Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.11 - Informed Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) Except in an
				inpatient setting where a general consent has been signed, licensees must
				obtain and document in writing 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 reasonably 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 the licensee may be called on to perform
				potentially conflicting roles (such as marital 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 Council rules and applicable state
				and federal law. Further, licensees who encounter personal problems or
				conflicts as described in §
									465.9(j)
				of this title (relating to Competency) that will prevent them from performing
				their work-related activities in a competent and timely manner must inform
				their clients of the personal problem or conflict and discuss appropriate
				termination and referral to insure that the services are completed in a timely
				manner.
(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 the
				licensee 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).