Title OC, Occupations Code

Sec. 505.306. PROHIBITED USE OF SPECIALTY AREA IDENTIFICATION OR TITLE. If the executive council establishes a specialty area of social work, a social worker may not use the specialty area identification or title designated by the executive council unless the person is recognized…

Sec. 505.307. INDEPENDENT PRACTICE RECOGNITION; MINIMUM QUALIFICATIONS. (a) The executive council shall establish procedures for recognizing a social worker qualified for the independent practice of social work. (b) A social worker may not be recognized as qualified for the indep…

Sec. 505.351. LICENSE REQUIRED. (a) A person may not use or cause to be used the title "social worker," "licensed baccalaureate social worker," "licensed master social worker," "licensed clinical social worker," or "licensed social worker," or any combination, variation, or abbre…

Sec. 505.352. LICENSE APPLICATION. A person may apply for a license under this chapter by submitting an application to the executive council. The application must: (1) be on a form prescribed by the executive council; and (2) contain statements made under oath regarding the appli…

Sec. 505.353. ELIGIBILITY. (a) To be eligible for a license under this chapter, an applicant must: (1) be at least 18 years of age; (2) be worthy of the public trust and confidence; (3) satisfy the education and experience requirements under this section; and (4) pass the licensi…

Sec. 505.354. EXAMINATION. (a) The board shall prepare an examination to assess an applicant's qualifications for a license under this chapter. The executive council shall administer the examination at least once each calendar year. (b) Each license examination shall be conducted…

Sec. 505.3545. JURISPRUDENCE EXAMINATION. (a) The board shall develop a jurisprudence examination to determine an applicant's knowledge of this chapter, rules adopted under this chapter, and any other applicable laws of this state affecting the applicant's social work practice. T…

Sec. 505.357. TEMPORARY LICENSE. (a) The executive council shall issue a temporary license to an applicant who: (1) has not taken the licensing examination under Section 505.354 or the jurisprudence examination under Section 505.3545; and (2) satisfies the requirements for obtain…

Sec. 505.3575. ISSUANCE OF LICENSES TO CERTAIN OUT-OF-STATE APPLICANTS. (a) Notwithstanding any other licensing requirement of this subchapter: (1) the executive council may not require an applicant who is licensed in good standing in another state to pass a licensing examination…

Sec. 505.358. PROVISIONAL LICENSE. (a) A person may apply for a provisional license as a social worker by paying the appropriate fee and filing an application with the executive council. The executive council may issue a provisional license to a person who meets the requirements …

Sec. 505.359. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER. (a) The executive council shall issue an appropriate license to a provisional license holder: (1) who passes the licensing examination under Section 505.354 and the jurisprudence examination under Section 505.3545; …

Sec. 505.360. PROFESSIONAL IDENTIFICATION. (a) A license holder shall use an identification provided by this section: (1) in the professional use of the license holder's name; and (2) in connection with any sign, directory, contract, document, pamphlet, stationery, advertisement,…

Sec. 505.401. TERM OF LICENSE; STAGGERED EXPIRATION DATES. (a) A license issued under this chapter is valid for two years. (a-1) The executive council by rule shall adopt a system under which licenses and orders of recognition of specialty expire on various dates during the year.…

Sec. 505.405. GROUNDS FOR REFUSING RENEWAL. The executive council may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter H, Chapter 507, unless enforcement of the penalty is stayed or a court has ordered that the administra…

Sec. 505.451. GROUNDS FOR DISCIPLINARY ACTION. The executive council shall take disciplinary action under Subchapter G, Chapter 507, against a person for: (1) violating this chapter or a rule adopted under this chapter; (2) circumventing or attempting to circumvent the requiremen…

Sec. 505.454. SANCTIONS FOR HOLDER OF EXPIRED LICENSE OR ORDER OF RECOGNITION OF SPECIALTY. (a) A person who holds an expired license or order of recognition of specialty under this chapter is subject to a sanction under this chapter if the executive council determines that the p…

Sec. 505.458. REFUND. (a) Subject to Subsection (b), the executive council may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under t…

Sec. 505.502. PROHIBITED CONDUCT BY BUSINESS OR PROFESSIONAL ENTITY. (a) Except as provided by Subsection (b), a business or professional entity may not: (1) represent itself or another to the public as being engaged in the practice of social work or as offering social work servi…

Sec. 505.505. APPEAL BOND NOT REQUIRED. The executive council is not required to post an appeal bond in any action arising under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 2.111, eff. …

Sec. 505.506. REPRESENTATION BY ATTORNEY GENERAL. The attorney general shall represent the executive council in an action brought to enforce this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. …

Sec. 505.507. CRIMINAL PENALTY. (a) A person required to hold a license under this chapter commits an offense if the person knowingly acts as a social worker without holding a license issued under this chapter. (b) An offense under Subsection (a) is a Class A misdemeanor. Added b…

