By: Lucio, et al.	S.B. No. 589

	A BILL TO BE ENTITLED
	AN ACT
	relating to the licensing and regulation of behavior analysts and
	assistant behavior analysts; requiring an occupational license;
	imposing fees; providing a civil penalty; creating a criminal
	offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 51.2031(a), Occupations Code, is amended
	to read as follows:
	(a)  This section applies only to the regulation of the
	following professions by the department:
	(1)  athletic trainers;
	(2)  behavior analysts;
	(3)  dietitians;
	(4) [(3)]  hearing instrument fitters and dispensers;
	(5) [(4)]  midwives;
	(6) [(5)]  orthotists and prosthetists; and
	(7) [(6)]  speech-language pathologists and
	audiologists.
	SECTION 2.  Subtitle I, Title 3, Occupations Code, is
	amended by adding Chapter 506 to read as follows:
	CHAPTER 506.  BEHAVIOR ANALYSTS
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 506.001.  SHORT TITLE.  This chapter may be cited as the
	Behavior Analyst Licensing Act.
	Sec. 506.002.  DEFINITIONS.  In this chapter:
	(1)  "Advisory board" means the Behavior Analyst
	Advisory Board.
	(2)  "Certifying entity" means the nationally
	accredited Behavior Analyst Certification Board or another entity
	that is accredited by the National Commission for Certifying
	Agencies or the American National Standards Institute to issue
	credentials in the professional practice of applied behavior
	analysis and approved by the department.
	(3)  "Commission" means the Texas Commission of
	Licensing and Regulation.
	(4)  "Department" means the Texas Department of
	Licensing and Regulation.
	(5)  "Executive director" means the executive director
	of the department.
	(6)  "License holder" means a person licensed under
	this chapter.
	(7)  "Licensed assistant behavior analyst" means a
	person who is certified by the certifying entity as a Board
	Certified Assistant Behavior Analyst or who has an equivalent
	certification issued by the certifying entity and who meets the
	requirements specified by Sections 506.252 and 506.254.
	(8)  "Licensed behavior analyst" means a person who is
	certified by the certifying entity as a Board Certified Behavior
	Analyst or a Board Certified Behavior Analyst--Doctoral or who has
	an equivalent certification issued by the certifying entity and who
	meets the requirements specified by Sections 506.252 and 506.253.
	(9)  "Physician" means a person licensed to practice
	medicine by the Texas Medical Board.
	Sec. 506.003.  PRACTICE OF APPLIED BEHAVIOR ANALYSIS.
	(a)  The practice of applied behavior analysis is the design,
	implementation, and evaluation of instructional and environmental
	modifications to produce socially significant improvements in
	human behavior.
	(b)  The practice of applied behavior analysis includes the
	empirical identification of functional relations between behavior
	and environmental factors, known as functional assessment or
	functional analysis.
	(c)  Applied behavior analysis interventions:
	(1)  are based on scientific research and the direct
	observation and measurement of behavior and environment; and
	(2)  use contextual factors, motivating operations,
	antecedent stimuli, positive reinforcement, and other procedures
	to help individuals develop new behaviors, increase or decrease
	existing behaviors, and elicit or evoke behaviors under specific
	environmental conditions.
	(d)  The practice of applied behavior analysis does not
	include:
	(1)  psychological testing, psychotherapy, cognitive
	therapy, psychoanalysis, hypnotherapy, or counseling as treatment
	modalities; or
	(2)  the diagnosis of disorders.
	SUBCHAPTER B.  APPLICATION OF CHAPTER; USE OF TITLE
	Sec. 506.051.  LICENSED PSYCHOLOGISTS.  This chapter does
	not apply to a person licensed to practice psychology in this state
	if the applied behavior analysis services provided are within the
	scope of the licensed psychologist's education, training, and
	competence.
