reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.359. Issuance of License to Provisional License Holder

Sec. 505.359.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.  (a)  The executive council shall issue an appropriate license to a provisional license holder:
(1)  who passes the licensing examination under Section 505.354 and the jurisprudence examination under Section 505.3545;
(2)  for whom the executive council verifies that the person satisfies the academic and experience requirements under Section 505.353; and
(3)  who satisfies any other license requirements under this chapter.
(b)  The executive council shall complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued or the date licenses are issued after successful completion of the next licensing and jurisprudence examinations, whichever date is later.
(c)  The executive council may waive a license requirement for an applicant who is licensed or certified in another state if this state has entered into a reciprocity agreement with that state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 22, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.104, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter G. License Requirements › Section 505.360. Professional Identification

Sec. 505.360.  PROFESSIONAL IDENTIFICATION.  (a)  A license holder shall use an identification provided by this section:
(1)  in the professional use of the license holder's name;  and
(2)  in connection with any sign, directory, contract, document, pamphlet, stationery, advertisement, signature, or other means of written professional identification.
(b)  A licensed master social worker shall use the identification "licensed master social worker" or the initials "LMSW."
(c)  A licensed baccalaureate social worker shall use the identification "licensed baccalaureate social worker" or the initials "LBSW."
(d)  Repealed by Acts 2003, 78th Leg., ch. 892, Sec. 37.
(e)  A licensed clinical social worker shall use the identification "licensed clinical social worker" or the initials "LCSW."
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 16, 37, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter H. Renewal of License and Order of Recognition of Specialty › Section 505.401. Term of License; Staggered Expiration Dates

Sec. 505.401.  TERM OF LICENSE; STAGGERED EXPIRATION DATES.  (a)  A license issued under this chapter is valid for two years.
(a-1)  The executive council by rule shall adopt a system under which licenses and orders of recognition of specialty expire on various dates during the year.
(b)  In the year in which the expiration date of an order of recognition of specialty is changed, the total renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.122, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.105, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter H. Renewal of License and Order of Recognition of Specialty › Section 505.405. Grounds for Refusing Renewal

Sec. 505.405.  GROUNDS FOR REFUSING RENEWAL.  The executive council may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter H, Chapter 507, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.
Added by Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 25, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.106, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter I. Disciplinary Action › Section 505.451. Grounds for Disciplinary Action

Sec. 505.451.  GROUNDS FOR DISCIPLINARY ACTION.  The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a person for:
(1)  violating this chapter or a rule adopted under this chapter;
(2)  circumventing or attempting to circumvent the requirements of this chapter or a rule adopted under this chapter;
(3)  directly or indirectly participating in a scheme to evade the requirements of this chapter or a rule adopted under this chapter;
(4)  engaging in unethical conduct;
(5)  engaging in conduct that discredits or tends to discredit the social work profession;
(6)  performing an act, allowing an omission, or making an assertion or representation that is fraudulent, deceitful, or misleading or that tends to create a misleading impression;
(7)  knowingly associating with or permitting the use of a license holder's professional services or identification in connection with an enterprise that the person knows or should have known in the exercise of reasonable diligence violates this chapter or a rule adopted under this chapter;
(8)  knowingly associating with or permitting the use of a license holder's name, professional services or identification, or endorsement in connection with an enterprise that the person knows or should have known in the exercise of reasonable diligence is a trade, business, or professional practice of a fraudulent, deceitful, or misleading nature;
(9)  directly or indirectly revealing or causing to be revealed a confidential communication transmitted to the license holder by a client or other recipient of the license holder's services unless revealing the communication is required by law;
(10)  having been denied an application for a license or certificate to practice social work in another jurisdiction for a reason that the executive council determines would be a violation of this chapter or a rule adopted under this chapter;
(11)  holding a license or certificate in another jurisdiction that is suspended or revoked for a reason that the executive council determines would be a violation of this chapter or a rule adopted under this chapter;
(12)  having been convicted of a felony in this state, another state, or the United States;
(13)  refusing to perform an act or service within the scope of the license holder's license solely because of the recipient's age, sex, race, religion, national origin, color, or political affiliation; or
(14)  committing an act for which liability exists under Chapter 81, Civil Practice and Remedies Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 26, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.108, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter I. Disciplinary Action › Section 505.454. Sanctions for Holder of Expired License or Order of Recognition of Specialty

