62 | 58 | | implementation, and evaluation of instructional and environmental |
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63 | 59 | | modifications to produce socially significant improvements in |
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64 | 60 | | human behavior. |
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65 | 61 | | (b) The practice of applied behavior analysis includes the |
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66 | 62 | | empirical identification of functional relations between behavior |
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67 | 63 | | and environmental factors, known as functional assessment or |
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68 | 64 | | functional analysis. |
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69 | 65 | | (c) Applied behavior analysis interventions: |
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70 | 66 | | (1) are based on scientific research and the direct |
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71 | 67 | | observation and measurement of behavior and environment; and |
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72 | 68 | | (2) use contextual factors, motivating operations, |
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73 | 69 | | antecedent stimuli, positive reinforcement, and other procedures |
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74 | 70 | | to help individuals develop new behaviors, increase or decrease |
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75 | 71 | | existing behaviors, and elicit or evoke behaviors under specific |
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76 | 72 | | environmental conditions. |
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77 | 73 | | (d) The practice of applied behavior analysis does not |
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78 | 74 | | include: |
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79 | 75 | | (1) psychological testing, psychotherapy, cognitive |
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80 | 76 | | therapy, psychoanalysis, hypnotherapy, or counseling as treatment |
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81 | 77 | | modalities; or |
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82 | 78 | | (2) the diagnosis of disorders. |
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83 | 79 | | SUBCHAPTER B. APPLICATION OF CHAPTER; USE OF TITLE |
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84 | 80 | | Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does |
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85 | 81 | | not apply to a person licensed to practice psychology in this state |
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86 | 82 | | if the applied behavior analysis services provided are within the |
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87 | 83 | | scope of the licensed psychologist's education, training, and |
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88 | 84 | | competence. |
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89 | 85 | | Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter |
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90 | 86 | | does not apply to a person licensed to practice another profession |
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91 | 87 | | in this state if the applied behavior analysis services provided |
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92 | 88 | | are within: |
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93 | 89 | | (1) the scope of practice of the person's license under |
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94 | 90 | | state law; and |
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95 | 91 | | (2) the scope of the person's education, training, and |
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96 | 92 | | competence. |
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97 | 93 | | Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter |
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98 | 94 | | does not apply to a family member or guardian of a recipient of |
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99 | 95 | | applied behavior analysis services who is implementing a behavior |
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100 | 96 | | analysis treatment plan for the recipient under the extended |
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101 | 97 | | authority and direction of a licensed behavior analyst or licensed |
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102 | 98 | | assistant behavior analyst. |
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103 | 99 | | Sec. 506.054. PARAPROFESSIONALS. This chapter does not |
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104 | 100 | | apply to a paraprofessional technician who delivers applied |
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105 | 101 | | behavior analysis services if: |
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106 | 102 | | (1) the applied behavior analysis services are |
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107 | 103 | | provided under the extended authority and direction of a licensed |
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108 | 104 | | behavior analyst or licensed assistant behavior analyst; and |
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109 | 105 | | (2) the person is designated as an "applied behavior |
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110 | 106 | | analysis technician," "behavior technician," "tutor," or |
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111 | 107 | | "front-line therapist." |
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112 | 108 | | Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter |
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113 | 109 | | does not apply to an applied behavior analysis activity or service |
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114 | 110 | | of a college or university student, intern, or fellow if: |
