
(C) uses or receives a substantial amount of
funds from the board, other than compensation or reimbursement
authorized by law for 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 board and may not be
an employee of the 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 board or act as
general counsel to the 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 board.
Sec. 506.104. TERMS; VACANCY. (a) Members of the 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 board held
on the date closest to August 31 of each year, the board shall elect
from its members a presiding officer, a secretary, and any other
officers required to conduct the business of the board.
Sec. 506.106. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the 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 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 board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
member exists.
(c) If the executive director of the board or a board member
has knowledge that a potential ground for removal exists, the
executive director or board member shall notify the presiding
officer of the board of the potential ground. The presiding officer
shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the executive director or
board member shall notify the next highest ranking officer of the
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 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 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 board shall meet at least
twice each year.
(b) The 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
board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the programs, functions, rules,
and budget of the board;
(2) the results of the most recent formal audit of the
board;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 506.110. CIVIL LIABILITY. A member of the board is
not liable in a civil action for an act performed in good faith
while performing duties as a member.
SUBCHAPTER D. POWERS AND DUTIES OF THE BOARD
Sec. 506.151. GENERAL POWERS AND DUTIES. The board shall:
(1) administer and enforce this chapter;
(2) determine the qualifications and fitness of an
applicant for a license, license renewal, or temporary license;
(3) establish standards of conduct and adopt a code of
professional ethics for license holders;
(4) hire staff as necessary and as the budget allows;
and
(5) ensure strict compliance with and enforcement of
this chapter.
Sec. 506.152. RULES. The board shall adopt rules
consistent with this chapter to carry out the board's duties in
administering this chapter.
Sec. 506.153. FEES. (a) The board by rule shall set fees
in amounts reasonable and necessary to cover the costs of
administering this chapter.
(b) Funds to administer this chapter may be appropriated
only from fees collected under this chapter.
Sec. 506.154. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a license holder except to
prohibit false, misleading, or deceptive practices.
(b) The board may not include in rules to prohibit false,
misleading, or deceptive practices by a license holder a rule that:
(1) restricts the license holder's use of any
advertising medium;
(2) restricts the license holder's personal appearance
or use of the license holder's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
Sec. 506.155. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. (a) The board shall adopt rules necessary to comply
with Chapter 53.
(b) In the board's rules under this section, the board shall
list the specific offenses for which a conviction would constitute
grounds for the board to take action under Section 53.021.
Sec. 506.156. ANNUAL REGISTRY. (a) The board shall
annually prepare a registry of all license holders.
(b) The board shall make the registry available to the
public, license holders, and other state agencies.
Sec. 506.157. BOARD DUTIES REGARDING COMPLAINTS. (a) The
board by rule shall:
(1) adopt a standardized form for filing complaints
with the board; and
(2) prescribe information to be provided when a person
files a complaint with the board.
(b) The board shall provide reasonable assistance to a
person who wishes to file a complaint with the board.
Sec. 506.158. USE OF TECHNOLOGY. The board shall implement
a policy requiring the board to use appropriate technological
solutions to improve the board's ability to perform the board's
functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Sec. 506.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION
AND COMPLAINT PROCEDURES
Sec. 506.201. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Sec. 506.202. COMPLAINTS. (a) The board by rule shall
establish methods by which service recipients are notified of the
name, mailing address, and telephone number of the board for the
purpose of directing complaints to the board. The board may provide
for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated under this chapter;
(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter; or
(3) in a bill for services provided by a person
regulated under this chapter.
(b) The board shall list with its regular telephone number
any toll-free telephone number established under other state law
that may be called to present a complaint about a health
professional.
Sec. 506.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
The board shall maintain a system to promptly and efficiently act on
complaints filed with the board. The board shall maintain
information about parties to a complaint, the subject matter of the
complaint, a summary of the results of the review or investigation
of the complaint, and the disposition of the complaint.
(b) The board shall make information available describing
its procedures for complaint investigation and resolution.
