reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.12 - Application and Renewal Processing Times

Current through Reg. 49, No. 28; July 12, 2024
(a) Application processing.
(1) The following periods of time shall apply
				from the date of receipt of an application for a license or renewal of a
				license until the date of issuance of a written notice that the application is
				complete and accepted for filing or that the application is deficient and
				additional specific information is required. The time periods are as follows:
(A) issuance of license or renewal for a
				license--30 calendar days; or
(B)
				letter of application or renewal deficiency--30 calendar days.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.13 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Submission of the petition.
(1) Any person
				may petition the board to adopt a rule.
(2) The petition shall be in writing; shall
				state the petitioner's name, address, and phone number; and shall contain the
				following:
(A) a brief explanation of and
				justification for the proposed rule;
(B) the text of the proposed rule prepared in
				a manner to indicate the words to be added or deleted from the current text, if
				any;
(C) a statement of the
				statutory or other authority under which the rule is to be promulgated;
				and
(D) the public benefit
				anticipated as a result of adopting the rule or the anticipated injury or
				inequity which could result from the failure to adopt the proposed
				rule.
(3) The board is
				not required to consider a petition which does not contain the information
				described in paragraph (2) of this subsection.
(4) The petition shall be mailed or delivered
				to the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.14 - Code of Ethics

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				shall not intentionally or knowingly offer to pay or agree to accept any
				remuneration directly or indirectly, overtly or covertly, in cash or in kind,
				to or from any person, firm, association of persons, partnership, or
				corporation for securing or soliciting patients or patronage. The provisions of
				the Health and Safety Code, § 161.091 relating to the prohibition of
				illegal remuneration apply to medical physicists.
(b) A licensee shall maintain confidentiality
				of medical records in accordance with the Medical Practice Act, Texas
				Occupations Code, Chapter 152, and other state or federal statutes or rules
				where such statutes or rules apply to a licensed medical physicist.
(c) A licensee shall not misrepresent any
				professional qualifications or associations.
(d) A licensee shall not knowingly
				misrepresent services or attributes of any health care agency, facility, or
				organization.
(e) A licensee shall
				not make misleading, deceptive, or false claims about the efficacy of any
				medical physicist's services or allow a client to hold exaggerated ideas about
				the efficacy of the services.
(f) A
				licensee shall not use illegal drugs of any kind or promote, encourage, or
				concur in the illegal use or possession of alcohol or drugs.
(g) A licensee shall not use alcohol or any
				drug in any manner that adversely affects his or her practice of medical
				physics.
(h) A licensee shall
				report alleged violations of the Act or this chapter to the board's executive
				secretary.
(i) A licensee shall not
				make any presentation or use any advertisement or announcement of services that
				contains information that is false, misleading, or deceptive.
(j) A licensee shall not claim or advertise
				expertise in a specialty area or practice in an area of specialty unless the
				medical physicist holds a license in that specialty.
(k) A licensee shall not direct, aid, or abet
				the practice of any other person in violation of the Act.
(l) A licensee shall not make any false
				statements regarding his or her provision of services as a medical
				physicist.
(m) A licensee shall
				make a reasonable attempt to notify each contractor, employer or client of the
				name, mailing address, and telephone number of the board for the purpose of
				directing complaints to the board by providing notification:
(1) on each written contract for services of
				a licensee; or
(2) on a sign
				prominently displayed in the primary place of business of each licensee;
				or
(3) in a bill for service
				provided by a licensee to a contractor, employer, client, or third
				party.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.15 - Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				section establishes guidelines and criteria on the eligibility of a person with
				a criminal background to obtain licensure as a medical physicist.
(b) Criminal convictions which directly
				relate to the profession of medical physics shall be considered as follows.
(1) The board may suspend or revoke any
				existing license, disqualify a person from receiving any license, reprimand a
				licensee, or place a licensee on probation because of a person's conviction of
				a felony or misdemeanor if the crime:
(A)
				directly relates to the duties and responsibilities of a licensed medical
				physicist; or
(B) involves moral
				turpitude.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.16 - Violations, Complaints, and Subsequent Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Content. This section establishes
				standards relating to:
(1) offenses which are
				a Class A misdemeanor under the Act;
(2) violations which result in disciplinary
				actions;
(3) procedures for filing
				complaints alleging violations of the Act or this chapter;
(4) the board's investigation of complaints;
				and
(5) the board's actions when
				violations have occurred.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.17 - Surrender of License

