The Texas Behavioral Executive Council (BHEC) licenses and regulates several kinds of behavioral health professionals, including social workers. These professionals are subject to various rules and laws that govern their profession. If you are accused of violating one of these laws or rules, you may face disciplinary proceedings before the BHEC. A social work license defense attorney can help you navigate your disciplinary proceedings. Together, you can work to maintain your social work license and continue your career as a social worker.
Potential Sanctions for Social Workers in Disciplinary Cases
22 Tex. Admin. Code §884.20(b) outlines the possible sanctions that a social worker can face in a disciplinary case, which include the following, in descending order of severity:
- License revocation;
- License suspension for a definite period;
- License suspension plus probation for part or all of the suspension period;
- Probation for a definite period;
- Reprimand; and
- Administrative penalty (not to excess $5,000 per violation).
Under 22 Tex. Admin. Code §884.20(d), BHEC also can place additional restrictions or conditions on a social worker’s license, if necessary to facilitate the rehabilitation and education of the licensee and protect the public:
- Consultation with the licensee on matters of ethics rules, laws and standards of practice by a licensed professional approved by BHEC;
- Restrictions on the licensee’s ability to provide certain types of services or to provide services to certain classes of patients;
- Restrictions on the licensee’s supervision of others in a particular area of practice;
- Completion of a specified number of continuing education hours on specified topics approved in advance by BHEC in addition to any minimum number required of all licensees as a condition of licensure;
- Taking and passing with the minimum required score of any examination required by BHEC of a licensee; and
- Undergoing a psychological or medical evaluation by a qualified professional approved in advance by BHEC and undergoing any treatment recommended pursuant to the evaluation.
Aggravating and Mitigating Factors Used in Determining Sanctions
BHEC can impose sanctions that are less or more severe in a particular case based certain aggravating and mitigating factors. The following factors are not exhaustive. BHEC can consider other relevant factors that may have an aggravating or mitigating effect on a licensee’s sanctions in a specific case.
Aggravating factors are those that may make unprofessional conduct worse, and, as a result, may merit a more severe sanction. These factors include the following:
- Physical or emotional harm and the type and severity thereof;
- Economic harm to any individual or entity and the severity thereof;
- Increased potential for harm to the public;
- Attempted concealment of misconduct;
- Premeditated conduct;
- Intentional misconduct;
- Prior written warnings or written admonishments from any supervisor or governmental agency or official regarding statutes or regulations pertaining to the licensee’s practice;
- Prior misconduct of a similar or related nature;
- Disciplinary history;
- Likelihood of future misconduct of a similar nature;
- Violation of a BHEC order;
- Failure to implement remedial measures to correct or alleviate harm arising from the misconduct;
- Lack of rehabilitative effort or potential; and
- Improper or inappropriate motive.
Conversely, mitigating factors are those may reduce the severity of unprofessional conduct and therefore may merit a less severe sanction. Mitigating factors include the following:
- Acceptance of responsibility;
- Self-reporting of unprofessional conduct;
- Implementation of remedial measures to correct or mitigate harm arising from the unprofessional conduct;
- Good-faith motive;
- Rehabilitative efforts or potential; and
- Prior community service.
Under 22 Tex. Admin. Code §884.21, BHEC has the ultimate authority to determine the appropriate sanction for a social worker in disciplinary proceedings. BHEC will consider any recommendation made by an administrative law judge (ALJ) as to the sanctions to be imposed following a contested hearing, but that decision is reserved to BHEC.
| Standard Sanctions for Certain Violations |
| 22 Tex. Admin. Code §884.20(c) lists some common violations for social workers and the standard sanctions for those violations. However, BHEC may impose more or less severe sanctions for those violations based on the existence of mitigating or aggravating factors.
The standard sanctions listed for certain violations in this section are as follows:
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