TX LPC Juris flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Licensed Professional Counselor Act

Chapter 503 of the Texas Occupations Code; it defines counseling, establishes licensure requirements, and authorizes disciplinary action against licensees by the state.

Statutory definition of counseling

Assisting an individual or group, through a therapeutic relationship, to resolve personal, social, or psychological problems and to modify behavior, as set out in Chapter 503.

License required to practice

A person may not practice or offer to practice counseling for compensation, or represent themselves as an LPC, without a license, except for statutory exemptions.

Clergy exemption

Chapter 503 does not apply to recognized clergy performing counseling as part of their ministerial duties, provided they do not hold themselves out as licensed professional counselors.

Client-counselor privilege

Communications between a client and an LPC are confidential and privileged; the privilege belongs to the client, who may waive it, subject to statutory exceptions.

Intern exemption

A graduate student or intern may provide counseling as part of a board-approved supervised training program without holding a full license, subject to the supervision rules.

Statutory grounds for discipline

Chapter 503 permits sanctions for obtaining a license by fraud, unprofessional conduct, violation of board rules, and other conduct specified in the statute and rules.

22 TAC Chapter 681

The Texas LPC administrative rules, organized into subchapters covering definitions, licensure, renewal, supervision, continuing education, and standards of practice.

Graduate semester hour requirement

LPC applicants must document a graduate degree that includes at least 60 graduate semester hours, with required counseling-related coursework, practicum, and internship.

Pre-degree practicum requirement

Applicants must complete a supervised practicum of at least 300 clock hours, including a required minimum of direct client contact, as part of the graduate program.

Post-degree internship hours

The internship requires 3,000 clock hours of supervised professional experience, including a required minimum of direct client contact, completed over a minimum period set by rule.

LPC-S supervisor qualifications

A supervisor must hold an active LPC license in good standing, meet the required post-licensure experience, and complete board-approved supervisor training before supervising interns.

Continuing education requirement

Licensees must complete 24 clock hours of approved continuing education in each two-year renewal period, including at least 6 clock hours in ethics.

Biennial license renewal

LPC licenses renew every two years; renewal requires the application, the required fee, and documentation of completed continuing education, and a lapsed license may not be used to practice.

Informed consent requirement

At the start of services the counselor discloses the nature of services, fees, confidentiality and its limits, risks and benefits, and the right to withdraw consent.

Duty to protect

When a client poses a serious and imminent threat of violence to an identifiable person, the counselor must take reasonable protective steps, which may include warning the intended victim.

Mandatory abuse reporting

Texas law requires counselors to report suspected child abuse or neglect, and abuse of elderly or disabled adults, to the appropriate state protective agency.

Sexual contact prohibition

Sexual intimacy with current clients, clients' family members, supervisees, or students is prohibited and constitutes a ground for disciplinary action against the license.

Scope of competence rule

Counselors practice only within the boundaries of their education, training, and supervised experience, and must refer clients whose needs exceed that competence.

Dual relationship rule

Counselors avoid multiple relationships that risk exploitation or impaired objectivity; if one is unavoidable, they must document safeguards and obtain the client's informed consent.

BHEC creation

The Texas Behavioral Health Executive Council was created by 2019 legislation (HB 1501) to consolidate regulation of the behavioral health professions under a single state agency.

Professions regulated by BHEC

BHEC oversees licensing for psychologists, professional counselors, social workers, marriage and family therapists, and chemical dependency counselors through its regulatory programs.

Advisory board role

Each profession's board advises the council on rules, standards, and disciplinary matters, but no longer holds independent authority to license or discipline practitioners.

BHEC executive director

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

Council rulemaking and fees

The council adopts rules in the Texas Administrative Code to implement the licensing statutes and sets the licensing and renewal fees for the regulated professions.

SOAH contested case hearings

Formal disciplinary cases are heard by administrative law judges at the State Office of Administrative Hearings, who issue proposals for decision to the council.

Filing a complaint

Any person may file a complaint against a licensee with BHEC; the agency screens it for jurisdiction and may investigate even if the complainant does not participate further.

Investigation confidentiality

Complaint investigations remain confidential; information may be disclosed only as necessary to conduct the investigation, to the licensee, or as required by law.

Informal settlement conference

A negotiated disposition in which the licensee and agency agree to an order imposing sanctions, resolving the case without a fully litigated contested hearing.

Probated suspension

A disciplinary order that suspends the license but allows continued practice under stated terms and conditions, such as supervision, counseling, or additional continuing education.

Preponderance of the evidence

The standard of proof in a contested disciplinary case; the agency must show that the alleged violation is more likely true than not true.

Judicial review of orders

After a motion for rehearing and exhaustion of agency remedies, a licensee may seek review of the council's final order in a Travis County district court under the substantial evidence rule.