| (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, 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 Professional and Ethical Compliance
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 to a certifying
entity information, 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 or the executive director may deny,
revoke, suspend, probate, reprimand, or otherwise discipline 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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