(a) This section is authorized under Texas Occupations Code, Chapters 51 and 506.
  (1) If a person violates any provision of Texas Occupations Code, Chapters 51, 111, 506, or any other applicable provision, this chapter, or a rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of the Texas Occupations Code and the associated rules.
  (2) The enforcement authority granted under Texas Occupations Code, Chapters 51 and 506, and any associated rules may be used to enforce the Texas Occupations Code and this chapter.
(b) The department may consult the requirements of the certifying entity and the BACB Ethics Code for Behavior Analysts in the application and enforcement of this chapter.
(c) The department will apply the requirements of this section consistent with the requirements, guidance, and interpretations of the certifying entity unless an alternate interpretation is reasonably necessary.
(d) The department may refer or report information to a certifying entity, including complaints, investigations, and violations of Texas law, rules, or orders that are or may be relevant to the qualifications of any person to obtain or maintain a certification.
(e) The commission has adopted rules for health-related programs in Chapter 100 pursuant to Texas Occupations Code §51.2031 and §51.501. Behavior analysis license holders are subject to the Ch. 100 rules, which include provisions related to telehealth.
(f) The commission or the executive director may deny a license, place sanctions on a license, or impose an administrative penalty when a person through fraud, misrepresentation, concealment of a material fact, or in violation of the certifying entity's requirements, the Act, or this chapter:
  (1) obtains, renews, or maintains a license; or
  (2) practices or offers to practice behavior analysis services.

Source Note: The provisions of this §121.90 adopted to be effective May 1, 2018, 43 TexReg 2570; amended to be effective February 29, 2024, 49 TexReg 1085