Texas 2015 - 84th Regular

Texas Senate Bill SB1871 Compare Versions

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1	1	84R7211 EES-F
2	2	By: Lucio S.B. No. 1871
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Board of Behavior
8	8	Analyst Examiners and the requirement to obtain a license to
9	9	practice as a behavior analyst or assistant behavior analyst;
10	10	imposing fees; providing an administrative penalty; creating a
11	11	criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle I, Title 3, Occupations Code, is
14	14	amended by adding Chapter 506 to read as follows:
15	15	CHAPTER 506. BEHAVIOR ANALYSTS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 506.001. SHORT TITLE. This chapter may be cited as
18	18	the Behavior Analyst Licensing Act.
19	19	Sec. 506.002. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the Texas Board of Behavior Analyst
21	21	Examiners.
22	22	(2) "Certifying entity" means the nationally
23	23	accredited Behavior Analyst Certification Board or another entity
24	24	that is accredited by the National Commission for Certifying
25	25	Agencies or the American National Standards Institute to issue
26	26	credentials in the professional practice of applied behavior
27	27	analysis and approved by the board.
28	28	(3) "License holder" means a person licensed under
29	29	this chapter.
30	30	(4) "Licensed assistant behavior analyst" means a
31	31	person who is certified by the certifying entity as a Board
32	32	Certified Assistant Behavior Analyst or who has an equivalent
33	33	certification issued by the certifying entity and who meets the
34	34	requirements specified by Sections 506.252 and 506.254.
35	35	(5) "Licensed behavior analyst" means a person who is
36	36	certified by the certifying entity as a Board Certified Behavior
37	37	Analyst or Board Certified Behavior Analyst--Doctoral or who has an
38	38	equivalent certification issued by the certifying entity and who
39	39	meets the requirements specified by Sections 506.252 and 506.253.
40	40	Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS. (a)
41	41	The practice of applied behavior analysis is the design,
42	42	implementation, and evaluation of instructional and environmental
43	43	modifications to produce socially significant improvements in
44	44	human behavior.
45	45	(b) The practice of applied behavior analysis includes the
46	46	empirical identification of functional relations between behavior
47	47	and environmental factors, known as functional assessment or
48	48	functional analysis.
49	49	(c) Applied behavior analysis interventions:
50	50	(1) are based on scientific research and the direct
51	51	observation and measurement of behavior and environment; and
52	52	(2) use contextual factors, motivating operations,
53	53	antecedent stimuli, positive reinforcement, and other procedures
54	54	to help individuals develop new behaviors, increase or decrease
55	55	existing behaviors, and elicit or evoke behaviors under specific
56	56	environmental conditions.
57	57	(d) The practice of applied behavior analysis does not
58	58	include psychological testing, psychotherapy, cognitive therapy,
59	59	psychoanalysis, hypnotherapy, or counseling as treatment
60	60	modalities.
61	61	Sec. 506.004. APPLICATION OF SUNSET ACT. The Texas Board
62	62	of Behavior Analyst Examiners is subject to Chapter 325, Government
63	63	Code (Texas Sunset Act). Unless continued in existence as provided
64	64	by that chapter, the board is abolished and this chapter expires
65	65	September 1, 2027.
66	66	SUBCHAPTER B. APPLICATION OF CHAPTER; USE OF TITLE
67	67	Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does
68	68	not apply to a person licensed to practice psychology in this state
69	69	if the applied behavior analysis services provided are within the
70	70	scope of the licensed psychologist's education, training, and
71	71	competence.
72	72	Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter
73	73	does not apply to a person licensed to practice another profession
74	74	in this state if the applied behavior analysis services provided
75	75	are within:
76	76	(1) the scope of practice of the person's license under
77	77	state law; and
78	78	(2) the scope of the person's education, training, and
79	79	competence.
80	80	Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter
81	81	does not apply to a family member or guardian of a recipient of
82	82	applied behavior analysis services who is implementing a behavior
83	83	analysis treatment plan for the recipient under the extended
84	84	authority and direction of a licensed behavior analyst or licensed
85	85	assistant behavior analyst.
86	86	Sec. 506.054. PARAPROFESSIONALS. This chapter does not
87	87	apply to a paraprofessional technician who delivers applied
88	88	behavior analysis services if:
89	89	(1) the applied behavior analysis services are
90	90	provided under the extended authority and direction of a licensed
91	91	behavior analyst or licensed assistant behavior analyst; and
92	92	(2) the person is designated as an "applied behavior
93	93	analysis technician," "behavior technician," "tutor," or
94	94	"front-line therapist."
