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RULE §121.71Professional Services Practice Responsibilities of License Holders

(a) A license holder shall:

  (1) enter into a service agreement with a client, as defined in §121.10, when behavior analysis services are to be provided;

    (A) A behavior analyst shall describe the services to be delivered in a service agreement that may include the following activities: consultation, assessment, training, treatment design, treatment implementation, and treatment evaluation.

    (B) A behavior analyst shall create a written treatment plan when the service agreement provides for delivering treatment to an individual.

    (C) A treatment plan is not required if a license holder will not deliver treatment to an individual.

  (2) include in the service agreement or otherwise document and disclose to a client, as appropriate:

    (A) the client's consent to treatment that is transitional or provisional or for which its effectiveness has not yet been established, or effectiveness has not yet been established for the method, manner, or mode of treatment for which consent is obtained;

    (B) conflicts of interest or multiple relationships that a license holder is aware of or becomes aware of, as defined in §121.10;

    (C) a description of how a conflict of interest or multiple relationship will be addressed if one is discovered or disclosed;

    (D) the acknowledgment of known conflicts of interest or multiple relationships and agreement to begin or to continue behavior analysis services despite them; and

    (E) a reasoned justification for beginning or continuing to provide behavior analysis services if conflicts of interest or multiple relationships are acknowledged;

  (3) re-evaluate treatment progress as needed and at least annually, and document the evaluation; and

  (4) comply with all applicable requirements of the license holder's certifying entity, including the BACB Ethics Code for Behavior Analysts , when entering into service agreements and providing behavior analysis services.

(b) If any requirement of a license holder's certifying entity differs in stringency from a requirement of the Act or the commission rules, the more stringent provision shall apply.

(c) If any requirement of a license holder's certifying entity conflicts with a requirement of the commission rules such that the license holder cannot reasonably comply with both requirements, the license holder shall comply with the requirement of the certifying entity.

Source Note: The provisions of this §121.71 adopted to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085

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