Sec. 505.454.  SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR ORDER OF RECOGNITION OF SPECIALTY.  (a)  A person who holds an expired license or order of recognition of specialty under this chapter is subject to a sanction under this chapter if the executive council determines that the person violated this chapter or a rule adopted under this chapter during the period in which the license or order was valid.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(107), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.109, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.113(107), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter I. Disciplinary Action › Section 505.458. Refund

Sec. 505.458.  REFUND.  (a)  Subject to Subsection (b), the executive council may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The executive council may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 707 (S.B. 415), Sec. 27, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.110, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter J. Penalties and Enforcement Provisions › Section 505.502. Prohibited Conduct by Business or Professional Entity

Sec. 505.502.  PROHIBITED CONDUCT BY BUSINESS OR PROFESSIONAL ENTITY.  (a)   Except as provided by Subsection (b), a business or professional entity may not:
(1)  represent itself or another to the public as being engaged in the practice of social work or as offering social work services under an assumed, trade, business, professional, partnership, or corporate name or title;
(2)  directly or indirectly use or cause to be used the term "social work," "social work services," "social work, inc.," "social workers," "licensed social workers," "licensed baccalaureate social workers," "licensed master social workers," "licensed clinical social workers," "LMSW," "LSW," "LBSW," or "LCSW," or any combination, abbreviation, or variation of those terms;  or
(3)  directly or indirectly use or cause to be used a term listed in Subdivision (2) in combination with any other word, letter, initial, sign, legend, or symbol on, in, or directly or indirectly as a part of:
(A)  any sign, directory, contract, pamphlet, stationery, advertisement, or other document;
(B)  a signature;  or
(C)  a trade, assumed, corporate, or other business or professional name.
(b)  A business or professional entity may engage in conduct described by Subsection (a) if:
(1)  the entity is actively engaged in the practice of social work;  and
(2)  the social work services that constitute the entity's practice are:
(A)  personally performed by a social worker who is practicing in accordance with this chapter;  or
(B)  performed under the supervision of a licensed baccalaureate social worker, licensed master social worker, or licensed clinical social worker.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 892, Sec. 18, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter J. Penalties and Enforcement Provisions › Section 505.505. Appeal Bond Not Required

Sec. 505.505.  APPEAL BOND NOT REQUIRED.  The executive council is not required to post an appeal bond in any action arising under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.111, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter J. Penalties and Enforcement Provisions › Section 505.507. Criminal Penalty

Text of section as added by Acts 2003, 78th Leg., ch. 892, Sec. 19
For text of section as added by Acts 2003, 78th Leg., ch. 326, Sec. 12, see other Sec. 505.507.
Sec. 505.507.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly acts as a social worker without holding a license required under this chapter.
(b)  An offense under Subsection (a) is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 892, Sec. 19, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter J. Penalties and Enforcement Provisions › Section 505.506. Representation by Attorney General

Sec. 505.506.  REPRESENTATION BY ATTORNEY GENERAL.  The attorney general shall represent the executive council in an action brought to enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.112, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter J. Penalties and Enforcement Provisions › Section 505.507. Criminal Penalty

Text of section as added by Acts 2003, 78th Leg., ch. 326, Sec. 12
For Text of section as added by Acts 2003, 78th Leg., ch. 892, Sec. 19, see other Sec. 505.507.
Sec. 505.507.  CRIMINAL PENALTY.  (a)  A person required to hold a license under this chapter commits an offense if the person knowingly acts as a social worker without holding a license issued under this chapter.
(b)  An offense under Subsection (a) is a Class A misdemeanor.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 12, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter L. Reports of Certain Violations › Section 505.601. Report of Violation