95	95	Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter
96	96	does not apply to an applied behavior analysis activity or service
97	97	of a college or university student, intern, or fellow if:
98	98	(1) the activity or service is part of a defined
99	99	behavior analysis program of study, course, practicum, internship,
100	100	or postdoctoral fellowship;
101	101	(2) the activity or service is directly supervised by
102	102	a licensed behavior analyst or an instructor in a course sequence
103	103	approved by the certifying entity; and
104	104	(3) the person is designated as a "student," "intern,"
105	105	"fellow," or "trainee."
106	106	Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does
107	107	not apply to an unlicensed person pursuing supervised experience in
108	108	applied behavior analysis if the supervised experience is
109	109	consistent with the requirements of the certifying entity and board
110	110	rules.
111	111	Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM
112	112	ANOTHER STATE. (a) This chapter does not apply to a behavior
113	113	analyst licensed in another jurisdiction or certified by the
114	114	certifying entity if the activities and services conducted in this
115	115	state:
116	116	(1) are within the behavior analyst's customary area
117	117	of practice;
118	118	(2) are conducted not more than 20 days in a calendar
119	119	year; and
120	120	(3) are not otherwise in violation of this chapter.
121	121	(b) A behavior analyst described by Subsection (a) shall
122	122	inform the recipient of applied behavior analysis services, or a
123	123	parent or guardian of the recipient if the recipient is under 18
124	124	years of age, that:
125	125	(1) the behavior analyst is not licensed in this
126	126	state; and
127	127	(2) the activities and services provided by the
128	128	behavior analyst are time-limited.
129	129	Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT. (a)
130	130	This chapter does not apply to a teacher or employee of a private or
131	131	public school who provides applied behavior analysis services if
132	132	the teacher or employee is performing duties within the scope of the
133	133	teacher's or employee's employment.
134	134	(b) A person described by Subsection (a) may not:
135	135	(1) represent that the person is a behavior analyst,
136	136	unless the applied behavior analysis services provided are within
137	137	the person's education, training, and competence;
138	138	(2) offer applied behavior analysis services to any
139	139	person, other than within the scope of the person's employment
140	140	duties for the school; or
141	141	(3) receive compensation for providing applied
142	142	behavior analysis services, other than the compensation that the
143	143	person receives from the person's school employer.
144	144	Sec. 506.059. USE OF TITLE "BEHAVIOR ANALYST." (a) This
145	145	chapter does not apply to a person described by Subsection (b).
146	146	(b) A person may use the title "behavior analyst" if the
147	147	person:
148	148	(1) is a behavior analyst who practices with
149	149	nonhumans, including an applied animal behaviorist or an animal
150	150	trainer;
151	151	(2) teaches behavior analysis or conducts behavior
152	152	analytic research if the teaching or research activities do not
153	153	involve the delivery or supervision of applied behavior analysis
154	154	services; or
155	155	(3) is a professional who provides general applied
156	156	behavior analysis services to organizations if those services:
157	157	(A) are for the benefit of the organization; and
158	158	(B) do not involve direct services to
159	159	individuals.
160	160	SUBCHAPTER C. TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS
161	161	Sec. 506.101. BOARD MEMBERSHIP. (a) The board is composed
162	162	of nine members appointed by the governor with the advice and
163	163	consent of the senate as follows:
164	164	(1) four licensed behavior analysts, at least one of
165	165	whom must be certified as a Board Certified Behavior
166	166	Analyst--Doctoral, or hold an equivalent certification issued by
167	167	the certifying entity;
168	168	(2) two licensed assistant behavior analysts; and
169	169	(3) three members who represent the public and who are
170	170	either former recipients of applied behavior analysis services or
171	171	the parent or guardian of a current or former recipient of applied
172	172	behavior analysis services.
173	173	(b) To be qualified for appointment under Subsection
174	174	(a)(1), a person must have at least five years of experience as a
175	175	licensed behavior analyst after being certified by the certifying
176	176	entity.
177	177	(c) Appointments to the board shall be made without regard
178	178	to the race, color, disability, sex, religion, age, or national
179	179	origin of the appointee.
180	180	Sec. 506.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
181	181	not eligible for appointment as a public member of the board if:
182	182	(1) the person is registered, certified, or licensed
183	183	by an occupational regulatory agency in the field of mental health;
184	184	(2) the person's spouse is registered, certified, or
185	185	licensed by an occupational regulatory agency in the field of
186	186	mental health; or
187	187	(3) the person or the person's spouse:
188	188	(A) is employed by or participates in the
189	189	management of a business entity or other organization receiving
190	190	funds from the board;
191	191	(B) owns or controls, directly or indirectly,
192	192	more than a 10 percent interest in a business entity or other
193	193	organization receiving funds from the board; or
194	194	(C) uses or receives a substantial amount of
195	195	funds from the board, other than compensation or reimbursement
196	196	authorized by law for board membership, attendance, or expenses.
