Texas 2017 - 85th Regular

Texas House Bill HB26 Compare Versions

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1	1	85R6859 EES-F
2	2	By: Simmons H.B. No. 26
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; providing a
11	11	civil penalty; creating a 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) "Behavior analyst board" means the Texas Board of
21	21	Behavior Analyst 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 behavior analyst board.
28	28	(3) "Executive director" means the executive director
29	29	of the medical board.
30	30	(4) "License holder" means a person licensed under
31	31	this chapter.
32	32	(5) "Licensed assistant behavior analyst" means a
33	33	person who is certified by the certifying entity as a Board
34	34	Certified Assistant Behavior Analyst or who has an equivalent
35	35	certification issued by the certifying entity and who meets the
36	36	requirements specified by Sections 506.252 and 506.254.
37	37	(6) "Licensed behavior analyst" means a person who is
38	38	certified by the certifying entity as a Board Certified Behavior
39	39	Analyst or Board Certified Behavior Analyst--Doctoral or who has an
40	40	equivalent certification issued by the certifying entity and who
41	41	meets the requirements specified by Sections 506.252 and 506.253.
42	42	(7) "Medical board" means the Texas Medical Board.
43	43	(8) "Physician" means a person licensed to practice
44	44	medicine by the medical board.
45	45	Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS. (a)
46	46	The practice of applied behavior analysis is the design,
47	47	implementation, and evaluation of instructional and environmental
48	48	modifications to produce socially significant improvements in
49	49	human behavior.
50	50	(b) The practice of applied behavior analysis includes the
51	51	empirical identification of functional relations between behavior
52	52	and environmental factors, known as functional assessment or
53	53	functional analysis.
54	54	(c) Applied behavior analysis interventions:
55	55	(1) are based on scientific research and the direct
56	56	observation and measurement of behavior and environment; and
57	57	(2) use contextual factors, motivating operations,
58	58	antecedent stimuli, positive reinforcement, and other procedures
59	59	to help individuals develop new behaviors, increase or decrease
60	60	existing behaviors, and elicit or evoke behaviors under specific
61	61	environmental conditions.
62	62	(d) The practice of applied behavior analysis does not
63	63	include:
64	64	(1) psychological testing, psychotherapy, cognitive
65	65	therapy, psychoanalysis, hypnotherapy, or counseling as treatment
66	66	modalities; or
67	67	(2) the diagnosis of disorders.
68	68	SUBCHAPTER B. APPLICATION OF CHAPTER; USE OF TITLE
69	69	Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does
70	70	not apply to a person licensed to practice psychology in this state
71	71	if the applied behavior analysis services provided are within the
72	72	scope of the licensed psychologist's education, training, and
73	73	competence.
74	74	Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter
75	75	does not apply to a person licensed to practice another profession
76	76	in this state if the applied behavior analysis services provided
77	77	are within:
78	78	(1) the scope of practice of the person's license under
79	79	state law; and
80	80	(2) the scope of the person's education, training, and
81	81	competence.
82	82	Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter
83	83	does not apply to a family member or guardian of a recipient of
84	84	applied behavior analysis services who is implementing a behavior
85	85	analysis treatment plan for the recipient under the extended
86	86	authority and direction of a licensed behavior analyst or licensed
87	87	assistant behavior analyst.
88	88	Sec. 506.054. PARAPROFESSIONALS. This chapter does not
89	89	apply to a paraprofessional technician who delivers applied
90	90	behavior analysis services if:
91	91	(1) the applied behavior analysis services are
92	92	provided under the extended authority and direction of a licensed
93	93	behavior analyst or licensed assistant behavior analyst; and
94	94	(2) the person is designated as an "applied behavior
95	95	analysis technician," "behavior technician," "tutor," or
96	96	"front-line therapist."
97	97	Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter
98	98	does not apply to an applied behavior analysis activity or service
99	99	of a college or university student, intern, or fellow if:
100	100	(1) the activity or service is part of a defined
101	101	behavior analysis program of study, course, practicum, internship,
102	102	or postdoctoral fellowship;
103	103	(2) the activity or service is directly supervised by
104	104	a licensed behavior analyst or an instructor in a course sequence
105	105	approved by the certifying entity; and
106	106	(3) the person is designated as a "student," "intern,"
107	107	"fellow," or "trainee."
108	108	Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does
109	109	not apply to an unlicensed person pursuing supervised experience in
110	110	applied behavior analysis if the supervised experience is
111	111	consistent with the requirements of the certifying entity and
112	112	behavior analyst board rules.
113	113	Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM
114	114	ANOTHER STATE. (a) This chapter does not apply to a behavior
115	115	analyst licensed in another jurisdiction or certified by the
116	116	certifying entity if the activities and services conducted in this
117	117	state:
118	118	(1) are within the behavior analyst's customary area
119	119	of practice;
120	120	(2) are conducted not more than 20 days in a calendar
121	121	year; and
122	122	(3) are not otherwise in violation of this chapter.
123	123	(b) A behavior analyst described by Subsection (a) shall
124	124	inform the recipient of applied behavior analysis services, or a
125	125	parent or guardian of the recipient if the recipient is under 18
126	126	years of age, that:
127	127	(1) the behavior analyst is not licensed in this
128	128	state; and
129	129	(2) the activities and services provided by the
130	130	behavior analyst are time-limited.
131	131	Sec. 506.058. TEACHER OR EMPLOYEE OF PRIVATE OR PUBLIC
132	132	SCHOOL. (a) This chapter does not apply to a teacher or employee of
133	133	a private or public school who provides applied behavior analysis
134	134	services if the teacher or employee is performing duties within the
135	135	scope of the teacher's or employee's employment.
136	136	(b) A person described by Subsection (a) may not:
137	137	(1) represent that the person is a behavior analyst,
138	138	unless the applied behavior analysis services provided are within
139	139	the person's education, training, and competence;
140	140	(2) offer applied behavior analysis services to any
141	141	person, other than within the scope of the person's employment
142	142	duties for the school; or
143	143	(3) receive compensation for providing applied
144	144	behavior analysis services, other than the compensation that the
145	145	person receives from the person's school employer.
146	146	Sec. 506.059. USE OF TITLE "BEHAVIOR ANALYST." (a) This
147	147	chapter does not apply to a person described by Subsection (b).
148	148	(b) A person may use the title "behavior analyst" if the
149	149	person:
150	150	(1) is a behavior analyst who practices with
151	151	nonhumans, including an applied animal behaviorist or an animal
152	152	trainer;
153	153	(2) teaches behavior analysis or conducts behavior
154	154	analytic research provided the teaching or research activities do
155	155	not involve the delivery or supervision of applied behavior
156	156	analysis services; or
157	157	(3) is a professional who provides to organizations
158	158	general applied behavior analysis services that:
159	159	(A) are for the benefit of the organization; and
160	160	(B) do not involve direct services to
161	161	individuals.
162	162	SUBCHAPTER C. TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS
163	163	Sec. 506.101. BOARD MEMBERSHIP. (a) The behavior analyst
164	164	board is composed of nine members appointed by the governor with the
165	165	advice and consent of the senate as follows:
166	166	(1) four licensed behavior analysts, at least one of
167	167	whom must be certified as a Board Certified Behavior
168	168	Analyst--Doctoral, or hold an equivalent certification issued by
169	169	the certifying entity;
170	170	(2) one licensed assistant behavior analyst;
171	171	(3) one physician who has experience providing mental
172	172	health or behavioral health services; and
173	173	(4) three members who represent the public and who are
174	174	either former recipients of applied behavior analysis services or
175	175	the parent or guardian of a current or former recipient of applied
176	176	behavior analysis services.
177	177	(b) To be qualified for appointment under Subsection
178	178	(a)(1), a person must have at least five years of experience as a
179	179	licensed behavior analyst after being certified by the certifying
180	180	entity.
181	181	(c) Appointments to the behavior analyst board shall be made
182	182	without regard to the race, color, disability, sex, religion, age,
183	183	or national origin of the appointee.
184	184	Sec. 506.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
185	185	not eligible for appointment as a public member of the behavior
186	186	analyst board if:
187	187	(1) the person is registered, certified, or licensed
188	188	by an occupational regulatory agency in the field of mental health;
189	189	(2) the person's spouse is registered, certified, or
190	190	licensed by an occupational regulatory agency in the field of
191	191	mental health; or
192	192	(3) the person or the person's spouse:
193	193	(A) is employed by or participates in the
194	194	management of a business entity or other organization receiving
195	195	funds from the medical board or the behavior analyst board;
196	196	(B) owns or controls, directly or indirectly,
197	197	more than a 10 percent interest in a business entity or other
198	198	organization receiving funds from the medical board or the behavior
199	199	analyst board; or
200	200	(C) uses or receives a substantial amount of
201	201	funds from the medical board or the behavior analyst board, other
202	202	than compensation or reimbursement authorized by law for medical
203	203	board or behavior analyst board membership, attendance, or
204	204	expenses.
205	205	Sec. 506.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
206	206	In this section, "Texas trade association" means a cooperative and
207	207	voluntarily joined statewide association of business or
208	208	professional competitors in this state designed to assist its
209	209	members and its industry or profession in dealing with mutual
210	210	business or professional problems and in promoting their common
211	211	interest.
212	212	(b) A person may not be a member of the behavior analyst
213	213	board and may not be an employee of the medical board or the
214	214	behavior analyst board employed in a "bona fide executive,
215	215	administrative, or professional capacity," as that phrase is used
216	216	for purposes of establishing an exemption to the overtime
217	217	provisions of the federal Fair Labor Standards Act of 1938 (29
218	218	U.S.C. Section 201 et seq.) if:
219	219	(1) the person is an officer, employee, manager, or
220	220	paid consultant of a Texas trade association in the field of mental
221	221	health; or
222	222	(2) the person's spouse is an officer, employee,
223	223	manager, or paid consultant of a Texas trade association in the
224	224	field of mental health.
225	225	(c) A person may not be a member of the behavior analyst
226	226	board or act as general counsel to the medical board or the behavior
227	227	analyst board if the person is required to register as a lobbyist
228	228	under Chapter 305, Government Code, because of the person's
229	229	activities for compensation on behalf of a profession related to
230	230	the operation of the behavior analyst board.
231	231	Sec. 506.104. TERMS; VACANCY. (a) Members of the behavior
232	232	analyst board serve staggered six-year terms, with the terms of
233	233	three members expiring February 1 of each odd-numbered year.
