TITLE 16. ECONOMIC REGULATION
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 121. BEHAVIOR ANALYST
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, Subchapter A, §121.10; Subchapter B, §§121.20 - 121.22, 121.25, and 121.26; Subchapter C, §§121.65, 121.67, and 121.68; Subchapter D, §§121.70 - 121.75; Subchapter E, §§121.76 - 121.81; Subchapter F, §121.85; and Subchapter G, §121.90 and §121.95; and new rules at new Subchapter H, §121.100, regarding the Behavior Analyst program. These proposed changes are referred to as the "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 121, implement Texas Occupations Code, Chapter 506, Behavior Analysts.
The proposed rules are necessary to implement the statutory changes made by Senate Bill (SB) 2075, 89th Legislature, Regular Session (2025), specifically, Section 18. The proposed rules amend and correct outdated terminology, simplify and clarify commonly used terms, explain new ethical requirements related to the use of artificial intelligence systems, and update the complaint process.
These changes are also necessary to implement technical clean-up changes and other changes recommended by Department staff during the Department's 4-year rule review, and also from recommendations generated during discussions between the Department and members of the Behavior Analyst Advisory Board regarding the use of artificial intelligence systems by behavior analysts.
The proposed rules are necessary to ensure consistency with plain language principles, to recognize the Qualified Applied Behavior Analysis Credentialing Board as a certifying entity, to change the advisory board presiding officer's term from one year to two years, to describe the ethical requirements imposed on behavior analysis licensees who use artificial intelligence systems to provide service to their clients, and to update the complaint process to reflect the Department's exclusive use of an on-line complaint intake system.
Advisory Board Recommendations
The proposed rules were presented to and discussed by the Behavior Analyst Advisory Board at its meeting on May 5, 2026.
First Change to the Proposed Rules:
The proposed rules presented to the Advisory Board included a proposed amendment to §121.73, Reporting Requirements. Specifically, the proposed rules amended §121.73(c)(1) to require that client records must be maintained for a minimum of seven years following the termination of behavior analysis services, rather than six years. The Advisory Board recommended leaving the record retention period at six years. In response, the Department has removed the proposed amendment.
Second Change to the Proposed Rules:
The proposed rules presented to the Advisory Board included a proposed amendment to §121.73, Reporting Requirements. Specifically, the proposed rules amended §121.73(c)(2) to require that minor client records must be maintained for a minimum of seven years following the termination of behavior analysis services if the minor client terminated behavior analysis services before reaching the age of 22. The Advisory Board recommended leaving the record retention period at six years and removing the new proposed language regarding termination of services by a minor client. In response, the Department has removed both proposed amendments.
The Advisory Board voted and recommended that the proposed rules with changes be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY
Subchapter A. General Provisions
The proposed rules add new rules for §121.10. Definitions. The proposed rules add definitions for "Artificial intelligence system (AI)," "Deidentified," and "Qualified Applied Behavior Analysis Credentialing Board (QABA)." These new definitions are used extensively throughout the remainder of Ch. 121, especially in the new proposed subsection §121.751, License Holder Responsibilities Related to the Use of AIs (see below). The proposed rules also amend and renumber §121.10 to accommodate these new rules.
Subchapter B. Licensing Requirements
The proposed rules amend §121.20, Applications; §121.21, Behavior Analyst Licensing Requirements; §121.22, Assistant Behavior Analyst Licensing Requirements; §121.25, Continuing Education; and §121.26. Renewal.
The proposed rules under subsection §121.20(c)(1) amend and correct outdated terminology by changing "college work" to "course work." The proposed rules under subsection §121.20(c)(8), §121.21(a)(1) and (3), §121.22(a)(1) and (4), §121.25(a), and § 121.26(c)(2) amend and correct outdated terminology by referring generally to behavior analyst certifications issued by certifying entities, rather than specifically to the Behavior Analyst Certification Board (BACB). This amendment reflects the Department's approval of the Qualified Applied Behavior Analysis Credentialing Board (QABA) as a certifying entity alongside the BACB.
