SECTION 121.73. Reporting Requirements

(a) A license holder shall maintain legible and accurate records of behavior analysis services rendered.

(1) Records are the responsibility and property of the entity or individual who owns the practice or the practice setting.

(2) A license holder 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 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 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 shall be maintained for a minimum of the longer of:

(1) seven years following the termination of behavior analysis services;

(2) seven years following the date on which a minor client reaches the age of 22; or

(3) the retention period required by the certifying entity.

Source Note: The provisions of this §121.73 adopted to be effective February 29, 2024, 49 TexReg 1085