234	234	(b) A member may not serve more than two consecutive
235	235	six-year terms.
236	236	(c) If a vacancy occurs during a member's term, the governor
237	237	shall appoint a member to fill the unexpired term.
238	238	(d) A member shall serve until a successor is appointed and
239	239	assumes office.
240	240	Sec. 506.105. OFFICERS. At the meeting of the behavior
241	241	analyst board held on the date closest to August 31 of each year,
242	242	the behavior analyst board shall elect from its members a presiding
243	243	officer, a secretary, and any other officers required to conduct
244	244	the business of the behavior analyst board.
245	245	Sec. 506.106. GROUNDS FOR REMOVAL. (a) It is a ground for
246	246	removal from the behavior analyst board that a member:
247	247	(1) does not have at the time of taking office the
248	248	qualifications required by Section 506.101;
249	249	(2) does not maintain during service on the behavior
250	250	analyst board the qualifications required by Section 506.101;
251	251	(3) is ineligible for membership under Sections
252	252	506.102 or 506.103;
253	253	(4) cannot, because of illness or disability, complete
254	254	the member's duties for a substantial part of the member's term; or
255	255	(5) is absent from more than half of the regularly
256	256	scheduled behavior analyst board meetings that the member is
257	257	eligible to attend during a calendar year without an excuse
258	258	approved by a majority vote of the behavior analyst board.
259	259	(b) The validity of an action of the behavior analyst board
260	260	is not affected by the fact that the action is taken when a ground
261	261	for removal of a member exists.
262	262	(c) If the executive director has knowledge that a potential
263	263	ground for removal exists, the executive director shall notify the
264	264	presiding officer of the behavior analyst board of the potential
265	265	ground. The presiding officer shall then notify the governor and
266	266	the attorney general that a potential ground for removal exists. If
267	267	the potential ground for removal involves the presiding officer,
268	268	the executive director shall notify the next highest ranking
269	269	officer of the behavior analyst board, who shall then notify the
270	270	governor and the attorney general that a potential ground for
271	271	removal exists.
272	272	Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A
273	273	behavior analyst board member may not receive compensation for the
274	274	member's services. A member is entitled to a per diem and travel
275	275	allowance for each day the member engages in behavior analyst board
276	276	business at the rate set for state employees in the General
277	277	Appropriations Act.
278	278	(b) The per diem and travel allowance authorized by this
279	279	section may be paid only from fees collected under this chapter.
280	280	Sec. 506.108. MEETINGS. (a) The behavior analyst board
281	281	shall meet at least twice each year.
282	282	(b) The behavior analyst board may meet at other times at
283	283	the call of the presiding officer or a majority of the members.
284	284	Sec. 506.109. TRAINING PROGRAM FOR MEMBERS. (a) A person
285	285	who is appointed to and qualifies for office as a member of the
286	286	behavior analyst board may not vote, deliberate, or be counted as a
287	287	member in attendance at a meeting of the behavior analyst board
288	288	until the person completes a training program that complies with
289	289	this section.
290	290	(b) The training program must provide the person with
291	291	information regarding:
292	292	(1) this chapter;
293	293	(2) the programs, functions, rules, and budget of the
294	294	behavior analyst board;
295	295	(3) the scope of and limitations on the rulemaking
296	296	authority of the behavior analyst board;
297	297	(4) the results of the most recent formal audit of the
298	298	behavior analyst board;
299	299	(5) the requirements of:
300	300	(A) laws relating to open meetings, public
301	301	information, administrative procedure, and disclosing conflicts of
302	302	interest; and
303	303	(B) other laws applicable to members of a state
304	304	policymaking body in performing their duties; and
305	305	(6) any applicable ethics policies adopted by the
306	306	behavior analyst board or the Texas Ethics Commission.
307	307	(c) A person appointed to the behavior analyst board is
308	308	entitled to reimbursement, as provided by the General
309	309	Appropriations Act, for the travel expenses incurred in attending
310	310	the training program regardless of whether the attendance at the
311	311	program occurs before or after the person qualifies for office.
312	312	(d) The executive director shall create a training manual
313	313	that includes the information required by Subsection (b). The
314	314	executive director shall distribute a copy of the training manual
315	315	annually to each behavior analyst board member. On receipt of the
316	316	training manual, each behavior analyst board member shall sign and
317	317	submit to the executive director a statement acknowledging receipt
318	318	of the training manual.
319	319	Sec. 506.110. CIVIL LIABILITY. A member of the behavior
320	320	analyst board is not liable in a civil action for an act performed
321	321	in good faith while performing duties as a member.
322	322	SUBCHAPTER D. POWERS AND DUTIES OF BEHAVIOR ANALYST BOARD AND
323	323	MEDICAL BOARD
324	324	Sec. 506.151. GENERAL POWERS AND DUTIES OF BEHAVIOR ANALYST
325	325	BOARD. (a) Subject to the advice and approval of the medical
326	326	board, the behavior analyst board shall:
327	327	(1) adopt rules consistent with this chapter to carry
328	328	out the behavior analyst board's duties in administering this
329	329	chapter; and
330	330	(2) establish standards of conduct and adopt a code of
331	331	professional ethics for license holders.