	Sec. 506.052.  OTHER LICENSED PROFESSIONALS.  This chapter
	does not apply to a person licensed to practice another profession
	in this state if the applied behavior analysis services provided
	are within:
	(1)  the scope of practice of the person's license under
	state law; and
	(2)  the scope of the person's education, training, and
	competence.
	Sec. 506.053.  FAMILY MEMBERS AND GUARDIANS.  This chapter
	does not apply to a family member or guardian of a recipient of
	applied behavior analysis services who is implementing a behavior
	analysis treatment plan for the recipient under the extended
	authority and direction of a licensed behavior analyst or licensed
	assistant behavior analyst.
	Sec. 506.054.  PARAPROFESSIONALS.  This chapter does not
	apply to a paraprofessional technician who delivers applied
	behavior analysis services if:
	(1)  the applied behavior analysis services are
	provided under the extended authority and direction of a licensed
	behavior analyst or licensed assistant behavior analyst; and
	(2)  the person is designated as an "applied behavior
	analysis technician," "behavior technician," "tutor," or
	"front-line therapist."
	Sec. 506.055.  STUDENTS, INTERNS, AND FELLOWS. This chapter
	does not apply to an applied behavior analysis activity or service
	of a college or university student, intern, or fellow if:
	(1)  the activity or service is part of a defined
	behavior analysis program of study, course, practicum, internship,
	or postdoctoral fellowship;
	(2)  the activity or service is directly supervised by
	a licensed behavior analyst or an instructor in a course sequence
	approved by the certifying entity; and
	(3)  the person is designated as a "student," "intern,"
	"fellow," or "trainee."
	Sec. 506.056.  SUPERVISED EXPERIENCE.  This chapter does not
	apply to an unlicensed person pursuing supervised experience in
	applied behavior analysis if the supervised experience is
	consistent with the requirements of the certifying entity and
	commission rules.
	Sec. 506.057.  TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM
	ANOTHER STATE.  (a)  This chapter does not apply to a behavior
	analyst licensed in another jurisdiction or certified by the
	certifying entity if the activities and services conducted in this
	state:
	(1)  are within the behavior analyst's customary area
	of practice;
	(2)  are conducted not more than 20 days in a calendar
	year; and
	(3)  are not otherwise in violation of this chapter.
	(b)  A behavior analyst described by Subsection (a) shall
	inform the recipient of applied behavior analysis services, or a
	parent or guardian of the recipient if the recipient is under 18
	years of age, that:
	(1)  the behavior analyst is not licensed in this
	state; and
	(2)  the activities and services provided by the
	behavior analyst are time-limited.
	Sec. 506.058.  TEACHER OR EMPLOYEE OF SCHOOL DISTRICT.
	(a)  This chapter does not apply to a teacher or employee of a
	private or public school who provides applied behavior analysis
	services if the teacher or employee is performing duties within the
	scope of the teacher's or employee's employment.
	(b)  A person described by Subsection (a) may not:
	(1)  represent that the person is a behavior analyst,
	unless the applied behavior analysis services provided are within
	the person's education, training, and competence;
	(2)  offer applied behavior analysis services to any
	person, other than within the scope of the person's employment
	duties for the school; or
	(3)  receive compensation for providing applied
	behavior analysis services, other than the compensation that the
	person receives from the person's school employer.
	Sec. 506.059.  USE OF TITLE "BEHAVIOR ANALYST." (a)  This
	chapter does not apply to a person described by Subsection (b).
	(b)  A person may use the title "behavior analyst" if the
	person:
	(1)  is a behavior analyst who practices with
	nonhumans, including an applied animal behaviorist or an animal
	trainer;
	(2)  teaches behavior analysis or conducts behavior
	analytic research if the teaching or research activities do not
	involve the delivery or supervision of applied behavior analysis
	services; or
	(3)  is a professional who provides general applied
	behavior analysis services to organizations if those services:
	(A)  are for the benefit of the organization; and
	(B)  do not involve direct services to
	individuals.
