Professional Counselors apply…
Mental health, psychotherapeutic & human development principles
LPCs facilitate…
Human development, life span adjustment; prevent assess, evaluate & treat mental, emotional & behavioral disorders & distress; conduct assessments & evals; establish Tx plans & goals; evaluate Tx plans & interventions.
Counseling is defined as
Assisting clients through therapeutic relationship, using combo of mental health & development principles/methods & P/T to achieve mental, emotional, physical, social, moral, educational, spiritual or career-related development & adjustment across the life span.
Assessment is defined as
Selecting, administering, scoring & interpreting instruments designed to assess aptitude’s, abilities, achievements, interests, personal characteristics, disabilities & mental, emotional & behavioral D/o
What assessments are LPCs NOT able to use?
Standardized projective techniques such as Rorschach Ink Blot, Roberts Apperception Test, Thematic Apperception.
Consulting means…
The application of scientific principles & procedures in counseling & human development to provide assistance in understanding & solving current or potential problems that the person seeking consultation may have w/ another individual, group or organization.
Referral means…
Evaluating & identifying needs of counselee to determine the advisability of referral to other specialists, informing the counselor of such judgement & communicating as requested if deemed appropriate to such referral source.
LPCs are regulated by…
Texas Occupations Code Chapter 503 – Professional Counselors
Texas Occupations Code Chapter 503 – Professional Counselors is also known as
Licensed Professional Counselors Act
Texas Occupations Code Chapter 503 – Professional Counselors aka Licensed Professional Counselors Act does NOT allow for…
practice of medicine, law, counseling for government or educational institutions, counselor interns, federal employees, social workers, pastoral counselors, public/private nonprofits, rehab counselors & music therapists.
Does the Texas occupational code have a separate specialization for art therapy?
YES
LPCs are regulated by
Texas State Board of Examiners of Professional Counselors
Texas State Board of Examiners of Professional Counselors falls under
The Department is State Health Services
Licensed Professional Counselor or Licensed Counselor implies…
the person is licensed, trained, experienced or expert in counseling & engages in any practice of counseling w/ individuals, couples, families & groups for compensation.
Counseling treatment intervention means…
application of cognitive, affective, behavioral, psychodynamic & systemic counseling strategies including developmental, wellness & psychological dysfunction that reflect a pluralistic society.
Can a LPC diagnose or treat a physical condition or D/o?
No
Texas State Board of Examiners of Professional Counselors consists of…
9 members appointed by the governor including 5 LPCs (at least 3 in private practice & 1 counselor educator) & 4 members of the public.
How long is a Board members term?
6 years w/ the terms of 3 members expiring Feb 1 of each odd-numbered year
Who adopts & publishes LPC code of ethics?
The Board
Who adopts & lists authorized counseling methods & practices?
The Board
What 3 places does the Board establish consumers receive info on directing complaints?
1-written contracts for services, 2-sign prominently displayed in the place of business & 3-bill for services provided by persons regulated by the board.
Can the board request the department issue a subpoena to compel the attendance of a relevant witness?
YES
Are formal charges by the board against the holder of the license confidential?
No, the nature of charges, disciplinary proceedings & final disciplinary actions including warnings & reprimands by the board are subject to disclosure.
Does an LPC have to display their license?
Yes, in an appropriate in public manner.
How frequently does an LPC have to renew their license?
Biennially w/ no violations of the chapter & w/ appropriate continuing education requirements met.
When does the board notify an LPC that the license is expiring?
No later than the 30th day before the expiration date of the license.
What happens when a license has been expired for one year or more?
A new license can be obtained by complying with the requirements & procedures for obtaining an original license.
When is an LPC subject to disciplinary action by the board?
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…
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?
Yes, conducted by the State Office of Administrative Hearings.
Can a license be suspended temporarily without notice or a hearing?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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.
TRUE
A false, misleading, deceptive, fraudulent or exaggerated claim/statement could include (but not limited to)…
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.
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.
TRUE
True or false? A licensee shall discourage a client from holding exaggerated or false ideas about the licensees professional services.
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.
FALSE, licensee shall take immediate & reasonable action to correct falseideas 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.
TRUE, and the licensee shall take immediate and reasonable action to correct the statement.
True or false? A licensee can provide counseling anywhere anytime and in any way.
FALSE, a licensee can provide counseling only in the context of a professional relationship regardless of setting.
What does a licensee have to provide in writing to an individual before counseling services begin?
