Current through Reg. 49, No. 38; September 20, 2024
(a) A licensee shall not discriminate against
any client or other person on the basis of gender, race, religion, age,
national origin, disability, sexual orientation, or economic
condition.
(b) A licensee shall
maintain objectivity, integrity, and the highest standards in providing
services to the client.
(c) A
licensee shall:
(1) in addition to complying
with any other applicable reporting requirements, promptly report to the
department any suspected, alleged, or substantiated incidents of abuse,
neglect, or exploitation committed by oneself or another licensee under this
subchapter;
(2) unless otherwise
prohibited by law, promptly report to the department violations of Texas
Occupations Code, Chapter 504 (relating to Chemical Dependency Counselors), or
rules adopted under the Act, including violations of this subchapter by oneself
or another licensee;
(3) recognize
the limitations of the licensee's ability and shall not offer services outside
the licensee's scope of practice or licensure or use techniques that exceed the
person's license authorization or professional competence; and
(4) make every effort to prevent the practice
of chemical dependency counseling by unqualified or unauthorized
persons.
(d) A licensee
shall not engage in the practice of chemical dependency counseling if impaired
by, intoxicated by, or under the influence of chemicals, including
alcohol.
(e) A licensee shall
uphold the law and refrain from unprofessional and unethical conduct. In so
doing, the licensee shall:
(1) comply with
all applicable laws, regulations, and orders;
(2) not make any claim, directly or by
implication, that the person possesses professional qualifications, licensure,
or affiliations that the person does not possess;
(3) include, as applicable, their current
credentials when signing all professional documents;
(4) not mislead or deceive the public or any
person; and
(5) refrain from any
act that might tend to discredit the license or profession.
(f) A licensee shall:
(1) report information fairly,
professionally, and accurately to clients, other professionals, the department,
and the general public;
(2)
maintain complete, accurate, and appropriate documentation of services
provided;
(3) not submit or cause
or allow to be submitted to a client or third party payer a bill for services
that were not provided or were improper, unreasonable, or medically or
clinically unnecessary, with the exception of a missed appointment for which
notice has been given that a charge will be assessed, and as permitted by law
concerning third party billing; and
(4) provide responsible and objective
training and supervision to interns and subordinates under the LCDC, CCS, or
CTI's supervision. This includes properly documenting supervision and work
experience and providing supervisory documentation needed for
licensure.
(g) In any
publication, a licensee shall give written credit to all persons or works that
have contributed to or directly influenced the publication.
(h) Licensees shall respect a client's
dignity, and shall not engage in, or permit their employees or supervisees to
engage in, any action that may injure the welfare of any client or person to
whom the licensee is providing services. The licensee shall:
(1) make every effort to provide access to
treatment, including advising clients about resources and services, taking into
account the financial constraints of the client;
(2) remain loyal and professionally
responsible to the client at all times, disclose the counselor's ethical code
of standards, and inform the client of the counselor's loyalties and
responsibilities;
(3) not engage in
any activity that could be considered a professional conflict, and shall
immediately remove oneself from such a conflict if one occurs;
(4) terminate any professional relationship
or counseling services that are not beneficial, or are in any way detrimental
to the client;
(5) always act in
the best interest of the client;
(6) not abuse, neglect, or exploit a
client;
(7) not engage in a sexual,
personal, or business relationship with a client or a member of the client's
immediate family (including any client receiving services from the licensee's
employer) for at least two years after the client's services end;
(8) not request a client to divulge
confidential information that is not necessary and appropriate for the services
being provided;
(9) not offer or
provide chemical dependency counseling, supervision, or related services, nor
meet with a client, in settings or locations which are inappropriate, harmful
to the client or others, or which would tend to discredit the profession of
chemical dependency counseling; and
(10) refrain from using any method or
engaging in any conduct that could be considered coercive or degrading to the
client or another, including, without limitation, threats, negative labeling,
or attempts to provoke shame or humiliation.
(i) A licensee shall protect the privacy of
all clients and shall not disclose confidential information without express
written consent, except as permitted by law. The licensee shall remain
knowledgeable of and obey all state and federal laws and regulations relating
to confidentiality of chemical dependency treatment records, and shall:
(1) inform the client, and obtain the
client's consent, before tape-recording the client or allowing another person
to observe or monitor the client;
(2) ensure the security of client
records;
(3) not discuss or divulge
information obtained in clinical or consulting relationships except in
appropriate settings and for professional purposes which clearly relate to the
case, to the extent authorized by law;
(4) avoid invasion of the privacy of the
client;
(5) provide the client
his/her rights regarding confidentiality, in writing, as part of informing the
client in any areas likely to affect the client's confidentiality;
and
(6) ensure the data requested
from other parties is limited to information that is necessary and appropriate
to the services being provided and is accessible only to appropriate
parties.
(j) A licensee
shall inform the client about all relevant and important aspects of the
professional relationship between the client and the licensee, and shall:
(1) in the case of clients who are not their
own consenters, inform the client's parent(s) or legal guardian(s) of
circumstances that might influence the professional relationship;
(2) not enter into a professional
relationship with members of the counselor's family, close friends or
associates, or others whose welfare might be jeopardized in any way by such
relationship;
(3) not establish a
personal relationship with any client (including any individual receiving
services from the licensee's employer) for at least two years after the
client's services end;
(4) neither
engage in any type or form of romantic or sexual behavior with a client
(including any individual receiving services from the licensee's employer) for
at least two years after the client's services end nor accept as a client
anyone with whom they have engaged in romantic or sexual behavior;
and
(5) not exploit relationships
with clients for personal gain.
(k) A licensee shall treat other
professionals with respect, courtesy, and fairness, and shall:
(1) refrain from providing or offering
professional services to a client who is receiving chemical dependency
treatment and/or counseling services from another professional, except with the
knowledge of the other professional and the consent of the client, until
treatment and/or counseling services with the other professional
ends;
(2) cooperate with the
department, professional peer review groups or programs, and professional
ethics committees or associations, and promptly supply all requested or
relevant information, unless prohibited by law; and
(3) ensure that the person's actions in no
way exploit relationships with supervisees, employees, students, research
participants or volunteers.
(l) Prior to providing treatment and/or
counseling or substance abuse services, a licensee shall inform the client of
the licensee's fee schedule and establish financial arrangements with a client.
The counselor shall not:
(1) charge
exorbitant or unreasonable fees for any service;
(2) pay or receive any commission,
consideration, or benefit of any kind related to the referral of a client for
services;
(3) use the client
relationship for the purpose of personal gain, or profit, except for the
normal, usual charge for services provided; or
(4) accept a private professional fee or any
gift or gratuity from a client if the client's services are paid for by another
funding source, or if the client is receiving treatment from a facility where
the licensee provides services (unless all parties agree to the arrangement in
writing).
