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News and Updates
Proposed Rule Changes
January 9, 2023
The Texas Department of Licensing and Regulation proposes amendments to existing rules at 16 TAC, Chapter 121, Subchapter A, §121.10; Subchapter B, §§121.20-121.22, 121.27, and 121.30; Subchapter D, §121.71 and §121.75; and Subchapter G, §121.90 and §121.95; new rules at 16 Texas Administrative Code (TAC), Chapter 121, Subchapter B, §121.26; Subchapter D, §§121.70, 121.72-121.74; Subchapter E, §§121.76-121.81; and Subchapter F, §121.85; and the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 121, §§121.23, 121.24, 121.26, 121.50, 121.70, and 121.80 regarding the Behavior Analyst program, and the addition of subchapter titles to an existing chapter. The proposed rules implement changes from the internal four-year rule review and are necessary to provide guidelines to health professionals for the use of telehealth, update rule provisions to reflect current Department procedures, restructure the existing rules for better organization, and amend outdated rule language.
The proposed rules were published in the January 6, 2023, issue of the Texas Register (48 TexReg 9). The Department will accept comments on the proposal until February 6, 2023.
The Department encourages anyone interested in the Behavior Analyst program to review the rule proposal online. Comments may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules.
Commission Re-Adopts Rules
November 22, 2022
At its meeting held October 18, 2022, the Texas Commission of Licensing and Regulation adopted the rule review of 16 Texas Administrative Code (TAC) Chapter 121, Behavior Analyst, effective November 2, 2022.
The rule review adoption was published in the November 11, 2022, issue of the Texas Register (47 TexReg 7567).
The Department encourages all persons interested in the Behavior Analyst program to review the rule review adoption. The adoption justification may be viewed online.
TDLR Health Monitor – October 2022 Edition
October 20, 2022
Articles in the October 2022 edition of The Health Monitor include updates on:
- Raising Awareness in October For Audiology, Dyslexia and Massage Therapy
- Proposed Rule Amendments For Orthotists and Prosthetists
- Podiatry Applications Now Available Online
- Test Proctors Needed For HFD Exams
Notice to prospective licensees, current licensees renewing their licenses, and stakeholders
December 4, 2020
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.
If you need to submit a transcript, please ask your university to send electronic transcripts to TDLR at firstname.lastname@example.org 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
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.