| (7) obtain informed written consent from a client prior
to conducting a physiological assessment or engaging in treatment
unless mandated by court order;
(8) safeguard sexual arousal assessment testing and
treatment materials. Each licensee shall recognize the sensitivity
of this material and use it only for the purpose for which it is intended
in a controlled phallometric assessment. Licensees shall not release
assessment or treatment materials to persons not involved in the management
or treatment of the client who lack proper training and credentials,
or who would misinterpret or improperly use such stimulus materials;
(9) have specific training in the administration and
evaluation of any assessment tool that is utilized. Licensees shall
not release assessment raw data to any person not qualified to interpret
the data;
(10) recognize that any decision regarding refusal
to release records or information shall be subject to the applicable
state law;
(11) be informed of the client's rights, including
the client's right to confidentiality;
(12) not determine a person's degree of sexual dangerousness,
suitability for treatment, or other forensic referral question based
solely by one assessment instrument. Assessment data shall be properly
integrated within a comprehensive assessment, the components of which
are determined by a person who has specific training and expertise
in making such assessments;
(13) indicate any reservations in reporting assessment
results that may exist regarding validity or reliability because of
the circumstances of the assessment or the absence of comparative
norms for the person being tested. Each licensee shall make an attempt
to ensure that assessment results and interpretations are not misunderstood
or misused by others. Proper qualifications shall be made with regard
to prediction and to the generalized ability of data issued in order
to not mislead the consumer of the report;
(14) understand it is ethical to address an issue regarding
the probability of a client committing certain criminal acts within
a certain period of time; it is unethical for a licensee to state
that an individual is not at risk to reoffend sexually;
(15) understand if a licensee decides that it is appropriate
to offer a prediction of criminal behavior on the basis of a comprehensive
assessment in a given case, the licensee shall specify clearly:
(A) the acts being predicted and supportive research;
(B) the estimated probability that these acts will
occur during a given period of time; and
(C) the facts and data on which these empirical predictions
are based; and
(16) be educated and familiar with the assessment or
treatment procedures and data used by another licensee before providing
any public comment or testimony pertaining to the validity, reliability,
or accuracy of such information.
(e) Public Information and Advertising. Licensees shall
be truthful in the representation of the licensee's professional background,
training, and status. All professional presentations, advertisements
and public communications shall be formulated to convey accurate information.
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| Source Note: The provisions of this §810.92 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748 |