(c) The board shall periodically notify the complaint
parties of the status of the complaint until final disposition.
(d) The board shall analyze complaints filed with the board
to identify any trends or issues related to certain violations,
including:
(1) the reason for each complaint;
(2) how each complaint was resolved; and
(3) the subject matter of each complaint that was not
within the jurisdiction of the board and how the board responded to
the complaint.
Sec. 506.204. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. The board shall adopt rules
concerning the investigation of a complaint filed with the board.
The rules must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter or electronic communication be
sent to the person who filed the complaint explaining the action
taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
Sec. 506.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
(a) Except as provided by Subsection (b), a complaint and
investigation concerning a license holder and all information and
materials compiled by the board in connection with the complaint
and investigation are not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for release of information to any person.
(b) A complaint or investigation subject to Subsection (a)
and all information and materials compiled by the board in
connection with the complaint, in accordance with Chapter 611,
Health and Safety Code, may be disclosed to:
(1) the board and board employees or agents involved
in license holder discipline;
(2) a party to a disciplinary action against the
license holder or that party's designated representative;
(3) a law enforcement agency if required by law;
(4) a governmental agency if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined; or
(5) the legislature.
(c) Unless good cause for delay is shown to the presiding
officer at the hearing, the board shall provide the license holder
with access to all information that the board intends to offer into
evidence at the hearing not later than the 30th day after the date
the board receives a written request from a license holder who is
entitled to a hearing under this chapter or from the license
holder's attorney of record.
(d) The board shall protect the identity of any patient
whose records are examined in connection with a disciplinary
investigation or proceeding against a license holder, except:
(1) a patient who initiates the disciplinary action;
or
(2) a patient who has submitted a written consent to
release the records.
Sec. 506.206. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Sec. 506.207. SUBPOENAS. (a) In an investigation of a
complaint filed with the board, the presiding officer of the board
may issue a subpoena to compel the attendance of a relevant witness
or the production, for inspection or copying, of relevant evidence
that is in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in the county in
which a hearing conducted by the board may be held.
(d) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may punish a person who fails to obey the court
order.
(e) The board shall pay for photocopies subpoenaed under
this section a reasonable fee in an amount not to exceed the amount
the board may charge for copies of its records.
(f) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(g) Information and materials subpoenaed or compiled by the
board in connection with the investigation of a complaint may be
disclosed only as provided by Section 506.205.
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 506.251. LICENSE REQUIRED. (a) Except as provided by
Subchapter B, a person may not engage in the practice of applied
behavior analysis unless the person holds a license under this
chapter.
(b) A person may not use the title "licensed behavior
analyst" or "licensed assistant behavior analyst," as appropriate,
unless the person is licensed under this chapter.
(c) Except as provided by Subchapter B, a person may not use
the title "behavior analyst" unless the person is licensed under
this chapter.
Sec. 506.252. LICENSE APPLICATION. Each applicant for a
license under this chapter must submit an application and the
required fees to the board. The application must include
sufficient evidence, as defined by board rules, that the applicant:
(1) is of good moral character; and
(2) has successfully completed a state-approved
criminal background check.
Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR
ANALYST. An applicant for a license as a licensed behavior analyst
must present evidence to the board that the applicant:
(1) is currently certified by the certifying entity as
a Board Certified Behavior Analyst or a Board Certified Behavior
Analyst--Doctoral or an equivalent certification issued by the
certifying entity;
(2) has met the educational requirements of the Board
Certified Behavior Analyst standard or the Board Certified Behavior
Analyst--Doctoral standard or an equivalent standard adopted by the
certifying entity;
(3) has passed the Board Certified Behavior Analyst
examination, or an equivalent examination offered by the certifying
entity, in applied behavior analysis;
(4) is in compliance with all professional, ethical,
and disciplinary standards established by the certifying entity;
and
(5) is not subject to any disciplinary action by the
certifying entity.
Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
ANALYST. An applicant for a license as a licensed assistant
behavior analyst must present evidence to the board that the
applicant:
(1) is currently certified by the certifying entity as
a Board Certified Assistant Behavior Analyst or an equivalent
certification issued by the certifying entity;
(2) has met the educational requirements of the Board
Certified Assistant Behavior Analyst standard or an equivalent
standard adopted by the certifying entity;
(3) has passed the Board Certified Assistant Behavior
Analyst examination, or an equivalent examination offered by the
certifying entity, in applied behavior analysis;
(4) is in compliance with all professional, ethical,
and disciplinary standards established by the certifying entity;
(5) is not subject to any disciplinary action by the
certifying entity; and
(6) is currently supervised by a licensed behavior
analyst in accordance with the requirements of the certifying
entity.
Sec. 506.255. ISSUANCE OF LICENSE. The board shall issue a
license as a licensed behavior analyst or a licensed assistant
behavior analyst, as appropriate, to an applicant who:
(1) complies with the requirements of this chapter;
(2) meets any additional requirements the board
establishes by rule; and
(3) pays the required fees.
Sec. 506.256. TEMPORARY LICENSE. (a) The board by rule
may provide for the issuance of a temporary license.
(b) Rules adopted under this section must include a time
limit for a temporary license.
Sec. 506.257. RECIPROCITY. (a) The board shall issue a
license to a person who is currently licensed as a behavior analyst
or as an assistant behavior analyst from another state or
jurisdiction that imposes licensure requirements similar to those
specified in this chapter.
(b) An applicant for a reciprocal license shall:
(1) submit evidence to the board that the applicant:
(A) is in good standing as determined by the
board;
(B) holds a valid license from another state or
jurisdiction; and
(C) is in compliance with other requirements
established by Sections 506.252, 506.253, 506.254, or 506.255, as
appropriate; and
(2) pay the required fees.
Sec. 506.258. INACTIVE STATUS. The board by rule may
provide for a person licensed under this chapter to be placed on
inactive status.
Sec. 506.259. RETIREMENT STATUS. The board by rule may
adopt a system for placing a person licensed under this chapter on
retirement status.
SUBCHAPTER G. LICENSE RENEWAL
Sec. 506.301. LICENSE EXPIRATION. (a) A license issued
under this chapter expires on the second anniversary of the date of
issuance.
(b) The board by rule may adopt a system under which
licenses expire on various dates during the year. For a year in
which the expiration date is changed, the board shall prorate the
licensing fee so that each license holder pays only the portion of
the fee that is allocable to the number of months during which the
license is valid. On renewal of the license on the new expiration
date, the entire licensing fee is payable.
Sec. 506.302. LICENSE RENEWAL. Before the expiration of a
license, a license may be renewed by:
(1) submitting an application for renewal;
(2) paying the renewal fee imposed by the board; and
(3) providing verification to the board of continued
certification by the certifying entity, which signifies that the
applicant for renewal has met any continuing education requirements
established by the certifying entity.
SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. After a hearing, the board may deny a license to an
applicant, suspend or revoke a person's license, or place on
probation a license holder if the applicant or license holder:
(1) violates this chapter or a board order or rule;
(2) obtains a license by means of fraud,
misrepresentation, or concealment of a material fact;
(3) sells, barters, or offers to sell or barter a
license; or
(4) engages in unprofessional conduct that:
(A) endangers or is likely to endanger the
health, welfare, or safety of the public as defined by board rule;
or
(B) violates the code of ethics adopted and
published by the board.
Sec. 506.352. PROBATION. If a license suspension is
probated, the board may require the license holder to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit the license holder's practice to the areas
prescribed by the board; or
(3) continue or review continuing professional
education until the license holder attains a degree of skill
satisfactory to the board in those areas that are the basis of the
probation.
Sec. 506.353. INFORMAL PROCEEDINGS. (a) The board by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under this section must:
(1) provide the complainant and the license holder
with an opportunity to be heard; and
(2) require the presence of a member of the board's
legal staff, if the board has a legal staff, or, if the board does
not have a legal staff, an attorney employed by the attorney general
to advise the board or the board's employees.
