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:
    (A) an individual receiving behavior analysis services from a license holder;
    (B) an authorized representative of the individual receiving behavior analysis services; or
    (C) an individual, institution, school, school district, educational institution, agency, firm, corporation, organization, government or governmental subdivision, business trust, estate, trust, partnership, association, or any other legal entity not receiving behavior analysis services for its own treatment purposes.
  (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