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TX LPC Juris practice questions

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Question 1Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Chapter 503 of the Texas Occupations Code may be cited by which title?

  1. The Licensed Professional Counselor Act Correct answer.
  2. The Mental Health Counselor Statute
  3. The Texas Counseling Practice Act
  4. The Professional Counselor Licensing Code

Explanation

Section 503.001 gives the chapter its short title, the Licensed Professional Counselor Act. The other titles do not appear anywhere in the Occupations Code.

Question 2Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Under Chapter 503, a person must hold a license issued by the board in order to do which of the following?

  1. Serve as a lay minister in a congregation
  2. Practice counseling for compensation Correct answer.
  3. Volunteer as a peer listener at a community center
  4. Teach a high school psychology class

Explanation

The Act prohibits a person from engaging in the practice of counseling for compensation without a board-issued license. Unpaid supportive activities, classroom teaching, and religious ministry are not compensated counseling practice regulated by the chapter.

Question 3Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Which state body administers and enforces Chapter 503?

  1. The Texas Department of Licensing and Regulation
  2. The Texas State Board of Examiners of Professional Counselors Correct answer.
  3. The Texas Medical Board
  4. The Health and Human Services Commission

Explanation

Chapter 503 creates the Texas State Board of Examiners of Professional Counselors and assigns it the licensing and regulatory functions under the Act. The other entities do not administer this chapter.

Question 4Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

How are members of the board that regulates licensed professional counselors selected?

  1. Chosen by the Texas Medical Board
  2. Appointed by the commissioner of the health and human services system
  3. Appointed by the governor with the advice and consent of the senate Correct answer.
  4. Elected statewide by licensed counselors

Explanation

Chapter 503 provides for gubernatorial appointment of board members subject to senate confirmation, the standard method for Texas occupational licensing boards. Licensees do not elect the board, and no other agency selects its members.

Question 5Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

An applicant for a professional counselor license must hold which of the following?

  1. A bachelor's degree in psychology with a counseling minor
  2. An associate degree plus five years of supervised practice
  3. A doctoral degree in clinical psychology only
  4. A master's or doctoral degree in counseling or a related field Correct answer.

Explanation

The Act requires a graduate degree, either a master's or a doctorate, in counseling or a closely related field, along with specified graduate coursework. A bachelor's or associate degree does not satisfy the educational requirement.

Question 6Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

In addition to the educational and supervised experience requirements, an applicant for a counselor license generally must do which of the following?

  1. Pass the examination required by the board Correct answer.
  2. Complete a residency in a psychiatric hospital
  3. Join a professional counseling association
  4. Provide a letter of endorsement from a state senator

Explanation

The Act makes passage of the board's examination a condition of licensure, along with the degree and supervised experience. Political endorsements, hospital residencies, and association membership are not statutory requirements.

Question 7Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Which of the following is the board required to adopt to govern the professional conduct of licensees?

  1. A code of ethics Correct answer.
  2. A statewide counseling curriculum
  3. A schedule of mandatory client fees
  4. A uniform insurance billing manual

Explanation

The Act directs the board to adopt a code of ethics, and a violation of that code is a ground for disciplinary action. Fee schedules, billing manuals, and curricula are not the board's charge under the chapter.

Question 8Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Continuing education completed for renewal of a counselor license must include instruction in which subject area?

  1. Professional ethics Correct answer.
  2. Business management
  3. Real estate law
  4. Advertising and marketing

Explanation

Board rules require that a portion of the continuing education completed for renewal be devoted to professional ethics. The other subjects are business or legal topics unrelated to the required ethics content.

Question 9Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Members of the board serve terms of what length?

  1. Eight years
  2. Six years Correct answer.
  3. Four years
  4. Two years

Explanation

Board members serve staggered six-year terms, which keeps experienced members in place while seats turn over gradually. The Act does not use two-, four-, or eight-year terms for this board.

Question 10Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

The governor may remove a member of the board for which of the following reasons?

