The following severity levels and sanction guides are based
on the relevant factors in §801.301 of this title (relating to
Relevant Factors).
(1)Level One--Revocation of license with a possible
administrative penalty from $500 to $5,000. These violations
evidence intentional or gross misconduct on the part of the licensee
or [and/or] cause or pose a high degree of harm to
the public or [and/or] may require severe punishment
as a deterrent to the licensee, or other licensees. [The fact
that a license is revoked does not necessarily mean the licensee can
never regain licensure.]
(2)Level Two--Extended suspension of license with
a possible administrative penalty from $250 to $2,500. These
violations involve less misconduct, harm, or need for deterrence than
Level One violations, but may require termination of licensure for
a period of not less than one year.
(3)Level Three--Moderate suspension of license with
a possible administrative penalty of no more than $250. These
violations are less serious than Level Two violations, but may require
termination of licensure for a period of time that is less
than a year.
(4)Level Four--Probated suspension of licensure. These
violations do not involve enough harm, misconduct, or need for deterrence
to warrant termination of licensure, yet are severe enough to warrant
monitoring of the licensee to ensure future compliance. Probationary
terms may be ordered as appropriate.
(5)Level Five--Reprimand. These violations involve
inadvertent or relatively minor misconduct or [and/or]
rule violations not directly involving the health, safety and welfare
of the public.
(6)An administrative penalty may be assessed for any
violation, as determined by the Ethics Committee [ethics
committee]. An administrative penalty may be assessed in lieu
of, or in addition to, other disciplinary actions.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on December 3, 2018
TRD-201805173 Jennifer Smothermon, MA, LPC, LMFT
Chair
Texas State Board of Examiners of Marriage and Family Therapists
Earliest possible date of adoption: January 13, 2019
For further information, please call: (512) 776-6972
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