SECTION 882.36. Compliance with State and Federal Law

Licensees comply with all applicable state and federal laws affecting the practice of marriage and family therapy, professional counseling, psychology, or social work including, but not limited to:

(1) Health and Safety Code, Chapter 611, Mental Health Records;

(2) Family Code:

(A) Chapter 32, Consent to Medical, Dental, Psychological and Surgical Treatment,

(B) Chapter 153, Rights to Parents and Other Conservators to Consent to Treatment and Access to Child's Records, and

(C) Chapter 261, Duty to Report Child Abuse and Neglect;

(3) Human Resource Code, Chapter 48, Duty to Report Elder Abuse and Neglect;

(4) Civil Practice and Remedy Code, Chapter 81, Duty to Report Sexual Exploitation of a Patient by a Mental Health Services Provider;

(5) Insurance Code as it relates to submission of billing and third-party payments for mental health services provided by a licensee;

(6) Code of Criminal Procedure, Chapter 46B, Incompetency to Stand Trial, and Chapter 46C, Insanity Defense;

(7) Occupations Code, Chapter 102, Solicitation of Patients; Chapter 104, Healing Art Practitioners; Chapter 105, Unprofessional Conduct; and Chapter 113, Mental Health Telemedicine and Telehealth Services;

(8) Education Code, Chapter 51, Duty to Report Sexual Harassment and Assault, Dating Violence, and Stalking; and

(9) 18 United States Code §1347 Health Care Fraud.

Source Note: The provisions of this §882.36 adopted to be effective September 1, 2020, 45 TexReg 4758