Part XVIII.
Texas State Board of Podiatric Medical Examiners
Chapter 378.
Continuing Education
22 TAC §378.8
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §378.8 concerning Inactive License Status. The amendments
are being proposed to clarify the requirements for having an inactive license.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the sections are in effect there will be no fiscal
implications as a result of enforcing or administering these sections.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the understanding that the renewal fee must still be paid
each year even if you are on inactive status. There will be no cost to small
or large businesses and/or individuals.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer I, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas, 78711-2216.
The amendments are proposed under Texas Civil Statutes, Article
4568(j), which provides the Texas State Board of Podiatric Medical Examiners
with the authority to adopt all reasonable or necessary rules, regulations,
and by-laws not inconsistent with the law regulating the practice of podiatric
medicine, the laws of this state, or of the United States; to govern its proceedings
and activities, the regulation of the practice of podiatric medicine, and
the enforcement of the law regulating the practice of podiatric medicine.
The proposed amendments implement the Podiatric Medical Practice Act, Article
4571, Section 7.
§378.8.Inactive License Status.
(a)
A licensee may place a license on inactive status by applying
for inactive status
in writing to
[
(b)-(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 1999.
TRD-9900053
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7000
22 TAC §382.4
The Texas State Board of Podiatric Medical Examiners proposes
an amendment to §382.4 concerning Non-Certified Podiatric Technician's
Scope of Practice. The amendment is being proposed to delete the section that
states that the podiatric physician must be physically present on the premises.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the sections are in effect there will be no fiscal
implications as a result of enforcing or administering this section.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be knowing who must be present during the procedure. There will
be no cost to small or large businesses, and/or individuals.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer I, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas, 78711-2216.
The amendments are proposed under Texas Civil Statutes, Article
4568(j), which provides the Texas State Board of Podiatric Medical Examiners
with the authority to adopt all reasonable or necessary rules, regulations,
and by-laws not inconsistent with the law regulating the practice of podiatric
medicine, the laws of this state, or of the United States; to govern its proceedings
and activities, the regulation of the practice of podiatric medicine, and
the enforcement of the law regulating the practice of podiatric medicine.
No other code, statute or article are affected by this rule change.
§382.4.Non-Certified Podiatric Technician's Scope of Practice.
(a)
(No change.)
(b)
A registrant shall perform radiological procedures only
under the supervision of a podiatric physician [
(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 1999.
TRD-9900054
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7000
22 TAC §382.7
The Texas State Board of Podiatric Medical Examiners proposes
new §382.7 concerning Continuing Medical Education Requirements. The
new rule is being proposed to set up guidelines for the continuing medical
education requirements.
Allen M. Hymans, Executive Director, has determined that for each year
of the first five years the sections are in effect there will be no fiscal
implications as a result of enforcing or administering this section.
Mr. Hymans has also determined that for each year for the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be knowing that the technicians are receiving continued training.
There will be no cost to small or large businesses. There will be a cost to
the individuals who are registered and must take the continuing education
courses in order to comply with the new section.
Comments on or about the proposal may be submitted to Janie Alonzo, Staff
Services Officer I, Texas State Board of Podiatric Medical Examiners, P.O.
Box 12216, Austin, Texas, 78711-2216.
The new section is proposed under Texas Civil Statutes, Article
4568(j), which provides the Texas State Board of Podiatric Medical Examiners
with the authority to adopt all reasonable or necessary rules, regulations,
and by-laws not inconsistent with the law regulating the practice of podiatric
medicine, the laws of this state, or of the United States; to govern its proceedings
and activities, the regulation of the practice of podiatric medicine, and
the enforcement of the law regulating the practice of podiatric medicine.
No other code, statute or article are affected by this rule change.
§382.7.Continuing Medical Education Requirements.
(a)
Non-certified radiologic technicians must complete four
hours of CME every two years to include training in radiation safety and current
developments as well as radiographic procedures in the podiatric office.
(b)
Schools or organizations that have been certified to instruct
the 20 hour certification program through the Texas Department of Health,
shall be approved to conduct the continuing medical education.
(c)
Qualified instructors who have been approved to instruct
the 20 hour certification program through the Texas Department of Health,
shall be approved to conduct the continuing medical education.
(d)
Approved organizations are required to issue to each student
who successfully completes the program, a certificate of completion listing
the student's name, program name and date of completion. It is the responsibility
of the non-certified podiatric medical radiologic technician and the podiatric
physician for whom they are working to provide a copy of this certificate
of completion to the Texas State Board of Podiatric Medical Examiners.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 1999.
TRD-9900055
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7000
Chapter 463.
Applications
22 TAC §463.6
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.6, concerning Experience. The amendment is being
proposed in order to clarify that as required by §21(a)(2) of the Psychologists'
Licensing Act, at least one year of the two years of supervised experience
required to qualify for licensure, must have been received by an applicant
after the date on which the applicant's doctoral degree was conferred; to
indicate the acceptable titles for those individuals under supervision; and
to require that those receiving psychological services be informed of an individual's
supervisory status.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing the section.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to enable licensees and consumers of psychological services
to better understand and examine the training requirements for licensed psychologists.
There will be no effect on small businesses. There will be no anticipated
economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted by March 8, 1999, to Janice C.
Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite
2-450, Austin, Texas 78701, (512) 305-7700.
The amendment is proposed under Texas Civil Statutes, Article
4512c, which provide the Texas State Board of Examiners of Psychologists with
the authority to make all rules, not inconsistent with the Constitution and
laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
The proposed amendment does not affect other statutes, articles, or codes.
§463.6. Supervised Experience Required for Licensure as a Psychologist.
In order to qualify for licensure, a psychologist must submit proof
of two years of supervised experience, at least one year of which must have
been
received after the doctoral degree was officially conferred and
at least one year of which must have been
a formal internship which
meets the requirements set forth in paragraphs (2) or (3) of this section.
The formal internship year may be met either before or after the doctoral
degree is conferred.
(1)
General. All supervised experience for licensure as a
psychologist, including the formal internship, must meet the following requirements:
(A)-(M)
(No change.)
(N)
The supervisee shall be designated
by a title that clearly indicates a supervisory licensing status such as "intern,"
"resident," "trainee," or "fellow." An individual who is a provisionally licensed
psychologist may use this title so long as those receiving psychological services
are clearly informed that the individual is under the supervision of a licensed
psychologist.
