Sexual relationships between patients and their counselors, psychologists, and therapists violate Texas law and professional ethics. A single complaint to the Texas Behavioral Health Executive Council (TBHEC) can put your license under review before you have a chance to respond.
A complaint filed with a behavioral health board triggers a formal review that runs on the agency’s schedule. Outcomes range from a formal reprimand to full revocation depending on what the board finds in the record.
A Texas psychologist license defense lawyer at Bertolino LLP reviews the initial notice before any response goes out. Statements made without that review can follow the record through every stage that comes after.
Who the Texas Behavioral Health Executive Council Regulates
The Texas Behavioral Health Executive Council (TBHEC) serves as the umbrella agency over the individual boards that establish licensure qualifications and ethical standards for mental health professionals across Texas. The Council oversees licensing for psychologists, professional counselors, and marriage and family therapists.
The TBHEC fields complaints from multiple sources, including employers, patients, and other agencies. Each complaint is reviewed for jurisdiction and potential violations, and a license holder may not learn an investigation has opened until the first notice arrives.
Bertolino LLP has represented mental health professionals before the Council across Texas. A Texas medical license defense lawyer at the firm evaluates each case from the initial notice, because how a license holder responds in those first weeks can set the direction for everything that follows.
Professional Counselors and the Five-Year Rule
Under 22 Tex. Admin. Code § 681.42, a professional counselor may not engage in sexual contact with or sexual exploitation of a client, a supervised Licensed Professional Counselor Associate, or a student who receives the licensee’s professional or educational services. The rule also prohibits therapeutic deception.
The restriction may continue after counseling ends. Sexual contact with a former client after the applicable period may still raise licensing concerns unless the counselor can demonstrate that the relationship does not involve exploitation or harm under the rule.
The Council may consider several facts when reviewing that question, such as:
- The time since therapy, supervision, or educational services ended
- The nature and duration of the professional relationship
- The circumstances surrounding termination
- The former client’s personal history, mental health conditions, and current mental status
- The likelihood of harm to the former client or others
- Statements or conduct that suggested a future romantic relationship
The rule bars sexual contact with a current client. When the allegation involves a former client, Bertolino LLP can look at when counseling ended, what happened afterward, and whether the prior therapeutic relationship continued to influence the client’s mental health.
Psychologist License Rules on Sexual Relationships in Texas
A patient who enters a sexual relationship with a treating psychologist loses access to that doctor’s psychological services under Texas law. 22 Tex. Admin. Code §465.13(b)(4) cuts off the professional relationship in both directions and bars the psychologist from ending treatment to pursue one.
The restrictions do not stop at the current patient. 22 Tex. Admin. Code §465.33 covers former patients where therapeutic influence persists, extends to certain family members of both current and former patients, and holds for a minimum of two years after services end. Sexual harassment and sexual impropriety fall under the same prohibition.
Bertolino LLP reconstructs the full timeline before responding to the TBHEC. Complaints under these sections often surface long after the conduct at issue, and the gap between the events and the investigation can make building the defense more challenging.
Marriage and Family Therapist Restrictions Under Texas Law
22 Tex. Admin. Code §801.45 bars Texas marriage and family therapists from sexual contact with any current or former client. A therapist who has had a sexual relationship with a person may not provide therapeutic services to that person under any circumstances.
The rule also addresses therapeutic deception. A marriage and family therapist cannot tell a client that sexual contact or exploitation is a treatment option, serves a therapeutic purpose, or fits within a treatment plan. The same restriction applies regardless of consent or where the conduct took place.
Bertolino LLP approaches marriage and family therapist cases with full awareness of how broadly the TBHEC reads these restrictions. The board does not limit its review to conduct that occurred in a clinical setting, and the defense must account for that scope.
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How Texas Behavioral Health Law Defines Sexual Exploitation
A sexual exploitation complaint does not always involve physical contact. Section 801.45 also applies when a therapist introduces a sexual element into the professional relationship that compromises the client’s emotional well-being or has no legitimate place in their treatment.
Under this law, sexual exploitation includes:
- Sexual harassment, physical advances, or verbal or nonverbal conduct that is sexual and creates a hostile or offensive environment.
- Behavior or expressions that a reasonable person would interpret as inappropriately seductive or sexual.
- Inappropriate sexual comments about a client’s body, sexual history, or sexual performance.
- Requests for details of a client’s sexual history or preferences outside of legitimate therapeutic need.
- Kissing, fondling, or any intentional physical contact of a sexual nature, as defined under Texas Penal Code §21.01.
- Encouraging or engaging in sexual acts in the presence of a current or former client.
- Any repeated comments, gestures, or acts of a sexual nature, even absent physical intimacy.
A complaint involving any of these behaviors can support a formal TBHEC investigation. Bertolino LLP reviews each allegation against this definition to identify what the record does and does not support.
When to Contact a Texas Psychologist Defense Attorney
An allegation of sexual misconduct or sexual exploitation ranks among the most serious complaints a behavioral health license holder can face in Texas. Mandatory reporting requirements in the health care field mean these complaints can reach employers, credentialing bodies, and other state agencies before a defense is in place, putting the license holder’s professional practice at immediate risk.
A Texas psychologist license defense attorney at Bertolino LLP reviews the complaint, the applicable state laws, and the professional record before any written response goes out. What the TBHEC receives first influences the agency’s initial assessment, and that assessment can be difficult to change once a position appears in writing.
The record a mental health license holder builds in the first weeks of a TBHEC matter can affect how the rest of the case develops. Building that record carefully before any response goes out gives the defense a stronger foundation.
Protect Your Behavioral Health License in Texas
At Bertolino LLP, we have defended Texas mental health professionals before the Texas Behavioral Health Executive Council since 2003, representing thousands of license holders statewide. We understand how quickly a complaint can escalate within the behavioral health licensing system.
Sexual relationships between patients and their counselors, psychologists, and therapists produce some of the most scrutinized complaints the TBHEC handles. We have defended license holders through that process since 2003 and know where these cases tend to break down.
A Texas psychologist license defense lawyer on our team is ready to review your situation and help you understand your options. Contact our Client Success Liaison to schedule a complimentary consultation.
Call or text (512) 515-9518 or complete a Case Evaluation form
