Once a complaint has been determined to be within the Councils jurisdiction, the complainant is notified in writing that the complaint has been opened with an assigned case number, and an investigator pursues the investigation in a manner appropriate to the complaint. of care or the scope of practice for the profession. Final Consent Agreement and Orders can be obtained by double clicking the link provided. By providing a name and address, HHSC investigative staff will be able to contact the complainant for additional information necessary to investigate the complaint. The .gov means its official. Franks, Roy Thomas, Giddings, TX. If you are a marriage and family therapist, professional counselor, or social worker and you are concerned about protecting your license, please contact us today by calling 512-495-9995. Health & Safety Code 773.0614 related to conviction for one (1) count of Sexual Assault of a Child and counts two (2) through nine (9) deferred adjudication community supervision for Sexual Assault of a Child. Gillock, Robert, Poolville, TX. Horne, Isaiah, Bedford and/or Irving, TX. 0 Licensed Chemical Dependency Counselor or Counselor Intern. December 2, 2021, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). Complainants Tine, Hunter Kit, Fort Worth and/or North Richland Hills, TX. will also receive written notification if their complaint is dismissed. Access the Guide to Applying for an Occupational License After Conviction or Deferred Adjudication". endstream endobj 3039 0 obj <. Austin, TX 78714-9055. Administrative Penalty of $108,750.00 held in abeyance for 21 months. They decide if there was a violation and what disciplinary action they will take, if any. While our offices are closed right now - we are happy to chat with you M-F: 8:30am 5:30pm ET. Perry, Ryan C., Navasota, TX. HHSC reviews all complaints to determine if the agency has jurisdiction and if the allegation is a violation of statute or rule as listed in the complaint. November 9, 2021, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). does not accept the agreed order, the agency refers the complaint to the State An automated search of the Texas Real Estate Commission's database for the past ten (10) years reveals no disciplinary actions for this license number. All investigative materials and information are confidential and privileged by statute. Ortega, Hiram Edmundo, San Antonio, TX. Violated EMS Rules 25 TAC 157.43(h)(17), 157.43(m)(3)(B), The hearing is open to the referral system: 1-800-821-3205. You can file a complaint by completing a form and submitting to the EMS Compliance Unit: Email: EMS_Complaint@dshs.texas.gov Fax: 512-821-4510 Mail: Mail Code-1876, Texas Department of State Health Services, Attn: EMS Complaints, PO Box 149347, Austin, TX 78714-9347 VISTAS Online contains the full text of over 900 proprietary counseling articles published from 2004 to 2017. July 15, 2022, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). Fax: (512) 438-5671. 08/31/2024. Inappropriate relationships and boundaries with clients. Our EMS Compliance Unit investigates complaints against: Complaints involve possible violations of: You can file a complaint by completing a form and submitting to the EMS Compliance Unit:Email:EMS_Complaint@dshs.texas.govFax:512-821-4510Mail: administrative law judge will make a Proposal for Decision (PFD) containing the We can't release any of this, not even to the complainant. Violated HSC 773.050(a) and EMS Rules 25 TAC 157.11(m)(1), 157.11(m)(4), 157.11(n)(1), 157.11(n)(5), and 157.16(d)(14) (rules in effect on the date of the occurrence related to staffing an EMS ambulance vehicle with EMS personnel with expired certifications and failure to comply with an Agreed Order. Complaints must be submitted to the Council on an approved complaint form, which may be downloaded from the Forms and Publications webpage or by clicking here. Violated EMS Rules 25 TAC 157.36(b)(16), 157.36(b)(22), 157.36(b)(31), 157.36(b)(32), and 157.36(b)(33) related to misappropriating medication and supplies from his employer and testing positive for Amphetamines, Methamphetamines, and Ecstasy (MDMA). 90-days Suspension from December 8, 2022, until March 8, 2022, followed by a Probated Suspension until December 8, 2023. October 11, 2021, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.16(a). March 2, 2023, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). We will open a formal investigation and assign it to an investigator if the violation meets these conditions. Hire an Experienced License Defense Attorney document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Bertolino, LLP. the control of the agency staff and licensee under investigation affect Its purpose is to provide a means of capturing the ideas, information and experiences generated by the annual ACA Conference and selected ACA Division Conferences. If you have been notified of a complaint filed against you with the Texas State Board of Examiners of Professional Counselors, BERTOLINO LLP can help. Get a copy of Tony Bertolinos Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here. June 1, 2020, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). The agency would be likely to prevail at a hearing before SOAH based upon the information provided. P.O. Violated Texas Occupations Code 53.021(b) related to felony conviction and imprisonment for two counts of Manslaughter. