The Texas State Board of Examiners of Professional Counselors licenses counselors for practice in the state. Texas has a related State Board of Examiners of Marriage and Family Therapists, a State Board of Social Worker Examiners, and a State Board of Examiners of Psychologists to license those related clinical counselors. If you hold one of those licenses to practice in Texas, you know the substantial personal, professional, and financial rewards. However, to preserve and protect your professional counselor practice, you must maintain your Texas State Board license in good standing against pending or anticipated disciplinary charges. Call 888.535.3686 or complete this contact form now to retain the Lento Law Firm's premier Professional License Defense Team to defend and defeat your Texas State Board disciplinary charges. We are available in Dallas, Fort Worth, Austin, Houston, San Antonio, El Paso, Corpus Christi, Plano, Lubbock, Laredo, Irving, Garland, Frisco, Amarillo, Arlington, and all other Texas locations.
Texas State Board Licensing Authority
The Texas Occupations Code sets forth the statutory authority of the Texas State Board to license professional counselors, marriage and family therapists, social workers, and psychologists. Occupations Code Chapter 501 licenses psychologists, Chapter 502 licenses marriage and family therapists, Chapter 503 licenses professional counselors, and Chapter 505 licenses social workers. Each of those chapters requires the applicable counseling professional to obtain and maintain a license for any associated practice within Texas. Each of those chapters makes unlicensed practice unlawful, subject to cease and desist orders, court injunctions, fines, and other enforcement, including criminal charges. Section 503.453, for instance, makes it a Class B misdemeanor to practice professional counseling without an active and valid license, punishable by up to 180 days in jail and a $2,000 fine.
Losing your Texas State Board license to practice professional counseling, marriage, and family therapy, social work, or psychology means losing your associated employment and notifying your clients that you are unable to continue to serve them. You must not continue your fruitful Texas clinical counseling practice without your state license. Let us help you defend your Texas State Board disciplinary charges so that you can continue to serve your clients and enjoy the many substantial rewards of Texas professional counseling practice.
Texas State Board License Requirements
Each of the above Texas Occupation Code Chapters 501, 502, 503, and 505 sets forth the licensure requirements for professional counselors, marriage and family therapists, social workers, and psychologists. You know how hard you studied, the expense to which you went, and the time you took to satisfy those requirements to earn your Texas professional counseling license. Texas Occupation Code Section 503.302, for instance, requires a professional counselor to be at least age eighteen, hold a master's or doctorate degree in counseling or a related field, complete at least 3,000 hours of supervised postgraduate experience hours, pass the licensing exam, and meet any other requirements the Texas State Board of Examiners of Professional Counselors imposes. Now that you've earned and enjoyed your Texas State Board license in professional counseling don't throw it all away to disciplinary charges. Let us help you defend and defeat your charges.
Texas Consumer Complaints
Each of the above Texas Occupation Code Chapters 501, 502, 503, and 505 further authorize their Texas State Board to discipline their licensees on specified grounds. Texas Occupation Code Section 503.302, for instance, authorizes the Texas State Board of Examiners of Professional Counselors to discipline a licensed professional counselor. The four related Texas State Boards for professional counseling exercise that disciplinary authority by offering clients and the public an online complaint portal with clear instructions and encouragement to proceed. The website also offers a toll-free complaint telephone number. The four related Texas State Boards for professional counselors complete and share disciplinary action reports with clients, employers, and the public as to any professionals against whom they impose discipline. Don't doubt your Texas State Board's commitment and resources to pursue its disciplinary charges against you. Instead, get our defense help.
Responding to Texas Consumer Complaints
To avoid or minimize the risk of a Texas State Board disciplinary charge, you should retain our highly qualified defense attorneys the moment you learn of a concern over your professional practice in which the concerned individual expresses an intent to complain to your State Board. Clients and colleagues are the most likely to complain. They directly observe your professional services and are thus in the best position to observe your suspected shortcuts or other wrongs. When you retain us on first notice of a potential complaint, we can help you document and diplomatically present your explanation for your actions to the concerned individual. Our presentation may convince the individual that the concern was unjustified and that you committed no violation of any professional rule or standard. Do not threaten or coerce a concerned individual against complaining to the Texas State Board. Doing so may lead to disciplinary charges for obstructing an investigation. Let us help.
Texas State Board Disciplinary Grounds
Each of the above Texas Occupation Code Chapters 501, 502, 503, and 505 further list the specific grounds on which their respective Texas State Boards may discipline their licensed counseling professionals. Our attorneys can defend you against disciplinary charges alleging any of the enumerated grounds, as reflected in the following subsections.
Psychologist Grounds for Discipline
Texas Occupations Code Section 501.401 authorizes disciplinary charges on the following grounds:
- violating Chapter 501;
- violating a State Board rule adopted under Chapter 501;
- felony conviction;
- misdemeanor conviction for a crime of moral turpitude;
- practicing while impaired by drugs or alcohol;
- fraud or deceit in connection with services;
- unlicensed psychology practice;
- aiding or abetting unlicensed psychology practice; and
- malpractice creating statutory civil liability.
Marriage and Family Therapist Grounds for Discipline
Texas Occupations Code Section 502.351 authorizes disciplinary charges on the following grounds:
- misdemeanor conviction for a crime of moral turpitude;
- felony conviction;
- obtaining a license by fraud or deception;
- professional practice impaired by drugs or alcohol;
- grossly negligent professional service;
- mental incompetence adjudication;
- practice detrimental to public health or welfare;
- deceptive or fraudulent advertising;
- license revocation by another agency;
- violating Chapter 502;
- violating State Board rules adopted under Chapter 502; and
- malpractice creating statutory civil liability.
