The following terms have the following meanings:
(1) "Adoption evaluation" has the same meaning as assigned
by §107.151 of the Family Code.
(2) "Child custody evaluation" has the same meaning
as assigned by §107.101 of the Family Code.
(3) "Client" means a party other than a patient seeking
or obtaining psychological services, as defined in §501.003 of
the Occupations Code, for a third-party with the goal of assisting
or caring for that third-party or answering a referral question through
the use of forensic psychological services.
(4) "Dual Relationship" means a situation where a licensee
and another individual have both a professional relationship and a
non-professional relationship. Dual relationships include, but are
not limited to, personal friendships, business or financial interactions,
mutual club or social group activities, family or marital ties, or
sexual relationships.
(5) "Forensic evaluation" is an evaluation conducted,
not for the purpose of providing mental health treatment, but rather
at the request of a court, a federal, state, or local governmental
entity, an attorney, or an administrative body including federal and
private disability benefits providers to assist in addressing a forensic
referral question.
(6) "Forensic psychological services" are services
involving courts, legal claims, or the legal system. The provision
of forensic psychological services includes any and all preliminary
and exploratory services, testing, assessments, evaluations, interviews,
examinations, depositions, oral or written reports, live or recorded
testimony, or any psychological service provided by a licensee concerning
a current or potential legal case at the request of a party or potential
party, an attorney for a party, or a court, or any other individual
or entity, regardless of whether the licensee ultimately provides
a report or testimony that is utilized in a legal proceeding. However,
forensic psychological services do not include evaluations, proceedings,
or hearings under the Individuals with Disabilities Education Improvement
Act (IDEIA).
(7) "Informed Consent" means the written documented
consent of the patient, client and other recipients of psychological
services only after the patient, client or other recipient has been
made aware of the purpose and nature of the services to be provided,
including but not limited to: the specific goals of the services;
the procedures to be utilized to deliver the services; possible side
effects of the services, if applicable; alternate choices to the services,
if applicable; the possible duration of the services; the confidentiality
of and relevant limits thereto; all financial policies, including
the cost and methods of payment; and any provisions for cancellation
of and payments for missed appointments; and right of access of the
patient, client or other recipient to the records of the services.
(8) "Licensee" means a licensed psychologist, provisionally
licensed psychologist, licensed psychological associate, licensed
specialist in school psychology, applicants, and any other individual
subject to the regulatory authority of the Council.
(9) "Patient" means a person who receives psychological
services, as defined in §501.003 of the Occupations Code, regardless
of whether the patient or a third-party pays for the services. The
term "patient" shall include a client if the client is a person listed
in §611.004(a)(4) or (5) of the Health and Safety Code who is
acting on a patient's behalf. A person who is the subject of a forensic
evaluation is not considered to be a patient under these rules.
(10) "Private school" has the same meaning as assigned
by §5.001 of the Texas Education Code, but does not include a
parent or legal guardian who chooses to homeschool a child.
(11) "Professional relationship" means a fiduciary
relationship between a licensee and a patient or client involving
communications and records deemed confidential under §611.002
of the Health and Safety Code. A professional relationship also exists
where licensees are appointed by a court or other governmental body
to answer a referral question through the use of forensic psychological
services.
(12) "Provision of psychological services" means any
use by a licensee of education or training in psychology in the context
of a professional relationship. Psychological services include, but
are not limited to, therapy, diagnosis, testing, assessments, evaluation,
treatment, counseling, supervision, consultation, providing forensic
opinions, rendering a professional opinion, or performing research,
or teaching to an individual, group, or organization.
(13) "Public school" means any state agency, regional
education service center, diploma program, school district, or charter
school established or authorized under Title 2 of the Texas Education
Code and supported in whole or in part by state tax funds.
(14) "Recognized member of the clergy," as used in §501.004(a)(4)
of the Occupations Code, means a member in good standing of and accountable
to a denomination, church, sect or religious organization recognized
under the Internal Revenue Code, §501(c)(3).
(15) "Records" are any information, regardless of the
format in which it is maintained, that can be used to document the
delivery, progress or results of any psychological services including,
but not limited to, data identifying a recipient of services, dates
of services, types of services, informed consents, fees and fee schedules,
assessments, treatment plans, consultations, session notes, reports,
release forms obtained from a client or patient or any other individual
or entity, and records concerning a patient or client obtained by
the licensee from other sources.
(16) "Report" includes any written or oral assessment,
recommendation, psychological diagnostic or evaluative statement containing
the professional judgment or opinion of a licensee.
(17) "Supervision" refers to direct, systematic professional
oversight of individuals who provide psychological services under
the authority of a supervising licensee, whereby the supervisor has
the responsibility and ability to monitor and control the psychological
services provided to ensure the patient's or client's best interests
are met and that the public is protected. In the context of psychological
training and education, "supervision" also refers to the formal provision
of systematic education and training for purposes of licensure or
competency that serves to assist individuals with gaining experience
and developing the skills necessary for licensure or competent practice
in a particular practice area. However, the term "supervision" does
not apply to the supervision of purely administrative or employment
matters.
(18) "Test data" refers to a patient's specific answers
to test materials, whether spoken or written, generated in drawings,
or recorded by computers or other lab devices.
(19) "Test materials" refers to test booklets, forms,
manuals, instruments, protocols, software, as well as test questions,
and stimuli protected by federal copyright law and used in psychological
testing to generate test results and test reports.
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