Section 801.43 - Professional Representation(a) A licensee is subject to and bound by provisions of the Act, the Council Act, and council rules.(b) A licensee that becomes aware of another licensee violating state or federal law within the jurisdiction of the Council, may attempt to resolve the violation informally with the other licensee if the violation does not involve actual or likely harm to an individual or the public. Any unresolved violations must be reported to the Council. A licensee that becomes aware of another licensee violating a state or federal law within the jurisdiction of the Council involving actual or likely harm to an individual or the public, must report the violation to the Council.(c) Licensure and Supervisory Status. (1) When providing professional therapeutic services as defined in § 801.42 of this title (relating to Professional Therapeutic Services), a licensee must indicate his or her licensure status as an LMFT or LMFT Associate, including any probationary status or other restrictions placed on the licensee by the council.(2) An LMFT Associate must not represent themselves as an independent practitioner. An LMFT Associate's name must be followed by a statement such as "supervised by (name of supervisor)" or a statement of similar effect, together with the name of the supervisor. This disclosure must appear on all marketing materials, billing documents, and practice related forms and documents where the LMFT Associate's name appears, including websites and intake documents. This paragraph is effective January 1, 2023.(d) A licensee may not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the licensee's services, including: (1) the effectiveness of services;(2) the licensee's qualifications, capabilities, background, training, education, experience, professional affiliations, fees, products, or publications; or(3) the practice of marriage and family therapy.(e) A licensee may not misrepresent any agency or organization by presenting it as having attributes that it does not possess.(f) A licensee may not encourage, or within the licensee's power, allow a client to hold exaggerated ideas about the efficacy of services provided by the licensee.(g) If a licensee learns of a misrepresentation, exaggerated, false, deceptive, or fraudulent claim or statement made by another, the licensee must take reasonable action to correct the misrepresentation, claim or statement.22 Tex. Admin. Code § 801.43
The provisions of this §801.43 adopted to be effective April 20, 1994, 19 TexReg 2386; amended to be effective April 11, 2001, 26 TexReg 2713; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective May 18, 2008, 33 TexReg 3758; amended to be effective March 31, 2013, 38 TexReg 1982; Amended by Texas Register, Volume 44, Number 09, March 1, 2019, TexReg 1140, eff. 3/7/2019; Adopted by Texas Register, Volume 45, Number 40, October 2, 2020, TexReg 7027, eff. 10/5/2020; Amended by Texas Register, Volume 47, Number 46, November 18, 2022, TexReg 7693, eff. 11/23/2022