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The following words and terms, as used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise.
(1)Accredited school--An institution of higher education
accredited by a regional accrediting agency recognized by the Council
for Higher Education Accreditation, the Texas Higher Education Coordinating
Board, or the United States Department of Education.
(2)Act--The Licensed Professional Counselor Act, Texas
Occupations Code, Chapter 503.
(3)Art therapy--A form of counseling in which clients
use art media, the creative process, and the resulting artwork to
explore their feelings, reconcile emotional conflicts, foster self-awareness,
manage behavior, develop social skills, improve reality orientation,
reduce anxiety and increase self-esteem.
(4)Board--The Texas State Board of Examiners of Professional
Counselors.
(5)Client(s)--A person(s) who requests and receives
counseling services from a licensee or who has engaged in a therapeutic
relationship with a licensee.
(6)Consent for services--Process for receiving permission
from the legally authorized person who agrees to services.
(7)Consent Form--A document executed by the legally
authorized person to ensure the client is aware of fees and arrangements
for payment; counseling purposes, goals, and techniques; restrictions
placed on the license by the Council; limits on confidentiality; intent
of the licensee to use another individual to provide counseling treatment
intervention to the client; supervision of the licensee by another
licensed health care professional including the name, address, contact
information, and qualifications of the supervisor; and the name, address,
and telephone number of the Council for the purpose of reporting violations
of the Act or this chapter.
(8)Council--The Texas Behavioral Health Executive
Council.
(9)Counseling-related field--A mental health discipline
using human development, psychotherapeutic, and mental health principles
including, but not limited to, clinical or counseling psychology,
psychiatry, social work, marriage and family therapy, and counseling
and guidance. Non-counseling related fields include, but are not limited
to, sociology, education, administration, dance therapy and theology.
(10)Executive Director--The executive director for
the Texas Behavioral Health Executive Council. The executive director
may delegate responsibilities to other staff members.
(11)Direct client contact--Time spent counseling clients.
(12)Health care professional--Any person licensed,
certified, or registered by the state in a health related profession.
(13)Independent practice--The practice of providing
professional counseling services to a client without the supervision
of an LPC-S.
(14)Indirect hours--Time spent in management, administration
or other aspects of counseling service ancillary to direct client
contact.
(15)Jurisprudence exam--The Texas State Board of Examiners
of Licensed Professional Counselors Jurisprudence exam. An online
exam based upon the statutes and rules relating to the practice of
counseling.
(16)License--An LPC license, LPC license with art
therapy specialty designation, or LPC Associate license issued by
the Council.
(17)Licensee---A person who holds an LPC license,
LPC license with art therapy specialty designation, or LPC Associate
license.
(18)LPC--Licensed Professional Counselor. A person
holding an LPC license as a professional counselor with authority
to practice in independent practice.
(19)LPC Associate--Licensed Professional Counselor
Associate. A person who holds an LPC Associate license to practice
counseling only under a Council-approved supervisor and not as an
independent practitioner.
(20)Recognized religious practitioner--A rabbi, clergyman,
or person of similar status who is a member in good standing of and
accountable to a denomination, church, sect or religious organization
legally recognized under the Internal Revenue Code, 26 U.S.C. §501(c)(3)
and other individuals participating with them in pastoral counseling
if:
(A)the counseling activities are within the scope
of the performance of their regular or specialized ministerial duties
and are performed under the auspices of sponsorship of the legally
recognized denomination, church, sect, religious organization or an
integrated auxiliary of a church as defined in Federal Tax Regulations,
26 Code of Federal Regulations, L1.6033-2(g)(i)(2012);
(B)the individual providing the service remains accountable
to the established authority of that denomination, church, sect, religious
organization or integrated auxiliary; and
(C)the person does not use the title of or hold himself
or herself out as a professional counselor.
(21)Supervisor--An LPC approved by the Council as
meeting the requirements set out in §681.93 of this title (relating
to Supervisor Requirements) to supervise an LPC Associate.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid
exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on February 7, 2022
TRD-202200406 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Effective date: February 27, 2022
Proposal publication date: October 1, 2021
For further information, please call: (512) 305-7706
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