332	332	(b) The behavior analyst board shall:
333	333	(1) administer and enforce this chapter;
334	334	(2) determine the qualifications and fitness of each
335	335	applicant for a license, license renewal, or temporary license and
336	336	review and approve or reject each application for the issuance or
337	337	renewal of a license;
338	338	(3) issue each license;
339	339	(4) deny, suspend, or revoke a license or otherwise
340	340	discipline a license holder; and
341	341	(5) ensure strict compliance with and enforcement of
342	342	this chapter.
343	343	Sec. 506.152. ASSISTANCE BY MEDICAL BOARD. (a) The medical
344	344	board shall provide administrative and clerical employees as
345	345	necessary to enable the behavior analyst board to administer this
346	346	chapter.
347	347	(b) Subject to the advice and approval of the medical board,
348	348	the behavior analyst board shall develop and implement policies
349	349	that clearly separate the policy-making responsibilities of the
350	350	behavior analyst board and the management responsibilities of the
351	351	executive director and the staff of the medical board.
352	352	Sec. 506.153. FEES. (a) The behavior analyst board, with
353	353	the advice and approval of the medical board, by rule shall set fees
354	354	in amounts reasonable and necessary to cover the costs of
355	355	administering this chapter.
356	356	(b) Funds to administer this chapter may be appropriated
357	357	only from fees collected under this chapter.
358	358	Sec. 506.154. RULES RESTRICTING ADVERTISING OR COMPETITIVE
359	359	BIDDING. (a) The medical board or behavior analyst board may not
360	360	adopt rules restricting advertising or competitive bidding by a
361	361	license holder except to prohibit false, misleading, or deceptive
362	362	practices.
363	363	(b) The medical board or behavior analyst board may not
364	364	include in rules to prohibit false, misleading, or deceptive
365	365	practices by a license holder a rule that:
366	366	(1) restricts the license holder's use of any
367	367	advertising medium;
368	368	(2) restricts the license holder's personal appearance
369	369	or use of the license holder's voice in an advertisement;
370	370	(3) relates to the size or duration of an
371	371	advertisement by the license holder; or
372	372	(4) restricts the license holder's advertisement under
373	373	a trade name.
374	374	Sec. 506.155. RULES ON CONSEQUENCES OF CRIMINAL
375	375	CONVICTION. (a) The behavior analyst board shall adopt rules
376	376	necessary to comply with Chapter 53.
377	377	(b) In the behavior analyst board's rules under this
378	378	section, the behavior analyst board shall list the specific
379	379	offenses for which a conviction would constitute grounds for the
380	380	behavior analyst board to take action under Section 53.021.
381	381	Sec. 506.156. ANNUAL REGISTRY. (a) The behavior analyst
382	382	board shall annually prepare a registry of all license holders.
383	383	(b) The behavior analyst board shall make the registry
384	384	available to the public, license holders, and other state agencies.
385	385	Sec. 506.157. BEHAVIOR ANALYST BOARD DUTIES REGARDING
386	386	COMPLAINTS. (a) The behavior analyst board by rule shall:
387	387	(1) adopt a standardized form for filing complaints
388	388	with the behavior analyst board; and
389	389	(2) prescribe information to be provided when a person
390	390	files a complaint with the behavior analyst board.
391	391	(b) The behavior analyst board shall provide reasonable
392	392	assistance to a person who wishes to file a complaint with the
393	393	behavior analyst board.
394	394	Sec. 506.158. USE OF TECHNOLOGY. Subject to the advice and
395	395	approval of the medical board, the behavior analyst board shall
396	396	implement a policy requiring the behavior analyst board to use
397	397	appropriate technological solutions to improve the behavior
398	398	analyst board's ability to perform the behavior analyst board's
399	399	functions. The policy must ensure that the public is able to
400	400	interact with the behavior analyst board on the Internet.
401	401	Sec. 506.159. NEGOTIATED RULEMAKING AND ALTERNATIVE
402	402	DISPUTE RESOLUTION POLICY. (a) Subject to the advice and approval
403	403	of the medical board, the behavior analyst board shall develop and
404	404	implement a policy to encourage the use of:
405	405	(1) negotiated rulemaking procedures under Chapter
406	406	2008, Government Code, for the adoption of behavior analyst board
407	407	rules; and
408	408	(2) appropriate alternative dispute resolution
409	409	procedures under Chapter 2009, Government Code, to assist in the
410	410	resolution of internal and external disputes under the behavior
411	411	analyst board's jurisdiction.
412	412	(b) The behavior analyst board's procedures relating to
413	413	alternative dispute resolution must conform, to the extent
414	414	possible, to any model guidelines issued by the State Office of
415	415	Administrative Hearings for the use of alternative dispute
416	416	resolution by state agencies.
417	417	(c) The behavior analyst board shall designate a trained
418	418	person to:
419	419	(1) coordinate the implementation of the policy
420	420	adopted under Subsection (a);
421	421	(2) serve as a resource for any training needed to
422	422	implement the procedures for negotiated rulemaking or alternative
423	423	dispute resolution; and
424	424	(3) collect data concerning the effectiveness of those
425	425	procedures, as implemented by the behavior analyst board.