197	197	Sec. 506.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
198	198	In this section, "Texas trade association" means a cooperative and
199	199	voluntarily joined statewide association of business or
200	200	professional competitors in this state designed to assist its
201	201	members and its industry or profession in dealing with mutual
202	202	business or professional problems and in promoting their common
203	203	interest.
204	204	(b) A person may not be a member of the board and may not be
205	205	an employee of the board employed in a "bona fide executive,
206	206	administrative, or professional capacity," as that phrase is used
207	207	for purposes of establishing an exemption to the overtime
208	208	provisions of the federal Fair Labor Standards Act of 1938 (29
209	209	U.S.C. Section 201 et seq.) if:
210	210	(1) the person is an officer, employee, manager, or
211	211	paid consultant of a Texas trade association in the field of mental
212	212	health; or
213	213	(2) the person's spouse is an officer, employee,
214	214	manager, or paid consultant of a Texas trade association in the
215	215	field of mental health.
216	216	(c) A person may not be a member of the board or act as
217	217	general counsel to the board if the person is required to register
218	218	as a lobbyist under Chapter 305, Government Code, because of the
219	219	person's activities for compensation on behalf of a profession
220	220	related to the operation of the board.
221	221	Sec. 506.104. TERMS; VACANCY. (a) Members of the board
222	222	serve staggered six-year terms, with the terms of three members
223	223	expiring February 1 of each odd-numbered year.
224	224	(b) A member may not serve more than two consecutive
225	225	six-year terms.
226	226	(c) If a vacancy occurs during a member's term, the governor
227	227	shall appoint a member to fill the unexpired term.
228	228	(d) A member shall serve until a successor is appointed and
229	229	assumes office.
230	230	Sec. 506.105. OFFICERS. At the meeting of the board held
231	231	on the date closest to August 31 of each year, the board shall elect
232	232	from its members a presiding officer, a secretary, and any other
233	233	officers required to conduct the business of the board.
234	234	Sec. 506.106. GROUNDS FOR REMOVAL. (a) It is a ground for
235	235	removal from the board that a member:
236	236	(1) does not have at the time of taking office the
237	237	qualifications required by Section 506.101;
238	238	(2) does not maintain during service on the board the
239	239	qualifications required by Section 506.101;
240	240	(3) is ineligible for membership under Sections
241	241	506.102 or 506.103;
242	242	(4) cannot, because of illness or disability, complete
243	243	the member's duties for a substantial part of the member's term; or
244	244	(5) is absent from more than half of the regularly
245	245	scheduled board meetings that the member is eligible to attend
246	246	during a calendar year without an excuse approved by a majority vote
247	247	of the board.
248	248	(b) The validity of an action of the board is not affected by
249	249	the fact that the action is taken when a ground for removal of a
250	250	member exists.
251	251	(c) If the executive director of the board or a board member
252	252	has knowledge that a potential ground for removal exists, the
253	253	executive director or board member shall notify the presiding
254	254	officer of the board of the potential ground. The presiding officer
255	255	shall then notify the governor and the attorney general that a
256	256	potential ground for removal exists. If the potential ground for
257	257	removal involves the presiding officer, the executive director or
258	258	board member shall notify the next highest ranking officer of the
259	259	board, who shall then notify the governor and the attorney general
260	260	that a potential ground for removal exists.
261	261	Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A board
262	262	member may not receive compensation for the member's services. A
263	263	member is entitled to a per diem and travel allowance for each day
264	264	the member engages in board business at the rate set for state
265	265	employees in the General Appropriations Act.
266	266	(b) The per diem and travel allowance authorized by this
267	267	section may be paid only from fees collected under this chapter.
268	268	Sec. 506.108. MEETINGS. (a) The board shall meet at least
269	269	twice each year.
270	270	(b) The board may meet at other times at the call of the
271	271	presiding officer or a majority of the members.
272	272	Sec. 506.109. TRAINING PROGRAM FOR MEMBERS. (a) A person
273	273	who is appointed to and qualifies for office as a member of the
274	274	board may not vote, deliberate, or be counted as a member in
275	275	attendance at a meeting of the board until the person completes a
276	276	training program that complies with this section.
277	277	(b) The training program must provide the person with
278	278	information regarding:
279	279	(1) this chapter and the programs, functions, rules,
280	280	and budget of the board;
281	281	(2) the results of the most recent formal audit of the
282	282	board;
283	283	(3) the requirements of laws relating to open
284	284	meetings, public information, administrative procedure, and
285	285	conflicts of interest; and
286	286	(4) any applicable ethics policies adopted by the
287	287	board or the Texas Ethics Commission.
288	288	(c) A person appointed to the board is entitled to
289	289	reimbursement, as provided by the General Appropriations Act, for
290	290	the travel expenses incurred in attending the training program
291	291	regardless of whether the attendance at the program occurs before
292	292	or after the person qualifies for office.