(O)
The supervisee and supervisor
must clearly inform those receiving psychological services as to the supervisory
status of the individual and how the patient or client may contact the supervising
licensed psychologist directly.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900042
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7700
22 TAC §463.28
The Texas State Board of Examiners of Psychologists proposes
an amendment to §463.28, concerning Time Limit on Examination Failures
and Passing Scores. The amendment is being proposed in order to reflect a
time limit on the validity of an applicant's score on the Board's Jurisprudence
examination.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing the section.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to ensure that the public receive psychological services
from the most qualified individuals. There will be no effect on small businesses.
There will be no anticipated economic cost to persons who are required to
comply with the section as proposed other than to pay the fee to take the
examination again if the time limit on the previous passing score has expired.
Comments on the proposal may be submitted by March 8, 1999, to Janice C.
Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite
2-450, Austin, Texas 78701, (512) 305-7700.
The amendment is proposed under Texas Civil Statutes, Article
4512c, which provide the Texas State Board of Examiners of Psychologists with
the authority to make all rules, not inconsistent with the Constitution and
laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
The proposed amendment does not affect other statutes, articles, or codes.
§463.28. Time Limit on Examination [
(a)
Applicants must successfully pass all examinations
required of them within three years of the first examination date immediately
following the date they are approved to sit for each exam. Failure to do so
will result in termination of application. The Board may adjust this requirement
within 10 days to provide flexibility in the Board's scheduling of examinations.
(b)
For the purpose of fulfilling
application requirements for licensure, a passing score on the Board's Jurisprudence
examination is valid for only four years, unless the applicant has other active
licensure with the Board at the time the application is received by the Board.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900043
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7700
22 TAC §463.31
The Texas State Board of Examiners of Psychologists proposes
new §463.31, concerning Temporary Privileges to Practice Psychology in
Texas. The new rule is being proposed in order to reorganize and clarify the
rules of the Board.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be to make the rule easier for licensees and the general
public to follow and understand. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
Comments on the proposal may be submitted by March 8, 1999, to Janice C.
Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite
2-450, Austin, Texas 78701, (512) 305-7700.
The new rule is proposed under Texas Civil Statutes, Article
4512c, which provides the Texas State Board of Examiners of Psychologists
with the authority to make all rules, not inconsistent with the Constitution
and Laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
The proposed new rule does not affect other statutes, articles, or codes.
§463.31. Temporary Privileges to Practice Psychology in Texas.
A person licensed as a psychologist and in good standing in another
state, may perform psychological services with individuals, groups, or organizations
within the State of Texas for a period of time not to exceed 30 days within
a calendar year. Persons applying for temporary privileges must apply in writing
to the Board at least 30 days prior to the expected working days in Texas.
The petition for temporary privileges must include but shall not be limited
to psychological services to be performed; the specific dates of the psychological
services; and documentation of credentials. Any psychologist granted temporary
privileges must abide by the rules and regulations of the Board during the
period the privileges are in effect. This rule does not apply to those persons
who reside or who are in the process of establishing residence in Texas or
who provide psychological services primarily in Texas. This rule cannot be
used as an entry or vehicle for entry to certification or licensure in Texas.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900044
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7700
22 TAC §§465.1, 465.2, 465.7, 465.10, 465.11, 465.13, 465.14, 465.22, 465.23, 465.33, 465.36
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Board of Examiners of Psychologists or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Examiners of Psychologists
proposes the repeal of §§465.1, 465.2, 465.7, 465.10, 465.11, 465.13,
465.14, 465.22, 465.23, 465.33 and 465.36 concerning Rules of Practice. The
repeals are being proposed in order to reorganize the rules of the Board.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the repeals are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the repeals.
Ms. Lee also has determined that for each year of the first five years
the repeals are in effect the public benefit anticipated as a result of enforcing
the repeals will be to make the rules easier for licensees and the general
public to follow and understand. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the repeals as proposed.
Comments on the proposals may be submitted by March 8, 1999, to Janice
C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe,
Suite 2-450, Austin, Texas 78701, (512) 305-7700.
The repeals are proposed under Texas Civil Statutes, Article
4512c, which provides the Texas State Board of Examiners of Psychologists
with the authority to make all rules, not inconsistent with the Constitution
and Laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
The proposed repeals do not affect other statutes, articles, or codes.
§465.1. Listings.
§465.2. Supervision of Psychological Services.
§465.7. Status of Psychological Associates/Certified Psychologists.
§465.10. Applicability of the Act and Rules of the Board to Licensees.
§465.11. Termination of Employment.
§465.13. Disposition of Practice by a Psychologist or by the Estate of a Psychologist.
§465.14. Display of License and Renewal Permit.
§465.22. Psychological Records.
§465.23. Temporary Privileges to Practice Psychology in Texas.
§465.33. Sexual Intimacies and Sexual Harassment.
§465.36. Ethics Code.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900045
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7700
22 TAC §§465.1, 465.2, 465.5-465.22, 465.25, 465.26, 465.29, 465.32-465.37
The Texas State Board of Examiners of Psychologists proposes
new §§465.1, 465.2, 465.5-465.22, 465.25, 465.26, 465.29, and 465.32-465.37,
concerning Rules of Practice. The new rules are being proposed in order to
reorganize and clarify the rules of the Board.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rules.
Ms. Lee also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to make the rules easier for licensees and the general
public to follow and understand. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the sections as proposed.
Comments on the proposals may be submitted by March 8, 1999, to Janice
C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe,
Suite 2-450, Austin, Texas 78701, (512) 305-7700.
The new rules are proposed under Texas Civil Statutes, Article
4512c, which provides the Texas State Board of Examiners of Psychologists
with the authority to make all rules, not inconsistent with the Constitution
and Laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
The proposed new rules do not affect other statutes, articles, or codes.
§465.1. Definitions.
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 psychology" is the provision of psychological
services involving a court of law 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 trial or hearing.
(4)
"Informed Consent" means consent by 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.
(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 over
whom the Board has the authority to discipline under these Rules.
(6)
"Multiple Relationship" means any relationship between
a licensee and another individual involving a professional relationship and
more than one non-professional relationship.
(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.
(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.
(9)
"Professional standards" are determined by the Board
through its rules, regulations, policies and any other sources adopted by
the Board.
(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.
(11)
"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, 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.
(12)
"Report" includes any written or oral assessment,
recommendation, psychological diagnostic or evaluative statement containing
the professional judgment or opinion of a licensee.
(13)
"Sexual Relationship" has the definition set forth
in §465.33(c) of this title (relating to Improper Sexual Conduct).
(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.
§465.2. Supervision.
(a)
A licensee is responsible for the professional supervision
of all individuals that the licensee employs or utilizes to provide psychological
services of any kind.
(b)
Licensees provide an adequate level of supervision to
all individuals under their supervision according to accepted professional
standards given the experience, skill and training of the supervisee and the
type of psychological services.
(c)
Licensees must be competent to perform any psychological
services being provided under their supervision.
(d)
Licensees shall document their supervision activities
in writing.
(e)
Licensees delegate only those responsibilities that supervisees
may legally and competently perform.
(f)
Licensees utilize methods of supervision that enable the
licensee to monitor all delegated services for legal, competent, and ethical
performance.
(g)
For purposes of this rule, the term "supervision" does
not apply to the supervision of purely administrative or employment matters.
§465.5. Status of Licensed Psychological Associates and Provisionally Licensed Psychologists.
Licensed psychological associates and provisionally licensed psychologists
must be under the supervision of a licensed psychologist and may not engage
in independent practice.
§465.6. Listings & Advertisements.
(a)
Listings.
(1)
Licensees providing supervision and any individuals practicing
under that supervision are responsible for ensuring that all materials relating
to the practice of psychology upon which the supervisee's name or signature
appears must indicate the supervisory capacity of the supervisee and the name
of the licensee providing the supervision.
(2)
Supervisory capacity must be indicated by one of
the following:
(A)
Supervised by (name of supervising licensee);
(B)
Under the supervision of (name of supervising licensee);
(C)
The following persons are under the supervision of (name
of supervising licensee); or
(D)
Supervisee of (name of supervising licensee).
(3)
Only licensed psychologist may be listed in
telephone directories under the title of "Psychologists."
(b)
Public Statements & Advertising.
(1)
Licensees shall not make public statements that are false,
deceptive, misleading or fraudulent, either because of what they state, convey
or suggest or because of what they omit concerning the practice of psychology
or their own training, experience or competence; their academic degrees; their
credentials; their institutional or association affiliations; publications
or research.
(2)
Licensees who learn of false or deceptive statements
about their practice of psychology or their status as providers of psychological
services make reasonable efforts to correct such statements.
(3)
Licensees do not solicit testimonials from current
therapy clients or patients or from other persons who are vulnerable to undue
influence.
(4)
Licensees do not engage, directly or through agents,
in uninvited in-person solicitation of business from actual or potential therapy
patients or clients.
§465.7. Display of License/Renewal Permit.
Licensees must display the original license or an official duplicate
issued by the Board and the current renewal permit in a conspicuous place
in the principal office where the licensee practices. Any reproduction displayed
in lieu of those cited in this section is unauthorized by the Board.
§465.8. Psychological Services Are Provided Within a Defined Relationship.
Licensees provide psychological services only in the context of a defined
professional relationship.
§465.9. Competency.
(a)
Licensees provide only services for which they have the
education, skills, and training to perform competently.
(b)
Competency includes the ability to provide services concerning
a specific individual that takes into account characteristics of that individual
including age, gender, ethnicity, national origin, disability, language, and
socio-economic status.
(c)
Licensees maintain current knowledge of scientific and
professional information that ensures competency in any area in which they
provide services.
(d)
Licensees provide services in an unfamiliar area or involving
new techniques only after first undertaking appropriate study and training,
including supervision, and/or consultation from a professional competent to
provide such services.
(e)
In emerging areas in which generally recognized standards
for preparatory training do not exist, licensees take reasonable steps to
ensure the competence of their work and to protect patients, clients, research
participants, and other affected individuals from the potential for harm.
(f)
Licensees are responsible for ensuring that all individuals
practicing under their supervision are competent to perform those services.
(g)
Licensees who delegate performance of certain services
such as test scoring are responsible for ensuring that the entity to whom
the delegation is made is competent to perform those services.
(h)
Licensees who lack the competency to provide particular
psychological services to a specific individual must withdraw and refer the
individual to a competent appropriate service provider.
§465.10. Basis for Scientific and Professional Judgments.
Licensees rely on scientifically and professionally derived knowledge
when making professional judgments.
§465.11. Informed Consent/Describing Psychological Services.
(a)
Licensees obtain informed consent concerning all services
they intend to provide to the patient, client or other recipient(s) of the
psychological services prior to initiating the services, using language that
is reasonably understandable to the recipients unless consent is precluded
by applicable federal or state law.
(b)
Licensees provide appropriate information as needed during
the course of the services about changes in the nature of the services to
the patient client or other recipient(s) of the services using language that
is reasonable understandable to the recipient to ensure informed consent.
(c)
Licensees provide appropriate information as needed, during
the course of the services to the patient client and other recipient(s) and
afterward if requested, to explain the results and conclusions reached concerning
the services using language that is reasonably understandable to the recipient(s).
(d)
When a licensee agrees to provide services to a person,
group or organization at the request of a third party, the licensee clarifies
to all of the parties the nature of the relationship between the licensee
and each party at the outset of the service and at any time during the services
that the circumstances change. This clarification includes the role of the
licensee with each party, the probable uses of the services and the results
of the services, and all potential limits to the confidentiality between the
recipient(s) of the services and the licensee.
(e)
When a licensee agrees to provide services to several
persons who have a relationship, such as spouses, couples, parents and children,
or in group therapy, the licensee clarifies at the outset the professional
relationship between the licensee and each of the individuals involved, including
the probable use of the services and information obtained, confidentiality,
expectations of each participant, and the access of each participant to records
generated in the course of the services.
(f)
At any time that a licensee knows or should know that
he or she may be called on to perform potentially conflicting roles (such
as martial counselor to husband and wife, and then witness for one party in
a divorce proceeding), the licensee explains the potential conflict to all
affected parties and adjusts or withdraws from all professional services in
accordance with Board rules and applicable state and federal law.
(g)
When persons are legally incapable of giving informed
consent, licensees obtain informed consent from any individual legally designated
to provide substitute consent.
(h)
When informed consent is precluded by law, the licensee
describes the nature and purpose of all services, as well as the confidentiality
of the services and all applicable limits thereto, that he or she intends
to provide to the patient, client, or other recipient(s) of the psychological
services prior to initiating the services using language that is reasonably
understandable to the recipient(s).
