| (a) A licensee shall provide marriage and family therapy professional services only in the context of a professional relationship. (b) A licensee shall make known to a prospective client the important aspects of the professional relationship, including but not limited, to the licensee's status as a Licensed Marriage and Family Therapist, including any probationary status or other restrictions placed on the licensee by the board, office procedures, after-hours coverage, fees, and arrangements for payment (which might affect the client's decision to enter into the relationship). (c) A licensee shall obtain an appropriate consent for treatment before providing professional services. A licensee shall make reasonable efforts to determine whether the conservatorship, guardianship, or parental rights of the client have been modified by a court. (d) A licensee shall make known to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the confidentiality of the mental health record and information. (e) No commission or rebate or any other form of remuneration shall be given or received by a licensee for the referral of clients for professional services. (f) A licensee shall not use relationships with clients to promote, for personal gain or for the profit of an agency, commercial enterprises of any kind. (g) A licensee shall not engage in activities that seek to meet the licensee's personal needs instead of the needs of the client. (h) A licensee shall not provide marriage and family therapy services to family members, personal friends, educational associates, business associates, or others whose welfare might be jeopardized by such a dual relationship. (i) A licensee shall set and maintain professional boundaries. A licensee shall make a reasonable effort to avoid dual relationships. A dual relationship is considered any non-therapeutic activity initiated by either the licensee or the client for the purposes of establishing a non-therapeutic relationship. It is the responsibility of the licensee to ensure the welfare of the client if a dual relationship arises. (j) A licensee may disclose confidential information to medical or law enforcement personnel if the licensee determines that there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client. (k) In group therapy settings, the licensee shall take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group. (l) A licensee shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes, and billing information for a minimum of five years for an adult client and 5 years beyond the age of 18 years of age for a minor. (m) A licensee shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement. (n) A licensee shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from it. Upon termination, if the client still requires mental health services, the licensee shall make reasonable efforts in writing to refer the client to appropriate services. (o) A licensee who engages in interactive therapy via the telephone or internet must provide the client with his/her license number and information on how to contact the board by telephone or mail, and must adhere to all other provisions of this chapter. (p) A licensee shall only offer those services that are within his or her professional competency, and the services provided shall be within accepted professional standards of practice and appropriate to the needs of the client. (q) A licensee shall base all services on an assessment, evaluation, or diagnosis of the client. (r) A licensee shall evaluate a client's progress on a continuing basis to guide service delivery and will make use of supervision and consultation as indicated by the client's needs. (s) A licensee shall not promote or encourage the illegal use of alcohol or drugs by clients. |
| Source Note: The provisions of this §801.44 adopted to be effective April 20, 1994, 19 TexReg 2386; amended to be effective April 11, 2001, 26 TexReg 2713; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective May 18, 2008, 33 TexReg 3758 |