The proposed rules amend and correct outdated terminology in rule §121.25 by changing "shall" to "must."
Subchapter C. Behavior Analyst Advisory Board
The proposed rules amend §121.65, Membership; §121.67, Terms, Vacancies; and §121.68, Officers. The proposed rules amend §121.68(a) in accordance with SB 2075, 89th Legislature, Regular Session (2025) to change the advisory board presiding officer's term from one year to two years.
The proposed rules amend and correct outdated terminology in rules §121.65 and §121.67, by changing "shall" to "is," "shall include" to "is as follows," and "shall be" to "is."
Subchapter D. Responsibilities of License Holder
The proposed rules amend §121.70, Administrative Practice Responsibilities of License Holders; §121.71, Professional Services Practice Responsibilities of License Holders; §121.72, Display of License; §121.73, Reporting Requirements; §121.74, Reporting Requirements; and §121.75, Code of Ethics.
The proposed rules under subsection §121.71(a)(4) and §121.75(a) amend and correct outdated terminology by referring generally to behavior analyst certifications issued by certifying entities. This amendment reflects the Department's approval of the QABA as a certifying entity alongside the BACB.
The proposed rules amend and correct outdated terminology in rules §§121.70, 121.71, 121.72, 121.73, 121.74, and 121.75 by changing "shall" to "must."
The proposed rules add new rules to §121.75, Code of Ethics. Specifically, new (b)(12) - (14) require license holders to obtain a client's written consent before using client data for research or for use by artificial intelligence (AI) and require license holders to document unauthorized disclosures of the client's data, including disclosures caused by any breach of an AI system. The proposed rules also amend and renumber §121.75(b) to accommodate these new rules.
Subchapter E. Telehealth
The proposed rules amend §121.76, Definitions Relating to Telehealth; §121.77, Service Delivery Models; §121.78, Technology and Equipment Requirements; §121.79, License Holder Responsibilities for Providing Telehealth Services and Using Telehealth; §121.80, Use of Facilitators with Telehealth; and §121.81, Client Contacts and Communications.
The proposed rules amend and correct outdated terminology in rules §§121.76, 121.77, 121.78, 121.79, 121.80, and 121.81 by repealing "shall," changing "shall be" to "is," and changing "shall" to "must."
Subchapter F. Fees
The proposed rules amend §121.85, Fees. The proposed rules amend and correct outdated terminology in rule §121.85(b)(1) and (2) by repealing "application and initial" from the description of the licensing fees for behavior analysts and assistant behavior analysts, as the fee is the same for both applicants and for the initial licensure.
Subchapter G. Enforcement
The proposed rules amend §121.90, Basis for Disciplinary Action; and §121.95, Complaints.
The proposed rules under subsection §121.90(b) amend and correct outdated terminology by referring generally to behavior analyst certifications issued by certifying entities. This amendment reflects the Department's approval of the QABA as a certifying entity alongside the BACB.
The proposed rules under subsection §121.95(a) amend the Department's complaint intake process by requiring the Department to list a web address, mailing address, and business number for the purpose of accepting complaints. This amendment is necessary because the Department no longer accepts complaints via telephone, as its complaint intake process is now exclusively online or by postal mail.
The proposed rules amend and correct outdated terminology in rule §121.95 by changing "shall list with" to "will provide," and "shall" to "must."
Subchapter H. License Holder Responsibilities Related to the Use of AIs
The proposed rules add a new subchapter, Subchapter H, License Holder Responsibilities Related to the Use of AIs.
