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RULE §465.32Disposition and Assumption of the Practice of a Mental Health Professional

(a) In General.

  (1) A licensee has the right to sell or otherwise dispose of the licensee's practice to another licensed psychologist.

  (2) A licensee has the right to assume the practice of a licensee.

  (3) Arrangements regarding accounts receivable and other financial and tangible assets and liabilities of the practice being transferred must be resolved by the selling and assuming licensees prior to the transfer of any patient or client records.

(b) Notice and Referral of Patients and Clients.

  (1) A licensee who intends to sell, retire, or otherwise dispose of a practice must make reasonable efforts to notify current and former patients or clients that on a given date the practice is being sold and that patient or client records will be transferred to the buyer unless the patient or client provides the name of an alternative mental health care provider to receive the records. This notice must provide a reasonable time to the patients and clients to make suitable responses and arrangements.

  (2) A licensee who assumes the practice of another mental health service provider may state a willingness to provide services to all patients or clients the licensee is competent to treat.

  (3) A licensee who assumes a practice must provide an appropriate referral to a qualified mental health services provider to any patient or client who notifies the licensee that they do not want to receive services from the licensee or to a patient or client to whom the licensee declines to offer services.

  (4) If the patient or client accepts a referral, the referring licensee must forward the patient or client's records to that mental health professional.

Source Note: The provisions of this §465.32 adopted to be effective October 7, 2020, 45 TexReg 7013

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