June 2025 BHEC Meeting Recap: Key Updates for LPCs, LMFTs, LCSWs, & Psychologists
June 24, 2025 BHEC Board Meeting Recap
By DeLinda Spain, LCSW-S, CGP & Chelsea Fielder-Jenks, LPC-S, CEDS-C, PMH-C
The Texas Behavioral Health Executive Council (BHEC) met on June 24, 2025, bringing together representatives from the LPC, LMFT, Social Work, and Psychology Boards. The meeting covered rule adoptions, legislative updates, funding allocations, and long-term strategic planning efforts affecting licensed mental health professionals in Texas.
While not all details of the meeting are included here (so much was touched on!) here is a recap with a focus on rule changes that impact LPCs, LMFTs, LCSWs, and Psychologists as well as larger systemic shifts worth watching.
Legislative and Policy Highlights
Interstate Compacts & Licensure Portability – Did NOT Pass
Both the Counseling and Social Work Compacts failed to pass this legislative session and did not receive hearings. While disappointing, BHEC leadership encouraged continued stakeholder education and advocacy efforts ahead of the next session.
Medicaid Reimbursement Bill Dies in Senate
A bill that would have allowed Medicaid reimbursement for LPC-, LMFT-, and LMSW-Associates passed in the House but failed in Senate Health & Human Services. Advocates remain hopeful this will be reintroduced in a future session.
SB1 (State Budget Bill): Funding was secured for the following:
Funding for BHEC Legal Staff. The addition of two BHEC attorneys will increase complaint response efficiency, as well as a 6% across-the-board salary increase to all staff attorneys in the state in an effort to retain these positions.
Development of a new psychology licensing exam. The state legislature funded the development of a Texas-based psychology licensing exam as an alternative to the ASPPB’s EPPP2. Concerns over accessibility, high costs, and equity prompted this move. Expect stakeholder engagement in exam design – your voice may be needed.
NPDB (National Practitioner Data Bank) subscription costs to streamline licensure audits. Once implemented, licensees will no longer have to submit a self-inquiry, rather it will be streamlined and performed “in-house” by BHEC staff during the application process.
Spanish-Language LMSW Exam Funded. Texas will be the first state to fund development of a Spanish-language licensing exam for LMSWs. This is a major win for access, equity, and bilingual workforce development.
New AI "Sandbox" for Healthcare Tech Pilots
Texas passed legislation allowing development of AI-based mental health tools under state-supervised "sandbox" regulations. BHEC and the Department of Information Resources (DIR) will oversee implementation, with a focus on public safety.
Senate Bill 646 – Student Loan Repayment Expansion
BHEC highlighted the passage of SB 646, which expands the Texas Mental Health Professional Loan Repayment Program. It adds eligibility for LPC-Associates, LMFT-Associates, LMSWs, and master’s-level school counselors, increases available funding (up to $100,000 for doctoral-level clinicians; $60,000 for master’s-level), introduces bonus incentives for bilingual clinicians and those practicing in rural/underserved areas, and takes effect September 1, 2025.
Research Spotlight: Supervision & Disciplinary Trends
BHEC announced a partnership with the University of Texas Rio Grande Valley to conduct first-of-its-kind research analyzing disciplinary trends across all four behavioral health boards. This research aims to identify blind spots and strengthen accountability in licensure and supervision standards across professions.
Researchers will have view-only access to agency data, allowing them to examine:
Potential bias in enforcement
Patterns of disciplinary action across degree types and license levels
Training backgrounds linked to better outcomes
Gaps in supervision quality
Supreme Court Case to Watch – Chiles v. Salazar
BHEC leadership highlighted the national significance of the pending U.S. Supreme Court case Chiles v. Salazar, a First Amendment challenge to Colorado’s ban on certain counseling speech with minors (essentially, a ban on conversion therapy). The case questions whether state regulatory boards can limit what licensed professionals say in therapy under the guise of regulating conduct. Described as potentially a “watershed moment” for behavioral health, the outcome may redefine the balance between ethics enforcement and free speech protections. With over 70 amicus briefs filed, BHEC emphasized its importance and urged stakeholders to monitor the case closely, with a ruling expected to take place in 2026.
Public Comments Underscore Divided Opinions
WisePractice Insight: Public commenters addressed concerns about recent rule changes — particularly the removal of the term “cultural diversity” — and shared both support and criticism of BHEC’s direction. Stakeholders called for clarity, consistency, and protection of DEI-informed practice.