	SUBCHAPTER C.  BEHAVIOR ANALYST ADVISORY BOARD
	Sec. 506.101.  ADVISORY BOARD MEMBERSHIP. (a)  The advisory
	board is composed of nine members appointed by the presiding
	officer of the commission with the approval of the commission as
	follows:
	(1)  four licensed behavior analysts, at least one of
	whom must be certified as a Board Certified Behavior
	Analyst--Doctoral or hold an equivalent certification issued by the
	certifying entity;
	(2)  one licensed assistant behavior analyst;
	(3)  one physician who has experience providing mental
	health or behavioral health services; and
	(4)  three members who represent the public and who are
	either former recipients of applied behavior analysis services or
	the parent or guardian of a current or former recipient of applied
	behavior analysis services.
	(b)  To be qualified for appointment under Subsection
	(a)(1), a person must have at least five years of experience as a
	licensed behavior analyst after being certified by the certifying
	entity.
	(c)  Appointments to the advisory board shall be made without
	regard to the race, color, disability, sex, religion, age, or
	national origin of the appointee.
	Sec. 506.102.  DUTIES OF ADVISORY BOARD.  The advisory board
	shall provide advice and recommendations to the department on
	technical matters relevant to the administration of this chapter.
	Sec. 506.103.  TERMS; VACANCY. (a)  Members of the advisory
	board serve staggered six-year terms, with the terms of three
	members expiring February 1 of each odd-numbered year.
	(b)  A member may not serve more than two consecutive
	six-year terms.
	(c)  If a vacancy occurs during a member's term, the
	presiding officer of the commission, with the commission's
	approval, shall appoint a replacement who meets the qualifications
	for the vacant position to serve for the remainder of the term.
	Sec. 506.104.  PRESIDING OFFICER. The presiding officer of
	the commission shall designate a member of the advisory board to
	serve as the presiding officer of the advisory board for a term of
	one year. The presiding officer of the advisory board may vote on
	any matter before the advisory board.
	Sec. 506.105.  MEETINGS. The advisory board shall meet at
	least twice each year and at the call of the presiding officer of
	the commission or the executive director.
	SUBCHAPTER D.  POWERS AND DUTIES
	Sec. 506.151.  GENERAL POWERS AND DUTIES. (a)  The
	executive director shall administer and enforce this chapter.
	(b)  The department shall:
	(1)  evaluate the qualifications of license
	applicants;
	(2)  provide for the examination of license applicants;
	(3)  in connection with a hearing under this chapter,
	issue subpoenas, examine witnesses, and administer oaths under the
	laws of this state; and
	(4)  investigate persons engaging in practices that
	violate this chapter.
	Sec. 506.152.  STANDARDS OF ETHICAL PRACTICE. The
	commission shall adopt rules under this chapter that establish
	standards of ethical practice.
	Sec. 506.153.  ASSISTANCE FILING COMPLAINT. The department
	shall provide reasonable assistance to a person who wishes to file a
	complaint with the department regarding a person or activity
	regulated under this chapter.
	SUBCHAPTER E.  PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
	Sec. 506.201.  TELEPHONE NUMBER FOR COMPLAINTS. The
	department shall list with its regular telephone number any
	toll-free telephone number established under other state law that
	may be called to present a complaint about a health professional.
	Sec. 506.202.  CONFIDENTIALITY OF COMPLAINT INFORMATION.
	(a)  Except as provided by Subsection (b), a complaint and
	investigation concerning a license holder and all information and
	materials compiled by the department in connection with the
	complaint and investigation are not subject to:
	(1)  disclosure under Chapter 552, Government Code; or
	(2)  disclosure, discovery, subpoena, or other means of
	legal compulsion for release of information to any person.
	(b)  A complaint or investigation subject to Subsection (a)
	and all information and materials compiled by the department in
	connection with the complaint, in accordance with Chapter 611,
	Health and Safety Code, may be disclosed to:
	(1)  the department and its employees or agents
	involved in license holder discipline;
	(2)  a party to a disciplinary action against the
	license holder or that party's designated representative;
	(3)  a law enforcement agency if required by law;
	(4)  a governmental agency if:
	(A)  the disclosure is required or permitted by
	law; and
	(B)  the agency obtaining the disclosure protects
	the identity of any patient whose records are examined; or
	(5)  the legislature.
