|(a) Except in an inpatient setting where a general
consent has been signed, licensees must obtain and document in writing
informed consent concerning all services they intend to provide to
the patient, client or other recipient(s) of the psychological services
prior to initiating the services, using language that is reasonably
understandable to the recipients unless consent is precluded by applicable
federal or state law.
(b) Licensees provide appropriate information as needed
during the course of the services about changes in the nature of the
services to the patient client or other recipient(s) of the services
using language that is reasonably understandable to the recipient
to ensure informed consent.
(c) Licensees provide appropriate information as needed,
during the course of the services to the patient client and other
recipient(s) and afterward if requested, to explain the results and
conclusions reached concerning the services using language that is
reasonably understandable to the recipient(s).
(d) When a licensee agrees to provide services to a
person, group or organization at the request of a third party, the
licensee clarifies to all of the parties the nature of the relationship
between the licensee and each party at the outset of the service and
at any time during the services that the circumstances change. This
clarification includes the role of the licensee with each party, the
probable uses of the services and the results of the services, and
all potential limits to the confidentiality between the recipient(s)
of the services and the licensee.
(e) When a licensee agrees to provide services to several
persons who have a relationship, such as spouses, couples, parents
and children, or in group therapy, the licensee clarifies at the outset
the professional relationship between the licensee and each of the
individuals involved, including the probable use of the services and
information obtained, confidentiality, expectations of each participant,
and the access of each participant to records generated in the course
of the services.
(f) At any time that a licensee knows or should know
that he or she may be called on to perform potentially conflicting
roles (such as marital counselor to husband and wife, and then witness
for one party in a divorce proceeding), the licensee explains the
potential conflict to all affected parties and adjusts or withdraws
from all professional services in accordance with Board rules and
applicable state and federal law. Further, licensees who encounter
personal problems or conflicts as described in Board rule §465.9(i)
of this title (relating to Competency) that will prevent them from
performing their work-related activities in a competent and timely
manner must inform their clients of the personal problem or conflict
and discuss appropriate termination and/or referral to insure that
the services are completed in a timely manner.
(g) When persons are legally incapable of giving informed
consent, licensees obtain informed consent from any individual legally
designated to provide substitute consent.
(h) When informed consent is precluded by law, the
licensee describes the nature and purpose of all services, as well
as the confidentiality of the services and all applicable limits thereto,
that he or she intends to provide to the patient, client, or other
recipient(s) of the psychological services prior to initiating the
services using language that is reasonably understandable to the recipient(s).
|Source Note: The provisions of this §465.11 adopted to be effective June 3, 1999, 24 TexReg 4018; amended to be effective March 13, 2000, 25 TexReg 2061; amended to be effective December 10, 2002, 27 TexReg 11544; amended to be effective June 5, 2005, 30 TexReg 3099; amended to be effective September 26, 2016, 41 TexReg 7486; amended to be effective September 26, 2017, 42 TexReg 5140