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(a)A licensee is subject to and bound by provisions
of the Act, the Council Act, and council rules.
(b)A licensee that becomes aware of another licensee
violating state or federal law within the jurisdiction of the Council,
may attempt to resolve the violation informally with the other licensee
if the violation does not involve actual or likely harm to an individual
or the public. Any unresolved violations must be reported to the Council.
A licensee that becomes aware of another licensee violating a state
or federal law within the jurisdiction of the Council involving actual
or likely harm to an individual or the public, must report the violation
to the Council.
(c)Licensure and Supervisory Status.
(1)When providing professional therapeutic
services as defined in §801.42 of this title (relating to Professional
Therapeutic Services), a licensee must indicate his or her licensure
status as an LMFT or LMFT Associate, including any probationary status
or other restrictions placed on the licensee by the council.
(2)An LMFT Associate must not represent
themselves as an independent practitioner. An LMFT Associate's name
must be followed by a statement such as "supervised by (name of supervisor)"
or a statement of similar effect, together with the name of the supervisor.
This disclosure must appear on all marketing materials, billing documents,
and practice related forms and documents where the LMFT Associate's
name appears, including websites and intake documents. This paragraph
is effective January 1, 2023.
(d)A licensee may not make any false, misleading,
deceptive, fraudulent or exaggerated claim or statement about the
licensee's services, including:
(1)the effectiveness of services;
(2)the licensee's qualifications, capabilities, background,
training, education, experience, professional affiliations, fees,
products, or publications; or
(3)the practice of marriage and family therapy.
(e)A licensee may not misrepresent any agency or organization
by presenting it as having attributes that it does not possess.
(f)A licensee may not encourage, or within the licensee's
power, allow a client to hold exaggerated ideas about the efficacy
of services provided by the licensee.
(g)If a licensee learns of a misrepresentation, exaggerated,
false, deceptive, or fraudulent claim or statement made by another,
the licensee must take reasonable action to correct the misrepresentation,
claim or statement.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on July 20, 2022
TRD-202202742 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Marriage and Family Therapists
Earliest possible date of adoption: September 4, 2022
For further information, please call: (512) 305-7706
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