SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 503.001 - Short Title
This chapter may be cited as the Licensed Professional Counselor Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 503.002 - General Definitions
In this chapter: (1) "Board" means the Texas State Board of Examiners of Professional Counselors. (1-a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1,...
- Texas Section 503.003 - Definition: Practice Of Professional Counseling
(a) In this chapter, "practice of professional counseling" means the application of mental health, psychotherapeutic, and human development principles to: (1) facilitate human development and...
- Texas Section 503.004 - Practice Of Medicine Not Authorized
This chapter does not authorize the practice of medicine as defined by the law of this state. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
SUBCHAPTER B APPLICATION OF CHAPTER
- Texas Section 503.005 - Application Of Sunset Act
The Texas State Board of Examiners of Professional Counselors is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided...
- Texas Section 503.051 - Counseling For Government Or Educational Institution
This chapter does not apply to an activity, service, or use of an official title by a person employed as a counselor by a federal,...
- Texas Section 503.052 - Counselor Intern
This chapter does not apply to an activity or service of a student, intern, or trainee in counseling pursuing a course of study in counseling...
- Texas Section 503.054 - Counseling By Other Licensed Or Certified Professional Or By Religious Practitioner
This chapter does not apply to an activity or service of any of the following persons performing counseling consistent with the law of this state,...
- Texas Section 503.055 - Person Licensed To Practice Law
This chapter does not apply to an activity, service, title, or description of a person licensed to practice law. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 503.056 - Counseling For Nonprofit Organization Or Charity
This chapter does not apply to an activity, service, title, or description of a person who is employed as a professional by or who volunteers...
- Texas Section 503.057 - Counseling Under Other Certification
This chapter does not apply to an activity, service, title, or description of a person certified by the Commission on Rehabilitation Counselor Certification or the...
- Texas Section 503.059 - Exempt Person Voluntarily Licensed Under Chapter
A person otherwise exempt under this subchapter who obtains a license under this chapter is subject to this chapter to the same extent as any...
SUBCHAPTER C TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS
- Texas Section 503.060 - Musical Therapy Services
This chapter does not apply to an activity, service, title, or description of a person who: (1) is certified by the Certification Board for Music...
- Texas Section 503.101 - Board Membership
(a) The Texas State Board of Examiners of Professional Counselors consists of nine members appointed by the governor with the advice and consent of the...
- Texas Section 503.102 - Membership Qualifications
(a) To be qualified for appointment as a licensed professional counselor member of the board, a person must: (1) be a citizen of the United...
- Texas Section 503.103 - Eligibility Of Public Members
A person is not eligible for appointment as a public member of the board if: (1) the person is registered, certified, or licensed by an...
- Texas Section 503.104 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 503.105 - Terms
Board members serve staggered six-year terms with the terms of three members expiring on February 1 of each odd-numbered year. In making an appointment to...
- Texas Section 503.106 - Officers
(a) The governor shall designate a member of the board as presiding officer. The presiding officer serves in that capacity at the will of the...
- Texas Section 503.107 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications...
- Texas Section 503.108 - Reimbursement
A board member may receive reimbursement for expenses as provided by the General Appropriations Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept....
- Texas Section 503.109 - Meetings
The board shall hold at least two regular meetings each year as provided by board rule. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff....
- Texas Section 503.110 - Training
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as...
SUBCHAPTER D EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
- Texas Section 503.111 - Official Oath
Before assuming the duties of office, each board member shall file with the secretary of state a copy of the constitutional oath of office taken...
- Texas Section 503.151 - Executive Director
The commissioner of state health services, with the advice and consent of the board, shall appoint an executive director for the board. The executive director...
- Texas Section 503.152 - Powers And Duties Of Executive Director
(a) The executive director serves as the administrator of professional counselor licensing activities for the board. The executive director shall: (1) keep full and accurate...
- Texas Section 503.153 - Personnel And Facilities
(a) The department shall provide the basic personnel and facilities required to administer this chapter. The department personnel administering this chapter act as agents of...
- Texas Section 503.154 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and...
SUBCHAPTER E BOARD POWERS AND DUTIES
- Texas Section 503.155 - Qualifications And Standards Of Conduct Information
The board shall provide, as often as necessary, to its members and employees information regarding their: (1) qualifications for office or employment under this chapter;...
