One of the new adopted amendments to rule §882.23, relating to License Required to Practice, comes with definitions and clarifications. It became effective March 27, 2024.
It states, “a licensee of the Executive Council may provide a mental health service, that is within the scope of the license, through the use of a telehealth service to a client who is located outside of this state, subject to any applicable regulation of the jurisdiction in which that client is located.”
The Council offers a more detailed explanation on their FAQs page located here:
https://www.bhec.texas.gov/texas-state-board-of-examiners-of-professional-counselors/faqs/index.html
The Council’s justifications were stated as follows,
“The adopted amendments clarify when an individual is conducting a professional service in Texas, which is regulated by the Executive Council. The determining factor is, if the recipient of the professional service is physically located in Texas, then the individual is conducting the regulated practice of marriage and family therapy, professional counseling, psychology, or social work in Texas.”
“The purpose of this rule amendment is to clarify when a professional service, that is regulated by the Council, occurs in Texas. Previously, if a provider was physically present in Texas when services were provided to a client in another jurisdiction then that could have constituted the practice of a regulated profession in Texas, thereby requiring a Texas license. The mission of the Council is to protect the people of Texas. Requiring a license for an individual providing services to clients located in another state is not part of the Council's mission.”
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From the BHEC website:
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