(a) Professional Conduct. Licensees shall:

(1) not discriminate against clients or withhold professional services from anyone, regardless of age, race, national origin, religion, sex, disability, political affiliation, social or economic status, sexual orientation, or proscribed by law. A licensee shall not allow personal feelings related to a client's alleged or actual crimes or behavior to interfere with professional judgment and objectivity;

(2) make an appropriate referral when a licensee cannot offer services to a client. Each licensee shall facilitate follow-up services for clients who transition from one program or one jurisdiction to another which includes a written summary of the assessment of risk, offending pattern, level of participation, relevant problems and treatment needs, client strengths and needs, support group, and recommendations;

(3) perform their professional duties with the highest level of integrity and appropriate confidentiality within the scope of their statutory responsibilities;

(4) not hesitate to seek assistance from other professional disciplines when circumstances dictate;

(5) report unethical, incompetent, or dishonorable practices to the council;

(6) refrain from using his or her professional relationship, to further personal, religious, political, or economic interests, other than customary professional fees;

(7) have an obligation to engage in continuing education and professional growth;

(8) refrain from diagnosing, treating, or making recommendations outside the scope of the licensee's competence;

(9) be knowledgeable of legal statutes and scientific data relevant to the assessment and treatment of clients; and

(10) display or provide in writing the address and telephone number of the council in all sites where sex offender treatment services are provided for the purpose of directing complaints to the council.

(b) Client Relationships. Licensees shall:

(1) treat all clients with dignity and respect and shall not exaggerate the efficacy of treatment services that cannot be supported by empirical literature;

(2) recognize the importance pertaining to financial matters with clientele. Arrangements for payments should be settled at the beginning of an assessment or a therapeutic relationship;

(3) not engage in dual relationships with clients or former clients. Examples of dual relationships include, but are not limited to, the following: treatment of family members, close friends, employees, supervisors, supervisees, personal contacts outside the scope of treatment, contracting or subcontracting for work, and relationships outside of treatment such as business or social;

(4) not engage in sexual harassment and/or a sexual or intimate relationship with any client who is receiving or has received professional services, regardless of whether payment for the services was involved. Licensees shall not engage in sexual intimacy with a client's or former client's family members;

(5) if services must be withdrawn, give consideration to all factors in the situation in order to minimize possible effects on the client;

(6) notify the appropriate supervising agency or court if the licensee anticipates the termination or disruption of services to a client and provide for transfer, referral, or continuation of service in keeping with the client's needs, preferences, and supervision requirements;

(7) terminate a professional counseling relationship when it is reasonably clear that the client is not benefiting from treatment unless the agency is mandated to render services. When treatment is still indicated, the licensee shall take reasonable steps to facilitate the transfer to an appropriate referral source. All clients on supervision shall be referred back to the criminal justice department or to the juvenile justice system;

(8) serve clients of a colleague during a temporary absence or emergency with the same consideration of that afforded any client;

(9) not engage in any action in their professional role which violates or diminishes the legal and civil rights of clients or victims who may be affected by their actions;

(10) not give or accept a gift from a client or a relative of a client, enter into a barter for services, or borrow or lend money or items of value to clients or relatives of clients or accept payment in the form of services rendered by a client; and

(11) not knowingly offer or provide counseling, treatment, or other professional interventions to an individual concurrently receiving sex offender treatment from another licensed sex offender treatment provider except with that provider's knowledge and approval. If a licensee learns of such concurrent counseling, treatment, or other professional interventions, the licensee shall take immediate and reasonable action to inform the other mental health service provider.

(c) Confidentiality. Licensees shall:

(1) maintain records on each client for a period of no less than 10 years after the last date of service to the client. Client records shall include, at a minimum, client demographic information; release of confidential information signed by the client which clearly describes limits of confidentiality; test results from evaluations conducted by licensee, including test protocols; and monthly treatment reports which detail client attendance, treatment progress, and problematic behaviors which may contribute to risk for reoffense. Licensees shall maintain and store records on each client to ensure safety and confidentiality in accordance with the highest professional and legal standards including but not limited to HIPAA, the Texas Health and Safety Code, Chapter 611, and laws pertaining to victims rights (Federal Justice for All Act and Texas Code of Criminal Procedure, Chapter 56); licensees shall maintain the confidentiality of victims and shall not provide victim information to clients or others not specified in Occupations Code, Chapter 109 (§109.051 and §109.052);

