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Frequently Asked Questions
1. When will TDLR start issuing licenses?
TDLR will begin issuing licenses to Behavior Analysts and Assistant Behavior Analysts no later than September 1, 2018.
2. Who is required to hold a license?
Any person who is engaged in the practice of Applied Behavior Analysis, or who uses the title “Behavior Analyst” or “Assistant Behavior Analyst,” unless the person is exempt from licensure (see #4 below).
3. What is “Applied Behavior Analysis”?
As defined by Texas law, Texas Occupations Code, Section 506.003, the practice of Applied Behavior Analysis is the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. It includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment or functional analysis.
It does not include psychological testing, psychotherapy, cognitive therapy, psychoanalysis, hypnotherapy, or counseling as treatment modalities; or the diagnosis of disorders.
4. Who is exempt from the requirement to hold a license?
Texas Occupations Code, Sections 506.051 – 506.059 provide numerous exemptions, including:
- Licensed psychologists
- Other licensed professionals
- Family members and guardians
- Students, interns, and fellows
- Supervised experience
- Temporary services of behavior analyst from another state
- Teacher or employee of school district
- Persons who do not provide direct services
Please read the exact language in the law before assuming your activities are considered exempt.
5. Is there a grandfathering period for persons who do not meet the requirements to hold a license?
No. As of September 1, 2018, you may not practice Applied Behavior Analysis or use the title “Behavior Analyst” or “Assistant Behavior Analyst” in Texas unless you qualify for, and hold, the appropriate license.
6. How do I stay informed about changes impacting me?
You have several options to stay connected:
- Email updates - Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
- Meetings - TDLR’s Advisory board and Commission meetings are available to watch online live or later at your convenience at TDLR’s YouTube channel.
- Facebook and Twitter - TDLR has a Facebook page and Twitter account dedicated to TDLR Health Professions.
- Advisory Board applications available: August 1, 2017
- Advisory Board appointments by Texas Commission of Licensing & Regulation: September 2017
- First Advisory Board meeting: November 2017
- Advisory Board meeting to consider proposed rules: January 2018
- Proposed rules published for public comment: February 2018
- TDLR Commission adopts final rules: March 2018
- New rules become effective: April 2018
- Licensing applications available: May 1, 2018
- License required: September 1, 2018
- TDLR begins issuing licenses no later than: September 1, 2018
Vacancies on Behavior Analyst Advisory Board
The Texas Department of Licensing and Regulation (TDLR) announces nine vacancies on the Behavior Analyst Advisory Board (Board) established by Texas Occupations Code, Chapter 506, Subchapter C. The purpose of the Board is to provide advice and recommendations Texas Commission of Licensing and Regulation (Commission) and TDLR on technical matters relevant to the administration of this chapter. This announcement is for the positions listed below.
The Board is composed of the following nine members appointed by the presiding officer of the Commission with the approval of the Commission as follows:
(1) four behavior analysts who are:
a. currently certified by the certifying entity as a Board Certified Behavior Analyst or a Board-Certified Behavior Analyst—Doctoral or an equivalent certification issued by the certifying entity;
b. have met the educational requirements of the Board Certified Behavior Analyst standard or the Board Certified Behavior Analyst—Doctoral standard or an equivalent standard adopted by the certifying entity;
c. passed the Board Certified Behavior Analyst examination, or an equivalent examination offered by the certifying entity, in applied behavior analysis;
d. are in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and
e. are not subject to any disciplinary action by the certifying entity.
(2) one assistant behavior analyst who:
a. is currently certified by the certifying entity as a Board Certified Assistant Board Analyst or an equivalent certification issued by the certifying entity;
b. has met the educational requirements of the Board Certified Assistant Behavior Analyst standard or an equivalent standard adopted by the certifying entity;
c. has passed the Board Certified Assistant Behavior Analyst examination, or an equivalent examination offered by the certifying entity, in applied behavior analysis;
d. is in compliance with all professional, ethical, and disciplinary standards established by the certifying entity; and
e. is currently supervised by a licensed Behavior Analyst in accordance with the requirements of the certifying entity.
(3) one physician who has experience providing mental health or behavioral health services; and
(4) three members who represent the public and who are either former recipients of applied behavior analysis services or the parent or guardian of a current or former recipient of applied behavior analysis services.
In this initial appointment, the presiding officer of the Commission shall designate the terms of service for members of the board as follows:
a. three members’ terms will expire on February 1, 2019,
b. three members’ terms will expire on February 1, 2021, and
c. three members’ terms will expire on February 1, 2023.
Serving on the Board is not a paid position and there is no compensation for serving on the Board.