426	426	SUBCHAPTER E. PUBLIC INTEREST INFORMATION
427	427	AND COMPLAINT PROCEDURES
428	428	Sec. 506.201. PUBLIC INTEREST INFORMATION. (a) The
429	429	behavior analyst board shall prepare information of public interest
430	430	describing the functions of the behavior analyst board.
431	431	(b) The behavior analyst board shall make the information
432	432	available to the public and appropriate state agencies.
433	433	Sec. 506.202. COMPLAINTS. (a) The behavior analyst board
434	434	by rule shall establish methods by which service recipients are
435	435	notified of the name, mailing address, and telephone number of the
436	436	behavior analyst board for the purpose of directing complaints to
437	437	the behavior analyst board. The behavior analyst board may provide
438	438	for that notice:
439	439	(1) on each registration form, application, or written
440	440	contract for services of a person regulated under this chapter;
441	441	(2) on a sign prominently displayed in the place of
442	442	business of each person regulated under this chapter; or
443	443	(3) in a bill for services provided by a person
444	444	regulated under this chapter.
445	445	(b) The behavior analyst board shall list with its regular
446	446	telephone number any toll-free telephone number established under
447	447	other state law that may be called to present a complaint about a
448	448	health professional.
449	449	Sec. 506.203. INFORMATION ABOUT COMPLAINT ACTIONS. (a)
450	450	The behavior analyst board shall maintain a system to promptly and
451	451	efficiently act on complaints filed with the behavior analyst
452	452	board. The behavior analyst board shall maintain information about
453	453	parties to a complaint, the subject matter of the complaint, a
454	454	summary of the results of the review or investigation of the
455	455	complaint, and the disposition of the complaint.
456	456	(b) The behavior analyst board shall make information
457	457	available describing its procedures for complaint investigation
458	458	and resolution.
459	459	(c) The behavior analyst board shall periodically notify
460	460	the complaint parties of the status of the complaint until final
461	461	disposition.
462	462	(d) The behavior analyst board shall analyze complaints
463	463	filed with the behavior analyst board to identify any trends or
464	464	issues related to certain violations, including:
465	465	(1) the reason for each complaint;
466	466	(2) how each complaint was resolved; and
467	467	(3) the subject matter of each complaint that was not
468	468	within the jurisdiction of the behavior analyst board and how the
469	469	behavior analyst board responded to the complaint.
470	470	Sec. 506.204. GENERAL RULES REGARDING COMPLAINT
471	471	INVESTIGATION AND DISPOSITION. The behavior analyst board shall
472	472	adopt rules concerning the investigation of a complaint filed with
473	473	the behavior analyst board. The rules must:
474	474	(1) distinguish between categories of complaints;
475	475	(2) ensure that a complaint is not dismissed without
476	476	appropriate consideration;
477	477	(3) require that the behavior analyst board be advised
478	478	of a complaint that is dismissed and that a letter or electronic
479	479	communication be sent to the person who filed the complaint
480	480	explaining the action taken on the dismissed complaint;
481	481	(4) ensure that the person who filed the complaint has
482	482	an opportunity to explain the allegations made in the complaint;
483	483	and
484	484	(5) prescribe guidelines concerning the categories of
485	485	complaints that require the use of a private investigator and the
486	486	procedures for the behavior analyst board to obtain the services of
487	487	a private investigator.
488	488	Sec. 506.205. CONFIDENTIALITY OF COMPLAINT INFORMATION.
489	489	(a) Except as provided by Subsection (b), a complaint and
490	490	investigation concerning a license holder and all information and
491	491	materials compiled by the behavior analyst board in connection with
492	492	the complaint and investigation are not subject to:
493	493	(1) disclosure under Chapter 552, Government Code; or
494	494	(2) disclosure, discovery, subpoena, or other means of
495	495	legal compulsion for release of information to any person.
496	496	(b) A complaint or investigation subject to Subsection (a)
497	497	and all information and materials compiled by the behavior analyst
498	498	board in connection with the complaint, in accordance with Chapter
499	499	611, Health and Safety Code, may be disclosed to:
500	500	(1) the behavior analyst board and behavior analyst
501	501	board employees or agents involved in license holder discipline;
502	502	(2) a party to a disciplinary action against the
503	503	license holder or that party's designated representative;
504	504	(3) a law enforcement agency if required by law;
505	505	(4) a governmental agency if:
506	506	(A) the disclosure is required or permitted by
507	507	law; and
508	508	(B) the agency obtaining the disclosure protects
509	509	the identity of any patient whose records are examined; or
510	510	(5) the legislature.
511	511	(c) Unless good cause for delay is shown to the presiding
512	512	officer at the hearing, the behavior analyst board shall provide
513	513	the license holder with access to all information that the behavior
514	514	analyst board intends to offer into evidence at the hearing not
515	515	later than the 30th day after the date the behavior analyst board
516	516	receives a written request from a license holder who is entitled to
517	517	a hearing under this chapter or from the license holder's attorney
518	518	of record.
519	519	(d) The behavior analyst board shall protect the identity of
520	520	any patient whose records are examined in connection with a
521	521	disciplinary investigation or proceeding against a license holder,
522	522	except:
523	523	(1) a patient who initiates the disciplinary action;
524	524	or
525	525	(2) a patient who has submitted a written consent to
526	526	release the records.
