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Frequently Asked Questions
1. When will TDLR start issuing licenses for the Behavior Analyst program?
TDLR will begin issuing licenses to Behavior Analysts and Assistant Behavior Analysts no later than September 1, 2018.
2. Who needs to be licensed?
Starting September 1, 2018, the following professionals will need to be licensed in Texas:
- Persons who use the title “licensed behavior analyst” or “licensed assistant behavior analyst”
- Persons who use the title “behavior analyst” unless exempt by law
- Persons who engage in the practice of applied behavior analysis unless exempt by law
3. Who does not need to be licensed?
- College or university students, interns, and fellows, as part of a program of study, course, practicum, internship, or postdoctoral fellowship
- Paraprofessionals, including technicians, providing services under the direction of a licensee
- Unlicensed persons pursuing supervised experience in applied behavior analysis
- Family members and guardians implementing a behavior analysis treatment plan
- Exempt persons (see Question #4 below)
4. Who is exempt by law from the new requirement for licensure?
- Licensed psychologists
- Other licensed professionals, if applied behavior analysis is in scope for their license
- Teachers and school employees of a private or public school
- Out of state behavior analysts providing temporary services for no more than 20 days per calendar year
5. Who can use the title “behavior analyst”?
There are only three groups that can use the title “behavior analyst” in Texas as of September 1, 2018:
- Behavior analysts and assistant behavior analysts licensed by TDLR
- Exempt professionals as specifically listed in the law
- Unlicensed persons who do not provide any direct services to individuals, including:
- Animal trainers
- Instructors or researchers
- Professionals providing general services to organizations
6. I am a Registered Behavior Technician with the Behavior Analyst Certification Board®, Inc. (BACB®). Do I need to apply for a license?
No. There is no license available in Texas for Behavior Technicians.
The behavior analysts law does not apply to paraprofessionals who practice under the extended authority and direction of a licensed behavior analyst or licensed assistant behavior analyst and who are designated as a:
- Applied behavior analysis technician;
- Behavior technician;
- Tutor; or
- Front-line therapist
7. Is there a grandfathering period for persons who do not meet the requirements to hold a license?
No. As of September 1, 2018, you may not practice applied behavior analysis or use the title “Behavior Analyst” or “Assistant Behavior Analyst” in Texas unless you qualify for, and hold, the appropriate license.
8. How do I stay informed about changes impacting me?
You have several options to stay connected:
- Email updates- Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
- Meetings- TDLR’s Advisory board and Commission meetings are available to watch online live or later at your convenience at TDLR’s YouTube channel.
- Facebook and Twitter- TDLR has a Facebook page and Twitter account dedicated to TDLR Medical and Health Professions.
- Advisory Board applications available: August 1, 2017
- Advisory Board appointments by Texas Commission of Licensing & Regulation: October 2017
- First Advisory Board meeting: November 2017
- Advisory Board meeting to consider proposed rules: January 2018
- Proposed rules published for public comment: January 2018
- TDLR Commission adopts final rules: March 2018
- New rules become effective: May 1, 2018
- Licensing applications available: May 1, 2018
- License required: September 1, 2018
Vacancies on Behavior Analyst Advisory Board
The Texas Department of Licensing and Regulation (TDLR) announces nine vacancies on the Behavior Analyst Advisory Board (Board) established by Texas Occupations Code, Chapter 506, Subchapter C. The purpose of the Board is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) and TDLR on technical matters relevant to the administration of this chapter. This announcement is for the positions listed below.
The Board is composed of the following nine members appointed by the presiding officer of the Commission with the approval of the Commission as follows:
(1) four behavior analysts who are:
(a). currently certified by the certifying entity as a Board Certified Behavior Analyst or a Board-Certified Behavior Analyst—Doctoral or an equivalent certification issued by the certifying entity;
(b). have met the educational requirements of the Board Certified Behavior Analyst standard or the Board Certified Behavior Analyst—Doctoral standard or an equivalent standard adopted by the certifying entity;
(c). passed the Board Certified Behavior Analyst examination, or an equivalent examination offered by the certifying entity, in applied behavior analysis;
(d). are in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and
(e). are not subject to any disciplinary action by the certifying entity.
(2) one assistant behavior analyst who:
(a). is currently certified by the certifying entity as a Board Certified Assistant Board Analyst or an equivalent certification issued by the certifying entity;
(b). has met the educational requirements of the Board Certified Assistant Behavior Analyst standard or an equivalent standard adopted by the certifying entity;
(c). has passed the Board Certified Assistant Behavior Analyst examination, or an equivalent examination offered by the certifying entity, in applied behavior analysis;
(d). is in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and
(e). is currently supervised by a licensed Behavior Analyst in accordance with the requirements of the certifying entity.
(3) one physician who has experience providing mental health or behavioral health services; and
(4) 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.
In this initial appointment, the presiding officer of the Commission shall designate the terms of service for members of the board as follows:
(a). three members’ terms will expire on February 1, 2019,
(b). three members’ terms will expire on February 1, 2021, and
(c). three members’ terms will expire on February 1, 2023.
Serving on the Board is not a paid position and there is no compensation for serving on the Board.