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.
Sec. 506.002.
DEFINITIONS. In this chapter:
(1) "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 board.
(3) "License
holder" means a person licensed under this chapter.
(4) "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.
(5) "Licensed
behavior analyst" means a person who is certified by the certifying
entity as a Board Certified Behavior Analyst or 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.
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 psychological testing,
psychotherapy, cognitive therapy, psychoanalysis, hypnotherapy, or
counseling as treatment modalities.
Sec. 506.004. APPLICATION
OF SUNSET ACT. The Texas Board of Behavior Analyst Examiners is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished and this
chapter expires September 1, 2027.
SUBCHAPTER B. APPLICATION
OF CHAPTER; USE OF TITLE
Sec. 506.051. LICENSED
PSYCHOLOGISTS.
Sec. 506.052. OTHER
LICENSED PROFESSIONALS.
Sec. 506.053. FAMILY
MEMBERS AND GUARDIANS.
Sec. 506.054.
PARAPROFESSIONALS.
Sec. 506.055. STUDENTS,
INTERNS, AND FELLOWS.
Sec. 506.056. SUPERVISED
EXPERIENCE.
Sec. 506.057. TEMPORARY
SERVICES OF BEHAVIOR ANALYST FROM ANOTHER STATE.
Sec. 506.058. TEACHER OR
EMPLOYEE OF SCHOOL DISTRICT.
Sec. 506.059. USE OF
TITLE "BEHAVIOR ANALYST."
SUBCHAPTER C. TEXAS BOARD
OF BEHAVIOR ANALYST EXAMINERS
Sec. 506.101. BOARD
MEMBERSHIP. (a) The 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) two licensed assistant behavior analysts;
and
(3) 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
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 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 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 board; or
(C) uses or receives a
substantial amount of funds from the board, other than compensation or
reimbursement authorized by law for 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 board and may not be an employee of the 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 board or act as general counsel to the 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 board.
Sec. 506.104. TERMS;
VACANCY.
Sec. 506.105. OFFICERS.
Sec. 506.106. GROUNDS FOR
REMOVAL. (a) It is a ground for removal from the 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 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 board meetings that the member is
eligible to attend during a calendar year without an excuse approved by a
majority vote of the board.
(b) The validity of an
action of the 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 of the board or a board member
has knowledge that a potential ground for removal exists, the executive director or board member shall
notify the presiding officer of the 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 or board member shall notify the next highest ranking
officer of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 506.107.
COMPENSATION; REIMBURSEMENT.
Sec. 506.108. MEETINGS.
Sec. 506.109. TRAINING
PROGRAM FOR MEMBERS.
Sec. 506.110. CIVIL
LIABILITY.
SUBCHAPTER D. POWERS AND
DUTIES OF THE BOARD
Sec. 506.151. GENERAL
POWERS AND DUTIES. The board shall:
(1) administer and
enforce this chapter;
(2) determine the
qualifications and fitness of an applicant for a license, license renewal,
or temporary license;
(3) establish standards
of conduct and adopt a code of professional ethics for license holders;
(4) hire staff as necessary and as the budget allows; and
(5) ensure strict
compliance with and enforcement of this chapter.
Sec. 506.152. RULES. The
board shall adopt rules consistent with this chapter to carry out the
board's duties in administering this chapter.
No
equivalent provision.
Sec. 506.153. FEES. (a)
The 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 board may not
adopt rules restricting advertising or competitive bidding by a license
holder except to prohibit false, misleading, or deceptive practices.
(b) The 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.
Sec. 506.156. ANNUAL
REGISTRY.
Sec. 506.157. BOARD
DUTIES REGARDING COMPLAINTS.
Sec. 506.158. USE OF
TECHNOLOGY. The board shall implement a policy requiring the board to use
appropriate technological solutions to improve the board's ability to
perform the board's functions. The policy must ensure that the public is
able to interact with the board on the Internet.
Sec. 506.159. NEGOTIATED
RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The 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 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 board's jurisdiction.
(b) The 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 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
board.
SUBCHAPTER E. PUBLIC
INTEREST INFORMATION
AND COMPLAINT PROCEDURES
Sec. 506.201. PUBLIC
INTEREST INFORMATION.
Sec. 506.202.
COMPLAINTS.
Sec. 506.203. INFORMATION
ABOUT COMPLAINT ACTIONS.
Sec. 506.204. GENERAL
RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.
Sec. 506.205.
CONFIDENTIALITY OF COMPLAINT INFORMATION.
Sec. 506.206. PUBLIC
PARTICIPATION.
Sec. 506.207. SUBPOENAS.
SUBCHAPTER F. LICENSE
REQUIREMENTS
Sec. 506.251. LICENSE
REQUIRED.
Sec. 506.252. LICENSE
APPLICATION.
Sec. 506.253.
REQUIREMENTS FOR LICENSED BEHAVIOR ANALYST.
Sec. 506.254.
REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR ANALYST.
Sec. 506.255. ISSUANCE OF
LICENSE.
Sec. 506.256. TEMPORARY
LICENSE.