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757 and schedule a case evaluation. cause is found for the alleged violation(s), the complaint is referred for an Violated EMS Rules 25 TAC 157.36(b)(2), 157.44(i)(2)(B), 157.44(i)(2)(I), 157.44(i)(2)(J), 157.44(i)(2)(N), 157.44(i)(2)(Y)(ii), 157.44(i)(2)(Y)(iii), 157.44(i)(2)(Z)(ii), and 157.44(i)(2)(Z)(iii), related to failure to fulfill responsibilities as an EMS Instructor, failure to accurately teach the course curriculum, sexually harassing female students, and exhibiting unprofessional conduct discrimination and verbal abuse. The complainant is also Report Fraud, Discrimination, and Corruption, 1801 Congress Ave., Ste. Research, Funding, & Educational Resources. We will first decide if we have jurisdiction to act. Attn: EMS Complaints, Licensed professional counselors (or in some states, "licensed clinical professional counselors" or "licensed mental health counselors") provide mental health and substance abuse care to millions of Americans. Violated EMS Rules 25 157.36(b)(3), 157.36(b)(6), 157.36(b)(7), 157.36(b)(28), and 157.36(b)(30) rules in effect on the date of occurrence, related to permitting physical or emotional abuse or injury to a patient or the public, and/or failing to report such abuse or injury to the employer, appropriate legal authority and/or the department, failure to follow Medical Director's Protocols, failure to make accurate, complete, and/or clear patient care report, engaging in conduct that jeopardizes or has potential to jeopardize a patient. Identify titles, definitions, and regulated activities of Texas LPCs 2. Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(25), 157.36(b)(29), 157.36(b)(31), and 157.36(b)(35) related to criminal conduct resulting in a conviction for Driving While Intoxicated 3rd or More and failing to notify department of change in criminal history. Investigations/Complaints 24-hour, toll-free system (800) 821-3205, Texas State Board of Examiners of Professional Counselors, Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Psychologists, Texas State Board of Social Worker Examiners, Apply or Renew Online (Online Licensing System). Violated EMS Rules 25 TAC 157.36(b)(11) and 157.36(b)(31) related to delegating EMS functions to a person who lacks the education, training, experience, or knowledge to provide appropriate level of care, and engaged in conduct that has the potential to jeopardize the health and safety of a patient. Public Health Information Violations/HIPAA:You can report these issues to US Department of Health and Human Services Office of Civil Rights (OCR). Mail Code 1470 Violated EMS Rules 25 TAC 157.36(b)(21), 157.36(b)(45), and 157.36(b)(47) related to engaging in acts of dishonesty which relate to the EMS profession by falsifying and/or forging paramedic clinical paperwork. staff or a Disciplinary Review Panel. The Texas Department of Transportation has tried numerous public education, Bicycle riding has become increasingly popular in recent years as a means of dealing with high traffic in urban areas and as an alternative to cars as gas prices have gone up and concerns about, The Consumer Product Safety Commission (CPSC) aims to inform consumers about the dangers of products that could cause injury. invited to participate in an informal conference. Office of Administrative Hearings (SOAH) and the complaint becomes a contested Simmons, Kyle Joseph, Bryan, TX. informal conference (i.e., informal settlement conference or ISC) by agency July 1, 2021, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). As the profession evolves, however, those pitfalls can change. Give an administrative penalty or fine (EMS provider only). Practicing with an expired certification/license, Documentation/Patient care report issues, and. Violated EMS Rules 25 TAC 157.11(n)(22) and 157.16(d)(19) related to failure to possess city permits. DBA . 39 681.162 Disciplinary Action; Notices 40 681.163 [does not exist] 40 681.164 Licensing of Persons with Criminal Convictions . This website contains information about Licensed Professional Counselors including licensing requirements and FAQS about the practice of counseling in the state of Texas. of a complaint to take longer than one year. the complaint. Pitcher, Darvin Dean, Spring, TX. HHSC, Professional Licensing Complaints November 5, 2020, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). Violated HSC 773.065(a) and EMS Rules 25 TAC 157.11 and 157.16 (rules in effect on the date of the occurrence) related to Quality Management Plan and oversight of EMS personnel. Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(16), 157.36(b)(17), 157.36(b)(31), 157.36(b)(35) and 157.36(b)(47) related to misappropriating medications belonging to the employer, failure to take precautions to prevent misappropriating medications, engaging in conduct that has the potential to jeopardize the health or safety of any person, engaging in activity that betrays the public trust and confidence in EMS, and engaging in acts of dishonesty which relate to the EMS profession. Council on Sex Offender Treatment View free videos & subscribe to our YouTube channel! You do not have to provide your name when filing a complaint. Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(14), 157.36(b)(22), 157.36(b)(23), 157.36(b)(26), and 157.36(b)(30) related to criminal conduct resulting in deferred adjudication community supervision for Stalking. Stephenson, Jeremy, Denison and/or Gainesville, TX. violation of the law, names a respondent who is not licensed by the Council, or The board establishes qualifications for licensure, as well as the ethical standards to practice as a professional counselor in the state of Texas. hbbd```b``kdnLi`R,"lA$K:df|0y,~D?O$D}l[H?y#w.H(Fe?wO d September 19, 2022, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(16), 157.36(b)(21), 157.36(b)(26), 157.36(b)(29), 157.36(b)(35), 157.36(b)(47) related to criminal conduct resulting in deferred adjudication community supervision for Theft of Property, Violated Texas Occupations Code 53.021(b) related to felony conviction and imprisonment for Sex Abuse of a Child Continuous: Victim Under 14. Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(24), 157.36(b)(31), 157.36(b)(32), 157.36(b)(35), and 157.36(b)(44) related to failure to provide requested information, failure to notify the Department of current mailing address, and operating an emergency response vehicle under the influence of alcohol. 7.300 | Austin, Texas 78701 Wolfenbarger, Michael, Richardson, TX. You can file a complaint against any of the following certificate holders or licensees: Give any relevant information. Copyright 2016-2023. False, misleading, or deceptive advertising of services. Holiness & Brothers INC DBA Holiness & Brothers EMS. Violated Texas Occupations Code 53.021(b) related to felony conviction and imprisonment for two counts of Possession of Child Pornography. received are forwarded to the Enforcement Division. Texas Health and Human Services Informal conferences involving complaints requiring the use of expert testimony describes activities or services that are exempt from the Councils Violated Tex. 6-days Suspensionfrom December 4, 2021, through December 11, 2021, 14-days Suspension from February 8, 2023, through February23, 2023. Mail Code 1982 As the profession evolves, however, those pitfalls can change. Once we finish the investigation, the Enforcement Review Committee (ERC) reviews the case. All postings will remain on the web page: 7-days Suspension From November 10, 2022, throughNovember 17, 2022, 14-daysSuspension From October 28, 2022, through November 11, 2022, 12-months Probated Suspension Violated EMS Rules 25 TAC 157.36(b)(4), 157.36(b)(8), 157.36(b)(11), 157.36(b)(31), 157.36(b)(37), 157.36(b)(41), and 157.36(b)(47) related to failure to follow Medical Director's Protocols, delegating EMS functions to a person who lacks the education, training, experience, or knowledge to provide appropriate level of care, failure to protect patients/clients and/or the public from unnecessary risk of harm, and engaged in conduct that has the potential to jeopardize the health and safety of a patient. 3-days Suspension from May 5, 2022, through May 7, 2022, followed by 87-days Probated Suspension. Violated Texas Occupations Code 53.021(b) related to felony conviction and imprisonment for Assault Family/House Member Impede Breathing/Circulation and Continuous Violence Against the Family. When the complaint indicates an alleged violation, HHSC may contact the complainant for additional information. PO BOX 149055 Our car accident attorneys in Austin know that one goal of the CPSC is to, In mid-July, the Governors' Highway Safety Association (GHSA) released a report entitled: 2013 Distracted Driving: Survey of the States. Authorize the boards to check for disciplinary actions in other states or from other licensing boards and to pursue any necessary enforcement actions based on the results. Rowe, Patrick, Grand Saline, TX. However, complaints alleging sexual misconduct may be filed within seven years after the date of termination of services or within five years of the patient/client turning 18, whichever is later. How long it takes depends on a lot of factors, including: We may also impose an emergency suspension of a certificate or license. Gutierrez, Edwin Balmore, Houston, TX. Once a complaint is filed against you with the Board, your career, reputation, and livelihood are at stake. that no probable cause exists for the alleged violation(s), the complaint is This November 10, 2022, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.16(a). Close:Dismissed due to insufficient evidence of a violation. Discipline and Complaints How to File a Complaint Complaints must be submitted to the Council on an approved complaint form, which may be downloaded from the Forms and Publications webpage or by clicking here . All complaints filed with the Board are reviewed to determine whether the statements made indicate a potential violation of law or rules. The New Jersey State Board of Marriage and Family Examiners stipulates that counselor applicants pass the National Counselor Examination for Licensure and Examination and complete 4,500 hours of supervised counseling, with at least 50 supervision hours per year (New Jersey Division of Consumer Affairs, 2016). the activities or services involved are exempt from the Councils jurisdiction. Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(14), 157.36(b)(18), 157.36(b)(22), 157.36(b)(23), 157.36(b)(26), and 157.36(b)(30) related to an arrest and conviction for theft involving Medicaid and Medicare billing and failure to notify the Department of an arrest and conviction. Council will have the option to accept the PFD, or in limited circumstances, to It is important that we gather as much information as possible, including: EMS personnel and providers involved, including: You can use our online verification system to view certification/license numbers and check on the status of: Yes. Notice: On September 1, 2020, the licensing and regulatory authority for Licensed Professional Counselors, Licensed Marriage and Family Therapists, and Social Workers moved to the Texas Behavioral Health Executive Council as directed by House Bill 1501, 86th Legislature, Regular Session (2019). Failure to resolve or follow-up complaints from customers. Simpkins, Brad Scott, Coppell, TX. Violated EMS Rules 25 TAC 157.4(e), 157.34(b)(2)(A), 157.36(b)(2), 157.36(b)(18), 157.36(b)(21), 157.38(c), and 157.38(k)(5), related to failure to provide appropriate documentation and/or proof to validate attestation and/or CE compliance. believes that expert testimony is required to prove a violation of a standard recommendation may be to remand the complaint for further investigation. Act--The Licensed Professional Counselor Act, Texas Occupations Code, Chapter 503. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. 7-days Suspension on July 2, 3, 4, 9, 10, 16 and 17. Address for all other non-payment submissions: Licensed Chemical Dependency Counselors There must be a reasonable cause to believe that a certificate or license holder's conduct is a danger to the public's health and safety. violated, the Council may sanction the licensee. Evidence at the hearing may include a Violated EMS Rules 25 TAC 157.36(b)(2), 157.36(b)(21), 157.36(b)(25), 157.36(b)(26), 157.36(b)(29), 157.36(b)(31), and 157.36(b)(35) related to criminal conduct resulting in deferred adjudication community supervision for third-degree felony offense of Medicaid Fraud Equal to or Over $20K Under $100K, failing to report arrest and failing to notify department of change in criminal history. Violated EMS Rules 25 TAC 157.4(e), 157.34(b)(2)(A), 157.36(b)(2), 157.36(b)(18), 157.36(b)(21), 157.36(b)(24), 157.38(c), and 157.38(k)(5) related to failure to provide requested information and failure to provide appropriate documentation and/or proof to validate attestation and/or CE compliance. The most common complaints within DSHSs jurisdiction are: Examples of complaints that DO NOT fall under its jurisdiction are: Billing issues (rates/collection procedures):You should send these complaints to the Texas Attorney Generals Office Consumer Complaints Division. Violated Texas Occupations Code 53.021(b) related to felony conviction and imprisonment on four (4) counts of Possession of Child Pornography. Potential applicants who think they may be ineligible for licensure are advised to request a criminal history evaluation before they enter or complete a preparatory educational program or plan to take an exam for an initial license to avoid unnecessary hardship or costs if their criminal history is a ground for license ineligibility. Complainants one who may practice independently as specified in R.S. 157.43(m)(3)(G), 157.43(m)(3)(S), and 157.43(m)(3)(T) related to failure to failure to comply with the responsibilities of a course coordinator. Austin, Texas 78714-9347 informed of the dismissal. Gill, James Patrick, Humble, TX. 14-days Suspension followed by Probated Suspension until July 26, 2024. 03/31/2024 . Complaints subject to 22 TAC 884.3 must include the following information or an explanation as to why the information is not available: A copy of the court order appointing the licensee to conduct the evaluation, or alternatively, a transcript or excerpt therefrom or written statement from an attorney-of-record in the case reflecting the licensees appointment; A copy of the licensees expert report, or a statement that no such report was produced or provided; A copy of any judgment, final order, or dismissal entered by the trial court; and. Hill, Ted Pete, Cypress and/or Spring, TX. It is imperative that you seek representation from an experienced professional license defense attorney. forwarded to the respondent in the form of an agreed order which operates as a During the 81st Legislature, Regular Session (2009), the Legislature passed House Bill 963, which amendedOccupations Code, Chapter 53 and authorized HHSC to