The Texas Behavioral Executive Council (BHEC) regulates and monitors marriage and family therapists, professional counselors, psychologists, and social workers in Texas. As such, BHEC receives, processes, and investigates all complaints against these behavioral health professionals. If necessary, BHEC pursues formal disciplinary action against professionals for violating the rules and laws that govern them.
A professional counselor license defense attorney can assist you through the complaint process and any subsequent disciplinary proceedings you may face. Together, you can work to clear your name from the allegations against you and continue working in your chosen field.
BHEC Investigation of Complaints
Under state law, the Enforcement Division of the BHEC has a duty to investigate all complaints promptly. BHEC must establish a schedule for each processing phase of the complaint within its control, which must begin no more than 30 days following receipt of the complaint. If the schedule must change, all parties must be notified within seven days of the change.
Under 22 Tex. Admin. Code §884.10, BHEC staff must initially classify complaints into “High Priority” and “Regular Priority” complaints. “High Priority” complaints consist of those that involve allegations of sexual misconduct or a probability of imminent physical harm to the public or a member of the public. “Regular Priority” complaints include all other complaints not categorized as “High Priority” and involving state or federal law violations.
BHEC also must initially determine whether it has jurisdiction over the complaint and, if so, whether the complaint states an allegation that would constitute a violation of the rules or laws that the BHEC enforces. Lack of jurisdiction will lead to BHEC dismissing the complaint or referring it to the appropriate agency with jurisdiction. However, if BHEC determines that it has jurisdiction over the complaint, it will assign an investigator to perform a full investigation.
The investigator is responsible for giving the licensee written notice of the complaint and performing the investigation. Once the investigator has completed the investigation, they will submit a comprehensive investigation report to the BHEC with a recommendation as to whether there is probable cause that the licensee has violated a law or rule based on the evidence.
Disposition of Complaints
Informal Conferences
If BHEC staff determines, based on the completed investigation, that a licensee has committed a violation, they can conduct an informal conference with BHEC staff or the agency’s Disciplinary Review Panel under 22 Tex. Admin. Code §884.11. The purpose of this conference is to allow the licensed party to respond to the complaint and prove compliance with the rules and laws, as well as for BHEC to make a recommendation to resolve the complaint informally.
However, informal conferences are only appropriate in cases in which there is no need for expert testimony to prove a violation of the standard of care or scope of practice for the profession. After an informal conference, BHEC may:
- Dismiss the complaint; or
- Offer a settlement to the licensee.
If the licensee rejects the settlement and the parties cannot reach an agreed-upon resolution, the case moves to the contested stage.
Contested Cases
If a case becomes contested, BHEC refers it to the State Office of Administrative Hearings (SOAH), which assigns it to an administrative law judge (ALJ). The ALJ holds an administrative hearing to determine whether the licensee has violated their profession’s laws or rules. Under 22 Tex. Admin. Code §884.12, after the hearing, the ALJ must submit a Proposal for Decision (PFD) to BHEC for review, which contains findings of fact and conclusions of law. Ultimately, BHEC approves and enters the final order in disciplinary cases.
Sanctions Issued by BHEC in Disciplinary Cases
22 Tex. Admin. Code §884.20 addresses the various sanctions BHEC can assess in a disciplinary case. These sanctions may include:
- 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.
This section also includes a penalty matrix listing common violations and the recommended sanctions for each, assuming they are first-time and isolated violations. Therefore, a previous disciplinary history may result in more severe sanctions than listed on the penalty matrix, as can a single incident that gives rise to multiple violations. Additionally, BHEC may impose other sanctions as the violations merit rehabilitating and educating the licensee and protecting the public.
However, the BHEC may impose more severe or less severe sanctions against a licensee than recommended in the penalty matrix based on the existence of aggravating or mitigating factors as outlined in this section. Aggravating factors are those that may increase the severity of unprofessional conduct, justifying the imposition of a more severe penalty, and include, but are not limited to, 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, 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.
On the other hand, mitigating factors are those that may reduce the severity of unprofessional conduct and include, but are not limited to 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.
Get Legal Advice and Defend Your Behavioral Health License
A complaint against your psychologist or therapist license can be devastating, primarily when you have worked hard to reach that point in your career. Disciplinary proceedings can have potentially adverse effects on your career. Trying to handle disciplinary proceedings on your own before the BHEC is risky when you have so much at stake. A social worker license defense lawyer at Bertolino LLP can evaluate your situation and determine the best strategy to protect your license. Call us today at (512) 515-9518 or get more information about us online.
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