Sec. 506.257.
RECIPROCITY.
Sec. 506.258. INACTIVE
STATUS.
Sec. 506.259. RETIREMENT
STATUS.
SUBCHAPTER G. LICENSE
RENEWAL
Sec. 506.301. LICENSE
EXPIRATION.
Sec. 506.302. LICENSE
RENEWAL.
SUBCHAPTER H. LICENSE
DENIAL AND DISCIPLINARY PROCEDURES
Sec. 506.351. GROUNDS FOR
LICENSE DENIAL AND DISCIPLINARY ACTION.
Sec. 506.352. PROBATION.
Sec. 506.353. INFORMAL
PROCEEDINGS. (a) The 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 board's legal staff, if
the board has a legal staff, or, if the board does not have a legal staff,
an attorney employed by the attorney general to advise the board or
the board's employees.
Sec. 506.354. HEARING.
Sec. 506.355. SCHEDULE OF
SANCTIONS.
Sec. 506.356. EMERGENCY
SUSPENSION.
SUBCHAPTER I. PENALTIES
AND ENFORCEMENT PROCEDURES
Sec. 506.401. INJUNCTIVE
RELIEF.
Sec. 506.402. MONITORING
OF LICENSE HOLDER.
Sec. 506.403.
ADMINISTRATIVE PENALTY.
Sec. 506.404. CIVIL PENALTY.
Sec. 506.405. CRIMINAL
OFFENSE.
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SECTION 1. Substantially the
same as introduced version, except as follows:
CHAPTER 506. BEHAVIOR
ANALYSTS
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 506.001. SHORT
TITLE.
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 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.
No
equivalent provision.
SUBCHAPTER B. APPLICATION
OF CHAPTER; USE OF TITLE
Sec. 506.051. LICENSED
PSYCHOLOGISTS.
Sec. 506.052. OTHER
LICENSED PROFESSIONALS.
Sec. 506.053. FAMILY
MEMBERS AND GUARDIANS.
Sec. 506.054.
PARAPROFESSIONALS.
Sec. 506.055. STUDENTS,
INTERNS, AND FELLOWS.
Sec. 506.056. SUPERVISED
EXPERIENCE.
Sec. 506.057. TEMPORARY
SERVICES OF BEHAVIOR ANALYST FROM ANOTHER STATE.
Sec. 506.058. TEACHER OR
EMPLOYEE OF SCHOOL DISTRICT.
Sec. 506.059. USE OF
TITLE "BEHAVIOR ANALYST."
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.
Sec. 506.105. OFFICERS.
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.
Sec. 506.108. MEETINGS.
Sec. 506.109. TRAINING
PROGRAM FOR MEMBERS.
Sec. 506.110. CIVIL
LIABILITY.
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.
(See Section 506.151(a)(1)
above.)
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.
Sec. 506.156. ANNUAL
REGISTRY.
Sec. 506.157. BEHAVIOR
ANALYST BOARD DUTIES REGARDING COMPLAINTS.
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.
Sec. 506.202.
COMPLAINTS.
Sec. 506.203. INFORMATION
ABOUT COMPLAINT ACTIONS.
Sec. 506.204. GENERAL
RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.
Sec. 506.205.
CONFIDENTIALITY OF COMPLAINT INFORMATION.
Sec. 506.206. PUBLIC
PARTICIPATION.
Sec. 506.207. SUBPOENAS.
SUBCHAPTER F. LICENSE
REQUIREMENTS
Sec. 506.251. LICENSE
REQUIRED.
Sec. 506.252. LICENSE
APPLICATION.
Sec. 506.253.
REQUIREMENTS FOR LICENSED BEHAVIOR ANALYST.
Sec. 506.254.
REQUIREMENTS FOR LICENSED ASSISTANT BEHAVIOR ANALYST.
Sec. 506.255. ISSUANCE OF
LICENSE.
Sec. 506.256. TEMPORARY
LICENSE.
Sec. 506.257.
RECIPROCITY.
Sec. 506.258. INACTIVE
STATUS.
Sec. 506.259. RETIREMENT
STATUS.
SUBCHAPTER G. LICENSE
RENEWAL
Sec. 506.301. LICENSE
EXPIRATION.
Sec. 506.302. LICENSE
RENEWAL.
SUBCHAPTER H. LICENSE
DENIAL AND DISCIPLINARY PROCEDURES
Sec. 506.351. GROUNDS FOR
LICENSE DENIAL AND DISCIPLINARY ACTION.
Sec. 506.352. 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.
Sec. 506.355. SCHEDULE OF
SANCTIONS.
Sec. 506.356. EMERGENCY SUSPENSION.
SUBCHAPTER I. PENALTIES
AND ENFORCEMENT PROCEDURES
Sec. 506.401. INJUNCTIVE
RELIEF.
Sec. 506.402. MONITORING
OF LICENSE HOLDER.
Sec. 506.403.
ADMINISTRATIVE PENALTY.
Sec. 506.404. CIVIL
PENALTY.
Sec. 506.405. CRIMINAL
OFFENSE.
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