Texas State Board Examination Study Guide, Comprehensive
Exam Preparation Notes, Licensing Review Manual, Practice
Questions and Answers Resource for NCLEX-RN, LVN/LPN and
Nursing Certification Success in Texas
Question 1: Under the Texas Occupations Code, which entity has the primary authority to
adopt rules governing the practice of licensed professions within the state?
A. Texas Legislature
B. Governor's Office
C. Appropriate state licensing board
D. Texas Attorney General
CORRECT ANSWER: C. Appropriate state licensing board
Rationale: The Texas Occupations Code grants specific state licensing boards the authority to
adopt administrative rules necessary to regulate their respective professions, provided such
rules are consistent with statutory law. This delegated rulemaking authority allows boards to
establish standards for licensure, practice, and discipline.
Question 2: A licensed professional in Texas receives a complaint from a client regarding
alleged negligence. What is the professional's FIRST ethical obligation under most Texas
licensing board rules?
A. Immediately notify their liability insurance carrier
B. Respond to the licensing board within the specified timeframe
C. Cease all practice until the matter is resolved
D. Contact the client to negotiate a settlement
CORRECT ANSWER: B. Respond to the licensing board within the specified timeframe
Rationale: Texas licensing boards typically require licensees to respond promptly and fully to
board inquiries or complaints. Failure to respond within the designated timeframe may
constitute a separate violation of board rules, regardless of the merit of the underlying
complaint.
Question 3: Which of the following actions by a Texas-licensed professional would MOST
likely constitute a violation of confidentiality under state law?
A. Discussing a client's case with a supervisor for consultation purposes
B. Releasing client records pursuant to a valid court order
C. Sharing client information with family members without client consent, absent an emergency
D. Documenting client progress in a secure electronic health record
CORRECT ANSWER: C. Sharing client information with family members without client
consent, absent an emergency
Rationale: Texas law and most licensing board rules protect client confidentiality. Disclosure to
family members generally requires explicit client consent, unless an emergency exception
applies (e.g., imminent danger). Consultation with supervisors, court-ordered releases, and
secure documentation are typically permitted under specific conditions.
Question 4: According to Texas administrative rules, what is the minimum retention period
for most professional client records after the termination of services?
A. 3 years
B. 5 years
,C. 7 years
D. 10 years
CORRECT ANSWER: C. 7 years
Rationale: While retention periods vary by profession, many Texas licensing boards (e.g.,
psychology, social work, counseling) require client records to be maintained for at least seven
years from the date of last service. For minors, records often must be kept until the minor
reaches age 21 plus the standard retention period.
Question 5: A Texas-licensed professional becomes aware that a colleague is practicing while
impaired by substance abuse. What is the professional's ethical duty under most Texas board
rules?
A. Ignore the situation to avoid workplace conflict
B. Report the colleague to the appropriate licensing board or impaired professional program
C. Confront the colleague publicly at a staff meeting
D. Advise the colleague to take a vacation
CORRECT ANSWER: B. Report the colleague to the appropriate licensing board or impaired
professional program
Rationale: Texas licensing boards generally impose a duty on licensees to report impaired or
incompetent practice that poses a risk to the public. Many boards offer confidential impaired
professional programs as an alternative to disciplinary action, encouraging early intervention
while protecting public safety.
Question 6: Under Texas law, which of the following best describes "unprofessional conduct"
as defined by most state licensing boards?
A. Any action that results in a client filing a complaint
B. Conduct that violates the board's rules, statutes, or accepted ethical standards of the
profession
C. Any disagreement between a professional and a client regarding treatment outcomes
D. Failure to achieve a successful outcome in every case
CORRECT ANSWER: B. Conduct that violates the board's rules, statutes, or accepted ethical
standards of the profession
Rationale: "Unprofessional conduct" is a statutory and regulatory term in Texas that
encompasses violations of board rules, the Occupations Code, or established ethical norms of
the profession. It is not based solely on client dissatisfaction or case outcomes, but on objective
standards of practice.
Question 7: A Texas licensee wishes to advertise their services. Which of the following
advertising practices is generally PROHIBITED by Texas licensing board rules?
A. Listing professional credentials earned from accredited institutions
B. Using client testimonials that guarantee specific results
C. Providing accurate information about office hours and location
D. Describing areas of specialized training with appropriate qualifiers
CORRECT ANSWER: B. Using client testimonials that guarantee specific results
, Rationale: Texas board rules typically prohibit advertising that is false, misleading, or deceptive.
