The following terms have the following meanings:
(1)"Adoption evaluation" has the
same meaning as assigned by Tex. Fam. Code Ann. §107.151.
(2)"Child custody evaluation" has
the same meaning as assigned by Tex. Fam. Code Ann. §107.101.
(3)[(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.
(4)[(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).]
(5)[(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.
(6)"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).
(7)[(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.
(8)[(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.]
(9)[(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.
(10)"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.
(11)[(9)] "Professional relationship"
means a fiduciary relationship between a licensee and a patient or
client involving communications and records deemed confidential under
§611.002 of the Health and Safety Code. A professional relationship
also exists where licensees are appointed by a court or other governmental
body to answer a referral question through the use of forensic psychological
services [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].
(12)[(10)] "Professional standards"
are determined by the Board through its rules, regulations, policies
and any other sources adopted by the Board.
(13)[(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.
(14)"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.
(15)"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).
(16)"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.
(17)"Report" includes any written
or oral assessment, recommendation, psychological diagnostic or evaluative
statement containing the professional judgment or opinion of a licensee.
(18)"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.
(19)"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.
(20)"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.
[(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.]
[(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)"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)"Child custody evaluation" has
the same meaning as assigned by Tex. Fam. Code Ann. §107.101.]
[(19)"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 March 23, 2018
TRD-201801260 Darrel D. Spinks
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: May 6, 2018
For further information, please call: (512) 305-7700
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