Current through Reg. 49, No. 28; July 12, 2024
(a) Surrender by
				licensee.
(1) A licensee may at any time
				voluntarily offer to surrender his or her license for any reason.
(2) Return of the license may be by delivery
				by any means to the office of the board, return receipt requested.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.18 - Formal Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
General. Formal hearings will be governed by the contested
				  case provisions of the Administrative Procedure Act (APA), Texas Government
				  Code, Chapter 2001, and will be conducted by the State Office of Administrative
				  Hearings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.19 - Suspension of License for Failure to Pay Child Support or Non-Compliance with Child Custody Order

Current through Reg. 49, No. 28; July 12, 2024
(a) On receipt of a
				final court or attorney general's order suspending a license due to failure to
				pay child support or failure to comply with a court order relating to child
				custody, the executive secretary shall immediately determine if the board has
				issued a license to the obligor named on the order, and, if a license has been
				issued:
(1) record the suspension of the
				license in the board's records;
(2)
				report the suspension as appropriate; and
(3) demand surrender of the suspended
				license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.20 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Content. This section establishes the
				continuing education requirements that a licensed medical physicist must
				complete biennially to maintain licensure. These requirements are intended to
				maintain and improve the quality of professional services in medical physics
				provided to the public, to keep the licensed medical physicist knowledgeable of
				current research, techniques, and practice, and to provide other resources
				which will improve skill and competence in the practice of medical
				physics.
(b) General. Continuing
				education requirements for license renewal shall be fulfilled biennially on or
				before the expiration of the license.
(c) Hour requirements for continuing
				education. A licensee must complete 24 contact hours of continuing education
				acceptable to the board.
(1) A contact hour
				shall be defined as 50 minutes of attendance and participation.
(2) A licensed medical physicist must
				complete acceptable continuing education as identified in subsection (d) of
				this section.
(3) A licensed
				medical physicist shall be presumed to have complied with this section if in
				the preceding 24 months the licensee becomes board certified or recertified by
				the American Board of Radiology (ABR), American Board of Medical Physics
				(ABMP), American Board of Science in Nuclear Medicine (ABSNM), or American
				Board of Health Physics (ABHP).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.21 - Medical Physics Specialties and Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) Content. Recognizing that assessing the
				degree of radiation safety is a complex task of balancing radiation risk with
				optimizing the benefit of the procedure to the patient, rules are provided that
				identify certain specific activities or tests as the practice of medical
				physics. The purpose of the Act and the rules is to ensure the radiation safety
				of the citizens of Texas by restricting the practice of medical physics to
				qualified medical physicists.
(b)
				Role of the service engineers. Service engineers, when installing or
				maintaining medical equipment, conduct tests or perform activities that are
				similar or identical to tests or activities identified in these rules. Such
				tests and activities do not constitute the practice of medical physics provided
				that:
(1) neither the service engineer nor
				his employer represents that the outcome of the test or activity or the intent
				of performing the test or activity ensures the radiation safety of the use of
				the medical equipment for either the user, the patient, or a member of the
				public; and
(2) neither the service
				engineer nor his employer concludes that the medical equipment is
				radiologically safe, effective or suitable for use on humans based on the tests
				or activities performed by the service engineer; and
(3) neither the service engineer nor his
				employer certifies that the medical equipment is radiologically safe and
				consequently compliant with any state or federal regulation for the control of
				radiation; and
(4) the test or
				activity performed by the service engineer is required to install, maintain or
				repair the medical equipment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.22 - Provisional Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) A provisional
				license may be issued to a person who is currently licensed or certified in
				another jurisdiction and who:
(1) has been
				licensed or certified in good standing as a practitioner of medical or
				radiological physics for at least two years in another jurisdiction, including
				a foreign county, that has licensing or certification requirements
				substantially equivalent to the requirements of the Act;
(2) has passed a national or other
				examination recognized by the board relating to the practice of medical or
				radiological physics; and
(3) is
				sponsored by a person licensed as a medical physicist in Texas with whom the
				provisional license holder will practice under this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.23 - Request for Criminal History Evaluation Letter