Sec. 505.601. REPORT OF VIOLATION. In a written, signed report to the appropriate licensing board, agency, or facility, a person licensed under this chapter may report an incident that the person has reasonable cause to believe has exposed a client to substantial risk of harm, in…

Sec. 505.602. REPORTING IMMUNITY. A person who, without malice, makes a report authorized, or reasonably believed to be authorized, under this subchapter: (1) is immune from civil liability; and (2) may not be subjected by the person's employer to other retaliatory action as a re…

Sec. 505.603. CAUSE OF ACTION FOR RETALIATION. (a) A person named as a defendant in a civil action or subjected by the person's employer to other retaliatory action as a result of filing a report authorized, or reasonably believed to be authorized, under this subchapter may file …

Sec. 506.001. SHORT TITLE. This chapter may be cited as the Behavior Analyst Licensing Act. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.

Sec. 506.002. DEFINITIONS. In this chapter: (1) "Advisory board" means the Behavior Analyst Advisory Board. (2) "Certifying entity" means the nationally accredited Behavior Analyst Certification Board or another entity that is accredited by the National Commission for Certifying …

Sec. 506.003. PRACTICE OF APPLIED BEHAVIOR ANALYSIS. (a) The practice of applied behavior analysis is the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. (b) The practice of ap…

Sec. 506.051. LICENSED PSYCHOLOGISTS. This chapter does not apply to a person licensed to practice psychology in this state if the applied behavior analysis services provided are within the scope of the licensed psychologist's education, training, and competence. Added by Acts 20…

Sec. 506.052. OTHER LICENSED PROFESSIONALS. This chapter does not apply to a person licensed to practice another profession in this state if the applied behavior analysis services provided are within: (1) the scope of practice of the person's license under state law; and (2) the …

Sec. 506.053. FAMILY MEMBERS AND GUARDIANS. This chapter does not apply to a family member or guardian of a recipient of applied behavior analysis services who is implementing a behavior analysis treatment plan for the recipient under the extended authority and direction of a lic…

Sec. 506.054. PARAPROFESSIONALS. This chapter does not apply to a paraprofessional technician who delivers applied behavior analysis services if: (1) the applied behavior analysis services are provided under the extended authority and direction of a licensed behavior analyst or l…

Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. This chapter does not apply to an applied behavior analysis activity or service of a college or university student, intern, or fellow if: (1) the activity or service is part of a defined behavior analysis program of study, course, pra…

Sec. 506.056. SUPERVISED EXPERIENCE. This chapter does not apply to an unlicensed person pursuing supervised experience in applied behavior analysis if the supervised experience is consistent with the requirements of the certifying entity and commission rules. Added by Acts 2017,…

Sec. 506.057. TEMPORARY SERVICES OF BEHAVIOR ANALYST FROM ANOTHER STATE. (a) This chapter does not apply to a behavior analyst licensed in another jurisdiction or certified by the certifying entity if the activities and services conducted in this state: (1) are within the behavio…

Sec. 506.058. TEACHER OR EMPLOYEE OF SCHOOL DISTRICT. (a) This chapter does not apply to a teacher or employee of a private or public school who provides applied behavior analysis services if the teacher or employee is performing duties within the scope of the teacher's or employ…

Sec. 506.059. PERSONS WHO DO NOT PROVIDE DIRECT SERVICES. (a) This chapter does not apply to a person who: (1) is a behavior analyst who practices with nonhumans, including an applied animal behaviorist or an animal trainer; (2) teaches behavior analysis or conducts behavior anal…

Sec. 506.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory board is composed of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) four licensed behavior analysts, at least one of whom must be certified as a Board …

Sec. 506.102. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.

Sec. 506.103. TERMS; VACANCY. (a) Members of the advisory board serve staggered six-year terms. (b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 871 (S.B. 2075), Sec. 62(1), eff. September 1, 2025. (c) If a vacancy occurs during a member's term, the presiding officer of the commis…

Sec. 506.104. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years. The presiding officer of the advisory board may vote on any matter before the a…

Sec. 506.106. GROUNDS FOR REMOVAL. A member of the advisory board may be removed as provided by Section 51.209. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.

Sec. 506.107. COMPENSATION; REIMBURSEMENT. (a) A member of the advisory board may not receive compensation for service on the advisory board. (b) A member of the advisory board is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a me…

Sec. 506.151. GENERAL POWERS AND DUTIES. (a) The commission shall adopt rules consistent with this chapter for the administration and enforcement of this chapter. (b) The department shall: (1) administer and enforce this chapter; (2) evaluate the qualifications of license applica…

Sec. 506.152. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules under this chapter that establish standards of ethical practice. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017.

Sec. 506.153. ASSISTANCE FILING COMPLAINT. The department, in accordance with Section 51.252, shall provide reasonable assistance to a person who wishes to file a complaint with the department regarding a person or activity regulated under this chapter. Added by Acts 2017, 85th L…

Sec. 506.154. FEES. The commission by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 2, eff. September 1, 2017. SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND …