1. (a) Licenses issued by the department remain the property of the department and shall be surrendered to the department on demand.

2. (b) A license holder shall:

   1. (1) inform the department of any violations of this chapter or the Act.
   2. (2) promptly provide upon request any documents or information satisfactory to the department to demonstrate the license holder's qualifications for certification by the certifying entity or for licensure by the department.
   3. (3) report to the department any fact that may affect the license holder's qualifications to hold a certification or license in accordance with §121.50.
   4. (4) notify each client or the minor client's parent or authorized representative of the department's name, website, email address, mailing address, and telephone number for the purpose of directing complaints to the department.
   5. (5) truthfully respond in a manner that fully discloses all information in an honest, materially responsive and timely manner to a complaint filed with or by the department.
   6. (6) not interfere with a department investigation or disciplinary proceeding in any way, including by misrepresentation or omission of facts to the department or using threats or harassment against any person.
   7. (7) comply with any order issued by the commission or the executive director that relates to the license holder.

   8. (8) provide a client or a minor client's parent or authorized representative with a written agreement for services prior to the commencement of behavior analysis services.

      1. (A) The agreement shall contain, at a minimum, a description of the services to be provided, goals, techniques, materials, the cost for services, payment arrangements and policies, hours, cancellation and refund policies, contact information for both parties, and the dated signatures of both parties.
      2. (B) Any subsequent modifications to the agreement shall be signed and dated by both parties.
   9. (9) maintain legible and accurate records of behavior analysis services rendered. A license holder practicing in an educational setting, school, learning center, or clinic shall comply with the recordkeeping requirements of the service setting or with the retention requirements of the certifying entity, if the latter are more stringent.

   10. (10) maintain records for a minimum of the longer of:

       1. (A) seven years following the termination of behavior analysis services;
       2. (B) seven years following the date on which a minor client reaches the age of 22; or
       3. (C) the retention period required by the certifying entity.
   11. (11) not delegate any services, functions, or responsibilities requiring professional competence to a person not competent or not properly credentialed. A license holder in private practice is responsible for the services provided by unlicensed persons employed or contracted by the license holder.
   12. (12) display the license in the primary location of practice, if any, but shall not display a license that has been photographically or otherwise reproduced.
3. (c) If any requirement of a license holder's certifying entity differs in stringency from a requirement of the Act or the commission rules, the more stringent provision shall apply.
4. (d) If any requirement of a license holder's certifying entity conflicts with a requirement of the commission rules such that the license holder cannot reasonably comply with both requirements, the license holder shall comply with the requirement of the certifying entity.

Source Note:The provisions of this §121.70 adopted to be effective May 1, 2018, 43 TexReg 2570.