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Licensed Chemical Dependency Counselors

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Texas chemical dependency counselors dedicate themselves to helping individuals struggling with drug and alcohol addiction. A complaint against your Licensed Chemical Dependency Counselor Program license can put your career and livelihood in jeopardy. That’s why if you receive a notice of a complaint, you should seek the legal help of an experienced professional license defense attorney.

The Texas Health and Human Services Commission (HHSC) regulates licensure for Licensed Chemical Dependency Counselor Programs, Counselor Interns (CI) or a Clinical Training Institution (CTI) or LCDC Continuing Education Provider (CEP).

When you are notified of a complaint against your Licensed Chemical Dependency Counselor Program license, it is important that you assert your rights. According to Texas law, a client has up to five years after terminating a professional relationship to file a complaint against a licensed human services professional. If the client is a minor, the amount of time allowed is extended.

Common complaints

The common reasons why a complaint may be brought against your Licensed Chemical Dependency Counselors license include:

  • Breaches of confidentiality;
  • Inappropriate relationships and boundaries with clients, including dual relationships;
  • False, misleading or deceptive advertising of services;
  • Failure to maintain accurate records or other paperwork;
  • Insurance and Medicaid fraud;
  • Failure to report information on abuse of minor clients;
  • Criminal activity; and
  • Unprofessional conduct.

Following a complaint, the Complaints Management and Investigative Section of HHSC to will determine whether or not the complaint is valid. The process may be followed by an investigation, in which you will have the option of responding to the allegations brought against you. The HHSC will take your statement and any evidence gather from the investigation into account, which they may use to dismiss the complaint.

However, the HHSC could proceed through the investigatory process, which may require an informal conference, a remedial plan or administrative hearing. The Board’s final decision can be appealed at the Travis County district court level. You may have the opportunity to present evidence and summon witnesses.

State code (Texas Occupations Code sec. 504.103) states that the department keeps records of:

  • The date of the complaint;
  • Name of complainant;
  • The complaint subject matter;
  • Each person contacted in relation to the complaint;
  • A summary of results stemming from the investigation; and
  • An explanation for action taken or not taken by the department.
  • The department will then keep an information file of the complaint, and depending on the disposition of the complaint, the department will notify all parties involved.

If the Board finds the complaint credible, you could be faced with a formal reprimand. Additionally, your Chemical Dependency Counselor Program license could be suspended or revoked. The disciplinary actions taken against your license can also be published online by the Commission for up to seven years. That’s why you should seek the legal advocacy of an attorney who understands the process.

Our law firm will stand up for you

The attorneys at Bertolino LLP have the experience to help licensed Chemical Dependency Counselors navigate through the process. We’ll work to protect your license and career every stop of the way. Contact us today to schedule your consultation.

10.0Tony Ray Bertolino

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