  1. Inefficiency, neglect of duty, or misconduct in office Correct answer.
  2. Failure to hold a Texas counselor license
  3. Casting a vote that a licensee group opposes
  4. Declining to attend a national counseling conference

Explanation

The Act authorizes removal for inefficiency, neglect of duty, or misconduct in office, which is the standard removal provision for Texas occupational boards. Disagreement with constituents, licensure status, and travel choices are not grounds for removal.

Question 11Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Which of the following is a sanction the board may impose on a licensee who violates the Act or board rules?

  1. A term of imprisonment
  2. A civil judgment for the client's damages
  3. An order garnishing the licensee's wages
  4. Suspension or revocation of the license Correct answer.

Explanation

The board's disciplinary toolbox includes reprimand, probation, suspension, and revocation of a license. Imprisonment and damage awards come from courts, not from an administrative licensing board.

Question 12Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

As an alternative or supplement to suspending or revoking a license, the board may do which of the following?

  1. Assign the license to another qualified practitioner
  2. File criminal charges in district court
  3. Order the licensee to refund the client's counseling fees
  4. Impose an administrative penalty Correct answer.

Explanation

The Act authorizes the board to assess an administrative penalty against a licensee who violates the chapter or board rules. The board does not prosecute crimes, order refunds, or transfer licenses between practitioners.

Question 13Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

The board denies an application for a counselor license. What procedural right does the applicant have?

  1. A jury trial in district court
  2. No review, because licensing decisions are final
  3. A contested case hearing under the Administrative Procedure Act Correct answer.
  4. An automatic re-review by the full board without a hearing

Explanation

A licensing denial affects a protected interest, so the applicant is entitled to notice and a contested case hearing conducted under the Administrative Procedure Act. There is no jury trial in the agency process, and the decision is reviewable.

Question 14Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Which statement best describes the treatment of information a client discloses to a counselor during a counseling session?

  1. The counselor must disclose it to the client's spouse on request
  2. It becomes public record once the counseling file is closed
  3. It is confidential and may not be disclosed without the client's authorization or a recognized legal exception Correct answer.
  4. It may be shared with other health providers whenever the counselor considers it useful

Explanation

Communications made in the counseling relationship are confidential and privileged, and disclosure requires client authorization or a legal exception such as a court order or mandatory reporting. Counselors do not disclose to family members on request or share records at their own discretion.

Question 15Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A counselor learns during a session that a client is physically abusing the client's own child. What is the counselor's obligation?

  1. Report the suspected abuse to the appropriate authorities notwithstanding confidentiality Correct answer.
  2. Maintain confidentiality absolutely because the client holds the privilege
  3. Wait until the counseling relationship has ended before reporting
  4. Obtain the client's permission before making any report

Explanation

The duty to report suspected child abuse is mandatory and overrides confidentiality; the counselor must report to the designated authorities promptly. Client consent is not required, and delaying the report until termination would violate the reporting duty.

Question 16Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A person has completed the required graduate degree but has not finished the supervised experience required for full licensure. What may the person do in Texas?

  1. Open a private practice if a licensed counselor reviews the file quarterly
  2. Practice independently while preparing for the examination
  3. Obtain an associate-level license and practice under the supervision required by board rules Correct answer.
  4. Advertise as a licensed professional counselor while accumulating hours

Explanation

Pre-licensure practice occurs under an associate license and board-mandated supervision. Independent practice and use of the LPC title before full licensure are not permitted, and periodic file review by another counselor does not substitute for required supervision.

Question 17Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A person who practices counseling for compensation without holding a license under Chapter 503 commits which of the following?

  1. A violation enforceable solely by the client
  2. A criminal offense under the chapter Correct answer.
  3. No violation unless the person also uses the LPC title
  4. Only a civil contract violation

Explanation

Practicing counseling for compensation without a license is made a criminal offense by the chapter, and unlicensed practice may also be enjoined. The violation exists regardless of whether the LPC title is used and is not merely a private contract dispute.

Question 18Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

When a person practices counseling without a license, the board or the attorney general may seek which remedy in court?

  1. An order of nondisclosure
  2. A grand jury indictment
  3. A writ of certiorari
  4. An injunction restraining the unlicensed practice Correct answer.

