Texas LPC Jurisprudence Exam QUESTIONS WITH
CORRECT DETAILED ANSWERS
Texas State Board of Examiners of Professional Counselors consists of... - ANSWER✔ ✔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? - ANSWER✔✔6 years w/ the terms of 3 members expiring Feb 1 of each odd-numbered year Who adopts & publishes LPC code of ethics? - ANSWER✔✔The Board Who adopts & lists authorized counseling methods & practices? - ANSWER✔✔The Board What 3 places does the Board establish consumers receive info on directing complaints? - ANSWER✔✔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? - ANSWER✔✔YES Are formal charges by the board against the holder of the license confidential? - ANSWER✔✔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? - ANSWER✔✔Yes, in an appropriate in public manner.How frequently does an LPC have to renew their license? - ANSWER✔✔Biennially w/ no violations of the chapter & w/ appropriate continuing education requirements met. 1 / 3
When does the board notify an LPC that the license is expiring? - ANSWER✔✔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? - ANSWER✔✔ 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? - ANSWER✔✔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... - ANSWER✔✔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? - ANSWER✔✔Yes, conducted by the State Office of Administrative Hearings.Can a license be suspended temporarily without notice or a hearing? - ANSWER✔✔ 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? - ANSWER✔✔ 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? - ANSWER✔✔1- engaging in the practice of professional counseling without holding a license; 2- representing the person by the title "License Professional Counselor" or "Licensed 2 / 3
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? - ANSWER✔✔ 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? - ANSWER✔✔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? - ANSWER✔✔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? - ANSWER✔✔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? - ANSWER✔✔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? - ANSWER✔ ✔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.
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