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115 | 111 | | (1) the activity or service is part of a defined |
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116 | 112 | | behavior analysis program of study, course, practicum, internship, |
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117 | 113 | | or postdoctoral fellowship; |
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118 | 114 | | (2) the activity or service is directly supervised by |
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119 | 115 | | a licensed behavior analyst or an instructor in a course sequence |
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120 | 116 | | approved by the certifying entity; and |
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121 | 117 | | (3) the person is designated as a "student," "intern," |
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122 | 118 | | "fellow," or "trainee." |
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151 | 147 | | (b) A person described by Subsection (a) may not: |
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152 | 148 | | (1) represent that the person is a behavior analyst, |
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153 | 149 | | unless the applied behavior analysis services provided are within |
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154 | 150 | | the person's education, training, and competence; |
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155 | 151 | | (2) offer applied behavior analysis services to any |
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156 | 152 | | person, other than within the scope of the person's employment |
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157 | 153 | | duties for the school; or |
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158 | 154 | | (3) receive compensation for providing applied |
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159 | 155 | | behavior analysis services, other than the compensation that the |
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160 | 156 | | person receives from the person's school employer. |
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161 | 157 | | Sec. 506.059. PERSONS WHO DO NOT PROVIDE DIRECT SERVICES. |
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162 | 158 | | (a) This chapter does not apply to a person who: |
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163 | 159 | | (1) is a behavior analyst who practices with |
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164 | 160 | | nonhumans, including an applied animal behaviorist or an animal |
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165 | 161 | | trainer; |
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166 | 162 | | (2) teaches behavior analysis or conducts behavior |
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167 | 163 | | analytic research if the teaching or research activities do not |
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168 | 164 | | involve the delivery or supervision of applied behavior analysis |
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169 | 165 | | services; or |
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170 | 166 | | (3) is a professional who provides general applied |
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171 | 167 | | behavior analysis services to organizations if those services: |
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172 | 168 | | (A) are for the benefit of the organization; and |
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173 | 169 | | (B) do not involve direct services to |
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174 | 170 | | individuals. |
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175 | 171 | | (b) A person described by Subsection (a) may use the title |
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176 | 172 | | "behavior analyst." |
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177 | 173 | | SUBCHAPTER C. BEHAVIOR ANALYST ADVISORY BOARD |
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178 | 174 | | Sec. 506.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory |
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179 | 175 | | board is composed of nine members appointed by the presiding |
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180 | 176 | | officer of the commission with the approval of the commission as |
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181 | 177 | | follows: |
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182 | 178 | | (1) four licensed behavior analysts, at least one of |
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183 | 179 | | whom must be certified as a Board Certified Behavior |
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184 | 180 | | Analyst--Doctoral or hold an equivalent certification issued by the |
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185 | 181 | | certifying entity; |
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186 | 182 | | (2) one licensed assistant behavior analyst; |
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187 | 183 | | (3) one physician who has experience providing mental |
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188 | 184 | | health or behavioral health services; and |
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189 | 185 | | (4) three members who represent the public and who are |
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190 | 186 | | either former recipients of applied behavior analysis services or |
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191 | 187 | | the parent or guardian of a current or former recipient of applied |
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192 | 188 | | behavior analysis services. |
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193 | 189 | | (b) To be qualified for appointment under Subsection |
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194 | 190 | | (a)(1), a person must have at least five years of experience as a |
