Rule 510-5-.02 - Definitions(1) Patient or Client. The term clients/patients may be defined through the following roles: (a) a recipient of psychological services,(b) a corporate entity or other organization when the professional contract is to provide services of benefit primarily to the organization rather than to individuals unless the contract specifies otherwise,(c) individuals including minors and legally incompetent adults who have legal guardians. The legal guardian shall be the client for decision-making purposes, except that the individual receiving services shall be the patient or client for: 1. Issues directly affecting the physical or emotional safety of the individual, such as sexual or other exploitative dual relationships; and2. Issues specifically reserved to the individual and agreed to by the guardian prior to rendering of services, such as confidential communication in a therapy relationship.(2) Student. Students are individuals matriculating in a predoctoral training program or internship.(3) Confidential Information. Confidential information refers to information for which a psychologist or other health professional is ethically obligated not to disclose without client permission. This standard is protected by state statute except when compelled to disclose as a result of a court order. (a) When a corporation or other organization is the client, rules of confidentiality apply to information pertaining to the organization, including personal information about individuals when such information is obtained in the proper course of that contract. Such information about individuals is subject to confidential control of the organization, not of the individual, and can be made available to the organization, unless there is an understanding between the psychologist and such individual that such information was obtained in a separate professional relationship with that individual and is, therefore, subject to confidentiality requirements in itself.(4) Court Order. A court order is an action taken by a judge that compels disclosure unless appealed, in contrast to a subpoena which compels only a response and may be issued by an attorney.(5) Professional Relationship. A professional relationship is a mutually agreed upon relationship between a psychologist and patients, clients, students, supervisees, employees, contractors, or other mental health providers.(6) Psychological Services. All actions of psychologists in the context of a professional relationship with client/patients, students, supervisees, or employees.(7) Supervisee. Supervisees are individuals who are not authorized or licensed to practice psychology independently and who function under the extended authority of the psychologist, the internship/SWE supervisor or secondary supervisor in the provision of psychological services. Supervisees are individuals who are either:(a) employees of the supervisor,(b) employed by the supervisor's employer, or(8) Supervisor. Supervisors are psychologists who have responsibility for the professional activities of individuals who are supervisees.(9) Telepsychology. The provision of psychological services using telecommunication technologies. Telecommunication technologies include but are not limited to telephone, mobile devices, interactive videoconferencing, e-mail, chat, text, and Internet (e.g., self-help websites, blogs, and social media).(10) Employee. An employee is an individual subject to the supervision of their employer, who generally retains the right to direct the time, manner, and method by which the employee performs their assigned duties. If the employee is unlicensed and providing mental health services at the direction of a psychologist, the control that an employer maintains over the time, manner, and method by which the employee provides those services is consistent with the requirements of a supervisory relationship, in which a supervising/employing psychologist is responsible for the professional activities of supervisees. An employee generally receives a year end IRS W-2 tax form.(11) Independent Contractor. An independent contractor is an individual free from the direct supervision of the person or entity contracting for services to be provided, including the time, manner, and method by which the independent contractor provides those services. An individual providing mental health services as an independent contractor practices under the authority of their own license. The independence of a contractor to control the time, manner, and method by which the mental health services are provided is not consistent with a supervisory relationship, in which a supervising/employing psychologist is responsible for the professional activities of supervisees. An independent contractor generally receives a year end IRS 1099 tax form.Ga. Comp. R. & Regs. R. 510-5-.02
O.C.G.A. §§ 43-1-19, 43-1-25, 43-39-5, 43-39-6, 43-39-13.
Original Rule entitled "Recording of Licenses" adopted. F. Jan. 3, 1973; eff. Jan. 23, 1973.Repealed: New Rule entitled "Inactive Status" adopted. F. Dec. 14, 1988; eff. Jan. 3, 1989.Repealed: New Rule entitled "Reinstatement" adopted. F. May 5, 1989; eff. May 25, 1989.Repealed: New Rule of same title, adopted. F. Jan. 7, 1992; eff. Jan. 27, 1992.Repealed: New Rule entitled "Definitions" adopted. F. July 27, 1994; eff. August 16, 1994.Repealed: New Rule of same title adopted. F. Mar. 18, 2004; eff. Apr. 7, 2004.Amended: F. Oct. 13, 2017; eff. Nov. 2, 2017.Amended: F. Jan. 12, 2024; eff. Feb. 1, 2024.