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Texas Occupations
				Code, §
									53.102,
				a person may request the board to issue a criminal history evaluation letter
				regarding the person's eligibility for a license if the person:
(1) is enrolled or planning to enroll in an
				educational program that prepares a person for an initial license or is
				planning to take an examination for an initial license; and
(2) has reason to believe that the person is
				ineligible for the license due to a conviction for a felony or misdemeanor
				offense.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.24 - Licensing of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				sets out licensing procedures for military service members, military veterans,
				and military spouses required under Occupations Code, Chapter 55 (relating to
				Licensing of Military Service Members, Military Veterans, and Military
				Spouses). For purposes of this section:
(1)
				"Military service member" means a person who is currently serving in the armed
				forces of the United States, in a reserve component of the armed forces of the
				United States, including the National Guard, or in the state military service
				of any state.
(2) "Military spouse"
				means a person who is married to a military service member who is currently on
				active duty.
(3) "Military veteran"
				means a person who has served in the army, navy, air force, marine corps, or
				coast guard of the United States, or in an auxiliary service of one of those
				branches of the armed forces.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 28 - EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS › Chapter 651 - FEES › Section 651.1 - Occupational Therapy Board Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Application Regular License.
(1) Occupational
				Therapist--$140.
(2) Occupational
				Therapy Assistant--$100.
(3)
				Application to retake the exam, OT--$25.
(4) Application to retake the exam,
				OTA--$25.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 28 - EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS › Chapter 651 - FEES › Section 651.2 - Physical Therapy Board Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Application/Permanent License.
(1)
				PT--$190.
(2) PTA--$125.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 28 - EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS › Chapter 651 - FEES › Section 651.3 - Administrative Services Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Verification/Transfer of Licensure--$50.
(b) Duplicate/Replacement
				License--$30.
(c) Reinstatement of
				Suspended or Revoked License--$50.
(d) Insufficient Funds Check
				Fee--$25.
(e) ACH Return
				Fee--$25.
(f) Preliminary Criminal
				History Evaluation Letter--$50.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to implement the provisions
					 of Texas Occupations Code, Chapter 503 (the Licensed Professional Counselor
					 Act, or the Act), concerning the licensing and regulation of professional
					 counselors.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.3 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The board will
				  hold at least two regular meetings and additional meetings as necessary during
				  each fiscal year.
(b) The chair may
				  call meetings after consultation with board members or by a majority of members
				  voting at a regular meeting.
(c)
				  Meetings will be announced and conducted under the provisions of the Texas Open
				  Meetings Act, Texas Government Code, Chapter 551.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.4 - Transaction of Official Business

Current through Reg. 49, No. 28; July 12, 2024
The board will transact official business only when in a
					 legally constituted meeting with a quorum present.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.5 - Agendas

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to each
				  meeting the executive director or designee will prepare and submit an agenda to
				  each member of the board which includes items requested by members, items
				  required by law, and other matters of board business which have been approved
				  for discussion by the chair.
(b)
				  The official agenda of a meeting will be filed with the Texas Secretary of
				  State as required by law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.7 - Elections

Current through Reg. 49, No. 28; July 12, 2024
(a) At the meeting
				  held nearest to August 31 of each year, the board will elect a
				  vice-chair.
(b) A vacancy which
				  occurs in the office of vice-chair may be filled at any regular
				  meeting.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.8 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The chair will
				  preside at all meetings at which he or she is in attendance and perform all
				  duties prescribed by law or this chapter.
(b) The chair is authorized by the board to
				  make day-to-day decisions regarding board activities in order to facilitate the
				  responsiveness and effectiveness of the board.
(c) The vice-chair will perform the duties of
				  the chair in case of the absence or disability of the chair.
(d) In case the office of the chair becomes
				  vacant, the vice-chair will serve until a successor is appointed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.9 - Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The board or
				  the chair may establish committees deemed necessary to fulfill board
				  responsibilities.
(b) The chair may
				  appoint members of the board to serve on committees and will designate a chair
				  for each committee.
(c) Only
				  members of the board may be appointed to a board committee.
(d) Committee chairs will preside at all
				  committee meetings and will make regular reports to the board.
(e) Committees may direct all reports or
				  other materials to the executive director or designee for
				  distribution.
(f) Committees will
				  meet when called by the committee chair or when so directed by the
				  board.
(g) Each committee will
				  consist of at least one public member and one professional member, unless the
				  board chair or vice chair authorizes otherwise.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter A - GENERAL PROVISIONS › Section 681.11 - Reimbursement for Expenses

