Texas 2017 - 85th Regular

Texas Senate Bill SB589 Compare Versions

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1-85R29022 KKR-F
2- By: Lucio, et al. S.B. No. 589
3- (Simmons, Gonzales of Williamson, Stucky, Coleman)
4- Substitute the following for S.B. No. 589: No.
1+S.B. No. 589
52
63
7- A BILL TO BE ENTITLED
84 AN ACT
95 relating to the licensing and regulation of behavior analysts and
106 assistant behavior analysts; requiring an occupational license;
117 imposing fees.
128 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
139 SECTION 1. Section 51.2031(a), Occupations Code, is amended
1410 to read as follows:
1511 (a) This section applies only to the regulation of the
1612 following professions by the department:
1713 (1) athletic trainers;
1814 (2) behavior analysts;
1915 (3) dietitians;
2016 (4) [(3)] hearing instrument fitters and dispensers;
2117 (5) [(4)] midwives;
2218 (6) [(5)] orthotists and prosthetists; and
2319 (7) [(6)] speech-language pathologists and
2420 audiologists.
2521 SECTION 2. Subtitle I, Title 3, Occupations Code, is
2622 amended by adding Chapter 506 to read as follows:
2723 CHAPTER 506. BEHAVIOR ANALYSTS
2824 SUBCHAPTER A. GENERAL PROVISIONS
29- Sec. 506.001. SHORT TITLE. This chapter may be cited as
30- the Behavior Analyst Licensing Act.
25+ Sec. 506.001. SHORT TITLE. This chapter may be cited as the
26+ Behavior Analyst Licensing Act.
3127 Sec. 506.002. DEFINITIONS. In this chapter:
3228 (1) "Advisory board" means the Behavior Analyst
3329 Advisory Board.
3430 (2) "Certifying entity" means the nationally
3531 accredited Behavior Analyst Certification Board or another entity
3632 that is accredited by the National Commission for Certifying
3733 Agencies or the American National Standards Institute to issue
3834 credentials in the professional practice of applied behavior
3935 analysis and approved by the department.
4036 (3) "Commission" means the Texas Commission of
4137 Licensing and Regulation.
4238 (4) "Department" means the Texas Department of
4339 Licensing and Regulation.
4440 (5) "Executive director" means the executive director
4541 of the department.
4642 (6) "License holder" means a person licensed under
4743 this chapter.
4844 (7) "Licensed assistant behavior analyst" means a
4945 person who is certified by the certifying entity as a Board
5046 Certified Assistant Behavior Analyst or who has an equivalent
5147 certification issued by the certifying entity and who meets the
5248 requirements specified by Sections 506.252 and 506.254.
5349 (8) "Licensed behavior analyst" means a person who is
5450 certified by the certifying entity as a Board Certified Behavior
5551 Analyst or a Board Certified Behavior Analyst--Doctoral or who has
5652 an equivalent certification issued by the certifying entity and who
5753 meets the requirements specified by Sections 506.252 and 506.253.
5854 (9) "Physician" means a person licensed to practice
5955 medicine by the Texas Medical Board.
60- Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS. (a)
61- The practice of applied behavior analysis is the design,
56+ Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS.
57+ (a) The practice of applied behavior analysis is the design,
6258 implementation, and evaluation of instructional and environmental
6359 modifications to produce socially significant improvements in
6460 human behavior.
6561 (b) The practice of applied behavior analysis includes the
6662 empirical identification of functional relations between behavior
6763 and environmental factors, known as functional assessment or
6864 functional analysis.
6965 (c) Applied behavior analysis interventions:
7066 (1) are based on scientific research and the direct
7167 observation and measurement of behavior and environment; and
7268 (2) use contextual factors, motivating operations,
7369 antecedent stimuli, positive reinforcement, and other procedures
7470 to help individuals develop new behaviors, increase or decrease
7571 existing behaviors, and elicit or evoke behaviors under specific
7672 environmental conditions.