	(c)  The department shall protect the identity of any patient
	whose records are examined in connection with a disciplinary
	investigation or proceeding against a license holder, except:
	(1)  a patient who initiates the disciplinary action;
	or
	(2)  a patient who has submitted a written consent to
	release the records.
	SUBCHAPTER F.  LICENSE REQUIREMENTS
	Sec. 506.251.  LICENSE REQUIRED.  (a)  Except as provided by
	Subchapter B, a person may not engage in the practice of applied
	behavior analysis unless the person holds a license under this
	chapter.
	(b)  A person may not use the title "licensed behavior
	analyst" or "licensed assistant behavior analyst," as appropriate,
	unless the person is licensed under this chapter.
	(c)  Except as provided by Subchapter B, a person may not use
	the title "behavior analyst" unless the person is licensed under
	this chapter.
	Sec. 506.252.  LICENSE APPLICATION.  Each applicant for a
	license under this chapter must submit an application and the
	required fees to the department. The application must include
	sufficient evidence, as defined by commission rules, that the
	applicant has successfully completed a state-approved criminal
	background check.
	Sec. 506.253.  REQUIREMENTS FOR LICENSED BEHAVIOR ANALYST.
	An applicant for a license as a licensed behavior analyst must
	present evidence to the department that the applicant:
	(1)  is currently certified by the certifying entity as
	a Board Certified Behavior Analyst or a Board Certified Behavior
	Analyst--Doctoral or an equivalent certification issued by the
	certifying entity;
	(2)  has met the educational requirements of the Board
	Certified Behavior Analyst standard or the Board Certified Behavior
	Analyst--Doctoral standard or an equivalent standard adopted by the
	certifying entity;
	(3)  has passed the Board Certified Behavior Analyst
	examination, or an equivalent examination offered by the certifying
	entity, in applied behavior analysis;
	(4)  is in compliance with all professional, ethical,
	and disciplinary standards established by the certifying entity;
	and
	(5)  is not subject to any disciplinary action by the
	certifying entity.
	Sec. 506.254.  REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR
	ANALYST.  An applicant for a license as a licensed assistant
	behavior analyst must present evidence to the department that the
	applicant:
	(1)  is currently certified by the certifying entity as
	a Board Certified Assistant Behavior Analyst or an equivalent
	certification issued by the certifying entity;
	(2)  has met the educational requirements of the Board
	Certified Assistant Behavior Analyst standard or an equivalent
	standard adopted by the certifying entity;
	(3)  has passed the Board Certified Assistant Behavior
	Analyst examination, or an equivalent examination offered by the
	certifying entity, in applied behavior analysis;
	(4)  is in compliance with all professional, ethical,
	and disciplinary standards established by the certifying entity;
	(5)  is not subject to any disciplinary action by the
	certifying entity; and
	(6)  is currently supervised by a licensed behavior
	analyst in accordance with the requirements of the certifying
	entity.
	Sec. 506.255.  ISSUANCE OF LICENSE. The department shall
	issue a license as a licensed behavior analyst or a licensed
	assistant behavior analyst, as appropriate, to an applicant who:
	(1)  complies with the requirements of this chapter;
	(2)  meets any additional requirements the commission
	establishes by rule; and
	(3)  pays the required fees.
	Sec. 506.256.  RECIPROCITY. (a)  The department shall issue
	a license to a person who is currently licensed as a behavior
	analyst or as an assistant behavior analyst from another state or
	jurisdiction that imposes licensure requirements similar to those
	specified in this chapter.