1-fees and arrangement for payment; 2-counseling purposes, goals and techniques; 3- any restrictions placed on license by the board; 4-limits of confidentiality; 5-any intent of the licensee to use another individual to provide counseling treatment intervention to the client; 6-supervision of the licensee by another licensed healthcare professional; 7-name address and telephone number of the board for the purpose of reporting violations; 8-plan for the custody and control of the individual’s mental health records in the event of the licensee’s death, incapacity or termination of the licensee’s counseling practice.
Can the licensee inform the client verbally of any changes to the counseling agreement?
No, clients must be informed of changes in WRITING prior to initiating changes.
Can technological means of communication be used to facilitate the therapeutic counseling process?
YES, interactive distance counseling can be used and must adhere to each provision of the rules and statutes of the board.
Can a licensee knowingly offer to pay or agree to accept any remuneration for securing or soliciting clients or patronage for or from any health care professional?
NO, no remuneration/ kick-back can occur directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation or entity to the licensee.
Can a licensee engage in activities for the licensee’s personal gain at the expense of a client?
NO
Can a licensee engage in activities, services or product sales with a client?
Yes, if such activities, services or products are to facilitate the counseling process or help achieve the client’s counseling goals. The licensee must first inform the client of the licensee’s personal and/or business interest in the activity prior to engaging in the activity/sale.
Can a licensee exert undue influence in promoting activities, services or products for which the licensee has personal and or business interest?
NO
True or false? A licensee must set and maintain professional boundaries.
TRUE
True or false? non-therapeutic relationships with clients are prohibited.
TRUE
A non-therapeutic relationship is defined as…
Any non-counseling activity initiated by either the licensee or the client that results in a relationship unrelated to therapy.
How many years have to pass before a licensee may engage in a non-therapeutic relationship with a client?
More than 2 years after the end of the counseling relationship and the non-therapeutic relationship is consensual, not the result of exploitation by the licensee and is not detrimental to the client.
How many years must pass before a licensee may engage in sexual contact with a client?
More than 5 years after the end of the counseling relationship and the non-therapeutic relationship is consensual, not the result of exploitation by the licensee and is not detrimental to the client.
For non-therapeutic and sexual relationships with clients, does the licensee have to demonstrate there is no exploitation and no harm to the client?
YES
Can a licensee provide counseling service to previous or current family members, personal friends, educational associates or business associates?
NO
Can a licensee give or except a gift from a client or a relative of a client valued at more than $50?
NO
True or false? A licensee can borrow or lend money or items of value to clients or relatives of clients and except payment in the form of goods or services rendered by client or relative of a client.
FALSE
True or false? A licensee can offer and provide counseling to an individual concurrently receiving counseling treatment intervention from another mental health counselor without informing the other counselor.
FALSE, licensee should request release from the client to inform the other professional striving to establish positive and collaborative professional relationships.
Yes or no? A licensee may take reasonable action to inform medical or law-enforcement personnel if the licensee determines that there is a probability of eminent physical injury by the client to the client or others or there was a probability of a media mental or emotional injury to the client.
YES
Does the licensee have to take reasonable precautions to protect individuals from physical or emotional harm resulting from interactions within a group or from individual counseling?
YES
What has to be documented to be considered accurate record keeping of counseling w/ each client?
1-intake assessment; 2-dates of counseling treatment intervention; 3-principal treatment methods; 4-progress notes; 5-treatment plan; 6-billing information.
How long does a licensee have to keep records of a client?
A minimum of 5 years from the date of the last contact with the client.
True or false? LPCs can only bill clients or third parties for services actually rendered.
TRUE
Yes or no? Relationships between a licensee and any other person used by the licensee to provide services to a client will be reflected on billing documents.
YES
If a written request is made, LPCs must provide a written explanation of a billing statement to a client or client’s guardian.
TRUE
What is the exception for a licensee to submit a bill to a client for counseling treatment intervention that was not provided?
Unkept appointment or no-show fee.
Does an LPC have to comply with requests for the release of mental health records and confidential information?
Yes, under the guidelines of Texas Health and Safety Code, chapters 611 and 181.
What is the policy of providing counseling services to a minor client who is named in a custody agreement or court order?
LPC shall obtain, review and maintain in the minor client’s record a current copy of the custody agreement or court order as well as any applicable part of the divorce decree before beginning counseling services.
What should an LPC do when it is reasonably clear that the client is not benefiting from the counseling relationship?
Terminate the professional counseling relationship. If professional counseling is still necessary, the LPC shall take reasonable steps to facilitate the transfer to appropriate care.
Can an LPC evaluate an individual’s mental emotional or behavioral condition if the LPC has not personally interview the individual?
No, or the LPC must disclose within the evaluation that the LOC has NOT personally interviewed the individual.
True or false? An LPC shall not aid or abet the unlicensed practice of professional counseling by a person required to be licensed.