7773 (d) The practice of applied behavior analysis does not
7874 include:
7975 (1) psychological testing, psychotherapy, cognitive
8076 therapy, psychoanalysis, hypnotherapy, or counseling as treatment
8177 modalities; or
8278 (2) the diagnosis of disorders.
8379 SUBCHAPTER B. APPLICATION OF CHAPTER; USE OF TITLE
8480 Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does
8581 not apply to a person licensed to practice psychology in this state
8682 if the applied behavior analysis services provided are within the
8783 scope of the licensed psychologist's education, training, and
8884 competence.
8985 Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter
9086 does not apply to a person licensed to practice another profession
9187 in this state if the applied behavior analysis services provided
9288 are within:
9389 (1) the scope of practice of the person's license under
9490 state law; and
9591 (2) the scope of the person's education, training, and
9692 competence.
9793 Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter
9894 does not apply to a family member or guardian of a recipient of
9995 applied behavior analysis services who is implementing a behavior
10096 analysis treatment plan for the recipient under the extended
10197 authority and direction of a licensed behavior analyst or licensed
10298 assistant behavior analyst.
10399 Sec. 506.054. PARAPROFESSIONALS. This chapter does not
104100 apply to a paraprofessional technician who delivers applied
105101 behavior analysis services if:
106102 (1) the applied behavior analysis services are
107103 provided under the extended authority and direction of a licensed
108104 behavior analyst or licensed assistant behavior analyst; and
109105 (2) the person is designated as an "applied behavior
110106 analysis technician," "behavior technician," "tutor," or
111107 "front-line therapist."
112108 Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter
113109 does not apply to an applied behavior analysis activity or service
114110 of a college or university student, intern, or fellow if:
115111 (1) the activity or service is part of a defined
116112 behavior analysis program of study, course, practicum, internship,
117113 or postdoctoral fellowship;
118114 (2) the activity or service is directly supervised by
119115 a licensed behavior analyst or an instructor in a course sequence
120116 approved by the certifying entity; and
121117 (3) the person is designated as a "student," "intern,"
122118 "fellow," or "trainee."
123- Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does
124- not apply to an unlicensed person pursuing supervised experience in
119+ Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does not
120+ apply to an unlicensed person pursuing supervised experience in
125121 applied behavior analysis if the supervised experience is
126122 consistent with the requirements of the certifying entity and
127123 commission rules.
128124 Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM
129125 ANOTHER STATE. (a) This chapter does not apply to a behavior
130126 analyst licensed in another jurisdiction or certified by the
131127 certifying entity if the activities and services conducted in this
132128 state:
133129 (1) are within the behavior analyst's customary area
134130 of practice;
135131 (2) are conducted not more than 20 days in a calendar
136132 year; and
137133 (3) are not otherwise in violation of this chapter.
138134 (b) A behavior analyst described by Subsection (a) shall
139135 inform the recipient of applied behavior analysis services, or a
140136 parent or guardian of the recipient if the recipient is under 18
141137 years of age, that:
142138 (1) the behavior analyst is not licensed in this
143139 state; and
144140 (2) the activities and services provided by the
145141 behavior analyst are time-limited.
146- Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT. (a)
147- This chapter does not apply to a teacher or employee of a private or
148- public school who provides applied behavior analysis services if
149- the teacher or employee is performing duties within the scope of the
150- teacher's or employee's employment.
142+ Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT.
143+ (a) This chapter does not apply to a teacher or employee of a
144+ private or public school who provides applied behavior analysis
145+ services if the teacher or employee is performing duties within the
146+ scope of the teacher's or employee's employment.
151147 (b) A person described by Subsection (a) may not:
152148 (1) represent that the person is a behavior analyst,
153149 unless the applied behavior analysis services provided are within
154150 the person's education, training, and competence;
155151 (2) offer applied behavior analysis services to any
156152 person, other than within the scope of the person's employment
157153 duties for the school; or
158154 (3) receive compensation for providing applied
159155 behavior analysis services, other than the compensation that the
160156 person receives from the person's school employer.