§465.12. Privacy and Confidentiality.
(a)
Licensees utilize business practices and provide services
in a manner that safeguards the privacy and confidentiality of patients and
clients.
(b)
Licensees must inform their patients or clients about
confidentiality and foreseeable limitations on confidentiality created by
existing and reasonably foreseeable circumstances prior to the commencement
of services.
(c)
Licensees keep patients and clients informed of all changes
in circumstances affecting confidentiality as they arise.
(d)
Licensees comply with Chapter 611 of the Texas Health
& Safety Code and all other state and federal law applicable to patient/client
confidentiality.
(e)
Licensees disclose confidential information without the
consent of a patient or client only in compliance with applicable state and
federal law.
(f)
Licensees who release confidential records relating to
a patient or client that also contain confidential information relating to
a second patient or client that the licensee obtained through the provision
of services to that second individual, and who lack consent or other legal
authority to disclose the second individual's identity and/or records, must
remove all identifying and confidential information relating to the second
individual before releasing the records.
(g)
Licensees may share information for consultation purposes
without a consent only to the extent necessary to achieve the purposes of
the consultation and excluding information that could lead to the identification
of the patient or client.
(h)
Licensees shall not require a patient or client to waive
a legal right to confidentiality as a condition of providing services.
§465.13. Personal Problems, Conflicts & Dual Relationships.
(a)
In General.
(1)
Licensees refrain from providing services when they know
or should know that their personal problems or a lack of objectivity have
the potential to impair their competency or harm a patient, client, colleague,
student, supervisee, research participant, or other person with whom they
have a professional relationship.
(2)
Licensees seek professional assistance for any personal
problems, including alcohol or substance use, that have the potential to impair
their competency.
(3)
Licensees do not exploit persons over whom they have
supervisory evaluative, or other authority such as students, supervisees,
employees, research participants, and clients or patients.
(4)
Licensees refrain from entering into any professional
relationship which conflicts with their ability to comply with all Board rules
applicable to other existing professional relationships.
(5)
Licensees who find themselves in a professional relationship
that conflicts with other professional relationships to the extent that the
licensee cannot comply with all applicable Board rules relating to each of
the professional relationships must withdraw from any and all relationships
to prevent the conflict(s).
(b)
Dual Relationships.
(1)
A licensee must refrain from entering into or agreeing
to enter into a dual relationship with a client, patient, supervisee, student
or any other individuals if it appears that such a relationship has the potential
to impair the licensee's objectivity or otherwise interfere with the licensee's
ability to effectively and competently provide psychological services or has
any other potential to harm or exploit the other party.
(2)
A licensee must refrain from a professional relationship
where pre-existing personal, financial, professional, or other relationships
have the potential to impair the licensee's objectivity or have any other
potential to harm or exploit the other party.
(3)
Licensees do not have sexual relationships with a
client or patient.
(4)
Licensees do not provide psychological services to
an individual with whom they have had sexual relationships.
(5)
Licensees do not have sexual relationships with persons
over whom they have supervisory, evaluative or other authority, including
students, trainees or supervisees.
(6)
Licensees do not terminate the delivery of psychological
services with an individual in order to engage in a sexual relationship with
that person.
(7)
A licensee considering a professional relationship
that would result in a dual or multiple relationship shall take appropriate
measures, such as obtaining professional consultation or assistance, to determine
whether there is a risk that the dual relationship could impair the licensee's
objectivity or cause harm to the other party. If potential for impairment
or harm exists, the licensee shall not provide services regardless of the
wishes of the other party.
(8)
A licensee in a potentially harmful dual or multiple
relationship must cease to provide psychological services to the other party,
regardless of the wishes of that party.
§465.14. Misuse of Licensees' Services.
(a)
Licensees decline to offer services when limitations or
conditions are placed on their work by the patient or client or third parties
which could foreseeably cause the licensee to violate a Board rule.
(b)
If licensees become aware of misuse or misrepresentation
of their services or the results of their services, they take reasonable steps
to correct or minimize the misuse or misrepresentation.
§465.15. Fees and Financial Arrangements.
(a)
General Requirements.
(1)
Before the provision of any services, the licensee and
the recipient of psychological services reach an agreement specifying the
compensation and billing arrangements.
(2)
If services are not paid for as agreed, the licensee
shall not utilize a collection agency or legal measures to collect the fees
until after the licensee has first informed the affected party that such measures
will be taken and the party has been provided with a reasonable opportunity
to make prompt payment.
(3)
Licensees shall not withhold records solely because
payment has not been received unless specifically permitted by law.
(4)
In their reports to third-party payors for services,
licensees accurately state the nature, date and amount of the services provided,
the fees, and the identity of the individual(s) who actually provided the
services.
(b)
Ethical & Legal Aspects.
(1)
Licensees do not engage in fraudulent billing.
(2)
Licensees do not misrepresent their fees.
(3)
Licensees do not overcharge or otherwise exploit
recipients of services or payors with respect to fees.
(4)
Licensees do not receive payments or divide fees
with another health care provider for professional referrals.
(5)
A licensee does not participate in bartering if it
is clinically contraindicated or the relationship has the potential to create
an exploitative or harmful dual relationship.
§465.16. Evaluation, Assessment, Testing, and Reports.
(a)
Scope & Purpose.
(1)
Before performing evaluations, testing and assessments,
licensees clearly define the purposes and scope to the subject(s) of the evaluations,
testing and/or assessments.
(2)
Licensees produce reports consistent with and which
clearly state the purpose and scope of the evaluations, testing and/or assessments.
(b)
Reliability & Validity.
(1)
Licensees produce or co-sign only assessments, recommendations,
reports or psychological diagnostic or evaluative statements that are based
on information and techniques sufficient to provide appropriate substantiation
for the findings.
(2)
Licensees administer, score, interpret or use assessment
techniques or tests only if they are familiar with the reliability, validation
and related standardization or outcome studies of, and proper applications
and use of, the techniques they use.
(3)
Licensees who administer, score, interpret or utilize
psychological assessment techniques, tests or instruments do so in a manner
and for purposes for which there are professional or scientific bases.
(4)
Licensees do not base their assessment or intervention
decisions or recommendations on data or test results that are outdated for
the current purpose.