527	527	Sec. 506.206. PUBLIC PARTICIPATION. (a) The behavior
528	528	analyst board shall develop and implement policies that provide the
529	529	public with a reasonable opportunity to appear before the behavior
530	530	analyst board and to speak on any issue under the behavior analyst
531	531	board's jurisdiction.
532	532	(b) The behavior analyst board shall prepare and maintain a
533	533	written plan that describes how a person who does not speak English
534	534	may be provided reasonable access to the behavior analyst board's
535	535	programs.
536	536	Sec. 506.207. SUBPOENAS. (a) In an investigation of a
537	537	complaint filed with the behavior analyst board, the presiding
538	538	officer of the behavior analyst board may issue a subpoena to compel
539	539	the attendance of a relevant witness or the production, for
540	540	inspection or copying, of relevant evidence that is in this state.
541	541	(b) A subpoena may be served personally or by certified
542	542	mail.
543	543	(c) If a person fails to comply with a subpoena, the
544	544	behavior analyst board, acting through the attorney general, may
545	545	file suit to enforce the subpoena in a district court in Travis
546	546	County or in the county in which a hearing conducted by the behavior
547	547	analyst board may be held.
548	548	(d) On finding that good cause exists for issuing the
549	549	subpoena, the court shall order the person to comply with the
550	550	subpoena. The court may punish a person who fails to obey the court
551	551	order.
552	552	(e) The behavior analyst board shall pay for photocopies
553	553	subpoenaed under this section a reasonable fee in an amount not to
554	554	exceed the amount the behavior analyst board may charge for copies
555	555	of its records.
556	556	(f) The reimbursement of the expenses of a witness whose
557	557	attendance is compelled under this section is governed by Section
558	558	2001.103, Government Code.
559	559	(g) Information and materials subpoenaed or compiled by the
560	560	behavior analyst board in connection with the investigation of a
561	561	complaint may be disclosed only as provided by Section 506.205.
562	562	SUBCHAPTER F. LICENSE REQUIREMENTS
563	563	Sec. 506.251. LICENSE REQUIRED. (a) Except as provided by
564	564	Subchapter B, a person may not engage in the practice of applied
565	565	behavior analysis unless the person holds a license under this
566	566	chapter.
567	567	(b) A person may not use the title "licensed behavior
568	568	analyst" or "licensed assistant behavior analyst," as appropriate,
569	569	unless the person is licensed under this chapter.
570	570	(c) Except as provided by Subchapter B, a person may not use
571	571	the title "behavior analyst" unless the person is licensed under
572	572	this chapter.
573	573	Sec. 506.252. LICENSE APPLICATION. Each applicant for a
574	574	license under this chapter must submit an application and the
575	575	required fees to the behavior analyst board. The application must
576	576	include sufficient evidence, as defined by behavior analyst board
577	577	rules, that the applicant has successfully completed a
578	578	state-approved criminal background check.
579	579	Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR
580	580	ANALYST. An applicant for a license as a licensed behavior analyst
581	581	must present evidence to the behavior analyst board that the
582	582	applicant:
583	583	(1) is currently certified by the certifying entity as
584	584	a Board Certified Behavior Analyst or a Board Certified Behavior
585	585	Analyst--Doctoral or an equivalent certification issued by the
586	586	certifying entity;
587	587	(2) has met the educational requirements of the Board
588	588	Certified Behavior Analyst standard or the Board Certified Behavior
589	589	Analyst--Doctoral standard or an equivalent standard adopted by the
590	590	certifying entity;
591	591	(3) has passed the Board Certified Behavior Analyst
592	592	examination, or an equivalent examination offered by the certifying
593	593	entity, in applied behavior analysis;
594	594	(4) is in compliance with all professional, ethical,
595	595	and disciplinary standards established by the certifying entity;
596	596	and
597	597	(5) is not subject to any disciplinary action by the
598	598	certifying entity.
599	599	Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
600	600	ANALYST. An applicant for a license as a licensed assistant
601	601	behavior analyst must present evidence to the behavior analyst
602	602	board that the applicant:
603	603	(1) is currently certified by the certifying entity as
604	604	a Board Certified Assistant Behavior Analyst or an equivalent
605	605	certification issued by the certifying entity;
606	606	(2) has met the educational requirements of the Board
607	607	Certified Assistant Behavior Analyst standard or an equivalent
608	608	standard adopted by the certifying entity;
609	609	(3) has passed the Board Certified Assistant Behavior
610	610	Analyst examination, or an equivalent examination offered by the
611	611	certifying entity, in applied behavior analysis;
612	612	(4) is in compliance with all professional, ethical,
613	613	and disciplinary standards established by the certifying entity;
614	614	(5) is not subject to any disciplinary action by the
615	615	certifying entity; and
616	616	(6) is currently supervised by a licensed behavior
617	617	analyst in accordance with the requirements of the certifying
618	618	entity.
619	619	Sec. 506.255. ISSUANCE OF LICENSE. The behavior analyst
620	620	board shall issue a license as a licensed behavior analyst or a
621	621	licensed assistant behavior analyst, as appropriate, to an
622	622	applicant who:
623	623	(1) complies with the requirements of this chapter;
624	624	(2) meets any additional requirements the behavior
625	625	analyst board establishes by rule; and
626	626	(3) pays the required fees.
