reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter E - EXAMINATIONS › Section 463.30 - Examinations Required for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Jurisprudence Examination. All applicants
				  for licensure are required to pass the Jurisprudence Examination prior to the
				  Council granting a license.
(b)
				  School Psychology Examination. Applicants for licensure as a specialist in
				  school psychology shall take the School Psychology Examination administered by
				  the Educational Testing Service before applying for licensure as a specialist
				  in school psychology.
(c)
				  Examination for Professional Practice in Psychology (EPPP). All applicants for
				  licensure as a psychological associate or psychologist are required to pass the
				  EPPP prior to the Council granting a license. An applicant who has taken the
				  EPPP either in the past or in another jurisdiction will not be required to
				  retake the exam provided the applicant's score satisfies the Council's current
				  minimum acceptable score for licensure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter E - EXAMINATIONS › Section 463.31 - Minimum Passing Scores for Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Cut-off Scores for the Examination for
				  Professional Practice in Psychology. The minimum acceptable score for the
				  Examination for Professional Practice in Psychology is 500 for computer based
				  examinations and seventy percent (70%) for paper based versions of the
				  test.
(b) Cut-off Scores for the
				  School Psychology Examination. The minimum acceptable score for the School
				  Psychology Examination is the same as the current cut-off score for the
				  Nationally Certified School Psychologist credential.
(c) Cut-off Scores for the Jurisprudence
				  Examination. The minimum acceptable score for the Jurisprudence Examination for
				  all applicants is ninety percent (90%).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter F - PROFESSIONAL DEVELOPMENT › Section 463.35 - Requirements for Professional Development

Current through Reg. 49, No. 28; July 12, 2024
(a) Minimum Professional Development Hours
				  Required:
(1) A licensee must complete 40
				  hours of professional development during each renewal period that they hold a
				  license. The 40 hours of professional development must include 6 hours in
				  ethics and 6 hours in cultural diversity or competency.
(2) A licensee may carry forward to the next
				  renewal period, a maximum of 10 hours accrued during the current renewal period
				  if those hours are not needed for renewal.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 463 - APPLICATIONS AND EXAMINATIONS › Subchapter G - CRIMINAL HISTORY AND LICENSE ELIGIBILITY › Section 463.40 - Licensing of Persons with Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
The following felonies and misdemeanors directly relate to
					 the duties and responsibilities of a licensee:
(1) offenses listed in Article
				  42A.054
				  of the Code of Criminal Procedure;
(2) a sexually violent offense, as defined by
				  Article
				  62.001 of the Code of
				  Criminal Procedure;
(3) any felony
				  offense wherein the judgment reflects an affirmative finding regarding the use
				  or exhibition of a deadly weapon;
(4) any criminal violation of Chapter 501
				  (Psychologists Licensing Act) of the Occupations Code;
(5) any criminal violation of Chapter 35
				  (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;
(6) any criminal violation involving a
				  federal health care program, including
				  42
				  USC §
											1320a-7b (Criminal penalties for
				  acts involving Federal health care programs);
(7) any offense involving the failure to
				  report abuse or neglect;
(8) any
				  state or federal offense not otherwise listed herein, committed by a licensee
				  while engaged in the practice of psychology;
(9) any criminal violation of §22.041
				  (abandoning or endangering a child) of the Penal Code;
(10) any criminal violation of §21.15
				  (invasive visual recording) of the Penal Code;
(11) any criminal violation of §43.26
				  (possession of child pornography) of the Penal Code;
(12) any criminal violation of §22.04
				  (injury to a child, elderly individual, or disable individual) of the Penal
				  Code;
(13) three or more drug or
				  alcohol related convictions within the last 10 years, evidencing possible
				  addiction that will have an effect on the licensee's ability to provide
				  competent services; and
(14) any
				  attempt, solicitation, or conspiracy to commit an offense listed
				  herein.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.2 - Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) Supervision in
				General. The following rules apply to all supervisory relationships.
(1) Licensee is responsible for the
				supervision of all individuals that the licensee employs or utilizes to provide
				psychological services of any kind.
(2) Licensees shall ensure that their
				supervisees have legal authority to provide psychological services.
(3) Licensees may delegate only those
				responsibilities that supervisees may legally and competently
				perform.
(4) All individuals who
				receive psychological services requiring informed consent from an individual
				under supervision must be informed in writing of the supervisory status of the
				individual and how the patient or client may contact the supervising licensee
				directly.
(5) All materials
				relating to the practice of psychology, upon which the supervisee's name or
				signature appears, must indicate the supervisory status of the supervisee.
				Supervisory status 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).
(6) Licensees
				shall 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, the availability of other qualified
				licensees for consultation, and the type of psychological services being
				provided.
(7) Licensees shall
				utilize methods of supervision that enable the licensee to monitor all
				delegated services for legal, competent, and ethical performance. No more than
				fifty percent of the supervision may take place through remote or electronic
				means. Licensees may exceed fifty percent remote or electronic supervision if
				supervision is provided through synchronous audiovisual means.
(8) Licensees must be competent to perform
				any psychological services being provided under their supervision.
(9) Licensees shall document their
				supervision activities in writing, including any remote or electronic
				supervision provided. Documentation shall include the dates, times, and length
				of supervision.
(10) Licensees may
				only supervise the number of supervisees for which they can provide adequate
				supervision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.4 - Employment of Individuals Not Licensed by the Council