- Texas Section 503.201 - General Powers And Duties
(a) The board shall: (1) determine the qualifications and fitness of an applicant for a license, license renewal, or provisional license; (2) examine for, deny,...
- Texas Section 503.202 - Fees
(a) The board by rule shall establish fees for the board's services in amounts reasonable and necessary to cover the costs of administering this chapter...
- Texas Section 503.203 - General Rulemaking Authority
(a) The board shall adopt rules necessary to administer this chapter. (b) The board shall conduct hearings on the rules adopted under this section. Acts...
- Texas Section 503.204 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices. (b)...
- Texas Section 503.2045 - Rules On Consequences Of Criminal Conviction
(a) The board shall adopt rules necessary to comply with Chapter 53. (b) In its rules under this section, the board shall list the specific...
- Texas Section 503.205 - Delegation To Committee
The board may delegate a function or activity required by this chapter to a committee of board members on a permanent or temporary basis if...
- Texas Section 503.207 - License Holder Registry
(a) Each year the board shall prepare a registry of persons licensed under this chapter. The registry must include listings of any specializations permitted by...
- Texas Section 503.208 - Competent Performance Of Professional Duties
The board shall identify the key factors for the competent performance by a license holder of the license holder's professional duties. Acts 1999, 76th Leg.,...
- Texas Section 503.209 - Board Duties Regarding Complaints
(a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be...
- Texas Section 503.210 - Use Of Technology
The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy...
SUBCHAPTER F PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 503.211 - Negotiated Rulemaking And Alternative Dispute Resolution Policy
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 503.251 - Public Interest Information
(a) The board shall prepare and disseminate consumer information that describes the regulatory functions of the board and the procedures by which consumer complaints are...
- Texas Section 503.252 - Complaints
(a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of...
- Texas Section 503.253 - Records Of Complaints
(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain: (1) information about...
- Texas Section 503.254 - General Rules Regarding Complaint Investigation And Disposition
The board shall adopt rules concerning the investigation of a complaint filed with the board. The rules must: (1) distinguish between categories of complaints; (2)...
- Texas Section 503.2545 - Subpoenas
(a) In an investigation of a complaint filed with the board, the board may request that the department approve the issuance of a subpoena. If...
- Texas Section 503.255 - Disposition Of Complaint
(a) The board shall: (1) dispose of each complaint in a timely manner; and (2) establish a schedule for conducting each phase of a complaint...
- Texas Section 503.2555 - Complaint Committee
The board shall appoint at least one public member to any board committee established to review a complaint filed with the board or review an...
SUBCHAPTER G LICENSE REQUIREMENTS
- Texas Section 503.256 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 503.301 - License Required
A person may not engage in the practice of professional counseling unless the person is: (1) licensed under this chapter; or (2) exempt from this...
- Texas Section 503.302 - Qualifications For License
(a) A person qualifies for a license under this chapter if the person: (1) is at least 18 years old; (2) has a master's or...
- Texas Section 503.303 - Specialization In Art Therapy
(a) A person qualifies for a license as a professional counselor with a specialization in art therapy if the person: (1) meets the requirements for...
- Texas Section 503.304 - Review Of Application
(a) Not later than the 30th day before the examination date, after investigation of a license application and review of other evidence submitted, the board...
- Texas Section 503.305 - License Examination
(a) The board shall administer examinations to determine the competence of qualified applicants at least twice each calendar year. (b) The board shall contract with...
- Texas Section 503.3055 - Jurisprudence Examination
(a) The board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, board...
- Texas Section 503.306 - Examination Results
(a) The board shall notify each examinee of the examination results not later than the 30th day after the date on which the examination is...
- Texas Section 503.307 - Reexamination
(a) An applicant who fails an examination may reapply and take a subsequent examination. (b) An applicant who has failed three successive examinations may not...
- Texas Section 503.308 - Temporary License
(a) The board by rule may provide for the issuance of a temporary license. Rules adopted under this subsection must provide a time limit for...
- Texas Section 503.310 - Provisional License
(a) On application and payment of applicable fees, the board may issue a provisional license to a person who holds a license as a counselor...
- Texas Section 503.311 - Issuance Of License To Provisional License Holder
(a) The board shall issue a license to the holder of a provisional license who applies for a license if: (1) the board verifies that...
- Texas Section 503.312 - Inactive Status
(a) On request of a person licensed under this chapter, the board shall place the person's license on inactive status. (b) A person whose license...