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195 | 191 | | licensed behavior analyst after being certified by the certifying |
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196 | 192 | | entity. |
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197 | 193 | | (c) Appointments to the advisory board shall be made without |
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198 | 194 | | regard to the race, color, disability, sex, religion, age, or |
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199 | 195 | | national origin of the appointee. |
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200 | 196 | | Sec. 506.102. DUTIES OF ADVISORY BOARD. The advisory board |
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201 | 197 | | shall provide advice and recommendations to the department on |
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202 | 198 | | technical matters relevant to the administration of this chapter. |
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203 | 199 | | Sec. 506.103. TERMS; VACANCY. (a) Members of the advisory |
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204 | 200 | | board serve staggered six-year terms, with the terms of three |
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205 | 201 | | members expiring February 1 of each odd-numbered year. |
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206 | 202 | | (b) A member may not serve more than two consecutive |
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207 | 203 | | six-year terms. |
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208 | 204 | | (c) If a vacancy occurs during a member's term, the |
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209 | 205 | | presiding officer of the commission, with the commission's |
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210 | 206 | | approval, shall appoint a replacement who meets the qualifications |
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211 | 207 | | for the vacant position to serve for the remainder of the term. |
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212 | 208 | | Sec. 506.104. PRESIDING OFFICER. The presiding officer of |
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213 | 209 | | the commission shall designate a member of the advisory board to |
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214 | 210 | | serve as the presiding officer of the advisory board for a term of |
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215 | 211 | | one year. The presiding officer of the advisory board may vote on |
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216 | 212 | | any matter before the advisory board. |
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217 | 213 | | Sec. 506.105. MEETINGS. The advisory board shall meet at |
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218 | 214 | | least twice each year and at the call of the presiding officer of |
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219 | 215 | | the commission or the executive director. |
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220 | 216 | | Sec. 506.106. GROUNDS FOR REMOVAL. A member of the advisory |
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221 | 217 | | board may be removed as provided by Section 51.209. |
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222 | 218 | | Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A member |
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223 | 219 | | of the advisory board may not receive compensation for service on |
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224 | 220 | | the advisory board. |
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225 | 221 | | (b) A member of the advisory board is entitled to |
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226 | 222 | | reimbursement for actual and necessary expenses incurred in |
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227 | 223 | | performing functions as a member of the advisory board, subject to |
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228 | 224 | | any applicable limitation on reimbursement provided by the General |
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229 | 225 | | Appropriations Act. |
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230 | 226 | | SUBCHAPTER D. POWERS AND DUTIES |
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231 | 227 | | Sec. 506.151. GENERAL POWERS AND DUTIES. (a) The |
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232 | 228 | | commission shall adopt rules consistent with this chapter for the |
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233 | 229 | | administration and enforcement of this chapter. |
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234 | 230 | | (b) The department shall: |
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235 | 231 | | (1) administer and enforce this chapter; |
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236 | 232 | | (2) evaluate the qualifications of license |
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237 | 233 | | applicants; |
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238 | 234 | | (3) provide for the examination of license applicants; |
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239 | 235 | | (4) issue licenses; |
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240 | 236 | | (5) in connection with a hearing under this chapter, |
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241 | 237 | | issue subpoenas, examine witnesses, and administer oaths under the |
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242 | 238 | | laws of this state; and |
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243 | 239 | | (6) investigate persons engaging in practices that |
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244 | 240 | | violate this chapter. |
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245 | 241 | | (c) The commission or executive director may deny, revoke, |