(2) be responsible for informing clients of the exceptions to confidentiality. Clients shall be informed of any circumstances which may prompt an exception to the agreed upon confidentiality;

(3) understand that clients have the right to refuse to participate in or attend treatment and licensees shall inform the client of the potential consequences of such a decision;

(4) clearly communicate to the client any conflicts of interest or dual relationships which affect the licensee's current relationship with a client;

(5) obtain written permission and informed consent from the client before any data may be divulged to third parties;

(6) respond to an inquiry for information with a written release by the client with only data germane to the purpose of the inquiry. Every effort shall be made to avoid an undue invasion of privacy for the client;

(7) not communicate information to persons outside the treatment team without the written consent of the client unless there exists a clear and immediate danger to a person from the client; and

(8) be knowledgeable of all statutes which govern the conduct of licensee's professional practice and the duty to report suspected abuse or neglect to law enforcement (for example: Family Code, §261.101 at et. seq.).

(d) Assessments. Licensees shall:

(1) not provide an assessment or re-assessment for the purpose of determining if an individual is guilty or innocent of a specific sexual crime. Psychological profiles shall not be used to prove or disprove an individual's propensity to act in a sexually deviant manner or an individual's guilt or innocence. Physiological methods or sexual arousal and preference assessments shall not be used to prove an individual's guilt or innocence of a specific sex crime;

(2) recognize, and when providing expert testimony, acknowledge that there is no known psychological or physiological test, profile, assessment procedure, or combination of such tools that prove or disprove whether the client has committed a specific sexual crime;

(3) make every effort possible to promote the client's non-offending behavior and act in the best interest of the client, as long as others are not placed in an identifiable risk;

(4) guard against the misuse of assessment data;

(5) respect a client's right to know the results, the interpretations made, and the basis for the conclusions and recommendations drawn from such assessments;

(6) respect the right of a client to have a complete explanation, in language which the client is able to understand, the nature and purpose of the methodologies, and any foreseeable effects of the assessment unless the client agrees to an exception in advance;

(7) obtain informed written consent from a client prior to conducting a physiological assessment or engaging in treatment unless mandated by court order;

(8) safeguard sexual arousal assessment testing and treatment materials. Each licensee shall recognize the sensitivity of this material and use it only for the purpose for which it is intended in a controlled phallometric assessment. Licensees shall not release assessment or treatment materials to persons not involved in the management or treatment of the client who lack proper training and credentials, or who would misinterpret or improperly use such stimulus materials;

(9) have specific training in the administration and evaluation of any assessment tool that is utilized. Licensees shall not release assessment raw data to any person not qualified to interpret the data;

(10) recognize that any decision regarding refusal to release records or information shall be subject to the applicable state law;

(11) be informed of the client's rights, including the client's right to confidentiality;

(12) not determine a person's degree of sexual dangerousness, suitability for treatment, or other forensic referral question based solely by one assessment instrument. Assessment data shall be properly integrated within a comprehensive assessment, the components of which are determined by a person who has specific training and expertise in making such assessments;

(13) indicate any reservations in reporting assessment results that may exist regarding validity or reliability because of the circumstances of the assessment or the absence of comparative norms for the person being tested. Each licensee shall make an attempt to ensure that assessment results and interpretations are not misunderstood or misused by others. Proper qualifications shall be made with regard to prediction and to the generalized ability of data issued in order to not mislead the consumer of the report;

(14) understand it is ethical to address an issue regarding the probability of a client committing certain criminal acts within a certain period of time; it is unethical for a licensee to state that an individual is not at risk to reoffend sexually;

(15) understand if a licensee decides that it is appropriate to offer a prediction of criminal behavior on the basis of a comprehensive assessment in a given case, the licensee shall specify clearly: (A) the acts being predicted and supportive research; (B) the estimated probability that these acts will occur during a given period of time; and (C) the facts and data on which these empirical predictions are based; and

(16) be educated and familiar with the assessment or treatment procedures and data used by another licensee before providing any public comment or testimony pertaining to the validity, reliability, or accuracy of such information.

(e) Public Information and Advertising. Licensees shall be truthful in the representation of the licensee's professional background, training, and status. All professional presentations, advertisements and public communications shall be formulated to convey accurate information.

Source Note: The provisions of this §810.92 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748