The following terms have the following meanings:
(1)"Client" means a party other than
a patient seeking or obtaining psychological services, as defined
in §501.003 of the Occupations Code, for a third-party with the
goal of assisting or caring for that third-party or answering a referral
question through the use of forensic psychological services. [
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
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).
(4)"Forensic evaluation" is an evaluation
conducted, not for the purpose of providing mental health treatment,
but rather at the request of a court, a federal, state, or local governmental
entity, an attorney, or an administrative body including federal and
private disability benefits providers to assist in addressing a forensic
referral question.
(5)"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)"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)"Multiple Relationship" means any relationship
between a licensee and another individual involving a professional
relationship and a non-professional relationship.
(8)"Patient" means a person who receives psychological
services, as defined in §501.003 of the Occupations Code, regardless
of whether the patient or a third-party pays for the services. The
term "patient" shall include a client if the client is a person listed
in §611.004(a)(4) or (5) of the Health and Safety Code who is
acting on a patient’s behalf. A person who is the subject of
a forensic evaluation is not considered to be a patient under these
rules. ["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]
(9)"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) "Professional standards" are determined
by the Board through its rules, regulations, policies and any other
sources adopted by the Board.
(11)"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)"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)"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)"Report" includes any written or oral
assessment, recommendation, psychological diagnostic or evaluative
statement containing the professional judgment or opinion of a licensee.
(15)"Test materials" refers to test booklets,
forms, manuals, instruments, protocols, software, as well as test
questions, and stimuli protected by federal copyright law and used
in psychological testing to generate test results and test reports. [
"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)"Test data" refers to a patient’s
specific answers to test materials, whether spoken or written, generated
in drawings, or recorded by computers or other lab devices.
(17)[(16)] "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.
(18)[(17)] "Child custody
evaluation" has the same meaning as assigned by Tex. Fam. Code
Ann. §107.101.
(19)[(18)] "Adoption evaluation"
has the same meaning as assigned by Tex. Fam. Code Ann. §107.151.
(20)"Private school" has the same
meaning as assigned by §5.001 of the Texas Education Code, but
does not include a parent or legal guardian who chooses to homeschool
a child.
(21)"Public school" means any state
agency, regional education service center, diploma program, school
district, or charter school established or authorized under Title
2 of the Texas Education Code and supported in whole or in part by
state tax funds.
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 June 6, 2017
TRD-201702203 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: July 23, 2017
For further information, please call: (512) 305-7700
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