| (a) Professional Conduct. Licensees shall:
(1) not discriminate against clients or withhold professional
services from anyone, regardless of age, race, national origin, religion,
sex, disability, political affiliation, social or economic status,
sexual orientation, or proscribed by law. A licensee shall not allow
personal feelings related to a client's alleged or actual crimes or
behavior to interfere with professional judgment and objectivity;
(2) make an appropriate referral when a licensee cannot
offer services to a client. Each licensee shall facilitate follow-up
services for clients who transition from one program or one jurisdiction
to another which includes a written summary of the assessment of risk,
offending pattern, level of participation, relevant problems and treatment
needs, client strengths and needs, support group, and recommendations;
(3) perform their professional duties with the highest
level of integrity and appropriate confidentiality within the scope
of their statutory responsibilities;
(4) not hesitate to seek assistance from other professional
disciplines when circumstances dictate;
(5) report unethical, incompetent, or dishonorable
practices to the council;
(6) refrain from using his or her professional relationship,
to further personal, religious, political, or economic interests,
other than customary professional fees;
(7) have an obligation to engage in continuing education
and professional growth;
(8) refrain from diagnosing, treating, or making recommendations
outside the scope of the licensee's competence;
(9) be knowledgeable of legal statutes and scientific
data relevant to the assessment and treatment of clients; and
(10) display or provide in writing the address and
telephone number of the council in all sites where sex offender treatment
services are provided for the purpose of directing complaints to the
council.
(b) Client Relationships. Licensees shall:
(1) treat all clients with dignity and respect and
shall not exaggerate the efficacy of treatment services that cannot
be supported by empirical literature;
(2) recognize the importance pertaining to financial
matters with clientele. Arrangements for payments should be settled
at the beginning of an assessment or a therapeutic relationship;
(3) not engage in dual relationships with clients or
former clients. Examples of dual relationships include, but are not
limited to, the following: treatment of family members, close friends,
employees, supervisors, supervisees, personal contacts outside the
scope of treatment, contracting or subcontracting for work, and relationships
outside of treatment such as business or social;
(4) not engage in sexual harassment and/or a sexual
or intimate relationship with any client who is receiving or has received
professional services, regardless of whether payment for the services
was involved. Licensees shall not engage in sexual intimacy with a
client's or former client's family members;
(5) if services must be withdrawn, give consideration
to all factors in the situation in order to minimize possible effects
on the client;
(6) notify the appropriate supervising agency or court
if the licensee anticipates the termination or disruption of services
to a client and provide for transfer, referral, or continuation of
service in keeping with the client's needs, preferences, and supervision
requirements;
(7) terminate a professional counseling relationship
when it is reasonably clear that the client is not benefiting from
treatment unless the agency is mandated to render services. When treatment
is still indicated, the licensee shall take reasonable steps to facilitate
the transfer to an appropriate referral source. All clients on supervision
shall be referred back to the criminal justice department or to the
juvenile justice system;
(8) serve clients of a colleague during a temporary
absence or emergency with the same consideration of that afforded
any client;
(9) not engage in any action in their professional
role which violates or diminishes the legal and civil rights of clients
or victims who may be affected by their actions;
(10) not give or accept a gift from a client or a relative
of a client, enter into a barter for services, or borrow or lend money
or items of value to clients or relatives of clients or accept payment
in the form of services rendered by a client; and
(11) not knowingly offer or provide counseling, treatment,
or other professional interventions to an individual concurrently
receiving sex offender treatment from another licensed sex offender
treatment provider except with that provider's knowledge and approval.
If a licensee learns of such concurrent counseling, treatment, or
other professional interventions, the licensee shall take immediate
and reasonable action to inform the other mental health service provider.
(c) Confidentiality. Licensees shall:
(1) maintain records on each client for a period of
no less than 10 years after the last date of service to the client.
Client records shall include, at a minimum, client demographic information;
release of confidential information signed by the client which clearly
describes limits of confidentiality; test results from evaluations
conducted by licensee, including test protocols; and monthly treatment
reports which detail client attendance, treatment progress, and problematic
behaviors which may contribute to risk for reoffense. Licensees shall
maintain and store records on each client to ensure safety and confidentiality
in accordance with the highest professional and legal standards including
but not limited to HIPAA, the Texas Health and Safety Code, Chapter
611, and laws pertaining to victims rights (Federal Justice for All
Act and Texas Code of Criminal Procedure, Chapter 56); licensees shall
maintain the confidentiality of victims and shall not provide victim
information to clients or others not specified in Occupations Code,
Chapter 109 (§109.051 and §109.052);
(2) be responsible for informing clients of the exceptions
to confidentiality. Clients shall be informed of any circumstances
which may prompt an exception to the agreed upon confidentiality;
(3) understand that clients have the right to refuse
to participate in or attend treatment and licensees shall inform the
client of the potential consequences of such a decision;
(4) clearly communicate to the client any conflicts
of interest or dual relationships which affect the licensee's current
relationship with a client;
(5) obtain written permission and informed consent
from the client before any data may be divulged to third parties;
(6) respond to an inquiry for information with a written
release by the client with only data germane to the purpose of the
inquiry. Every effort shall be made to avoid an undue invasion of
privacy for the client;
(7) not communicate information to persons outside
the treatment team without the written consent of the client unless
there exists a clear and immediate danger to a person from the client;
and
(8) be knowledgeable of all statutes which govern the
conduct of licensee's professional practice and the duty to report
suspected abuse or neglect to law enforcement (for example: Family
Code, §261.101 at et. seq.).
(d) Assessments. Licensees shall:
(1) not provide an assessment or re-assessment for
the purpose of determining if an individual is guilty or innocent
of a specific sexual crime. Psychological profiles shall not be used
to prove or disprove an individual's propensity to act in a sexually
deviant manner or an individual's guilt or innocence. Physiological
methods or sexual arousal and preference assessments shall not be
used to prove an individual's guilt or innocence of a specific sex
crime;
(2) recognize, and when providing expert testimony,
acknowledge that there is no known psychological or physiological
test, profile, assessment procedure, or combination of such tools
that prove or disprove whether the client has committed a specific
sexual crime;
(3) make every effort possible to promote the client's
non-offending behavior and act in the best interest of the client,
as long as others are not placed in an identifiable risk;
(4) guard against the misuse of assessment data;
(5) respect a client's right to know the results, the
interpretations made, and the basis for the conclusions and recommendations
drawn from such assessments;
(6) respect the right of a client to have a complete
explanation, in language which the client is able to understand, the
nature and purpose of the methodologies, and any foreseeable effects
of the assessment unless the client agrees to an exception in advance;
Cont'd... |