(5)
Licensees do not base decisions or recommendations
on tests and measures that are obsolete or not useful for the current purpose.
(c)
Limitations.
(1)
Licensees include all information that provides the basis
for their findings in any report in which they make findings or diagnoses
about an individual.
(2)
Licensees identify limits to the certainty with which
diagnoses, judgments, or predictions can be made about individuals.
(3)
Licensees identify various test factors and characteristics
of the person being assessed that might affect their professional judgment
or reduce the accuracy of their interpretations when interpreting assessment
results, including automated interpretations.
(4)
Licensees include any significant reservations they
have about the accuracy or limitations of their interpretations or findings
in any report they produce.
(d)
Test Security & Validity. Licensees conduct testing
and maintain and release test protocols and data in a secure manner that does
not compromise the validity of the test.
§465.17. Therapy and Counseling.
(a)
Imbalances of Power.
(1)
Licensees who engage in therapy or counseling recognize
the actual or perceived power or undue influence they hold over current and
former patients and clients.
(2)
Licensees are presumed to have power and influence
over former therapy or counseling patients or clients.
(3)
Licensees do not engage in sexual relationships with,
employ, enter into business with or otherwise exploit any former patient or
client over whom they have actual or perceived power or undue influence created
through a therapeutic relationship.
(b)
Treatment plans.
(1)
Licensees create specific treatment plans that include,
at a minimum, agreed upon goals of the treatment, the techniques to be used,
and the tentative duration of the treatment for any therapy or counseling
that they provide.
(2)
Licensees explain the treatment plan to all recipients
of the therapy or counseling before commencing the services.
(3)
Licensees alter the treatment plan when clinically
indicated.
(4)
Licensees confer with the recipient(s) concerning
significant alterations in the treatment plan.
§465.18. Forensic Services.
(a)
In General.
(1)
A licensee who provides services concerning a matter which
the licensee knows or should know will be utilized in a legal proceeding,
such as a child custody determination or a divorce, must comply with all applicable
Board rules concerning forensic services regardless of whether the licensee
is acting as a factual witness or an expert.
(2)
Licensees who engage in forensic services must have
demonstrated appropriate knowledge of and competence in all underlying areas
of psychology about which they provide such services.
(3)
All forensic opinions, reports, assessments, and
recommendations rendered by a licensee must be based on information and techniques
sufficient to provide appropriate substantiation for each finding.
(4)
A licensee who provides forensic services must comply
with all other applicable Board rules and state and federal law relating to
the underlying areas of psychology relating to those services.
(b)
Limitation on Services.
(1)
A licensee who is asked to provide an opinion concerning
an area or matter about which the licensee does not have the appropriate knowledge
and competency to render a professional opinion shall decline to render that
opinion.
(2)
A licensee who is asked to provide an opinion concerning
a specific matter for which the licensee lacks sufficient information to render
a professional opinion shall decline to render that opinion unless the required
information is provided.
(3)
A licensee shall not render a written or oral opinion
about the psychological characteristics of an individual without conducting
an examination of the individual unless the opinion contains a statement that
the licensee did not conduct an examination of the individual.
(4)
A written or oral opinion about the psychological
characteristics of an individual rendered by a licensee who did not conduct
an examination of that individual must contain clarification of the extent
to which this limits the reliability and validity of the opinion and the conclusions
and recommendations of the licensee.
(5)
When seeking or receiving court appointment for a
forensic assessment, a licensee specifically avoids accepting both appointment
for evaluation and therapeutic intervention for the same case. A licensee
provides services in one but not both capacities in the same case.
(c)
Describing the Nature of Services. Licensees who interview
or examine an individual for purposes of providing forensic services must
first inform the individual of the specific purpose of the interview or examination,
the party on whose behalf they are performing the services, the use to which
the information gathered will be put and who will have access to the results.
§465.19. Teaching.
(a)
Education & Training Programs.
(1)
Licensees participating in education and training programs
work only in programs that are competently designed, provide the proper experiences
and meet the requirements for licensure, certification, or other goals for
which claims are made by the program.
(2)
Licensees responsible for education and training
programs provide current and accurate description of the program content,
training goals and objectives, and requirements that must be met for satisfactory
completion of the programs.
(3)
Licensees provide course outlines that accurately
describe the subject matter to be covered, bases for evaluating progress and
the nature of course experiences.
(4)
Licensees providing documentation of education or
trainee experiences of applicants for licensure provide accurate and complete
information.
(b)
Relationships with students and trainees.
(1)
Licensees who engage in teaching or training recognize
the power they hold over students or trainees.
(2)
Licensees do not engage in conduct that exploits
or demeans students or trainees.
(3)
Licensees establish an appropriate process for providing
feedback to students and trainees.
(4)
Licensees do not permit students or trainees to provide
services that they are not competent to perform.
(5)
Licensees evaluate students and trainees on the basis
of their actual performance on relevant and established program requirements.
(6)
Licensees do not engage in sexual relationships with
students or trainees.
§465.20. Research.
(a)
Conducting Research.
(1)
Licensees who conduct research involving human research
participants must obtain informed consent which includes risks, discomfort,
adverse effects, limitations on confidentiality including anticipated sharing
or use of personally identifiable research data and of the possibility of
unanticipated future uses, as well as any aspects about which the prospective
participants inquire.
(2)
Licensees shall conduct all research involving animals
in a humane manner which minimizes the discomfort, infection, illness and
pain of animal subjects. A procedure subjecting animals to pain, stress or
privation is used only when an alternative procedure is unavailable and the
goal is justified by its prospective scientific, education or applied value.
(b)
Research results.
(1)
Psychologists do not fabricate data or falsify results
in their publications.
(2)
Licensees who discover significant errors in their
published data take all reasonable steps to correct such errors.
(3)
Licensees do not present substantial portions or
elements of another individual's research work or data as their own.
(4)
Licensees take responsibility and credit, including
authorship credit, only for work they have actually performed or to which
they have contributed.
§465.21. Termination of Services.
(a)
Licensees do not abandon patients or clients.
(b)
Withdrawal from a professional relationship in compliance
with Board rules to avoid a prohibited dual relationship is not abandonment
of a patient or client.
(c)
Licensees terminate a professional relationship when it
becomes reasonably clear that the patient or client no longer needs the service,
is not benefiting or is being harmed by continued service.
