Navigating the rules and laws related to your profession can be complex, especially when they frequently change. Keeping up to date with any changes to applicable laws, policies, and regulations can be crucial to the success of your career and the continuation of your livelihood.
Fortunately, an experienced professional counselor license defense attorney at Bertolino LLP will work to keep your informed of your rights and responsibilities under Texas law. We also can represent your interests in any disciplinary proceedings before your licensing board or agency.
You can call us with any questions about the relevant laws and policies as they arise and rely on us to advocate on your behalf before the Texas Behavioral Health Executive Council (BHEC) as needed.
BHEC recently changed the laws governing professional counselors, marriage and family therapists, psychologists, and social workers. These changes became effective on November 14, 2024. Professional counselors should be familiar with these changes to maintain compliance and avoid professional disciplinary issues.
22 Tex. Admin. Code §882.14 – Petition for Waiver or Remediation of Deficiency
This rule relates to a petition for waiver or remediation of a deficiency in an individual’s application for licensure. BHEC can waive a deficiency or allow the applicant to remediate it by setting reasonable conditions on the applicant for approval of the license in some circumstances, as follows:
- The applicant can show:
- Good cause for the deficiency; or
- The deficiency is due to a disaster declared under state law or similar authority in another jurisdiction;
- The prerequisite(s) is not required by federal or state law, or the Texas Constitution;
- The deficiency would not adversely affect the public welfare; and
- Any conditions established by the proper member board of BHEC will ensure that the applicant’s education, training, and experience provide reasonable assurance that the applicant has the necessary knowledge and skills for practice as an entry-level licensee.
The appropriate member board of BHEC is responsible for reviewing petitions for waiver or remediation.
22 Tex. Admin. Code §882.21 – License Statuses
This section describes the different license statuses: active, inactive, delinquent, restricted, retirement, resignation, expired, and revoked. Licensees with active license status are the only ones who can legally practice, subject to any restrictions BHEC imposes.
In contrast, an inactive status prohibits individuals from practicing their profession. These individuals must pay an associated fee and renew their inactive status every licensing renewal period.
They are not subject to any continuing education requirements while inactive. Individuals with inactive status can reactivate their licenses by applying for active status, paying the applicable renewal fee, and showing compliance with applicable continuing education requirements.
Additional requirements apply to individuals with inactive status for four years or more. However, licensees with pending complaints may not opt for inactive status.
Delinquent status is reserved for individuals who fail to renew their active status for any reason. On the other hand, restricted status is for individuals whose licenses are suspended, on probation, or currently required to satisfy some requirements under a BHEC order.
Individuals with active status also may retire their license if they are not subject to a pending complaint or restricted license. Otherwise, individuals may only resign from their licenses with the agreement of BHEC.
Licenses expire when inactive for more than 12 consecutive months unless they are delinquent or inactive pending complaint resolution. Finally, only a BHEC order may revoke a license.
22 Tex. Admin. Code §882.10 – Investigation of Complaints
This section adopts a priority rating system for complaints. High-priority cases are those involving sexual misconduct or the probability of imminent physical harm to the public or a member of the public. Regular priority cases include all other types of complaints.
BHEC’s Enforcement Division must investigate all complaints in a timely manner and establish a schedule for doing so within 30 days of receipt, notifying all participants of the schedule.
The Division must conduct an initial review for jurisdictional purposes. Jurisdictional complaints are assigned to an investigator to investigate and compile a report or a private investigator if staff investigator positions are vacant or insufficient. Upon a showing of probable cause that a violation has occurred, the complaint will be referred for an informal conference.
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22 Tex. Admin. Code §884.60 – Depositions, Subpoenas, and Witness Expenses
This section establishes the authority of BHEC to issue a commission for a deposition, a subpoena to ensure the presence of a witness or the production of tangible items in a contested case before the State Office of Administrative Hearings (SOAH). It also outlines the requirements for such commissions, as well as for the payment of witness-related expenses.
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22 Tex. Admin. Code §885.1 – Executive Council Fees
This section sets forth general provisions for BHEC fees. Specifically, such fees are nonrefundable, nontransferable, and nonwaivable. Individuals must pay all requisite fees online, and BHEC must collect subscription or convenience fees to recover processing costs. Application and renewal fees are required to fund the Office of Patient Protection.
§885.1 also includes a chart of fees effective before and after September 1, 2023. Other provisions in this section address late fees, open records fees, and military exemptions for fees.
Allow Bertolino LLP, to Help You with Your Professional Counselor License
Keeping abreast of changes in applicable state laws can be crucial to safeguarding your career. When disciplinary action results, we recognize the high stakes involved in these proceedings and their potential consequences.
You need an experienced social work license defense attorney to assist you when you receive a complaint that could adversely impact your license. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
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