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(a)A person may not engage in or represent that the
person is engaged in the practice of marriage and family therapy,
professional counseling, psychology, or social work within this state,
unless the person is licensed or otherwise authorized to practice
by law.
(b)A person is engaged in the practice of marriage
and family therapy within this state if any of the criteria set out
in §502.002(6) of the Occupations Code occurs while a client
is located in this state.
(c)A person is engaged in the practice of professional
counseling within this state if any of the criteria set out in §503.003(a)
of the Occupations Code occurs while a client is located in this state.
(d)A person is engaged in the practice of psychology
within this state if any of the criteria set out in §501.003(b)
of the Occupations Code occurs while a client is located in this state.
(e)A person is engaged in the practice of social work
within this state if any of the criteria set out in §505.0025
of the Occupations Code occurs while a client is located in this state.
(f)In accordance with §113.002 of the Occupations
Code, a licensee of the Executive Council may provide a mental health
service, that is within the scope of the license, through the use
of a telehealth service to a client who is located outside of this
state, subject to any applicable regulation of the jurisdiction in
which that client is located. Such conduct does not constitute the
practice of marriage and family therapy, professional counseling,
psychology, or social work in this state.
(g)For the purposes of this rule, the term "client"
means:
(1)a recipient of marriage and family therapy, professional
counseling, psychology, or social work services within the context
of a professional relationship, including a child, adolescent, adult,
couple, family, group, organization, community, or other populations,
or other entities receiving services;
(2)an individual or entity requesting the services
(e.g., an employer, a state, tribal, or federal court, an attorney
acting on behalf of his or her client, an office or agency within
local, state, or federal government), the recipient of those services
(e.g., the subject of an evaluation, assessment, or interview), and
an individual or entity interviewed, examined, or evaluated for the
purpose of those services (e.g. a collateral witness or collateral
sources of information);
(3)an organization such as a business, charitable,
or governmental entity that receives services directed primarily to
the organization, rather than to individuals associated with the organization;
(4)minors and wards in guardianships, as well as their
legal guardians; and
(5)any related term for the recipient of services,
such as a patient, evaluee, examinee, interviewee, participant, or
any other similar term.
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 March 7, 2024
TRD-202401011 Darrel D. Spinks
Executive Director
Texas Behavioral Health Executive Council
Effective date: March 27, 2024
Proposal publication date: November 17, 2023
For further information, please call: (512) 305-7706
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