- Texas Section 503.313 - Retirement Status
The board by rule may adopt a system for placing a person licensed under this chapter on retirement status. Acts 1999, 76th Leg., ch. 388,...
SUBCHAPTER H LICENSE RENEWAL
- Texas Section 503.314 - Display And Surrender Of License Certificate
(a) A person licensed under this chapter shall display the person's license certificate in an appropriate and public manner. (b) A license certificate issued by...
- Texas Section 503.351 - Renewal; Eligibility
A person licensed under this chapter may renew the license biennially if the person: (1) is not in violation of this chapter when the person...
- Texas Section 503.352 - License Expiration Date
The board shall adopt a system under which licenses expire on various dates during the year. On renewal of the license on the expiration date,...
- Texas Section 503.353 - Notice Of License Expiration
Not later than the 30th day before the expiration date of a person's license, the board shall send written notice of the impending license expiration...
- Texas Section 503.354 - Procedure For Renewal
(a) A license holder is responsible for renewing the license before the expiration date of the license. (b) A person may renew an unexpired license...
- Texas Section 503.355 - Renewal Of Expired License By Out-of-state Practitioner
The board may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is currently...
SUBCHAPTER I DISCIPLINARY PROCEDURES
- Texas Section 503.356 - Continuing Education
(a) The board by rule shall establish a minimum number of hours of continuing education required to renew a license under this chapter. (b) The...
- Texas Section 503.401 - Disciplinary Actions
(a) A person licensed under this chapter is subject to disciplinary action under this section if the person: (1) violates this chapter or a rule...
- Texas Section 503.402 - Schedule Of Sanctions
(a) The board by rule shall adopt a broad schedule of sanctions for violations under this chapter. (b) The State Office of Administrative Hearings shall...
- Texas Section 503.403 - Temporary License Suspension
(a) The board or a three-member committee of board members designated by the board shall temporarily suspend the license of a license holder if the...
- Texas Section 503.404 - Informal Procedures
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal...
- Texas Section 503.405 - Monitoring Of License Holder
(a) The board by rule shall develop a system for monitoring a license holder's compliance with this chapter. (b) The rules must include procedures to:...
- Texas Section 503.406 - Application Of Administrative Procedure Law
A proceeding to revoke or suspend a license and an appeal from the proceeding is governed by Chapter 2001, Government Code. Acts 1999, 76th Leg.,...
SUBCHAPTER J PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 503.407 - Refund
(a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting...
- Texas Section 503.451 - Injunction
(a) The board or the department may institute in its own name an action to enjoin a violation of this chapter. An action under this...
- Texas Section 503.452 - Criminal Offenses
(a) A person commits an offense if the person knowingly: (1) engages in the practice of professional counseling without holding a license under this chapter;...
- Texas Section 503.453 - Report Of Alleged Offense
The board shall notify the appropriate prosecuting attorney of an alleged offense committed under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff....
SUBCHAPTER K ADMINISTRATIVE PENALTY
- Texas Section 503.454 - Cease And Desist Order
(a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under...
- Texas Section 503.501 - Imposition Of Administrative Penalty
The board may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under...
- Texas Section 503.502 - Amount Of Administrative Penalty
(a) The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation. Each day a violation continues...
- Texas Section 503.503 - Notice Of Violation And Penalty
If the department determines that a violation occurred, the department shall give written notice of the violation to the person. The notice must: (1) include...
- Texas Section 503.504 - Penalty To Be Paid Or Hearing Requested
(a) Within 10 days after the date the person receives the notice, the person in writing may: (1) accept the determination and recommended administrative penalty...
- Texas Section 503.505 - Hearing
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the department shall set a hearing and...
- Texas Section 503.506 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may determine that: (1) a violation occurred...
- Texas Section 503.507 - Options Following Decision: Pay Or Appeal
(a) Within 30 days after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition...
- Texas Section 503.508 - Collection Of Penalty
(a) If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b)...
- Texas Section 503.509 - Determination By Court
(a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 503.510 - Remittance Of Penalty And Interest
(a) If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the...
- Texas Section 503.511 - Administrative Procedure
A proceeding under this subchapter is a contested case under Chapter 2001, Government Code. Added by Acts 2003, 78th Leg., ch. 326, Sec. 11, eff....