16 Tex. Admin. Code § 121.71 - Professional Services Practice Responsibilities of License Holders
(a) A license holder shall:
(1) enter into a service agreement with a
client, as defined in §121.10, when behavior analysis services are to be
provided;
(A) A behavior analyst shall
describe the services to be delivered in a service agreement that may include
the following activities: consultation, assessment, training, treatment design,
treatment implementation, and treatment evaluation.
(B) A behavior analyst shall create a written
treatment plan when the service agreement provides for delivering treatment to
an individual.
(C) A treatment plan
is not required if a license holder will not deliver treatment to an
individual.
(2) include
in the service agreement or otherwise document and disclose to a client, as
appropriate:
(A) the client's consent to
treatment that is transitional or provisional or for which its effectiveness
has not yet been established, or effectiveness has not yet been established for
the method, manner, or mode of treatment for which consent is
obtained;
(B) conflicts of interest
or multiple relationships that a license holder is aware of or becomes aware
of, as defined in §121.10;
(C)
a description of how a conflict of interest or multiple relationship will be
addressed if one is discovered or disclosed;
(D) the acknowledgment of known conflicts of
interest or multiple relationships and agreement to begin or to continue
behavior analysis services despite them; and
(E) a reasoned justification for beginning or
continuing to provide behavior analysis services if conflicts of interest or
multiple relationships are acknowledged;
(3) re-evaluate treatment progress as needed
and at least annually, and document the evaluation; and
(4) comply with all applicable requirements
of the license holder's certifying entity, including the BACB Ethics Code for
Behavior Analysts, when entering into service agreements and providing behavior
analysis services.
(b) 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.
(c) 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.
Notes
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