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals Licensed in Another
				Profession. Psychologists may employ or utilize individuals who are licensed
				members of another profession to provide only activities or services permitted
				by the applicable license or licenses held by that individual. In addition, a
				person licensed under Chapter 501 may supervise a licensed member of another
				profession to the extent permissible by the other profession's statute and
				regulations. Any service provided by the licensed member of another profession
				may not be described or represented to the patient or client as psychological
				services, and the individual must be clearly identified to the patient or
				client as a licensee of the applicable profession who is providing services
				pursuant to that individual's own license.
(b) Unlicensed Individuals. Psychologists may
				employ unlicensed individuals only to perform services which do not constitute
				the practice of psychology or the activities and services of another licensed
				profession. Permissible duties include:
(1)
				Secretarial and clerical duties such as scheduling appointments or processing
				insurance forms;
(2) Data
				gathering, such as administering, proctoring, or scoring non-projective tests,
				obtaining histories or obtaining documentation for record keeping purposes,
				provided that it does not require psychological education or involve the
				provision of psychological services; and
(3) Technical, educational, or other duties
				that are adjunctive to and incorporated into the provision of psychological
				services such as providing educational information or assisting a client's work
				with a computer, special equipment or special materials, provided that the
				duties do not require psychological education or involve the provision of
				psychological services or the services or activities of another licensed
				profession.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.6 - Solicitation, Use of Titles, and Business Names

Current through Reg. 49, No. 28; July 12, 2024
(a) Solicitation of Testimonials and/or
				Patients.
(1) Licensees do not solicit
				testimonials from current clients or patients or from other persons who are
				vulnerable to undue influence.
(2)
				Licensees do not engage, directly or through agents, in uninvited in-person
				solicitation of business from actual or potential patients or
				clients.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.8 - Psychological Services Are Provided within a Defined Relationship

Current through Reg. 49, No. 28; July 12, 2024
Licensees provide psychological services only in the context
				  of a defined professional relationship.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.9 - Competency

Current through Reg. 49, No. 28; July 12, 2024
(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 every 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 an appropriate service
				provider.
(i) Emergency Situations.
				In emergencies, when licensees are asked to provide services to individuals for
				whom appropriate mental health services are not available and for which the
				licensee has not obtained the necessary competence, licensees may provide such
				services until the emergency has abated or to the extent necessary to ensure
				that services are not denied. If ongoing services are provided, licensees must
				comply with subsection (d) of this section, as soon as practicable or refer the
				patient to an appropriate service provider.
(j) Licensees refrain from initiating or
				continuing to undertake an activity when they know or should know that there is
				a substantial likelihood that personal problems or conflicts will prevent them
				from performing their work-related activities or producing a psychological
				report in a competent and timely manner. When licensees become aware of such
				conflicts, they must immediately take appropriate measures, such as obtaining
				professional consultation or assistance in order to determine whether they
				should limit, suspend, or terminate the engagement in accordance with §
									465.21 of
				this title (relating to Termination of Services).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.10 - Basis for Scientific and Professional Judgments

