Current through Reg. 50, No. 13; March 28, 2025
(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).
