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Texas Behavioral Health Executive Council votes to clear language on CE requirements after hours of public comment

2336775 · February 19, 2025
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Summary

After more than two hours of public comment urging retention of explicit cultural-competency language, the Texas Behavioral Health Executive Council voted to proceed with proposed changes that replace the phrase “cultural diversity or competency” in continuing-education rules across four member boards.

The Texas Behavioral Health Executive Council (BHEC) voted on Feb. 18 to move forward with proposed revisions to continuing-education rules that remove the explicit wording “cultural diversity or competency” and replace it with broader language allowing licensees to receive required hours tied to specific populations they serve.

The decision came after more than two hours of public comment from clinicians, students and professional associations who urged the council to retain explicit cultural-competency language. Dozens of speakers — including licensed clinicians and representatives of professional groups — told the council the change would weaken protections for clients from historically marginalized communities and reduce requirements that push clinicians to seek ongoing training.

Supporters of keeping the current wording argued the existing rule required just three hours out of 30 over two years for cultural-diversity-focused continuing education, a floor many said was already minimal. “The proposed changes compromise the efficacy and integrity of mental health care in Texas,” said Dr. Britney Hudson, a licensed professional counselor, who told the council a petition opposing the change had gathered more than 1,400 signatures. Melody Marin, a licensed clinical psychologist, said: “All Texans are entitled to effective health care,” and urged the council not to erase explicit language requiring continuing education about identity and culture.

Council staff and some board members defended the proposed wording as clarification rather than removal. Daryl Spinks, BHEC’s executive director, summarized staff intent in the meeting: “What we can instead say is that it is your responsibility for every client that you take on to be competent to serve that client.” Staff told the council the current language had been copied from an earlier psychology rule and later became the subject of differing interpretations; the change aims to make clear that licensees must pursue continuing education related to the populations they actually serve.

After public comment, the council voted first to propose the rule revisions together for the four member boards (psychology, licensed professional counselors, marriage-and-family therapists and social workers). Later in the meeting the council adopted a slate of rule adoptions tied to that review process; members indicated the changes would return to affected member boards for their next formal steps in the rulemaking adoption cycle.

Votes at a glance - Motion to propose revised continuing-education language across the four member boards (combined agenda items): approved (voice vote; chair: ayes have it). - Motion to adopt rule changes that had completed the proposal cycle (multiple member-board items): approved (voice vote; chair: ayes have it). - Other formal actions taken during the meeting (disciplinary ratifications and contested-case decisions) were also voted by the council; those separate orders were ratified as listed in the meeting packet.

Why it matters The change affects continuing-education language used by four licensing boards that together regulate tens of thousands of behavioral-health licensees in Texas. Public commenters said removing explicit references to “cultural diversity or competency” risks turning the requirement into a checklist and could reduce the number of trainings available to clinicians on topics such as race, disability, neurodiversity, sexual orientation, religion and age-related needs. The council and staff said their aim is to preserve a requirement that licensees be competent to serve the populations they actually see while clarifying regulatory language that some licensees reportedly misread.

What the council said it would do next Council staff said the items will return to member boards for adoption steps already contemplated in the rulemaking process. Staff also said they will continue outreach and education for licensees about the intent and practical effects of the changed language. The council did not add new, enforceable substantive content in the meeting; it voted to move forward with the revised wording and the formal, statutorily required rulemaking steps will continue.

Context Speakers at the meeting represented a wide cross-section of licensees and trainees: clinicians (LPCs, LCSWs, psychologists), students and professional associations including the National Association of Social Workers — Texas chapter. The debate arose after member boards proposed language intended to remove certain DEI-related wording following recent executive guidance and public controversy; the governor’s recent executive orders removing DEI initiatives were explicitly referenced by several speakers during the public-comment period.

The council’s adoption does not yet change licensees’ continuing-education requirements until each board completes its remaining rule-adoption steps. The council’s action keeps the requirement that licensees receive continuing education tied to populations they serve but changes how those populations can be defined in rule text.

Ending note Public commenters asked the council to preserve explicit language naming protected groups; the council said it heard those concerns and moved to adopt clarified language it and staff said will allow enforcement focused on the populations licensees actually treat. The rulemaking process will include additional published notices and opportunities for written comment as the member boards complete the remaining procedural steps.