The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--Texas Occupations Code, Chapter 506.
2. (2) Advertising--The solicitation for business utilizing the titles "licensed behavior analyst" or "licensed assistant behavior analyst."
3. (3) Advisory Board--The Behavior Analyst Advisory Board.
4. (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. (5) Asynchronous telehealth--Store-and-forward telehealth practice including the transmission of images or data when the data transfer does not occur in real-time.
6. (6) Authorized representative--A person or entity that is authorized to represent the interests of a client and to perform functions including making decisions about behavior analysis services.
7. (7) Behavior Analyst Certification Board (BACB)--a certifying entity for persons practicing behavior analysis.

8. (8) Client--A person who is receiving behavior analysis services from a license holder for the person's own treatment purposes, or a person or entity who is not receiving behavior analysis services from a license holder for their own treatment purposes including:

   1. (A) an authorized representative of the person receiving behavior analysis services for the person's own treatment purposes; or
   2. (B) 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.
9. (9) Client site--The physical location of a client at the time behavior analysis services are practiced through synchronous or asynchronous telehealth. Also termed the origination site.
10. (10) Commission--The Texas Commission of Licensing and Regulation.
11. (11) Department--The Texas Department of Licensing and Regulation.
12. (12) Direct observation--A method of data collection that consists of observing the object of study in a particular situation or environment.
13. (13) Direct supervision--Supervision of a person who is performing behavior analysis services with a client.
14. (14) Executive director--The executive director of the department.
15. (15) Facilitator--An individual physically present with a client who assists with the delivery of behavior analysis services at the direction of a behavior analyst or assistant behavior analyst.
16. (16) 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.
17. (17) 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.
18. (18) 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.
19. (19) 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.
20. (20) Provider--An individual who holds a current, renewable, behavior analyst or assistant behavior analyst license under this chapter, or who is authorized to provide behavior analysis services.
21. (21) Provider site--The physical location of a provider at the time behavior analysis services are furnished through synchronous or asynchronous telehealth. Also termed the distance site.
22. (22) 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).
23. (23) Supervision--Supervision of a person who performs behavior analysis services, and may include both direct and indirect supervision.
24. (24) Synchronous telehealth--telehealth services that require transmission of images, video, or data through a communication link for real-time interaction to take place.
25. (25) Telecommunications--Interactive communication by two-way transmission using telecommunications technology, including, but not limited to sound, visual images, or computer data.

26. (26) Telecommunications technology--Computers and equipment used or capable of use for purposes of telecommunications, other than analog telephone, email, or facsimile technology and equipment. Telecommunications technology includes, but is not limited to:

    1. (A) compressed digital interactive video, audio, or data transmission;
    2. (B) clinical data transmission using computer imaging by way of still-image capture, storage and forward; and
    3. (C) other technology that facilitates the delivery of telehealth services.
27. (27) Telehealth service--The meaning of "telehealth service" is the same as defined in Occupations Code Chapter 111.
28. (28) 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.