Professional Counselor Grounds for Discipline
Texas Occupations Code Section 503.401 authorizes disciplinary charges on the following grounds:
- violating Chapter 503's provisions, including the requirement of obtaining a license to practice;
- violating a rule that the Texas State Board adopts under the chapter;
- violating a code of ethics the State Board recognizes;
- committing malpractice, giving rise to statutory civil liability;
- suffering mental incompetence commitment; and
- compensating anyone to solicit or refer patients.
Social Worker Grounds for Discipline
Texas Occupations Code Section 505.251 authorizes disciplinary charges on the following grounds:
- violating Chapter 505 or State Board rules adopted under it;
- circumventing or scheming to circumvent Chapter 505 rules;
- unethical conduct;
- conduct tending to discredit the social work profession;
- fraudulent, deceitful, or misleading acts;
- breaching client confidences;
- license denial or discipline in another state or jurisdiction
- felony conviction;
- discriminatory denial of services; and
- malpractice giving rise to statutory liability.
Texas State Board Investigations
The four related Texas State Boards licensing social workers, psychologists, marriage and family therapists, and professional counselors each have the authority under Texas Occupation Code Chapters 501, 503, 503, and 505 to investigate complaints against their licensed professionals. The Texas Behavioral Health Executive Council, coordinating the work of all four related State Boards, maintains an Enforcement Division to handle the investigation. The Enforcement Division reviews complaints for credible merit to determine whether to assign an investigator or dismiss the complaint. The Enforcement Division notifies the accused professional counselor in writing if assigning an investigator to a new open case. The investigator obtains witness statements and documentation to produce a recommendation on whether to pursue a formal disciplinary charge. The investigator shares the recommendation with the accused counselor for response.
Texas State Board Investigation Response
Retain us the moment you learn of a Texas State Board investigation. Do not respond on your own without our skilled representation. We can help you gather and present your exonerating and mitigating evidence in a complete, comprehensive, accurate, and truthful manner. Any error you make or inconsistency you exhibit in your response may become grounds for an obstruction charge against you. Let us ensure that your answers are appropriate and do not unduly increase your disciplinary risks.
Texas State Board Disciplinary Sanctions
Texas Occupation Code Chapters 501, 503, 503, and 505 authorize their respective Texas State Boards to impose progressive sanctions on their licensee counseling professionals. For example, Section 503.201 authorizes the State Board to “revoke, suspend, suspend on an emergency basis, [or] place on probation” the license of a professional counselor. For another example, Section 501.411 authorizes the State Board to fashion a remedial plan “revoking, suspending, limiting, or restricting” the psychologist's license or assessing a civil penalty. Common limitations or restrictions involve the scope of practice, location of practice, supervision of practice, practice populations, and practice hours. Common terms or conditions of probation include mentoring, monitoring, evaluation, treatment, counseling, additional training, or additional education.
Mitigating Texas State Board Sanctions
The above wide range of potential disciplinary sanctions gives our attorneys the opportunity to make your best case for mitigating sanctions. We may be able to show your Texas State Board that you have already met or can readily meet its duty to protect clients and the public through your remedial measures. You may be ready, willing, and able to undergo your own private evaluation, treatment, or counseling or accept helpful mentoring, training, and education. Your actions may convince Texas State Board officials not only that you are a safe and competent practitioner but also that you have good character for self-awareness, self-control, professional comportment, and professional discipline. We can advise you on your best remedial plan to meet the expectations and interests of State Board officials. We may also be able to show these other mitigating factors:
- your conduct caused no client harm or loss;
- you suffered an emergency or other extraordinary circumstance;
- you had a sudden medication reaction or other medical event, and
- you have a long and unblemished practice record.
Texas State Board Discipline Impacts
Texas State Board discipline can carry deep and lasting impacts. Be sure that you understand the potential collateral consequences when you are determining how to proceed with your disciplinary defense. Your risks begin with loss of your employment if you lose your license to suspension or revocation, or your employer will not accept your lesser disciplinary sanction. Losing your ability to practice means notifying your clients of the termination of your services. License discipline in Texas may mean losing licenses you hold in other states. License discipline in Texas may also mean losing your ability to get a new license in another state, giving your Texas discipline a national impact. Employment and practice loss may mean substantial loss of income with all attendant personal, family, household, and financial obligation impacts.
Texas State Board Hearing and Appeal
Your Texas State Board must respect your constitutional due process rights when pursuing disciplinary charges against your counseling professional license. You have a constitutionally protected property or liberty interest in your professional practice. Your Texas State Board will offer you a hearing. You must, though, invoke your hearing rights, or the State Board may proceed by presuming your responsibility for the alleged misconduct. We can represent you at your hearing and take all other available appeals and avenues for relief until we achieve your best possible disciplinary outcome.
Premier Texas State Board License Defense
Call 888.535.3686 or complete this contact form now to retain the Lento Law Firm's premier Professional License Defense Team if you are a Texas psychologist, social worker, marriage and family therapist, or professional counselor facing State Board disciplinary charges. Our skilled and experienced attorneys have helped hundreds of professionals nationwide with successful defenses of disciplinary charges.