Current through Reg. 49, No. 28; July 12, 2024
Licensees rely on scientifically and professionally derived
				  knowledge when making professional judgments.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.12 - Privacy and Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(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 as part of the informed consent process.
(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 and Safety Code and all other state and federal
				law applicable to patient or 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
				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. Licenses shall exclude 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.
(i) Licensees include in
				written and oral reports and consultations, only information germane to the
				purpose for which the communication is made.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.13 - Personal Problems, Conflicts and Dual Relationships

Current through Reg. 49, No. 28; July 12, 2024
(a) In General.
(1) Licensees shall refrain from providing
				services when they know or should know that their personal problems or a lack
				of objectivity are likely 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 shall seek professional
				assistance for any personal problems, including alcohol or substance abuse
				likely to impair their competency.
(3) Licensees shall not exploit persons over
				whom they have supervisory evaluative, or other authority such as students,
				supervisees, employees, research participants, and clients or
				patients.
(4) A licensee shall
				conduct the practice of psychology with the best interest of a patient, client,
				supervisee, student, or research participant in mind.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.14 - Misuse of Licensee Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Licensees decline to offer services when limitations or conditions are placed
				on their work by the patient, client, or third parties which could foreseeably
				cause the licensee to violate a Council 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.15 - Fees and Financial Arrangements

Current through Reg. 49, No. 28; July 12, 2024
(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
				any unpaid fees unless the licensee has provided the affected party with at
				least 30 days written notice, separate and apart from any notice provided as
				part of the informed consent process, 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 reporting
				their services to third-party payers, licensees accurately state the nature,
				date and fees for the services provided.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.16 - Evaluation, Assessment, Testing, and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and Purpose.
(1) Licensees clearly describe the scope and
				purpose of evaluation, assessment, and testing to patients before they provide
				these psychological services.
(2)
				Licensees produce reports that clearly state and accurately reflect the scope
				and purpose of evaluation, assessment, and testing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.17 - Therapy and Counseling

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.18 - Forensic Services

Current through Reg. 49, No. 28; July 12, 2024
(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 divorce, child custody determination, fitness for
				duty evaluation for high risk personnel, disability claim, or risk assessment
				evaluations of employees, must comply with all applicable Council 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) When appointed or designated in writing
				by a court to provide psychological services, a licensee shall obtain and keep
				a copy of the court order.
(5) When
				providing forensic psychological services to a minor who is the subject of a
				court order or the ward of guardianship, a licensee shall obtain and keep a
				copy of the relevant portions of any court order, divorce decree, or letters of
				guardianship authorizing the individual to provide substitute consent on behalf
				of the minor or ward.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.20 - Research

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.21 - Termination of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees
				do not abandon patients or clients.
(b) Withdrawal from a professional
				relationship in compliance with Council 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 Council 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.22 - Psychological Records, Test Data and Test Materials

Current through Reg. 49, No. 28; July 12, 2024
(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 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 laws relative
				to the content, maintenance, control, access, retention and destruction of
				psychological and educational records, test data and test protocols.
(7) Licensees are prohibited from falsifying,
				altering, fabricating, or back-dating records and reports.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.32 - Disposition and Assumption of the Practice of a Mental Health Professional

Current through Reg. 49, No. 28; July 12, 2024
(a) In General.
(1) A licensee has the right to sell or
				otherwise dispose of the licensee's 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.33 - Improper Sexual Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a)
				"Sexual Harassment" means sexual advances, requests for sexual favors, or other
				verbal or physical conduct or contact of a sexual nature that has the purpose
				or effect of creating an intimidating, hostile, or offensive environment and
				that occurs within a professional relationship. The determination of whether
				conduct or comments rise to the level of sexual harassment must be made based
				upon the totality of the circumstances, and from the viewpoint of a reasonable
				person. Sexual harassment does not include simple teasing, offhand comments, or
				isolated incidents that are not serious in nature.
(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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.34 - Providing Mental Health Services to Those Served by Others

