TEXAS LPC JURISPRUDENCE 2026 BHEC
RULES SCOPE OF PRACTICE AND
DISCIPLINARY PROCEDURES GUIDE
◉ Can the board order a license holder to pay a refund to a
consumer?
Answer: Yes, as a result of an informal settlement conference or in
addition to imposing administrative penalty. It may not exceed the
amount the consumer paid to the license holder for services.
◉ What is considered a criminal offense under the board
regulations?
Answer: 1-engaging in the practice of professional counseling
without holding a license; 2-representing the person by the title
"License Professional Counselor" or "Licensed Counselor" without
holding a license; 3- representing the person by the title "Licensed
Professional Counselor Art Therapist," "Art Therapist," or by the
initials "LPC-AT" or "AT."
◉ What is the amount of administrative penalty imposed by the
board?
Answer: May not be less than $50 or more than $5,000 for each
violation. each day a violation continues or occurs is a separate
violation for the purpose of imposing a penalty.
,◉ What is the amount of administrative penalty based on?
Answer: 1-The seriousness of the violation; 2-economic harm
caused; 3-history of previous violations; 4-amount necessary to
deter future violations; 5-Efforts to correct the violation; 6-any other
matter that Justice may require.
◉ How will the department notify an LPC if a violation is reported?
Answer: The department will give written notice of the violation
including 1-brief summary of the alleged violation; 2-amount of the
administrative penalty recommended by the department; 3-
information of the person's right to a hearing on the occurrence of
the violation, the amount of the penalty or both.
◉ How long does person have to respond after receiving the notice
of violation and penalty?
Answer: Within 10 days after the date the person receives the notice.
Can respond w/ 1-accepting the determination & penalty of the
department; or 2-make a request for a hearing on the occurrence of
the violation, the amount of the penalty or both.
◉ What are decisions the board may give regarding a violation?
Answer: 1- violation occurred and impose in administrative penalty;
or 2-violation did not occur.
, ◉ What are an LPC's options following the board's decision on a
violation?
Answer: To pay or appeal. Within 30 days after the date of the
board's order becomes final a person can 1-pay the administrative
penalty or 2-file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty or both.
◉ What happens if the person does not pay the administrative
penalty?
Answer: The attorney general may sue to collect the penalty.
◉ True or false? A licensee shall not make any false, misleading,
deceptive, fraudulent or exaggerated claims or statements about the
licensees services.
Answer: TRUE
◉ A false, misleading, deceptive, fraudulent or exaggerated
claim/statement could include (but not limited to)...
Answer: 1-effectiveness of services; 2- licensee's qualifications,
capabilities, background, training, experience, education,
professional affiliations, fees, products or publications; 3-The
practice or field of counseling.
RULES SCOPE OF PRACTICE AND
DISCIPLINARY PROCEDURES GUIDE
◉ Can the board order a license holder to pay a refund to a
consumer?
Answer: Yes, as a result of an informal settlement conference or in
addition to imposing administrative penalty. It may not exceed the
amount the consumer paid to the license holder for services.
◉ What is considered a criminal offense under the board
regulations?
Answer: 1-engaging in the practice of professional counseling
without holding a license; 2-representing the person by the title
"License Professional Counselor" or "Licensed Counselor" without
holding a license; 3- representing the person by the title "Licensed
Professional Counselor Art Therapist," "Art Therapist," or by the
initials "LPC-AT" or "AT."
◉ What is the amount of administrative penalty imposed by the
board?
Answer: May not be less than $50 or more than $5,000 for each
violation. each day a violation continues or occurs is a separate
violation for the purpose of imposing a penalty.
,◉ What is the amount of administrative penalty based on?
Answer: 1-The seriousness of the violation; 2-economic harm
caused; 3-history of previous violations; 4-amount necessary to
deter future violations; 5-Efforts to correct the violation; 6-any other
matter that Justice may require.
◉ How will the department notify an LPC if a violation is reported?
Answer: The department will give written notice of the violation
including 1-brief summary of the alleged violation; 2-amount of the
administrative penalty recommended by the department; 3-
information of the person's right to a hearing on the occurrence of
the violation, the amount of the penalty or both.
◉ How long does person have to respond after receiving the notice
of violation and penalty?
Answer: Within 10 days after the date the person receives the notice.
Can respond w/ 1-accepting the determination & penalty of the
department; or 2-make a request for a hearing on the occurrence of
the violation, the amount of the penalty or both.
◉ What are decisions the board may give regarding a violation?
Answer: 1- violation occurred and impose in administrative penalty;
or 2-violation did not occur.
, ◉ What are an LPC's options following the board's decision on a
violation?
Answer: To pay or appeal. Within 30 days after the date of the
board's order becomes final a person can 1-pay the administrative
penalty or 2-file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty or both.
◉ What happens if the person does not pay the administrative
penalty?
Answer: The attorney general may sue to collect the penalty.
◉ True or false? A licensee shall not make any false, misleading,
deceptive, fraudulent or exaggerated claims or statements about the
licensees services.
Answer: TRUE
◉ A false, misleading, deceptive, fraudulent or exaggerated
claim/statement could include (but not limited to)...
Answer: 1-effectiveness of services; 2- licensee's qualifications,
capabilities, background, training, experience, education,
professional affiliations, fees, products or publications; 3-The
practice or field of counseling.