161157 Sec. 506.059. PERSONS WHO DO NOT PROVIDE DIRECT SERVICES.
162158 (a) This chapter does not apply to a person who:
163159 (1) is a behavior analyst who practices with
164160 nonhumans, including an applied animal behaviorist or an animal
165161 trainer;
166162 (2) teaches behavior analysis or conducts behavior
167163 analytic research if the teaching or research activities do not
168164 involve the delivery or supervision of applied behavior analysis
169165 services; or
170166 (3) is a professional who provides general applied
171167 behavior analysis services to organizations if those services:
172168 (A) are for the benefit of the organization; and
173169 (B) do not involve direct services to
174170 individuals.
175171 (b) A person described by Subsection (a) may use the title
176172 "behavior analyst."
177173 SUBCHAPTER C. BEHAVIOR ANALYST ADVISORY BOARD
178174 Sec. 506.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory
179175 board is composed of nine members appointed by the presiding
180176 officer of the commission with the approval of the commission as
181177 follows:
182178 (1) four licensed behavior analysts, at least one of
183179 whom must be certified as a Board Certified Behavior
184180 Analyst--Doctoral or hold an equivalent certification issued by the
185181 certifying entity;
186182 (2) one licensed assistant behavior analyst;
187183 (3) one physician who has experience providing mental
188184 health or behavioral health services; and
189185 (4) three members who represent the public and who are
190186 either former recipients of applied behavior analysis services or
191187 the parent or guardian of a current or former recipient of applied
192188 behavior analysis services.
193189 (b) To be qualified for appointment under Subsection
194190 (a)(1), a person must have at least five years of experience as a
195191 licensed behavior analyst after being certified by the certifying
196192 entity.
197193 (c) Appointments to the advisory board shall be made without
198194 regard to the race, color, disability, sex, religion, age, or
199195 national origin of the appointee.
200196 Sec. 506.102. DUTIES OF ADVISORY BOARD. The advisory board
201197 shall provide advice and recommendations to the department on
202198 technical matters relevant to the administration of this chapter.
203199 Sec. 506.103. TERMS; VACANCY. (a) Members of the advisory
204200 board serve staggered six-year terms, with the terms of three
205201 members expiring February 1 of each odd-numbered year.
206202 (b) A member may not serve more than two consecutive
207203 six-year terms.
208204 (c) If a vacancy occurs during a member's term, the
209205 presiding officer of the commission, with the commission's
210206 approval, shall appoint a replacement who meets the qualifications
211207 for the vacant position to serve for the remainder of the term.
212208 Sec. 506.104. PRESIDING OFFICER. The presiding officer of
213209 the commission shall designate a member of the advisory board to
214210 serve as the presiding officer of the advisory board for a term of
215211 one year. The presiding officer of the advisory board may vote on
216212 any matter before the advisory board.
217213 Sec. 506.105. MEETINGS. The advisory board shall meet at
218214 least twice each year and at the call of the presiding officer of
219215 the commission or the executive director.
220216 Sec. 506.106. GROUNDS FOR REMOVAL. A member of the advisory
221217 board may be removed as provided by Section 51.209.
222218 Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A member
223219 of the advisory board may not receive compensation for service on
224220 the advisory board.
225221 (b) A member of the advisory board is entitled to
226222 reimbursement for actual and necessary expenses incurred in
227223 performing functions as a member of the advisory board, subject to
228224 any applicable limitation on reimbursement provided by the General
229225 Appropriations Act.
230226 SUBCHAPTER D. POWERS AND DUTIES
231227 Sec. 506.151. GENERAL POWERS AND DUTIES. (a) The
232228 commission shall adopt rules consistent with this chapter for the
233229 administration and enforcement of this chapter.