The meeting featured passionate public comments both in support of and in opposition to the rule changes. Some speakers emphasized concerns about political influence and the removal of DEI-related language, while others supported more flexible continuing education categories and reduced regulatory burden.
Newly Adopted & Proposed Rules – Organized by Board
BHEC - Rules impacting the Behavioral Health Executive Council
Proposed
Board members noted the following proposed changes aim to streamline the application process and align standards across all boards. No final action was taken – these rules remain under review and will return for possible adoption at a future meeting. The proposed language will continue through the rule making process. Stakeholders are encouraged to submit written feedback:
§882.1 Application Process – Streamlining across all boards that incomplete applications will be held for 180 days, after which, if still incomplete, will expire.
§882.2 General Application File Requirements – Adding language to provide guidance to staff on how to calculate supervised experience.
§882.21 License Statuses – Updates language to reflect individuals who are on delinquent license status can move their license to an active status.
Adopted
All adopted rules will be filed with the Texas Register and will become effective 20 days after publication, unless otherwise noted.
§882.50 Continuing Education and Audits – Aligns audit procedures across licensing boards. Adopted with clarification that each board retains flexibility in how audits are carried out.
§884.10 Investigation of Complaints – Adds language to clarify regulated practices and prevent formerly licensed clinicians whose licenses have been suspended or revoked from practicing under the guise of “coaching” and utilizing that as a defense when facing further complaints or disciplinary action.
§885.1 Executive Council Fees – Updated to reflect current administrative and technology infrastructure costs.
Texas State Board of Examiners of Marriage and Family Therapists:
Proposed
The proposed language will continue through the rulemaking process. Stakeholders are encouraged to submit written feedback:
§801.44 Relationships with Clients – a harmonization rule to standardize expectations when a client is receiving services across multiple disciplines (e.g., from a social worker and a counselor). Previously, each profession had slightly different language about whether coordination was required. The newly proposed language ensures that:
If a client is also working with another licensed mental health professional, you must obtain consent and attempt to coordinate care.
This rule reinforces the shared ethical responsibility of collaborative treatment, reducing confusion and increasing client safety across professions.
§801.142 Supervised Experience Requirements and Conditions – Updates to increase supervisee accountability in supervision. If a supervisee has a complaint filed against them, they are now required to disclose this to their supervisor.
§801.143 Supervisor Requirements – Remediation Plans Must Travel – If a supervisor identifies deficits and creates a remediation plan, and the supervisee later changes supervisors, that plan must be shared with the new supervisor. The new supervisor is not required to adopt it but must be aware of it.
Adopted
All adopted rules will be filed with the Texas Register and will become effective 20 days after publication, unless otherwise noted.
§801.261 Requirements for Continuing Education – BHEC officially adopted language updates across the licensing boards that revise continuing education requirements. Most notably, the term "cultural diversity" has been replaced with "distinct populations competency." Despite significant public opposition and petitions from licensees, the Council proceeded with these updates.
Texas State Board of Examiners of Psychologists:
Proposed
The Council reviewed and considered proposed rule changes to the following administrative rules. Stakeholders are encouraged to submit written feedback:
§465.2 Supervision – Aims to enhance clarity for delegated supervision structures, especially for postdoctoral fellows.
§465.34 Providing Mental Health Services to Those Served by Others – Clarifies collaborative care boundaries in alignment with the other boards under BHEC. The newly proposed language ensures that:
If a client is also working with another licensed mental health professional, you must obtain consent and attempt to coordinate care.
This rule reinforces the shared ethical responsibility of collaborative treatment, reducing confusion and increasing client safety across professions.
Adopted
All adopted rules will be filed with the Texas Register and will become effective 20 days after publication, unless otherwise noted.
§463.35 Professional Development – Adopted with no major changes.
§465.38 Psychological Services for Schools – Adopted to update and align with national school psychology standards.
Texas State Board of Examiners of Professional Counselors:
Proposed
The Council reviewed and considered proposed rule changes to administrative rules. These rules were approved for proposal and will now go through the public comment process. Stakeholders are encouraged to submit written feedback:
§681.91 LPC Associate License – The newly proposed language:
Clarifies that Associates may own a private practice but must remain under active supervision.
Requires Associates to submit appropriate forms when changing or adding a supervisor and notify current supervisors of the change.
Requires Associates to inform supervisors of pending complaints.
§681.93 Supervisor Requirements – Requires Supervisors to maintain documentation of session duration and practice locations where associates provide services.
Adopted
All adopted rules will be filed with the Texas Register and will become effective 20 days after publication, unless otherwise noted.
