(a)A licensee must [shall] provide
marriage and family therapy professional services only in the context
of a professional relationship.
(b)A licensee must [shall] make
known in writing to a prospective client the important aspects of
the professional relationship, including [but not limited to,]
the licensee's status as an LMFT or LMFT Associate, [a
Licensed Marriage and Family Therapist, including] any probationary
status or other restrictions placed on the licensee by the board,
office procedures, after-hours coverage, fees, and arrangements for
payment (which might affect the client's decision to enter into the
relationship).
(c)A licensee must [shall] obtain
an appropriate consent for treatment before providing professional
services. A licensee must [shall] make reasonable
efforts to determine whether the conservatorship, guardianship, or
parental rights of the client have been modified by a court. Before [
Prior to] the commencement of therapy services to a minor client
who is named in a custody agreement or court order, a licensee must [
shall] obtain and review a current copy of the custody agreement
or court order in a suit affecting the parent-child relationship.
A licensee must [shall] maintain these documents
in the client's record. When federal or state statutes provide an
exemption to secure consent of a parent or guardian before [
prior to] providing services to a minor, a licensee must [
shall] follow the protocol set forth in such federal or state
statutes.
(d)A licensee must [shall] make
known in writing to a prospective client the confidential nature of
the client's disclosures and the clinical record, including the legal
limitations of the confidentiality of the mental health record and
information.
(e)No commission or rebate or any other form of remuneration
may [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 must[, shall] comply with the
requirements in Texas Health and Safety Code, §164.006
(relating to Soliciting and Contracting with Certain Referral Sources).
Compliance with Texas Health and Safety Code, Chapter 164
(relating to Treatment Facilities Marketing and Admission Practices)
is [shall] not [be] considered [as]
a violation of state law regarding illegal remuneration.
(f)A licensee must [shall] not
exploit the licensee's [his/her] position of
trust with a client or former client.
(g)A licensee must [shall] not
engage in activities that seek to meet the licensee's personal needs
instead of the needs of the client.
(h)A licensee must [shall] not
provide marriage and family therapy services to family members, personal
friends, educational associates, business associates, or others whose
welfare might be jeopardized by such a dual relationship.
(i)A licensee must [shall] set
and maintain professional boundaries with clients and former clients.
(j)A licensee may disclose confidential information
to medical or law enforcement personnel if the licensee determines
[that] there is a probability of imminent physical injury
by the client to the client or others or there is a probability of
immediate mental or emotional injury to the client.
(k)In group therapy settings, the licensee must [
shall] take reasonable precautions to protect individuals from
physical or emotional trauma resulting from interaction within the
group.
(l)A licensee must [shall] make
a reasonable effort to avoid non-therapeutic relationships with clients
or former clients. A non-therapeutic relationship is an activity begun
[initiated] by either the licensee or the client
for the purposes of establishing a non-therapeutic relationship. A
licensee must [It is the responsibility of the licensee
to] ensure the welfare of the client if a non-therapeutic relationship
arises.
[(m)A licensee shall keep accurate
records of therapeutic services to include, but not be limited to,
dates of services, types of services, progress or case notes, and
billing information for a minimum of 5 years for an adult client and
5 years beyond the age of 18 years of age for a minor.]
[(n)Records created by licensees
during the scope of their employment by educational institutions;
by federal, state, or local government agencies; or political subdivisions
or programs are not required to comply with the requirements of subsection
(m) of this section.]
(m)[(o)] A licensee may
not [shall] bill clients or third parties for [only
those] services not actually rendered or as agreed
to in writing.
(n)[(p)] A licensee must
end [shall terminate] a professional relationship
when it is reasonably clear [that] the client is not benefiting
from it. Upon ending a professional relationship, [termination,
] if the client still requires mental health services, the licensee
must [shall] make reasonable efforts to provide
a written referral to clients for [in writing to refer
the client to] appropriate services and to facilitate the
transfer to appropriate care.
(o)[(q)] A licensee who engages
in technology-assisted services must provide the client with the licensee's
license number and information on how to contact the board by telephone,
electronic communication, or mail. The licensee must comply with all
other provisions of this chapter.
(p)[(r)] A licensee may
not [shall] offer [only those] services
that are beyond the licensee's[within his or her]
professional competency, and the services provided must [
shall] be within accepted professional standards of practice
and appropriate to the needs of the client.
(q)[(s)] A licensee must [
shall] base all services on an assessment, evaluation, or diagnosis
of the client.
(r)[(t)] A licensee must [
shall] evaluate a client's progress on a continuing basis to
guide service delivery and must [shall] make
use of supervision and consultation as indicated by the client's needs.
(s)[(u)] A licensee may [
shall] not promote or encourage the illegal use of alcohol or
drugs by a client [clients].
(t)[(v)] A licensee must [
shall] not knowingly offer or provide professional services
to an individual concurrently receiving professional services from
another mental health services provider except with that provider's
knowledge. If a licensee learns of such concurrent professional services,
the licensee must [shall] take immediate and
reasonable action to inform the other mental health services provider.
[(w)A licensee shall refrain from
providing services while impaired by medication, drugs, or alcohol.]
[(x)Upon termination of a relationship,
if professional counseling or other marriage and family therapy services
are still necessary, the licensee shall take reasonable steps to facilitate
the transfer to appropriate care.]
(u)[(y)] A licensee may [
shall] not aid or abet the unlicensed practice of marriage and
family therapy services by a person required to be licensed under
the Act. A licensee must [shall] report to the
board knowledge of any unlicensed practice.
(v)[(z)] A licensee may [
shall] not enter into a non-professional relationship with a
client's family member or any person having a personal or professional
relationship with a client, if the licensee knows or reasonably should
have known such a relationship could be detrimental to the client.
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 3, 2018
TRD-201805135 Jennifer Smothermon, MA, LPC, LMFT
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Earliest possible date of adoption: January 13, 2019
For further information, please call: (512) 776-6972
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