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 psychological services" are [
"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. However,
forensic psychological services do not include evaluations, proceedings,
or hearings under the Individuals with Disabilities Education Improvement
Act (IDEIA). [A person who is the subject of forensic evaluation
is not considered to be a patient under these rules.]
(4)"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 local, state, 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.]
(5)[(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.
(6)[(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.
(7)[(6)] "Multiple Relationship"
means any relationship between a licensee and another individual involving
a professional relationship and a non-professional relationship.
(8)[(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. However, a
person who is the subject of a forensic evaluation is not considered
to be a patient under these rules. [except as identified
in paragraph (3) of this section, where the subject of forensic evaluation
is not considered to be a patient.]
(9)[(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.
(10)[(9)] "Professional standards"
are determined by the Board through its rules, regulations, policies
and any other sources adopted by the Board.
(11)[(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.
(12)[(11)] "Recognized member
of the clergy," as used in §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).
(13)[(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.
(14)[(13)] "Report" includes
any written or oral assessment, recommendation, psychological diagnostic
or evaluative statement containing the professional judgment or opinion
of a licensee.
(15)[(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.
(16)[(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.
(17)[(16)] "Child custody evaluation"
has the same meaning as assigned by Tex. Fam. Code Ann. §107.101.
(18)[(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 December 29, 2015
TRD-201505989 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 14, 2016
For further information, please call: (512) 305-7706
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