| (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 in writing 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. Prior to the commencement of therapy services to a minor
client who is named in a custody agreement or court order, a licensee
shall obtain and review a current copy of the custody agreement or
court order in a suit affecting the parent-child relationship. A licensee
shall maintain these documents in the client's record. When federal
or state statutes provide an exemption to secure consent of a parent
or guardian prior to providing services to a minor, a licensee shall
follow the protocol set forth in such federal or state statutes.
(d) A licensee shall make known in writing 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. A licensee employed or under contract with
a chemical dependency facility or a mental health facility, shall
comply with the requirements in the Texas Health and Safety Code, §164.006,
relating to soliciting and contracting with certain referral sources.
Compliance with the Treatment Facilities Marketing Act, Texas Health
and Safety Code, Chapter 164, shall not be considered as a violation
of state law regarding illegal remuneration.
(f) A licensee shall not exploit his/her position of
trust with a client or former client.
(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 with clients and former clients.
(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 make a reasonable effort to avoid
non-therapeutic relationships with clients or former clients. A non-therapeutic
relationship is an 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 non-therapeutic relationship arises.
(m) 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 5 years for an adult client and 5 years beyond the age
of 18 years of age for a minor.
(n) Records created by licensees during the scope of
their employment by educational institutions; by federal, state, or
local government agencies; or political subdivisions or programs are
not required to comply with the requirements of subsection (m) of
this section.
(o) A licensee shall bill clients or third parties
for only those services actually rendered or as agreed to in writing.
(p) 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.
(q) 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, electronic
communication, or mail, and must adhere to all other provisions of
this chapter.
(r) 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.
(s) A licensee shall base all services on an assessment,
evaluation, or diagnosis of the client.
(t) 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.
(u) A licensee shall not promote or encourage the illegal
use of alcohol or drugs by clients.
(v) A licensee shall not knowingly offer or provide
professional services to an individual concurrently receiving professional
services from another mental health services provider except with
that provider's knowledge. If a licensee learns of such concurrent
professional services, the licensee shall take immediate and reasonable
action to inform the other mental health services provider.
(w) A licensee shall refrain from providing services
while impaired by medication, drugs, or alcohol.
(x) Upon termination of a relationship, if professional
counseling or other marriage and family therapy services are still
necessary, the licensee shall take reasonable steps to facilitate
the transfer to appropriate care.
(y) A licensee shall not aid or abet the unlicensed
practice of marriage and family therapy services by a person required
to be licensed under the Act. A licensee shall report to the board
knowledge of any unlicensed practice.
(z) A licensee shall not enter into a non-professional
relationship with a client's family member or any person having a
personal or professional relationship with a client, if the licensee
knows or reasonably should have known such a relationship could be
detrimental to the client.
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| 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; amended to be effective March 31, 2013, 38 TexReg 1982; amended to be effective November 23, 2014, 39 TexReg 9011 |
