Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 882 - APPLICATIONS AND LICENSING › Subchapter B - LICENSE › Section 882.23 - License Required to Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not
				  engage in or represent that the person is engaged in the practice of marriage
				  and family therapy, professional counseling, psychology, or social work within
				  this state, unless the person is licensed or otherwise authorized to practice
				  by law.
(b) A person is engaged in
				  the practice of marriage and family therapy within this state if any of the
				  criteria set out in §
										502.002(6)
				  of the Occupations Code occurs while a client is located in this
				  state.
(c) A person is engaged in
				  the practice of professional counseling within this state if any of the
				  criteria set out in §
										503.003(a)
				  of the Occupations Code occurs while a client is located in this
				  state.
(d) A person is engaged in
				  the practice of psychology within this state if any of the criteria set out in
				  §
										501.003(b)
				  of the Occupations Code occurs while a client is located in this
				  state.
(e) A person is engaged in
				  the practice of social work within this state if any of the criteria set out in
				  §
										505.0025 of the
				  Occupations Code occurs while a client is located in this state.
(f) In accordance with §
										113.002 of the
				  Occupations Code, a licensee of the Executive Council may provide a mental
				  health service, that is within the scope of the license, through the use of a
				  telehealth service to a client who is located outside of this state, subject to
				  any applicable regulation of the jurisdiction in which that client is located.
				  Such conduct does not constitute the practice of marriage and family therapy,
				  professional counseling, psychology, or social work in this state.
(g) For the purposes of this rule, the term
				  "client" means:
(1) a recipient of marriage
				  and family therapy, professional counseling, psychology, or social work
				  services within the context of a professional relationship, including a child,
				  adolescent, adult, couple, family, group, organization, community, or other
				  populations, or other entities receiving services;
(2) an individual or entity requesting the
				  services (e.g., an employer, a state, tribal, or federal court, an attorney
				  acting on behalf of his or her client, an office or agency within local, state,
				  or federal government), the recipient of those services (e.g., the subject of
				  an evaluation, assessment, or interview), and an individual or entity
				  interviewed, examined, or evaluated for the purpose of those services (e.g. a
				  collateral witness or collateral sources of information);
(3) an organization such as a business,
				  charitable, or governmental entity that receives services directed primarily to
				  the organization, rather than to individuals associated with the
				  organization;
(4) minors and wards
				  in guardianships, as well as their legal guardians; and
(5) any related term for the recipient of
				  services, such as a patient, evaluee, examinee, interviewee, participant, or
				  any other similar term.