16 Tex. Admin. Code § 121.90 - Basis for Disciplinary Action
(a) This
section is authorized under Texas Occupations Code, Chapters 51 and 506.
(1) If a person violates any provision of
Texas Occupations Code, Chapters 51, 111, 506, or any other applicable
provision, this chapter, or a rule or order of the executive director or
commission, proceedings may be instituted to impose administrative penalties,
administrative sanctions, or both in accordance with the provisions of the
Texas Occupations Code and the associated rules.
(2) The enforcement authority granted under
Texas Occupations Code, Chapters 51 and 506, and any associated rules may be
used to enforce the Texas Occupations Code and this chapter.
(b) The department may consult the
requirements of the certifying entity and the BACB Ethics Code for Behavior
Analysts in the application and enforcement of this chapter.
(c) The department will apply the
requirements of this section consistent with the requirements, guidance, and
interpretations of the certifying entity unless an alternate interpretation is
reasonably necessary.
(d) The
department may refer or report information to a certifying entity, including
complaints, investigations, and violations of Texas law, rules, or orders that
are or may be relevant to the qualifications of any person to obtain or
maintain a certification.
(e) The
commission has adopted rules for health-related programs in Chapter 100
pursuant to Texas Occupations Code §
51.2031 and §
51.501. Behavior
analysis license holders are subject to the Ch. 100 rules, which include
provisions related to telehealth.
(f) The commission or the executive director
may deny a license, place sanctions on a license, or impose an administrative
penalty when a person through fraud, misrepresentation, concealment of a
material fact, or in violation of the certifying entity's requirements, the
Act, or this chapter:
(1) obtains, renews, or
maintains a license; or
(2)
practices or offers to practice behavior analysis services.
Notes
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