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In addition to the law and rules governing each profession, the following
Texas laws (links are to the State of Texas website) may also affect
the practice of a licensed or registered mental health professional.
This is not an exhaustive list of all statutes that may affect the
provision of mental health services. For advice on the applicability
of these laws in a specific situation, a licensee should consult his
or her legal counsel. Please note that DSHS does not provide legal advice
or consultation.
Texas
Health and Safety Code, Chapter 611
Mental Health Records
This statute addresses mental health records: confidentiality; authorized
disclosure of confidential information other than in judicial or administrative
proceeding; right to mental health record; legal remedies for improper
disclosure or failure to disclose; authorized disclosure of confidential
information in judicial or administrative proceeding; revocation of
consent; request by patient.
Texas
Family Code, Chapter 32
Consent to Medical, Dental, Psychological, and Surgical Treatment by
a Minor
This statute addresses consent to treat a minor by a non-parent; consent
form; consent to treatment by child; and consent to counseling.
Texas
Family Code, Chapter 261
Report of Abuse or Neglect
This statute addresses persons required to report; time to report;
matters to be reported; report to appropriate agency; contents of report;
referral of report by department of law enforcement; notification of
district attorneys; immunities; false report; and failure to report.
Texas
Family Code, Chapter 153
Conservatorship, Possession, Access
This statute addresses rights and duties of managing conservators and
possessory conservators of minor children.
Texas
Human Resources Code, Chapter 48
Report of Abuse or Neglect of Elderly or Disabled Person
This statute requires mental health professionals to report suspected
abuse, neglect, or exploitation of elderly or disabled persons to the
applicable state agency.
Texas
Health and Safety Code, Chapter 161.132
Report of Abuse or Neglect
This statute requires a person to report abuse or neglect in an inpatient
mental health facility, a treatment facility, or a hospital to the facility
licensing agency.
Texas
Health and Safety Code, Chapter 161.201-204
Medical or Mental Health Records
This statute addresses a prohibition against a mental health provider
charging a client for a mental health record to be used for purposes
relating to an application for benefits and assistance under certain
state and federal government programs.
Texas
Civil Practice and Remedies Code, Chapter 81
Duty to Report Sexual Exploitation by a Mental Health Services Provider
This statute requires a mental health services provider who, during
the course of providing services to a client, learns that the client
has been sexually exploited by a mental health services provider, to
report that knowledge to the appropriate licensing agency and the appropriate
district attorney within 30 days.
Texas
Penal Code, Chapter 22.011
Sexual Assault
This statute addresses sexual assault of a client or former client
by a mental health professional.
Texas
Education Code, Chapter 33
School Counselors and Counseling Programs
This statute addresses responsibilities of school counselors and parental
involvement.
Texas
Occupations Code, Chapter 53
Consequences of Criminal Conviction
This statute addresses the authority of a licensing agency to revoke,
suspend, and deny licenses due to a criminal conviction of a license
holder or license applicant.
Licensing statutes for mental health related occupations
Texas
Occupations Code
Chapter 110 - Sex Offender Treatment Providers
Chapters 151-165 - Physicians (including psychiatrists)
Chapters 301-304 - Nurses
Chapter 501 - Psychologists
Chapter 502 - Marriage and Family Therapists
Chapter 503 - Professional Counselors
Chapter 504 - Chemical Dependency Counselors
Chapter 505 - Social Workers
LINKS
External links to other sites are intended to be informational and do
not have the endorsement of the Texas Department of State Health Services.
These sites may also not be accessible to persons with disabilities.
Texas State Agencies
Texas State Board of Social Worker
Examiners
Texas State Board of Examiners of Marriage
and Family Therapists
Texas State Board of Examiners of
Professional Counselors
Council on Sex Offender Treatment
Texas State Board of Examiners
of Psychologists
Texas Department of Family and
Protective Services
Texas Education Agency
Texas Department of Assistive
and Rehabilitative Services
Texas Board of Nurse Examiners
Texas State Board of Medical
Examiners
When you have finished reading this page, please click
the correct menu item to return to the board or program home page, or
click the BACK button in your browser to return to the previously viewed
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