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 801.48 - Record Keeping, Confidentiality, Release of Records, and Required Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Communication between a licensee and
				  client and the client's records, however created or stored, are confidential
				  under the provisions of the Texas Health and Safety Code, Chapter 611 (relating
				  to Mental Health Records), and other state or federal statutes or rules where
				  such statutes or rules apply to a licensee's practice.
(b) A licensee may not disclose any
				  communication, record, or identity of a client except as provided in Texas
				  Health and Safety Code, Chapter 611 (relating to Mental Health Records), or
				  other state or federal statutes or rules.
(c) A licensee must comply with Texas Health
				  and Safety Code, Chapters 181 (relating to Medical Records Privacy) and 611
				  (relating to Mental Health Records), and other state or federal statutes or
				  rules where such statutes or rules apply to a licensee's practice, concerning
				  access to and release of mental health records and confidential
				  information.
(d) A licensee must
				  report or release information as required by the following statutes:
(1) Texas Family Code, Chapter 261 (relating
				  to Investigation of Report of Child Abuse or Neglect);
(2) Texas Human Resources Code, Chapter 48
				  (relating to Investigations and Protective Services for Elderly Persons and
				  Persons with Disabilities);
(3)
				  Texas Health and Safety Code, Chapter 161, Subchapter L (relating to Abuse,
				  Neglect, and Unprofessional or Unethical Conduct in Healthcare Facilities);
				  and
(4) Texas Civil Practice and
				  Remedies Code, §
											81.006
				  (relating to Duty to Report Sexual Exploitation by a Mental Health Services
				  Provider).
(A) If a licensee has reasonable
				  cause to suspect that a client has been the victim of a sexual exploitation,
				  sexual contact, or therapeutic deception by another licensee or a mental health
				  services provider during therapy or any other course of treatment, or if a
				  client alleges sexual exploitation, sexual contact, or therapeutic deception by
				  another licensee or mental health services provider (during therapy or any
				  other course of treatment), the licensee must report alleged misconduct not
				  later than the 30th day after the date the licensee became aware of the
				  misconduct or the allegations to:
(i) the
				  district attorney in the county in which the alleged sexual exploitation,
				  sexual contact, or therapeutic deception occurred;
(ii) the council if the misconduct involves a
				  licensee; and
(iii) any other state
				  licensing agency which licenses the mental health services provider.
(B) Before making a report under
				  this subsection, the reporter must inform the alleged victim of the reporter's
				  duty to report and must determine if the alleged victim wants to remain
				  anonymous.
(C) A report under this
				  subsection is required to contain only the information needed to:
(i) identify the reporter;
(ii) identify the alleged victim, unless the
				  alleged victim has requested anonymity;
(iii) express suspicion that sexual
				  exploitation, sexual contact, or therapeutic deception occurred; and
(iv) provide the name of the alleged
				  perpetrator.