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

2. (b) Administrative Practice Responsibilities. 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) when creating a written agreement for services, comply with applicable professional and ethical standards and requirements including those of the license holder's certifying entity.
   9. (9) upon revision or amendment of a written agreement for services, obtain the signatures of all parties.
   10. (10) 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.

   11. (11) 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.
   12. (12) 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.
   13. (13) display the current original license certificate as issued by the department in the primary location of practice, if any, or in the license holder's business office, but shall not display a license that has been photographically or otherwise reproduced.
   14. (14) carry and display a department-issued duplicate of the current license certificate or license card or an unmodified image of the department-issued license certificate or license card, as appropriate and necessary, at locations other than the primary location of practice. The license holder shall produce the current original department-issued license certificate or license card upon request.
   15. (15) use electronic methods to create, amend, or sign documents, and accept signatures of clients on documents related to the provision of behavior analysis services, only in accordance with applicable law.

3. (c) Professional Services Practice Responsibilities. A license holder shall:

   1. (1) enter into a service agreement with a client, as defined in §121.10(7), when behavior analysis services are to be provided;

      1. (A) The services to be delivered shall be described in a service agreement and may include the following activities: consultation, assessment, training, treatment design, treatment implementation, and treatment evaluation.
      2. (B) A treatment plan shall be created when the service agreement provides for a behavior analyst to deliver treatment to an individual.
      3. (C) A treatment plan is not required if a behavior analyst will not deliver treatment to an individual.

   2. (2) include in the service agreement or otherwise document and disclose to the client, as appropriate;

      1. (A) conflicts of interest or multiple relationships that the license holder is aware of or becomes aware of, as defined in §121.10;
      2. (B) a description of how a conflict of interest or multiple relationship will be addressed if one is discovered or disclosed;
      3. (C) the acknowledgment of known conflicts of interest or multiple relationships and agreement to begin or to continue behavior analysis services despite them; and
      4. (D) a reasoned justification for beginning or continuing to provide behavior analysis services if conflicts of interest or multiple relationships are acknowledged;
   3. (3) re-evaluate treatment progress as needed and at least annually, and document the evaluation; and
   4. (4) comply with all applicable requirements of the license holder's certifying entity, including the BACB Professional and Ethical Compliance Code for Behavior Analysts, when entering into service agreements and providing behavior analysis services.
4. (d) 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.
5. (e) 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; amended to be effective August 1, 2020, 45 TexReg 5192.