Current through Reg. 49, No. 28; July 12, 2024
A board member is entitled to receive travel reimbursement
					 as provided by the Texas General Appropriations Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.35 - Informed Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) Regardless of
				  setting, a licensee must provide counseling only in the context of a
				  professional relationship. Prior to providing services, a licensee must obtain
				  from an individual a signed informed consent, signed written receipt of
				  information, or in the case of involuntary treatment a copy of the appropriate
				  court order, including the following:
(1) fees
				  and arrangements for payment;
(2)
				  counseling purposes, goals, and techniques;
(3) any restrictions placed on the license by
				  the Council;
(4) the limits on
				  confidentiality;
(5) any intent of
				  the licensee to use another individual to provide counseling treatment
				  intervention to the client;
(6)
				  supervision of the licensee by another licensed health care professional
				  including the name, address, contact information and qualifications of the
				  supervisor;
(7) the name, address
				  and telephone number of the Council for the purpose of reporting violations of
				  the Act or this chapter; and
(8)
				  the established plan for the custody and control of the client's mental health
				  records in the event of the licensee's death or incapacity, or the termination
				  of the licensee's counseling practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.36 - Client Records

Current through Reg. 49, No. 28; July 12, 2024
(a) For each client,
				  a licensee must keep accurate records of:
(1)
				  signed informed consent, signed written receipt of information, or, in the case
				  of involuntary treatment, a copy of the appropriate court order;
(2) intake assessment;
(3) dates of counseling treatment
				  intervention;
(4) principal
				  treatment methods;
(5) progress
				  notes;
(6) treatment plan;
				  and
(7) billing
				  information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.37 - Billing and Financial Arrangements

Current through Reg. 49, No. 28; July 12, 2024
(a) Billing Requirements.
(1) A licensee must bill clients or third
				  parties for only those services actually rendered or as agreed to by mutual
				  understanding at the beginning of services or as later modified by mutual
				  written agreement.
(2)
				  Relationships between a licensee and any other person used by the licensee to
				  provide services to a client must be so reflected on billing
				  documents.
(3) Upon the written
				  request of a client, a client's guardian, or a client's parent (sole managing,
				  joint managing or possessory conservator) if the client is a minor, a licensee
				  must provide, in plain language, a written explanation of the types of
				  treatment and charges for counseling treatment intervention previously made on
				  a bill or statement for the client. This requirement applies even if the
				  charges are to be paid by a third party.
(4) A licensee may not knowingly overcharge a
				  client.
(5) A licensee may not
				  submit to a client or a third party payor a bill for counseling treatment
				  intervention the licensee knows or should know is improper, unreasonable, or
				  unnecessary. However, nothing in this rule should be construed to prevent a
				  licensee from submitting a bill for an unkept appointment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.38 - Conflicts, Boundaries, Dual Relationships, and Termination of Relationships

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  licensee must not engage in activities for the licensee's personal gain at the
				  expense of a client.
(b) A licensee
				  may promote the licensee's personal or business activities to a client if such
				  activities, services or products are to facilitate the counseling process or
				  help achieve the client's counseling goals. Prior to engaging in any such
				  activities, services or product sales with the client, the licensee must first
				  inform the client of the licensee's personal and/or business interest therein.
				  A licensee must not exert undue influence in promoting such activities,
				  services or products.
(c) A
				  licensee must set and maintain professional boundaries.
(d) Except as provided by this subchapter,
				  non-therapeutic relationships with clients are prohibited.
(1) A non-therapeutic relationship is any
				  non-counseling activity initiated by either the licensee or client that results
				  in a relationship unrelated to therapy.
(2) A licensee may not engage in a
				  non-therapeutic relationship with a client if the relationship begins less than
				  two (2) years after the end of the counseling relationship.
(3) A licensee may not engage in a romantic
				  relationship or sexual contact with a client within five (5) years after the
				  end of the counseling relationship.
(4) For purposes of paragraphs (2) and (3) of
				  this subsection, the licensee must be able to demonstrate the relationship was
				  consensual, not the result of exploitation by or on the part of the licensee,
				  and that the non-therapeutic relationship is not detrimental to the client in
				  light of all relevant factors, including, but not limited to, the factors set
				  forth in §681.42(b)(4)(A) - (G) of this title (relating to Sexual
				  Misconduct).
(5) The licensee must
				  not provide counseling services to previous or current:
(A) family members;
(B) personal friends;
(C) educational associates; or
(D) business associates.
(6) The licensee must not give or accept a
				  gift from a client or a relative of a client valued at more than $50, borrow or
				  lend money or items of value to clients or relatives of clients, or accept
				  payment in the form of goods or services rendered by a client or relative of a
				  client.
(7) The licensee must 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.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.41 - General Ethical Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				  must not make any false, misleading, deceptive, fraudulent or exaggerated claim
				  or statement about the licensee's services, including, but not limited to:
(1) the effectiveness of services;
(2) the licensee's qualifications,
				  capabilities, background, training, experience, education, professional
				  affiliations, fees, products, or publications; or
(3) the practice or field of
				  counseling.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.42 - Sexual Misconduct

