85R8312 KKR-F     By: Lucio S.B. No. 589       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Texas Board of Behavior   Analyst Examiners and the requirement to obtain a license to   practice as a behavior analyst or assistant behavior analyst;   imposing fees; providing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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)  "Behavior analyst board" means the Texas Board of   Behavior Analyst Examiners.                (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 behavior analyst board.                (3)  "Executive director" means the executive director   of the medical board.                (4)  "License holder" means a person licensed under   this chapter.                (5)  "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.                (6)  "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.                (7)  "Medical board" means the Texas Medical Board.                (8)  "Physician" means a person licensed to practice   medicine by the 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   behavior analyst board 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.  TEXAS BOARD OF BEHAVIOR ANALYST EXAMINERS          Sec. 506.101.  BOARD MEMBERSHIP.  (a) The behavior analyst   board is composed of nine members appointed by the governor with the   advice and consent of the senate 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 behavior analyst board shall be made   without regard to the race, color, disability, sex, religion, age,   or national origin of the appointee.          Sec. 506.102.  ELIGIBILITY OF PUBLIC MEMBERS.  A person is   not eligible for appointment as a public member of the behavior   analyst board if:                (1)  the person is registered, certified, or licensed   by an occupational regulatory agency in the field of mental health;                (2)  the person's spouse is registered, certified, or   licensed by an occupational regulatory agency in the field of   mental health; or                (3)  the person or the person's spouse:                      (A)  is employed by or participates in the   management of a business entity or other organization receiving   funds from the medical board or the behavior analyst board;                      (B)  owns or controls, directly or indirectly,   more than a 10 percent interest in a business entity or other   organization receiving funds from the medical board or the behavior   analyst board; or                      (C)  uses or receives a substantial amount of   funds from the medical board or the behavior analyst board, other   than compensation or reimbursement authorized by law for medical   board or behavior analyst board membership, attendance, or   expenses.          Sec. 506.103.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)   In this section, "Texas trade association" means a cooperative and   voluntarily joined statewide association of business or   professional competitors in this state designed to assist its   members and its industry or profession in dealing with mutual   business or professional problems and in promoting their common   interest.          (b)  A person may not be a member of the behavior analyst   board and may not be an employee of the medical board or the   behavior analyst board employed in a "bona fide executive,   administrative, or professional capacity," as that phrase is used   for purposes of establishing an exemption to the overtime   provisions of the federal Fair Labor Standards Act of 1938 (29   U.S.C. Section 201 et seq.) if:                (1)  the person is an officer, employee, manager, or   paid consultant of a Texas trade association in the field of mental   health; or                (2)  the person's spouse is an officer, employee,   manager, or paid consultant of a Texas trade association in the   field of mental health.          (c)  A person may not be a member of the behavior analyst   board or act as general counsel to the medical board or the behavior   analyst board if the person is required to register as a lobbyist   under Chapter 305, Government Code, because of the person's   activities for compensation on behalf of a profession related to   the operation of the behavior analyst board.          Sec. 506.104.  TERMS; VACANCY.  (a) Members of the behavior   analyst 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 governor   shall appoint a member to fill the unexpired term.          (d)  A member shall serve until a successor is appointed and   assumes office.          Sec. 506.105.  OFFICERS.  At the meeting of the behavior   analyst board held on the date closest to August 31 of each year,   the behavior analyst board shall elect from its members a presiding   officer, a secretary, and any other officers required to conduct   the business of the behavior analyst board.          Sec. 506.106.  GROUNDS FOR REMOVAL.  (a) It is a ground for   removal from the behavior analyst board that a member:                (1)  does not have at the time of taking office the   qualifications required by Section 506.101;                (2)  does not maintain during service on the behavior   analyst board the qualifications required by Section 506.101;                (3)  is ineligible for membership under Sections   506.102 or 506.103;                (4)  cannot, because of illness or disability, complete   the member's duties for a substantial part of the member's term; or                (5)  is absent from more than half of the regularly   scheduled behavior analyst board meetings that the member is   eligible to attend during a calendar year without an excuse   approved by a majority vote of the behavior analyst board.          (b)  The validity of an action of the behavior analyst board   is not affected by the fact that the action is taken when a ground   for removal of a member exists.          (c)  If the executive director has knowledge that a potential   ground for removal exists, the executive director shall notify the   presiding officer of the behavior analyst board of the potential   ground. The presiding officer shall then notify the governor and   the attorney general that a potential ground for removal exists. If   the potential ground for removal involves the presiding officer,   the executive director shall notify the next highest ranking   officer of the behavior analyst board, who shall then notify the   governor and the attorney general that a potential ground for   removal exists.          Sec. 506.107.  COMPENSATION; REIMBURSEMENT.  (a) A   behavior analyst board member may not receive compensation for the   member's services. A member is entitled to a per diem and travel   allowance for each day the member engages in behavior analyst board   business at the rate set for state employees in the General   Appropriations Act.          (b)  The per diem and travel allowance authorized by this   section may be paid only from fees collected under this chapter.          Sec. 506.108.  MEETINGS.  (a) The behavior analyst board   shall meet at least twice each year.          (b)  The behavior analyst board may meet at other times at   the call of the presiding officer or a majority of the members.          Sec. 506.109.  TRAINING PROGRAM FOR MEMBERS.  (a) A person   who is appointed to and qualifies for office as a member of the   behavior analyst board may not vote, deliberate, or be counted as a   member in attendance at a meeting of the behavior analyst board   until the person completes a training program that complies with   this section.          (b)  The training program must provide the person with   information regarding:                (1)  this chapter and the programs, functions, rules,   and budget of the behavior analyst board;                (2)  the results of the most recent formal audit of the   behavior analyst board;                (3)  the requirements of laws relating to open   meetings, public information, administrative procedure, and   conflicts of interest; and                (4)  any applicable ethics policies adopted by the   behavior analyst board or the Texas Ethics Commission.          (c)  A person appointed to the behavior analyst board is   entitled to reimbursement, as provided by the General   Appropriations Act, for the travel expenses incurred in attending   the training program regardless of whether the attendance at the   program occurs before or after the person qualifies for office.          Sec. 506.110.  CIVIL LIABILITY.  A member of the behavior   analyst board is not liable in a civil action for an act performed   in good faith while performing duties as a member.   SUBCHAPTER D.  POWERS AND DUTIES OF BEHAVIOR ANALYST BOARD AND   MEDICAL BOARD          Sec. 506.151.  GENERAL POWERS AND DUTIES OF BEHAVIOR ANALYST   BOARD. (a) Subject to the advice and approval of the medical   board, the behavior analyst board shall:                (1)  adopt rules consistent with this chapter to carry   out the behavior analyst board's duties in administering this   chapter; and                 (2)  establish standards of conduct and adopt a code of   professional ethics for license holders.           (b)  The behavior analyst board shall:                (1)  administer and enforce this chapter;                (2)  determine the qualifications and fitness of each   applicant for a license, license renewal, or temporary license and   review and approve or reject each application for the issuance or   renewal of a license;                (3)  issue each license;                (4)  deny, suspend, or revoke a license or otherwise   discipline a license holder; and                (5)  ensure strict compliance with and enforcement of   this chapter.          Sec. 506.152.  ASSISTANCE BY MEDICAL BOARD. (a) The medical   board shall provide administrative and clerical employees as   necessary to enable the behavior analyst board to administer this   chapter.          (b)  Subject to the advice and approval of the medical board,   the behavior analyst board shall develop and implement policies   that clearly separate the policy-making responsibilities of the   behavior analyst board and the management responsibilities of the   executive director and the staff of the medical board.          Sec. 506.153.  FEES.  (a) The behavior analyst board, with   the advice and approval of the medical board, by rule shall set fees   in amounts reasonable and necessary to cover the costs of   administering this chapter.          (b)  Funds to administer this chapter may be appropriated   only from fees collected under this chapter.          Sec. 506.154.  RULES RESTRICTING ADVERTISING OR COMPETITIVE   BIDDING.  (a) The medical board or behavior analyst board may not   adopt rules restricting advertising or competitive bidding by a   license holder except to prohibit false, misleading, or deceptive   practices.          (b)  The medical board or behavior analyst board may not   include in rules to prohibit false, misleading, or deceptive   practices by a license holder a rule that:                (1)  restricts the license holder's use of any   advertising medium;                (2)  restricts the license holder's personal appearance   or use of the license holder's voice in an advertisement;                (3)  relates to the size or duration of an   advertisement by the license holder; or                (4)  restricts the license holder's advertisement under   a trade name.          Sec. 506.155.  RULES ON CONSEQUENCES OF CRIMINAL   CONVICTION.  (a) The behavior analyst board shall adopt rules   necessary to comply with Chapter 53.          (b)  In the behavior analyst board's rules under this   section, the behavior analyst board shall list the specific   offenses for which a conviction would constitute grounds for the   behavior analyst board to take action under Section 53.021.          Sec. 506.156.  ANNUAL REGISTRY.  (a) The behavior analyst   board shall annually prepare a registry of all license holders.          (b)  The behavior analyst board shall make the registry   available to the public, license holders, and other state agencies.          Sec. 506.157.  BEHAVIOR ANALYST BOARD DUTIES REGARDING   COMPLAINTS.  (a) The behavior analyst board by rule shall:                (1)  adopt a standardized form for filing complaints   with the behavior analyst board; and                (2)  prescribe information to be provided when a person   files a complaint with the behavior analyst board.          (b)  The behavior analyst board shall provide reasonable   assistance to a person who wishes to file a complaint with the   behavior analyst board.          Sec. 506.158.  USE OF TECHNOLOGY.  Subject to the advice and   approval of the medical board, the behavior analyst board shall   implement a policy requiring the behavior analyst board to use   appropriate technological solutions to improve the behavior   analyst board's ability to perform the behavior analyst board's   functions. The policy must ensure that the public is able to   interact with the behavior analyst board on the Internet.          Sec. 506.159.  NEGOTIATED RULEMAKING AND ALTERNATIVE   DISPUTE RESOLUTION POLICY.  (a) Subject to the advice and approval   of the medical board, the behavior analyst board shall develop and   implement a policy to encourage the use of:                (1)  negotiated rulemaking procedures under Chapter   2008, Government Code, for the adoption of behavior analyst board   rules; and                (2)  appropriate alternative dispute resolution   procedures under Chapter 2009, Government Code, to assist in the   resolution of internal and external disputes under the behavior   analyst board's jurisdiction.          (b)  The behavior analyst board's procedures relating to   alternative dispute resolution must conform, to the extent   possible, to any model guidelines issued by the State Office of   Administrative Hearings for the use of alternative dispute   resolution by state agencies.          (c)  The behavior analyst board shall designate a trained   person to:                (1)  coordinate the implementation of the policy   adopted under Subsection (a);                (2)  serve as a resource for any training needed to   implement the procedures for negotiated rulemaking or alternative   dispute resolution; and                (3)  collect data concerning the effectiveness of those   procedures, as implemented by the behavior analyst board.   SUBCHAPTER E.  PUBLIC INTEREST INFORMATION   AND COMPLAINT PROCEDURES          Sec. 506.201.  PUBLIC INTEREST INFORMATION.  (a) The   behavior analyst board shall prepare information of public interest   describing the functions of the behavior analyst board.          (b)  The behavior analyst board shall make the information   available to the public and appropriate state agencies.          Sec. 506.202.  COMPLAINTS.  (a) The behavior analyst board   by rule shall establish methods by which service recipients are   notified of the name, mailing address, and telephone number of the   behavior analyst board for the purpose of directing complaints to   the behavior analyst board. The behavior analyst board may provide   for that notice:                (1)  on each registration form, application, or written   contract for services of a person regulated under this chapter;                (2)  on a sign prominently displayed in the place of   business of each person regulated under this chapter; or                (3)  in a bill for services provided by a person   regulated under this chapter.          (b)  The behavior analyst board 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. 506.203.  INFORMATION ABOUT COMPLAINT ACTIONS.  (a)   The behavior analyst board shall maintain a system to promptly and   efficiently act on complaints filed with the behavior analyst   board. The behavior analyst board shall maintain information about   parties to a complaint, the subject matter of the complaint, a   summary of the results of the review or investigation of the   complaint, and the disposition of the complaint.          (b)  The behavior analyst board shall make information   available describing its procedures for complaint investigation   and resolution.          (c)  The behavior analyst board shall periodically notify   the complaint parties of the status of the complaint until final   disposition.          (d)  The behavior analyst board shall analyze complaints   filed with the behavior analyst board to identify any trends or   issues related to certain violations, including:                (1)  the reason for each complaint;                (2)  how each complaint was resolved; and                (3)  the subject matter of each complaint that was not   within the jurisdiction of the behavior analyst board and how the   behavior analyst board responded to the complaint.          Sec. 506.204.  GENERAL RULES REGARDING COMPLAINT   INVESTIGATION AND DISPOSITION.  The behavior analyst board shall   adopt rules concerning the investigation of a complaint filed with   the behavior analyst board. The rules must:                (1)  distinguish between categories of complaints;                (2)  ensure that a complaint is not dismissed without   appropriate consideration;                (3)  require that the behavior analyst board be advised   of a complaint that is dismissed and that a letter or electronic   communication be sent to the person who filed the complaint   explaining the action taken on the dismissed complaint;                (4)  ensure that the person who filed the complaint has   an opportunity to explain the allegations made in the complaint;   and                (5)  prescribe guidelines concerning the categories of   complaints that require the use of a private investigator and the   procedures for the behavior analyst board to obtain the services of   a private investigator.          Sec. 506.205.  