293	293	Sec. 506.110. CIVIL LIABILITY. A member of the board is
294	294	not liable in a civil action for an act performed in good faith
295	295	while performing duties as a member.
296	296	SUBCHAPTER D. POWERS AND DUTIES OF THE BOARD
297	297	Sec. 506.151. GENERAL POWERS AND DUTIES. The board shall:
298	298	(1) administer and enforce this chapter;
299	299	(2) determine the qualifications and fitness of an
300	300	applicant for a license, license renewal, or temporary license;
301	301	(3) establish standards of conduct and adopt a code of
302	302	professional ethics for license holders;
303	303	(4) hire staff as necessary and as the budget allows;
304	304	and
305	305	(5) ensure strict compliance with and enforcement of
306	306	this chapter.
307	307	Sec. 506.152. RULES. The board shall adopt rules
308	308	consistent with this chapter to carry out the board's duties in
309	309	administering this chapter.
310	310	Sec. 506.153. FEES. (a) The board by rule shall set fees
311	311	in amounts reasonable and necessary to cover the costs of
312	312	administering this chapter.
313	313	(b) Funds to administer this chapter may be appropriated
314	314	only from fees collected under this chapter.
315	315	Sec. 506.154. RULES RESTRICTING ADVERTISING OR COMPETITIVE
316	316	BIDDING. (a) The board may not adopt rules restricting
317	317	advertising or competitive bidding by a license holder except to
318	318	prohibit false, misleading, or deceptive practices.
319	319	(b) The board may not include in rules to prohibit false,
320	320	misleading, or deceptive practices by a license holder a rule that:
321	321	(1) restricts the license holder's use of any
322	322	advertising medium;
323	323	(2) restricts the license holder's personal appearance
324	324	or use of the license holder's voice in an advertisement;
325	325	(3) relates to the size or duration of an
326	326	advertisement by the license holder; or
327	327	(4) restricts the license holder's advertisement under
328	328	a trade name.
329	329	Sec. 506.155. RULES ON CONSEQUENCES OF CRIMINAL
330	330	CONVICTION. (a) The board shall adopt rules necessary to comply
331	331	with Chapter 53.
332	332	(b) In the board's rules under this section, the board shall
333	333	list the specific offenses for which a conviction would constitute
334	334	grounds for the board to take action under Section 53.021.
335	335	Sec. 506.156. ANNUAL REGISTRY. (a) The board shall
336	336	annually prepare a registry of all license holders.
337	337	(b) The board shall make the registry available to the
338	338	public, license holders, and other state agencies.
339	339	Sec. 506.157. BOARD DUTIES REGARDING COMPLAINTS. (a) The
340	340	board by rule shall:
341	341	(1) adopt a standardized form for filing complaints
342	342	with the board; and
343	343	(2) prescribe information to be provided when a person
344	344	files a complaint with the board.
345	345	(b) The board shall provide reasonable assistance to a
346	346	person who wishes to file a complaint with the board.
347	347	Sec. 506.158. USE OF TECHNOLOGY. The board shall implement
348	348	a policy requiring the board to use appropriate technological
349	349	solutions to improve the board's ability to perform the board's
350	350	functions. The policy must ensure that the public is able to
351	351	interact with the board on the Internet.
352	352	Sec. 506.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
353	353	DISPUTE RESOLUTION POLICY. (a) The board shall develop and
354	354	implement a policy to encourage the use of:
355	355	(1) negotiated rulemaking procedures under Chapter
356	356	2008, Government Code, for the adoption of board rules; and
357	357	(2) appropriate alternative dispute resolution
358	358	procedures under Chapter 2009, Government Code, to assist in the
359	359	resolution of internal and external disputes under the board's
360	360	jurisdiction.
361	361	(b) The board's procedures relating to alternative dispute
362	362	resolution must conform, to the extent possible, to any model
363	363	guidelines issued by the State Office of Administrative Hearings
364	364	for the use of alternative dispute resolution by state agencies.
365	365	(c) The board shall designate a trained person to:
366	366	(1) coordinate the implementation of the policy
367	367	adopted under Subsection (a);
368	368	(2) serve as a resource for any training needed to
369	369	implement the procedures for negotiated rulemaking or alternative
370	370	dispute resolution; and
371	371	(3) collect data concerning the effectiveness of those
372	372	procedures, as implemented by the board.
373	373	SUBCHAPTER E. PUBLIC INTEREST INFORMATION
374	374	AND COMPLAINT PROCEDURES
375	375	Sec. 506.201. PUBLIC INTEREST INFORMATION. (a) The board
376	376	shall prepare information of public interest describing the
377	377	functions of the board.
378	378	(b) The board shall make the information available to the
379	379	public and appropriate state agencies.
