When is an LPC subject to disciplinary action by the board? - ANS ✓1-
violates the chapter, rule or code of ethics; 2-commits an act for which the license
holder is liable under the civil practice and remedies code; 3-is legally committed
to an institution because of mental incompetence from any cause; 4-directly or
indirectly offers to pay or agrees to except remuneration to or from any person
for securing or soliciting a patient or patronage.
If an LPC is subject to disciplinary action the board can... - ANS ✓1-revoke or
suspend the person's license; 2-refuse to renew the persons license; 3-suspend
the persons license and place the person on probation with the license
suspension probated; 4-Reprimand the person.
Is the license holder entitled to a hearing before a sanction is imposed by
the board? - ANS ✓Yes, conducted by the State Office of Administrative
Hearings.
Can a license be suspended temporarily without notice or a hearing? - ANS
✓Yes, if the evidence or information presented that continued practice by the
license holder would constitute a continuing an eminent threat to the public
welfare.
Can the board order a license holder to pay a refund to a consumer? - ANS
✓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? - ANS
✓1-engaging in the practice of professional counselling without holding a
TEXAS LPC
, 2
TEXAS
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? - ANS
✓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? - ANS ✓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? - ANS
✓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? - ANS ✓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? - ANS ✓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? -
ANS ✓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.
TEXAS LPC
, 3
TEXAS
What happens if the person does not pay the administrative penalty? - ANS
✓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. - ANS ✓TRUE
A false, misleading, deceptive, fraudulent or exaggerated claim/statement
could include (but not limited to)... - ANS ✓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 counselling.
True or false? A licensee shall not make false or misleading
claims/statements about services of mental health organizations or
agencies effectiveness of service, qualifications or products. - ANS ✓TRUE
True or false? A licensee shall discourage a client from holding exaggerated
or false ideas about the licensees professional services. - ANS ✓TRUE
True or false? A licensee does NOT have to take action to correct false or
exaggerated ideas held by a client if the licensee learns of this. - ANS
✓FALSE, licensee shall take immediate & reasonable action to correct false ideas
held by client.
True or false? A licensee has to make reasonable efforts to discourage
others from making misrepresentations, exaggerated or deceptive claims
about the licensee's practice or services. - ANS ✓TRUE, and the licensee shall
take immediate and reasonable action to correct the statement.
True or false? A licensee can provide counselling anywhere anytime and in
any way. - ANS ✓FALSE, a licensee can provide counselling only in the context of
a professional relationship regardless of setting.
TEXAS LPC
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