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 behavior analyst board 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 behavior analyst   board in connection with the complaint, in accordance with Chapter   611, Health and Safety Code, may be disclosed to:                (1)  the behavior analyst board and behavior analyst   board 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)  Unless good cause for delay is shown to the presiding   officer at the hearing, the behavior analyst board shall provide   the license holder with access to all information that the behavior   analyst board intends to offer into evidence at the hearing not   later than the 30th day after the date the behavior analyst board   receives a written request from a license holder who is entitled to   a hearing under this chapter or from the license holder's attorney   of record.          (d)  The behavior analyst board 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.          Sec. 506.206.  PUBLIC PARTICIPATION.  (a) The behavior   analyst board shall develop and implement policies that provide the   public with a reasonable opportunity to appear before the behavior   analyst board and to speak on any issue under the behavior analyst   board's jurisdiction.          (b)  The behavior analyst board shall prepare and maintain a   written plan that describes how a person who does not speak English   may be provided reasonable access to the behavior analyst board's   programs.          Sec. 506.207.  SUBPOENAS.  (a) In an investigation of a   complaint filed with the behavior analyst board, the presiding   officer of the behavior analyst board may issue a subpoena to compel   the attendance of a relevant witness or the production, for   inspection or copying, of relevant evidence that is in this state.          (b)  A subpoena may be served personally or by certified   mail.          (c)  If a person fails to comply with a subpoena, the   behavior analyst board, acting through the attorney general, may   file suit to enforce the subpoena in a district court in Travis   County or in the county in which a hearing conducted by the behavior   analyst board may be held.          (d)  On finding that good cause exists for issuing the   subpoena, the court shall order the person to comply with the   subpoena. The court may punish a person who fails to obey the court   order.          (e)  The behavior analyst board shall pay for photocopies   subpoenaed under this section a reasonable fee in an amount not to   exceed the amount the behavior analyst board may charge for copies   of its records.          (f)  The reimbursement of the expenses of a witness whose   attendance is compelled under this section is governed by Section   2001.103, Government Code.          (g)  Information and materials subpoenaed or compiled by the   behavior analyst board in connection with the investigation of a   complaint may be disclosed only as provided by Section 506.205.   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 behavior analyst board. The application must   include sufficient evidence, as defined by behavior analyst board   rules, that the applicant:                (1)  is of good moral character; and                (2)  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 behavior analyst board 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 behavior analyst   board 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 behavior analyst   board 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 behavior   analyst board establishes by rule; and                (3)  pays the required fees.          Sec. 506.256.  TEMPORARY LICENSE.  (a) The behavior analyst   board by rule may provide for the issuance of a temporary license.          (b)  Rules adopted under this section must include a time   limit for a temporary license.          Sec. 506.257.  RECIPROCITY.  (a) The behavior analyst board   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 behavior analyst board that   the applicant:                      (A)  is in good standing as determined by the   behavior analyst board;                      (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. 506.258.  INACTIVE STATUS.  The behavior analyst board   by rule may provide for a person licensed under this chapter to be   placed on inactive status.          Sec. 506.259.  RETIREMENT STATUS.  The behavior analyst   board 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) A license issued   under this chapter expires on the second anniversary of the date of   issuance.          (b)  The behavior analyst board by rule may adopt a system   under which licenses expire on various dates during the year. For a   year in which the expiration date is changed, the behavior analyst   board shall prorate the licensing fee so that each license holder   pays only the portion of the fee that is allocable to the number of   months during which the license is valid. On renewal of the license   on the new expiration date, the entire licensing fee is payable.          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 behavior   analyst board; and                (3)  providing verification to the behavior analyst   board 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 behavior analyst board 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 behavior analyst board   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 behavior   analyst board rule; or                      (B)  violates the code of ethics adopted and   published by the behavior analyst board.          Sec. 506.352.  PROBATION.  If a license suspension is   probated, the behavior analyst board may require the license holder   to:                (1)  report regularly to the behavior analyst board on   matters that are the basis of the probation;                (2)  limit the license holder's practice to the areas   prescribed by the behavior analyst board; or                (3)  continue or review continuing professional   education until the license holder attains a degree of skill   satisfactory to the behavior analyst board in those areas that are   the basis of the probation.          