	(b)  An applicant for a reciprocal license shall:
	(1)  submit evidence to the department that the
	applicant:
	(A)  is in good standing as determined by the
	department;
	(B)  holds a valid license from another state or
	jurisdiction; and
	(C)  is in compliance with other requirements
	established by Section 506.252, 506.253, 506.254, or 506.255, as
	appropriate; and
	(2)  pay the required fees.
	Sec. 506.257.  RETIREMENT STATUS. The commission by rule
	may adopt a system for placing a person licensed under this chapter
	on retirement status.
	SUBCHAPTER G.  LICENSE RENEWAL
	Sec. 506.301.  LICENSE EXPIRATION. A license issued under
	this chapter expires on the second anniversary of the date of
	issuance.
	Sec. 506.302.  LICENSE RENEWAL.  Before the expiration of a
	license, a license may be renewed by:
	(1)  submitting an application for renewal;
	(2)  paying the renewal fee imposed by the commission;
	and
	(3)  providing verification to the department of
	continued certification by the certifying entity, which signifies
	that the applicant for renewal has met any continuing education
	requirements established by the certifying entity.
	SUBCHAPTER H.  LICENSE DENIAL AND DISCIPLINARY PROCEDURES
	Sec. 506.351.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
	ACTION. After a hearing, the commission or executive director may
	deny a license to an applicant, suspend or revoke a person's
	license, or place on probation a license holder if the applicant or
	license holder:
	(1)  violates this chapter or a commission order or
	rule;
	(2)  obtains a license by means of fraud,
	misrepresentation, or concealment of a material fact;
	(3)  sells, barters, or offers to sell or barter a
	license; or
	(4)  engages in unprofessional conduct that:
	(A)  endangers or is likely to endanger the
	health, welfare, or safety of the public as defined by commission
	rule; or
	(B)  violates the code of ethics adopted and
	published by the commission.
	SUBCHAPTER I.  PENALTIES AND ENFORCEMENT PROCEDURES
	Sec. 506.401.  AMOUNT OF ADMINISTRATIVE PENALTY. The amount
	of an administrative penalty imposed against a person licensed
	under this chapter who violates this chapter or a rule or order
	adopted under this chapter may not exceed $200.  Each day a
	violation continues or occurs is a separate violation for the
	purpose of imposing a penalty.
	Sec. 506.402.  CIVIL PENALTY. (a)  A person found by a court
	to have violated this chapter is liable to this state for a civil
	penalty of $200 for each day the violation continues.
	(b)  A civil penalty may be recovered in a suit brought by the
	attorney general, a district attorney, or a county attorney.
	Sec. 506.403.  CRIMINAL OFFENSE. (a)  A person commits an
	offense if the person knowingly violates this chapter.
	(b)  An offense under this section is a Class A misdemeanor.
	SECTION 3.  As soon as practicable after the effective date
	of this Act, the presiding officer of the Texas Commission of
	Licensing and Regulation shall appoint nine members to the Behavior
	Analyst Advisory Board in accordance with Chapter 506, Occupations
	Code, as added by this Act. In making the initial appointments, the
	presiding officer of the commission shall designate three members
	for terms expiring February 1, 2019, three members for terms
	expiring February 1, 2021, and three members for terms expiring
	February 1, 2023.
	SECTION 4.  Not later than January 1, 2018, the Texas
	Commission of Licensing and Regulation shall adopt the rules,
	procedures, and fees necessary to administer Chapter 506,
	Occupations Code, as added by this Act.
	SECTION 5.  Notwithstanding Chapter 506, Occupations Code,
	as added by this Act, a behavior analyst or assistant behavior
	analyst is not required to hold a license under that chapter to
	practice as a licensed behavior analyst or licensed assistant
	behavior analyst in this state before June 1, 2018.
	SECTION 6.  (a)  Except as provided by Subsection (b) of
	this section, this Act takes effect September 1, 2017.
	(b)  Section 506.251, Occupations Code, and Subchapter I,
	Chapter 506, Occupations Code, as added by this Act, take effect
	June 1, 2018.