Updated - bhec.texas.gov

1 Updated : 03/09/2022. Texas behavioral Health Executive Council and Texas State board of Examiners of Professional Counselors Rules 1. TEXAS behavioral HEALTH EXECUTIVE COUNCIL. NEW, AMENDED, REPEALED RULES. The following is a list of the rules which have been added, amended, or repealed since the last update to these rules. Online Act and Rules of the Council February 2022. Family Leave Pool (new). License Statuses (amended). COVID-19 Vaccine Passport Prohibited (new). Special Provisions Applying to Military Service Members, Veterans and Spouses (amended). Special Licensing Provisions for Military Spouses (amended). Emergency Temporary License (amended). Special Requirements for Complaints Alleging Violations Related to Court Ordered Therapy or Parenting Facilitator Services (new). Executive Council Fees (amended). Online Act and Rules of the Council October 2021. Renewal of a License (amended).

2 Online Act and Rules of the Council August 2021. Petition for Rulemaking (amended). Applicants with Foreign Degrees (amended). Executive Council Fees (amended). Online Act and Rules of the Council June 2021. License Statuses (amended). Continuing Education and Audits (amended). Online Act and Rules of the Council February 2021. Petition for Rulemaking (amended). Executive Council Fees (amended). Online Act and Rules of the Council September 2020. Note: While every effort is made to keep this information as accurate and current as possible, the reader should bear in mind that statutes may be amended, subsequent legislation may be enacted and judicial determinations may be rendered that affect the impact of statutes and rules reported herein. For any official listing of a rule, a licensee, applicant, or member of the public may consult the Texas Administrative Code on the Secretary of State's website: When accessing this website: (1) click on the TAC viewer, (2).

3 Scroll down and click on Title 22 Examining Boards, (3) scroll down and click on Part 41, Texas behavioral Health Executive Council. To view rules that have been proposed but not finally adopted by the board , access the following website: 2. TEXAS STATE board OF EXAMINERS OF PROFESSIONAL. COUNSELORS. NEW, AMENDED, REPEALED RULES. The following is a list of the rules which have been added, amended, or repealed since the last update to these rules. Online Act and Rules of the board February 2022. Definitions (amended). LPC Associate License (amended). Supervisor Requirements (amended). Online Act and Rules of the board October 2021. Required Application Materials (amended). Application for Art Therapy Specialty Designation (amended). Academic Requirements (amended). Licensing of Military Service Members, Military Veterans, and Military Spouses (amended). Schedule of Sanctions (amended).

4 Online Act and Rules of the board February 2021. Experience Requirements (Internship) (repeal). Experience Requirements (Internship) (new). Licensing of Persons with Criminal Convictions (new). Online Act and Rules of the board November 2020. Note: While every effort is made to keep this information as accurate and current as possible, the reader should bear in mind that statutes may be amended, subsequent legislation may be enacted and judicial determinations may be rendered that affect the impact of statutes and rules reported herein. For any official listing of a rule, a licensee, applicant, or member of the public may consult the Texas Administrative Code on the Secretary of State's website: When accessing this website: (1) click on the TAC viewer, (2). scroll down and click on Title 22 Examining Boards, (3) scroll down and click on Part 30, Texas State board of Examiners of Professional Counselors.

5 To view rules that have been proposed but not finally adopted by the board , access the following website: 3. Table of Contents TEXAS behavioral HEALTH EXECUTIVE COUNCIL RULES .. 10. GENERAL PROVISIONS .. 10. Subchapter A. General Provisions.. 10. Authority.. 10. Definitions.. 10. Council and board Meetings.. 12. Council Member Terms.. 12. Conflicts of Interest and Recusals.. 13. Limited Delegation of Executive Council Authority to board Members. 14. Unofficial Statements and Decisions .. 14. Former Council or board Members.. 15. Prohibition Against Dual Office Holding.. 15. Conflict Between Other Laws and Council .. 15. Access to Agency Records by Appointed Members .. 15. Statutory or Rule References .. 16. Conduct and 16. Subchapter B. Rulemaking.. 17. Rulemaking by the Executive Council.. 17. Petition for Rulemaking.. 19. Subchapter C. Personnel .. 20. Executive Director.

