Texas State Board of Examiners of Psychologists License Defense Attorneys

The attorneys at Ray & Weinstein, P.C. represent clients in Texas State Board of Examiners of Psychologists License Defense cases. Texas Psychologists face a significant number of rules and regulations promulgated by the Texas State Board of Examiners of Psychologists. The Texas State Board of Examiners of Psychologists is part of the Texas Behavioral Health Executive Council. Any alleged violation of these rules and regulations can result in an obstacle to a Psychologists ability to practice in Texas. The firm practices Texas TSBEP License Defense. From Texas TSBEP application Denial Hearings to Complaints, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas TSBEP License clients in these Locations of Practice.

Texas State Board of Examiners of Psychologists License Defense Lawyers

Many individuals possess Psychologist Licenses issued by Texas TSBEP. Most Texas TSBEP licensed Psychologists have minimal or no contact with the disciplinary systems of the Texas State Board of Examiners of Psychologists. For Texas licensed Psychologists who become part of the Texas TSBEP disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.

Texas TSBEP Investigation Defense Lawyers

The majority of Texas State Board of Examiners of Psychologists License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas TSBEP utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Psychologists. Texas TSBEP works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Psychologists. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the Texas State Board of Examiners of Psychologists License disciplinary process. At the conclusion of a Texas TSBEP investigation, Texas TSBEP has several options. The Texas State Board of Examiners of Psychologists can choose to close the Complaint. Texas TSBEP can choose to issue an Administrative Penalty. The Texas State Board of Examiners of Psychologists can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Complaint. Texas TSBEP legal counsel will determine whether cause exists to file a Complaint. Texas TSBEP may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas State Board of Examiners of Psychologists may refer the case to the District Attorney’s Office for criminal prosecution.

Texas TSBEP Complaint Defense Attorneys

A Complaint served on a Texas Psychologist serves as notice to a licensee that Texas TSBEP intends to suspend or revoke the Texas Psychologist License. The licensee, now called the Respondent, has only a specific number of days from the date that the Complaint was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Psychologist License. A Default will result in the immediate Revocation of the Texas Psychologist License.

The filing of a Complaint is a serious matter that can result in the suspension or revocation of a Psychologist License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas TSBEP. An Agreed Order is a formal term for a settlement agreement. If an Agreed Order  cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).

Texas State Board of Examiners of Psychologists Hearing Attorneys

The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas TSBEP disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The Texas TSBEP Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas State Board of Examiners of Psychologists and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas State Board of Examiners of Psychologists action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.

Texas State Board of Examiners of Psychologists License and Criminal Convictions

Texas TSBEP can discipline Psychologist Licensees for criminal convictions. Administrative Law discipline for Texas Psychologists primarily occurs for felony criminal convictions and criminal convictions related to the Psychologist License. The Texas State Board of Examiners of Psychologists and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas TSBEP License discipline are:

  • Aggravated Assault
  • Battery
  • Burglary
  • Child Abuse
  • Domestic Violence
  • Drug Trafficking
  • DWI
  • Elder Abuse
  • Firearms Violations
  • Forgery
  • Fraud
  • Identity Theft
  • Insurance Fraud
  • Larceny
  • Medicare Fraud
  • Money Laundering
  • Mortgage Fraud
  • Perjury
  • Possession with Intent to Distribute
  • Possession of a Controlled Substance
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Stalking
  • Theft
  • Trespass
  • Vandalism
  • Weapons Violations

Texas TSBEP License Denial Defense Attorneys

The Texas State Board of Examiners of Psychologists thoroughly investigates all applicants for Psychologist Licenses. Texas TSBEP may deny licensees from other states and countries. Most Texas Psychologist License denials occur due to criminal convictions, financial problems or misstatements on the Psychologist License application. Denial Hearings and Complaint Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Psychologist License Denial Hearing, the applicant bears the burden of proof.

Texas State Board of Examiners of Psychologists Petition for Reinstatement Lawyers

A Petition for Reinstatement allows individuals who have received a Texas TSBEP License Revocation to reinstate their Texas Psychologist License. The Petition for Reinstatement may result in an investigation by Texas TSBEP. Subsequent to an investigation, the Texas TSBEP may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Texas TSBEP may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.