BHEC Approved a Bad LPC Board Rule Change
This Week's Poll
This week's poll question is for everyone, not just supervisors!
And the answer to last week's survey query is "True". You can indeed lose your license if you fall behind on child support or school debt payments. (I told ya to go look it up! Kudo's to those of you who didn't guess and hung it all out there for everyone to see by picking, "I have no idea".)
Last week BHEC approved the rules change request whereby associates under supervision are allowed to "own their own business" which is technically not the same thing as "owning your own practice". That's splitting hairs but I guess it keeps the lawyers happy.
Yep, BHEC Approved the Associates Rules Change Request
An attorney on the Board praised the year-long effort as one of superior cooperation between parties, as if the dissenting opinions of the supervisor majority had been listened to and seriously considered. They weren't and you won't ever convince me that they were.
The LPC Board member assigned to the council praised the passing as the key to unlocking a mass migration of associates to the under-served populations of Texas. Uh-huh. I contend that associates won't be moving to those under-served areas for the same reasons currently licensed counselors haven't done so.
I dare anyone to send me the name of an associate who's in the process of packing up right now to move to NoWhere, TX to earn less money than can be had in the more populated areas (remember, one of the associate movement's big gripes is not making the big bucks straight out of school to pay off the big debt they've incurred). Saving the world one rural unicorn at a time is a wonderful idea, but none of this makes any sense.
So, What's Next My Fellow Supervisors?
Fortunately for the board they set this up so nothing is being forced upon me. I'm not required to take an associate if they'll be running their own practice whilst under my supervision. That would be an entirely separate set of fireworks. So, I'll not be taking on any associates that plan to run their own business while working with me as their supervisor. In no particular order, here are a few things I'll be putting into place.
First, I'll add a notice to my Supervisory Services page stating very clearly that if you're looking for a supervisor to work with that's willing to take on the additional liability of working with associates that want to own their own business and operate a practice through it, then I'm not your girl. I've already posted that and you can read it here (5th paragraph down).
Then, I'll be adding this specific discussion point to my associate candidate interviews to make it very clear that should we end up working together, if at any time during our time together you decide to open up your own shop, I will terminate our contractual relationship immediately. I don't need the risk exposure.
Next, I'll be adding the appropriate legal text to my Supervisor-Associate Agreement to cover my position. If you also feel the need to amend yours to cover this particular scenario you'll want to involve an attorney and make sure you get it right.
Finally, I'll be requiring all of my associates to sign a BAA Agreement. Can't wrap this up too tight!
Summary
The LPC Board was unanimous on this rules change except for one, lone dissenting voice. Surveyed Supervisors, the people actually working in the field who actually know where the pitfalls are, are opposed to this change by an overwhelming 85/15 ratio. But they passed it anyway? That should tell you something.
Have you noticed that "the best interests of Joe Citizen" doesn't come up much if it inhibits the passage of an initiative that certain special interest groups want passed? That should always be the very first pass/fail filter in the rules change process.
Plan Smart. Be Safe. Serve Others.
Kathleen Mills, LPC-S, CEAP
Got An Opinion?
These posts are my beliefs based on my a) 32 years of practice as a mental health provider and b) my own research. Whether you agree or disagree, please feel free to leave your civil, constructive comments below. I try very hard to back up my liberty-based statements with my own experience and/or verifiable facts and I would ask you to do the same. You do not need to be logged in to leave a comment.
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There’s no direct contact. I asked the board who to report board violations to. Re TASP convention nov 4 2021 Rule 1. Clearly stipulated language.
Feb 22 LPC-As 681.91 D- not engage in individual practice… J. Client records managed by self-employed LPC-As. According to I%S self-employed is one who does business as an independent contractor or sole proprietor.
RULE 4. Rule not passed if “directly or indirectly increases cost of MH service…if increase is harmful to public” LPS-As, according to Psychology Today , most in Austin, Tx. Charge $125 per session. 681.91 LPC-As M. “Disclosure followed by…supervised by.. on all available paperwork & advertising.” Nope, many websites must be searched to find this info. Austin MH referrals on FB, this info is not included which is sent to clients. While LPC-As are eligible for trainings they claim to be certified in EMDR, IFS, etc. Currently claiming insurance such as Cigna allows LPC-As to contract INN. I’ve done this 16 years & I’m still INN w superior Medicaid. Work w foster kids for extended periods. I’m one person I make complaints nobody listens. You have a platform. There’s zero oversight. Darrell Spinks, ED of TBHEC made 120k in April 22, in July was given a raise to 174k. I report Tx Medicaid payors ev 3 months to Tx State Board for non payment & receive it 6 months later. I am disgusted. Ppl are suffering. Are u helping or advertising
Stacy, I’m gonna shoot straight with you here, I can’t follow most of what you’ve written but here’s a couple of points I think are relevant from what I can discern:
1. Beginning on pages 78-80, there are numerous definitions to know first and foremost prior to reading the rule book for LPC’s.
2. #13 and #19 clearly spell out the definitions of what constitutes Independent Practice and the new and improved definition of LPC Associate, #19. Also, see rule 681.91(d) and (j)(l)(m).
3. Once you understand the meaning of words (via definition) 681.91 becomes fairly clear and as concise as it possibly can.
4. Once LPC Board approves a rule it goes to the Council to be either blessed and passed or struck down. Usually it is passed. The Board and Council are accountable for rules, no one else is.
5. The only thing Mr. Spinks (Executive Director of BHEC) is responsible for, is the entire operations portion of BHEC. He does not participate in rule making itself. His pay raise is not contingent on what our board does and in fact, it is the Council (made up of Board members) that determines his salary. So any complaints about that need to be directed at your Council/Board members.
6. There are some insurance companies that are allowing LPC Associates to see their subscribers but under strict guidelines. They MUST be Supervised by an in-network provider.
Hope that helps.
Hi! Thank you for all of the awesome content in your blogs! I was wondering if you could share what a BAA is? I am not familiar with that acronym. Thanks in advance!
Hi, Robin!
A proper Business Associate Agreement is an agreement all health care entities must have signed by those individuals or entities that is designed to help protect and maintain total confidentiality with any/all clients that the business owner has coming into their office or outside the office for various duties that are assigned to them. In this case, Supervisors will want their Associates to sign a BAA to help protect and maintain strict confidentiality as it pertains to any/all information of any kind should the supervision occur in the Sup’s office, outside the office, etc. If the Associate WORKS in your office in any capacity at all (this also includes Practicum students) you will need to do this agreement that is required by HIPAA standards.
The passage of this rule is causing a ripple of change in the mental health world. Where once it was a competitive process to have the opportunity to get real life experience, now I see lots of places advertising open positions. Personally, I am taking a break from supervising. I’m going to watch and wait. I plan to be very particular about who I take on, should I decide to resume.
Thank you Kathleen for your vigilance and protection of our field. During this period of massive transformation in our society, it is not surprising to me that this was passed. My instinctual response is similar to yours, and I am also curious. I’d like to learn more from social workers about how they empower their associates and simultaneously protect themselves in their supervisory roles. The good news is that our profession is becoming essential and there is an emphasis on raising our standards of living. I know I would not have been able to survive the internship phase without financial support from my family. There is certainly more risk involved for us as supervisors, but there is a great benefit for making our profession more attractive and accessible to a more diverse socioeconomic background. The low income of counselors turns a lot of folks away from the profession. I personally think that counselors deserve to be paid well for the work we do. I look forward to learning more, and balancing our ethical code in response to this change.