The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--Texas Occupations Code, Chapter 506.
(2) Advertising--The offer to perform behavior analysis services by an individual or business, including utilizing the titles "licensed behavior analyst" or "licensed assistant behavior analyst."
(3) Advisory Board--The Behavior Analyst Advisory Board.
(4) Applicant--A person who applies for a license to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis.
(5) Applied behavior analysis--The practice of applied behavior analysis is defined and described in the Act, §506.003.
(6) Authorized representative--A person or entity that is legally authorized to represent the interests of a client and perform functions including making decisions about behavior analysis services.
(7) Behavior Analyst Certification Board (BACB)--A certifying entity for persons practicing behavior analysis.
(8) Client--A person who is:
(9) Commission--The Texas Commission of Licensing and Regulation.
(10) Department--The Texas Department of Licensing and Regulation.
(11) Direct observation--A method of data collection that consists of observing the object of study in a particular situation or environment.
(12) Executive director--The executive director of the department.
(13) Indirect supervision--Supervision of a person who performs behavior analysis services but which does not occur when services are being provided to a client. This may include behavioral skills training and delivery of performance feedback; modeling technical, professional, and ethical behavior; guiding behavioral case conceptualization, problem-solving, and decision-making repertoires; review of written materials such as behavior programs, data sheets, or reports; oversight and evaluation of the effects of behavioral service delivery; and ongoing evaluation of the effects of supervision.
(14) License--A license issued under the Act authorizing a person to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis.
(15) License holder--A person who has been issued a license in accordance with the Act to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis.
(16) Multiple relationship--A personal, professional, business, or other type of interaction by a license holder with a client or with a person or entity involved with the provision of behavior analysis services to a client that is not related to, or part of, the behavior analysis services.
(17) Service agreement--A signed written contract for behavior analysis services. A service agreement includes responsibilities and obligations of all parties and the scope of behavior analysis services to be provided. A service agreement may be identified by other terms including treatment agreement, Memorandum of Understanding (MOU), or Individualized Education Program (IEP).
(18) Supervision--Supervision of a person who performs behavior analysis services, and may include both direct and indirect supervision. A license holder may engage in direct supervision or indirect supervision in-person and on-site, through telehealth, or in another manner approved by the license holder's certifying entity.
(19) Telehealth--See definitions in Subchapter E. Telehealth.
(20) Treatment plan--A written behavior change program for an individual client. A treatment plan includes consent, objectives, procedures, documentation, regular review, and exit criteria. A treatment plan may be identified by other terms including Behavior Intervention Plan, Behavior Support Plan, Positive Behavior Support Plan, or Protocol.
Source Note: The provisions of this §121.10 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective August 1, 2020, 45 TexReg 5192; amended to be effective June 1, 2021, 46 TexReg 3389; amended to be effective February 29, 2024, 49 TexReg 1085