Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11

Texas State Board of Examiners of Professional Counselors

Subchapter C. Code of Ethics. or false, deceptive, or fraudulent

statement made by another, the licensee shall
§681.41. General Ethical Requirements. take immediate and reasonable action to correct
the statement.
(a) A licensee shall not make any false,
misleading, deceptive, fraudulent or (e) Regardless of setting, a licensee
exaggerated claim or statement about the shall provide counseling treatment intervention
licensee's services, including, but not limited only in the context of a professional
to: relationship. A licensee shall inform an
individual in writing before services are
(1) the effectiveness of provided of the following:
services;
(1) fees and arrangements for
(2) the licensee's payment;
qualifications, capabilities, background,
training, experience, education, professional (2) counseling purposes, goals, and
affiliations, fees, products, or publications; or techniques;

(3) the practice or field of (3) any restrictions placed on the

counseling. license by the board;

(b) A licensee shall not make any false, (4) the limits on confidentiality;
misleading, deceptive, fraudulent or
exaggerated claim or statement about the (5) any intent of the licensee to use
services of a mental health services another individual to provide counseling
organization or agency, including, but not treatment intervention to the client; and
limited to, the effectiveness of services,
qualifications, or products. (6) supervision of the licensee by
another licensed health care professional
(c) A licensee shall discourage a client including the name and qualifications of the
from holding exaggerated or false ideas about supervisor. On all advertisements, billings and
the licensee's professional services, including, announcements of counseling treatment by an
but not limited to, the effectiveness of the LPC Intern, the intern's name shall be followed
services, practice, qualifications, associations, by the name of the supervisor in the same type
or activities. If a licensee learns of exaggerated size and font.
or false ideas held by a client or other person,
the licensee shall take immediate and (f) A licensee shall inform the client in
reasonable action to correct the ideas held. writing of any changes to the items in
subsection (e) of this section prior to initiating
(d) A licensee shall make reasonable the change.
efforts to prevent others whom the licensee
does not control, from making (g) Where the client is in one location
misrepresentations; exaggerated or false and the counselor is in another, technological
claims; or false, deceptive, or fraudulent means of communication may be used to
statements about the licensee's practice, facilitate the therapeutic counseling process.
services, qualifications, associations, or
activities. If a licensee learns of a (h) In accordance with the provisions of
misrepresentation; exaggerated or false claim; the Act, §503.401(a)(4), a licensee shall not
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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

intentionally or knowingly offer to pay or agree (2) A licensee may engage in a non-
to accept any remuneration directly or therapeutic relationship with a client if the
indirectly, overtly or covertly, in cash or in relationship begins more than two years after
kind, to or from any person, firm, association of the end of the counseling relationship and the
persons, partnership, corporation, or entity for non-therapeutic relationship is consensual, not
securing or soliciting clients or patronage for or the result of exploitation by the licensee, and is
from any health care professional. not detrimental to the client.

A licensee employed or under contract (3) A licensee may engage in

with a chemical dependency facility or a mental sexual contact with a client if the contact
health facility shall comply with the begins more than five years after the end of the
requirements in the Texas Health and Safety counseling relationship and the non-therapeutic
Code, §164.006, relating to soliciting and relationship is consensual, not the result of
contracting with certain referral sources. exploitation by the licensee, and is not
Compliance with the Treatment Facilities detrimental to the client.
Marketing Practices Act, Texas Health and
Safety Code, Chapter 164, shall not be (4) For purposes of paragraphs
considered as a violation of state law relating to (2) and (3) of this subsection, the licensee must
illegal remuneration. be able to demonstrate that there has been no
exploitation and that the non-therapeutic
(i) A licensee shall not engage in relationship is not detrimental to the client in
activities for the licensee's personal gain at the light of all relevant factors, including but not
expense of a client. limited to the factors set forth in §681.42(b) (4)
(A) - (G) of this title (relating to Sexual
(j) A licensee may promote the
Misconduct).
licensee's personal or business activities to a
client if such activities, services or products are
(5) The licensee shall not
to facilitate the counseling process or help
provide counseling services to previous or
achieve the client's counseling goals. Prior to
current:
engaging in any such activities, services or
(A) family members;
product sales with the client, the licensee shall
first inform the client of the licensee's personal
(B) personal friends;
and/or business interest therein. A licensee shall
not exert undue influence in promoting such
(C) educational
activities, services or products.
associates; or
(k) A licensee shall set and maintain (D) business associates.
professional boundaries.
(6) The licensee shall not give or
(l) Except as provided by this accept a gift from a client or a relative of a
subchapter, non-therapeutic relationships with client valued at more than $50, or borrow or
clients are prohibited. lend money or items of value to clients or
(1) A non-therapeutic relatives of clients or accept payment in the
relationship is any non-counseling activity form of goods or services rendered by a client
initiated by either the licensee or client that or relative of a client.
results in a relationship unrelated to therapy.

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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

(7) The licensee shall not enter the scope of their employment by
into a non-professional relationship with a educational institutions; by federal, state, or
client's family member or any person having a local governmental agencies; or their political
personal or professional relationship with a subdivisions or programs are not required to
client, if the licensee knows or reasonably comply with subsections(p) and (q) of this
should have known such a relationship could be section.
detrimental to the client.
(s) A licensee shall bill clients or third
(m) The licensee shall not knowingly parties for only those services actually rendered
offer or provide counseling treatment or as agreed to by mutual understanding at the
intervention to an individual concurrently beginning of services or as later modified by
receiving counseling treatment intervention mutual written agreement.
from another mental health services provider
except with that provider's knowledge. If a (1) Relationships between a licensee
licensee learns of such concurrent therapy, the and any other person used by the licensee to
licensee shall request release from the client to provide services to a client shall be so reflected
inform the other professional and strive to on billing documents.
establish positive and collaborative
(2) On the written request of a
professional relationships
client, a client's guardian, or a client's parent
(n) A licensee may take reasonable (sole managing, joint managing or possessory
action to inform medical or law enforcement conservator) if the client is a minor, a licensee
personnel if the licensee determines that there shall provide, in plain language, a written
is a probability of imminent physical injury by explanation of the types of treatment and
the client to the client or others or there is a charges for counseling treatment intervention
probability of immediate mental or emotional previously made on a bill or statement for the
injury to the client. client. This requirement applies even if the
charges are to be paid by a third party.
(o) In individual and group counseling
settings, the licensee shall take reasonable (3) A licensee may not knowingly
precautions to protect individuals from physical overcharge a client.
or emotional harm resulting from interaction
(4) With the exception of an unkept
within a group or from individual counseling.
appointment, a licensee may not submit to a
(p) For each client, a licensee shall keep client or a third party payor a bill for
accurate records of the intake assessment, the counseling treatment intervention that the
dates of counseling treatment intervention, licensee knows was not provided or knows was
principal treatment methods, progress or case improper, unreasonable, or unnecessary.
notes, treatment plan, and billing information.
(t) A licensee shall terminate a
(q) Records held by a licensee shall be professional counseling relationship when it is
kept for a minimum of five years from the date reasonably clear that the client is not benefiting
of the last contact with the client. from the relationship.

(r) Records created by licensees during (u) Upon termination of a relationship if

professional counseling is still necessary, the
licensee shall take reasonable steps to facilitate
the transfer to appropriate care.
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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

(v) A licensee shall not evaluate any of a treatment facility

individual's mental, emotional, or behavioral
condition unless the licensee has personally (2) Sexual contact means:
interviewed the individual or the licensee
discloses with the evaluation that the licensee (A) deviate sexual intercourse as
has not personally interviewed the individual. defined by the Texas Penal Code, §21.01;

(w) A licensee shall not knowingly over (B) sexual contact as defined by
treat a client. the Texas Penal Code, §21.01;

(x) A licensee shall not aid or abet the (C) sexual intercourse as defined
unlicensed practice of professional counseling by the Texas Penal Code, §21.01; or
by a person required to be licensed under the
Act. A licensee shall report to the board (D) requests or offers by a
knowledge of any unlicensed practice of licensee for conduct described by subparagraph
counseling. (A), (B), or (C) of this paragraph.