The proposed rules add new subsection, §121.100, License Holder Responsibilities Related to the Use of AIs. New (a) prohibits license holders from using AI as the sole basis for treatment design, assessment, implementation, reports, or evaluations. New (b) requires license holders to personally review any AI-generated or AI-assisted treatment materials. New (c) requires that any restrictive or punishment-based procedures suggested by AI require the license holder to ensure that less intrusive methods are not viable, that the benefits of the restrictive or punishment-based procedures outweigh risks of harm, and to document the rationale for this decision in the client's file. New (d) requires license holders not to use AI to treat clients if the use of AI would be beyond their training or their scope of licensure. New (e) requires that all AI-derived information must be verified by the license holder and based on accurate evidence and requires the license holder to document this verification in the client's file. New (f) requires that license holders must explain the evidence behind any AI-driven changes to a client's treatment plan to their client in clear, understandable language and requires the license holder to document this explanation in the client's file. Finally, new (g) requires that all AI-influenced modifications to a client's treatment plan are based on evidence personally confirmed by the license holder.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there will be an increase in revenue. Specifically, in December 2024 the department approved an additional certifying entity. Since December 2024, TDLR has licensed an additional 50 behavior analysts and 25 assistant behavior analysts certified by this new entity. With a behavior analyst license fee of $165 and an assistant license fee of $110, there was a revenue increase of $11,000 in FY 2025. It is anticipated that the additional revenue in the next five years will be approximately the same from the licensure of additional applicants.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the proposed rules will benefit behavior analysts who obtained their education and training through department-approved certifying entities other than the one previous certifying entity and thereby increase the number of behavior analysts available to serve the public. The proposed rule is intended to serve a growing industry whose licensee population has grown an average of 19% each year for the last 5 years. Also, the proposed rules' amendments to the web address requirement reflect the Department's shift to an online complaint process, which will make filing complaints easier. The changes implemented by the proposed rules also are intended to incorporate current department processes and will benefit behavior analysts and their clients by making the rules easier to understand. Finally, the rules address data integrity and regulate the use of AI in the behavior analysis profession by adding definitions, ethics requirements, and additional requirements for license holders regarding AI.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules. License holders should incur no costs to comply with the AI ethics requirements and unauthorized disclosure notification requirement; if any license holder does incur a cost, it will be minimal.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules create a new regulation.
The proposed rules create a new regulation by creating responsibilities for license holders relating to the use of AI.
6. The proposed rules expand, limit, or repeal an existing regulation.
The proposed rules expand an existing regulation by adding use of AI consent requirements and unauthorized disclosure notification requirements to the code of ethics and requiring TDLR to list its web address for the purpose of filing complaints.
7. The proposed rules increase or decrease the number of individuals subject to the rules' applicability.
The proposed rules increase the number of individuals subject to the rule's applicability by making individuals certified by an additional department-approved certifying entity eligible to become licensed.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/BHV_Rule_Making; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
SUBCHAPTER
A.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.10.
The following words and terms, when used in this chapter, [shall] have the following meanings, unless the context clearly indicates otherwise.
(1) - (5) (No change.)
(6) Artificial intelligence system (AI)--Has the meaning assigned to it by Texas Business and Commerce Code §551.001(1).
(7) [(6)] Authorized representative--A person or entity that is legally authorized to represent the interests of a client and perform functions including making decisions about behavior analysis services.
(8) [(7)] Behavior Analyst Certification Board (BACB)--A certifying entity for persons practicing behavior analysis.
(9) [(8)] Client--A person who is:
(A) - (C) (No change.)
(10) [(9)] Commission--The Texas Commission of Licensing and Regulation.
(11) [(10)] Department--The Texas Department of Licensing and Regulation.
(12) Deidentified--Information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular client.
(13) [(11)] Direct observation--A method of data collection that consists of observing the object of study in a particular situation or environment.
(14) [(12)] Executive director--The executive director of the department.
(15) [(13)] Indirect supervision--Supervision of a person who performs behavior analysis services but which does not occur when services are being provided to a client. This may include behavioral skills training and delivery of performance feedback; modeling technical, professional, and ethical behavior; guiding behavioral case conceptualization, problem-solving, and decision-making repertoires; review of written materials such as behavior programs, data sheets, or reports; oversight and evaluation of the effects of behavioral service delivery; and ongoing evaluation of the effects of supervision.
(16) [(14)] License--A license issued under the Act authorizing a person to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis.
(17) [(15)] License holder--A person who has been issued a license in accordance with the Act to use the title "licensed behavior analyst" or "licensed assistant behavior analyst" or to practice behavior analysis.