Explanation

The chapter authorizes the board or the attorney general to petition a court for an injunction to stop unlicensed practice. Indictments come from grand juries, and certiorari and nondisclosure orders serve unrelated purposes.

Question 19Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

An applicant submits a forged transcript in order to obtain a counselor license. What authority does the board have?

  1. The board has no authority once the application fee has been paid
  2. The board may refer the matter only to the college that issued the transcript
  3. The board must issue the license if the applicant later passes the examination
  4. The board may deny the license or discipline the licensee for fraud Correct answer.

Explanation

Obtaining or attempting to obtain a license by fraud is a ground for denying an application or disciplining a licensee. Passing the examination or paying a fee does not cure the fraud, and referral to the school does not exhaust the board's options.

Question 20Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A licensed psychologist counsels clients in Texas using techniques also used by counselors and does not describe herself as a licensed professional counselor. Which conclusion is most accurate?

  1. She is not required to hold a counselor license because she practices within her own licensed profession Correct answer.
  2. She must also obtain a counselor license to continue her practice
  3. She violates the Act because all counseling requires a counselor license
  4. She may counsel only while supervised by a licensed professional counselor

Explanation

The Act regulates counselors; practitioners of other licensed professions who remain within their own scope and do not hold themselves out as counselors are not required to be licensed under Chapter 503. Her psychology license governs her practice, and no counselor supervision is required.

Question 21Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Where should a complaint alleging that a licensed counselor violated the Act be filed?

  1. With the Texas Supreme Court
  2. With the client's insurance carrier
  3. With the board Correct answer.
  4. With the local district attorney

Explanation

Complaints about licensee conduct are filed with the board, which investigates and may pursue disciplinary action. The other bodies do not handle administrative licensing complaints.

Question 22Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

After earning the qualifying graduate degree, an applicant must complete which of the following before being licensed as a counselor?

  1. Twelve semester hours of undergraduate counseling courses
  2. A period of supervised professional experience prescribed by board rules Correct answer.
  3. A one-year internship approved by a hospital
  4. A second bachelor's degree in a related field

Explanation

The Act requires post-degree supervised experience as a condition of licensure, with the specifics set by board rule. Hospital internships, additional undergraduate degrees, and undergraduate coursework are not the statutory prerequisite.

Question 23Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A counselor receives a subpoena for a client's counseling records in a civil lawsuit. The client objects, and no court order has been entered. What should the counselor do?

  1. Deliver the records to the opposing attorney along with a written objection
  2. Withhold the records unless the client consents or a court orders disclosure Correct answer.
  3. Destroy the records so that confidentiality cannot be breached
  4. Produce the complete record immediately because a subpoena is a court order

Explanation

Confidential communications may be released only with the client's authorization or under compulsion of a court order; a subpoena issued by an attorney is not itself a court order. Destroying records or unilaterally producing them would violate confidentiality obligations and record-keeping duties.

Question 24Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

The board adopts a rule prohibiting licensees from practicing in solo offices, a restriction that does not appear in Chapter 503. A licensee challenges the rule. Which analysis is most consistent with the chapter?

  1. The board's rulemaking authority reaches only rules reasonably necessary to administer the chapter, so a restriction with no statutory basis exceeds that authority Correct answer.
  2. The board may adopt any rule it considers beneficial because its rulemaking power is unlimited
  3. The rule is valid if the board publishes it in the Texas Register before adoption
  4. The rule is valid because agencies have inherent authority over every aspect of professional practice

Explanation

An agency's rulemaking power is derived from its statute and extends only to rules necessary to administer that statute. A practice restriction with no basis in Chapter 503 would exceed the board's delegated authority, and publication does not cure that defect.

Question 25Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A counselor begins a romantic relationship with a current client. How is this treated under the Act and board standards?

  1. It is acceptable if the counselor documents that the relationship is clinically beneficial
  2. It is acceptable if the client signs a written consent
  3. It is prohibited with a current client and is a ground for disciplinary action Correct answer.
  4. It is acceptable once the client has paid the final invoice

Explanation

Sexual or romantic involvement with a current client is prohibited and constitutes a ground for disciplinary action; client consent does not cure the violation. Documentation of purported benefit likewise does not make the conduct permissible.

