The following terms have the following meanings:
(1)"Client" has the same meaning as "patient."
(2)"Dual Relationship" means a situation where a licensee
and another individual have both a professional relationship and a
non-professional relationship. Dual relationships include, but are
not limited to, personal friendships, business or financial interactions,
mutual club or social group activities, family or marital ties, or
sexual relationships.
(3)"Forensic psychology" is the provision of psychological
services involving courts, legal claims, or the legal system. The
provision of forensic psychological services includes any and all
preliminary and exploratory services, testing, assessments, evaluations,
interviews, examinations, depositions, oral or written reports, live
or recorded testimony, or any psychological service provided by a
licensee concerning a current or potential legal case at the request
of a party or potential party, an attorney for a party, or a court,
or any other individual or entity, regardless of whether the licensee
ultimately provides a report or testimony that is utilized in a legal
proceeding. A person who is the subject of forensic evaluation is
not considered to be a patient under these rules. "Forensic evaluation"
is an evaluation conducted, not for the purpose of providing mental
health treatment, but rather at the request of a court, an attorney,
or an administrative body including federal and private disability
benefits providers to assist in addressing a forensic referral question.
Additionally, forensic services would include fitness for duty evaluations,
psychological evaluations conducted after an employment offer has
been made in high risk professions, and risk assessment evaluations
of employees as a result of their aggressive or threatening behavior.
(4)"Informed Consent" means the written documented
consent of the patient, client and other recipients of psychological
services only after the patient, client or other recipient has been
made aware of the purpose and nature of the services to be provided,
including but not limited to: the specific goals of the services;
the procedures to be utilized to deliver the services; possible side
effects of the services, if applicable; alternate choices to the services,
if applicable; the possible duration of the services; the confidentiality
of and relevant limits thereto; all financial policies, including
the cost and methods of payment; and any provisions for cancellation
of and payments for missed appointments; and right of access of the
patient, client or other recipient to the records of the services.
(5)"Licensee" means a licensed psychologist, provisionally
licensed psychologist, licensed psychological associate, licensed
specialist in school psychology, applicants to the Board, and any
other individual whom the Board has the authority to discipline under
these Rules.
(6)"Multiple Relationship" means any relationship
between a licensee and another individual involving a professional
relationship and a [more than one] non-professional
relationship.
(7)"Patient" means a person who consults or is interviewed
by a licensee for a diagnosis, evaluation, or treatment of any mental
or emotional condition or disorder of that person regardless of whether
the patient or some other individual or entity paid for the consultation
or interview except as identified in paragraph (3) of this section,
where the subject of forensic evaluation is not considered to be a
patient.
(8)"Professional relationship" is any relationship
between a licensee and another individual, group or organization in
which the licensee delivers psychological services to the individual,
group, or organization.
(9)"Professional standards" are determined by the
Board through its rules, regulations, policies and any other sources
adopted by the Board.
(10)"Provision of psychological services" means any
use by a licensee of his or her education or training in psychology
in the context of a professional relationship. Psychological services
include, but are not limited to, therapy, diagnosis, testing, assessments,
evaluation, treatment, counseling, supervision, consultation, providing
forensic opinions, rendering a professional opinion, performing research,
or teaching to an individual, group, or organization.
(11)"Recognized member of the clergy," as used in §501.004(a)(4)
[Section 501.004(a)(4)] of the Act, means a member
in good standing of and accountable to a denomination, church, sect
or religious organization legally recognized under the Internal Revenue
Code, §501(c)(3) [Section 501(c)(3)].
(12)"Records" are any information, regardless of the
format in which it is maintained, that can be used to document the
delivery, progress or results of any psychological services including,
but not limited to, data identifying a recipient of services, dates
of services, types of services, informed consents, fees and fee schedules,
assessments, treatment plans, consultations, session notes, test results,
reports, release forms obtained from a client or patient or any other
individual or entity, and records concerning a patient or client obtained
by the licensee from other sources.
(13)"Report" includes any written or oral assessment,
recommendation, psychological diagnostic or evaluative statement containing
the professional judgment or opinion of a licensee.
(14)"Test data" refers to testing materials, test
booklets, test forms, test protocols and answer sheets used in psychological
testing to generate test results and test reports.
(15)"Supervision" refers to direct,
systematic professional oversight of individuals who provide psychological
services under the authority of a supervising licensee, whereby the
supervisor has the responsibility and ability to monitor and control
the psychological services provided to ensure the patient's or client's
best interests are met and that the public is protected. In the context
of psychological training and education, "supervision" also refers
to the formal provision of systematic education and training for purposes
of licensure or competency that serves to assist individuals with
gaining experience and developing the skills necessary for licensure
or competent practice in a particular practice area. However, the
term "supervision" does not apply to the supervision of purely administrative
or employment matters.
(16)"Child custody evaluation" has
the same meaning as assigned by Tex. Fam. Code Ann. §107.101.
(17)"Adoption evaluation" has the
same meaning as assigned by Tex. Fam. Code Ann. §107.151.
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 September 16, 2015
TRD-201503838 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: November 1, 2015
For further information, please call: (512) 305-7700
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