Sec. 505.601.  REPORT OF VIOLATION.  In a written, signed report to the appropriate licensing board, agency, or facility, a person licensed under this chapter may report an incident that the person has reasonable cause to believe has exposed a client to substantial risk of harm, including:
(1)  a failure to provide care that conforms to the minimum standards of acceptable and prevailing professional practice;
(2)  illegal billing practices;  or
(3)  falsification of records.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.272(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter L. Reports of Certain Violations › Section 505.602. Reporting Immunity

Sec. 505.602.  REPORTING IMMUNITY.  A person who, without malice, makes a report authorized, or reasonably believed to be authorized, under this subchapter:
(1)  is immune from civil liability;  and
(2)  may not be subjected by the person's employer to other retaliatory action as a result of making the report.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.272(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 505 - Social Workers › Subchapter L. Reports of Certain Violations › Section 505.603. Cause of Action for Retaliation

Sec. 505.603.  CAUSE OF ACTION FOR RETALIATION.  (a)  A person named as a defendant in a civil action or subjected by the person's employer to other retaliatory action as a result of filing a report authorized, or reasonably believed to be authorized, under this subchapter may file a counterclaim in the pending action or prove a cause of action in a subsequent suit to recover defense costs, including reasonable attorney's fees and actual and punitive damages, if the suit or retaliatory action is determined to be frivolous, unreasonable, or taken in bad faith.
(b)  A person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who makes a report, without malice, under this subchapter.
(c)  A person who makes a report under this subchapter has a cause of action against a person who violates Subsection (b) and may recover:
(1)  the greater of:
(A)  actual damages, including damages for mental anguish even if no other injury is shown;  or
(B)  $1,000;
(2)  exemplary damages;
(3)  court costs;  and
(4)  reasonable attorney's fees.
(d)  In addition to the amount recovered under Subsection (c), a person whose employment is suspended or terminated in violation of this section is entitled to:
(1)  reinstatement in the employee's former position or severance pay in an amount equal to three months of the employee's most recent salary;  and
(2)  compensation for wages lost during the period of suspension or termination.
(e)  A person who brings an action under this section has the burden of proof.  It is a rebuttable presumption that the person's employment was suspended or terminated for making a report under this subchapter if:
(1)  the person was suspended or terminated within 60 days after the date the report was made;  and
(2)  the person to whom the report that is the subject of the cause of action was made or the court determines that the report was:
(A)  authorized under this subchapter;  and
(B)  made without malice.
(f)  An action under this section may be brought in a district court of the county in which:
(1)  the plaintiff resides;
(2)  the plaintiff was employed by the defendant;  or
(3)  the defendant conducts business.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.272(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter A. General Provisions › Section 506.001. Short Title

Sec. 506.001.  SHORT TITLE.  This chapter may be cited as the Behavior Analyst Licensing Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter A. General Provisions › Section 506.002. Definitions

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter A. General Provisions › Section 506.003. Practice of Applied Behavior Analysis

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.051. Licensed Psychologists

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.052. Other Licensed Professionals

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.053. Family Members and Guardians

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.054. Paraprofessionals

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."
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.055. Students, Interns, and Fellows

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."
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.056. Supervised Experience

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.057. Temporary Services of Behavior Analyst From Another State

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.058. Teacher or Employee of School District

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter B. Application of Chapter; Use of Title › Section 506.059. Persons Who Do Not Provide Direct Services

Sec. 506.059.  PERSONS WHO DO NOT PROVIDE DIRECT SERVICES.  (a)  This chapter does not apply to a person who:
(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.
(b)  A person described by Subsection (a) may use the title "behavior analyst."
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter C. Behavior Analyst Advisory Board › Section 506.101. Advisory Board Membership

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter C. Behavior Analyst Advisory Board › Section 506.102. Duties of Advisory Board

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter C. Behavior Analyst Advisory Board › Section 506.103. Terms; Vacancy

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter C. Behavior Analyst Advisory Board › Section 506.104. Presiding Officer