234230 (b) The department shall:
235231 (1) administer and enforce this chapter;
236232 (2) evaluate the qualifications of license
237233 applicants;
238234 (3) provide for the examination of license applicants;
239235 (4) issue licenses;
240236 (5) in connection with a hearing under this chapter,
241237 issue subpoenas, examine witnesses, and administer oaths under the
242238 laws of this state; and
243239 (6) investigate persons engaging in practices that
244240 violate this chapter.
245241 (c) The commission or executive director may deny, revoke,
246242 or suspend a license or may otherwise discipline a license holder in
247243 accordance with Section 51.353.
248244 Sec. 506.152. STANDARDS OF ETHICAL PRACTICE. The
249245 commission shall adopt rules under this chapter that establish
250246 standards of ethical practice.
251247 Sec. 506.153. ASSISTANCE FILING COMPLAINT. The department,
252248 in accordance with Section 51.252, shall provide reasonable
253249 assistance to a person who wishes to file a complaint with the
254250 department regarding a person or activity regulated under this
255251 chapter.
256252 Sec. 506.154. FEES. The commission by rule shall set fees
257253 in amounts reasonable and necessary to cover the costs of
258254 administering this chapter.
259255 SUBCHAPTER E. PUBLIC INTEREST INFORMATION
260256 AND COMPLAINT PROCEDURES
261257 Sec. 506.201. TELEPHONE NUMBER FOR COMPLAINTS. The
262258 department shall list with its regular telephone number any
263259 toll-free telephone number established under other state law that
264260 may be called to present a complaint about a health professional.
265261 Sec. 506.202. CONFIDENTIALITY OF COMPLAINT INFORMATION.
266262 (a) Except as provided by Subsection (b), a complaint and
267263 investigation concerning a license holder and all information and
268264 materials compiled by the department in connection with the
269265 complaint and investigation are not subject to:
270266 (1) disclosure under Chapter 552, Government Code; or
271267 (2) disclosure, discovery, subpoena, or other means of
272268 legal compulsion for release of information to any person.
273269 (b) A complaint or investigation subject to Subsection (a)
274270 and all information and materials compiled by the department in
275271 connection with the complaint, in accordance with Chapter 611,
276272 Health and Safety Code, may be disclosed to:
277273 (1) the department and its employees or agents
278274 involved in license holder discipline;
279275 (2) a party to a disciplinary action against the
280276 license holder or that party's designated representative;
281277 (3) a law enforcement agency if required by law;
282278 (4) a governmental agency if:
283279 (A) the disclosure is required or permitted by
284280 law; and
285281 (B) the agency obtaining the disclosure protects
286282 the identity of any patient whose records are examined; or
287283 (5) the legislature.
288284 (c) The department shall protect the identity of any patient
289285 whose records are examined in connection with a disciplinary
290286 investigation or proceeding against a license holder, except:
291287 (1) a patient who initiates the disciplinary action;
292288 or
293289 (2) a patient who has submitted a written consent to
294290 release the records.
295291 SUBCHAPTER F. LICENSE REQUIREMENTS
296292 Sec. 506.251. LICENSE REQUIRED. (a) Except as provided by
297293 Subchapter B, a person may not engage in the practice of applied
298294 behavior analysis unless the person holds a license under this
299295 chapter.
300296 (b) A person may not use the title "licensed behavior
301297 analyst" or "licensed assistant behavior analyst," as appropriate,
302298 unless the person is licensed under this chapter.
303299 (c) Except as provided by Subchapter B, a person may not use
304300 the title "behavior analyst" unless the person is licensed under
305301 this chapter.
306302 Sec. 506.252. LICENSE APPLICATION. Each applicant for a
307303 license under this chapter must submit an application and the
308304 required fees to the department. The application must include
309305 sufficient evidence, as defined by commission rules, that the
310306 applicant has successfully completed a state-approved criminal
311307 background check.
312- Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR
313- ANALYST. An applicant for a license as a licensed behavior analyst
314- must present evidence to the department that the applicant:
308+ Sec. 506.253. REQUIREMENTS FOR LICENSED BEHAVIOR ANALYST.
309+ An applicant for a license as a licensed behavior analyst must
310+ present evidence to the department that the applicant:
315311 (1) is currently certified by the certifying entity as
316312 a Board Certified Behavior Analyst or a Board Certified Behavior
317313 Analyst--Doctoral or an equivalent certification issued by the
318314 certifying entity;
319315 (2) has met the educational requirements of the Board
320316 Certified Behavior Analyst standard or the Board Certified Behavior
321317 Analyst--Doctoral standard or an equivalent standard adopted by the
322318 certifying entity;
323319 (3) has passed the Board Certified Behavior Analyst
324320 examination, or an equivalent examination offered by the certifying
325321 entity, in applied behavior analysis;
326322 (4) is in compliance with all professional, ethical,
327323 and disciplinary standards established by the certifying entity;
328324 and
329325 (5) is not subject to any disciplinary action by the
330326 certifying entity.
331327 Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
332328 ANALYST. An applicant for a license as a licensed assistant
333329 behavior analyst must present evidence to the department that the
334330 applicant:
335331 (1) is currently certified by the certifying entity as
336332 a Board Certified Assistant Behavior Analyst or an equivalent
337333 certification issued by the certifying entity;
338334 (2) has met the educational requirements of the Board
339335 Certified Assistant Behavior Analyst standard or an equivalent
340336 standard adopted by the certifying entity;
341337 (3) has passed the Board Certified Assistant Behavior
342338 Analyst examination, or an equivalent examination offered by the
343339 certifying entity, in applied behavior analysis;
344340 (4) is in compliance with all professional, ethical,
345341 and disciplinary standards established by the certifying entity;
346342 (5) is not subject to any disciplinary action by the
347343 certifying entity; and
348344 (6) is currently supervised by a licensed behavior
349345 analyst in accordance with the requirements of the certifying
350346 entity.
351347 Sec. 506.255. ISSUANCE OF LICENSE. The department shall
352348 issue a license as a licensed behavior analyst or a licensed
353349 assistant behavior analyst, as appropriate, to an applicant who:
354350 (1) complies with the requirements of this chapter;
355351 (2) meets any additional requirements the commission
356352 establishes by rule; and
357353 (3) pays the required fees.
358354 Sec. 506.256. RECIPROCITY. (a) The department shall issue
359355 a license to a person who is currently licensed as a behavior
360356 analyst or as an assistant behavior analyst from another state or
361357 jurisdiction that imposes licensure requirements similar to those
362358 specified in this chapter.
363359 (b) An applicant for a reciprocal license shall:
364360 (1) submit evidence to the department that the
365361 applicant:
366362 (A) is in good standing as determined by the
367363 department;
368364 (B) holds a valid license from another state or
369365 jurisdiction; and
370366 (C) is in compliance with other requirements
371367 established by Section 506.252, 506.253, 506.254, or 506.255, as
372368 appropriate; and
373369 (2) pay the required fees.
374370 Sec. 506.257. RETIREMENT STATUS. The commission by rule
375371 may adopt a system for placing a person licensed under this chapter
376372 on retirement status.
377373 SUBCHAPTER G. LICENSE RENEWAL
378374 Sec. 506.301. LICENSE EXPIRATION. A license issued under
379375 this chapter expires on the second anniversary of the date of
380376 issuance.
381377 Sec. 506.302. LICENSE RENEWAL. Before the expiration of a
382378 license, a license may be renewed by:
383379 (1) submitting an application for renewal;
384380 (2) paying the renewal fee imposed by the commission;
385381 and
386382 (3) providing verification to the department of
387383 continued certification by the certifying entity, which signifies
388384 that the applicant for renewal has met any continuing education
389385 requirements established by the certifying entity.
