| (a) Licenses issued by the department remain the property
of the department and shall be surrendered to the department on demand.
(b) A license holder shall:
(1) inform the department of any violations of this
chapter or the Act.
(2) promptly provide upon request any documents or
information satisfactory to the department to demonstrate the license
holder's qualifications for certification by the certifying entity
or for licensure by the department.
(3) report to the department any fact that may affect
a license holder's qualifications to hold a certification or license
in accordance with §121.50.
(4) notify each client or a minor client's parent or
authorized representative of the department's name, website, email
address, mailing address, and telephone number for the purpose of
directing complaints to the department.
(5) truthfully respond in a manner that fully discloses
all information in an honest, materially responsive and timely manner
to a complaint filed with or by the department.
(6) not interfere with a department investigation or
disciplinary proceeding in any way, including by misrepresentation
or omission of facts to the department or using threats or harassment
against any person.
(7) comply with any order issued by the commission
or the executive director that relates to the license holder.
(8) when creating a written agreement for services,
comply with applicable professional and ethical standards and requirements
including those of the license holder's certifying entity.
(9) upon revision or amendment of a written agreement
for services, obtain the signatures of all parties.
(10) maintain legible and accurate records of behavior
analysis services rendered. A license holder practicing in an educational
setting, school, learning center, or clinic shall comply with the
recordkeeping requirements of the service setting or with the retention
requirements of the certifying entity, if the latter are more stringent.
(11) maintain records for a minimum of the longer of:
(A) seven years following the termination of behavior
analysis services;
(B) seven years following the date on which a minor
client reaches the age of 22; or
(C) the retention period required by the certifying
entity.
(12) not delegate any services, functions, or responsibilities
requiring professional competence to a person not competent or not
properly credentialed. A license holder in private practice is responsible
for the services provided by unlicensed persons employed or contracted
by the license holder.
(13) display the current original license certificate
as issued by the department in the primary location of practice, if
any, or in the license holder's business office, but shall not display
a license that has been photographically or otherwise reproduced.
(14) carry and display a department-issued duplicate
of the current license certificate or license card or an unmodified
image of the department-issued license certificate or license card,
as appropriate and necessary, at locations other than the primary
location of practice. A license holder shall produce the current original
department-issued license certificate or license card upon request.
(15) use electronic methods to create, amend, or sign
documents, and accept signatures of clients on documents related to
the provision of behavior analysis services, only in accordance with
applicable law.
(c) Administrative Practice Responsibilities: Telehealth.
(1) Licensed behavior analysts and licensed assistant
behavior analysts may provide telehealth services in accordance with
the Act and Occupations Code, Chapter 111, and any requirements imposed
by laws and rules governing health professional programs administered
by the department. Unless the context requires otherwise, a reference
to "direct" care, treatment, or other actions or observations by a
behavior analyst or a person supervising a licensed behavior analyst
or a licensed assistant behavior analyst in the course of client care
include the provision of telehealth services.
(2) Except to the extent it imposes additional or more
stringent requirements, this subsection does not affect the applicability
of any other requirement or provision of law to which a person is
subject under the Act, this chapter, or other law, or by the person's
certifying entity, when the person is functioning as a provider of
telehealth services.
(3) Telehealth services may be delivered in a variety
of ways, including, but not limited to, the following:
(A) the store-and-forward service delivery model/electronic
transmission is an asynchronous electronic transmission of stored
clinical data from one location to another; and
(B) the clinician interactive service delivery model
is a synchronous, real time interaction between a provider and a client
that may occur via telecommunication links.
(4) Live as compared to stored data refers to the actual
data transmitted during the telehealth session. Live, real-time and
stored clinical data may be included during the telehealth session.
(5) A license holder may engage in direct observation,
direct supervision, or indirect supervision in-person and on-site,
through telehealth, or in another manner approved by the license holder's
certifying entity.
(6) The quality of electronic transmissions shall be
adequate for the provision of an individualized client's telehealth
service.
(7) A telehealth provider shall only utilize technology
that the provider is competent to use as part of the provider's telehealth
services.
(8) A telehealth provider shall maintain equipment
used for telehealth services at the provider site and, as applicable,
at a client site at which a client is present, in adequate operational
status to provide appropriate quality of service.
(9) Telehealth providers shall ensure that communications
occur without a change in the form or content of the information,
as sent and received, other than through encoding or encryption of
a transmission itself for purposes of and to protect the transmission.
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