Professional Counselors in Texas are licensed by the Texas State Board of Examiners of Professional Counselors, which is governed by the Texas Health and Human Services Commission (HHSC).
If a complaint is filed against you with the Board you will be notified and given the opportunity to defend yourself against the allegations. A formal complaint filed with the Board in response to an alleged violation of the law or professional rules can have profound consequences for your career. Know that you have the right to have an attorney to advocate for you during every stage of the Board's complaint process.
Complaints Against Texas Licensed Professional Counselors
Formal complaints can come from a patient or former patient, a patient's family member, a colleague, superior, or any other interested party. Some of the reasons professional counselors face enforcement action from the Board include allegations of:
- Breach of confidentiality.
- Violating provisions of the Licensed Professional Counselor Act, Board Rules, or other statutes and laws applicable to Professional Counselors.
- Inappropriate relationships and boundaries with clients.
- False, misleading, or deceptive advertising of services.
- Failure to maintain accurate records or other paperwork.
- Insurance and Medicaid fraud.
- Inaccurate or improper billing.
- Offers to pay or agreement to accept any remuneration for securing or soliciting patronage – accepting or paying kickbacks.
- Failure to report information on abuse of minor clients.
- Allegations regarding the counselor's role in custody or other family law proceeding.
- Criminal activity. Admin. Code § 681.164.
- Unprofessional conduct.
Disciplinary Action Against Texas Licensed Professional Counselors
Disciplinary actions resulting from allegations of misconduct and an ensuring investigation can be severe. The Texas State Board of Examiners of Professional Counselors has the authority to take disciplinary action against your license, such as imposing an administrative penalty, mandating regularly scheduled reports to the executive director (Rule § 681.170), license suspension, or revocation.
The Board publicizes enforcement actions against Professional Counselors on its website, including the names, alleged violation, and accompanying disciplinary action. License denials, surrenders, and revocations will be posted on the Board's website permanently. All other disciplinary actions, including reprimands, administrative penalties, and probated suspensions will be posted on the Board's website for seven years from the date the terms of the Order are met.
Defending Against Allegations of Misconduct
If you have been notified of a complaint filed against you with the Texas State Board of Examiners of Professional Counselors, BERTOLINO LLP can help. We are experienced professional license defense attorneys and we know how to navigate the complaint process against Licensed Counselors. We are prepared to represent you at any legal hearing or proceeding regarding your license.
Our Firm believes that immediately consulting an experienced license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.