(18) [(16)] Multiple relationship--A personal, professional, business, or other type of interaction by a license holder with a client or with a person or entity involved with the provision of behavior analysis services to a client that is not related to, or part of, the behavior analysis services.
(19) Qualified Applied Behavior Analysis Credentialing Board (QABA)--A certifying entity for persons practicing behavior analysis.
(20) [(17)] Service agreement--A signed written contract for behavior analysis services. A service agreement includes responsibilities and obligations of all parties and the scope of behavior analysis services to be provided. A service agreement may be identified by other terms including treatment agreement, Memorandum of Understanding (MOU), or Individualized Education Program (IEP).
(21) [(18)] Supervision--Supervision of a person who performs behavior analysis services, and may include both direct and indirect supervision. A license holder may engage in direct supervision or indirect supervision in-person and on-site, through telehealth, or in another manner approved by the license holder's certifying entity.
(22) [(19)] Telehealth--See definitions in Subchapter E. Telehealth.
(23) [(20)] Treatment plan--A written behavior change program for an individual client. A treatment plan includes consent, objectives, procedures, documentation, regular review, and exit criteria. A treatment plan may be identified by other terms including Behavior Intervention Plan, Behavior Support Plan, Positive Behavior Support Plan, or Protocol.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602319
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
B.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.20.
(a) - (b) (No change.)
(c) Upon request, the department may require an applicant to submit additional information or documentation for evaluation of an applicant's qualifications, including the following:
(1)
official transcripts of all relevant course [college] work or educational programs demonstrating successful completion and degrees earned as applicable to the requirements under the Act and §121.21 and §121.22;
(2) - (7) (No change.)
(8)
documentation demonstrating passage of the [Board Certified Behavior Analyst examination or the Board Certified Assistant Behavior Analyst examination, as applicable, or an equivalent] examination in applied behavior analysis offered by the certifying entity;
(9) - (11) (No change.)
(d) (No change.)
(e)
An applicant must [shall] not submit to the department any examination-related materials or information, including examination questions, specifications, forms, or scoring sheets, except as provided in subsection (c)(8).
(f) - (g) (No change.)
§121.21.
(a) To qualify for licensure as a behavior analyst, a person must:
(1) hold current certification as a behavior analyst or the equivalent certification issued by a certifying entity approved by the department;
[(1) hold current certification as a Board Certified Behavior Analyst or a Board Certified Behavior Analyst-Doctoral or equivalent, issued by the Behavior Analyst Certification Board or other certifying entity approved by the department;]
(2) (No change.)
(3) meet the educational requirements of the certifying entity for the behavior analyst certification or equivalent certification issued by a certifying entity approved by the department.
[(3) meet the educational requirements of the certifying entity for the Board Certified Behavior Analyst, the Board Certified Behavior Analyst-Doctoral, or an equivalent standard of the certifying entity approved by the department.]
(b) - (e) (No change.)
§121.22.
(a) To qualify for licensure as an assistant behavior analyst, a person must:
(1)
hold current certification as an assistant behavior analyst certification or the equivalent certification issued by a certifying entity approved by the department [a Board Certified Assistant Behavior Analyst or equivalent, issued by the Behavior Analyst Certification Board or other certifying entity approved by the department];
(2) - (3) (No change.)
(4)
meet the educational requirements of the certifying entity for the assistant behavior analyst certification or the equivalent certification issued by a certifying entity approved by the department [Board Certified Assistant Behavior Analyst or an equivalent standard of the certifying entity approved by the department].
(b) - (e) (No change.)
§121.25.
(a)
An applicant must [shall] meet the continuing education requirements of the certifying entity[, including the continuing education requirements for the Board Certified Behavior Analyst, Board Certified Behavior Analyst-Doctoral, or Board Certified Assistant Behavior Analyst, as applicable, to become qualified to apply for a behavior analysis license].
(b)
License holders must [shall] comply with the continuing education requirements imposed by the certifying entity.
(c)
License holders must [shall] verify completion of continuing education requirements upon request.