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter C. Behavior Analyst Advisory Board › Section 506.106. Grounds for Removal

Sec. 506.106.  GROUNDS FOR REMOVAL.  A member of the advisory board may be removed as provided by Section 51.209.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter C. Behavior Analyst Advisory Board › Section 506.107. Compensation; Reimbursement

Sec. 506.107.  COMPENSATION; REIMBURSEMENT.  (a)  A member of the advisory board may not receive compensation for service on the advisory board.
(b)  A member of the advisory board is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the advisory board, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter D. Powers and Duties › Section 506.151. General Powers and Duties

Sec. 506.151.  GENERAL POWERS AND DUTIES.  (a)  The commission shall adopt rules consistent with this chapter for the administration and enforcement of this chapter.
(b)  The department shall:
(1)  administer and enforce this chapter;
(2)  evaluate the qualifications of license applicants;
(3)  provide for the examination of license applicants;
(4)  issue licenses;
(5)  in connection with a hearing under this chapter, issue subpoenas, examine witnesses, and administer oaths under the laws of this state; and
(6)  investigate persons engaging in practices that violate this chapter.
(c)  The commission or executive director may deny, revoke, or suspend a license or may otherwise discipline a license holder in accordance with Section 51.353.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter D. Powers and Duties › Section 506.152. Standards of Ethical Practice

Sec. 506.152.  STANDARDS OF ETHICAL PRACTICE.  The commission shall adopt rules under this chapter that establish standards of ethical practice.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter D. Powers and Duties › Section 506.153. Assistance Filing Complaint

Sec. 506.153.  ASSISTANCE FILING COMPLAINT.  The department, in accordance with Section 51.252, 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter D. Powers and Duties › Section 506.154. Fees

Sec. 506.154.  FEES.  The commission by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter E. Public Interest Information › Section 506.201. Telephone Number for Complaints

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.251. License Required

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.252. License Application

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.253. Requirements for Licensed Behavior Analyst

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.254. Requirements for Licensed Assistant Behavior Analyst

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.255. Issuance of License

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.256. Reciprocity

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter F. License Requirements › Section 506.257. Retirement Status

Sec. 506.257.  RETIREMENT STATUS.  The commission by rule may adopt a system for placing a person licensed under this chapter on retirement status.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter G. License Renewal › Section 506.301. License Expiration

Sec. 506.301.  LICENSE EXPIRATION.  A license issued under this chapter expires on the second anniversary of the date of issuance.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter G. License Renewal › Section 506.302. License Renewal

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter H. License Denial and Disciplinary Procedures › Section 506.351. Grounds for License Denial and Disciplinary Action

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, a commission rule, or an order of the commission or the executive director;
(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.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 506 - Behavior Analysts › Subchapter I. Enforcement Procedures › Section 506.401. Enforcement Proceedings

Sec. 506.401.  ENFORCEMENT PROCEEDINGS.  The commission, department, or executive director may enforce this chapter, a rule adopted under this chapter, or an order of the commission or executive director as provided by Subchapters F and G, Chapter 51.
Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter A. General Provisions › Section 507.001. Definitions

Sec. 507.001.  DEFINITIONS.  In this chapter:
(1)  "Executive council" means the Texas Behavioral Health Executive Council.
(2)  "License" means a license, certification, registration, or other authorization that is issued by the executive council.
(3)  "Marriage and family therapy board" means the Texas State Board of Examiners of Marriage and Family Therapists.
(4)  "Professional counseling board" means the Texas State Board of Examiners of Professional Counselors.
(5)  "Psychology board" means the Texas State Board of Examiners of Psychologists.
(6)  "Social work board" means the Texas State Board of Social Worker Examiners.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter A. General Provisions › Section 507.002. Application of Sunset Act

Sec. 507.002.  APPLICATION OF SUNSET ACT.  The Texas Behavioral Health Executive Council is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the executive council is abolished and this chapter and Chapters 501, 502, 503, and 505 expire September 1, 2033.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.10, eff. June 18, 2023.