| (a) A licensee must not make any false, misleading,
deceptive, fraudulent or exaggerated claim or statement about the
licensee's services, including, but not limited to:
(1) the effectiveness of services;
(2) the licensee's qualifications, capabilities, background,
training, experience, education, professional affiliations, fees,
products, or publications; or
(3) the practice or field of counseling.
(b) A licensee must not make any false, misleading,
deceptive, fraudulent or exaggerated claim or statement about the
services of a mental health organization or agency, including, but
not limited to, the effectiveness of services, qualifications, or
products.
(c) A licensee must discourage a client from holding
exaggerated or false ideas about the licensee's professional services,
including, but not limited to, the effectiveness of the services,
practice, qualifications, associations, or activities. If a licensee
learns of exaggerated or false ideas held by a client or other person,
the licensee must take immediate and reasonable action to correct
the ideas held.
(d) A licensee must make reasonable efforts to discourage
others whom the licensee does not control from making misrepresentations;
exaggerated or false claims; or false, deceptive, or fraudulent statements
about the licensee's practice, services, qualifications, associations,
or activities. If a licensee learns of a misrepresentation; exaggerated
or false claim; or false, deceptive, or fraudulent statement made
by another, the licensee must take reasonable action to correct the
statement.
(e) Technological means of communication may be used
to facilitate the therapeutic counseling process.
(f) A licensee may take reasonable action to inform
medical or law enforcement personnel if the licensee determines there
is a probability of imminent physical injury by the client to the
client or others, or there is a probability of immediate mental or
emotional injury to the client.
(g) The licensee must take reasonable precautions to
protect clients from physical or emotional harm resulting from interaction:
(1) within a group; or
(2) individual counseling.
(h) A licensee must not evaluate any individual's mental,
emotional, or behavioral condition unless the licensee has personally
interviewed the individual or the licensee discloses in the evaluation
the licensee has not personally interviewed the individual.
(i) A licensee must not knowingly overtreat a client.
(j) A licensee must not aid or abet the unlicensed
practice of professional counseling by a person required to be licensed
under the Act.
(k) A licensee must report to the Council knowledge
of any unlicensed practice of counseling.
(l) A licensee or an applicant must not participate
in the falsification of any materials submitted to the Council.
(m) A licensee must not provide services while impaired
by a physical, mental, or medical condition or by medication, drugs
or alcohol.
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| Source Note: The provisions of this §681.41 adopted to be effective November 19, 2020, 45 TexReg 8139; amended to be effective November 21, 2021, 46 TexReg 7783; amended to be effective September 21, 2023, 48 TexReg 5143 |
