The Texas Behavioral Health Executive Council (BHEC) licenses and regulates various mental health professionals, including social workers, professional counselors, psychologists, and marriage and family therapists, for compliance with applicable rules and regulations. Having experienced legal counsel on your side when dealing with BHEC can be significant in reaching a positive outcome in your case. Therefore, you should consult an professional counselor license defense attorney for help if facing a complaint before BHEC. Here are some Frequently Asked Questions (FAQ) about disciplinary proceedings at BHEC.
Frequently Asked Questions
- What is the Texas Behavioral Health Executive Council (BHEC) and what does it do?
- How does BHEC handle complaints it receives about licensed professionals?
- What happens during a BHEC investigation?
- How do I resolve a disciplinary complaint before the BHEC?
- What types of violations can lead to disciplinary proceedings before BHEC?
- How does BHEC determine what sanctions are appropriate for a violation?
- Is it possible to receive a non-disciplinary sanction for a rule violation?
- What is a warning letter?
- What is a conditional letter of agreement?
What is the Texas Behavioral Health Executive Council (BHEC) and what does it do?
The BHEC is the umbrella state agency for the Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Professional Counselors, Texas State Board of Examiners of Psychologists, and the Texas State Board of Social Worker Examiners. These entities license and monitor mental health professionals for compliance with governing rules and laws. BHEC receives complaints concerning licensed marriage and family therapists, professional counselors, psychologists, and social workers, and takes disciplinary action as necessary.
How does BHEC handle complaints it receives about licensed professionals?
BHEC classifies complaints as “high priority” (e.g., sexual misconduct or imminent public harm) or “low priority” (all other allegations). Complaints are forwarded to the enforcement division of the appropriate licensing agency to determine jurisdiction. If non-jurisdictional, complaints are dismissed. Jurisdictional complaints proceed to investigation.
What happens during a BHEC investigation?
BHEC notifies the complainant and assigns a case number. Investigators review complaints and supporting documentation, and if a violation is identified, notify the licensee with a copy of the complaint and request a response within 30 days. Responses are evaluated; insufficient evidence leads to dismissal, while sufficient evidence is forwarded to the legal division for further disciplinary action.
How do I resolve a disciplinary complaint before the BHEC?
If probable cause is found, the complaint may proceed to an informal settlement conference (ISC) or a proposed settlement offer. The licensee may accept the proposal, request an ISC, or reject resolution. If agreement cannot be reached, the complaint proceeds to the State Office of Administrative Hearings (SOAH), where an administrative law judge (ALJ) conducts a hearing. The ALJ issues a Proposal for Decision (PFD) for review by BHEC.
What types of violations can lead to disciplinary proceedings before BHEC?
Complete a Case Evaluation form now
Violations include sexual contact with clients or students, alcohol or drug misuse affecting practice, offering opinions on custody without proper evaluation, aiding unlicensed practice, falsifying materials, and therapeutic deception. Severity ranges from minor infractions to license revocation offenses.
How does BHEC determine what sanctions are appropriate for a violation?
Sanctions are based on the violation and prior disciplinary history. For marriage and family therapists, violations are classified Levels One through Four: Level One – license revocation, Level Two – license suspension, Level Three – probated suspension with terms, Level Four – reprimand. Administrative penalties up to $5,000 per violation per day may also apply in addition to the sanction.
Is it possible to receive a non-disciplinary sanction for a rule violation?
Yes. Minor violations may result in non-disciplinary sanctions such as a warning letter or a conditional letter of agreement.
What is a warning letter?
A warning letter informs the licensee of their duties under the relevant rules and laws, and expresses concerns about the circumstances of the complaint. No affirmative action is required by the licensee.
What is a conditional letter of agreement?
A conditional letter of agreement requires the licensee to follow certain conditions to resolve the identified violation. The licensee must sign the letter for it to take effect. Failure to meet the conditions may result in a new disciplinary complaint.
Call or text (512) 476-5757 or complete a Case Evaluation form
