TX LPC Juris cheat sheet

Chapter 503 of the Texas Occupations Code is the Licensed Professional Counselor Act; it is the statute that authorizes LPC licensure, defines the practice of counseling, and provides the basis for discipline.

"Counseling" is defined as assisting an individual or group, through a therapeutic relationship, to resolve personal, social, or psychological problems and to modify behavior.

A person may not practice counseling for compensation, or hold out as a licensed professional counselor, without a license issued under the chapter; unlicensed practice exposes the person to administrative penalties and cease-and-desist action.

Statutory exemptions from licensure include recognized clergy acting within their ministerial duties, graduate students and interns completing board-approved supervised training, and persons whose counseling-type services are otherwise regulated by another licensing law.

Communications between a client and an LPC are confidential and privileged; the privilege belongs to the client, may be waived by the client, and is subject to statutory exceptions such as abuse reporting and court orders.

Chapter 503 authorizes the council to deny, reprimand, probate, suspend, or revoke a license, and to impose administrative penalties, for grounds that include fraud in obtaining a license, unprofessional conduct, and violation of board rules.

A license holder must respond to board subpoenas and requests for information; failure to cooperate is itself a basis for disciplinary action.

Legislation in 2019 (HB 1501) abolished the former Texas State Board of Examiners of Professional Counselors and transferred its licensing, rulemaking, and disciplinary authority to the Texas Behavioral Health Executive Council, which now administers Chapter 503.

22 TAC Chapter 681 contains the LPC rules and is organized into subchapters covering general provisions and definitions, licensure requirements, renewal, supervision, continuing education, and standards of practice.

Education requirement: a graduate degree that includes at least 60 graduate semester hours, with a required proportion of counseling-related coursework plus a supervised practicum.

Pre-degree practicum requirement: a supervised practicum of at least 300 clock hours, including a specified minimum of direct client contact hours, completed as part of the graduate program.

Post-degree internship requirement: 3,000 clock hours of supervised experience, including a required minimum of direct client contact hours, completed over a minimum time period set by rule.

Supervisor (LPC-S) requirements: an active LPC license in good standing, a minimum period of post-licensure experience, and completion of board-required supervisor training before supervising interns.

Continuing education: 24 clock hours of approved CE per two-year renewal period, including at least 6 clock hours in ethics; CE records must be retained and produced on request.

Renewal is biennial; a lapsed license must not be used to practice, and practicing on an expired license is a rule violation subject to discipline.

Client records must be created and maintained for each client and released to the council on request; records are disclosed to third parties only with client authorization or as required by law.

Board rules require that counseling delivered through technology (telehealth) meet the same standards of competence, confidentiality, informed consent, and emergency planning as in-person services.

Informed consent is required at the outset: the counselor discloses the nature of services, fees, confidentiality and its limits, risks and benefits, and the client's right to withdraw.

Confidentiality exceptions include serious and imminent threat of harm to self or an identifiable other, suspected child abuse or neglect, abuse of elderly or disabled adults, court orders, and written client authorization.

Sexual intimacy with current clients is prohibited, as is sexual involvement with clients' family members, supervisees, and students; such conduct is a ground for discipline.

Dual or multiple relationships must be avoided when they carry a risk of exploitation or impaired objectivity; if unavoidable, the counselor must document safeguards and obtain informed consent.

Counselors practice only within the boundaries of their education, training, and supervised experience, and must refer when a client's needs fall outside that competence.

Termination and referral rules: counselors do not abandon clients; when services are no longer beneficial or the counselor cannot continue, the counselor provides appropriate referrals.

Fees and advertising: fees are disclosed in advance, no payment is given or accepted for client referrals, and public statements about services and credentials must be accurate and not misleading.

Assessment standards: counselors use valid, reliable instruments, obtain consent for testing, and explain results in language the client can understand.

The Texas Behavioral Health Executive Council (BHEC) was created by 2019 legislation (HB 1501) and consolidated the regulation of the behavioral health professions into a single state agency.

BHEC oversees five licensing programs: psychologists, professional counselors, social workers, marriage and family therapists, and chemical dependency counselors.

The former independent licensing boards were converted into advisory boards that recommend rules and standards but no longer hold independent licensing or disciplinary authority.

Council members are appointed by the Governor; the council adopts rules, sets fees, and makes final decisions on contested licensing and disciplinary matters.

The council appoints an executive director who administers licensing, investigations, enforcement, and agency staff for all regulated professions.

Contested disciplinary cases are heard by administrative law judges of the State Office of Administrative Hearings (SOAH), who issue proposals for decision that the council adopts, modifies, or remands.

Agency functions are divided among licensing staff, investigators, legal counsel, and the council itself, with the council serving as the final decision-maker in disciplinary proceedings.

Any person may file a complaint with BHEC against a licensee; the agency screens each complaint for jurisdiction and legal sufficiency and may act regardless of the complainant's continued participation.

Complaint files and investigations are confidential; information may be released only as needed to conduct the investigation, to the licensee, or as required by law.

Disposition options are dismissal (no jurisdiction or insufficient evidence), an informal settlement conference leading to an agreed order, or a formal complaint filed for a contested hearing.

In a contested case the agency bears the burden of proving the violation by a preponderance of the evidence.

Available sanctions include reprimand, administrative penalty, additional continuing education or supervision, probated suspension, suspension, revocation, and restitution.

If the licensee fails to file a timely answer or fails to appear, the administrative law judge may render a default order and the council may impose sanctions without a full hearing.

After the council's final order, the licensee may file a motion for rehearing and then seek judicial review in a Travis County district court under the substantial evidence rule.