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246 | 242 | | or suspend a license or may otherwise discipline a license holder in |
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247 | 243 | | accordance with Section 51.353. |
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248 | 244 | | Sec. 506.152. STANDARDS OF ETHICAL PRACTICE. The |
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249 | 245 | | commission shall adopt rules under this chapter that establish |
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250 | 246 | | standards of ethical practice. |
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251 | 247 | | Sec. 506.153. ASSISTANCE FILING COMPLAINT. The department, |
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252 | 248 | | in accordance with Section 51.252, shall provide reasonable |
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253 | 249 | | assistance to a person who wishes to file a complaint with the |
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254 | 250 | | department regarding a person or activity regulated under this |
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255 | 251 | | chapter. |
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256 | 252 | | Sec. 506.154. FEES. The commission by rule shall set fees |
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257 | 253 | | in amounts reasonable and necessary to cover the costs of |
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258 | 254 | | administering this chapter. |
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259 | 255 | | SUBCHAPTER E. PUBLIC INTEREST INFORMATION |
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260 | 256 | | AND COMPLAINT PROCEDURES |
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261 | 257 | | Sec. 506.201. TELEPHONE NUMBER FOR COMPLAINTS. The |
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262 | 258 | | department shall list with its regular telephone number any |
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263 | 259 | | toll-free telephone number established under other state law that |
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264 | 260 | | may be called to present a complaint about a health professional. |
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265 | 261 | | Sec. 506.202. CONFIDENTIALITY OF COMPLAINT INFORMATION. |
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266 | 262 | | (a) Except as provided by Subsection (b), a complaint and |
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267 | 263 | | investigation concerning a license holder and all information and |
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268 | 264 | | materials compiled by the department in connection with the |
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269 | 265 | | complaint and investigation are not subject to: |
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270 | 266 | | (1) disclosure under Chapter 552, Government Code; or |
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271 | 267 | | (2) disclosure, discovery, subpoena, or other means of |
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272 | 268 | | legal compulsion for release of information to any person. |
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273 | 269 | | (b) A complaint or investigation subject to Subsection (a) |
---|
274 | 270 | | and all information and materials compiled by the department in |
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275 | 271 | | connection with the complaint, in accordance with Chapter 611, |
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276 | 272 | | Health and Safety Code, may be disclosed to: |
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277 | 273 | | (1) the department and its employees or agents |
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278 | 274 | | involved in license holder discipline; |
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279 | 275 | | (2) a party to a disciplinary action against the |
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280 | 276 | | license holder or that party's designated representative; |
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281 | 277 | | (3) a law enforcement agency if required by law; |
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282 | 278 | | (4) a governmental agency if: |
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283 | 279 | | (A) the disclosure is required or permitted by |
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284 | 280 | | law; and |
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285 | 281 | | (B) the agency obtaining the disclosure protects |
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286 | 282 | | the identity of any patient whose records are examined; or |
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287 | 283 | | (5) the legislature. |
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288 | 284 | | (c) The department shall protect the identity of any patient |
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289 | 285 | | whose records are examined in connection with a disciplinary |
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290 | 286 | | investigation or proceeding against a license holder, except: |
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291 | 287 | | (1) a patient who initiates the disciplinary action; |
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292 | 288 | | or |
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293 | 289 | | (2) a patient who has submitted a written consent to |
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294 | 290 | | release the records. |
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295 | 291 | | SUBCHAPTER F. LICENSE REQUIREMENTS |
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296 | 292 | | Sec. 506.251. LICENSE REQUIRED. (a) Except as provided by |
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297 | 293 | | Subchapter B, a person may not engage in the practice of applied |
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298 | 294 | | behavior analysis unless the person holds a license under this |
