Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008 Page: 1,734
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payments for missed appointments; and right of access of the patient,
client or other recipient to the records of the services.
(5) "Licensee" means a licensed psychologist, provision-
ally licensed psychologist, licensed psychological associate, licensed
specialist in school psychology, applicants to the Board, and any other
individual whom the Board has the authority to discipline under these
Rules.
(6) "Multiple Relationship" means any relationship be-
tween a licensee and another individual involving a professional
relationship and more than one non-professional relationship.
(7) "Patient" means a person who consults or is interviewed
by a licensee for a diagnosis, evaluation, or treatment of any mental or
emotional condition or disorder of that person regardless of whether
the patient or some other individual or entity paid for the consultation
or interview.
(8) "Professional relationship" is any relationship between
a licensee and another individual, group or organization in which the
licensee delivers psychological services to the individual, group, or or-
ganization.
(9) "Professional standards" are determined by the Board
through its rules, regulations, policies and any other sources adopted
by the Board.
(10) "Provision of psychological services" means any use
by a licensee of his or her education or training in psychology in the
context of a professional relationship. Psychological services include,
but are not limited to, therapy, diagnosis, testing, assessments, evalua-
tion, treatment, counseling, supervision, consultation, providing foren-
sic opinions, rendering a professional opinion, performing research, or
teaching to an individual, group, or organization.
(11) "Recognized member of the clergy," as used in [Sec-
tion] 501.004(a)(4) of the Act, means a member in good standing of
and accountable to a denomination, church, sect or religious organi-
zation legally recognized under the Internal Revenue Code, [Section]
501(c)(3).
(12) "Records" are any information, regardless of the for-
mat in which it is maintained, that can be used to document the delivery,
progress or results of any psychological services including, but not lim-
ited 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, test results, reports, re-
lease forms obtained from a client or patient or any other individual
or entity, and records concerning a patient or client obtained by the li-
censee from other sources.
(13) "Report" includes any written or oral assessment, rec-
ommendation, psychological diagnostic or evaluative statement con-
taining the professional judgment or opinion of a licensee.
(14) "Test data" refers to testing materials, test booklets,
test forms, test protocols and answer sheets used in psychological test-
ing to generate test results and test reports.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on February 14,
2008.
TRD-200800910Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: March 30, 2008
For further information, please call: (512) 305-7706
22 TAC 465.3
The Texas State Board of Examiners of Psychologists proposes
amendments to 465.3, Providers of Psychological Services.
The amendments are being proposed to clarify the requirements
for contracting for psychological services in exempt settings.
Sherry L. Lee, Executive Director, has determined that for the
first five-year period the amendments will be in effect there will
be no fiscal implications for state or local government as a result
of enforcing or administering the proposed amendments.
Ms. Lee also has determined that for each year of the first five
years the rule is in effect the public benefit anticipated as a result
of enforcing the rule will be to help the Board protect the public.
There will be no effect on small businesses. There is no antici-
pated economic cost to persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Brenda
Skiff, Texas State Board of Examiners of Psychologists, 333
Guadalupe, Suite 2-450, Austin, TX 78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code,
Title 3, Subtitle I, Chapter 501, which provides the Texas State
Board of Examiners of Psychologists with the authority to make
all rules, not inconsistent with the Constitution and Laws of this
State, which are reasonably necessary for the proper perfor-
mance of its duties and regulations of proceedings before it.
No other code, articles or statutes are affected by this section.
465.3. Providers of Psychological Services.
(a) Psychologists shall employ or utilize an individual to pro-
vide psychological services, in any setting not specifically exempt un-
der 501.004(a)(1) of the Psychologists' Licensing Act (the Act), only
if:
(1) The individual is licensed by this Board; or
(2) The individual is specifically exempted from licensure
requirements by 501.004(a)(2) of the Act, relating to provision of ser-
vices as part of a supervised course of study by students, residents or
interns pursuing a course of study in a recognized training institution
or facility; or,
(3) The individual is engaged in post-doctoral supervision
for purposes of satisfying 501.252(b)(2) of the Act; or
(4) The individual is completing supervised experience for
purposes of satisfying 501.260(b)(3) of the Act, relating to Licensed
Specialist in School Psychology; or
(5) The individual is completing supervised experience for
purposes of satisfying the requirements to become a licensed profes-
sional listed in 501.004(b) of the Act.
(b) Unlicensed individuals providing psychological services
pursuant to 501.004(a)(2), []501.252(b)(2), or []501.260(b)(3) of
the Act must be under the direct supervision of an authorized supervis-
ing licensee at all times. All patients or clients who receive psycho-
logical services from an unlicensed individual under such supervision33 TexReg 1734 February 29, 2008
Texas Register
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Texas. Secretary of State. Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008, periodical, February 29, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90783/m1/75/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.