Proposed Changes to the Texas BHEC Disciplinary Process: What Mental Health Professionals Need to Know

What Is BHEC and Why Does It Matter for Texas Mental Health Professionals?

The Behavioral Health Executive Council (BHEC) is the licensing authority in Texas for mental health professionals, including Licensed Professional Counselors (LPCs), Marriage and Family Therapists (LMFTs), psychologists, and social workers. BHEC oversees licensure, enforcement of professional standards, and the disciplinary process for these professions.

Recently, BHEC proposed amendments to Rule §884.11, which governs aspects of the disciplinary process. These proposed changes have important implications for how disciplinary matters may be reviewed and resolved moving forward.

Proposed Changes to the BHEC Disciplinary Process Explained

BHEC’s proposed amendment modifies subsection (c) of Rule §884.11. While the wording change may appear subtle, the impact is significant in terms of professional representation during disciplinary proceedings.

Understanding Rule §884.11 and the Informal Settlement Conference

Previous Rule Language (§884.11(c))

Agency staff may solicit input from and request the assistance of board members if there are concerns about the standard of care, scope of practice, or ethical practice shown by a licensee.

A Disciplinary Review Panel shall consist of not more than three board members selected by the member board. The panel shall confer with each other and select a chair for the informal conference. The panel chair shall exercise reasonable control over the mode and order of the appearance by the parties, the presentation of witnesses and evidence, and the overall order and decorum during the proceedings. Complainants and respondents will be provided an opportunity to be heard by the panel, at a time separate and apart from the other.

Proposed Rule Language (§884.11(c))

Agency staff may solicit input from and request the assistance of board members if there are concerns about the standard of care, scope of practice, or ethical practice shown by a licensee.

The language describing the Disciplinary Review Panel, including its composition and role during an Informal Settlement Conference, has been removed.

How the BHEC Disciplinary Review Panel Previously Worked

Under the prior rule, an Informal Settlement Conference (ISC) involved a Disciplinary Review Panel composed of professional board members. These individuals brought clinical expertise and profession-specific knowledge into the review process, particularly when evaluating standards of care, ethical decision-making, and scope of practice issues.

The presence of licensed professionals helped ensure that disciplinary discussions were informed by real-world clinical practice and professional norms.

What the Removal of Professional Board Members Could Mean for Clinicians

The proposed amendment removes the requirement for a professional board member to participate in the ISC. As a result, a mental health professional may no longer be present during these conferences to offer a clinical or profession-specific perspective.

For many clinicians, this raises important questions about how clinical judgment, ethical nuance, and professional context will be evaluated during disciplinary proceedings moving forward.

How This BHEC Rule Change Affects LPCs, LMFTs, Psychologists, and Social Workers

Because BHEC oversees multiple mental health professions in Texas, any adopted procedural changes apply broadly across license types. All Texas mental health professionals should be aware of how these changes may affect the handling of complaints, investigations, and informal resolutions.

Do Texas Therapists Still Have Due Process During Disciplinary Proceedings?

Licensees will continue to have the opportunity to respond to complaints and participate in the disciplinary process. However, the structure of who participates in Informal Settlement Conferences, and how professional expertise is incorporated, may differ from prior practice.

Understanding these changes can help clinicians navigate the process more confidently if concerns ever arise.

Public Comment Status and Next Steps

The public comment period for this proposed rule amendment has already closed. BHEC will determine whether to adopt the rule as proposed and how it will be implemented.

In the meantime, education and preparation remain key for licensees.

Why Texas Mental Health Professionals Should Understand the BHEC Disciplinary Process

While most clinicians hope never to encounter a disciplinary complaint, understanding the process ahead of time can reduce anxiety, support informed decision making, and help protect one’s license. Knowledge of timelines, investigator roles, and potential outcomes is an important part of ethical and professional practice.

Learn More: Ethics CEU on the Texas BHEC Disciplinary Process

The BHEC Disciplinary Process
1 Ethics CEU | $10.00

Presenter: Laurel Clement, Attorney and LPC Supervisor
Date: Friday, February 13, 2026
Time: Noon to 1:00 p.m.

This webinar will address:

• What an Informal Settlement Conference is and is not

• The role of the investigator

• Typical timelines in the investigative process

• What appears on a license while a case is pending

• What SOAH is and when it becomes involved

• When cases may proceed to a district court in Austin

This session offers a clear and informative overview of a process many clinicians may never need but should understand.

Registration Link:
https://us02web.zoom.us/webinar/register/WN_LFZXwysIT8mNUepLcO1dcg

Frequently Asked Questions (FAQ)

What is an Informal Settlement Conference (ISC)?

An Informal Settlement Conference is part of the BHEC disciplinary process where allegations, investigative findings, and possible resolutions are discussed. It is not a court hearing, but it can result in agreed disciplinary actions or referrals to further proceedings.

Who traditionally participated in an ISC?

Historically, ISCs included a Disciplinary Review Panel composed of professional board members who provided clinical and profession-specific expertise.

What is changing under the proposed rule amendment?

The proposed amendment removes the language requiring a Disciplinary Review Panel and professional board member participation during the ISC process.

Why does professional board member involvement matter?

Professional board members offer insight into clinical judgment, ethical nuance, and real-world practice considerations, which can be particularly important in evaluating standards of care.

Does this mean clinicians lose the right to be heard?

No. Licensees will still have opportunities to respond and participate. However, the composition of those present during the ISC may change.

Does this affect all mental health licenses in Texas?

Yes. BHEC oversees LPCs, LMFTs, psychologists, and social workers, and procedural changes apply across these professions.

Has the rule change taken effect?

The rule has been proposed, and the public comment period has closed. Final adoption and implementation details will depend on BHEC’s final action.

Where can clinicians learn more?

Educational programs led by professionals experienced in Texas licensure and disciplinary law, such as the upcoming ethics webinar, can provide helpful clarity and preparation.