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299 | 295 | | chapter. |
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300 | 296 | | (b) A person may not use the title "licensed behavior |
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301 | 297 | | analyst" or "licensed assistant behavior analyst," as appropriate, |
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302 | 298 | | unless the person is licensed under this chapter. |
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303 | 299 | | (c) Except as provided by Subchapter B, a person may not use |
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304 | 300 | | the title "behavior analyst" unless the person is licensed under |
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305 | 301 | | this chapter. |
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306 | 302 | | Sec. 506.252. LICENSE APPLICATION. Each applicant for a |
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307 | 303 | | license under this chapter must submit an application and the |
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308 | 304 | | required fees to the department. The application must include |
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309 | 305 | | sufficient evidence, as defined by commission rules, that the |
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310 | 306 | | applicant has successfully completed a state-approved criminal |
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311 | 307 | | background check. |
---|
315 | 311 | | (1) is currently certified by the certifying entity as |
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316 | 312 | | a Board Certified Behavior Analyst or a Board Certified Behavior |
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317 | 313 | | Analyst--Doctoral or an equivalent certification issued by the |
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318 | 314 | | certifying entity; |
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319 | 315 | | (2) has met the educational requirements of the Board |
---|
320 | 316 | | Certified Behavior Analyst standard or the Board Certified Behavior |
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321 | 317 | | Analyst--Doctoral standard or an equivalent standard adopted by the |
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322 | 318 | | certifying entity; |
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323 | 319 | | (3) has passed the Board Certified Behavior Analyst |
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324 | 320 | | examination, or an equivalent examination offered by the certifying |
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325 | 321 | | entity, in applied behavior analysis; |
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326 | 322 | | (4) is in compliance with all professional, ethical, |
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327 | 323 | | and disciplinary standards established by the certifying entity; |
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328 | 324 | | and |
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329 | 325 | | (5) is not subject to any disciplinary action by the |
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330 | 326 | | certifying entity. |
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331 | 327 | | Sec. 506.254. REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR |
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332 | 328 | | ANALYST. An applicant for a license as a licensed assistant |
---|
333 | 329 | | behavior analyst must present evidence to the department that the |
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334 | 330 | | applicant: |
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335 | 331 | | (1) is currently certified by the certifying entity as |
---|
336 | 332 | | a Board Certified Assistant Behavior Analyst or an equivalent |
---|
337 | 333 | | certification issued by the certifying entity; |
---|
338 | 334 | | (2) has met the educational requirements of the Board |
---|
339 | 335 | | Certified Assistant Behavior Analyst standard or an equivalent |
---|
340 | 336 | | standard adopted by the certifying entity; |
---|
341 | 337 | | (3) has passed the Board Certified Assistant Behavior |
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342 | 338 | | Analyst examination, or an equivalent examination offered by the |
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343 | 339 | | certifying entity, in applied behavior analysis; |
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344 | 340 | | (4) is in compliance with all professional, ethical, |
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345 | 341 | | and disciplinary standards established by the certifying entity; |
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346 | 342 | | (5) is not subject to any disciplinary action by the |
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347 | 343 | | certifying entity; and |
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348 | 344 | | (6) is currently supervised by a licensed behavior |
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349 | 345 | | analyst in accordance with the requirements of the certifying |
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350 | 346 | | entity. |
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351 | 347 | | Sec. 506.255. ISSUANCE OF LICENSE. The department shall |
---|
352 | 348 | | issue a license as a licensed behavior analyst or a licensed |
---|
353 | 349 | | assistant behavior analyst, as appropriate, to an applicant who: |
---|
354 | 350 | | (1) complies with the requirements of this chapter; |
---|
355 | 351 | | (2) meets any additional requirements the commission |
---|
356 | 352 | | establishes by rule; and |
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357 | 353 | | (3) pays the required fees. |
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358 | 354 | | Sec. 506.256. RECIPROCITY. (a) The department shall issue |
---|