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purpose of this section, the following terms have the following meanings.
(1) "Mental health provider" means a licensee
				  or any other licensed mental health professional, including a licensed social
				  worker, a chemical dependency counselor, a licensed marriage and family
				  therapist, a physician, a psychologist, or a member of the clergy. Mental
				  health provider also includes employees of these individuals or employees of a
				  treatment facility.
(2) Sexual
				  contact means:
(A) deviate sexual intercourse
				  as defined by the Texas Penal Code, §
												21.01;
(B) sexual contact as defined by the Texas
				  Penal Code, §
												21.01;
(C) sexual intercourse as defined by the
				  Texas Penal Code, §
												21.01; or
(D) requests or offers by a licensee for
				  conduct described by subparagraph (A), (B), or (C) of this paragraph.
(3) "Sexual
				  exploitation" means a pattern, practice, or scheme of conduct, including sexual
				  contact, that can reasonably be construed as being for the purposes of sexual
				  arousal gratification or sexual abuse of any person. The term does not include
				  obtaining information about a client's sexual history within standard accepted
				  practice while treating a sexual or relationship dysfunction.
(4) "Therapeutic deception" means a
				  representation by a licensee that sexual contact with, or sexual exploitation
				  by, the licensee is consistent with, or a part of, a client's or former
				  client's counseling.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.43 - Testing

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to or
				  following the administration of any test, a licensee must make known to clients
				  the purposes and explicit use to be made of the test as a part of a
				  professional counseling relationship.
(b) A licensee must not appropriate,
				  reproduce, or modify copyrighted tests or any parts thereof without the
				  acknowledgment and permission of the copyright owner.
(c) A licensee must not administer any test
				  without the appropriate training and experience to administer and interpret the
				  test.
(d) A licensee must observe
				  the necessary precautions to maintain the security of any test administered by
				  the license or under the licensee's supervision.
(e) In accordance with the
				  §503.003(b)(1) of the Act, the use of standardized projective techniques
				  is prohibited. This prohibition includes, but is not limited to, the Rorschach
				  Inkblot Test, the Holtzman Inkblot Test, the Thematic Apperception Test, the
				  Children's Apperception Test, and the Senior Apperception Test.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.44 - Drug and Alcohol Use

Current through Reg. 49, No. 28; July 12, 2024
A licensee must not use alcohol or drugs in a manner that
					 adversely affects the licensee's ability to provide
					 counseling.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.45 - Confidentiality 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 and other
				  state or federal statutes or rules where such statutes or rules apply to a
				  licensee's practice.
(b) A
				  licensee must not disclose any communication, record, or identity of a client
				  except as provided in Texas Health and Safety Code Chapter 611 or other state
				  or federal statutes or rules.
(c)
				  A licensee must comply with Texas Health and Safety Code, Chapters 181 and 611,
				  concerning access to mental health records and confidential information.
(d) A licensee must report
				  information as required by §882.36 (relating to Compliance with State and
				  Federal Law) and § 884.32(relating to Reportable Legal Action and
				  Discipline) of this title and the following statutes:
(1) Texas Family Code Chapter 261, Subchapter
				  B, concerning report of abuse or neglect of minors;
(2) Texas Human Resources Code Chapter 48,
				  Subchapter B, concerning reports of abuse, neglect, or exploitation of elderly
				  or disabled persons;
(3) Texas
				  Health and Safety Code Chapter 161, Subchapter L, concerning abuse, neglect,
				  and unprofessional or unethical conduct in health care facilities; and
(4) Texas Civil Practice and
				  Remedies Code, §
											81.006,
				  concerning duty to report sexual exploitation by a mental health provider.
(5) A licensee must comply with
				  Texas Occupations Code §
											109.051, relating to
				  the release of treatment information concerning the treatment of a sex
				  offender.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.46 - Licensees and the Council