§681.72 Required Application Materials - Supervision Course Expiration Removed: The board unanimously adopted a change removing the 2-year (for supervisor training courses) and 5-year (for doctoral equivalents) expiration windows for LPC Supervisor training completion. Clinicians who completed a qualifying 40-hour course or a doctoral-level supervision course no longer need to retake it if applying after those previous time limits. This removes a common barrier for returning or delayed supervisors.
§681.140 Requirements for Continuing Education – BHEC officially adopted language updates across the licensing boards that revise continuing education requirements. Most notably, the term "cultural diversity" has been replaced with "distinct populations competency." Despite significant public opposition and petitions from licensees, the Council proceeded with these updates.
Texas State Board of Social Worker Examiners:
Proposed
The following rules were discussed with a focus on clarifying supervisory boundaries and ethical implications. The proposed language will continue through the rulemaking process. Stakeholders are encouraged to submit written feedback:
§781.303 Rule of Practice - a harmonization rule to standardize expectations when a client is receiving services across multiple disciplines (e.g., from a social worker and a counselor). Previously, each profession had slightly different language about whether coordination was required. The newly proposed language ensures that:
If a client is also working with another licensed mental health professional, you must obtain consent and attempt to coordinate care.
This rule reinforces the shared ethical responsibility of collaborative treatment, reducing confusion and increasing client safety across professions.
§781.401 – 407 – A comprehensive reorganization and clarification of the rules relating to supervision and licensure documentation requirements so that they are more clear and easy-to-understand. The new structure of §§401 - 407 breaks down supervision-related standards into clearly defined categories:
§401 – Licensure Requirements: What’s needed for licensure
§402 – Supervisor Recognition: What do you need to be recognized as a supervisor?
§403 – Types of Supervision: Distinguishes clinical supervision, LCSW supervision, and supervision for independent practice recognition (IPR).
§404 – Supervision Process: Sets expectations for conduct, documentation, and oversight. Supervision documentation - Supervisors will need to keep the following on file:
Log of Supervision kept by the supervisor.
Date and Duration of each supervision session.
Documentation of non clinical and clinical hours reported by the supervisee, Supervisors do not need to “verify.”
Documentation of agency approval: If a LMSW is working at an agency and receiving supervision from an external Supervisor, that Supervisor needs to keep a copy of the agency’s approval on file. This is to help clarify that the Supervisor doesn’t take on liability for the agency’s clients and to demonstrate that the agency employing the LMSW is aware of the supervisory relationship.
§405 – Clinical Supervision for LCSW Licensure: Standards specifically for guiding LCSW candidates.
§406 – Supervision for Independent Practice Recognition (IPR): What’s required for supervisees pursuing IPR status.
§407 – Independent Practice Definition: Clarifies what qualifies as independent practice in Texas and would define independent practice and simplify the language to “Independent Contractor,” in alignment with the IRS and Texas Workforce Commission.
§781.805 Schedule of Sanctions: A general update.
Adopted
All adopted rules will be filed with the Texas Register and will become effective 20 days after publication, unless otherwise noted.
§781.501 Requirements for Continuing Education – BHEC officially adopted language updates across the licensing boards that revise continuing education requirements. Most notably, the term "cultural diversity" has been replaced with "distinct populations competency." Despite significant public opposition and petitions from licensees, the Council proceeded with these updates.
Additional Important Notes
Enforcement continues to be the most resource-heavy function of the agency.
With the highest volume of complaints related to supervision, documentation, and non-clinical professional conduct.
What’s Next for BHEC Rulemaking and Stakeholder Engagement
Several proposed rules (including updates to licensure, supervision, and application standards) are now entering the public comment phase. Stakeholders — including licensees and educators — are encouraged to review and submit feedback.
BHEC staff will continue reviewing comments and may revise language before bringing rules back for formal adoption votes in upcoming meetings (likely Fall 2025).
Stay Informed with WisePractice
We attend board meetings so you don’t have to. Subscribe to our newsletter for professional insights and timely updates that matter to you — Subscribe to our newsletter for expert insights, ethical guidance, and real-time updates on policies that shape our profession.
For our detailed LPC and SW Board Meeting Recaps from earlier this month, visit:
How You Can Engage — Stay Informed. Stay Empowered.
Submit written public comment for proposed rule changes (usually due by 5 pm CST the day prior to the meeting) to the board for any issue affecting your professional practice.
Wanting more support as a Supervisor? Join our Supervision Consultation Group!
Stay tuned to WisePractice’s Blog, Collective Wisdom — Subscribe to our newsletter for expert insights, ethical guidance, and real-time updates on policies that shape our profession.