(d) (No change.)
§121.26.
(a) - (b) (No change.)
(c) To renew a license, a license holder must:
(1) (No change.)
(2)
provide [a current certification number from the BACB or] evidence of certification by a certifying entity approved by the department;
(3) - (4) (No change.)
(d) - (g) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602320
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
C.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.65.
(a)
The Behavior Analyst Advisory Board is [shall be] appointed under and governed by the Act and this subchapter. The advisory board is established under the authority of Occupations Code, §506.101.
(b)
The advisory board is [shall be] composed of nine members appointed by the presiding officer of the commission with the approval of the commission. The composition of the advisory board is as follows [shall include]:
(1) - (4) (No change.)
(c) (No change.)
§121.67.
(a)
The term of office of each member of the advisory board is [shall be] six years. Members shall serve after expiration of their term until a replacement is appointed.
(b) - (c) (No change.)
§121.68.
(a)
The presiding officer of the commission shall designate a member of the advisory board as the presiding officer of the advisory board to serve for a term of two years [one year].
(b) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602321
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
D.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.70.
(a)
Licenses issued by the department remain the property of the department and must [shall] be surrendered to the department on demand.
(b)
A license holder must [shall]:
(1) - (11) (No change.)
§121.71.
(a)
A license holder must [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 must [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 must [shall] create a written treatment plan when the service agreement provides for delivering treatment to an individual.
(C) (No change.)
(2) - (3) (No change.)
(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) (No change.)
(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 must [shall] comply with the requirement of the certifying entity.
§121.72.
(a)
A license holder must [shall] display the current original license certificate issued by the department in the primary location of practice, if any, or in the license holder's business office.
(b)
In the absence of a primary location of practice or business office, or when the license holder is employed in multiple locations, the license holder must [shall] carry a current license identification card issued by the department.
(c)
A license holder must [shall] not:
(1) - (2) (No change.)
§121.73.
(a)
A license holder must [shall] maintain legible and accurate records of behavior analysis services rendered.
(1) (No change.)
(2)
A license holder must [shall] comply with all laws, rules, and certifying entity requirements governing the maintenance of client records, including client confidentiality requirements, regardless of the state where the records of any client within this state are maintained.
(3)
Records created as a result of treatment in a school setting must [shall] be maintained as part of the student's permanent school record.
(b)
A license holder practicing in an educational setting, school, learning center, or clinic must [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.
(c)
Records must [shall] be maintained for a minimum of the longer of:
(1) - (3) (No change.)
§121.74.
(a)
A license holder must [shall] report the following in a manner prescribed by the department within ten days:
(1) - (8) (No change.)
(b)
A license holder must [shall] report a change in name or contact information to the department within thirty days after the change in a manner prescribed by the department.
§121.75.
(a)
Individuals certified to provide behavior analysis services by a department-approved certifying entity [certified by the BACB] are required to comply with the ethical standards of that certifying entity [the BACB Ethics Code for Behavior Analysts].
(1)
The department may consult the requirements of the certifying entity [or the BACB Ethics Code for Behavior Analysts] in the application and enforcement of the ethical standards included in this section.
(2) (No change.)
(b)
A license holder must [shall] comply with the following ethical standards when providing behavior analysis services. A license holder must [shall]:
(1) - (8) (No change.)
(9)
not guarantee, directly or by implication, the results of any behavior analysis services, except that a reasonable statement of prognosis may be made. A license holder must [shall] not mislead clients to expect results that cannot be predicted from reliable evidence.
(10) - (11) (No change.)
(12) obtain written consent from a client to use the client's confidential or personal data and/or information:
(A) for any of the following purposes:
(i) using AI for client treatment design, assessment, treatment implementation, report generation, usage in marketing materials, or the evaluation of a treatment plan;
(ii) providing the client's confidential or personal data for the purpose of training AI; or
(iii) research.
(13) if the AI utilized by the license holder is controlled by the license holder's employer, the license holder must document in the client's file the date that a copy of the client's written consent was provided to the employer.
