Section 681.41 - General Ethical Requirements(a) A licensee must not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the licensee's services, including, but not limited to: (1) the effectiveness of services;(2) the licensee's qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products, or publications; or(3) the practice or field of counseling.(b) A licensee must not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the services of a mental health organization or agency, including, but not limited to, the effectiveness of services, qualifications, or products.(c) A licensee must discourage a client from holding exaggerated or false ideas about the licensee's professional services, including, but not limited to, the effectiveness of the services, practice, qualifications, associations, or activities. If a licensee learns of exaggerated or false ideas held by a client or other person, the licensee must take immediate and reasonable action to correct the ideas held.(d) A licensee must make reasonable efforts to discourage others whom the licensee does not control from making misrepresentations; exaggerated or false claims; or false, deceptive, or fraudulent statements about the licensee's practice, services, qualifications, associations, or activities. If a licensee learns of a misrepresentation; exaggerated or false claim; or false, deceptive, or fraudulent statement made by another, the licensee must take reasonable action to correct the statement.(e) Technological means of communication may be used to facilitate the therapeutic counseling process.(f) 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.(g) The licensee must take reasonable precautions to protect clients from physical or emotional harm resulting from interaction:(2) individual counseling.(h) A licensee must not evaluate any individual's mental, emotional, or behavioral condition unless the licensee has personally interviewed the individual or the licensee discloses in the evaluation the licensee has not personally interviewed the individual.(i) A licensee must not knowingly overtreat a client.(j) A licensee must not aid or abet the unlicensed practice of professional counseling by a person required to be licensed under the Act.(k) A licensee must report to the Council knowledge of any unlicensed practice of counseling.(l) A licensee or an applicant must not participate in the falsification of any materials submitted to the Council.(m) A licensee must not provide services while impaired by a physical, mental, or medical condition or by medication, drugs or alcohol.22 Tex. Admin. Code § 681.41
The provisions of this §681.41 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective November 21, 2004, 29 TexReg 10512; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective September 1, 2010, 35 TexReg 7801; amended to be effective May 20, 2012, 37 TexReg 3591; amended to be effective December 12, 2013, 38 TexReg 8889; amended by Texas Register, Volume 40, Number 02, January 9, 2015, TexReg 235, eff. 1/12/2015; Amended by Texas Register, Volume 41, Number 28, July 8, 2016, TexReg 5064, eff. 7/14/2016; Amended by Texas Register, Volume 42, Number 27, July 7, 2017, TexReg 3488, eff. 7/16/2017; Amended by Texas Register, Volume 44, Number 08, February 22, 2019, TexReg 0854, eff. 2/28/2019; Adopted by Texas Register, Volume 45, Number 46, November 13, 2020, TexReg 8139, eff. 11/19/2020; Amended by Texas Register, Volume 46, Number 46, November 12, 2021, TexReg 7783, eff. 11/21/2021; Amended by Texas Register, Volume 48, Number 37, September 15, 2023, TexReg 5143, eff. 9/21/2023