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Licensees are bound by the provisions of the Act and this chapter as well as
				  the Council's rules and statutes.
(b) A licensee has the responsibility of
				  reporting alleged violations of the Act or this chapter to the
				  Council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.47 - Assumed Names

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  practice by a licensee may be established as a corporation, a limited liability
				  partnership, a limited liability company, or other business entity in
				  accordance with state or federal law.
(b) An assumed or trade name used by a
				  licensee must not be false, deceptive, or misleading as those terms are
				  described in §
										681.49(b)
				  of this title (relating to Advertising and Announcements).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.49 - Advertising and Announcements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Information used by a licensee in any advertisement or announcement must not
				  contain information which is false, inaccurate, misleading, incomplete, out of
				  context, deceptive or not readily verifiable. Advertising includes, but is not
				  limited to, any announcement of services, letterhead, business cards,
				  commercial products, and billing statements.
(b) False, misleading, or deceptive
				  advertising or advertising that is not readily subject to verification includes
				  advertising that:
(1) makes any
				  misrepresentation of fact or omits a fact necessary to make the statement
				  misleading;
(2) makes any
				  representation likely to create an unjustified expectation about the results of
				  a mental health care service or procedure;
(3) compares a mental health care
				  professional's services with another health care professional's services unless
				  the comparison can be factually substantiated;
(4) contains a testimonial that includes
				  false, deceptive, or misleading statements, or fails to include disclaimers or
				  warnings as to the credentials of the person making the testimonial;
(5) causes confusion or misunderstanding as
				  to the credentials, education, or licensure of a mental health care
				  professional;
(6) advertises or
				  represents that health care insurance deductibles or co-payments may be waived
				  or are not applicable to health care services to be provided if the deductibles
				  or co-payments are required;
(7)
				  advertises or represents that the benefits of a health benefit plan will be
				  accepted as full payment when deductibles or co-payments are required;
(8) makes a representation that is
				  designed to take advantage of the fears or emotions of a particularly
				  susceptible type of patient; or
(9) advertises or represents in the use of a
				  professional name a title or professional identification that is expressly or
				  commonly reserved for or used by another profession or professional.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.50 - Research and Publications

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  research with a human participant, a licensee must take reasonable precautions
				  to ensure that the participant does not suffer emotional or physical harm.
(b) A licensee must ensure the
				  full protection of a client's identity when using data obtained from a
				  professional counseling relationship for the purposes of education or research.
(c) When conducting or reporting
				  research, a licensee must give recognition to previous work on the topic as
				  well as observe all copyright laws.
(d) A licensee must give due credit through
				  joint authorship, acknowledgment, footnote statements, or other appropriate
				  means to the person/persons who have contributed significantly to the
				  licensee's research or publication.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.51 - Parenting Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with Texas Family Code, §
										153.601(3),
				  "parenting coordinator" means an impartial third party:
(1) who, regardless of the title by which the
				  person is designated by the court, performs any function described in Texas
				  Family Code, §
											153.606, in a suit; and
(2) who:
(A) is appointed under Texas Family Code,
				  Chapter 153, Subchapter K (relating to Parenting Plan, Parenting Coordinator,
				  and Parenting Facilitator) by the court on its own motion or on a motion or
				  agreement of the parties to assist parties in resolving parenting issues
				  through confidential procedures; and
(B) is not appointed under another statute or
				  a rule of civil procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.52 - Parenting Facilitation

