What to expect during a Texas State Board of Examiners of Psychologists (BHEC) investigation
Once a complaint against a Texas psychologist becomes an investigation, the BHEC process has a clear shape. This guide explains what to expect: how the investigation runs, the probable-cause decision, the Informal Settlement Conference, the standard of proof, and where the case can go from there.
Key takeaways
- BHEC’s Enforcement Division investigates; investigations generally aim to conclude within 6 to 12 months.
- After investigating, BHEC decides whether there is probable cause that a violation occurred.
- No probable cause → the case is dismissed by the Executive Director; probable cause → it goes to an Informal Settlement Conference.
- Where standard-of-care or scope questions need expert input, the ISC is held before a Disciplinary Review Panel.
- If a case reaches SOAH, BHEC must prove the violation by a preponderance of the evidence.
How the investigation runs
BHEC’s Enforcement Division assigns an investigator, who reviews the complaint, your response and the supporting documentation to decide whether a violation occurred. You can submit further information as the case develops. BHEC aims to complete investigations within six to twelve months, though complex matters take longer. Where the concern involves your fitness to practise, the Council can require a physical or mental (competency) evaluation under Chapter 501.
The probable-cause decision
At the end of the investigation, BHEC decides whether there is probable cause — enough evidence that a reasonably prudent person would believe you violated a rule or law within BHEC’s jurisdiction. No probable cause → the case is referred to the Executive Director for dismissal, and both you and the complainant are notified. Probable cause → the case is referred for an Informal Settlement Conference (ISC).
The Informal Settlement Conference
Before the ISC, BHEC often sends a proposed agreed order or settlement offer. The ISC itself is held either with BHEC staff or, where expert testimony is needed to establish a standard-of-care or scope-of-practice issue, before a Disciplinary Review Panel. You and the complainant may present evidence separately. Afterwards BHEC recommends an informal disposition: dismissal, remand for further investigation, or a settlement offer involving disciplinary action.
The standard of proof
If the case is not resolved informally and proceeds to a contested hearing, it goes to the State Office of Administrative Hearings (SOAH), where BHEC must prove the violation by a preponderance of the evidence — “more likely than not.” That is a lower bar than California’s clear-and-convincing standard, which makes a careful, well-evidenced defence important from the outset.
Your rights and obligations during the investigation
You can be represented throughout and should engage early. Remember, too, your reporting duties: within 30 days you must tell BHEC of any criminal conviction, community supervision or pretrial diversion, any lawsuit relating to your services or billing, and any disciplinary action by another agency. Cooperating with the investigation matters — a failure to cooperate is itself a violation that generally draws a suspension.
Where it can go from here
An investigation ends in dismissal, a remedial plan (a non-disciplinary resolution for minor matters), an agreed order, or — if you decline to settle — a contested hearing at SOAH. Our guide to building your defence explains the response and discipline stage; if you are earlier in the process, start with the complaints starting guide.
Related courses
Use the time well: demonstrate insight, competence and reflection with structured ethics and professional-development courses for U.S. psychologists:
CourseDealing with a Complaint or Investigation Professionally CourseEnsuring Clinical Competence and Patient Safety CourseInsight for Fitness to Practice CourseReflection 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 Responding to the Texas State Board of Examiners of Psychologists: how to build your defenseFrequently asked questions
How long does a BHEC investigation take?
BHEC aims to complete investigations within six to twelve months, though complex matters take longer.
What does ‘probable cause’ mean?
Enough evidence that a reasonably prudent person would believe a violation within BHEC’s jurisdiction occurred. No probable cause means dismissal; probable cause means the case goes to an Informal Settlement Conference.
What is an Informal Settlement Conference?
A meeting held with BHEC staff, or before a Disciplinary Review Panel where expert testimony is needed. It can lead to dismissal, further investigation, or a settlement offer.
What is the standard of proof?
At a contested SOAH hearing, BHEC must prove the violation by a preponderance of the evidence — lower than California’s clear-and-convincing standard.
Does Texas have a diversion program for psychologists?
No. Where impairment is in question, BHEC can require a competency evaluation and treatment, handled as part of the resolution rather than through a separate diversion track.
Can BHEC make me undergo an evaluation?
Yes. Under Chapter 501 the Council can require a physical or mental (competency) evaluation where your fitness to practise is in question.
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.