380	380	Sec. 506.202. COMPLAINTS. (a) The board by rule shall
381	381	establish methods by which service recipients are notified of the
382	382	name, mailing address, and telephone number of the board for the
383	383	purpose of directing complaints to the board. The board may provide
384	384	for that notice:
385	385	(1) on each registration form, application, or written
386	386	contract for services of a person regulated under this chapter;
387	387	(2) on a sign prominently displayed in the place of
388	388	business of each person regulated under this chapter; or
389	389	(3) in a bill for services provided by a person
390	390	regulated under this chapter.
391	391	(b) The board shall list with its regular telephone number
392	392	any toll-free telephone number established under other state law
393	393	that may be called to present a complaint about a health
394	394	professional.
395	395	Sec. 506.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
396	396	The board shall maintain a system to promptly and efficiently act on
397	397	complaints filed with the board. The board shall maintain
398	398	information about parties to a complaint, the subject matter of the
399	399	complaint, a summary of the results of the review or investigation
400	400	of the complaint, and the disposition of the complaint.
401	401	(b) The board shall make information available describing
402	402	its procedures for complaint investigation and resolution.
403	403	(c) The board shall periodically notify the complaint
404	404	parties of the status of the complaint until final disposition.
405	405	(d) The board shall analyze complaints filed with the board
406	406	to identify any trends or issues related to certain violations,
407	407	including:
408	408	(1) the reason for each complaint;
409	409	(2) how each complaint was resolved; and
410	410	(3) the subject matter of each complaint that was not
411	411	within the jurisdiction of the board and how the board responded to
412	412	the complaint.
413	413	Sec. 506.204. GENERAL RULES REGARDING COMPLAINT
414	414	INVESTIGATION AND DISPOSITION. The board shall adopt rules
415	415	concerning the investigation of a complaint filed with the board.
416	416	The rules must:
417	417	(1) distinguish between categories of complaints;
418	418	(2) ensure that a complaint is not dismissed without
419	419	appropriate consideration;
420	420	(3) require that the board be advised of a complaint
421	421	that is dismissed and that a letter or electronic communication be
422	422	sent to the person who filed the complaint explaining the action
423	423	taken on the dismissed complaint;
424	424	(4) ensure that the person who filed the complaint has
425	425	an opportunity to explain the allegations made in the complaint;
426	426	and
427	427	(5) prescribe guidelines concerning the categories of
428	428	complaints that require the use of a private investigator and the
429	429	procedures for the board to obtain the services of a private
430	430	investigator.
431	431	Sec. 506.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
432	432	(a) Except as provided by Subsection (b), a complaint and
433	433	investigation concerning a license holder and all information and
434	434	materials compiled by the board in connection with the complaint
435	435	and investigation are not subject to:
436	436	(1) disclosure under Chapter 552, Government Code; or
437	437	(2) disclosure, discovery, subpoena, or other means of
438	438	legal compulsion for release of information to any person.
439	439	(b) A complaint or investigation subject to Subsection (a)
440	440	and all information and materials compiled by the board in
441	441	connection with the complaint, in accordance with Chapter 611,
442	442	Health and Safety Code, may be disclosed to:
443	443	(1) the board and board employees or agents involved
444	444	in license holder discipline;
445	445	(2) a party to a disciplinary action against the
446	446	license holder or that party's designated representative;
447	447	(3) a law enforcement agency if required by law;
448	448	(4) a governmental agency if:
449	449	(A) the disclosure is required or permitted by
450	450	law; and
451	451	(B) the agency obtaining the disclosure protects
452	452	the identity of any patient whose records are examined; or
453	453	(5) the legislature.
454	454	(c) Unless good cause for delay is shown to the presiding
455	455	officer at the hearing, the board shall provide the license holder
456	456	with access to all information that the board intends to offer into
457	457	evidence at the hearing not later than the 30th day after the date
458	458	the board receives a written request from a license holder who is
459	459	entitled to a hearing under this chapter or from the license
460	460	holder's attorney of record.
461	461	(d) The board shall protect the identity of any patient
462	462	whose records are examined in connection with a disciplinary
463	463	investigation or proceeding against a license holder, except:
464	464	(1) a patient who initiates the disciplinary action;
465	465	or
466	466	(2) a patient who has submitted a written consent to
467	467	release the records.
468	468	Sec. 506.206. PUBLIC PARTICIPATION. (a) The board shall
469	469	develop and implement policies that provide the public with a
470	470	reasonable opportunity to appear before the board and to speak on
471	471	any issue under the board's jurisdiction.
472	472	(b) The board shall prepare and maintain a written plan that
473	473	describes how a person who does not speak English may be provided
474	474	reasonable access to the board's programs.
475	475	Sec. 506.207. SUBPOENAS. (a) In an investigation of a
476	476	complaint filed with the board, the presiding officer of the board
477	477	may issue a subpoena to compel the attendance of a relevant witness
478	478	or the production, for inspection or copying, of relevant evidence
479	479	that is in this state.
