BHEC Structure, Complaints, and Discipline
BHEC: one council, many professions
In 2019, Texas consolidated mental health licensing under the Texas Behavioral Health Executive Council (Occupations Code Chapter 507). The former LPC board no longer exists as the policy-making body; BHEC adopts rules, sets fees, appoints the executive director, and makes final disciplinary decisions for LPCs and other behavioral health licensees. Profession-specific advisory committees provide input, but they do not replace the Council.
Complaint flow is a favorite exam sequence. A complaint is filed with BHEC, screened, and either dismissed or investigated. The investigation may be resolved informally or through a settlement; if contested, the case goes to the State Office of Administrative Hearings (SOAH) for an administrative law judge, whose proposal for decision goes to the Council for a final order. Sanctions can include reprimand, probation, suspension, revocation, administrative penalties, and remedial education. Emergency suspension is reserved for imminent danger to the public.
Know the collateral issues. Chapter 53 of the Occupations Code governs criminal-history-based denials and revocations. The Administrative Procedure Act, Chapter 2001, governs contested-case procedure and judicial review, generally in Travis County district court. Investigations are confidential to the extent allowed by law, but a dismissed complaint is not erased from the agency's history.
Worked example: A licensee receives a complaint alleging a boundary violation. BHEC investigates; the licensee disputes the facts. The matter proceeds to SOAH, then to the Council for final action, then to district court on substantial-evidence review. Rule of thumb: advisory committee recommends; Council decides; SOAH hears; courts review.