16 Tex. Admin. Code § 121.70 - Administrative Practice Responsibilities of License Holders

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

(b) A license holder shall:

(1) inform the department of any violations of this chapter or the Act;

(2) promptly provide upon request any documents or information that satisfactorily demonstrates to the department the license holder's qualifications for certification by the certifying entity or for licensure by the department;

(3) report, in accordance with §121.74, to the department any fact that may affect a license holder's qualifications to hold a certification or license;

(4) 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;

(5) 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;

(6) comply with any order issued by the commission or the executive director that relates to the license holder;

(7) promptly provide upon request documents, including treatment plans or service agreements, to demonstrate compliance with the Act, this chapter, or an order of the commission;

(8) comply with applicable professional and ethical standards and requirements including those of the license holder's certifying entity when creating a written agreement for services;

(9) upon revision or amendment of a written agreement for services, obtain the signatures of all parties;

(10) 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; and

(11) 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.

Notes

16 Tex. Admin. Code § 121.70

Adopted by Texas Register, Volume 43, Number 17, April 27, 2018, TexReg 2570, eff. 5/3/2018; Amended by Texas Register, Volume 45, Number 30, July 24, 2020, TexReg 5192, eff. 8/1/2020; Amended by Texas Register, Volume 46, Number 22, May 28, 2021, TexReg 3389, eff. 6/1/2021; Adopted by Texas Register, Volume 49, Number 08, February 23, 2024, TexReg 1089, eff. 2/29/2024