480	480	(b) A subpoena may be served personally or by certified
481	481	mail.
482	482	(c) If a person fails to comply with a subpoena, the board,
483	483	acting through the attorney general, may file suit to enforce the
484	484	subpoena in a district court in Travis County or in the county in
485	485	which a hearing conducted by the board may be held.
486	486	(d) On finding that good cause exists for issuing the
487	487	subpoena, the court shall order the person to comply with the
488	488	subpoena. The court may punish a person who fails to obey the court
489	489	order.
490	490	(e) The board shall pay for photocopies subpoenaed under
491	491	this section a reasonable fee in an amount not to exceed the amount
492	492	the board may charge for copies of its records.
493	493	(f) The reimbursement of the expenses of a witness whose
494	494	attendance is compelled under this section is governed by Section
495	495	2001.103, Government Code.
496	496	(g) Information and materials subpoenaed or compiled by the
497	497	board in connection with the investigation of a complaint may be
498	498	disclosed only as provided by Section 506.205.
499	499	SUBCHAPTER F. LICENSE REQUIREMENTS
500	500	Sec. 506.251. LICENSE REQUIRED. (a) Except as provided by
501	501	Subchapter B, a person may not engage in the practice of applied
502	502	behavior analysis unless the person holds a license under this
503	503	chapter.
504	504	(b) A person may not use the title "licensed behavior
505	505	analyst" or "licensed assistant behavior analyst," as appropriate,
506	506	unless the person is licensed under this chapter.
507	507	(c) Except as provided by Subchapter B, a person may not use
508	508	the title "behavior analyst" unless the person is licensed under
509	509	this chapter.
510	510	Sec. 506.252. LICENSE APPLICATION. Each applicant for a
511	511	license under this chapter must submit an application and the
512	512	required fees to the board. The application must include
513	513	sufficient evidence, as defined by board rules, that the applicant:
514	514	(1) is of good moral character; and
515	515	(2) has successfully completed a state-approved
516	516	criminal background check.
517	517	Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR
518	518	ANALYST. An applicant for a license as a licensed behavior analyst
519	519	must present evidence to the board that the applicant:
520	520	(1) is currently certified by the certifying entity as
521	521	a Board Certified Behavior Analyst or a Board Certified Behavior
522	522	Analyst--Doctoral or an equivalent certification issued by the
523	523	certifying entity;
524	524	(2) has met the educational requirements of the Board
525	525	Certified Behavior Analyst standard or the Board Certified Behavior
526	526	Analyst--Doctoral standard or an equivalent standard adopted by the
527	527	certifying entity;
528	528	(3) has passed the Board Certified Behavior Analyst
529	529	examination, or an equivalent examination offered by the certifying
530	530	entity, in applied behavior analysis;
531	531	(4) is in compliance with all professional, ethical,
532	532	and disciplinary standards established by the certifying entity;
533	533	and
534	534	(5) is not subject to any disciplinary action by the
535	535	certifying entity.
536	536	Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
537	537	ANALYST. An applicant for a license as a licensed assistant
538	538	behavior analyst must present evidence to the board that the
539	539	applicant:
540	540	(1) is currently certified by the certifying entity as
541	541	a Board Certified Assistant Behavior Analyst or an equivalent
542	542	certification issued by the certifying entity;
543	543	(2) has met the educational requirements of the Board
544	544	Certified Assistant Behavior Analyst standard or an equivalent
545	545	standard adopted by the certifying entity;
546	546	(3) has passed the Board Certified Assistant Behavior
547	547	Analyst examination, or an equivalent examination offered by the
548	548	certifying entity, in applied behavior analysis;
549	549	(4) is in compliance with all professional, ethical,
550	550	and disciplinary standards established by the certifying entity;
551	551	(5) is not subject to any disciplinary action by the
552	552	certifying entity; and
553	553	(6) is currently supervised by a licensed behavior
554	554	analyst in accordance with the requirements of the certifying
555	555	entity.
556	556	Sec. 506.255. ISSUANCE OF LICENSE. The board shall issue a
557	557	license as a licensed behavior analyst or a licensed assistant
558	558	behavior analyst, as appropriate, to an applicant who:
559	559	(1) complies with the requirements of this chapter;
560	560	(2) meets any additional requirements the board
561	561	establishes by rule; and
562	562	(3) pays the required fees.
563	563	Sec. 506.256. TEMPORARY LICENSE. (a) The board by rule
564	564	may provide for the issuance of a temporary license.
565	565	(b) Rules adopted under this section must include a time
566	566	limit for a temporary license.