Testimonials that imply guaranteed outcomes are generally prohibited because they may
create unrealistic expectations and cannot account for individual client variables.
Question 8: What is the primary purpose of continuing education requirements for Texas-
licensed professionals?
A. To generate revenue for the licensing board
B. To ensure professionals maintain current knowledge and competence in their field
C. To increase the number of licensed practitioners in the state
D. To fulfill federal mandate requirements
CORRECT ANSWER: B. To ensure professionals maintain current knowledge and competence
in their field
Rationale: Continuing education requirements are designed to promote public protection by
ensuring licensees stay current with evolving standards, research, and best practices in their
profession. This supports ongoing competence beyond initial licensure.
Question 9: A Texas professional receives a subpoena for client records. What should be the
licensee's INITIAL action?
A. Immediately release all requested records to comply with the subpoena
B. Ignore the subpoena if the client has not consented to release
C. Consult legal counsel and verify the subpoena's validity before releasing any information
D. Contact the client to ask if they want the records released
CORRECT ANSWER: C. Consult legal counsel and verify the subpoena's validity before
releasing any information
Rationale: Subpoenas require careful legal review. While court orders generally compel
compliance, professionals must verify the subpoena's validity, scope, and whether any
privileges or confidentiality protections apply. Legal consultation helps ensure compliance with
both court requirements and licensing board confidentiality rules.
Question 10: Under Texas law, which of the following individuals is typically authorized to file
a complaint against a licensed professional with the state licensing board?
A. Only clients who have received services from the professional
B. Only other licensed professionals in the same field
C. Any person, including clients, colleagues, or members of the public
D. Only attorneys representing aggrieved parties
CORRECT ANSWER: C. Any person, including clients, colleagues, or members of the public
Rationale: Texas licensing boards generally accept complaints from any source. This broad
standing enables the board to investigate potential violations regardless of the complainant's
relationship to the licensee, supporting the board's public protection mission.
Question 11: A Texas licensee plans to close their practice. What is a REQUIRED action under
most board rules regarding client records?
A. Destroy all records immediately to protect confidentiality
B. Transfer all records to the state licensing board for safekeeping
C. Notify clients and provide information about obtaining their records or transferring care
D. Sell client records to another practitioner without client consent
Exam Preparation Notes, Licensing Review Manual, Practice
Questions and Answers Resource for NCLEX-RN, LVN/LPN and
Nursing Certification Success in Texas
Question 1: Under the Texas Occupations Code, which entity has the primary authority to
adopt rules governing the practice of licensed professions within the state?
A. Texas Legislature
B. Governor's Office
C. Appropriate state licensing board
D. Texas Attorney General
CORRECT ANSWER: C. Appropriate state licensing board
Rationale: The Texas Occupations Code grants specific state licensing boards the authority to
adopt administrative rules necessary to regulate their respective professions, provided such
rules are consistent with statutory law. This delegated rulemaking authority allows boards to
establish standards for licensure, practice, and discipline.
Question 2: A licensed professional in Texas receives a complaint from a client regarding
alleged negligence. What is the professional's FIRST ethical obligation under most Texas
licensing board rules?
A. Immediately notify their liability insurance carrier
B. Respond to the licensing board within the specified timeframe
C. Cease all practice until the matter is resolved
D. Contact the client to negotiate a settlement
CORRECT ANSWER: B. Respond to the licensing board within the specified timeframe
Rationale: Texas licensing boards typically require licensees to respond promptly and fully to
board inquiries or complaints. Failure to respond within the designated timeframe may
constitute a separate violation of board rules, regardless of the merit of the underlying
complaint.
Question 3: Which of the following actions by a Texas-licensed professional would MOST
likely constitute a violation of confidentiality under state law?
A. Discussing a client's case with a supervisor for consultation purposes
B. Releasing client records pursuant to a valid court order
C. Sharing client information with family members without client consent, absent an emergency
D. Documenting client progress in a secure electronic health record
CORRECT ANSWER: C. Sharing client information with family members without client
consent, absent an emergency
Rationale: Texas law and most licensing board rules protect client confidentiality. Disclosure to
family members generally requires explicit client consent, unless an emergency exception
applies (e.g., imminent danger). Consultation with supervisors, court-ordered releases, and
secure documentation are typically permitted under specific conditions.
Question 4: According to Texas administrative rules, what is the minimum retention period
for most professional client records after the termination of services?
