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TITLE 22EXAMINING BOARDS
PART 30TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
CHAPTER 681PROFESSIONAL COUNSELORS
SUBCHAPTER CCODE OF ETHICS
RULE §681.45Confidentiality and Required Reporting

(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 shall 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 shall comply with Texas Health and Safety Code, Chapters 181 and 611, concerning access to mental health records and confidential information.

(d) A licensee shall report information if required by the following statutes:

  (1) Texas Family Code, Chapter 261, concerning abuse or neglect of minors;

  (2) Texas Human Resources Code, Chapter 48, concerning abuse, neglect, or exploitation of elderly or disabled persons;

  (3) Texas Health and Safety Code, Chapter 161, Subchapter K, §161.131 et seq., concerning abuse, neglect, and illegal, unprofessional, or unethical conduct in an in-patient mental health facility, a chemical dependency treatment facility or a hospital providing comprehensive medical rehabilitation services; and

  (4) Texas Civil Practice and Remedies Code, §81.006, concerning sexual exploitation by a mental health provider.

  (5) A licensee shall comply with Occupations Code, Chapter 109, relating to the release and exchange of information concerning the treatment of a sex offender.

(e) A licensee shall make written reports to the board office within 30 days of the following:

  (1) an arrest of the licensee, other than for a Class C misdemeanor traffic offense;

  (2) the filing of a criminal case against the licensee;

  (3) a criminal conviction of the licensee other than for a Class C misdemeanor traffic offense; or

  (4) the filing of a disciplinary action or the taking of a disciplinary action against the licensee by another state licensing board, in either Texas or another state, or by a professional organization.

(f) Failure to make a report as required by subsection (a) of this section is grounds for disciplinary action by the board.


Source Note: The provisions of this §681.45 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective November 21, 2004, 29 TexReg 10512; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective September 1, 2009, 34 TexReg 5535; amended to be effective December 12, 2013, 38 TexReg 8889

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