The Texas Behavioral Health Executive Council (TBHEC) licenses and regulates various mental health professionals, including social workers, professional counselors, psychologists, and marriage and family therapists, to ensure compliance with applicable rules and regulations. Having experienced legal counsel on your side when dealing with BHEC can significantly impact reaching a positive outcome in your case. Therefore, you should consult a professional counselor license defense attorney for help if you are facing a complaint before BHEC.
BHEC Sanction Guidelines
22 Tex. Admin. Code §884.20 outlines standard disciplinary sanctions and guidelines for the mental health professionals that BHEC licenses and governs. Standard sanctions in BHEC disciplinary actions generally apply to one-time violations without aggravating or mitigating factors. These sanctions, in order of descending severity, include:
- Revocation;
- Suspension for a definite period;
- Suspension plus probation of any or all the suspension period;
- Probation of the license for a definite period;
- Reprimand; and
- Administrative penalty.
In disciplinary proceedings, BHEC also may place specific conditions or restrictions on an individual’s license, such as:
- Required consultation on matters of ethics rules, laws, and standards of practice by a licensed professional approved by BHEC;
- Restrictions on their ability to provide certain types of services or to provide services to certain classes of patients;
- Restrictions on their supervision of others in a particular area of practice;
- Completion of a specified number of additional continuing education hours on specified topics approved in advance by the BHEC;
- Taking and passing with the minimum required score of any examination required by BHEC; and
- Undergoing a psychological or medical evaluation by a qualified professional approved in advance by BHEC and undergoing any recommended treatment.
This section also outlines the standard sanctions for some common disciplinary violations, such as:
- §882.30 Display of License – administrative penalty
- §882.31 Advertising Restrictions – reprimand
- §882.32 Duty to Update Name and Address – administrative penalty
- §882.33 Disclosure of Proprietary Examination Materials or Information Prohibited – suspension
- §882.34 Filing of False or Misleading Information with the Council – suspension
- §884.30 Cooperation with Council Investigations – suspension
- §884.31 Notice to the Public of Complaint Process – administrative penalty
- §884.32 Reportable Legal Action and Discipline – administrative penalty
Aggravating and Mitigating Factors
Under §22 Tex. Admin. Code §884.20(e)-(f), BHEC may also consider various aggravating and mitigating factors in deciding the appropriate sanction in disciplinary proceedings. Aggravating factors can increase the severity of unprofessional conduct, as well as the sanction, and 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, governmental agency, or official regarding statutes or regulations about 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 Council 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 can reduce the severity of the licensee’s conduct and, therefore, the sanction, such as 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.
How does BHEC determine what sanctions are appropriate for a violation?
If BHEC determines, after an investigation, that a mental health professional has violated one or more of the rules or laws governing their profession, it can assess sanctions. The ultimate sanction in a case may be impacted by a history of discipline and/or the severity of the misconduct involved.
For marriage and family therapists, all violations fall within Levels One through Four, with Level One violations being the most serious and Level Four violations being the least serious. Level One violations will result in a license revocation, and Level Two violations will result in a license suspension. Level Three violations will result in a probated license suspension with appropriate probationary terms. Level 4 violations will result in a reprimand. Furthermore, any level violation can result in the assessment of an administrative penalty of up to $5,000 per violation per day. An administrative penalty is in addition to the sanction based on the classification of the violation.
Can BHEC assess a non-disciplinary sanction if it finds that a licensee has violated a rule or law?
BHEC can assess non-disciplinary sanctions for minor violations. A non-disciplinary sanction can be in the form of a warning letter, a conditional letter of agreement, or a remedial plan (in the case of licensed psychologists).
What is a remedial plan, and how does it work?
Complete a Case Evaluation form now
Under 22 Tex. Admin. Code §884.51, a remedial plan is a non-disciplinary measure that BHEC can use to resolve a complaint against a licensed psychologist. However, this section places limitations on the use of a remedial plan. For instance, BHEC may not use a remedial plan to resolve a complaint involving significant patient harm or any situation in which the appropriate resolution could involve a restriction or limitation on the licensee’s practice or the suspension or revocation of a license. The licensee may also be required to pay a fee for administering the remedial plan.
Can BHEC temporarily suspend a license?
BHEC can temporarily suspend a license if BHEC or its executive committee determines that continued practice by the licensee would constitute a continuing and imminent threat to the public health, safety, or welfare. Before a temporary suspension can occur, a suspension panel must vote on the matter after BHEC staff presents evidence at a temporary suspension hearing. BHEC can also issue a temporary suspension without notice in appropriate circumstances under §507.302(b) of the Tex. Occupations Code and 22 Tex. Admin. Code §884.40.
We Can Advocate on Your Behalf in Disciplinary Proceedings Before BHEC
The social worker license defense lawyers of Bertolino LLP are here to guide you throughout the disciplinary complaint process. Regardless of the allegations you may be facing, we can work to protect your interests and minimize the negative effects of a complaint on your license and career. Our goal is to assist you in resolving the allegations against you and maintaining your professional license. Call us today at (512) 980-3751 to reach the offices of Bertolino LLP or contact us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