567	567	Sec. 506.257. RECIPROCITY. (a) The board shall issue a
568	568	license to a person who is currently licensed as a behavior analyst
569	569	or as an assistant behavior analyst from another state or
570	570	jurisdiction that imposes licensure requirements similar to those
571	571	specified in this chapter.
572	572	(b) An applicant for a reciprocal license shall:
573	573	(1) submit evidence to the board that the applicant:
574	574	(A) is in good standing as determined by the
575	575	board;
576	576	(B) holds a valid license from another state or
577	577	jurisdiction; and
578	578	(C) is in compliance with other requirements
579	579	established by Sections 506.252, 506.253, 506.254, or 506.255, as
580	580	appropriate; and
581	581	(2) pay the required fees.
582	582	Sec. 506.258. INACTIVE STATUS. The board by rule may
583	583	provide for a person licensed under this chapter to be placed on
584	584	inactive status.
585	585	Sec. 506.259. RETIREMENT STATUS. The board by rule may
586	586	adopt a system for placing a person licensed under this chapter on
587	587	retirement status.
588	588	SUBCHAPTER G. LICENSE RENEWAL
589	589	Sec. 506.301. LICENSE EXPIRATION. (a) A license issued
590	590	under this chapter expires on the second anniversary of the date of
591	591	issuance.
592	592	(b) The board by rule may adopt a system under which
593	593	licenses expire on various dates during the year. For a year in
594	594	which the expiration date is changed, the board shall prorate the
595	595	licensing fee so that each license holder pays only the portion of
596	596	the fee that is allocable to the number of months during which the
597	597	license is valid. On renewal of the license on the new expiration
598	598	date, the entire licensing fee is payable.
599	599	Sec. 506.302. LICENSE RENEWAL. Before the expiration of a
600	600	license, a license may be renewed by:
601	601	(1) submitting an application for renewal;
602	602	(2) paying the renewal fee imposed by the board; and
603	603	(3) providing verification to the board of continued
604	604	certification by the certifying entity, which signifies that the
605	605	applicant for renewal has met any continuing education requirements
606	606	established by the certifying entity.
607	607	SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
608	608	Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
609	609	ACTION. After a hearing, the board may deny a license to an
610	610	applicant, suspend or revoke a person's license, or place on
611	611	probation a license holder if the applicant or license holder:
612	612	(1) violates this chapter or a board order or rule;
613	613	(2) obtains a license by means of fraud,
614	614	misrepresentation, or concealment of a material fact;
615	615	(3) sells, barters, or offers to sell or barter a
616	616	license; or
617	617	(4) engages in unprofessional conduct that:
618	618	(A) endangers or is likely to endanger the
619	619	health, welfare, or safety of the public as defined by board rule;
620	620	or
621	621	(B) violates the code of ethics adopted and
622	622	published by the board.
623	623	Sec. 506.352. PROBATION. If a license suspension is
624	624	probated, the board may require the license holder to:
625	625	(1) report regularly to the board on matters that are
626	626	the basis of the probation;
627	627	(2) limit the license holder's practice to the areas
628	628	prescribed by the board; or
629	629	(3) continue or review continuing professional
630	630	education until the license holder attains a degree of skill
631	631	satisfactory to the board in those areas that are the basis of the
632	632	probation.
633	633	Sec. 506.353. INFORMAL PROCEEDINGS. (a) The board by rule
634	634	shall adopt procedures governing:
635	635	(1) informal disposition of a contested case under
636	636	Section 2001.056, Government Code; and
637	637	(2) an informal proceeding held in compliance with
638	638	Section 2001.054, Government Code.
639	639	(b) Rules adopted under this section must:
640	640	(1) provide the complainant and the license holder
641	641	with an opportunity to be heard; and
642	642	(2) require the presence of a member of the board's
643	643	legal staff, if the board has a legal staff, or, if the board does
644	644	not have a legal staff, an attorney employed by the attorney general
645	645	to advise the board or the board's employees.
646	646	Sec. 506.354. HEARING. A license holder is entitled to a
647	647	hearing before the State Office of Administrative Hearings before a
648	648	sanction is imposed under this subchapter.
649	649	Sec. 506.355. SCHEDULE OF SANCTIONS. (a) The board by
650	650	rule shall adopt a broad schedule of sanctions for violations under
651	651	this chapter.
652	652	(b) The State Office of Administrative Hearings shall use
653	653	the schedule for any sanction imposed under this chapter as the
654	654	result of a hearing conducted by that office.
655	655	Sec. 506.356. EMERGENCY SUSPENSION. (a) The board, or a
656	656	three-member committee of board members designated by the board,
657	657	shall temporarily suspend the license of a license holder if the
658	658	board or committee determines from the evidence or information
659	659	presented to the board or committee that continued practice by the
660	660	license holder would constitute a continuing and imminent threat to
661	661	the public welfare.
