The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(1) Act--Texas Occupations Code, Chapter 506.
(2) Advertising--The solicitation for business utilizing
the titles "licensed behavior analyst" or "licensed assistant behavior
(3) Advisory Board--The Behavior Analyst Advisory Board.
(4) Applicant--A person who applies for a license to
use the title "licensed behavior analyst" or "licensed assistant behavior
analyst" or to practice behavior analysis.
(5) Asynchronous telehealth--Store-and-forward telehealth
practice including the transmission of images or data when the data
transfer does not occur in real-time.
(6) Authorized representative--A person or entity that
is authorized to represent the interests of a client and to perform
functions including making decisions about behavior analysis services.
(7) Behavior Analyst Certification Board (BACB)--a
certifying entity for persons practicing behavior analysis.
(8) Client--A person who is receiving behavior analysis
services from a license holder for the person's own treatment purposes,
or a person or entity who is not receiving behavior analysis services
from a license holder for their own treatment purposes including:
(A) an authorized representative of the person receiving
behavior analysis services for the person's own treatment purposes;
(B) an individual, institution, school, school district,
educational institution, agency, firm, corporation, organization,
government or governmental subdivision, business trust, estate, trust,
partnership, association, or any other legal entity.
(9) Client site--The physical location of a client
at the time behavior analysis services are practiced through synchronous
or asynchronous telehealth. Also termed the origination site.
(10) Commission--The Texas Commission of Licensing
(11) Department--The Texas Department of Licensing
(12) Direct observation--A method of data collection
that consists of observing the object of study in a particular situation
(13) Direct supervision--Supervision of a person who
is performing behavior analysis services with a client.
(14) Executive director--The executive director of
(15) Facilitator--An individual physically present
with a client who assists with the delivery of behavior analysis services
at the direction of a behavior analyst or assistant behavior analyst.
(16) Indirect supervision--Supervision of a person
who performs behavior analysis services but which does not occur when
services are being provided to a client. This may include behavioral
skills training and delivery of performance feedback; modeling technical,
professional, and ethical behavior; guiding behavioral case conceptualization,
problem-solving, and decision-making repertoires; review of written
materials such as behavior programs, data sheets, or reports; oversight
and evaluation of the effects of behavioral service delivery; and
ongoing evaluation of the effects of supervision.
(17) License--A license issued under the Act authorizing
a person to use the title "licensed behavior analyst" or "licensed
assistant behavior analyst" or to practice behavior analysis.
(18) License holder--A person who has been issued a
license in accordance with the Act to use the title "licensed behavior
analyst" or "licensed assistant behavior analyst" or to practice behavior
(19) Multiple relationship--A personal, professional,
business, or other type of interaction by a license holder with a
client or with a person or entity involved with the provision of behavior
analysis services to a client that is not related to, or part of,
the behavior analysis services.
(20) Provider--An individual who holds a current, renewable,
behavior analyst or assistant behavior analyst license under this
chapter, or who is authorized to provide behavior analysis services.
(21) Provider site--The physical location of a provider
at the time behavior analysis services are furnished through synchronous
or asynchronous telehealth. Also termed the distance site.
(22) Service agreement--A signed written contract for
behavior analysis services. A service agreement includes responsibilities
and obligations of all parties and the scope of behavior analysis
services to be provided. A service agreement may be identified by
other terms including treatment agreement, Memorandum of Understanding
(MOU), or Individualized Education Program (IEP).
(23) Supervision--Supervision of a person who performs
behavior analysis services, and may include both direct and indirect
(24) Synchronous telehealth--telehealth services that
require transmission of images, video, or data through a communication
link for real-time interaction to take place.
(25) Telecommunications--Interactive communication
by two-way transmission using telecommunications technology, including,
but not limited to sound, visual images, or computer data.
(26) Telecommunications technology--Computers and equipment
used or capable of use for purposes of telecommunications, other than
analog telephone, email, or facsimile technology and equipment. Telecommunications
technology includes, but is not limited to:
(A) compressed digital interactive video, audio, or
(B) clinical data transmission using computer imaging
by way of still-image capture, storage and forward; and
(C) other technology that facilitates the delivery
of telehealth services.
(27) Telehealth service--The meaning of "telehealth
service" is the same as defined in Occupations Code Chapter 111.
(28) Treatment plan--A written behavior change program
for an individual client. A treatment plan includes consent, objectives,
procedures, documentation, regular review, and exit criteria. A treatment
plan may be identified by other terms including Behavior Intervention
Plan, Behavior Support Plan, Positive Behavior Support Plan, or Protocol.