(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)Regardless of setting, a licensee
must provide counseling only in the context of a professional relationship.
Prior to providing services, a licensee must obtain from an individual
a signed informed consent, signed written receipt of information,
or in the case of involuntary treatment a copy of the appropriate
court order, including the following:]
[(1)fees and arrangements for payment;]
[(2)counseling purposes, goals, and techniques;]
[(3)any restrictions placed on the license by the
Council;]
[(4)the limits on confidentiality;]
[(5)any intent of the licensee to use another individual
to provide counseling treatment intervention to the client;]
[(6) supervision of the licensee by another licensed
health care professional including the name, address, contact information
and qualifications of the supervisor;]
[(7)the name, address and telephone number of the
Council for the purpose of reporting violations of the Act or this
chapter; and]
[(8)the established plan for the custody and control
of the client's mental health records in the event of the licensee's
death or incapacity, or the termination of the licensee's counseling
practice.]
[(f)A licensee must inform the client
in writing of any changes to the items in subsection (e) of this section,
prior to initiating the change.]
(e)[(g)] Technological means
of communication may be used to facilitate the therapeutic counseling
process.
[(h)In accordance with §503.401(a)(4)
of the Act, a licensee must not intentionally or knowingly offer to
pay or agree to accept any remuneration directly or indirectly, overtly
or covertly, in cash or in kind, to or from any person, firm, association
of persons, partnership, corporation, or entity for securing or soliciting
clients or patronage.]
[(i)A licensee employed or under
contract with a chemical dependency facility or a mental health facility
must comply with the requirements in the Texas Health and Safety Code,
§164.006, relating to soliciting and contracting with certain
referral sources. Compliance with the Treatment Facilities Marketing
Practices Act, Texas Health and Safety Code Chapter 164, will not
be considered as a violation of state law relating to illegal remuneration.]
[(j)A licensee must not engage in
activities for the licensee's personal gain at the expense of a client.]
[(k)A licensee may promote the licensee's
personal or business activities to a client if such activities, services
or products are to facilitate the counseling process or help achieve
the client's counseling goals. Prior to engaging in any such activities,
services or product sales with the client, the licensee must first
inform the client of the licensee's personal and/or business interest
therein. A licensee must not exert undue influence in promoting such
activities, services or products.]
[(l)A licensee must set and maintain
professional boundaries.]
[(m)Except as provided by this subchapter,
non-therapeutic relationships with clients are prohibited.]
[(1)A non-therapeutic relationship is any non-counseling
activity initiated by either the licensee or client that results in
a relationship unrelated to therapy.]
[(2)A licensee may not engage in a non-therapeutic
relationship with a client if the relationship begins less than two
(2) years after the end of the counseling relationship; the non-therapeutic
relationship must be consensual, not the result of exploitation by
the licensee, and is not detrimental to the client.]
[(3)A licensee may not engage in sexual contact with
a client if the contact begins less than five (5) years after the
end of the counseling relationship; the non-therapeutic relationship
must be consensual, not the result of exploitation by the licensee,
and is not detrimental to the client.]
[(4)For purposes of paragraphs (2) and (3) of this
subsection, the licensee must be able to demonstrate there has been
no exploitation and the non-therapeutic relationship is not detrimental
to the client in light of all relevant factors, including, but not
limited to, the factors set forth in §681.42(b)(4)(A) - (G) of
this title (relating to Sexual Misconduct).]
[(5)The licensee must not provide counseling services
to previous or current:]
[(A)family members;]
[(B)personal friends;]
[(C)educational associates; or]
[(D)business associates.]
[(6)The licensee must not give or accept a gift from
a client or a relative of a client valued at more than $50, borrow
or lend money or items of value to clients or relatives of clients,
or accept payment in the form of goods or services rendered by a client
or relative of a client.]
[(7)The licensee must not enter into a non-professional
relationship with a client's family member or any person having a
personal or professional relationship with a client if the licensee
knows or reasonably should have known such a relationship could be
detrimental to the client.]
[(n)The licensee must not knowingly
offer or provide counseling to an individual concurrently receiving
counseling treatment intervention from another mental health services
provider except with that provider's knowledge. If a licensee learns
of such concurrent therapy, the licensee must request release from
the client to inform the other professional and strive to establish
positive and collaborative professional relationships.]
(f)[(o)] 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)[(p)] 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.
[(q)For each client, a licensee must
keep accurate records of:]
[(1)signed informed consent, signed written receipt
of information, or, in the case of involuntary treatment, a copy of
the appropriate court order]
[(2)intake assessment;]
[(3)dates of counseling treatment intervention;]
[(4)principal treatment methods;]
[(5)progress notes;]
(6)treatment plan; and
(7)billing information.
[(r)In the absence of applicable
state and federal laws, rules or regulations, records held by a licensee
must be kept for a minimum of seven (7) years from the date of termination
of services with the client, or five (5) years after the client reaches
the age of majority, whichever is greater].
[(s)Records created by licensees
during the scope of their employment by agencies or institutions that
maintain client records are not required to comply with (q) and (r)
of this section.]
[(t)Billing Requirements.]
[(1)A licensee must bill clients or third parties
for only those services actually rendered or as agreed to by mutual
understanding at the beginning of services or as later modified by
mutual written agreement.]
[(2)Relationships between a licensee and any other
person used by the licensee to provide services to a client must be
so reflected on billing documents.]
[(3)Pursuant to Texas Health and Safety Code, Chapter
611, on the written request of a client, a client's guardian, or a
client's parent (sole managing, joint managing or possessory conservator)
if the client is a minor, a licensee must provide, in plain language,
a written explanation of the types of treatment and charges for counseling
treatment intervention previously made on a bill or statement for
the client. This requirement applies even if the charges are to be
paid by a third party.]
[(4)A licensee may not knowingly overcharge a client.]
[(5)With the exception of an unkept appointment, a
licensee may not submit to a client or a third party payor a bill
for counseling treatment intervention the licensee knows or should
know is improper, unreasonable, or unnecessary.]
[(u)A licensee must comply with all
requirements of Texas Health and Safety Code Chapters 611 and 181
concerning the release of mental health records and confidential information.]
[(v)Prior to the commencement of
counseling services to a minor client who is named in a custody agreement
or court order, a licensee must obtain and review a current copy of
the custody agreement or court order, as well as any applicable part
of the divorce decree. A licensee must maintain these documents in
the client's record and abide by the documents at all times. When
federal or state statutes provide an exemption to secure consent of
a parent or guardian prior to providing services to a minor, a licensee
must follow the protocol set forth in such federal or state statutes.]
[(w)A licensee must terminate a professional
counseling relationship when it is reasonably clear the client is
not benefiting from the relationship.]
[(x)Upon termination of a relationship
if professional counseling is still necessary, the licensee must take
reasonable steps to facilitate the transfer to appropriate care.]
(h)[(y)] 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)[(z) ] A licensee must not
knowingly overtreat a client.
(j)[(aa)] A licensee must not
aid or abet the unlicensed practice of professional counseling by
a person required to be licensed under the Act.
(k)[(bb)] A licensee must report
to the Council knowledge of any unlicensed practice of counseling.
(l)[(cc)] A licensee or an applicant
must not participate in the falsification of any materials submitted
to the Council.
(m)[(dd)] A licensee must not
provide services while impaired by a physical, mental, or medical
condition or by medication, drugs or alcohol.
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 March 20, 2023
TRD-202301111 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: April 30, 2023
For further information, please call: (512) 305-7706
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