TRUE
Yes or no? An LPC shall report to the board knowledge of any unlicensed practice of counseling.
YES
Sexual contact means…
1-deviate sexual intercourse; 2-sexual contact; 3-sexual intercourse; 4-requests or offers by a licensee for deviate sexual intercourse, sexual contact or sexual intercourse.
Sexual exploitation means…
A pattern, practice or scheme of conduct, which may include sexual contact that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person.
Sexual exploitation does NOT mean…
Obtaining information about a client sexual history within standard excepted practice while treating a sexual relationship dysfunction.
Therapeutic deception means…
A representation by an LPC that sexual contact with, or sexual exploitation by, the LPC is consistent with, or a part of, a clients or former clients counseling.
An LPC shall NOT engage in sexual contact with or sexual exploitation of a person who is…
1-A client; 2-an LPC Intern supervised by the licensee; 3-Is student of a licensee add an educational institution at which the licensee provides professional or educational services.
Sexual contact that occurs more than __ years after the termination of the client relationship, an LPC intern or a student of the licensee at a post secondary educational institution will not be deemed a violation.
5 years and if the conduct is consensual, not the result of sexual exploitation and not detrimental to the client
True or false? The LPC must demonstrate that there has been no exploitation in a sexual or romantic relationship w/ a previous client including…
TRUE, 1-amount of time that has passed since therapy terminated; 2-nature and duration of the therapy; 3-circumstances of termination; 4-client’s personal history; 5-client’s current mental status; 6-likelihood of adverse impact on the client and others; 7-any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client.
A licensee CAN or CANNOT practice therapeutic deception of a person who is a client?
CANNOT
True or false? It is NOT a defense if the sexual contact, sexual exploitation or therapeutic deception with the person occurred with consent, outside the professional counseling sessions or off the premises regularly used for professionally counseling sessions.
TRUE
Yes or no? Sexual exploitation if done for the purpose of sexual arousal or gratification or sexual abuse of any person may include sexual harassment, sexual solicitation, physical advances, and or verbal or nonverbal conduct that is sexual in nature.
YES
Conduct that is sexual in nature includes…
1-conduct that is offensive or creates a hostile environment, and the licensee knows or is told this
Conduct that is sexual in nature includes…
2-is sufficiently severe or intense to be abusive to a reasonable person in the context
Conduct that is sexual in nature includes…
3-any behavior, gestures or expressions which may reasonably be interpreted as seductive or sexual
Conduct that is sexual in nature includes…
4-sexual comments about or to a person, including making sexual comments about a person’s body
Conduct that is sexual in nature includes…
5- making sexually demeaning comments about an individual’s sexual orientation
Conduct that is sexual in nature includes…
6-making comments about potential sexual performance except when the comment is pertinent pertinent to the issue of sexual function or dysfunction in counseling
Conduct that is sexual in nature includes…
7-Requesting details of sexual history or sexual likes and dislikes when not necessary for counseling of the individual
Conduct that is sexual in nature includes…
8-initiating conversation regarding the sexual problems, preferences or fantasies of the licensee
Conduct that is sexual in nature includes…
9-kissing or fondling
Conduct that is sexual in nature includes…
10-making a request for a date
Conduct that is sexual in nature includes…
11-any other deliberate or repeated comments, gestures or physical acts not constituting sexual intimacy’s but of a sexual nature
Conduct that is sexual in nature includes…
12-any bodily exposure of genitals, anus or breasts
Conduct that is sexual in nature includes…
13-encouraging another to masturbate in the presence of the licensee
Conduct that is sexual in nature includes…
14-Masturbation by the licensee when another is present
True or false? An LPC shall report sexual misconduct there is reasonable cause to suspect that a client has been the victim of sexual exploitation, sexual contact or therapeutic deception by another licensee or a mental health provider.
TRUE
Yes or no? An LPC shall report sexual misconduct if a client alleges sexual exploitation, sexual contact or therapeutic deception by another licensee or mental health services provider.
YES
How long does an LPC have to report sexual misconduct?
No later than the third (3rd) business day after the date the LPC became aware of the conduct or the allegations.
Who does the LPC report sexual misconduct to?
1-The prosecuting attorney and the county in which the alleged sexual exploitation, sexual contact or therapeutic deception occurred; 2-The board if the conduct involves a licensee and any other state licensing agency which licenses the mental health provider; 3-The appropriate agency relating to Confidentiality and Required Reporting
Yes or no? Does the LPC/reporter have to inform the alleged victim of the reporter’s duty to report?
YES, and determine if the alleged victim wants to remain anonymous.
