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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of applied behavior analysis |
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paraprofessional technicians; requiring a registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 506, Occupations Code, is |
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amended by adding Section 506.258 to read as follows: |
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Sec. 506.258. REGISTRATION OF PARAPROFESSIONAL TECHNICIAN. |
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(a) A person may deliver applied behavior analysis services under |
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the extended authority and direction of a licensed behavior analyst |
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or licensed assistant behavior analyst only if the person is |
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registered with the department as a paraprofessional technician. A |
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person registered under this section shall be designated as an |
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"applied behavior analysis technician," "behavior technician," |
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"tutor," or "front-line therapist." |
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(b) The department shall register a person as a |
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paraprofessional technician if the person: |
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(1) applies for registration in the manner and on a |
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form prescribed by the department; |
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(2) pays the application fee set by the commission; |
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and |
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(3) meets the requirements for registration |
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established by the commission. |
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(c) The commission by rule shall establish requirements |
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for: |
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(1) obtaining and renewing a registration under this |
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section; and |
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(2) the supervision by a license holder of a |
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paraprofessional technician, including the maximum number of |
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paraprofessional technicians who may deliver services under a |
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license holder's supervision. |
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(d) A person who violates this section or a rule adopted |
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under this section is subject to the enforcement provisions of |
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Subchapter I. |
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SECTION 2. Effective January 1, 2022, Section 506.054, |
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Occupations Code, is repealed. |
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SECTION 3. Not later than December 1, 2021, the Texas |
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Commission of Licensing and Regulation shall adopt rules necessary |
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to implement Section 506.258, Occupations Code, as added by this |
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Act. |
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SECTION 4. Notwithstanding Section 506.258, Occupations |
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Code, as added by this Act: |
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(1) a person is not required to register as a |
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paraprofessional technician under that section before January 1, |
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2022; and |
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(2) Subchapter I, Chapter 506, Occupations Code, does |
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not apply to conduct described by that section before January 1, |
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2022. |
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SECTION 5. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2021. |