The Texas Administrative Code: Boundary Rules The TAC addresses boundary issues in Rule §681.41 General Ethical Requirements (Tex.reg, 2021): (h) In accordance with §503.401(a)(4) of the Act, a licensee must not intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly, or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation, or entity for securing or soliciting clients or patronage. (j) A licensee must not engage in activities for the licensee’s personal gain at the expense of a client. (k) A licensee may promote the licensee’s personal or business activities to a client if such activities, services, or products are to facilitate the counseling process or help achieve the client’s counseling goals. Prior to engaging in any such activities, services or product sales with the client, the licensee must first inform the client of the licensee’s personal and/or business interest therein. A licensee must not exert undue influence in promoting such activities, services, or products. (l) A licensee must set and maintain professional boundaries. (m) (Except as provided by this subchapter, non-therapeutic relationships with clients are prohibited. (1) A non-therapeutic relationship is any non-counseling activity initiated by either the licensee or client that results in a relationship unrelated to therapy. (2) A licensee may not engage in a non-therapeutic relationship with a client if the relationship begins less than two (2) years after the end of the counseling relationship; the non-therapeutic relationship must be consensual, not the result of exploitation by the licensee, and is not detrimental to the client. (3) A licensee may not engage in sexual contact with a client if the contact begins less than five (5) years after the end of the counseling relationship; the non-therapeutic relationship must be consensual, not the result of exploitation by the licensee, and is not detrimental to the client. (4) For purposes of paragraphs (2) and (3) of this subsection, the licensee must be able to demonstrate there has been no exploitation and the non-therapeutic relationship is not detrimental to the client in light of all relevant ACA Code of Ethics: Boundary Issues A.5. Prohibited Non-counseling Roles and Relationships A.5.a. Sexual and/or Romantic Relationships Prohibited Sexual and/or romantic counselor– client interactions or relationships with current clients, their romantic partners, or their family members are prohibited. This prohibition applies to both in- person and electronic interactions or relationships. A.5.b. Previous Sexual and/or Romantic Relationships Counselors are prohibited from engaging in counseling relationships with persons with whom they have had a previous sexual and/or romantic relationship. A.5.c. Sexual and/or Romantic Relationships with Former Clients Sexual and/or romantic counselor– client interactions or relationships with former clients, their romantic partners, or their family members are prohibited for a period of 5 years following the last professional contact. This prohibition applies to both in- person and electronic interactions or relationships. Counselors, before engaging in sexual and/or romantic interactions or relationships with former clients, their romantic partners, or their family members, demonstrate forethought and document (in written form) whether the interaction or relationship can be viewed as exploitive in any way and/or whether there is still potential to harm the former client; in cases of potential exploitation and/or harm, the counselor avoids entering into such an interaction or relationship.
factors, including, but not limited to, the factors set forth in §681.42(b)(4)(A) - (G) of this title (relating to Sexual Misconduct). (5) The licensee must not provide counseling services to previous or current:
(A) family members. (B) personal friends. (C) educational associates; or (D) business associates.
(6) The licensee must not give or accept a gift from a client or a relative of a client valued at more than $50, borrow or lend money or items of value to clients or relatives of clients, or accept payment in the form of goods or services rendered by a client or relative of a client. * (7) The licensee must not enter a non-professional relationship with a client’s family member or any person having a personal or professional relationship with a client if the licensee knows or reasonably should have known such a relationship could be detrimental to the client. (n) The licensee must not knowingly offer or provide counseling to an individual concurrently receiving counseling treatment intervention from another mental health services provider except with that provider’s knowledge. If a licensee learns of such concurrent therapy, the licensee must request release from the client to inform the other professional and strive to establish positive and collaborative professional relationships. (o) A licensee may take reasonable action to inform medical or law enforcement personnel if the licensee determines there is a probability of imminent physical injury by the client to the client or others, or there is a probability of immediate mental or emotional injury to the client. (p) The licensee must take reasonable precautions to protect clients from physical or emotional harm resulting from interaction: (1) within a group; or (2) individual counseling. * The acceptable amount of the gift may vary within agencies and practices with some limits lower than the stated $50. A.5.d. Friends or Family Members Counselors are prohibited from engaging in counseling relationships with friends or family members with whom they have an inability to remain objective. A.5.e. Personal Virtual Relationships with Current Clients Counselors are prohibited from engaging in a personal virtual relationship with individuals with whom they have a current counseling relationship (e.g., through social and other media). A.6. Managing and Maintaining Boundaries and Professional Relationships A.6.a. Previous Relationships Counselors consider the risks and benefits of accepting as clients those with whom they have had a previous relationship. These potential clients may include individuals with whom the counselor has had a casual, distant, or past relationship. Examples include mutual or past membership in a professional association, organization, or community. When counselors accept these clients, they take appropriate professional precautions such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired, and no exploitation occurs. A.6.b. Extending Counseling Boundaries Counselors consider the risks and benefits of extending current counseling relationships beyond conventional parameters.
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