662	662	(b) A license may be suspended under this section without
663	663	notice or hearing on the complaint if:
664	664	(1) action is taken to initiate proceedings for a
665	665	hearing before the State Office of Administrative Hearings
666	666	simultaneously with the temporary suspension; and
667	667	(2) a hearing is held as soon as practicable under this
668	668	chapter and Chapter 2001, Government Code.
669	669	(c) The State Office of Administrative Hearings shall hold a
670	670	preliminary hearing not later than the 14th day after the date of
671	671	the temporary suspension to determine if there is probable cause to
672	672	believe that a continuing and imminent threat to the public welfare
673	673	still exists. A final hearing on the matter shall be held not later
674	674	than the 61st day after the date of the temporary suspension.
675	675	SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROCEDURES
676	676	Sec. 506.401. INJUNCTIVE RELIEF. The board or the attorney
677	677	general may institute a proceeding to enforce this chapter,
678	678	including a suit to enjoin a person from practicing applied
679	679	behavior analysis without complying with this chapter.
680	680	Sec. 506.402. MONITORING OF LICENSE HOLDER. The board by
681	681	rule shall develop a system for monitoring a license holder's
682	682	compliance with this chapter. The rules must include procedures
683	683	for:
684	684	(1) monitoring for compliance a license holder who is
685	685	ordered by the board to perform a certain act; and
686	686	(2) identifying and monitoring each license holder who
687	687	represents a risk to the public.
688	688	Sec. 506.403. ADMINISTRATIVE PENALTY. (a) The board may
689	689	impose an administrative penalty against a person licensed under
690	690	this chapter who violates this chapter or a rule or order adopted
691	691	under this chapter.
692	692	(b) An administrative penalty may not exceed $200. Each day
693	693	a violation continues or occurs is a separate violation for the
694	694	purpose of imposing a penalty. The amount of the penalty shall be
695	695	based on:
696	696	(1) the seriousness of the violation, including the
697	697	nature, circumstances, extent, and gravity of any prohibited acts,
698	698	and the hazard or potential hazard created to the health, safety, or
699	699	economic welfare of the public;
700	700	(2) the history of previous violations;
701	701	(3) the amount necessary to deter a future violation;
702	702	(4) efforts to correct the violation; and
703	703	(5) any other matter that justice requires.
704	704	(c) The person may stay enforcement during the time the
705	705	order is under judicial review if the person pays the penalty to the
706	706	court clerk or files a supersedeas bond with the court in the amount
707	707	of the penalty. A person who cannot afford to pay the penalty or
708	708	file the bond may stay enforcement by filing an affidavit like that
709	709	required by the Texas Rules of Civil Procedure for a party who
710	710	cannot afford to file security for costs, except that the board may
711	711	contest the affidavit as provided by those rules.
712	712	(d) A proceeding to impose an administrative penalty is
713	713	subject to Chapter 2001, Government Code.
714	714	Sec. 506.404. CIVIL PENALTY. (a) A person found by a court
715	715	to have violated this chapter is liable to this state for a civil
716	716	penalty of $200 for each day the violation continues.
717	717	(b) A civil penalty may be recovered in a suit brought by the
718	718	attorney general, a district attorney, or a county attorney.
719	719	Sec. 506.405. CRIMINAL OFFENSE. (a) A person commits an
720	720	offense if the person knowingly violates this chapter.
721	721	(b) An offense under this section is a Class A misdemeanor.
722	722	(c) Each day of violation constitutes a separate offense.
723	723	SECTION 2. As soon as practicable after the effective date
724	724	of this Act, the governor shall appoint nine members to the Texas
725	725	Board of Behavior Analyst Examiners in accordance with Chapter 506,
726	726	Occupations Code, as added by this Act. In making the initial
727	727	appointments, the governor shall designate three members for terms
728	728	expiring February 1, 2017, three members for terms expiring
729	729	February 1, 2019, and three members for terms expiring February 1,
730	730	2021.
731	731	SECTION 3. Not later than January 1, 2016, the Texas Board
732	732	of Behavior Analyst Examiners shall adopt the rules, procedures,
733	733	and fees necessary to administer Chapter 506, Occupations Code, as
734	734	added by this Act.
735	735	SECTION 4. Notwithstanding Chapter 506, Occupations Code,
736	736	as added by this Act, a behavior analyst or assistant behavior
737	737	analyst is not required to hold a license under that chapter to
738	738	practice as a licensed behavior analyst or licensed assistant
739	739	behavior analyst in this state before June 1, 2016.
740	740	SECTION 5. (a) Except as provided by Subsection (b) of this
741	741	section, this Act takes effect September 1, 2015.
742	742	(b) Section 506.251, Occupations Code, and Subchapter H,
743	743	Chapter 506, Occupations Code, as added by this Act, take effect
744	744	June 1, 2016.