(y) A licensee or an applicant for (3) “Sexual exploitation” means a

licensure shall not participate in any way in the pattern, practice, or scheme of conduct, which
falsification of applications for licensure or may include sexual contact that can reasonably
renewal of license. be construed as being for the purposes of
sexual arousal or gratification or sexual abuse
(z) A licensee shall comply with the of any person. The term does not include
requirements of Texas Health and Safety Code, obtaining information about a client's sexual
Chapter 611, concerning the release of mental history within standard accepted practice while
health records and confidential information. treating a sexual or marital dysfunction.

(aa) A licensee shall establish a plan for (4) “Therapeutic deception” means a
the custody and control of the client’s mental representation by a licensee that sexual contact
health records in the event of the licensee’s with, or sexual exploitation by, the licensee is
death or incapacity, or the termination of the consistent with, or a part of, a client's or former
licensee’ s counseling practice. A licensee shall client's counseling.
inform each new client of the plan.
(b) A licensee shall not engage in sexual
§681.42. Sexual Misconduct. contact with or sexual exploitation of a person
who is:
(a) For the purpose of this section the
following terms shall have the following (1) a client as defined in §681.2(7)
meanings. of this title (relating to Definitions)

(1) “Mental health services provider” (2) an LPC Intern supervised by the
means a licensee or any other licensed mental licensee; or
health professional, including a licensed social
worker, a chemical dependency counselor, a (3) a student at an educational
licensed marriage and family therapist, a institution at which the licensee provides
physician, a psychologist, or a member of the professional or educational services
clergy. Mental health services provider also
(4) Sexual contact that occurs more
includes employees of the above or employees
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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

than five years after the termination of the counseling sessions of the client; or
client relationship will not be deemed a
violation of this section if the conduct is (3) off the premises regularly
consensual, not the result of sexual used by the licensee for the professional
exploitation, and not detrimental to the client. counseling sessions of the client.
The licensee must demonstrate that there has
been no exploitation in light of all relevant (e) The following may constitute sexual
factors, including, but not limited to: exploitation if done for the purpose of sexual
arousal or gratification or sexual abuse of any
(A) the amount of time that has person:
passed since therapy terminated;
(1) sexual harassment, sexual
(B) the nature and duration of solicitation, physical advances, or verbal or
the therapy; nonverbal conduct that is sexual in nature, and:

(C) the circumstances of (A) is offensive or creates

termination; a hostile environment, and the licensee knows
or is told this; or
(D) the client’s personal history;
(B) is sufficiently severe
(E) the client’s current mental or intense to be abusive to a reasonable person
status; in the context;

(F) the likelihood of adverse (2) any behavior, gestures, or

impact on the client and others; and expressions which may reasonably be
interpreted as seductive or sexual;
(G) any statements or actions
made by the therapist during the course of (3) sexual comments about or to
therapy suggesting or inviting the possibility of a person, including making sexual comments
a post - termination sexual or romantic about a person's body;
relationship with the client.
(4) making sexually demeaning
(c) A licensee shall not practice comments about an individual's sexual
therapeutic deception of a person who is a orientation;
client as defined in §681.2(7) of this title
(relating to definitions). (5) making comments about
potential sexual performance except when the
(d) It is not a defense under subsections comment is pertinent to the issue of sexual
(b) - (c) of this section if the sexual contact, function or dysfunction in counseling;
sexual exploitation, or therapeutic deception
with the person occurred: (6) requesting details of sexual
history or sexual likes and dislikes when not
(1) with the consent of the necessary for counseling of the individual;
client;
(7) initiating conversation
(2) outside the professional regarding the sexual problems, preferences, or
fantasies of the licensee;

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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

