Texas Register

TITLE 22 EXAMINING BOARDS
PART 35TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS
CHAPTER 801LICENSURE AND REGULATION OF MARRIAGE AND FAMLY THERAPISTS
SUBCHAPTER CGUIDELINES FOR PROFESSIONAL THERAPEUTIC SERVICES AND CODE OF ETHICS
RULE §801.44Relationships with Clients
ISSUE 12/02/2016
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (d)(No change.)

(e)No commission or rebate or any other form of remuneration shall be given or received by a licensee for the referral of clients for professional services. A licensee employed or under contract with a chemical dependency facility or a mental health facility, shall comply with the requirements in [the Texas] Health and Safety Code, §164.006[,] (relating to Soliciting and Contracting with Certain Referral Sources) [soliciting and contracting with certain referral sources]. Compliance with [the Treatment Facilities Marketing Act, Texas] Health and Safety Code, Chapter 164 (relating to Treatment Facilities Marketing and Admission Practices)[,] shall not be considered as a violation of state law regarding illegal remuneration.

(f) - (p) (No change.)

(q)A licensee who engages in technology-assisted services [interactive therapy via the telephone or internet] must provide the client with the licensee’s [his/her ] license number and information on how to contact the board by telephone, electronic communication, or mail. The licensee[ , and] must comply with [adhere to] all other provisions of this chapter.

(r)A licensee shall [only] offer only those services that are within his or her professional competency, and the services provided shall be within accepted professional standards of practice and appropriate to the needs of the client.

(s)(No change.)

(t)A licensee shall evaluate a client's progress on a continuing basis to guide service delivery and shall [will ] make use of supervision and consultation as indicated by the client's needs.

(u) - (z)(No change.)

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 November 18, 2016

TRD-201606008

Jennifer Smothermon, M.A., LPC, LMFT

Chair

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: January 1, 2017

For further information, please call: (512) 776-6972



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