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.35 - Duty to Report Rule Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee that becomes aware of another
				licensee violating a state or federal law within the jurisdiction of the
				Council, may attempt to resolve the violation informally with the other
				licensee if the violation does not involve actual or likely harm to an
				individual or the public. Any unresolved violations must be reported to the
				Council.
(b) A licensee that
				becomes aware of another licensee violating a state or federal law within the
				jurisdiction of the Council involving actual or likely harm to an individual or
				the public, must report the violation of the Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.38 - Psychological Services for Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				acknowledges the unique difference in the delivery of school psychological
				services in public and private schools from psychological services in the
				private sector. The Council recognizes the purview of the State Board of
				Education and the Texas Education Agency in safeguarding the rights of school
				children in Texas. The mandated multidisciplinary team decision making,
				hierarchy of supervision, regulatory provisions, and past traditions of school
				psychological service delivery both nationally and in Texas, among other
				factors, allow for rules of practice in public and private schools which
				reflect these occupational distinctions from the private practice of
				psychology.
(b) Scope of Practice.
(1) An LSSP is a person who is trained to
				address psychological and behavioral problems manifested in and associated with
				educational systems by utilizing psychological concepts and methods in programs
				or actions which attempt to improve the learning, adjustment and behavior of
				students. Such activities include, but are not limited to, addressing special
				education eligibility, conducting manifestation determinations, and assisting
				with the development and implementation of individual educational programs,
				conducting behavioral assessments, and designing and implementing behavioral
				interventions and supports.
(2) The
				assessment of emotional or behavioral disturbance, solely for educational
				purposes, using psychological techniques and procedures is considered the
				practice of school psychology.
(3)
				The delivery of school psychological services in the public schools of this
				state shall be consistent with nationally recognized standards for the practice
				of school psychology. Licensees providing school psychological services in a
				private school should comply with those same nationally recognized standards
				where possible, but at a minimum, must comply with all applicable Council
				rules, including those related to informed consent, notification of the right
				to file a complaint, competency, forensic services, and misuse of
				services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 470 - SCHEDULE OF SANCTIONS › Section 470.1 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
The following standard sanctions shall apply to violations
				  of Chapter 501 and 22 TAC Part 21.
Attached
				  Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - GENERAL PROVISIONS › Section 501.52 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in title 22, part
					 22 of the Texas Administrative Code relating to the Texas State Board of Public
					 Accountancy, shall have the following meanings, unless the context clearly
					 indicates otherwise. The masculine shall be construed to include the feminine
					 or neuter and vice versa, and the singular shall be construed to include the
					 plural and vice versa.
(1) "Act" means
				  the Public Accountancy Act, Chapter 901, Occupations Code;
(2) "Advertisement" means a message which is
				  transmitted to persons by, or at the direction of, a person and which has
				  reference to the availability of the person to perform Professional Accounting
				  Services;
(3) "Affiliated entity"
				  means an entity controlling or being controlled by or under common control with
				  another entity, directly or indirectly, through one or more
				  intermediaries;
(4) "Attest
				  Service" means:
(A) an audit or other
				  engagement required by the board to be performed in accordance with the
				  auditing standards adopted by the AICPA, PCAOB, or another national or
				  international accountancy organization recognized by the board;
(B) a review or compilation required by the
				  board to be performed in accordance with standards for accounting and review
				  services adopted by the AICPA or another national or international accountancy
				  organization recognized by the board;
(C) an engagement required by the board to be
				  performed in accordance with standards for attestation engagements adopted by
				  the AICPA or another national or international accountancy organization
				  recognized by the board; or
(D) any
				  other assurance service required by the board to be performed in accordance
				  with professional standards adopted by the AICPA or another national or
				  international accountancy organization recognized by the board;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - GENERAL PROVISIONS › Section 501.53 - Applicability of Rules of Professional Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) All of the rules of professional conduct
				  shall apply to and must be observed by a certificate or registration holder
				  engaged in the client practice of public accountancy.
(b) No certificate or registration holder
				  shall issue, or otherwise be associated with, financial statements that do not
				  conform to the accounting principles described in §
										501.61 of
				  this chapter (relating to Accounting Principles).
(c) The following rules of professional
				  conduct shall apply to and be required to be observed by certificate or
				  registration holders when not employed in the client practice of public
				  accountancy:
(1)
											§
											501.73
				  of this chapter (relating to Integrity and Objectivity);
(2)
											§
											501.74 of
				  this chapter (relating to Competence);
(3)
											§
											501.77 of
				  this chapter (relating to Acting through Others);
(4)
											§
											501.78
				  of this chapter (relating to Withdrawal or Resignation);
(5)
											§
											501.90 of this
				  chapter (relating to Discreditable Acts);
(6)
											§
											501.91 of this
				  chapter (relating to Reportable Events);
(7)
											§
											501.92 of
				  this chapter (relating to Frivolous Complaints);
(8)
											§
											501.93 of
				  this chapter (relating to Responses); and
(9)
											§
											501.94
				  of this chapter (relating to Mandatory Continuing Professional
				  Education).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - GENERAL PROVISIONS › Section 501.55 - Definition of Acronyms