(14) if the license holder knows that a client's protected health information has been disclosed without authorization:
(A) record the name(s) of the person or entity to whom the information was disclosed;
(B) notify the client of the unauthorized disclosure; and
(C) maintain proof of the client's notification in the client's record.
(15) [(12)] document any confidential or personal information disclosed, the person or entity to whom it was disclosed, and the justification for disclosure in a client's record if a license holder reveals such information about a client without authorization.
(16) [(13)] if requested, provide an explanation of the charges for behavior analysis services previously made on a bill or statement in writing and in plain language.
(17) [(14)] if requested, accurately represent and describe any product created or recommended by a license holder that is used or will be used in providing behavior analysis services to a client.
(18) [(15)] not offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for securing or soliciting clients or patronage.
(19) [(16)] not overcharge a client or third party.
(20) [(17)] not over treat a client.
(21) [(18)] terminate a professional relationship when it is reasonably clear that a client is not benefitting from the services being provided or when it is reasonably clear that a client no longer needs the services.
(22) [(19)] seek to identify competent, dependable referral sources for clients and must [shall] refer when requested or appropriate.
(23) [(20)] not sell, barter, or offer to sell or barter a license.
(24) [(21)] refrain from practicing behavior analysis if, due to illness or use of alcohol, drugs or medications, narcotics, chemicals or other substances, or from mental or physical conditions, a license holder is incapable of practicing with reasonable skill and safety to clients in the provision of behavior analysis services.
(25) [(22)] refrain from engaging in sexual contact, including intercourse or kissing, sexual exploitation, or therapeutic deception, with a client. Sexual contact and sexual intercourse mean the activities and behaviors described in Penal Code, §21.01. Sexual exploitation means a pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Therapeutic deception means a representation by a license holder that sexual contact with, or sexual exploitation by, the license holder is consistent with, or part of, the behavior analysis services being provided to a client.
(26) [(23)] refrain from participating in inappropriate or exploitative multiple relationships. Inappropriate or exploitative multiple relationships are prohibited.
(c)
Information used by a license holder in any advertisement or announcement must [shall] not contain information that is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements. False, misleading, or deceptive advertising or advertising not readily subject to verification includes advertising that:
(1) - (6) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602322
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
E.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.76.
Unless the context clearly indicates otherwise, the following words and terms, when used in this subchapter, [shall] have the following meanings.
(1) - (8) (No change.)
§121.77.
(a) (No change.)
(b)
A provider must [shall] not provide services by correspondence only, e.g., mail, email, or facsimile, although these may be used as adjuncts to telehealth.
§121.78.
(a)
A provider must [shall] use only telecommunications technology, as defined in this subchapter, to provide telehealth services. Modes of communication that do not utilize such telecommunications technology, including analog telephone, mail, email, or facsimile may be used only as adjuncts.
(b)
A provider may [shall] utilize telecommunications technology and other equipment only if:
(1) - (3) (No change.)
(4)
the quality of electronic transmissions is [shall be] adequate for the provision of an individualized client's telehealth service.
(c)
A provider must [shall] ensure that communications occur without a change in the form or content of the information, as sent and received, other than through encoding or encryption of a transmission itself for purposes of and to protect the transmission.
§121.79.
(a) (No change.)
(b) Licensure and Scope of Practice.
(1)
An individual must [shall] not provide telehealth services to a client in the State of Texas, unless the individual is licensed by the department and qualifies as a provider, as that term is defined in this subchapter, or is otherwise legally authorized to do so.
(2) - (3) (No change.)
(c) Competence and Standard of Practice; Code of Ethics.
(1)
A provider must [shall] be competent in both the type of services provided and the methodology and equipment used to provide the service.
(2)
A provider must [shall] comply with the code of ethics and scope of practice requirements in this chapter when providing telehealth services.
(3)
The scope, nature, and quality of the services provided via telehealth must [shall] be the same as the services provided during in-person sessions.
