in its entirety. Due to the length and comprehensive nature of HIPAA, additional courses of study and in-service training are advised. Texas Administrative Code Title 22 Behavioral Health Administrative Council §882.36, Compliance with State and Federal Law (Tex.Reg, 2020c) Licensees comply with all applicable state and federal laws affecting the practice of marriage and family therapy, professional counseling, psychology, or social work. This section emphasizes that the counselor will follow all state and federal laws related to practice and again focus on the duty to report harm, which will be covered subsequently in Chapters 261 and 48. There is reference to the Texas Family Code that will cover the age of consent for minor and parental consent, which will be covered in a separate section of this course. Texas Administrative Code Title 22 Behavioral Health Administrative Council §884.32, Reportable Legal Action and Discipline (2020d) (a) Licensees are required to report legal actions as follows: (1) Any conviction, sentence, dispositive agreement, or order placing the licensee on community supervision or pretrial diversion, must be reported in writing to the Council within thirty days of the underlying event. A report must include the case number, court, and county where the matter is filed, together with a description of the matter being reported. A licensee shall provide copies of court documents upon request from agency staff. (2) Any lawsuit brought by or against a licensee concerning or related to the delivery of services regulated by this agency or billing practices by the licensee. A report must include a copy of the initial pleading filed by or served upon the licensee and must be submitted to the Council within thirty days of either filing by or service upon the licensee. (3) Any administrative or disciplinary action initiated against a licensee by another health regulatory agency in this state or any other jurisdiction, or any agency or office within the federal government, must be reported to the Council by sending notification of the action within thirty days of the licensee receiving notice of the action. A report must include a copy of any complaint, notice of violation, or other documentation received by the licensee from the initiating entity which describes the factual basis for the action. A licensee must also supplement this report to the Council with a copy of any order, letter, or determination setting forth the final disposition of the matter within thirty days following the final disposition. (b) A complaint shall be opened if a reported criminal action constitutes grounds for disciplinary action under applicable state or federal law. A complaint may be opened if a reported civil action constitutes grounds for disciplinary action under Council rules. (c) Reciprocal Discipline: (1) A complaint may be opened upon receipt of a report of discipline against a licensee by another health licensing agency in this state or any other jurisdiction. (2) The Council may impose disciplinary action on a licensee according to its own schedule of sanctions for the conduct forming the basis of the other health licensing agency’s disciplinary action. (3) A voluntary surrender of a license in lieu of disciplinary action or during an investigation by another health licensing agency constitutes disciplinary action under this rule.
The essence of this section is that any legal action taken against the licensee must be reported to the Council within 30 days and includes reciprocity with other licensing agencies that take disciplinary action against the licensee. The Council may impose additional disciplinary sanctions as well based on the other agency’s infraction or disciplinary sanction. Texas Family Code Chapter 261, Subchapter B. Report of Abuse or Neglect; Immunities (Texas.gov, 2021) Sec. 261.101. Persons Required to Report; Time to Report. (a) A person having reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter. (b) If a professional has reasonable cause to believe that a child has been abused or neglected or may be abused or neglected, or that a child is a victim of an offense under Section 21.11 Indecency With a Child, Penal Code, and the professional has reasonable cause to believe that the child has been abused as defined by Section 260.001*, the professional shall make a report not later than the 48th hour after the hour the professional first has reasonable cause to believe that the child has been or may be abused or neglected. A professional may not delegate to or rely on another person to make the report. In this subsection, “professional” means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers. * This section defines emotional, mental, physical, and sexual injury to a child. (b-1) In addition to the duty to make a report under Subsection (a) or (b), a person or professional shall make a report in the manner required by Subsection (a) or (b), as applicable, if the person or professional has reasonable cause to believe that an adult was a victim of abuse or neglect as a child and the person or professional determines in good faith that disclosure of the information is necessary to protect the health and safety of: (1) another child; or (2) an elderly person or person with a disability as defined by Section 48.002, Human Resources Code. * (c) The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health care facility that provides reproductive services. (d) Unless waived in writing by the person making the report, the identity of an individual making a report under this chapter is confidential and may be disclosed only: (1) as provided by Section 261.201**; or (2) to a law enforcement officer for the purposes of conducting a criminal investigation of the report.
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Book Code: PCTX1325
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