Current through Reg. 49, No. 28; July 12, 2024
The following acronyms, when used in Title 22, Part 22 of
					 the Texas Administrative Code relating to the Texas State Board of Public
					 Accountancy, shall have the following meanings:
(1) "AICPA" means the American Institute of
				  Certified Public Accountants;
(2)
				  "CPA" means Certified Public Accountant;
(3) "CPE" means continuing professional
				  education;
(4) "FASB" means the
				  Financial Accounting Standards Board;
(5) "GAAP" means Generally Accepted
				  Accounting Principles;
(6) "GAAS"
				  means Generally Accepted Auditing Standards;
(7) "GAGAS" means Government Auditing
				  Standards;
(8) "GASB" means the
				  Governmental Accounting Standards Board;
(9) "IASB" means the International Accounting
				  Standards Board;
(10) "IESB" means
				  the International Ethics Standards Board;
(11) "IFRB" means International Financial
				  Reporting Bulletins;
(12) "IFRS"
				  means International Financial Reporting Standards;
(13) "IRS" means the Internal Revenue
				  Service;
(14) "NASBA" means the
				  National Association of State Boards of Accountancy;
(15) "NPRC" means the National Peer Review
				  Committee;
(16) "PCAOB" means the
				  Public Company Accounting Oversight Board;
(17) "SAS" means Statements on Auditing
				  Standards;
(18) "SEC" means the
				  United States Securities and Exchange Commission;
(19) "SOAH" means the State Office of
				  Administrative Hearings;
(20)
				  "SSAE" means Statements on Standards for Attestation Engagements;
(21) "SSARS" means Statements on Standards
				  for Accounting and Review Services;
(22) "SSCS" means Statements on Standards for
				  Consulting Services;
(23) "SSTS"
				  means Statements on Standards for Tax Services;
(24) "TXCPA" means the Texas Society of
				  Certified Public Accountants;
(25)
				  "UAA" means the Uniform Accountancy Act;
(26) "UCPAE" means the Uniform Certified
				  Public Accountant Examination;
(27)
				  "U.S. GAO" means the United States Government Accountability Office;
				  and
(28) "U.S. IQAB" means the
				  United States International Qualifications Appraisal Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - PROFESSIONAL STANDARDS › Section 501.60 - Auditing Standards

Current through Reg. 49, No. 28; July 12, 2024
A person shall not permit his name to be associated with
					 financial statements in such a manner as to imply that he is acting as an
					 auditor with respect to such financial statements, unless he has complied with
					 GAAS. Each of the following are considered to be sources of GAAS:
(1) SAS issued by the AICPA;
(2) auditing standards included in Standards
				  for Audit of Government Organizations, Programs, Activities and Functions
				  issued by the U.S. GAO;
(3)
				  auditing and related professional practice standards to be used by registered
				  public accounting firms issued by the PCAOB; as well as,
(4) other pronouncements having similar
				  generally recognized authority.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - PROFESSIONAL STANDARDS › Section 501.61 - Accounting Principles