(d)
Prior to termination of a professional relationship for
any reason, the licensee takes all reasonable steps to facilitate transfer
of responsibility for the patient or client to a qualified service provider
if necessary to prevent physical or emotional harm and, if not precluded by
the patient or client's conduct, provides appropriate pre-termination counseling
and referrals.
(e)
Licensees who are required to interrupt services of a
professional relationship for any reason shall make arrangements for provision
of any services to all patients or clients required during the interruption.
(f)
Termination of employment with agencies or organizations.
(1)
When entering into employment or contractual relationships,
licensees provide for orderly and appropriate resolution of responsibility
for patient or client care in the event that the employment or contractual
relationship ends, with paramount consideration given to the welfare of the
patient or client.
(2)
Licensees who are employed by an organization or
agency to provide psychological services must, upon termination of that employment,
work with the employer to facilitate access to records of all services provided
by the licensee to patients or clients as otherwise required by Board rules
and applicable law.
(3)
Licensees who are employed by an organization or
agency to provide psychological services must, upon termination of that employment,
work with the employer to facilitate transfer of clients or patients who are
continuing to receive services from the agency or organization to another
qualified service provider.
§465.22. Psychological Records, Test Data & Test Protocols.
(a)
General Requirements.
(1)
All licensees shall create and maintain accurate, current,
and pertinent records of all psychological services rendered by or under the
supervision of the licensee.
(2)
All records shall be sufficient to permit planning
for continuity in the event that another care provider takes over delivery
of services to a patient or client for any reason, including the death, disability
or retirement of the licensee and to permit adequate regulatory and administrative
review of the psychological service.
(3)
All licensees shall identify impressions and tentative
conclusions as such in patient or client records.
(4)
All records and record entries shall be created in
as timely a manner as possible after the delivery of the specific services
being recorded.
(5)
Records, test data and test protocol shall be maintained
and stored in a way that permits review and duplication.
(6)
Licensees working in public school settings shall
comply with all federal and state legislation and regulations relative to
the content, maintenance, control, access, retention and destruction of psychological
and educational records, test data and test protocols.
(b)
Maintenance and Control of Records and Test Data.
(1)
Licensees shall maintain records, test data and in a manner
that protects the confidentiality of all services delivered by the licensee.
(2)
Licensees are responsible for the maintenance, confidentiality
and contents of, and access to, all records and test data.
(3)
Licensees shall make all reasonable efforts to protect
against the misuse of any record or test data.
(4)
Licensees shall maintain control over records and
test data to the extent necessary to ensure compliance with all applicable
Board rules and all state and federal laws.
(5)
In situations where it becomes impossible for a licensee
to maintain control over records and test data as required by applicable Board
rule and state and federal law, the licensee shall make all necessary arrangements
for transfer of the licensee's records to another licensee who will ensure
compliance with all applicable Board rules and state and federal laws concerning
records.
(6)
Records and test data of psychological services rendered
by a licensee as an employee of an agency or organization remain the property
of the employing agency upon termination of the employment of the individual
unless legal ownership of such records is controlled by applicable state or
federal law or legal agreement.
(c)
Access to Records and Test Data.
(1)
Records shall be entered, organized and maintained in
a manner that facilitates their use by all authorized persons.
(2)
Records may be maintained in any media that ensure
confidentiality and durability.
(3)
A licensee shall release information about a patient
or client only upon written authorization by the patient, client or appropriate
legal guardian pursuant to a proper court order or as required by applicable
state or federal law.
(4)
A licensee may impose a reasonable fee for review
and/or reproduction of records provided that the licensee shall not withhold
records because of an outstanding balance owed by a client, patient or other
recipient of services.
(5)
Test data are not part of a patient's or client's
record. Test data are not subject to subpoena. Test data shall be made available
only to another qualified mental health professional and only upon receipt
of written release from the patient or client for purposes of continuity of
care or pursuant to a court order.
(6)
Licensees cooperate in the continuity of care of
patients and clients by providing appropriate information to succeeding qualified
service providers as permitted by applicable Board rule and state and federal
law.
(7)
Licensees who are temporarily or permanently unable
to practice psychology shall implement a system that enables their records
to be accessed in compliance with applicable Board rules and state and federal
law.
(d)
Retention of Records and Test Data.
(1)
Licensees shall comply with all applicable laws, rules
and regulations concerning record retention.
(2)
In the absence of applicable state and federal rules,
records and test data shall be maintained for a minimum of ten years after
the last contact with the client. If the client is a minor, the record period
is extended until ten years after the age of majority.
(3)
All records shall be maintained in a manner which
permits timely retrieval and production.
(e)
Outdated Records.
(1)
Licensees take reasonable steps when disclosing records
to note information that is of an outdated nature.
(2)
Disposal of records shall be done in an appropriate
manner that ensures confidentiality of the record in compliance with applicable
Board rule and state and federal law.
§465.25. Testing.
Conducting or administering testing that requires the use of education,
training, knowledge or skills in psychology constitutes the practice of psychology.
§465.26. Biofeedback.
The provision of biofeedback constitutes the practice of psychology.
A technician who operates biofeedback equipment and does not provide services
that involve the use of education, training, skill or knowledge in psychology
is not engaged in the practice of psychology.
§465.29. Hypnosis for Health Care Purposes and Hypnotherapy.
The practice of hypnosis and hypnotherapy for health care purposes
constitute the practice of psychology.
§465.32. Disposition & Assumption of the Practice of a Mental Health Professional.
(a)
In General.
(1)
A licensee has the right to sell or otherwise dispose
of his or her practice to another licensed psychologist.
(2)
A licensee has the right to assume the practice of
a licensee.
(3)
Arrangements regarding accounts receivable and other
financial and tangible assets and liabilities of the practice being transferred
must be resolved by the selling and assuming licensees prior to the transfer
of any patient or client records.
(4)
A licensee shall arrange for the transfer of his
or her practice in compliance with this section upon the death or disability
of the licensee and with all other applicable Board rules and state and federal
law.
(5)
A non-licensee administrator or executor of a licensee's
estate should be encouraged to dispose of the licensee's practice in accordance
with this section.
(b)
Notice and Referral of Patients and Clients.
(1)
A licensee who intends to sell, retire, or otherwise dispose
of a practice must make reasonable effort to notify current and former patients
or clients that on a given date the practice is being sold and that patient
or client records will be transferred to the referent unless the patient or
client provides the name of an alternative mental health care provider to
receive the records. This notice must provide a reasonable time to the patients
and clients to make suitable responses and arrangements.
