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 TDLRโs 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, ยง506.055(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, ยง506.003(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.