(8) kissing or fondling; involves a licensee and any other state licensing
agency which licenses the mental health
(9) making a request to date; services provider and;

(10) any other deliberate or (C) to the appropriate

repeated comments, gestures, or physical acts agency listed in §681.45 of this title (relating to
not constituting sexual intimacies but of a Confidentiality and Required Reporting).
sexual nature;
(2) Before making a report under
(11) any bodily exposure of this subsection, the reporter shall inform the
genitals, anus or breasts; alleged victim of the reporter's duty to report
and shall determine if the alleged victim wants
(12) encouraging another to to remain anonymous.
masturbate in the presence of the licensee; or
(3) A report under this subsection
(13) masturbation by the need contain only the information needed to:
licensee when another is present.
(A) identify the
(f) Examples of sexual contact are reporter;
those activities and behaviors described in the
Texas Penal Code, §21.01. (B) identify the alleged
victim, unless the alleged victim has requested
(g) A licensee shall report sexual anonymity;
misconduct as follows.
(C) express suspicion
(1) If a licensee has reasonable that sexual exploitation, sexual contact, or
cause to suspect that a client has been the therapeutic deception occurred; and
victim of sexual exploitation, sexual contact, or
therapeutic deception by another licensee or a (D) provide the name of
mental health services provider, or if a client the alleged perpetrator.
alleges sexual exploitation, sexual contact, or
therapeutic deception by another licensee or a §681.43. Testing.
mental health services provider, the licensee
shall report the alleged conduct not later than (a) Prior to or following the
the third business day after the date the licensee administration of any test, a licensee shall make
became aware of the conduct or the allegations known to clients the purposes and explicit use
to: to be made of the test as a part of a professional
counseling relationship.
(A) the prosecuting
attorney in the county in which the alleged (b) A licensee shall not appropriate,
sexual exploitation, sexual contact or reproduce, or modify copyrighted tests or parts
therapeutic deception occurred; thereof without the acknowledgment and
permission of the copyright owner.
(B) the board if the
conduct (c) A licensee shall not administer any
test without the appropriate training and
experience to administer and interpret the test.

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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

(d) A licensee must observe the (c) A licensee shall comply with Texas
necessary precautions to maintain the security Health and Safety Code, Chapter 611,
of any test administered by the license or under concerning access to mental health records and
the licensee's supervision. confidential information.

(e) In accordance with the Act, the use (d) A licensee shall report information if
of standardized projective techniques is required by any of the following statutes:
prohibited. This prohibition includes, but is not
limited to, the Rorschach Inkblot Test, the (1) Texas Family Code, Chapter
Holtzman Inkblot Test, the Thematic 261, concerning abuse or neglect of minors;
Apperception Test, the Children's Apperception
Test, and the Senior Apperception Test. (2) Texas Human Resources
Code, Chapter 48, concerning abuse, neglect,
§681.44. Drug and Alcohol Use. or exploitation of elderly or disabled persons;

A licensee shall not: (3) Texas Health and Safety

Code, Chapter 161, Subchapter K, §161.131 et
(1) use alcohol or drugs in a seq., concerning abuse, neglect, and illegal,
manner that adversely affects the licensee's unprofessional, or unethical conduct in an in-
ability to provide counseling treatment patient mental health facility, a chemical
intervention services; dependency treatment facility or a hospital
providing comprehensive medical rehabilitation
(2) use illegal drugs of any services; and
kind; or
(4) Texas Civil Practice and
(3) promote, encourage, or Remedies Code, §81.006, concerning sexual
concur in the illegal use or possession of exploitation by a mental health services
alcohol or drugs. provider.

