Responding to the Texas State Board of Examiners of Psychologists: how to build your defense
Responding well to the Texas State Board of Examiners of Psychologists — through BHEC — is how you protect your licence. This guide explains how to build your defence: the two decisive moments, remedial plans versus agreed orders, the sanctions you might face, the factors BHEC weighs, and the SOAH hearing if no agreement is reached.
Key takeaways
- Your written response and your case at the Informal Settlement Conference are where a defence is won or lost.
- Minor, one-time matters may be resolved by a non-disciplinary remedial plan (Tex. Occ. Code §501.411) — but not where harm or a licence restriction is in play.
- BHEC’s sanctions run from reprimand and administrative penalties up to suspension and revocation, with penalties up to $5,000 per violation.
- BHEC follows a published disciplinary matrix and weighs aggravating and mitigating factors — self-reporting and remediation help.
- If you decline to settle, the case goes to a contested SOAH hearing.
Two decisive moments
A defence is built at two points above all: your written response within 30 days of the notice, and, if the case proceeds, the Informal Settlement Conference. Prepare each thoroughly — with the facts, the records, and the specific rules applied to them — because together they shape almost every outcome.
Remedial plan or agreed order?
For a minor, first-time matter, BHEC may offer a remedial plan under Tex. Occ. Code §501.411 — an agreed, non-disciplinary plan that lets you keep practising while you fix the issue. A remedial plan cannot revoke, suspend, limit or restrict your licence or impose an administrative penalty, and it can’t be used where the conduct poses a significant risk of harm, where a licence restriction may be warranted, or where you have had a remedial plan before. Otherwise, resolution is by agreed order — a negotiated settlement, which is disciplinary and public, with terms such as continuing education, corrective advertising, refunds, restrictions, or an administrative penalty.
The sanctions you might face
BHEC’s standard sanctions (22 TAC §884.20), from most to least severe, are revocation, suspension, probation, reprimand and administrative penalty, plus restrictions or conditions. An administrative penalty can reach $5,000 per violation, and each day a violation continues can count separately. The Council may also order remedial continuing education (§501.407), corrective advertising (§501.408) or a refund to the client.
How BHEC decides: the matrix and the factors
BHEC publishes a disciplinary matrix of standard sanctions for common violations (for example, advertising breaches usually draw a reprimand; failing to cooperate with an investigation usually draws a suspension). It then weighs aggravating factors (harm, intentional conduct, prior warnings, failure to remediate) against mitigating factors — notably self-reporting, accepting responsibility, remedial measures and rehabilitation. This is exactly where a well-built mitigation record changes the outcome.
If you don’t settle: SOAH
If you decline the settlement, the case goes to the State Office of Administrative Hearings (SOAH) for a contested hearing before an administrative law judge, where BHEC must prove its case by a preponderance of the evidence. The judge issues a proposal for decision; BHEC then issues a final order, which you can seek to have reconsidered and, ultimately, reviewed by a court.
Building the defence
Whatever the route, the strongest defences share the same ingredients: a prompt, factual, rule-focused response; scrupulous confidentiality; early correction of any genuine shortcoming; and documented insight, remediation and continuing education. Demonstrating that you have already addressed the underlying issue can move a case from an agreed order toward a remedial plan, or soften the terms of an order.
Earlier in the process? See the complaints starting guide and what to expect during an investigation.
Related courses
Demonstrate the insight and remediation BHEC’s panels reward with structured ethics and professional-development courses for U.S. psychologists:
CourseEnsuring No Repeat of Misconduct or Mistake in Future Practice CourseFitness to Practise for Healthcare Professionals CourseRebuilding Trust of Patients, Public and Healthcare Regulators CourseRemediation for Fitness to PractiseThese are structured ethics and professional-development courses with a certificate of completion. They are not accredited continuing education (CE) and are not a substitute for the Board’s mandatory continuing education requirements; confirm with the Board how any completion is recognized.
More Texas psychologist guides
Facing a complaint before the Texas State Board of Examiners of Psychologists (BHEC): a psychologist’s starting guide What to expect during a Texas State Board of Examiners of Psychologists (BHEC) investigationFrequently asked questions
What is the most important part of responding to BHEC?
Two things: your written response within 30 days of the notice, and, if the case proceeds, your case at the Informal Settlement Conference. Both heavily shape the outcome.
What is a remedial plan?
A non-disciplinary, agreed plan for a minor, first-time matter (Tex. Occ. Code §501.411) that lets you keep practising while fixing the issue. It cannot restrict your licence or impose a penalty, and cannot be used where harm or a restriction is in play.
What sanctions can BHEC impose?
From reprimand and administrative penalties up to probation, suspension and revocation, with penalties up to $5,000 per violation, plus remedial CE, corrective advertising or a refund.
What factors affect the sanction?
BHEC follows a disciplinary matrix and weighs aggravating factors (harm, intentional conduct, prior warnings) against mitigating ones — self-reporting, accepting responsibility, remediation and rehabilitation.
What happens if I decline to settle?
The case goes to a contested hearing at SOAH, where BHEC must prove the violation by a preponderance of the evidence.
Can I get my licence back after revocation?
Often, yes — through a petition for reinstatement after the required period, supported by evidence of rehabilitation.
This article is general information for education purposes and is not legal advice. If you have received a complaint, a records request or a notice of investigation, seek advice from a Texas attorney experienced in psychology licence defence and notify your professional liability insurer. Healthcare Ethics Courses is an independent education provider and is not affiliated with, endorsed by, or acting on behalf of the Texas Behavioral Health Executive Council, the Texas State Board of Examiners of Psychologists, or any state agency; names are used for reference only.