Sec. 506.354. HEARING. A license holder is entitled to a
hearing before the State Office of Administrative Hearings before a
sanction is imposed under this subchapter.
Sec. 506.355. SCHEDULE OF SANCTIONS. (a) The board by
rule shall adopt a broad schedule of sanctions for violations under
this chapter.
(b) The State Office of Administrative Hearings shall use
the schedule for any sanction imposed under this chapter as the
result of a hearing conducted by that office.
Sec. 506.356. EMERGENCY SUSPENSION. (a) The board, or a
three-member committee of board members designated by the board,
shall temporarily suspend the license of a license holder if the
board or committee determines from the evidence or information
presented to the board or committee that continued practice by the
license holder would constitute a continuing and imminent threat to
the public welfare.
(b) A license may be suspended under this section without
notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that a continuing and imminent threat to the public welfare
still exists. A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension.
SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROCEDURES
Sec. 506.401. INJUNCTIVE RELIEF. The board or the attorney
general may institute a proceeding to enforce this chapter,
including a suit to enjoin a person from practicing applied
behavior analysis without complying with this chapter.
Sec. 506.402. MONITORING OF LICENSE HOLDER. The board by
rule shall develop a system for monitoring a license holder's
compliance with this chapter. The rules must include procedures
for:
(1) monitoring for compliance a license holder who is
ordered by the board to perform a certain act; and
(2) identifying and monitoring each license holder who
represents a risk to the public.
Sec. 506.403. ADMINISTRATIVE PENALTY. (a) The board may
impose an administrative penalty against a person licensed under
this chapter who violates this chapter or a rule or order adopted
under this chapter.
(b) An administrative penalty may not exceed $200. Each day
a violation continues or occurs is a separate violation for the
purpose of imposing a penalty. The amount of the penalty shall be
based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health, safety, or
economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts to correct the violation; and
(5) any other matter that justice requires.
(c) The person may stay enforcement during the time the
order is under judicial review if the person pays the penalty to the
court clerk or files a supersedeas bond with the court in the amount
of the penalty. A person who cannot afford to pay the penalty or
file the bond may stay enforcement by filing an affidavit like that
required by the Texas Rules of Civil Procedure for a party who
cannot afford to file security for costs, except that the board may
contest the affidavit as provided by those rules.
(d) A proceeding to impose an administrative penalty is
subject to Chapter 2001, Government Code.
Sec. 506.404. CIVIL PENALTY. (a) A person found by a court
to have violated this chapter is liable to this state for a civil
penalty of $200 for each day the violation continues.
(b) A civil penalty may be recovered in a suit brought by the
attorney general, a district attorney, or a county attorney.
Sec. 506.405. CRIMINAL OFFENSE. (a) A person commits an
offense if the person knowingly violates this chapter.
(b) An offense under this section is a Class A misdemeanor.
(c) Each day of violation constitutes a separate offense.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall appoint nine members to the Texas
Board of Behavior Analyst Examiners in accordance with Chapter 506,
Occupations Code, as added by this Act. In making the initial
appointments, the governor shall designate three members for terms
expiring February 1, 2017, three members for terms expiring
February 1, 2019, and three members for terms expiring February 1,
2021.
SECTION 3. Not later than January 1, 2016, the Texas Board
of Behavior Analyst Examiners shall adopt the rules, procedures,
and fees necessary to administer Chapter 506, Occupations Code, as
added by this Act.
SECTION 4. Notwithstanding Chapter 506, Occupations Code,
as added by this Act, a behavior analyst or assistant behavior
analyst is not required to hold a license under that chapter to
practice as a licensed behavior analyst or licensed assistant
behavior analyst in this state before June 1, 2016.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2015.
(b) Section 506.251, Occupations Code, and Subchapter H,
Chapter 506, Occupations Code, as added by this Act, take effect
June 1, 2016.