Question 26Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

How many members serve on the Texas State Board of Examiners of Professional Counselors?

  1. Eleven
  2. Thirteen
  3. Nine Correct answer.
  4. Seven

Explanation

Chapter 503 creates a nine-member board appointed by the governor with the advice and consent of the Senate. Six members must be licensed professional counselors and three must represent the public. The composition is set by statute, not by board rule.

Question 27Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Which characteristic would disqualify a person from appointment as a public member of the board?

  1. Residing in Texas
  2. Being a licensed professional counselor Correct answer.
  3. Having prior state employment
  4. Holding a college degree

Explanation

Public members are appointed to represent the public interest and may not be licensed counselors or have a financial interest in counseling. Similar limits apply to a public member's spouse. Holding a degree, residing in Texas, or prior state employment does not disqualify a person.

Question 28Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Who designates the presiding officer of the board?

  1. The governor Correct answer.
  2. The board by majority vote
  3. The lieutenant governor
  4. The executive director

Explanation

The governor designates one board member to serve as presiding officer. The presiding officer serves at the pleasure of the governor. The board does not elect its presiding officer by majority vote.

Question 29Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

What constitutes a quorum for the board to conduct business?

  1. A majority of the members Correct answer.
  2. Three members
  3. All appointed members
  4. The presiding officer and two members

Explanation

A majority of the board's members constitutes a quorum. With a nine-member board, five members can conduct business. A minority of the board or a single officer cannot act for the board.

Question 30Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

How often must a licensed professional counselor renew the license?

  1. Every three years
  2. Every two years Correct answer.
  3. Every year
  4. Every five years

Explanation

Licenses issued under Chapter 503 are renewed biennially, and the board sets renewal procedures and fees by rule. Continuing education is completed within each renewal period. Annual or multiyear cycles are not the statutory norm.

Question 31Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Which designation may be used only by a person licensed under Chapter 503?

  1. Certified behavioral health specialist
  2. Licensed professional counselor Correct answer.
  3. Mental health support worker
  4. Community counseling assistant

Explanation

The Act restricts the use of the title 'licensed professional counselor' and the abbreviation 'LPC' to licensees. Generic terms such as coach, specialist, or aide are not reserved by Chapter 503. Using a protected title without a license violates the Act.

Question 32Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A member of the clergy counsels parishioners as part of pastoral duties and does not hold out as an LPC. How is the person treated under Chapter 503?

  1. The person may practice only with board approval
  2. The person is exempt from licensure Correct answer.
  3. The person must register as an associate
  4. The person must obtain an LPC license

Explanation

Chapter 503 exempts clergy who provide counseling as part of their pastoral duties and do not represent themselves as licensed professional counselors. The exemption is lost if the person holds out as an LPC. Board approval or associate registration is not required for the exempt pastoral role.

Question 33Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A counselor licensed in another state seeks a Texas license by endorsement. What does the board primarily evaluate?

  1. Whether the counselor has completed a Texas residency program
  2. Whether the counselor will retake a master's program
  3. Whether the other state's standards are equivalent Correct answer.
  4. Whether the counselor has ten years of experience

Explanation

The board may issue a license by endorsement to an applicant licensed in another state if that state's requirements are substantially equivalent to Texas requirements. Residency in Texas is not the test, and the board does not require retaking a master's program. The board compares standards, not years of experience alone.

Question 34Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Under Chapter 503, 'counseling' is best described as which activity?

  1. Using a therapeutic relationship to help achieve health or adjustment Correct answer.
  2. Providing legal advice about family law disputes
  3. Selling self-help books and audio programs to the public
  4. Managing the business operations and billing for a counseling clinic

Explanation

Chapter 503 defines counseling as assisting a person or group through a therapeutic relationship to achieve mental, emotional, or physical health or more effective personal, social, educational, or career adjustment. Selling products, managing billing, and giving legal advice are outside that definition. The definition focuses on the therapeutic relationship and the client's functioning.

Question 35Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A client tells a counselor that the client intends to seriously harm an identifiable third person. Under Chapter 503, the counselor may...