6 20. Agency Staff Training and Education.. 20. Sick Leave Pool.. 21. Family Leave Pool.. 21. Subchapter D. Contracts and Procurement .. 22. Agency Contracts and Purchasing.. 22. Use of Historically Underutilized Businesses (HUBS) .. 23. APPLICATIONS AND EXAMINATIONS .. 24. Subchapter A. License Applications.. 24. 4. Application 24. General Application File Requirements.. 25. Review and Appeal of License Denials .. 26. Assistance in Licensing Determinations .. 26. Jurisprudence Examination Requirements .. 27. Limitations on Number of Examination Attempts .. 27. Reasonable Accommodations for Persons with Disabilities and Dyslexia .. 27. Rescheduling of Examination Due to Religious Holy Day .. 28. Established Application Processing Times .. 28. Applicants with Pending Complaints .. 29. Refusal to Issue License for Failure to Pay Child Support .. 30. Protections Based on Affiliation with Religious Organizations.

7 30. Subchapter B. License.. 30. Form of License.. 30. License Statuses.. 31. Reinstatement of a License .. 32. License Required to Practice .. 34. Authorized Practice of Marriage and Family Therapy Without a License .. 35. Authorized Practice of Professional Counseling Without a License ..35. Authorized Practice of Psychology Without a License .. 35. Authorized Practice of Social Work Without a 36. Subchapter C. Duties and Responsibilities.. 36. Display of License.. 36. Advertising 37. Duty to Update Name and Address .. 37. Disclosure of Proprietary Examination Materials of Information Prohibited .. 37. Filing a False or Misleading Information with the 38. Required Profile Information .. 38. Compliance with State and Federal Law .. 39. COVID-19 Vaccine Passports Prohibited.. 39. 5. Subchapter D. Criminal History and License Eligibility .. 41. Criminal History Background Checks.

8 41. Criminal History Evaluation.. 41. Ineligibility Due to Criminal 42. Subchapter E. Continuing Education .. 44. Continuing Education and 44. Subchapter F. Licensing Provisions Related To Military Service Members, Veterans, and Military Spouses.. 44. Special Provisions Applying to Military Service Members, Veterans, and Spouses.. 44. Special Licensing Provisions for Military Spouses.. 46. Subchapter G. Emergency Temporary 48. Emergency Temporary License.. 48. RENEWALS .. 50. Subchapter A. General Provisions .. 50. Renewal of a 50. Initial License Renewal Dates.. 51. Nonrenewal for Failure to Pay Child Support.. 51. Subchapter B. Renewal Provisions For Military Personnel .. 52. Renewal Terms for Military Personnel on Active Duty.. 52. COMPLAINTS AND ENFORCEMENT .. 53. Subchapter A. Filing A Complaint .. 53. Timeliness of Complaints.. 53. Standardized Complaint Form.. 53. Special Requirements for Complaints Alleging Violations Related to Court Ordered Evaluations.

9 53. Special Requirements for Complaints Alleging Violations Related to Court Ordered Therapy or Parenting Facilitator Services.. 55. Complaints Alleging Violation of Court Orders or Education Protections Based on Affiliation with Religious Organizations .. 56. Subchapter B. Investigations and Disposition of Complaints .. 57. Investigation of 57. Informal Conferences.. 58. 6. Complaint Disposition.. 60. Subchapter C. Disciplinary Guidelines and Schedule of Sanctions .. 61. Disciplinary Guidelines and General Schedule of 61. Assessment of Sanction.. 64. Subchapter D. Duties and Responsibilities .. 65. Cooperation with Council Investigations.. 65. Notice to the Public of Complaint Process .. 65. Reportable Legal Action and Discipline.. 65. Subchapter E. License Suspension .. 67. Temporary Suspension of a License.. 67. Suspension of License for Failure to Pay Child Support.. 69.

10 Subchapter F. Special Provisions For Persons Licensed To Practice Psychology .. 70. Competency Evaluations under Chapter 501 of the Occupations Code.. 70. Remedial Plans under Chapter 501 of the Occupations Code.. 71. Subchapter G. Compliance .. 72. Monitoring Compliance with Disciplinary Orders.. 72. Subchapter H. Contested 72. Witness 73. Contested Case Hearing Costs.. 73. Final Decision and Order.. 73. Motion for Rehearing.. 73. Corrected Final Decision and Order.. 74. FEES .. 75. Executive Council Fees .. 75. TEXAS STATE board OF EXAMINERS OF PROFESSIONAL COUNSELORS .. 79. Subchapter A. General Provisions.. 79. Purpose .. 79. Definitions .. 79. Meetings.. 81. Transaction of Official 82. 7. Agendas .. 82. Minutes.. 82. 82. Officers.. 82. Committees.. 83. Reimbursement for Expenses .. 83. Subchapter B. Rules of Practice .. 84. Counseling Methods and Practices .. 84. General Ethical Requirements.