390386 SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
391387 Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
392388 ACTION. After a hearing, the commission or executive director may
393389 deny a license to an applicant, suspend or revoke a person's
394390 license, or place on probation a license holder if the applicant or
395391 license holder:
396392 (1) violates this chapter, a commission rule, or an
397393 order of the commission or the executive director;
398394 (2) obtains a license by means of fraud,
399395 misrepresentation, or concealment of a material fact;
400396 (3) sells, barters, or offers to sell or barter a
401397 license; or
402398 (4) engages in unprofessional conduct that:
403399 (A) endangers or is likely to endanger the
404400 health, welfare, or safety of the public as defined by commission
405401 rule; or
406402 (B) violates the code of ethics adopted and
407403 published by the commission.
408404 SUBCHAPTER I. ENFORCEMENT PROCEDURES
409405 Sec. 506.401. ENFORCEMENT PROCEEDINGS. The commission,
410406 department, or executive director may enforce this chapter, a rule
411407 adopted under this chapter, or an order of the commission or
412408 executive director as provided by Subchapters F and G, Chapter 51.
413409 SECTION 3. (a) As soon as practicable after the effective
414410 date of this Act, the presiding officer of the Texas Commission of
415411 Licensing and Regulation shall appoint nine members to the Behavior
416412 Analyst Advisory Board in accordance with Chapter 506, Occupations
417413 Code, as added by this Act. In making the initial appointments, the
418414 presiding officer of the commission shall designate three members
419415 for terms expiring February 1, 2019, three members for terms
420416 expiring February 1, 2021, and three members for terms expiring
421417 February 1, 2023.
422418 (b) Notwithstanding Section 506.101, Occupations Code, as
423419 added by this Act, a person who meets the requirements of Section
424420 506.253 or 506.254, Occupations Code, as added by this Act, may be
425421 appointed as an initial behavior analyst or assistant behavior
426422 analyst member of the Behavior Analyst Advisory Board, as
427423 applicable, regardless of whether the person holds a license issued
428424 under Chapter 506, Occupations Code, as added by this Act.
429425 SECTION 4. Not later than April 1, 2018, the Texas
430426 Commission of Licensing and Regulation shall adopt the rules,
431427 procedures, and fees necessary to administer Chapter 506,
432428 Occupations Code, as added by this Act.
433429 SECTION 5. Notwithstanding Chapter 506, Occupations Code,
434430 as added by this Act, a behavior analyst or assistant behavior
435431 analyst is not required to hold a license under that chapter to
436432 practice as a licensed behavior analyst or licensed assistant
437433 behavior analyst in this state before September 1, 2018.
438- SECTION 6. (a) Except as provided by Subsection (b) of this
439- section, this Act takes effect September 1, 2017.
434+ SECTION 6. (a) Except as provided by Subsection (b) of
435+ this section, this Act takes effect September 1, 2017.
440436 (b) Section 506.251, Occupations Code, and Subchapter I,
441437 Chapter 506, Occupations Code, as added by this Act, take effect
442438 September 1, 2018.
439+ ______________________________ ______________________________
440+ President of the Senate Speaker of the House
441+ I hereby certify that S.B. No. 589 passed the Senate on
442+ May 1, 2017, by the following vote: Yeas 25, Nays 6; and that the
443+ Senate concurred in House amendment on May 25, 2017, by the
444+ following vote: Yeas 25, Nays 6.
445+ ______________________________
446+ Secretary of the Senate
447+ I hereby certify that S.B. No. 589 passed the House, with
448+ amendment, on May 23, 2017, by the following vote: Yeas 121,
449+ Nays 25, one present not voting.
450+ ______________________________
451+ Chief Clerk of the House
452+ Approved:
453+ ______________________________
454+ Date
455+ ______________________________
456+ Governor