A. 3 years
B. 5 years
,C. 7 years
D. 10 years
CORRECT ANSWER: C. 7 years
Rationale: While retention periods vary by profession, many Texas licensing boards (e.g.,
psychology, social work, counseling) require client records to be maintained for at least seven
years from the date of last service. For minors, records often must be kept until the minor
reaches age 21 plus the standard retention period.
Question 5: A Texas-licensed professional becomes aware that a colleague is practicing while
impaired by substance abuse. What is the professional's ethical duty under most Texas board
rules?
A. Ignore the situation to avoid workplace conflict
B. Report the colleague to the appropriate licensing board or impaired professional program
C. Confront the colleague publicly at a staff meeting
D. Advise the colleague to take a vacation
CORRECT ANSWER: B. Report the colleague to the appropriate licensing board or impaired
professional program
Rationale: Texas licensing boards generally impose a duty on licensees to report impaired or
incompetent practice that poses a risk to the public. Many boards offer confidential impaired
professional programs as an alternative to disciplinary action, encouraging early intervention
while protecting public safety.
Question 6: Under Texas law, which of the following best describes "unprofessional conduct"
as defined by most state licensing boards?
A. Any action that results in a client filing a complaint
B. Conduct that violates the board's rules, statutes, or accepted ethical standards of the
profession
C. Any disagreement between a professional and a client regarding treatment outcomes
D. Failure to achieve a successful outcome in every case
CORRECT ANSWER: B. Conduct that violates the board's rules, statutes, or accepted ethical
standards of the profession
Rationale: "Unprofessional conduct" is a statutory and regulatory term in Texas that
encompasses violations of board rules, the Occupations Code, or established ethical norms of
the profession. It is not based solely on client dissatisfaction or case outcomes, but on objective
standards of practice.
Question 7: A Texas licensee wishes to advertise their services. Which of the following
advertising practices is generally PROHIBITED by Texas licensing board rules?
A. Listing professional credentials earned from accredited institutions
B. Using client testimonials that guarantee specific results
C. Providing accurate information about office hours and location
D. Describing areas of specialized training with appropriate qualifiers
CORRECT ANSWER: B. Using client testimonials that guarantee specific results
, Rationale: Texas board rules typically prohibit advertising that is false, misleading, or deceptive.
Testimonials that imply guaranteed outcomes are generally prohibited because they may
create unrealistic expectations and cannot account for individual client variables.
Question 8: What is the primary purpose of continuing education requirements for Texas-
licensed professionals?
A. To generate revenue for the licensing board
B. To ensure professionals maintain current knowledge and competence in their field
C. To increase the number of licensed practitioners in the state
D. To fulfill federal mandate requirements
CORRECT ANSWER: B. To ensure professionals maintain current knowledge and competence
in their field
Rationale: Continuing education requirements are designed to promote public protection by
ensuring licensees stay current with evolving standards, research, and best practices in their
profession. This supports ongoing competence beyond initial licensure.
Question 9: A Texas professional receives a subpoena for client records. What should be the
licensee's INITIAL action?
A. Immediately release all requested records to comply with the subpoena
B. Ignore the subpoena if the client has not consented to release
C. Consult legal counsel and verify the subpoena's validity before releasing any information
D. Contact the client to ask if they want the records released
CORRECT ANSWER: C. Consult legal counsel and verify the subpoena's validity before
releasing any information
Rationale: Subpoenas require careful legal review. While court orders generally compel
compliance, professionals must verify the subpoena's validity, scope, and whether any
privileges or confidentiality protections apply. Legal consultation helps ensure compliance with
both court requirements and licensing board confidentiality rules.
Question 10: Under Texas law, which of the following individuals is typically authorized to file
a complaint against a licensed professional with the state licensing board?
A. Only clients who have received services from the professional
B. Only other licensed professionals in the same field
C. Any person, including clients, colleagues, or members of the public
D. Only attorneys representing aggrieved parties
CORRECT ANSWER: C. Any person, including clients, colleagues, or members of the public
Rationale: Texas licensing boards generally accept complaints from any source. This broad
standing enables the board to investigate potential violations regardless of the complainant's
relationship to the licensee, supporting the board's public protection mission.
Question 11: A Texas licensee plans to close their practice. What is a REQUIRED action under
most board rules regarding client records?
A. Destroy all records immediately to protect confidentiality
B. Transfer all records to the state licensing board for safekeeping
C. Notify clients and provide information about obtaining their records or transferring care
D. Sell client records to another practitioner without client consent