627	627	Sec. 506.256. TEMPORARY LICENSE. (a) The behavior analyst
628	628	board by rule may provide for the issuance of a temporary license.
629	629	(b) Rules adopted under this section must include a time
630	630	limit for a temporary license.
631	631	Sec. 506.257. RECIPROCITY. (a) The behavior analyst board
632	632	shall issue a license to a person who is currently licensed as a
633	633	behavior analyst or as an assistant behavior analyst from another
634	634	state or jurisdiction that imposes licensure requirements similar
635	635	to those specified in this chapter.
636	636	(b) An applicant for a reciprocal license shall:
637	637	(1) submit evidence to the behavior analyst board that
638	638	the applicant:
639	639	(A) is in good standing as determined by the
640	640	behavior analyst board;
641	641	(B) holds a valid license from another state or
642	642	jurisdiction; and
643	643	(C) is in compliance with other requirements
644	644	established by Sections 506.252, 506.253, 506.254, or 506.255, as
645	645	appropriate; and
646	646	(2) pay the required fees.
647	647	Sec. 506.258. INACTIVE STATUS. The behavior analyst board
648	648	by rule may provide for a person licensed under this chapter to be
649	649	placed on inactive status.
650	650	Sec. 506.259. RETIREMENT STATUS. The behavior analyst
651	651	board by rule may adopt a system for placing a person licensed under
652	652	this chapter on retirement status.
653	653	SUBCHAPTER G. LICENSE RENEWAL
654	654	Sec. 506.301. LICENSE EXPIRATION. (a) A license issued
655	655	under this chapter expires on the second anniversary of the date of
656	656	issuance.
657	657	(b) The behavior analyst board by rule may adopt a system
658	658	under which licenses expire on various dates during the year. For a
659	659	year in which the expiration date is changed, the behavior analyst
660	660	board shall prorate the licensing fee so that each license holder
661	661	pays only the portion of the fee that is allocable to the number of
662	662	months during which the license is valid. On renewal of the license
663	663	on the new expiration date, the entire licensing fee is payable.
664	664	Sec. 506.302. LICENSE RENEWAL. Before the expiration of a
665	665	license, a license may be renewed by:
666	666	(1) submitting an application for renewal;
667	667	(2) paying the renewal fee imposed by the behavior
668	668	analyst board; and
669	669	(3) providing verification to the behavior analyst
670	670	board of continued certification by the certifying entity, which
671	671	signifies that the applicant for renewal has met any continuing
672	672	education requirements established by the certifying entity.
673	673	SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
674	674	Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
675	675	ACTION. After a hearing, the behavior analyst board may deny a
676	676	license to an applicant, suspend or revoke a person's license, or
677	677	place on probation a license holder if the applicant or license
678	678	holder:
679	679	(1) violates this chapter or a behavior analyst board
680	680	order or rule;
681	681	(2) obtains a license by means of fraud,
682	682	misrepresentation, or concealment of a material fact;
683	683	(3) sells, barters, or offers to sell or barter a
684	684	license; or
685	685	(4) engages in unprofessional conduct that:
686	686	(A) endangers or is likely to endanger the
687	687	health, welfare, or safety of the public as defined by behavior
688	688	analyst board rule; or
689	689	(B) violates the code of ethics adopted and
690	690	published by the behavior analyst board.
691	691	Sec. 506.352. PROBATION. If a license suspension is
692	692	probated, the behavior analyst board may require the license holder
693	693	to:
694	694	(1) report regularly to the behavior analyst board on
695	695	matters that are the basis of the probation;
696	696	(2) limit the license holder's practice to the areas
697	697	prescribed by the behavior analyst board; or
698	698	(3) continue or review continuing professional
699	699	education until the license holder attains a degree of skill
700	700	satisfactory to the behavior analyst board in those areas that are
701	701	the basis of the probation.
702	702	Sec. 506.353. INFORMAL PROCEEDINGS. (a) The behavior
703	703	analyst board by rule shall adopt procedures governing:
704	704	(1) informal disposition of a contested case under
705	705	Section 2001.056, Government Code; and
706	706	(2) an informal proceeding held in compliance with
707	707	Section 2001.054, Government Code.
708	708	(b) Rules adopted under this section must:
709	709	(1) provide the complainant and the license holder
710	710	with an opportunity to be heard; and
711	711	(2) require the presence of a member of the behavior
712	712	analyst board's or medical board's legal staff to advise the
713	713	behavior analyst board or medical board or the behavior analyst
714	714	board's or medical board's employees.
715	715	Sec. 506.354. HEARING. A license holder is entitled to a
716	716	hearing before the State Office of Administrative Hearings before a
717	717	sanction is imposed under this subchapter.
718	718	Sec. 506.355. SCHEDULE OF SANCTIONS. (a) The behavior
719	719	analyst board by rule shall adopt a broad schedule of sanctions for
720	720	violations under this chapter.
721	721	(b) The State Office of Administrative Hearings shall use
722	722	the schedule for any sanction imposed under this chapter as the
723	723	result of a hearing conducted by that office.
