Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 21 - TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGIST › Chapter 465 - RULES OF PRACTICE › Section 465.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms have the following meanings:
(1) "Adoption evaluation" has the same
				meaning as assigned by §
									107.151 of the Family
				Code.
(2) "Child custody
				evaluation" has the same meaning as assigned by §
									107.101 of the Family
				Code.
(3) "Client" means a party
				other than a patient seeking or obtaining psychological services, as defined in
				§
									501.003
				of the Occupations Code, for a third-party with the goal of assisting or caring
				for that third-party or answering a referral question through the use of
				forensic psychological services.
(4) "Dual Relationship" means a situation
				where a licensee and another individual have both a professional relationship
				and a non-professional relationship. Dual relationships include, but are not
				limited to, personal friendships, business or financial interactions, mutual
				club or social group activities, family or marital ties, or sexual
				relationships.
(5) "Forensic
				evaluation" is an evaluation conducted, not for the purpose of providing mental
				health treatment, but rather at the request of a court, a federal, state, or
				local governmental entity, an attorney, or an administrative body including
				federal and private disability benefits providers to assist in addressing a
				forensic referral question.
(6)
				"Forensic psychological services" are services involving courts, legal claims,
				or the legal system. The provision of forensic psychological services includes
				any and all preliminary and exploratory services, testing, assessments,
				evaluations, interviews, examinations, depositions, oral or written reports,
				live or recorded testimony, or any psychological service provided by a licensee
				concerning a current or potential legal case at the request of a party or
				potential party, an attorney for a party, or a court, or any other individual
				or entity, regardless of whether the licensee ultimately provides a report or
				testimony that is utilized in a legal proceeding. However, forensic
				psychological services do not include evaluations, proceedings, or hearings
				under the Individuals with Disabilities Education Improvement Act
				(IDEIA).
(7) "Informed Consent"
				means the written documented consent of the patient, client and other
				recipients of psychological services only after the patient, client or other
				recipient has been made aware of the purpose and nature of the services to be
				provided, including but not limited to: the specific goals of the services; the
				procedures to be utilized to deliver the services; possible side effects of the
				services, if applicable; alternate choices to the services, if applicable; the
				possible duration of the services; the confidentiality of and relevant limits
				thereto; all financial policies, including the cost and methods of payment; and
				any provisions for cancellation of and payments for missed appointments; and
				right of access of the patient, client or other recipient to the records of the
				services.
(8) "Licensee" means a
				licensed psychologist, provisionally licensed psychologist, licensed
				psychological associate, licensed specialist in school psychology, applicants,
				and any other individual subject to the regulatory authority of the
				Council.
(9) "Patient" means a
				person who receives psychological services, as defined in §
									501.003
				of the Occupations Code, regardless of whether the patient or a third-party
				pays for the services. The term "patient" shall include a client if the client
				is a person listed in §
									611.004(a)(4)
				or (5) of the Health and Safety Code who is
				acting on a patient's behalf. A person who is the subject of a forensic
				evaluation is not considered to be a patient under these rules.
(10) "Private school" has the same meaning as
				assigned by §
									5.001 of the Texas
				Education Code, but does not include a parent or legal guardian who chooses to
				homeschool a child.
(11)
				"Professional relationship" means a fiduciary relationship between a licensee
				and a patient or client involving communications and records deemed
				confidential under §
									611.002
				of the Health and Safety Code. A professional relationship also exists where
				licensees are appointed by a court or other governmental body to answer a
				referral question through the use of forensic psychological services.
(12) "Provision of psychological services"
				means any use by a licensee of education or training in psychology in the
				context of a professional relationship. Psychological services include, but are
				not limited to, therapy, diagnosis, testing, assessments, evaluation,
				treatment, counseling, supervision, consultation, providing forensic opinions,
				rendering a professional opinion, or performing research, or teaching to an
				individual, group, or organization.
(13) "Public school" means any state agency,
				regional education service center, diploma program, school district, or charter
				school established or authorized under Title 2 of the Texas Education Code and
				supported in whole or in part by state tax funds.
(14) "Recognized member of the clergy," as
				used in §
									501.004(a)(4)
				of the Occupations Code, means a member in good standing of and accountable to
				a denomination, church, sect or religious organization recognized under the
				Internal Revenue Code, §501(c)(3).
(15) "Records" are any information,
				regardless of the format in which it is maintained, that can be used to
				document the delivery, progress or results of any psychological services
				including, but not limited to, data identifying a recipient of services, dates
				of services, types of services, informed consents, fees and fee schedules,
				assessments, treatment plans, consultations, session notes, reports, release
				forms obtained from a client or patient or any other individual or entity, and
				records concerning a patient or client obtained by the licensee from other
				sources.
(16) "Report" includes any
				written or oral assessment, recommendation, psychological diagnostic or
				evaluative statement containing the professional judgment or opinion of a
				licensee.
(17) "Supervision" refers
				to direct, systematic professional oversight of individuals who provide
				psychological services under the authority of a supervising licensee, whereby
				the supervisor has the responsibility and ability to monitor and control the
				psychological services provided to ensure the patient's or client's best
				interests are met and that the public is protected. In the context of
				psychological training and education, "supervision" also refers to the formal
				provision of systematic education and training for purposes of licensure or
				competency that serves to assist individuals with gaining experience and
				developing the skills necessary for licensure or competent practice in a
				particular practice area. However, the term "supervision" does not apply to the
				supervision of purely administrative or employment matters.
(18) "Test data" refers to a patient's
				specific answers to test materials, whether spoken or written, generated in
				drawings, or recorded by computers or other lab devices.
(19) "Test materials" refers to test
				booklets, forms, manuals, instruments, protocols, software, as well as test
				questions, and stimuli protected by federal copyright law and used in
				psychological testing to generate test results and test reports.