(2)
A licensee who assumes the practice of another mental
health service provider may state his or her willingness to provide services
to all patients or clients the licensee is competent to treat.
(3)
A licensee who assumes a practice must provide an
appropriate referral to a qualified mental health services provider to any
patient or client who notifies the licensee that they do not want to receive
services from the licensee or to a patient or client to whom the licensee
declines to offer services.
(4)
If the patient or client accepts a referral, the
referring licensee must forward the patient or client's records on to that
mental health professional.
§465.33. Improper Sexual Conduct.
(a)
"Sexual Harassment" includes solicitation, physical advances,
or verbal or nonverbal conduct consisting of a single intense or severe act
or of multiple persistent or pervasive acts by a licensee toward another individual
that are sexual in nature and occur in connection with licensee's professional
activities and that are unwelcome, offensive, or create a hostile workplace
environment for that individual.
(b)
"Sexual Impropriety" is deliberate or repeated comments,
gestures, or physical acts of a sexual nature that include, but are not limited
to:
(1)
Behavior, gestures, or expressions which may reasonably
be interpreted as inappropriately seductive or sexually demeaning;
(2)
Making inappropriate comments about an individual's
body;
(3)
Making sexually demeaning comments to an individual;
(4)
Making comments about an individual's potential sexual
performance, except when the examination or consultation is pertinent to the
issue of sexual function or dysfunction in therapy/counseling;
(5)
Requesting details of a patient or client's sexual
history when not clinically indicated for the type of consultation;
(6)
Requesting a date;
(7)
Initiating conversation regarding the sexual problems,
preferences, or fantasies of either party; or
(8)
Kissing of a sexual nature.
(c)
A sexual relationship is the engaging in any conduct that
is sexual or may be reasonably interpreted as sexual in nature including,
but not limited to:
(1)
Sexual intercourse;
(2)
Genital contact;
(3)
Oral to genital contact;
(4)
Genital to anal contact;
(5)
Oral to anal contact;
(6)
Touching breasts or genitals;
(7)
Encouraging another to masturbate in one's presence.
(8)
Masturbation in another's presence; or
(9)
Exposure of sexual organs, breast or buttocks for
sexual gratification of either party.
(d)
A licensee may not engage in sexual harassment, sexual
impropriety, or a sexual relationship with a current patient or client, a
former patient or client over whom the licensee has influence due to a therapeutic
relationship, a student or a supervisee over whom the licensee has administrative
or clinical responsibility.
§465.34. Providing Mental Health Services to Those Served by Others.
Licensees do not knowingly provide psychological services to clients
receiving mental health services elsewhere without first discussing consequent
treatment issues with the clients. Licensees shall consult with the other
service providers after appropriate consent has been obtained.
§465.35. Resolution of Allegations of Board Rule Violations.
(a)
When a licensee believes that there may have been an ethical
or Board rule violation by another licensee that does not involve harm or
potential harm to any member of the public, the licensee may attempt to resolve
the issue by bringing it to the attention of that individual if informal resolution
would not violate any confidentiality rights that may be involved. Licensees
shall report any unresolved rule violations to the Board.
(b)
A licensee must report a violation of the rules by a licensee
that appears to involve harm or the potential for harm to any individual or
a violation of a state or federal law.
(c)
A licensee must cooperate with any investigation conducted
by the Board.
§465.36. Ethics Code.
(a)
Preamble. Licensees work to develop a valid and reliable
body of scientific knowledge based on research. They may apply that knowledge
to human behavior in a variety of contexts. In doing so, they perform many
roles, such as researcher, educator, diagnostician, therapist, supervisor,
consultant, administrator, social interventionist, and expert witness. Their
goal is to broaden knowledge of behavior and, where appropriate, to apply
it pragmatically to improve the condition of both the individual and society.
Licensees respect the central importance of freedom of inquiry and expression
in research, teaching, and publication. They also strive to help the public
in developing informed judgments and choices concerning human behavior. This
Ethics Code provides a common set of values upon which licensees build their
professional and scientific work.
(b)
Purpose. This Code is intended to provide both the general
principles and the decision rules to cover most situations encountered by
licensees. It has as its primary goal the welfare and protection of the individuals
and groups with whom licensees work. It is the individual responsibility of
each psychologist to aspire to the highest possible standards of conduct.
Licensees respect and protect human and civil rights and do not knowingly
participate in or condone unfair discriminatory practices.
(c)
Responsibility. The development of a dynamic set of ethical
standards for a licensee's work-related conduct requires a personal commitment
to a lifelong effort to act ethically; to encourage ethical behavior by students,
supervisees, employees and colleagues, as appropriate; and to consult with
others, as needed, concerning ethical problems. Each licensee supplements,
but does not violate, the Board's rules on the basis of guidance drawn from
personal values, culture and experience.
(d)
General Principles.
(1)
Competence. Licensees strive to maintain high standards
of competence in their work. They recognize the boundaries of their particular
competencies and the limitations of their expertise. They provide only those
services and use only those techniques for which they are qualified by education,
training or experience. Licensees are cognizant of the fact that the competencies
required in serving, teaching and/or studying groups of people vary with the
distinctive characteristics of those groups. In those areas in which recognized
professional standards do not yet exist, licensees exercise careful judgment
and take appropriate precautions to protect the welfare of those with whom
they work. They maintain knowledge of relevant scientific and professional
information related to the services they render, and they recognize the need
for ongoing education. Licensees make appropriate use of scientific, professional,
technical, and administrative resources.
(2)
Integrity. Licensees seek to promote integrity in
the science, teaching and practice of psychology. In these activities licensees
are hones, fair and respectful of others. In describing or reporting their
qualifications, services, products, fees, research or teaching, they do not
make statements that are false, misleading or deceptive. Licensees strive
to be aware of their own belief systems, values, needs and limitations and
the effect of these on their work. To the extent feasible, they attempt to
clarify for relevant parties the roles they are performing and to function
appropriately in accordance with those roles. Licensees avoid improper and
potentially harmful dual relationships.
