|(a) Communication between a licensee and client and
the client's records, however created or stored, are confidential
under the provisions of the Texas Health and Safety Code Chapter 611
and other state or federal statutes or rules where such statutes or
rules apply to a licensee's practice.
(b) A licensee must not disclose any communication,
record, or identity of a client except as provided in Texas Health
and Safety Code Chapter 611 or other state or federal statutes or
(c) A licensee must comply with Texas Health and Safety
Code, Chapters 181 and 611, concerning access to mental health records
and confidential information.
(d) A licensee must report information as required
by the following statutes:
(1) Texas Family Code Chapter 261, Subchapter B, concerning
report of abuse or neglect of minors;
(2) Texas Human Resources Code Chapter 48, Subchapter
B, concerning reports of abuse, neglect, or exploitation of elderly
or disabled persons;
(3) Texas Health and Safety Code Chapter 161, Subchapter
L, concerning abuse, neglect, and unprofessional or unethical conduct
in health care facilities; and
(4) Texas Civil Practice and Remedies Code, §81.006,
concerning duty to report sexual exploitation by a mental health provider.
(5) A licensee must comply with Texas Occupations Code
§109.051 relating to the release of treatment information concerning
the treatment of a sex offender.
(e) A licensee must submit a written report to the
board office within 30 days of the following:
(1) an arrest of the licensee, other than for a Class
C misdemeanor traffic offense;
(2) the filing of a criminal case against the licensee;
(3) a criminal conviction or deferred adjudication
of the licensee, other than for a Class C misdemeanor traffic offense;
(4) the filing of a disciplinary action or the taking
of a disciplinary action against the licensee by another state licensing
board, in either Texas or another state, or by a professional organization.
(f) Failure to make a report as required by subsection
(e) of this section is grounds for disciplinary action by the board.
|Source Note: The provisions of this §681.45 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective November 21, 2004, 29 TexReg 10512; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective September 1, 2009, 34 TexReg 5535; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844