Professional Licensing and Certification Unit
Resources for Mental Health Professionals

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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 page.

Last Updated December 4, 2006