§681.45. Confidentiality and Required (5) A licensee shall comply with

Reporting. Occupations Code, Chapter 109, relating to the
release and exchange of information
(a) Communication between a licensee concerning the treatment of a sex offender.
and client and the client's records, however
created or stored, are confidential under the (e) A licensee shall make written reports
provisions of the Texas Health and Safety to the board office within 30 days of the
Code, Chapter 611 and other state or federal following:
statutes or rules where such statutes or rules (1) an arrest of the licensee,
apply to a licensee's practice. other than for a Class C misdemeanor traffic
offense;
(b) A licensee shall not disclose any
communication, record, or identity of a client (2) the filing of a criminal case
except as provided in Texas Health and Safety against the licensee;
Code, Chapter 611 or other state or federal
statutes or rules. (3) a criminal conviction of the
licensee other than for a Class C misdemeanor
traffic offense; or

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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

(4) the filing of a disciplinary §681.47. Assumed Names.

action or the taking of a disciplinary
action against the licensee by another (a) An individual practice by a licensee
state licensing board, in either Texas or another may be established as a corporation, a limited
state, or by a professional organization. liability partnership, a limited liability
company, or other business entity in accordance
(f) Failure to make a report as required with state or federal law.
by subsection (a) of this section is grounds for
disciplinary action by the board. (b) An assumed or trade name used by a
llicensee must not be false, deceptive, or
misleading, as those terms are described in
§681.46. Licensees and the Board. §681.49(b) of this title (relating to Advertising
and Announcements.)
(a) Licensees are bound by the
provisions of the Act and this chapter. §681.48. Consumer Information.

(b) A licensee shall have the (a) A licensee shall inform each client of
responsibility of reporting alleged violations of the name, address, and telephone number of the
the Act or this chapter to the board's executive board for the purpose of reporting violations of
director. the Act or this chapter. On all advertisements,
billings and announcements of counseling
(c) A licensee shall keep his or her treatment by an LPC Intern, the intern's name
board file updated by notifying the board in shall be followed by the name of the supervisor
writing of changes of name, highest academic in the same type size and font.
degree granted, address, telephone number, and
employment. (1) on each application or
written contract for services; or
(d) A licensee shall cooperate with the
board by furnishing documents or information (2) on a sign prominently
and by responding to a request for information displayed in the primary place of business; or
from or a subpoena issued by the board or its
authorized representative. (3) on a bill for counseling
treatment intervention provided to a client
(e) A licensee shall comply with any
order issued by the board relating to the (b) A licensee shall display the license
licensee. certificate and current renewal card issued by
the board in a prominent place in the primary
(f) A licensee shall not interfere with a location of practice.
board investigation by the willful
misrepresentation of facts to the board or its (c) A licensee shall not display a license
authorized representative or by the use of certificate or current renewal card issued by the
threats or harassment against any person. board which has been reproduced or is expired,
suspended, or revoked.
(g) A licensee who files a complaint
with the board in bad faith may be subject to (d) A licensee shall not make any
disciplinary action. alteration on a license certificate or renewal
card issued by the board.

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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

§681.49. Advertising and Announcements. deductibles or co-payments are required;

(a) Information used by a licensee in (7) advertises or represents that

any advertisement or announcement shall not the benefits of a health benefit plan will be
contain information which is false, inaccurate, accepted as full payment when deductibles or
misleading, incomplete, out of context, co-payments are required;
deceptive or not readily verifiable. Advertising
includes, but is not limited to, any (8) makes a representation that is
announcement of services, letterhead, business designed to take advantage of the fears or
cards, commercial products, and billing emotions of a particularly susceptible type of
statements. patient; or