Current through Reg. 49, No. 28; July 12, 2024
A person, whether or not practicing under a practice
					 privilege as provided for in §
										901.462
					 of the Act (relating to Practice by Out-of-State Practitioner With
					 Substantially Equivalent Qualifications), shall not issue a report asserting
					 that financial statements are presented in conformity with GAAP if such
					 financial statements contain any departure from such accounting principles
					 which has a material effect on the financial statements taken as a whole,
					 unless the person, whether or not practicing under a practice privilege as
					 provided for in § 901.462 of the Act can demonstrate that by reason of
					 unusual circumstances the financial statement(s) would otherwise be misleading.
					 The report must describe the departure, the approximate effects thereof, if
					 practicable, and the reasons why compliance with GAAP would result in a
					 misleading statement. For purposes of this section, GAAP is considered to be
					 defined by pronouncements issued by FASB and its predecessor entities and
					 similar pronouncements issued by other entities having similar generally
					 recognized authority.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - PROFESSIONAL STANDARDS › Section 501.62 - Other Professional Standards

Current through Reg. 49, No. 28; July 12, 2024
A person in the performance of consulting services,
					 accounting and review services, any other attest service, financial advisory
					 services, or tax services shall conform to the professional standards
					 applicable to such services. For purposes of this section, such professional
					 standards are considered to be interpreted by:
(1) AICPA issued standards, including but not
				  limited to:
(A) Statements on Standards on
				  Consulting Services (SSCS);
(B)
				  Statements on Standards for Accounting and Review Services (SSARS);
(C) Statements on Standards for Attestation
				  Engagements (SSAE);
(D) Statements
				  on Standards for Tax Services (SSTS);
(E) Statements on Standards for Financial
				  Planning Services (SSFPS);
(F)
				  Statements on Standards for Valuation Services (SSVS); or
(G) Statements on Standards for Forensic
				  Services (SSFS).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter B - PROFESSIONAL STANDARDS › Section 501.63 - Reporting Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  in the client practice of public accountancy must comply with SSARS or another
				  similar standard of a national or international accountancy organization
				  recognized by the board when transmitting a client's financial statements to
				  the client or a third party.
(b) A
				  licensee not employed in the client practice of public accountancy may prepare
				  his employer's financial statements and may issue non-attest transmittals or
				  information regarding non-attest transmittals without a firm license, provided
				  those transmittals do not purport to be in compliance with SSARS or any other
				  similar standard of a national or international accountancy organization
				  recognized by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - RESPONSIBILITIES TO CLIENTS › Section 501.70 - Independence

Current through Reg. 49, No. 28; July 12, 2024
A person in the performance of professional accounting
					 services or professional accounting work, including those who are not members
					 of the AICPA, shall conform in fact and in appearance to the independence
					 standards established by the AICPA and the board, and, where applicable, the
					 SEC, the U.S. GAO, the PCAOB and other national or international regulatory or
					 professional standard setting bodies.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 501 - RULES OF PROFESSIONAL CONDUCT › Subchapter C - RESPONSIBILITIES TO CLIENTS › Section 501.71 - Receipt of Commission, Compensation or Other Benefit

Current through Reg. 49, No. 28; July 12, 2024
(a) A person shall not for a commission,
				  compensation or other benefit recommend or refer to a client any product or
				  service or refer any product or service to be supplied to a client, or receive
				  a commission, compensation or other benefit when the person also performs
				  services for that client requiring independence under §
										501.70 of
				  this chapter (relating to Independence).
(b) This prohibition applies during the
				  period in which the person is engaged to perform any of the services requiring
				  independence and during the period covered by any of the historical financial
				  statements involved in such services requiring independence.
(c) A person who receives, expects or agrees
				  to receive, pays, expects or agrees to pay, other compensation in exchange for
				  services or products recommended, referred, or sold by him shall, no later than
				  the making of such recommendation, referral, or sale, disclose to the client in
				  writing the nature, source, and amount, or an estimate of the amount when the
				  amount is not known, of all such other compensation.
(d) This section does not apply to payments
				  received from the sale of all, or a material part, of an accounting practice,
				  or to retirement payments.