<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §121.70Administrative Practice Responsibilities of License Holders

(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.

Source Note: The provisions of this §121.70 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective June 1, 2021, 46 TexReg 3389

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page