(b) False, misleading, or deceptive (9) advertises or represents in

advertising or advertising that is not readily the use of a professional name a title or
subject to verification includes advertising that: professional identification that is expressly or
commonly reserved to or used by another
(1) makes any material profession or professional.
misrepresentation of fact or omits a fact
necessary to make the statement as a whole not (c) A licensee who retains or hires
materially misleading; others to advertise or promote the licensee's
practice remains responsible for the statements
(2) makes any representation and representations made.
likely to create an unjustified expectation about
the results of a health care service or procedure; (d) The highest academic degree earned
from an accredited college or university in
(3) compares a health care counseling or a counseling-related field as
professional's services with another health care reported by the American Association of
professional's services unless the comparison Collegiate Registrars and Admissions Officers
can be factually substantiated; may be used when advertising or announcing
counseling treatment intervention to the public
(4) contains a testimonial that or in counseling-related professional
includes false, deceptive, or misleading representations. A degree received at a foreign
statements, or fails to include disclaimers or university may be used if the degree could be
warnings as to the credentials of the person accepted as a transfer degree by accredited
making the testimonial; universities as reported by the American
Association of Collegiate Registrars and
(5) causes confusion or Admissions Officers. Notwithstanding the
misunderstanding as to the credentials, foregoing, a licensee may advertise or
education, or licensure of a health care announce his or her other degrees from
professional; accredited colleges or universities if the subject
of the degree is specified.
(6) advertises or represents that
health care insurance deductibles or co- (e) The board imposes no restrictions
payments may be waived or are not applicable on advertising by a licensee with regard to the
to health care services to be provided if the use of any medium, the licensee's personal
appearance, or the use of his or her personal
voice, the size or duration of an advertisement

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 Title 22, Texas Administrative Code, Chapter, 681, effective 3/1/11
Texas State Board of Examiners of Professional Counselors

by a licensee, or the use of a trade relationship for the purposes of

name. education or research.

(f) All advertisements or (c) When conducting or reporting

announcements of counseling treatment research, a licensee must give recognition to
intervention including telephone directory previous work on the topic as well as observe
listings by a person licensed by the board shall all copyright laws.
clearly state the licensee's licensure status by
the use of a title such as "Licensed Counselor", (d) A licensee must give due credit
or "Licensed Professional Counselor", or through joint authorship, acknowledgment,
"L.P.C.", or a statement such as "licensed by footnote statements, or other appropriate means
the Texas State Board of Examiners of to those persons who have contributed
Professional Counselors." significantly to the licensee's research or
publication.
(g) Counselors holding a temporary
license shall indicate intern status on all §681.51. Finding of Misconduct Occurring
advertisements, billing, and announcements of before Licensure.
counseling treatment by the use of the term
"LPC Intern." On all advertisements, billings (a) The board may take disciplinary
and announcements of counseling treatment by action based upon information received after
an LPC Intern, the intern's name shall be issuance of a license, if such information would
followed by the name of the supervisor, along have been the basis for denial of licensure had
with the address and phone number in the same it been received prior to the issuance of the
type size and font. license.
(h) A licensee is required to hold the art
therapy specialty designation in order to use the (b) The board may consider conduct
title "art therapist" or the initials "A.T." A prior to licensure in determining whether an
licensee who does not hold the designation may applicant or licensee is fit to practice
engage in the practice of counseling by using counseling, including conduct that would have
art therapy as a counseling method but may not been a violation of the code of ethics if the
use the title or initials. person was licensed.

(i) A licensed professional counselor §681.52. LPC Interns.

who is a board approved supervisor may use
(a) An LPC Intern may not practice
the designation "LPC-S" when advertising their
within the Intern’s own private independent
supervisory status.
practice of professional counseling.
§681.50. Research and Publications.
(b) An LPC Intern may be employed on
(a) In research with a human a salary basis or be a consultant or volunteer.
participant, a licensee shall take reasonable
(c) No payment for services will be
precautions to ensure that the participant does
made directly by a client to the intern.
not suffer emotional or physical harm.
(d) Client records are not the property
(b) A licensee shall ensure the full
of the counseling intern.
protection of a client's identity when using data
obtained from a professional counseling

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Texas State Board of Examiners of Professional Counselors

(e) All billing documents for services provided

by an LPC Intern shall reflect that the LPC
Intern holds a temporary license and is under
supervision. On all advertisements, billings and
announcements of counseling treatment by an
LPC Intern, the intern's name shall be followed
by the name of the supervisor in the same type
size and font.

(f) A supervisor may not be an

employee of an LPC Intern.

(g) The LPC Intern may compensate the

supervisor for time spent in supervision if the
supervision is not a part of the supervisor's
responsibilities as a paid employee of an
agency, institution, clinic, or other business
entity.

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