Sec. 506.353.  INFORMAL PROCEEDINGS.  (a) The behavior   analyst board by rule shall adopt procedures governing:                (1)  informal disposition of a contested case under   Section 2001.056, Government Code; and                (2)  an informal proceeding held in compliance with   Section 2001.054, Government Code.          (b)  Rules adopted under this section must:                (1)  provide the complainant and the license holder   with an opportunity to be heard; and                (2)  require the presence of a member of the behavior   analyst board's or medical board's legal staff to advise the   behavior analyst board or medical board or the behavior analyst   board's or medical board's employees.          Sec. 506.354.  HEARING.  A license holder is entitled to a   hearing before the State Office of Administrative Hearings before a   sanction is imposed under this subchapter.          Sec. 506.355.  SCHEDULE OF SANCTIONS.  (a) The behavior   analyst board by rule shall adopt a broad schedule of sanctions for   violations under this chapter.          (b)  The State Office of Administrative Hearings shall use   the schedule for any sanction imposed under this chapter as the   result of a hearing conducted by that office.          Sec. 506.356.  EMERGENCY SUSPENSION.  (a) The behavior   analyst board, or a three-member committee of behavior analyst   board members designated by the behavior analyst board, shall   temporarily suspend the license of a license holder if the behavior   analyst board or committee determines from the evidence or   information presented to the behavior analyst board or committee   that continued practice by the license holder would constitute a   continuing and imminent threat to the public welfare.          (b)  A license may be suspended under this section without   notice or hearing on the complaint if:                (1)  action is taken to initiate proceedings for a   hearing before the State Office of Administrative Hearings   simultaneously with the temporary suspension; and                (2)  a hearing is held as soon as practicable under this   chapter and Chapter 2001, Government Code.          (c)  The State Office of Administrative Hearings shall hold a   preliminary hearing not later than the 14th day after the date of   the temporary suspension to determine if there is probable cause to   believe that a continuing and imminent threat to the public welfare   still exists. A final hearing on the matter shall be held not later   than the 61st day after the date of the temporary suspension.   SUBCHAPTER I.  PENALTIES AND ENFORCEMENT PROCEDURES          Sec. 506.401.  INJUNCTIVE RELIEF.  The behavior analyst   board or the attorney general may institute a proceeding to enforce   this chapter, including a suit to enjoin a person from practicing   applied behavior analysis without complying with this chapter.          Sec. 506.402.  MONITORING OF LICENSE HOLDER.  The behavior   analyst board by rule shall develop a system for monitoring a   license holder's compliance with this chapter. The rules must   include procedures for:                (1)  monitoring for compliance a license holder who is   ordered by the behavior analyst board to perform a certain act; and                (2)  identifying and monitoring each license holder who   represents a risk to the public.          Sec. 506.403.  ADMINISTRATIVE PENALTY.  (a) The behavior   analyst board may impose an administrative penalty against a person   licensed under this chapter who violates this chapter or a rule or   order adopted under this chapter.          (b)  An administrative penalty may not exceed $200. Each day   a violation continues or occurs is a separate violation for the   purpose of imposing a penalty. The amount of the penalty shall be   based on:                (1)  the seriousness of the violation, including the   nature, circumstances, extent, and gravity of any prohibited acts,   and the hazard or potential hazard created to the health, safety, or   economic welfare of the public;                (2)  the history of previous violations;                (3)  the amount necessary to deter a future violation;                (4)  efforts to correct the violation; and                (5)  any other matter that justice requires.          (c)  The person may stay enforcement during the time the   order is under judicial review if the person pays the penalty to the   court clerk or files a supersedeas bond with the court in the amount   of the penalty. A person who cannot afford to pay the penalty or   file the bond may stay enforcement by filing an affidavit like that   required by the Texas Rules of Civil Procedure for a party who   cannot afford to file security for costs, except that the behavior   analyst board may contest the affidavit as provided by those rules.          (d)  A proceeding to impose an administrative penalty is   subject to Chapter 2001, Government Code.          Sec. 506.404.  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. 506.405.  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.          (c)  Each day of violation constitutes a separate offense.          SECTION 2.  As soon as practicable after the effective date   of this Act, the governor shall appoint nine members to the Texas   Board of Behavior Analyst Examiners in accordance with Chapter 506,   Occupations Code, as added by this Act. In making the initial   appointments, the governor 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 3.  Not later than January 1, 2018, the Texas Board   of Behavior Analyst Examiners shall adopt the rules, procedures,   and fees necessary to administer Chapter 506, Occupations Code, as   added by this Act.          SECTION 4.  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 5.  (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.