87R3271 KKR-D
By: Coleman H.B. No. 3077
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of applied behavior analysis
paraprofessional technicians; requiring a registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 506, Occupations Code, is
amended by adding Section 506.258 to read as follows:
Sec. 506.258. REGISTRATION OF PARAPROFESSIONAL TECHNICIAN.
(a) A person may deliver applied behavior analysis services under
the extended authority and direction of a licensed behavior analyst
or licensed assistant behavior analyst only if the person is
registered with the department as a paraprofessional technician. A
person registered under this section shall be designated as an
"applied behavior analysis technician," "behavior technician,"
"tutor," or "front-line therapist."
(b) The department shall register a person as a
paraprofessional technician if the person:
(1) applies for registration in the manner and on a
form prescribed by the department;
(2) pays the application fee set by the commission;
and
(3) meets the requirements for registration
established by the commission.
(c) The commission by rule shall establish requirements
for:
(1) obtaining and renewing a registration under this
section; and
(2) the supervision by a license holder of a
paraprofessional technician, including the maximum number of
paraprofessional technicians who may deliver services under a
license holder's supervision.
(d) A person who violates this section or a rule adopted
under this section is subject to the enforcement provisions of
Subchapter I.
SECTION 2. Effective January 1, 2022, Section 506.054,
Occupations Code, is repealed.
SECTION 3. Not later than December 1, 2021, the Texas
Commission of Licensing and Regulation shall adopt rules necessary
to implement Section 506.258, Occupations Code, as added by this
Act.
SECTION 4. Notwithstanding Section 506.258, Occupations
Code, as added by this Act:
(1) a person is not required to register as a
paraprofessional technician under that section before January 1,
2022; and
(2) Subchapter I, Chapter 506, Occupations Code, does
not apply to conduct described by that section before January 1,
2022.
SECTION 5. Except as otherwise provided by this Act, this
Act takes effect September 1, 2021.