Texas Register

TITLE 22 EXAMINING BOARDS
PART 35TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
CHAPTER 801LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER CRENDERING PROFESSIONAL THERAPEUTIC SERVICES AND CODE OF ETHICS
RULE §801.44Relationships with Clients
ISSUE 12/01/2000
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

[(b)A therapist shall inform the client of the purposes, goals, techniques, rules of procedure, and limitations that may affect the relationship at or before the time that the therapeutic relationship is entered.]

(b) [(c)] No commission or rebate or any other form of renumeration shall be given or received by a therapist for the referral of clients for professional services.

(c) [(d)] A therapist shall not use relationships with clients to promote, for personal gain or for the profit of an agency, commercial enterprises of any kind.

(d)A therapist shall not engage in activities that seek to meet the therapist's personal needs instead of the needs of the client.

(e)Under normal circumstances a therapist shall not be involved in the therapy of family members, intimate friends, close associates, or others whose welfare might be jeopardized by such a dual relationship.

(f)A therapist shall be responsible for setting and maintaining professional boundaries.

[(f)Under normal circumstances a therapist shall not offer professional services to a person concurrently receiving therapy from another professional except with the knowledge of that professional.]

(g)A therapist may disclose confidential information to medical or law enforcement personnel if the therapist determines that 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)A therapist shall personally take reasonable action to inform responsible authorities and appropriate individuals in cases where a client's condition indicates a clear and imminent danger to the client or others.]

(h)In group therapy settings, the therapist shall take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group.

[(i)A therapist shall not engage in activities that seek to meet the therapist's personal needs at the expense of a client.]

(i) [(j)] A therapist shall keep accurate records of therapeutic services to include, but not be limited to, dates of services, types of services, progress or case notes, and billing information for a minimum of five years for an adult client and 5 years beyond the age of 18 years of age for a minor.

(j) [(k)]A therapist shall 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 agreement. [Supervisory relationships between a therapist and any other person used by the therapist to provide services to a client shall be clearly explained to the client and shall be so reflected on billing documents. ]

(k) [(l)] A therapist shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from it.

(l)A licensee who engages in interactive therapy via the telephone or internet must provide the client with his/her license number and information on how to contact the board by telephone or mail, and must adhere to all other provisions of this chapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on November 14, 2000

TRD-200007936

George Pulliam

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: December 31, 2000

For further information, please call: (512) 458-7236



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