  1. Disclose the entire counseling record to the public immediately
  2. Never disclose any confidential information
  3. Disclose only what is necessary to protect the third person Correct answer.
  4. Disclose information only after the harm occurs

Explanation

Confidentiality may be breached when the counselor reasonably believes a third person is in imminent danger of serious harm. The disclosure must be limited to what is necessary to protect the potential victim. A blanket public release or a wait-until-after-harm approach is not permitted.

Question 36Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

Who may claim the privilege for confidential client-counselor communications?

  1. The client or the client's guardian or representative Correct answer.
  2. Any licensed counselor who is practicing in the state of Texas
  3. The counselor alone
  4. The board

Explanation

The privilege for confidential client communications belongs to the client. It may be claimed by the client, the client's guardian, or the client's personal representative. The counselor may assert it on the client's behalf but cannot waive it unilaterally.

Question 37Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

During an investigation of a complaint, the board may...

  1. Revoke a license without notice
  2. Issue subpoenas and compel production of records Correct answer.
  3. Enter a client's home without the client's consent
  4. Impose criminal fines

Explanation

The board has investigative authority that includes issuing subpoenas, administering oaths, and compelling the production of records. If a person refuses to comply, the board may seek enforcement in court. The board does not have authority to enter homes without consent, revoke without notice, or impose criminal fines.

Question 38Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

An applicant for an LPC license must submit fingerprints so the board may...

  1. Publish them in a publicly accessible online directory
  2. Share them with prospective clients
  3. Verify the applicant's credit score
  4. Obtain state and federal criminal history information Correct answer.

Explanation

Applicants must submit fingerprints so the board can obtain state and federal criminal history record information. The information is used to evaluate whether an applicant is fit to hold a license. Fingerprints are not published, used for credit checks, or shared with clients.

Question 39Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A license issued under Chapter 503 authorizes the holder to...

  1. Perform surgery in a hospital
  2. Practice law in Texas courts
  3. Prescribe psychiatric medication
  4. Practice counseling and use the LPC title Correct answer.

Explanation

A license issued under Chapter 503 authorizes the holder to practice counseling and to use the protected LPC title. It does not authorize prescribing medication, practicing law, or performing surgery. Those activities require separate licenses.

Question 40Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

An applicant has a criminal conviction. When may the board refuse a license based on that conviction?

  1. Whenever any conviction appears on the record
  2. Never, because convictions are irrelevant
  3. Only if the applicant served prison time
  4. Only if the offense directly relates to counseling duties Correct answer.

Explanation

The board may refuse a license based on a conviction only when the offense directly relates to the duties and responsibilities of a counselor. The board must also consider evidence of rehabilitation and the relationship of the crime to the practice. A conviction alone does not automatically disqualify an applicant.

Question 41Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A counselor licensed in another state wants to provide telehealth counseling to clients located in Texas. What does Chapter 503 require?

  1. The counselor may practice for one year without a Texas license
  2. The counselor only needs a national certification
  3. The counselor needs a Texas license or an exemption Correct answer.
  4. The counselor may practice if licensed in any state

Explanation

Counseling generally occurs where the client is located, so a counselor must hold a Texas license or qualify for a recognized exemption before serving Texas clients. A license from another state or a national certification does not substitute. There is no general one-year grace period for unlicensed telehealth practice.

Question 42Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

An LPC whose license has expired continues to counsel clients for a fee. How is this conduct characterized?

  1. Lawful if the counselor eventually renews
  2. Lawful if the counselor posts a notice
  3. A minor matter with no consequences
  4. Unlicensed practice subject to penalties Correct answer.

Explanation

A license must be current to practice counseling for compensation. Continuing to see clients after expiration is unlicensed practice and may lead to criminal penalties, injunctive relief, and board action. A later renewal does not retroactively authorize the expired period.

Question 43Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

When the board seeks to revoke a license after a contested factual dispute, the proceeding is governed by...