359 | 355 | | a license to a person who is currently licensed as a behavior |
---|
360 | 356 | | analyst or as an assistant behavior analyst from another state or |
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361 | 357 | | jurisdiction that imposes licensure requirements similar to those |
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362 | 358 | | specified in this chapter. |
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363 | 359 | | (b) An applicant for a reciprocal license shall: |
---|
364 | 360 | | (1) submit evidence to the department that the |
---|
365 | 361 | | applicant: |
---|
366 | 362 | | (A) is in good standing as determined by the |
---|
367 | 363 | | department; |
---|
368 | 364 | | (B) holds a valid license from another state or |
---|
369 | 365 | | jurisdiction; and |
---|
370 | 366 | | (C) is in compliance with other requirements |
---|
371 | 367 | | established by Section 506.252, 506.253, 506.254, or 506.255, as |
---|
372 | 368 | | appropriate; and |
---|
373 | 369 | | (2) pay the required fees. |
---|
374 | 370 | | Sec. 506.257. RETIREMENT STATUS. The commission by rule |
---|
375 | 371 | | may adopt a system for placing a person licensed under this chapter |
---|
376 | 372 | | on retirement status. |
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377 | 373 | | SUBCHAPTER G. LICENSE RENEWAL |
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378 | 374 | | Sec. 506.301. LICENSE EXPIRATION. A license issued under |
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379 | 375 | | this chapter expires on the second anniversary of the date of |
---|
380 | 376 | | issuance. |
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381 | 377 | | Sec. 506.302. LICENSE RENEWAL. Before the expiration of a |
---|
382 | 378 | | license, a license may be renewed by: |
---|
383 | 379 | | (1) submitting an application for renewal; |
---|
384 | 380 | | (2) paying the renewal fee imposed by the commission; |
---|
385 | 381 | | and |
---|
386 | 382 | | (3) providing verification to the department of |
---|
387 | 383 | | continued certification by the certifying entity, which signifies |
---|
388 | 384 | | that the applicant for renewal has met any continuing education |
---|
389 | 385 | | requirements established by the certifying entity. |
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390 | 386 | | SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINARY PROCEDURES |
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391 | 387 | | Sec. 506.351. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY |
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392 | 388 | | ACTION. After a hearing, the commission or executive director may |
---|
393 | 389 | | deny a license to an applicant, suspend or revoke a person's |
---|
394 | 390 | | license, or place on probation a license holder if the applicant or |
---|
395 | 391 | | license holder: |
---|
396 | 392 | | (1) violates this chapter, a commission rule, or an |
---|
397 | 393 | | order of the commission or the executive director; |
---|
398 | 394 | | (2) obtains a license by means of fraud, |
---|
399 | 395 | | misrepresentation, or concealment of a material fact; |
---|
400 | 396 | | (3) sells, barters, or offers to sell or barter a |
---|
401 | 397 | | license; or |
---|
402 | 398 | | (4) engages in unprofessional conduct that: |
---|
403 | 399 | | (A) endangers or is likely to endanger the |
---|
404 | 400 | | health, welfare, or safety of the public as defined by commission |
---|
405 | 401 | | rule; or |
---|
406 | 402 | | (B) violates the code of ethics adopted and |
---|
407 | 403 | | published by the commission. |
---|
408 | 404 | | SUBCHAPTER I. ENFORCEMENT PROCEDURES |
---|
409 | 405 | | Sec. 506.401. ENFORCEMENT PROCEEDINGS. The commission, |
---|
410 | 406 | | department, or executive director may enforce this chapter, a rule |
---|
411 | 407 | | adopted under this chapter, or an order of the commission or |
---|
412 | 408 | | executive director as provided by Subchapters F and G, Chapter 51. |
---|
413 | 409 | | SECTION 3. (a) As soon as practicable after the effective |
---|
414 | 410 | | date of this Act, the presiding officer of the Texas Commission of |
---|
415 | 411 | | Licensing and Regulation shall appoint nine members to the Behavior |
---|
416 | 412 | | Analyst Advisory Board in accordance with Chapter 506, Occupations |
---|
417 | 413 | | Code, as added by this Act. In making the initial appointments, the |
---|
418 | 414 | | presiding officer of the commission shall designate three members |
---|
419 | 415 | | for terms expiring February 1, 2019, three members for terms |
---|
420 | 416 | | expiring February 1, 2021, and three members for terms expiring |
---|
421 | 417 | | February 1, 2023. |
---|
422 | 418 | | (b) Notwithstanding Section 506.101, Occupations Code, as |
---|
423 | 419 | | added by this Act, a person who meets the requirements of Section |
---|
424 | 420 | | 506.253 or 506.254, Occupations Code, as added by this Act, may be |
---|
425 | 421 | | appointed as an initial behavior analyst or assistant behavior |
---|
426 | 422 | | analyst member of the Behavior Analyst Advisory Board, as |
---|
427 | 423 | | applicable, regardless of whether the person holds a license issued |
---|
428 | 424 | | under Chapter 506, Occupations Code, as added by this Act. |
---|
429 | 425 | | SECTION 4. Not later than April 1, 2018, the Texas |
---|
430 | 426 | | Commission of Licensing and Regulation shall adopt the rules, |
---|
431 | 427 | | procedures, and fees necessary to administer Chapter 506, |
---|
432 | 428 | | Occupations Code, as added by this Act. |
---|
433 | 429 | | SECTION 5. Notwithstanding Chapter 506, Occupations Code, |
---|
434 | 430 | | as added by this Act, a behavior analyst or assistant behavior |
---|
435 | 431 | | analyst is not required to hold a license under that chapter to |
---|
436 | 432 | | practice as a licensed behavior analyst or licensed assistant |
---|
437 | 433 | | behavior analyst in this state before September 1, 2018. |
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