(3)
Professional and Scientific Responsibility. Licensees
uphold professional standards of conduct clarify their professional roles
and obligations, accept appropriate responsibility for their behavior, and
adapt their methods to the needs of different populations. Licensees consult
with, refer to, or cooperate with other professionals and institutions to
the extent needed to serve the best interests of their patients, clients,
or other recipients of their services. Licensees' moral standards and conduct
are personal matters to the same degree as is true for any other person, except
as licensees' conduct may compromise their professional responsibilities or
reduce the public's trust in psychology and licensees. Licensees are concerned
about the ethical compliance of their colleagues' scientific and professional
conduct. When appropriate, they consult with colleagues in order to prevent
or avoid unethical conduct.
(4)
Respect for People's Rights and Dignity. Licensees
accord appropriate respect to the fundamental rights, dignity, and worth of
all people. They respect the rights of individuals to privacy, confidentiality,
self-determination, and autonomy, mindful that legal and other obligations
may lead to inconsistency and conflict with the exercise of these rights.
Licensees are aware of cultural, individual, and role differences, including
those due to age, gender, race, ethnicity, language and socioeconomic status.
Licensees try to eliminate the effect on their work of biases based on those
factors, and they do not knowingly participate in or condone unfair discriminatory
practices.
(5)
Concern for Others' Welfare. Licensees seek to contribute
to the welfare of those with whom they interact professionally. In their professional
actions, licensees weigh the welfare and rights of their patients or clients,
students, supervisees, human research participants, and other affected persons,
and the welfare of animal subjects of research. When conflicts occur among
licensees' obligations or concerns, they attempt to resolve these conflicts
and to perform their roles in a responsible fashion that avoid or minimizes
harm. Licensees are sensitive to real and ascribed differences in power between
themselves and others, and they do not exploit or mislead other people during
or after professional relationships.
(6)
Social Responsibility. Licensees are aware of their
professional and scientific responsibility to the community and the society
in which they work and live. They apply and make public their knowledge of
psychology in order to contribute to human welfare. Licensees are concerned
about and work to mitigate the causes of human suffering. When undertaking
research, they strive to advance human welfare and the science of psychology.
Licensees try to avoid misuse of their work. Licensees comply with the law
and encourage the development of law and social policy that serve the interests
of their patients and clients and the public. They are encouraged to contribute
a portion of their professional time for little or no personal advantage.
§465.37. Compliance With All Applicable Laws.
Licensees comply with all applicable state and federal laws affecting
the Practice of psychology including, but not limited to:
(1)
Texas Health & Safety Code, Chapter 611, Mental Health
Record;
(2)
Texas Family Code
(A)
Chapter 32, Consent to Medical, Dental, Psychological
& Surgical Treatment,
(B)
Chapter 153, Rights to Parents & Other Conservators
to Consent to Treatment & Access to Child's Records, and
(C)
Chapter 261, Duty to Report Child Abuse & Neglect;
(3)
Texas Human Resource Code, Chapter 48, Duty
to Report Elder Abuse & Neglect;
(4)
Texas Civil Practice & Remedy Code, Chapter 81,
Duty to Report Sexual Exploitation of a Patient by a Mental Health Services
Provider; and
(5)
Texas Insurance Code as it relates to submission
of billing and third-party payments for mental health services provided by
a licensee.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900046
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7700
22 TAC §§465.3, 465.27, 465.30
The Texas State Board of Examiners of Psychologists proposes
amendments to §§465.3, 465.27, and 465.30, concerning Rules of Practice.
The amendments are being proposed in order to reorganize and clarify the rules
of the Board.
Sherry L. Lee, Executive Director, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Ms. Lee also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to make the rules easier for licensees and the general
public to follow and understand. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the rules as proposed.
Comments on the proposals may be submitted by March 8, 1999, to Janice
C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe,
Suite 2-450, Austin, Texas 78701, (512) 305-7700.
The amendments are proposed under Texas Civil Statutes, Article
4512c, which provide the Texas State Board of Examiners of Psychologists with
the authority to make all rules, not inconsistent with the Constitution and
laws of this State, which are reasonably necessary for the proper performance
of its duties and regulations of proceedings before it.
The proposed amendments do not affect other statutes, articles, or codes.
§465.3. Providers of Psychological Services.
(a)
Psychologists shall employ or utilize an individual to
provide psychological services, in any setting not specifically exempt under
§22(a) of the
Psychologists' Licensing
Act
(the Act)
, only if:
(1)
The individual is licensed by this Board; or
(2)
The individual is specifically exempted from licensure
requirements by §22(b) of the Act, relating to provision of services
as part of a supervised course of study by students, residents or interns
pursuing a course of study in a recognized training institution or facility;
or,
(3)
The individual is engaged in post-doctoral supervision
for purposes of satisfying §21(a)(2) of the Act; or
(4)
The individual is completing supervised experience
for purposes of satisfying §26(b)(3) of the Act, relating to Licensed
Specialist in School Psychology.
(b)
Unlicensed individuals providing psychological services
pursuant to §22(b), §21(a)(2), or §26(b)(3) of the Act must
be under the direct supervision of
an authorized supervising licensee
[
(c)
An individual may not provide psychological services under
a license from this Board and services or activities under another professional
license simultaneously. Patients and clients who receive services and activities
provided by an individual who holds more than one professional license must
be informed of the license under which the services and activities are being
provided.
§465.27. Projective Techniques.
Projective techniques are the practice of psychology. These techniques
include, but are not limited to, Rorschach, Thematic Apperception
Test
§465.30. Marriage & Family Counseling and Therapy.
The practice of psychology includes, but is not limited to, marriage
and family
counseling and
therapy.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 6, 1999.
TRD-9900047
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: February 21, 1999
For further information, please call: (512) 305-7701
on a form prescribed by
] the Board before the date of the expiration of the license and by
complying with all license renewal requirements
, which includes payment
of annual renewal fee each year
[
other than the continuing education
requirements
].
Chapter 382.
Radiologic Technologists
physically present on
the premises
].
Part XXI.
Texas State Board of Examiners of Psychologists
Exam ] Failures and Passing Scores .
Chapter 465.
Rules of Practice
a licensed psychologist
] at all times. All patients or
clients who receive psychological services from an unlicensed individual under
such
[
the
] supervision [
of a licensed psychologist
]
must be clearly informed of the supervisory status of the individual and how
the patient or client may contact the supervising
licensee
[
licensed psychologist
] directly.
[Text]
,
Roberts Apperception Test,
Sentence Completion
tests and Holtzman Ink Blot.
Chapter 473.
Fees.