Behavior Analysts

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News and Updates

Notice of Intent to Review Rules

The Texas Department of Licensing and Regulation (Department) is reviewing the Behavior Analysts program rules located at Title 16, Texas Administrative Code, Chapter 121 for re-adoption, revision, or repeal. This rule review is required every four years.

The Notice of Intent to Review was published in the Texas Register on April 29, 2022 (47 TexReg 2572).

The Department will determine whether the reasons for adopting or readopting these rules continue to exist by answering the following questions for each rule:

  • Is it obsolete?
  • Does it reflect current legal and policy considerations?
  • Is it in alignment with the current procedures of the Department?

The Department encourages anyone interested in the Behavior Analysts program to review the Notice of Intent to Review online and the current program rules posted on the Department’s website.

Comments may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules.

Deadline to submit comments — May 30, 2022.

Commission Adopts Rules

The Texas Commission of Licensing and Regulation adopted new rules at 16 Texas Administrative Code, Chapter 100, §§100.1 - 100.3, 100.11, 100.60 - 100.65, and 100.70 - 100.72, the repeal of existing rules at §§100.1, 100.10, 100.31 and 100.50, amendments to existing rules at §§100.20, 100.30, and 100.40, with the addition of subchapter titles to an existing chapter, regarding General Provisions for Health-Related Programs. The adopted rules implement Senate Bill (SB) 40, 87th Legislature, Regular Session (2021) and Tex. Occ. Code §51.501 by providing guidelines to health professionals for the use of telehealth and remote continuing education, update and amend outdated rule language, and relocate certain podiatry-specific provisions to the podiatry chapter.

The adoption justification was published in the April 22, 2022, issue of the Texas Register (47 TexReg 2128). The updated rule chapter will be made available upon its effective date of May 1, 2022.

TDLR Health Monitor – March 2022 Edition

Articles in the March 2022 edition of The Health Monitor includes updates on:

  • Hello From The Executive Director
  • Commissioner Spotlight: Helen Callier
  • TDLR Rule Adoptions in Multiple Programs
  • TDLR Publishes Health Occupations Report
  • New HHSC Human Trafficking Prevention Training Course

Proposed Rule Changes

The Texas Department of Licensing and Regulation proposes amendments to an existing rule at 16 Texas Administrative Code, Chapter 121, §121.69, regarding the Behavior Analysts program. The proposed rule makes the necessary rule changes for the Behavior Analysts program to align the program rules with the advisory board changes made by House Bill 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department.

The proposed rule was published in the February 4, 2022, issue of the Texas Register (47 TexReg 444). The Department will accept comments on the proposal until March 7, 2022.

The Department encourages anyone interested in the Behavior Analysts Program to review the rule proposal online at Proposed Rules Title 16 (texas.gov). Comments may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules.

TDLR Health Monitor – August 2021 Edition

Articles in this August 2021 edition of The Health Monitor includes updates on:

  • 2021 Legislative Session
  • Commissioner Spotlight
  • Athletic Trainers Mark 50 Years
  • Revised Massage Therapy Sample Consultation Document Available
  • How to File a Complaint

Commission Adopts Administrative Rules

The Texas Commission of Licensing and Regulation adopted amendments to existing rules at 16 Texas Administrative Code, Chapter 121, §§121.10, 121.21, 121.22, 121.70, 121.75, and new rule §121.71 regarding the Behavior Analyst program. The adopted amendments to existing rules establish standards and responsibilities for delivering behavior analysis services by license holders who choose to provide their services using telehealth.

The adoption justification was published in the May 28, 2021, issue of the Texas Register (46 TexReg 3389). The updated rule chapter will be made available upon its effective date of June 1, 2021.

Notice to prospective licensees, current licensees renewing their licenses, and stakeholders

Applicants can apply for new licenses and renew licenses online. TDLR strongly encourages you to take advantage of the opportunity to apply or renew online. The process is secure and easy to use – and faster than submitting paper-based applications and supporting documents, especially as TDLR deals with significant staffing issues related to COVID-19.

  • Applications submitted online can take 30 days to process once TDLR receives all required documents.
  • Applications submitted by mail may face significant delays, which may take up to 90 days once TDLR receives all required documents.

Access the online licensing system here. If you need to submit a document outside of the online application, please scan the document and send it to TDLR using our online customer service form.

If you need to submit a transcript, please ask your university to send electronic transcripts to TDLR at cs.transcript@tdlr.texas.gov instead of mailing in an original or certified copy of an original transcript. If your need to submit other documents, such as receipt of fingerprint submission, please scan the document and send it electronically to TDLR using our Customer Service form.

Thank you for helping us process your application or renewal more quickly.

Important Information To Help You Keep Your License Current And Active In Good Standing

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

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:

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)).

Practice:

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

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.

Advisory Board Meetings

Upcoming Meeting - June 7, 2022

The previously scheduled Behavior Analyst Advisory Board meeting has now been rescheduled to Tuesday, June 7, 2022 at 10:00 a.m. The meeting will be held via videoconference and will be viewable on TDLR's YouTube channel. When the agenda and staff reports are available, they will be posted online.

Previous Meeting - February 26, 2021

The Behavior Analyst Advisory Board met February 26, 2021 via videoconference. The meeting was archived and is available on TDLR's YouTube page. The agenda and staff reports (PDF) are available online.