Questions Regarding Behavior Analyst Licensure in Texas

 

1.  What law established licensure of behavior analysts in Texas? Where can I find a copy of it to read for myself?

            The law establishing behavior analyst licensure in Texas is Senate Bill (SB) 589 passed by the 85th Texas Legislature, signed by Governor Greg Abbott on 06/15/17. A copy of the final (enrolled) version of the bill is available at no cost online.         

 

2. When does the behavior analyst licensure law go into effect?

            The law actually goes into effect September1, 2017. At that point, the Texas Department of Licensing and Regulation (TDLR), the state agency issuing behavior analyst licensing will officially begin the work of developing the behavior analyst licensing mechanisms, board, procedures, application, and application process.

 

3. What has to occur before behavior analyst licenses will be issued?

            Here's a timeline provided by The Texas Department of Licensing and Regulation, which has published a page on their website for behavior analysts.

• Advisory Board applications available: August 1, 2017

• Advisory Board appointments by Texas Commission of Licensing & Regulation: October 2017

• First Advisory Board meeting: November 2017

• Advisory Board meeting to consider proposed rules: January 2018

• Proposed rules published for public comment: January 2018

• TDLR Commission adopts final rules: March 2018

• New rules become effective: May 1, 2018

• Licensing applications available: May 1, 2018

• License required: September 1, 2018

 

4. When will behavior analyst licenses begin being issued?

            A specific date has not as yet been set, but according to the law it will be between April 1, 2018 and September 1, 2018.

 

5. How will official information regarding licensure of behavior analysts be available?

            The TDLR established a publicly available, free webpage in July, 2017 regarding behavior analysis.

 

6. When will behavior analyst licenses be required?

            The law specifies that behavior analysts in Texas must be licensed beginning on September 1, 2018.

 

7. What will I have to do to become a licensed behavior analyst in Texas?

            To be a Licensed Behavior Analyst in Texas, a person must have the BCBA or BCBA-D credential from the BACB, submit an application (to be developed and made available), submit the required fee (to be determined), submit evidence of successful completion of a criminal background check, indication of ".... compliance with all professional, ethical, and disciplinary standards established by the certifying entity" (BACB)- procedures to be developed, and evidence of not being "... subject to any disciplinary action by the certifying entity," (BACB)- procedures to be developed.

            To be a Licensed Assistant Behavior Analyst in Texas, the requirements are essentially the same as for a Licensed Behavior Analyst except that the person must possess the BCaBA credential.

 

8. To become licensed under the Texas behavior analyst licensure law, will I have to take a test in addition to anything required by the BACB?

            No

 

9. Will Board Certified Assistant Behavior Analysts (BCaBAs) be licensed in Texas when the licensure law is fully in effective?

            Yes

 

10. When the Texas behavior analyst licensure law is fully in effect, will Board Certified Assistant Behavior Analysts (BCaBAs) be required to be licensed in Texas?

            Yes

 

11. Does the Texas behavior analyst licensure law have any impact on Registered Behavior Technicians?

            No, other than requiring that the BCBAs and BCBaBAs supervising RBTs in Texas will have to be licensed.

 

12. Who is exempt from the law? 

           Other licensed professionals who have the training within their competency, family members and guardians, teachers, school employees, students, interns, fellows, individuals working with nonhumans, professors or researchers, or those from other states or jurisdictions.

 

13. How will establishment of behavior analyst licensure in Texas impact Licensed Psychologists? What if they are BCBAs or BCBA-Ds?

            The just passed state law establishing behavior analyst licensure in Texas (i.e., SB 589) includes an exemption for Licensed Psychologists in Texas, as well as other licensed professionals, such that they do not have to obtain a license as a behavior analyst to practice behavior analysis in Texas, given that their training and experience prepare them for competent provision of behavior analysis services. If a Licensed Psychologist with appropriate preparation provides behavior analysis services, including one with the BCBA or the BCBA-D credential, does not become a Licensed Behavior Analyst in Texas, they cannot call themself a Licensed Behavior Analyst, but they can continue to provide behavior analytic services.  A Licensed Psychologist in Texas (as well as any other licensed professional) can, of course, become a Licensed Behavior Analyst- they are not prohibited from doing so. 

 

14. How will establishment of behavior analyst licensure in Texas impact Licensed Psychological Associates? What if they are BCBAs?

            The just passed state law establishing behavior analyst licensure in Texas (i.e., SB 589) includes an exemption for licensed professionals in Texas- including Licensed Psychological Associates, such that they do not have to obtain a license as a behavior analyst to practice behavior analysis in Texas, given that their training and experience prepare them for competent provision of behavior analysis services. In addition, any such Licensed Psychological Associate MUST continue to receive the supervision of a Licensed Psychologist as required for all Licensed Psychological Associates, given they are work as a Licensed Psychological Associate. If a Licensed Psychological Associate with appropriate preparation provides behavior analysis services, including one with the BCBA credential, but does not become a licensed behavior analyst in Texas, they cannot call themself a licensed behavior analyst, though they can continue to provide behavior analytic services (with the required supervision, of course, of a Licensed Psychologist).  A Licensed Psychological Associate in Texas (as well as any other licensed professional) can, of course, become a licensed behavior analyst- they are not prohibited from doing so. A Licensed Psychological Associate who becomes a Licensed Behavior Analyst possibly could practice independently as a Licensed Behavior Analyst BUT could NOT represent their behavior analytic services as done by a Licensed Psychological Associate.

 

15. Under the behavior analyst licensure law recently signed by the Texas governor (SB 589), will  BCBAs will be prohibited from providing in-service training to anyone other than persons  with whom they work directly, after behavior analyst licensure goes into effect?

            The behavior analyst licensure law signed by the Governor (i.e., SB 589) does not directly address the issue of to whom licensed behavior analysts and licensed assistant behavior analysts may provide any type of training/ in-service. There is no explicit, or even, so far as we can tell, implicit prohibition of their providing training to anyone. Licensed persons will be free to provide training, including making presentations, to anyone. This assumes, of course, that all training and presentations are done in a manner consistent with the BACB’s rules regarding professional and ethical compliance.

 

16. Once BCBA's are licensed, will they be required to maintain the BACB certification in addition to licensure?

            As we understand the newly enacted behavior analyst licensure law for Texas, the answer is "Yes".

 

17. If someone was eligible to be "grandfathered in" for certification as a BCBA  years ago when the certification process began, now that the time allowed to be "grandfathered-in" is past, can I be licensed as a behavior analyst in  Texas?

            The law specifies that becoming a Licensed Behavior Analyst in Texas requires certification by the BACB  and does not make provision for an alternative way for someone to become eligible for licensure and does not allow for a person to be "grandfathered-in" as a Licensed Behavior Analyst. Expedited pursuit of certification through the BACB seems a wise step.

 

18. Has the Behavior Analysis Advisory Board been appointed?

            Yes, the Behavior Analysis Advisory Board was announced by TDLR on October 20, 2017. The members are (this information was copied from the TDLR website, https://www.tdlr.texas.gov/bhv/bhvboard.htm )