BILL ANALYSIS |
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C.S.S.B. 589 |
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By: Lucio |
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Public Health |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Interested parties contend that the profession of applied behavior analysis needs to be regulated in order to protect consumers, employers, and state agencies from individuals who are not adequately trained or whose practice is not consistent with the profession's ethical and disciplinary standards. C.S.S.B. 589 intends to establish a regulatory framework for behavior analysts and assistant behavior analysts.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill.
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ANALYSIS
C.S.S.B. 589 amends the Occupations Code to enact the Behavior Analyst Licensing Act and to create the Behavior Analyst Advisory Board. The bill establishes the activity that constitutes the practice of applied behavior analysis and provides for the inapplicability of its provisions, under specified circumstances, to certain individuals.
C.S.S.B. 589 requires the advisory board to provide advice and recommendations to the Texas Department of Licensing and Regulation (TDLR) on technical matters relevant to the administration of the bill's provisions governing behavior analysts and sets out provisions relating to the composition and operation of the advisory board. The bill requires the Texas Commission of Licensing and Regulation to adopt rules consistent with the bill's provisions governing behavior analysts for the administration and enforcement of those provisions and requires TDLR to administer and enforce those provisions; evaluate the qualifications of license applicants; provide for the examination of license applicants; issue licenses; issue subpoenas, examine witnesses, and administer oaths under state law in connection with a hearing under the bill's provisions; and investigate persons engaging in practices that violate the bill's provisions. The bill authorizes the commission or executive director of TDLR to deny, revoke, or suspend a license or otherwise discipline a license holder in accordance with state law. The bill requires the commission to adopt rules under the bill's provisions governing behavior analysts that establish standards of ethical practice and requires TDLR to provide reasonable assistance to a person who wishes to file a complaint with TDLR regarding a person or activity regulated under the bill's provisions. The bill requires the commission by rule to set fees in amounts reasonable and necessary to cover the costs of administering the bill's provisions. The bill requires TDLR to 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 and provides for the confidentiality of certain complaint and investigation information.
C.S.S.B. 589, effective September 1, 2018, prohibits a person, except as otherwise provided by the bill, from engaging in the practice of applied behavior analysis, using the titles "licensed behavior analyst" or "licensed assistant behavior analyst," as appropriate, or using the title "behavior analyst" unless the person holds a license under the bill's provisions. The bill requires each applicant for such a license to submit an application and the required fees to TDLR and requires the application to include sufficient evidence, as defined by commission rules, that the applicant has successfully completed a state-approved criminal background check. The bill sets out the eligibility requirements for a person to be licensed as a behavior analyst or an assistant behavior analyst and provides for the issuance of such licenses by TDLR. The bill sets out provisions relating to reciprocity for persons licensed as a behavior analyst or as an assistant behavior analyst from another state or jurisdiction and authorizes the commission by rule to adopt a system for placing a person licensed under the bill on retirement status. The bill establishes that a license issued under the bill's provisions expires on the second anniversary of the date of issuance and establishes the method for renewing a license. The bill sets out provisions relating to the grounds for the denial of a license and disciplinary action against a license holder.
C.S.S.B. 589 authorizes the commission, TDLR, or the executive director of TDLR to enforce the bill's provisions, a rule adopted under those provisions, or an order of the commission or executive director as provided by statutory provisions relating to administrative penalties and relating to other penalties and enforcement provisions applicable to licenses and license holders. The bill's provisions relating to enforcement procedures take effect September 1, 2018.
C.S.S.B. 589 includes behavior analysts among the health-related professions with respect to which the commission's regulatory rulemaking authority is subject to certain requirements relating to the role of the profession's advisory board. The bill provides for the initial appointment of nine members to the behavior analyst advisory board by the commission's presiding officer and for initial board member term lengths. The bill requires the commission, not later than April 1, 2018, to adopt the rules, procedures, and fees necessary to administer the bill's provisions governing behavior analysts. The bill establishes that a behavior analyst or assistant behavior analyst is not required to hold a license to practice as a licensed behavior analyst or licensed assistant behavior analyst in Texas before September 1, 2018.
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EFFECTIVE DATE
Except as otherwise provided, September 1, 2017.
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COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 589 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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