The Texas Behavioral Health Executive Council (BHEC) is the state agency that oversees licensing and disciplinary proceedings for several licensed professions, including professional counselors and marriage and family therapists. As is the case with all licensed occupations, clients, colleagues, and other third parties can report counselors and therapists for alleged misconduct. BHEC receives, considers, and investigates any such complaints. Your Texas counseling license defense lawyers are here to help you devise the best strategy to defend yourself in any disciplinary proceedings that you may face.
The Framework for Disciplinary Sanctions for Counselors and Therapists
When Texas Behavioral Health Executive Council (BHEC) determines that a counselor or therapist has violated one or more of the rules or laws that govern the profession, it can impose sanctions based on the severity and number of the violations. Under 22 Tex. Admin. Code §801.302, violations by marriage and family therapists are assigned Levels 1 through 4, with Level One violations being the most serious and Level Four the least serious, as follows:
- Level One–Revocation of license. These violations evidence intentional or gross misconduct on the part of the licensee or cause or pose a high degree of harm to the public or may require severe punishment as a deterrent to the licensee or other licensees.
- Level Two–Suspension of license. These violations involve less misconduct, harm, or need for deterrence than Level One violations, but may require suspension of licensure for a period of time.
- Level Three–Probated suspension of license. These violations do not involve enough harm, misconduct, or need for deterrence to warrant suspension of licensure, yet are severe enough to warrant monitoring of the licensee to ensure future compliance. Probationary terms may be ordered as appropriate.
- Level Four–Reprimand. These violations involve inadvertent or relatively minor misconduct or rule violations not directly involving the public’s health, safety, and welfare.
Additionally, BHEC may assess an administrative penalty for any violation instead of, or in addition to, other sanctions. Administrative penalties reach a maximum amount of $5,000 per violation. Each day a violation continues or occurs, it is a separate violation for the purpose of imposing an administrative penalty.
For professional counselors, 22 Tex. Admin. Code §681.203 outlines a similar scheme classifying violations to determine sanctions. This schedule adds a fifth level of violations. Accordingly, Level Two violations require an extended license suspension, whereas Level Three violations mandate a moderate license suspension. In addition to administrative penalties of up to $5,000 per violation per day, counselors also may be required to refund all or a portion of fees received from a consumer.
Sanctions for Specific Violations
22 Tex. Admin. Code §801.305 lists various violations of the laws and rules governing marriage and family therapists and identifies the level(s) each violation falls within. As a result, licensees can clearly understand what type of sanctions they are likely to face for a specific violation.
For example, 22 Tex. Admin. Code §801.45(b)-(d) prohibits sexual contact between therapists and current or former clients, therapists and supervisees, supervisors, associates, interns, and students. These sections also prohibit therapeutic deception and sexual exploitation. Violations of these sections are Level One violations, which can result in license revocation. Likewise, 22 Tex. Admin. Code §801.47(b) prohibits therapists from promoting or encouraging the illegal use of alcohol or drugs by a patient. This section also is a Level One violation that carries the potential for license revocation.
Level Two violations include:
- Using alcohol or drugs in a manner that adversely affects the licensee’s ability to provide marriage and family therapy services;
- Offering an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child unless the licensee has conducted a child custody evaluation relating to the child;
- Providing services when they know or should know that their physical or mental health or lack of objectivity are likely to impair their competency or harm a client or other person with whom they have a professional relationship;
- Aiding or abetting the unlicensed practice of marriage and family therapy services by a person required to be licensed under the Act; and
- Receiving commissions, rebates, or any other form of remuneration for the referral of clients for professional services. However, compliance with the Texas Health and Safety Code, Chapter 164 (relating to Treatment Facilities Marketing and Admission Practices) is not considered a violation of state law regarding illegal remuneration.
Professional counselors have their own matrix classifying different violations and accompanying sanctions under 22 Tex. Admin. Code §681.205. Level One violations for professional counselors include:
- Aiding or abetting the unlicensed practice of professional counseling by a person required to be licensed under the Act;
- Participating in the falsification of any materials submitted to BHEC;
- Having sexual contact with or sexually exploiting clients, associated supervised by the licensee, or students; and
- Committing therapeutic deception of a client.
Non-Disciplinary Sanctions
22 Tex. Admin. Code §801.303 provides for non-disciplinary sanctions for minor violations in the form of warning letters and conditional letters of agreement. A warning letter advises the licensee of their duties under the relevant laws or rules and expresses any concerns about the circumstances surrounding a disciplinary complaint about the licensee. The licensee is not required to act based on a warning letter.
On the other hand, a conditional letter of agreement goes beyond a warning letter and creates affirmative conditions that the licensee must follow to avoid further disciplinary action. A conditional letter of agreement advises the licensee of the licensee of their duties under the applicable law and rules. However, a conditional letter of agreement also identifies the conduct or omission in the disciplinary complaint and sets conditions for the licensee to resolve these violations. A licensee must sign the conditional letter of agreement for it to be operative. Failure to comply with conditions in the specified time frame outlined in the conditional letter of agreement will result in a new disciplinary complaint against the licensee, with the potential for further sanctions.
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Get the Advice You Need About Your Therapist or Counseling License
When you face a disciplinary complaint concerning your therapist or counseling license, you risk significant sanctions, which may result in losing your job, reputation, and livelihood. Don’t try to handle such a critical situation on your own. The marriage and family therapist license defense lawyers at Bertolino LLP can examine your circumstances and help you determine the most effective means of protecting your license. Call us today at (512) 980-3751 or get more information about us online.
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