(4)
A provider must [shall] determine whether a particular service or procedure is appropriate to be provided via telehealth. A provider must [shall] maintain a focus on evidence-based practice and identify appropriate meaningful outcomes for a client. When an established telehealth procedure is not available, the provider must [shall] notify the client or multi-disciplinary team, as appropriate, that the effectiveness of the procedure has not yet been established for the method, manner, or mode of treatment.
(5)
Documentation of telehealth services must [shall] include documentation of the date and nature of services performed by the provider through telehealth and the assistive tasks of the facilitator, if used.
(6)
A provider must [shall]:
(A) - (C) (No change.)
§121.80.
(a) Subject to the requirements and limitations of this subchapter, a provider may utilize a facilitator at the client site to assist the provider in rendering telehealth services.
(b)
A provider must [shall] document whether a facilitator is used in providing telehealth services. If a facilitator is used, the provider must [shall] document the tasks in which the facilitator provided assistance.
(c)
Before allowing a facilitator to assist the provider in providing telehealth services, the provider must [shall] ascertain and document the facilitator's qualifications, training, and competence, as appropriate and reasonable, in:
(1) - (2) (No change.)
(d) (No change.)
§121.81.
(a)
A provider must [shall] notify a client, a client's authorized representative, or multi-disciplinary team, as appropriate, of the conditions of telehealth services, including, but not limited to, the right to refuse or discontinue telehealth services, options for service delivery, differences between in-person and remote service delivery methods, and instructions for filing and resolving complaints.
(b)
A provider must [shall] obtain client consent before services may be provided through telehealth. If a client previously consented to in-person services, a provider must [shall] obtain updated consent to include telehealth services.
(c) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602323
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
F.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.85.
(a) (No change.)
(b) Licensing fees are as follows:
(1)
[application and initial] license, behavior analyst--$165
(2)
[application and initial] license, assistant behavior analyst--$110
(3) - (8) (No change.)
(c) - (e) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602324
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
G.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.90.
(a) (No change.)
(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) - (f) (No change.)
§121.95.
(a) The department will provide its website, mailing address, and telephone number for the purpose of submitting complaints relating to a health profession regulated by the department.
[(a) The department shall list, with its business telephone number, a toll-free telephone number established to accept complaints relating to a health profession regulated by the department.]
(b)
A license holder must [shall] notify each client or a minor client's authorized representative of the name, mailing address, email address, telephone number, and website of the department for the purpose of directing complaints to the department. A license holder must [shall] display this notification:
(1) - (2) (No change.)
(c) - (g) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602325
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750
SUBCHAPTER
H.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 506, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 506. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is SB 2075, 89th Legislature, Regular Session (2025).
§121.100.
(a) A license holder must not use AI as the sole basis for a client treatment design, assessment, treatment implementation, report, or for the evaluation of a treatment plan. Any results generated by AI used as the basis for a decision must be based on accurate evidence personally verified by the license holder.
(b) A license holder must individually review any client treatment design, assessment, treatment implementation, report, or evaluation of a treatment plan generated in whole or in part by AI.
(c) If a client treatment design, assessment, treatment implementation, report, or evaluation of a treatment plan is generated in whole or in part by AI and recommends implementing restrictive or punishment-based procedures, a license holder must personally ensure the desired results cannot be obtained using less intrusive means and that the risk of harm to the client is outweighed by the benefit associated with the behavior-change intervention, and must document the license holder's rationale for this decision in the client's file.
(d) A license holder must not use AI to create a client treatment design, assessment, or treatment implementation, to generate a client report, or to evaluate a treatment plan unless doing so is within the training, competence, and scope of the license holder.
(e) If any changes to a client treatment design, assessment, treatment implementation, or evaluation of a treatment plan are derived from the use or application of AI, the license holder must be able to explain to a client the evidentiary basis for these changes in understandable language and must document this explanation in the client's file.
(f) Any changes to a client treatment design, assessment, treatment implementation, or evaluation of a treatment plan derived from the use or application of AI must be based on accurate evidence personally verified by the license holder, and the license holder must document this verification in the client's file.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 8, 2026.
TRD-202602327
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 19, 2026
For further information, please call: (512) 463-7750