  1. Local municipal ordinances
  2. The Administrative Procedure Act Correct answer.
  3. The Texas Rules of Criminal Evidence
  4. The federal bankruptcy code

Explanation

Contested license revocation proceedings are governed by the Administrative Procedure Act, Government Code Chapter 2001. The board must provide notice and an opportunity for a hearing, often through the State Office of Administrative Hearings. Criminal evidence rules, bankruptcy law, and municipal ordinances do not govern the proceeding.

Question 44Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A licensee seeks judicial review of a final board order revoking the license. Where is the suit generally filed?

  1. The Texas Supreme Court
  2. A district court in Travis County Correct answer.
  3. The board's own hearing room
  4. A justice of the peace court

Explanation

Under the Administrative Procedure Act, a suit for judicial review of a state agency order is generally filed in a district court in Travis County. The Texas Supreme Court is an appellate court, not the initial review forum. The board does not review its own final orders.

Question 45Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

How is a vacancy on the board filled?

  1. The governor appoints for the unexpired term Correct answer.
  2. The board elects a replacement
  3. The executive director assumes the duties
  4. The position stays vacant until a general election

Explanation

When a board position becomes vacant, the governor appoints a replacement for the unexpired term, subject to Senate confirmation. The board does not fill its own vacancies. The position is not left open until a general election.

Question 46Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A person volunteers as a counselor at a nonprofit, receives no compensation, and does not use the LPC title. Is a Texas counselor license required?

  1. No, because volunteers are always exempt from all health laws
  2. Yes, because every form of counseling requires a state license
  3. No, because there is no compensation or licensed title use Correct answer.
  4. Yes, because nonprofit counseling is always licensed

Explanation

Chapter 503 requires a license to practice counseling for compensation or to represent oneself as a licensed professional counselor. A volunteer who receives no compensation and does not use the protected title is outside that licensure requirement. The exemption does not authorize the volunteer to hold out as an LPC.

Question 47Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A Texas LPC provides video counseling to a client who is physically located in Oklahoma. Which statement is most accurate?

  1. The counselor must move to Oklahoma before providing services
  2. The counselor should determine whether Oklahoma requires an Oklahoma license Correct answer.
  3. The counselor may practice if the client signs a waiver
  4. The Texas license is sufficient in every state and territory of the United States

Explanation

The client's physical location generally determines which state's licensure requirements apply to telehealth. Before counseling a client located in Oklahoma, a Texas LPC should verify whether Oklahoma requires an Oklahoma license or permits an exception. A Texas license is not automatically valid in every state, and a client waiver does not override licensure law.

Question 48Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

The board revokes a counselor's license without notice or a hearing. What is the likely legal result?

  1. The revocation is valid because the board has unlimited discretion
  2. The revocation is valid if the board later mails a copy
  3. The revocation is vulnerable for lack of notice and hearing Correct answer.
  4. The revocation is valid because licensure is only a privilege

Explanation

A license revocation is a contested case that requires notice and an opportunity for a hearing under the Administrative Procedure Act and due process. A revocation issued without either is vulnerable to reversal. Board discretion does not eliminate the hearing requirement, and licensure is not merely a privilege in this context.

Question 49Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A client's employer asks the counselor for the client's records without the client's consent and without a court order. What should the counselor do?

  1. Release records if the employer promises confidentiality
  2. Release a summary but not the full record
  3. Refuse absent client consent or legal requirement Correct answer.
  4. Release all records because the employer pays the client's salary

Explanation

Client records are confidential and may be released only with the client's consent or when disclosure is required or permitted by law, such as a court order. An employer's request alone is not a legal exception, and a promise of confidentiality does not cure the lack of authority. A summary release without consent is also improper.

Question 50Texas Occupations Code, Chapter 503 (Licensed Professional Counselor Act)

A board member owns a counseling practice that contracts with a state agency. A rule affecting that contract comes before the board. What should the member do?

  1. Abstain because of the conflict of interest Correct answer.
  2. Vote and disclose the interest after the vote
  3. Vote because board members are immune from conflict rules
  4. Resign from the board immediately

Explanation

Board members must avoid participating in matters in which they have a personal or financial interest that could affect their impartiality. When a rule affects the member's own contract, abstaining and disclosing the conflict is the appropriate course. Voting first and disclosing later does not cure the conflict, and resignation is not automatically required.