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News and Updates
TDLR Adopts Amendments to Administrative Rules
July 29, 2020
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to the Behavior Analysts program rules at 16 Texas Administrative Code, Chapter 121, §§121.10, 121.21, 121.22, 121.26, 121.70, 121.75, and 121.95. The adopted rules implement House Bill (HB) 2059 and HB 2847, Article 7, 86th Legislature, Regular Session (2019). Collectively, these bills address immunity for individuals assisting with complaint investigations and require a training course on human trafficking prevention. The proposed amendments also include recommendations from the Behavior Analyst Advisory Board to revise and expand the professional responsibilities and ethics code of license holders.
The adoption justification was published in the July 24, 2020, issue of the Texas Register (45 TexReg 5192). The updated rule chapter will be made available upon its effective date of August 1, 2020.
86th Legislative Session Update
May 27, 2020
Notice to Health Care Practitioners of New Training Requirement
House Bill 2059 requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.
TDLR Health Monitor – April 2020 Edition
April 21, 2020
Articles in this April 2020 edition of The Health Monitor include updates on:
- TDLR’s response to COVID-19
- TDLR represented at State Operations Center
- Scam targeting DEA registrants and health professionals
- New human trafficking prevention training required for certain health care practitioners
- Massage Therapy rule amendments adopted
- Penalty matrices adopted for Behavior Analysts and Dyslexia Therapy programs
- Surprise medical billing updates
- Verify your license online
The TDLR Health Monitor is a quarterly newsletter that provides news and information about TDLR’s medical and health-related programs. Archives of past editions of the TDLR Health Monitor can be viewed here.
Important Information To Help You Keep Your License Current And Active In Good Standing
April 9, 2020
License Renewal: Stay Current
- Your license must be renewed online every two years. Your BACB certification must be current when you apply to renew your license.
- Need to update your contact information with TDLR? Visit our contact information update page.
- TDLR will email you a reminder notice 60 days before your license expires to let you know that it’s time to renew. If you have not renewed 30 days before your license expires, we will also mail you a postcard.
Communication & Social Media: Stay Informed
- Email updates are the best way for you to stay informed. TDLR sends out vital information about the law, rules, and meetings through email lists specific to each regulated profession. If you have not already done so, sign up for Behavior Analyst email updates here.
- Stay up to date with the latest news about our medical and health professions programs by reading our newsletter, TDLR Health Monitor, at www.tdlr.texas.gov/healthmonitor.htm.
- The Behavior Analyst Advisory Board and TDLR Commission meetings are available to watch online live or later at your convenience at the TDLR YouTube page.
- TDLR has a Facebook page dedicated to TDLR Medical and Health Professions. Follow us for important news and the latest information: www.facebook.com/TDLRHealth/
We are here to assist you with your important work in any way we can.
Governor Approves Regulatory Suspensions to Facilitate Services to Behavior Analyst Clients During the COVID-19 Pandemic
April 9, 2020
To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements, to the extent necessary, to allow licensees of the Behavior Analysts program to provide more services to clients through telehealth and to ease other licensing restrictions.
These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend the following provisions:
Supervision of a behavior analyst student, intern, or fellow by a licensed behavior analyst or an instructor in a course sequence approved by the certifying entity may now be done through telehealth if approved by the university and/or certifying entity (suspension of Texas Occupations Code, §506.055(2)).
Applied behavior analysis interventions are based on scientific research and the direct observation and measurement of behavior and environment. Telehealth may now be used for direct observation and measurement of behavior and environment, as allowed by the certifying entity (suspension of Texas Occupations Code, §506.003(c)(1)).
Licensees who need additional information on billing policies relating to the provision of telehealth services during the COVID-19 pandemic should contact Texas Health and Human Services Medicaid or managed care organizations (MCOs), as policies are changing rapidly. It is critical to check with your payor before initiating a new type of service or service delivery model, such as telehealth.
Before providing telehealth services, licensees should verify the applicability of other requirements and obligations, such as HIPAA and other medical and personal privacy requirements.
Guidance Statement on TDI Rules Related to Senate Bill 1264
December 18, 2019
The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).
SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpage for additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.
TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint online with TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.
TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.
Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Tropical Storm Imelda Disaster Response
September 23, 2019
On September 19, 2019 in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with Tropical Storm Imelda disaster response operations.
The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.
This suspension is in effect until terminated by the Office of the Governor or until the Tropical Storm Imelda disaster declaration is lifted or expires.
For the healthcare provider types listed below, a healthcare facility must submit to the TDLR by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: email@example.com
TDLR licenses the following healthcare providers:
- Athletic Trainers
- Behavior Analysts
- Dyslexia Therapists and Practitioners
- Hearing Instrument Fitters and Dispensers
- Orthotists and Prosthetists
- Speech-Language Pathologists and Audiologists
If you have questions or need assistance, please call (800) 803-9202 Monday through Friday from 7 a.m. to 6 p.m. or email firstname.lastname@example.org.
Vacancy on Behavior Analyst Advisory Board
April 24, 2019
The Texas Department of Licensing and Regulation (Department) announces one vacancy on the Behavior Analyst Advisory Board (Board) established by Texas Occupations Code, Chapter 506. The Board advises the Texas Commission of Licensing and Regulation (Commission) in adopting rules, administering and enforcing the Occupations Code covering Behavior Analysts, and setting fees. The Board meets at the call of the presiding officer of the Commission or the executive director of the Department. This announcement is for:
- one public member who is either a former recipient of applied behavior analysis services or the parent or guardian of a current or former recipient of applied behavior analysis services.
The Board consists of nine members appointed by the presiding officer or the Commission, with the approval of the Commission. Members serve staggered six-year terms with the terms of three members expiring on February 1 of each odd-numbered year. A member may not serve more than two consecutive six-year terms. The Board is composed of the following members:
- four licensed behavior analysts, at least one of whom must be certified as a Board Certified Behavior Analyst--Doctoral or hold an equivalent certification issued by the certifying entity;
- one licensed assistant behavior analyst;
- one physician who has experience providing mental health or behavioral health services; and
- three members who represent the public and who are either former recipients of applied behavior analysis services or the parent or guardian of a current or former recipient of applied behavior analysis services.
Interested persons should submit an application on the Department website. Applicants can also request an application from the Department by telephone (800-803-9202) or by email (email@example.com).
This is not a paid position and there is no compensation or reimbursement for serving on the Board.
- Advisory Board applications available: August 1, 2017
- Advisory Board appointments by Texas Commission of Licensing & Regulation: October 2017
- Advisory Board meeting (voted to propose rules): December 13, 2017
- Proposed rules published for public comment: February 2, 2018
- Advisory Board meeting (voted to send rules to Commission for adoption): March 16, 2018
- TDLR Commission voted to adopt rules: March 27, 2018
- New rules become effective: May 1, 2018
- Licensing applications available: June 15, 2018
- License required: September 1, 2018
Advisory Board Meetings
November 4, 2020
The next Behavior Analyst Advisory Board meeting is scheduled for Wednesday, November 4, 2020 at 10:00 AM. The meeting will be held via videoconference and will be viewable on TDLR’s YouTube page. When the agenda and staff reports are available, they will be posted online.
January 29, 2020