| (a) This section is authorized under Texas Occupations
Code, Chapters 51 and 506.
(1) If a person violates any provision of Texas Occupations
Code, Chapters 51, 111, 506, or any other applicable provision, this
chapter, or a rule or order of the executive director or commission,
proceedings may be instituted to impose administrative penalties,
administrative sanctions, or both in accordance with the provisions
of the Texas Occupations Code and the associated rules.
(2) The enforcement authority granted under Texas Occupations
Code, Chapters 51 and 506, and any associated rules may be used to
enforce the Texas Occupations Code and this chapter.
(b) The department may consult the requirements of
the certifying entity and the BACB Ethics
Code for Behavior Analysts in the application and enforcement
of this chapter.
(c) The department will apply the requirements of this
section consistent with the requirements, guidance, and interpretations
of the certifying entity unless an alternate interpretation is reasonably
necessary.
(d) The department may refer or report information
to a certifying entity, including complaints, investigations, and
violations of Texas law, rules, or orders that are or may be relevant
to the qualifications of any person to obtain or maintain a certification.
(e) The commission has adopted rules for health-related
programs in Chapter 100 pursuant to Texas Occupations Code §51.2031
and §51.501. Behavior analysis license holders are subject to
the Ch. 100 rules, which include provisions related to telehealth.
(f) The commission or the executive director may deny
a license, place sanctions on a license, or impose an administrative
penalty when a person through fraud, misrepresentation, concealment
of a material fact, or in violation of the certifying entity's requirements,
the Act, or this chapter:
(1) obtains, renews, or maintains a license; or
(2) practices or offers to practice behavior analysis
services.
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