collect a fee for providing potential applicants a criminal history evaluation letter. internal processes are routinely reviewed and often improved to ensure then referred to the Executive Director for dismissal. recommendation may include dismissal or disciplinary action, or the How Long Does It Take to Investigate a Complaint? Violated EMS Rules 25 TAC 157.33(m)(3), 157.36(b)(8), 157.36(b)(31), 157.36(b)(35), 157.36(b)(38), and 157.36(b)(40) related to failure to follow Medical Directors Protocols/Policies, failure to contact Medical Control as required, engaging in conduct that jeopardizes or has potential to jeopardize a patient. Common Complaints Filed Against Professional Counselors For general enforcement/compliance inquires, please call 512-834-6665 or contact our EMS Compliance staff. SeeAttachment 2, Health Professions Council's Annual Report for fiscal years 2012, 2013, and 2014for details on the abovelisted totals. Mail Code-1876, waiving confidentiality as it is necessary for the Enforcement Division to July 22, 2022, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). Violated EMS Rules 25 TAC 157.4(e), 157.34(b)(2)(A), 157.36(b)(2), 157.36(b)(18), 157.36(b)(21), 157.38(c), and 157.38(k)(5) related to failure to provide appropriate documentation and/or proof to validate attestation and/or CE Compliance. Will I Be Told the Status of my Complaint? Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. Disciplinary Actions Board News Meet the Board Meeting Dates, Agendas, and Minutes Apply or Renew Online (Online Licensing System) Applying for a License Statutes and Rules Forms and Publications Jurisprudence Examination Newsletters PSYPACT FAQs Human Trafficking Awareness FAQ Contact Us Thanks for contacting the Membership Engagement Team at ACA. You should consult an attorney for advice regarding your individual situation. NOTE: 3038 0 obj <> endobj Both the complainant and the respondent are It is important to realize that by signing the complaint form, you are Violated EMS Rules 25 TAC 157.4(e), 157.34(b)(2)(A), 157.36(b)(2), 157.36(b)(18), 157.36(b)(21), 157.38(c), and 157.38(k)(5), related to proof to validate attestation and/or CE Compliance. Email:csot@hhs.texas.gov. Our results speak for themselves! If not, the complaint will be And of those nine attorneysdisciplined between March 30 and April 28four reside in South Florida, according to information released by the Florida Bar, which administers the statewide . When the respondent may speak with and present evidence to agency staff or the Disciplinary 3-month Suspension from April 24, 2023, until July 24, 2023, followed by a Probated Suspension until April 24, 2024. Keywords: ethics, disciplinary action, counselor education, law, Hello! Licensure portability allows already licensed counselors within Texas who move out of state to practice without having to endure another tedious and lengthy licensure process. PO Box 149347, Austin, Texas 78714-9347. Bertolino LLP represents clients throughout the state of Texas including the cities of Austin, Houston, San Antonio and surrounding communities including Cedar Park, Round Rock, San Marcos, Sugar Land, The Woodlands, Katy, Georgetown, Pearland, Missouri City, Conroe and throughout Travis, Williamson, Harris, Hays, Fort Bend, Galveston, Bell, Bexar, Bastrop, and Montgomery. The HHSC Health Care Regulation Department licenses and regulates two professional licensure types, Licensed Chemical Dependency Counselors (LCDCs) and Licensed Sex Offender Treatment Providers (LSOTPs). licensee being investigated are notified periodically of the status of the Follow BERTOLINO LLP on Facebook! June 16, 2022, emergency suspension, pursuant to the EMS Rules at 25 TAC 157.36(a). Violated EMS Rules 25 TAC 157.33(m)(3), 157.36(b)(8), 157.36(b)(31), 157.36(b)(35), 157.36(b)(38), and 157.36(b)(40) related to failure to follow Medical Directors Protocols/Policies, failure to contact Medical Control as required and engaging in conduct that jeopardizes or has potential to jeopardize a patient. What Types of Disciplinary Actions Could Be Imposed? We are prepared to represent you at any legal hearing or proceeding regarding your license. Follow BERTOLINO LLP on Facebook! Violated Texas Occupations Code 53.021(b) related to felony conviction and imprisonment for Intoxicated Manslaughter w/ vehicle and Aggravated Assault. Until the suspension or probation expires, whichever is longer. hb```=r eaXS!9MI>/+azhhh)6@4h.f;$ R 3,v``h``h`@&:L6S(bb14z4d$YpX Pvg9'+_$=wJe%fx 20 r@ pQWL XY& Violated EMS Rules 25 TAC 157.36(b)(24), 157.36(b)(26), and 157.36(b)(30) related to failure to provide requested information and failure to report arrests. Professional Licensing Compliance is responsible for evaluating and investigating complaints against individuals licensed by HHSC. Texas Occupations Code Section 53.026(a), requires the State Auditors Office, in collaboration with licensing authorities, to develop a best practices guide for applicants with a prior criminal conviction to use when applying for an occupational license.

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