724	724	Sec. 506.356. EMERGENCY SUSPENSION. (a) The behavior
725	725	analyst board, or a three-member committee of behavior analyst
726	726	board members designated by the behavior analyst board, shall
727	727	temporarily suspend the license of a license holder if the behavior
728	728	analyst board or committee determines from the evidence or
729	729	information presented to the behavior analyst board or committee
730	730	that continued practice by the license holder would constitute a
731	731	continuing and imminent threat to the public welfare.
732	732	(b) A license may be suspended under this section without
733	733	notice or hearing on the complaint if:
734	734	(1) action is taken to initiate proceedings for a
735	735	hearing before the State Office of Administrative Hearings
736	736	simultaneously with the temporary suspension; and
737	737	(2) a hearing is held as soon as practicable under this
738	738	chapter and Chapter 2001, Government Code.
739	739	(c) The State Office of Administrative Hearings shall hold a
740	740	preliminary hearing not later than the 14th day after the date of
741	741	the temporary suspension to determine if there is probable cause to
742	742	believe that a continuing and imminent threat to the public welfare
743	743	still exists. A final hearing on the matter shall be held not later
744	744	than the 61st day after the date of the temporary suspension.
745	745	SUBCHAPTER I. PENALTIES AND ENFORCEMENT PROCEDURES
746	746	Sec. 506.401. INJUNCTIVE RELIEF. The behavior analyst
747	747	board or the attorney general may institute a proceeding to enforce
748	748	this chapter, including a suit to enjoin a person from practicing
749	749	applied behavior analysis without complying with this chapter.
750	750	Sec. 506.402. MONITORING OF LICENSE HOLDER. The behavior
751	751	analyst board by rule shall develop a system for monitoring a
752	752	license holder's compliance with this chapter. The rules must
753	753	include procedures for:
754	754	(1) monitoring for compliance a license holder who is
755	755	ordered by the behavior analyst board to perform a certain act; and
756	756	(2) identifying and monitoring each license holder who
757	757	represents a risk to the public.
758	758	Sec. 506.403. ADMINISTRATIVE PENALTY. (a) The behavior
759	759	analyst board may impose an administrative penalty against a person
760	760	licensed under this chapter who violates this chapter or a rule or
761	761	order adopted under this chapter.
762	762	(b) An administrative penalty may not exceed $200. Each day
763	763	a violation continues or occurs is a separate violation for the
764	764	purpose of imposing a penalty. The amount of the penalty shall be
765	765	based on:
766	766	(1) the seriousness of the violation, including the
767	767	nature, circumstances, extent, and gravity of any prohibited acts,
768	768	and the hazard or potential hazard created to the health, safety, or
769	769	economic welfare of the public;
770	770	(2) the history of previous violations;
771	771	(3) the amount necessary to deter a future violation;
772	772	(4) efforts to correct the violation; and
773	773	(5) any other matter that justice requires.
774	774	(c) The person may stay enforcement during the time the
775	775	order is under judicial review if the person pays the penalty to the
776	776	court clerk or files a supersedeas bond with the court in the amount
777	777	of the penalty. A person who cannot afford to pay the penalty or
778	778	file the bond may stay enforcement by filing an affidavit like that
779	779	required by the Texas Rules of Civil Procedure for a party who
780	780	cannot afford to file security for costs, except that the behavior
781	781	analyst board may contest the affidavit as provided by those rules.
782	782	(d) A proceeding to impose an administrative penalty is
783	783	subject to Chapter 2001, Government Code.
784	784	Sec. 506.404. CIVIL PENALTY. (a) A person found by a court
785	785	to have violated this chapter is liable to this state for a civil
786	786	penalty of $200 for each day the violation continues.
787	787	(b) A civil penalty may be recovered in a suit brought by the
788	788	attorney general, a district attorney, or a county attorney.
789	789	Sec. 506.405. CRIMINAL OFFENSE. (a) A person commits an
790	790	offense if the person knowingly violates this chapter.
791	791	(b) An offense under this section is a Class A misdemeanor.
792	792	(c) Each day of violation constitutes a separate offense.
793	793	SECTION 2. As soon as practicable after the effective date
794	794	of this Act, the governor shall appoint nine members to the Texas
795	795	Board of Behavior Analyst Examiners in accordance with Chapter 506,
796	796	Occupations Code, as added by this Act. In making the initial
797	797	appointments, the governor shall designate three members for terms
798	798	expiring February 1, 2019, three members for terms expiring
799	799	February 1, 2021, and three members for terms expiring February 1,
800	800	2023.
801	801	SECTION 3. Not later than January 1, 2018, the Texas Board
802	802	of Behavior Analyst Examiners shall adopt the rules, procedures,
803	803	and fees necessary to administer Chapter 506, Occupations Code, as
804	804	added by this Act.
805	805	SECTION 4. Notwithstanding Chapter 506, Occupations Code,
806	806	as added by this Act, a behavior analyst or assistant behavior
807	807	analyst is not required to hold a license under that chapter to
808	808	practice as a licensed behavior analyst or licensed assistant
809	809	behavior analyst in this state before June 1, 2018.
810	810	SECTION 5. (a) Except as provided by Subsection (b) of this
811	811	section, this Act takes effect September 1, 2017.
812	812	(b) Section 506.251, Occupations Code, and Subchapter I,
813	813	Chapter 506, Occupations Code, as added by this Act, take effect
814	814	June 1, 2018.