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with Texas House Bill 1012, 81st Legislature, 2009, and Family Code,
				  Chapter 153, this section establishes the practice standards for licensees who
				  desire to serve as parenting facilitators.
(b) In accordance with Texas Family Code,
				  §
										153.601 (3-a), a
				  "parenting facilitator" means an impartial third party:
(1) who, regardless of the title by which the
				  person is designated by the court, performs any function described by Texas
				  Family Code, §
											153.6061, in a suit;
				  and
(2) who:
(A) is appointed under Texas Family Code,
				  Chapter 153, Subchapter K (relating to Parenting Plan, Parenting Coordinator,
				  and Parenting Facilitator) by the court on its own motion or on a motion or
				  agreement of the parties to assist parties in resolving parenting issues
				  through procedures that are not confidential; and
(B) is not appointed under another statute or
				  a rule of civil procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter B - RULES OF PRACTICE › Section 681.53 - Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested Adoptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees
				  must comply with Texas Family Code, Chapter 107, Subchapters D, E, and F
				  concerning Child Custody Evaluation, Adoption Evaluation, and Evaluations in
				  Contested Adoptions.
(b) A
				  licensee who has completed a doctoral degree and at least 10 court-ordered
				  child custody evaluations under the supervision of an individual qualified by
				  Texas Family Code, Chapter 107 to perform child custody evaluations is
				  qualified to conduct child custody evaluations under Texas Family Code, Chapter
				  107. All other licensees must comply with qualifications stipulated in Texas
				  Family Code, Chapter 107.
(c) Any
				  complaint relating to the outcome of a child custody evaluation or adoption
				  evaluation conducted by a licensee must be reported to the court that ordered
				  the evaluation, see Council §884.3.
(d) Disclosure of confidential information in
				  violation of Texas Family Code, §
										107.111 or §
										107.163 is grounds for
				  disciplinary action, up to and including revocation of license, by the Council.
(e) 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,
				  disability claim, or criminal prosecution, must comply with all applicable
				  Council rules regardless of whether the licensee is acting as a factual witness
				  or an expert.
(f) A licensee may
				  not provide therapy and any other type of service, including but not limited to
				  a child custody evaluation or parenting facilitation, in the same case, whether
				  such services are delivered sequentially or simultaneously.
(g) Licensees may not offer an expert opinion
				  or recommendation relating to the conservatorship of or possession of or access
				  to a child unless the licensee has conducted a child custody evaluation
				  relating to the child under Texas Family Code, Subchapter D, Chapter 107.
(h) Licensees providing child
				  custody evaluations or adoption evaluations must, prior to beginning the
				  evaluation, in writing inform the parties of:
(1) the limitations on confidentiality in the
				  evaluation process; and
(2) the
				  basis of fees and costs and the method of payment, including any fees
				  associated with postponement, cancelation and/or nonappearance, and the
				  parties' pro rata share of the fees and costs as determined by the court order
				  or written agreement of the parties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.71 - General Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must submit for review an
				  official complete application with all supporting documentation, all applicable
				  fees, and information required by law to the Council. Complete applications
				  will consist of the required application materials described in Council rules
				  §§882.1 (relating to Application Process), 882.2 (relating to General
				  Application File Requirements), and §
										681.72
				  of this title (relating to Required Application Materials).
(b) To upgrade from LPC Associate status to
				  LPC, an LPC Associate must submit the supervised experience documentation form,
				  proof of passing the jurisprudence exam within six months prior to upgrade, and
				  the applicable fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.72 - Required Application Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for LPC
				  Associate, the applicant must submit:
(1) the
				  Council's application form;
(2) all
				  applicable fees;
(3) official
				  examination results from the National Board of Certified Counselors verifying a
				  passing score on the National Counselor Exam (NCE) or National Clinical Mental
				  Health Counselor Exam (NCMHCE);
(4)
				  completion certificate for the Texas jurisprudence exam dated no more than six
				  months before the date the application was received;
(5) an official graduate
				  transcript(s);
(6) a
				  practicum/graduate intern documentation form;
(7) a supervisory agreement form;
				  and
(8) The holder of a current
				  license in good standing issued by another jurisdiction equivalent to the Texas
				  LPC Associate license must submit official verification of his or her license,
				  including official verification of any supervised experience recognized by the
				  issuing jurisdiction. If supervised experience cannot be verified by the
				  issuing jurisdiction, the Council may consider a supervised experience
				  documentation form with verification of the supervisor's credentials.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 30 - TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS › Chapter 681 - PROFESSIONAL COUNSELORS › Subchapter C - APPLICATION AND LICENSING › Section 681.73 - Application for Art Therapy Specialty Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) A person applying for licensure with an
				  art therapy specialty designation must:
(1)
				  meet the requirements for an LPC license set out in this chapter;
(2) hold either:
(A) a master's or doctoral degree in art
				  therapy that includes 700 hours of supervised practicum from an accredited
				  school; or
(B) all of the
				  following:
(i) a master's degree in a
				  counseling-related field;
(ii) a
				  minimum of 21 semester hours or the equivalent of sequential course work in the
				  history, theory, and practice of art therapy;
(iii) 700 hours of supervised practicum from
				  an accredited school;
(3) have the experience requirements set out
				  in subsection (c) of this section; and
(4) submit documentation of successful
				  completion of the Certification Examination in Art Therapy of the Art Therapy
				  Credentials Board.