Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 35 - TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS › Chapter 801 - LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS › Subchapter B - RULES OF PRACTICE › Section 801.44 - Relationships with Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  must provide marriage and family therapy professional services only in the
				  context of a professional relationship.
(b) A licensee must make known in writing to
				  a prospective client the important aspects of the professional relationship,
				  including the licensee's status as an LMFT or LMFT Associate, any probationary
				  status or other restrictions placed on the licensee by the council, office
				  procedures, after-hours coverage, fees, and arrangements for payment (which
				  might affect the client's decision to enter into the relationship).
(c) A licensee must obtain an appropriate
				  consent for treatment before providing professional services. A licensee must
				  make reasonable efforts to determine whether the conservatorship, guardianship,
				  or parental rights of the client have been modified by a court. Before the
				  commencement of therapy services to a minor client who is named in a custody
				  agreement or court order, a licensee must obtain and review a current copy of
				  the custody agreement or court order in a suit affecting the parent-child
				  relationship. A licensee must maintain these documents in the client's record.
				  When federal or state statutes provide an exemption to secure consent of a
				  parent or guardian before providing services to a minor, such as in Texas
				  Family Code, Chapter 32 (relating to Consent to Treatment of Child by
				  Non-Parent or Child), a licensee must follow the protocol set forth in such
				  federal or state statutes.
(d) A
				  licensee must make known in writing to a prospective client the confidential
				  nature of the client's disclosures and the clinical record, including the legal
				  limitations of the confidentiality of the mental health record and
				  information.
(e) No commission or
				  rebate or any other form of remuneration may be given or received by a licensee
				  for the referral of clients for professional services. A licensee employed or
				  under contract with a chemical dependency facility or a mental health facility
				  must comply with the requirements in Texas Health and Safety Code, §
										164.006
				  (relating to Soliciting and Contracting with Certain Referral Sources).
				  Compliance with Texas Health and Safety Code, Chapter 164 (relating to
				  Treatment Facilities Marketing and Admission Practices) is not considered a
				  violation of state law regarding illegal remuneration.
(f) A licensee may not exploit the licensee's
				  position of trust with a client or former client.
(g) A licensee may not engage in activities
				  that seek to meet the licensee's personal needs instead of the needs of the
				  client.
(h) A licensee may not
				  provide marriage and family therapy services to family members, personal
				  friends, educational associates, business associates, or others whose welfare
				  might be jeopardized by such a dual relationship.
(i) A licensee must set and maintain
				  professional boundaries with clients and former clients.
(j) A licensee may disclose confidential
				  information to medical or law enforcement personnel if the licensee determines
				  there is a probability of imminent physical injury by the client to the client
				  or others or there is a probability of immediate mental or emotional injury to
				  the client.
(k) In group therapy
				  settings, the licensee must take reasonable precautions to protect individuals
				  from physical or emotional trauma resulting from interaction within the
				  group.
(l) A licensee must make a
				  reasonable effort to avoid non-therapeutic relationships with clients or former
				  clients. A non-therapeutic relationship is an activity begun by either the
				  licensee, the client, or former client for the purposes of establishing a
				  social, business, or other relationship not related to therapy. A licensee must
				  ensure the welfare of the client or former client if a non-therapeutic
				  relationship arises.
(m) A licensee
				  may not bill clients or third parties for services not actually rendered or as
				  agreed to in writing.
(n) A
				  licensee must end a professional relationship when it is reasonably clear the
				  client is not benefiting from it. Upon ending a professional relationship, if
				  the client still requires mental health services, the licensee must make
				  reasonable efforts to provide a written referral to clients for appropriate
				  services and to facilitate the transfer to appropriate care.
(o) A licensee who engages in
				  technology-assisted services must provide the client with the licensee's
				  license number and information on how to contact the council by telephone,
				  electronic communication, or mail. The licensee must comply with all other
				  provisions of this chapter.
(p) A
				  licensee may not offer services that are beyond the licensee's professional
				  competency, and the services provided must be within accepted professional
				  standards of practice and appropriate to the needs of the client. In emerging
				  areas in which generally recognized standards for preparatory training do not
				  exist, licensees must take reasonable steps to ensure the competence of their
				  work and to protect clients, research participants, and other affected
				  individuals from the potential for harm.
(q) A licensee must base all services on an
				  assessment, evaluation, or diagnosis of the client.
(r) A licensee must evaluate a client's
				  progress on a continuing basis to guide service delivery and must make use of
				  supervision and consultation as indicated by the client's needs.
(s) A licensee may not knowingly offer or
				  provide professional services to an individual concurrently receiving
				  professional services from another mental health services provider except with
				  that provider's knowledge. If a licensee learns of such concurrent professional
				  services, the licensee must take immediate and reasonable action to inform the
				  other mental health services provider.
(t) A licensee may not aid or abet the
				  unlicensed practice of marriage and family therapy services by a person
				  required to be licensed under the Act. A licensee must report to the council
				  knowledge of any unlicensed practice.
(u) A licensee may not enter into a
				  non-professional relationship with a client's family member or any person
				  having a personal or professional relationship with a client, if the licensee
				  knows or reasonably should have known such a relationship could be detrimental
				  to the client.
(v) A licensee must
				  refrain from providing services when they know or should know that their
				  physical or mental health or lack of objectivity are likely to impair their
				  competency or harm a client or other person with whom they have a professional
				  relationship.