| 1 | 1 | | 87R3271 KKR-D |
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| 2 | 2 | | By: Coleman H.B. No. 3077 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of applied behavior analysis |
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| 8 | 8 | | paraprofessional technicians; requiring a registration. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 506, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 506.258 to read as follows: |
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| 12 | 12 | | Sec. 506.258. REGISTRATION OF PARAPROFESSIONAL TECHNICIAN. |
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| 13 | 13 | | (a) A person may deliver applied behavior analysis services under |
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| 14 | 14 | | the extended authority and direction of a licensed behavior analyst |
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| 15 | 15 | | or licensed assistant behavior analyst only if the person is |
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| 16 | 16 | | registered with the department as a paraprofessional technician. A |
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| 17 | 17 | | person registered under this section shall be designated as an |
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| 18 | 18 | | "applied behavior analysis technician," "behavior technician," |
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| 19 | 19 | | "tutor," or "front-line therapist." |
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| 20 | 20 | | (b) The department shall register a person as a |
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| 21 | 21 | | paraprofessional technician if the person: |
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| 22 | 22 | | (1) applies for registration in the manner and on a |
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| 23 | 23 | | form prescribed by the department; |
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| 24 | 24 | | (2) pays the application fee set by the commission; |
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| 25 | 25 | | and |
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| 26 | 26 | | (3) meets the requirements for registration |
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| 27 | 27 | | established by the commission. |
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| 28 | 28 | | (c) The commission by rule shall establish requirements |
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| 29 | 29 | | for: |
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| 30 | 30 | | (1) obtaining and renewing a registration under this |
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| 31 | 31 | | section; and |
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| 32 | 32 | | (2) the supervision by a license holder of a |
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| 33 | 33 | | paraprofessional technician, including the maximum number of |
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| 34 | 34 | | paraprofessional technicians who may deliver services under a |
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| 35 | 35 | | license holder's supervision. |
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| 36 | 36 | | (d) A person who violates this section or a rule adopted |
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| 37 | 37 | | under this section is subject to the enforcement provisions of |
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| 38 | 38 | | Subchapter I. |
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| 39 | 39 | | SECTION 2. Effective January 1, 2022, Section 506.054, |
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| 40 | 40 | | Occupations Code, is repealed. |
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| 41 | 41 | | SECTION 3. Not later than December 1, 2021, the Texas |
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| 42 | 42 | | Commission of Licensing and Regulation shall adopt rules necessary |
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| 43 | 43 | | to implement Section 506.258, Occupations Code, as added by this |
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| 44 | 44 | | Act. |
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| 45 | 45 | | SECTION 4. Notwithstanding Section 506.258, Occupations |
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| 46 | 46 | | Code, as added by this Act: |
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| 47 | 47 | | (1) a person is not required to register as a |
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| 48 | 48 | | paraprofessional technician under that section before January 1, |
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| 49 | 49 | | 2022; and |
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| 50 | 50 | | (2) Subchapter I, Chapter 506, Occupations Code, does |
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| 51 | 51 | | not apply to conduct described by that section before January 1, |
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| 52 | 52 | | 2022. |
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| 53 | 53 | | SECTION 5. Except as otherwise provided by this Act, this |
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| 54 | 54 | | Act takes effect September 1, 2021. |
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