One misstep or error in judgment can lead to disciplinary proceedings before the Texas Behavioral Health Executive Council (BHEC). When facing a disciplinary complaint, consulting a social work license defense lawyer to defend your license can be crucial to successfully fight misconduct allegations and reach a positive outcome in your case.
Every professional occupation has laws and regulations that govern them. Some of these laws prevent certain individuals from obtaining professional licensure, including a Texas state law concerning social work and psychologist licensure.
In 2019, the Texas state legislature reclassified social workers and psychologists as part of the health care profession under Tex. Occ. Code §108.052.
The change in the law permanently banned applicants with certain felonies from obtaining social work and psychologist licenses. Unlike the previous law, the licensure denial occurs automatically, without regard to the facts or circumstances of individuals’ cases. The felonies include those that require individuals to register as sex offenders or that involve the use or threat of force.
The law passed with little fanfare, including with no input from BHEC on the implications of the law. The current BHEC executive director advised that the agency denied five applicants licensure this year, which is consistent with past years.
The purpose of the law was allegedly to address concerns about healthcare professionals using their positions of authority to commit criminal offenses against vulnerable patients. In practice, the law categorically prevents certain persons from obtaining licenses, regardless of BHEC’s opinion of that person’s suitability for licensure.
BHEC says the law is also at odds with a complete lack of mental health professionals and social workers to address a steadily increasing mental health and substance abuse crisis.
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While the agency has adopted every possible avenue to expand licensure opportunities, those efforts have been insufficient to contain or even begin to address the crisis. Social workers are often the first point of contact for individuals seeking assistance with mental health or substance abuse issues.
Despite the severe dearth of social workers, no type of social worker – clinical, master, or baccalaureate – allows licensees with certain felonies in their backgrounds.
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Furthermore, a full one-third of Americans have a criminal record. Thousands of laws in every state make it more difficult for Americans with criminal histories to work at all, let alone work in licensed professions. In response to this state law, the Institute of Justice is helping two Texas residents challenge it by filing a lawsuit against the state.
One Texas woman has an old assault conviction from when she turned to drugs during a low point in her life. She used her time in jail to earn her GED and make a fresh start for herself, free from substance abuse.
Ultimately, she obtained bachelor’s and master’s degrees in social work but was denied licensure when she sought a license after the 2019 law change. She appealed twice, but a third failed appeal would forfeit her right to obtain a social work license.
Another Texas woman had alcohol use disorder because of abuse that she had suffered as a child. One night, she drove away from a gas station after an off-duty police officer approached her.
He claimed she injured him, and she pled guilty to assault, serving several years of probation. Years later, she found faith, treatment, and sobriety. As she had the desire to help others struggling with alcohol addiction, she began pursuing a master’s degree in social work. However, once she applied for licensure, she received an automatic denial due to the 2019 law.
Both women, with the backing of the Institute of Justice, take the position that they have served their time and should not be categorically denied licensure.
As a result of their backgrounds, they also believe that they are in a better position than most to assist people with substance abuse issues. Both women received initial responses from BHEC stating that they were eligible for social work licenses, but that all changed with the passage of the 2019 law.
For now, the women continue their quest to become social workers, hoping the lawsuit will resolve in their favor.
Contact Your Texas Social Work License Defense Lawyers Today
Our experienced social work license defense attorneys at Bertolino LLP know how important it is to continue working in your chosen field. Therefore, we will advocate on your behalf to put you in the best possible position to protect your license and career.
Together, we will work to help you maintain your license and professional future. Call us at (512) 980-3751 or contact us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
