Licensed Professional Counselors
Licensed professional counselors dedicate their careers to helping others, and serve as a critical resource in promoting mental and emotional well-being, preventing crises, and fostering healthier, more resilient individuals and communities. It can be especially distressing for them when they face accusations or legal challenges that might impede their capacity to fulfill their professional responsibilities.
Understanding the Board Complaint Process
The Board Complaint and Investigatory Process
Once a Board complaint is received from the originating source and the Board, depending on the type of violation(s) involved, opens up an investigation against the licensed professional counselor, a complaint letter is prepared and sent to the licensed professional counselor’s last known address on file at the Board. The Board complaint letter outlines the allegations and provides cursory information and notice to the licensed professional counselor. The Board will then inform the licensed professional counselor in this communication that he or she must respond to the Board and respond specifically with an explanation to every allegation contained in the letter. The Board will also advise, in the letter, that the licensed professional counselor must respond with an explanation by an internally determined date (i.e., not statutory or rule), usually thirty days from the date of the letter and not the date the letter was received. Read more>>
Written Notification from TSBEPC
Licensed Professional Counsels are regulated by the Texas State Board of Examiners of Professional Counselors. This group of licensees falls under a general umbrella agency, the Texas Behavioral Health Executive Board, which also oversees separate licensees such as social workers (Texas State Board of Social Workers), marriage and family therapists (Texas State Board of Examiners of Marriage and Family Therapists), psychologists (Texas State Board of Psychologists). Read more>>
Do I Need to Hire an Attorney? What Type of Attorney Should I Hire?
At the Phan Law Firm, P.C., our attorney, Phong Phan, was the former in-house attorney at two different state licensing agencies that regulated health professionals, the Texas Board of Nursing (nurses) and the Texas State Board of Dental Examiners (dentists, dental hygienists). Mr. Phan, during his time as an in-house attorney at these different licensing agencies, worked closely with the Board’s Directors of Enforcement, Executive Directors, Board members, and on a daily basis with the investigatory staff and advised the staff regarding all types of disciplinary cases and practice violations in all kinds of settings. Read more>>
With over 15 years of professional license defense experience, Phong Phan, Esq. has an intimate understanding of the board complaint process, disciplinary proceedings, licensure issues, and SOAH contested case hearings.
In private practice for the last few decades, Mr. Phan has focused his practice exclusively on defending licensed professional counselors and similar other health-related professionals against Board complaints and disciplinary proceedings and has assisted applicants seeking licensure in the State of Texas to achieve their lifelong goal of being a licensed professional counselor.
The process is daunting, and each step requires an attorney who can shepherd a licensed professional counselor through that process and provide sound, reflective legal advice at each step of the way so that the licensed professional counselor is in the best position to understand the consequences of each action and make the best-informed decision for him or her depending on his or her unique facts.
The LPC must be advised and understand whether the Board, considering these same unique facts, can bear its burden and establish discipline against the licensed professional counselor under the statute and its rules. Licensed professional counselors often feel a great burden when faced with a board complaint, unsure as to how to carry themselves for their other clients and facing the possibility of discipline impacting their practice. The Phan Law Firm, P.C., fully understands this.
Candidly, the decision to hire an attorney is a critical and important one that is not to be taken lightly. Given the years of education and training of a licensed professional counselor, the firm expects that each potential licensed professional counselor-client will continue to do his or her due diligence in researching an attorney and finding an attorney and firm that can best obtain the right result for him or her. Thus, one of the key considerations, the firm believes, is whether that attorney has experience with the Texas State Board of Examiners of Professional Counselors and has defended licensed professional counselors before the Board. The Phan Law Firm, P.C., is this firm.
Patient, Kind and Knowledgeable
Phong and his team were fantastic. He was kind, patient, and very knowledgeable. He guided me through the process with compassion and expertise. My issue was resolved favorably, and I remain forever grateful for his professional support and guidance.
Attentive and Patient
Mr. Phong is very attentive and patient. He took his time to understand the situation, and he guided me at every step. His knowledge, expertise, and professionalism are a testament to write about. Thank you, Mr. Phong.
Best Possible Outcome
This attorney knows what he is doing and is the best! From his communication and how hard he works for you to get the best possible outcome, you’re in great hands. Thank you and your team so much!