What information does a report of sexual misconduct need to contain?
1-LPC/ reporter’s identity; 2-identity of the alleged victim, unless the alleged victim has requested anonymity; 3-Express suspicion that sexual exploitation, sexual contact or therapeutic deception has occurred; 4-name of the alleged perpetrator.
If an LPC uses tests as part of a professional counseling relationship, Does the client need to be informed?
YES, clients should know the purposes and explicit use of the test being used.
Can an LPCs use standardize projective techniques and tests?
NO, the use of standardized projective techniques such as (but not limited to) the Rorschach Ink Blot, the Holtzman Ink Blot, the Thematic Apperception, Children’s Apperception and/or Senior Apperception tests are PROHIBITED.
What is the Code of Ethics policy on an LPC’s drug and alcohol use?
Shall NOT 1-use alcohol or drugs in a manner that adversely affects the licensee’s ability to provide counseling; 2-use illegal drugs of any kind; 3-promote, encourage or concur in the illegal use or possession of alcohol or drugs.
What is the code of ethics policy regarding confidentiality?
Communication between a licensee and client and the clients records, however created or stored, or confidential under the provisions of the Texas Health and Safety Code.
Is a licensee able to disclose any communication, record or identity of a client except as provided in Texas Health and Safety Code?
NO
What are the EXCEPTIONS to an LPC disclosing communication, records or identity of a client?
1-to report issues of abuse or neglect of minors; 2-to report issues of abuse, neglect or exploitation of elderly or disabled persons; 3-to report issues concerning abuse, neglect and illegal, unprofessional or unethical conduct in an inpatient mental health facility, a chemical dependency treatment facility or a hospital providing comprehensive medical rehabilitation services; 4-to report issues concerning sexual exploitation by a mental health provider; 5-issues relating to the release and exchange of information concerning the treatment of a sex offender.
A licensee shall make written reports to the board office within _ days of the following…
30 days, due to 1-an arrest of the licensee, other than for a Class C misdemeanor traffic offense; 2-the filing of a criminal case against the licensee; 3-A criminal conviction of the licensee other than for a Class C misdemeanor traffic offense; 4-the filing of a disciplinary action or the taking of a disciplinary action against the licensee by another state licensing board, in either Texas or another state, or by a professional organization.
What happens if an LPC fails to make a report of an arrest, filing of a criminal case or criminal conviction against the licensee?
It is grounds for disciplinary action by the board.
The licensee shall report name changes, any changes in home or business address or phone number, employment setting, or other relevant changes to the board in writing within __ days of the change.
30 days
Regarding consumer information, a licensee shall inform each client of the name, address and telephone number of the board for the purpose of reporting violations on…
1-each application and written contract for services; 2-a sign prominently displayed in the primary place of business; 3-bills for counseling services provided to a client.
Can an LPC display a copy or reproduction of their license?
NO, a licensee shall not display a license certificate or current renewal card that has been reproduced, is expired, suspended or revoked.
On advertisements, billings and announcements of counseling treatment by an LPC intern, does the name of the supervisor have to be displayed?
YES, the intern’s name shall be followed by the name of the supervisor in the same type size and font.
Regarding advertising and announcements, they shall NOT contain…
Information which is false, in accurate, misleading, incomplete, out of context, deceptive or not readily verifiable.
Advertising includes, but is not limited to…
Any announcement of services, letterhead, business cards, commercial products and billing statements.
If a licensee retains or hires others to advertise or promote the licensee’s practice, who is responsible for the statements and the representations?
The licensee/ LPC.
Does the board impose restrictions on advertising by a licensee with regard to the use of any medium, the licensee’s personal appearance or the use of his or her personal voice, the size or duration of an advertisement by a licensee or the use of a trade name?
NO
All advertisements or announcements of counseling must include…
The licensee’s licensure status by the use of a title such as “License Counselor” or “License Professional Counselor” or “LPC” or a statement such as “licensed by the Texas State Board of Examiners of Professional Counselors.”
Can LPCs participate in research and publications?
YES, while taking responsible precautions to ensure that participants do not suffer emotional or physical harm, ensuring full protection of clients identities and giving due credit through joint authorship for those who contributed.
Can the board take disciplinary action based on information received after issuing a license to an LPC, if the information would have been the basis for denial of the licensure had it been received three for the issuance of the license?
YES
Can an LPC Intern practice within their own private independent practice of professional counseling?
NO, an LPC Intern may practice only under the supervision of a licensed professional counselor supervisor and the supervisor can NOT be an employee of an LPC Intern.
Can clients make payments for services directly to the LPC Intern?
NO
Are client records the property of the LPC Intern?
NO