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RULE §681.35Informed Consent

(a) Regardless of setting, a licensee must provide counseling only in the context of a professional relationship. Prior to providing services, a licensee must obtain from an individual a signed informed consent, signed written receipt of information, or in the case of involuntary treatment a copy of the appropriate court order, including the following:

  (1) fees and arrangements for payment;

  (2) counseling purposes, goals, and techniques;

  (3) any restrictions placed on the license by the Council;

  (4) the limits on confidentiality;

  (5) any intent of the licensee to use another individual to provide counseling treatment intervention to the client;

  (6) supervision of the licensee by another licensed health care professional including the name, address, contact information and qualifications of the supervisor;

  (7) the name, address and telephone number of the Council for the purpose of reporting violations of the Act or this chapter; and

  (8) the established plan for the custody and control of the client's mental health records in the event of the licensee's death or incapacity, or the termination of the licensee's counseling practice.

(b) A licensee must inform the client in writing of any changes to the items in subsection (a) of this section, prior to initiating the change.

(c) Prior to the commencement of counseling services to a minor client who is named in a custody agreement or court order, a licensee must obtain and review a current copy of the custody agreement or court order, as well as any applicable part of the divorce decree. A licensee must maintain these documents in the client's record and abide by the documents at all times. 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 must follow the protocol set forth in such federal or state statutes.

(d) A licensee acting within the scope of employment with an agency or institution is not required to obtain a signed informed consent, but must document, in writing, that the licensee informed the client of the information required by subsection (a) of this section and that the client consented.

Source Note: The provisions of this §681.35 adopted to be effective September 21, 2023, 48 TexReg 5138

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