The Right People to Handle my Case
When your career and license are on the line, hire the right Attorney. Mr. Phan and his team are well-versed in Professional License Defense and will guide you judiciously (and keep you informed) through your legal issues every step of the way. I hired him to handle a legal issue with the Texas State Board of Nursing; I am glad I came to the right people to handle my case. I am extremely grateful and appreciate all the hard work; it’s been quite a journey, and I am grateful for the final outcome. Thanks to you and your team, a big weight has been lifted off my shoulders.
Very Attentive to Details
Mr. Phan is a very professional Lawyer and very attentive to details. He will explain to you what he can do and not do from the beginning. Very detailed itemized bills and very helpful assistance from Ms. Sarah. I would recommend Mr. Phan and his law firm to anyone seeking help with the Texas State Board of Nursing. He has very good connections there and knows his way around and who to speak to. With his previous experience working there, it helps him guide you i the right direction needed for your case.
The Best Attorney
Phan Law Firm is the best attorney you can have. My issue was solved by this lawyer in half time, for half the money. I advise everyone to call this firm about your problem.
Very Compassionate and Professional
I am a registered nurse, and I had a unique situation with BON. I was seeking legal counseling. At that point in time, I was very stressed out and vulnerable, in addition to feeling I may lose my nursing license and my life would be over. After speaking with Phan, Phan gave me the reassurance I needed to make it through the next 2-3 years and that I would not lose my nursing license. Phan is very compassionate and professional.
I felt Phan was on my side and understood how much a nurse’s license means to a nurse, and he would fight for my license as if it were his. Phan’s knowledge and experience just in the area of nursing and BON is extraordinary and over the top. I was able to tell Phan knew what was needed in regard to dealing with BON and what was expected of me.
The letters sent to the BON were laid out very professional, detailed, and hit the points needed. I would not have been able to communicate with the BON like Phan did. Phan’s communication with me was excellent; he was always straightforward with me on everything that was happening, for example, any communication with BON and anything that was needed from me. Phan kept me updated on everything and continuously communicated with me throughout his service with me. Phan always followed up, and his response times for anything were very quick. Phan was always available for me. Phan always iterated he was there for me, on my side, and would fight for me, and I felt he did.
I was kept informed and updated on anything and everything. I never doubted anything Phan did for me. I am very appreciative of what Phan did for me. I was lucky to have Phan represent me. I wish no other nurses would have to go through a situation like mine or have to deal with BON, but if any nurse did, I would highly recommend Phan/The Phan Law Firm. Phan deserves more the five stars and did more than 110% for me. The hard/excellent work Phan did for me has put me in a better place, I have a low level of stress, and my name is just another name to BON.
Mr. Phan did a wonderful job as an attorney. I was very pleased with all services provided and would give anyone requesting his services a 10 star review and to please use him.
The Do It All Twins
Phong is a great and fantastic attorney. He is a good listener, very detailed, keeps to appointments, and a fighter with a compassionate heart. His wealth of knowledge and experience helped me navigate through this nerve-wracking period. Every step of the way, Phong explained to me the details of the case, what questions to expect, and what the board inferred from my case, made me aware of the facts in my case and how to answer questions, and he prepared me well for court. He was able to settle my case through mediation and achieved a dismissal.
His thorough, aggressive wealth of knowledge and education cannot be underestimated. Words cannot express the heartfelt gratitude I owe him for successfully bringing my case to a dismissal. I highly recommend him.
Careful Listener that Successfully Defended My Case
When a complaint was filed with Texas BON, I thought I would explain my situation to Texas BON nurses, and they would understand. I did not know that the Texas Board of Nurses uses criminal justice professionals using criminal justice procedures to investigate all complaints. I did not know that the Texas BON would be so sternly opposed to any explanation. I did not know that the Texas BON would be so unwavering and relentless in their prosecution. The complaint lodged against me was complicated, and the stress of defending myself alone was debilitating. That is until I met Mr. Phan at the Phan Law Firm. Mr. Phan understands the Texas BON. He listened carefully and successfully defended my case. I owe him and his expertise a debt of gratitude and I am more than happy to share my story with anyone who asks.