Addressing Dangerous Beliefs
The TX AG's recent Opinion (KP-0518) and BHEC's recent "Guidance on the Treatment of Gender Identity-Related Concerns" position clarification document have really stirred up a stink in the online groups of GAC therapists (The Toddlersphere) regarding their dangerous beliefs.
Addressing Dangerous Beliefs
Aside from illuminating their belief that they're all somehow legal experts, their out-of-control rage has exposed a number of group-think beliefs that are simply false. These beliefs and the sources they're listening to are going to cost them their licenses if not corrected so let's look at each of these fallacies in turn.
1. "Paxton's Opinions Can't Create New Law or Penalties!!"
Yeah, that's correct and that was never the issue here. He wasn't attempting to create anything new in the code. Clarification of existing code and existing definitions, then connecting those dots does not equate to "new law or penalties" simply because you've never read the law. It IS new understanding on your part, though.
The RFO and resulting Opinion was simply to clarify whether or not SB14 included licensed MH providers in the definition of "Healthcare Providers", nothing more. Paxton said, yes, based on 50 years of case law precedent and current code. In fact, your BHEC rulebook has called you, the licensee, a "healthcare provider" for longer than half of you have been alive. Go read your rulebook. Or for additional details read the Brief AMHP submitted to Paxton's office.
2. "BHEC Is Responsible For These New Laws"
Nope. The TX Legislature is the originator of these new laws (SB14 to be specific). BHEC is simply an Agency of the State government. Neither BHEC, it's Council, nor any of the four licensing boards had ANYTHING to do with the origin of the bills in question.
3. "The Boards Need to Make These Laws Go Away"
The BHEC boards have two mandates: issues licenses, and protect the public from you. They do that by IMPLEMENTING and ENFORCING the laws that the TX legislature passes. Your licensing board has no power or authority to choose to ignore the law of the land, or do away with it. They do what the State government tells them to do.
4. "It's Not Law Yet. Keep doing What You Think is Right!"
Those who have yet to read the bill (or Paxton's Opinion) and rely on bad intel from professional org's seem to think that none of this issue (SB14) is state law yet. Many are urging on their colleagues to "keep doing what they've been doing". They are dangerously wrong.
There is no waiting period for law that has been in effect for up to 2 years already. SB12 and SB14 were passed in each of the last two TX Lege sessions. The effective date of any bill is typically the last statement in the bill. Maybe read the bills you're commenting on?
5. "It Ain't Law 'Till BHEC Publishes It in the Rulebook"
Uhhh,...no. Saw a few commentors who seem to think that something does not become law until it appears in your rulebook. Wrong again. It's law now and the law applies to you whether or not the rulebook has been updated or not. See #4 above.
6. "ACA Code of Ethics Trumps State Law"
Again, nope. There seems to be a large pool of licensees who believe that the subjective and proprietary code of ethics offered by their favorite professional organization takes precedence over state law. It does not. Grad School implies this is the case and students are allowed to believe the lie because it's convenient for academia and profitable for ACA and the other groups (think membership).
State Law TRUMPS 3rd party codes of ethics. Your ACA Code of Ethics will not hold up in a court of law in TX and most of the other states. Bet your license on it and see what happens.
7. "I'm Safe. My Beliefs Override Law I Don't Agree With."
This is a dangerously vacuous state of child-like ignorance. Some social media commentors seem to think that they are not only above the current, active law but that nothing will happen to them if/when they get caught, or they can argue their way out of it. Again, they are very wrong (trend??). Break the law and get reported and one of two things, maybe both, will happen to you.
Either BHEC will handle the complaint and if found to be guilty you will likely lose your license (because you will have broken child abuse laws). Or, the AG's office is empowered to bring civil charges against you and if found guilty a jury will decide what happens to you.
Make no mistake, if found guilty of facilitating GAC process which equates to child abuse in Texas, BHEC is required to mete out the appropriate punishment for the conviction. They have no leeway, no wiggle-room. Say bye-bye to your license. FAFO.
Recommended Immediate Actions
We highly suggest that if you are a licensed mental health counselor in the State of TX that you:
a) follow the existing laws and immediately stop facilitating the GAC process for minors. This means any GAC treatment tactics you're utilizing. Failure to do so puts you at immediate risk of losing your license and/or worse at the hands of the AG's office.
b) stop getting your legal advice from uninformed colleagues on Facebook or chat groups who know less than you do. Consult an "administrative law attorney" if you require further clarification. (Yes, it costs money but it's cheaper than losing your license.)
c) take a good, long, hard look at the advice you're getting from your legacy professional organizations about not complying with TX law (BHEC warned you about this in their notice to all licensees today!!). Should you get in trouble with the State your professional org will not be there to defend you because they don't have a legal leg to stand on and they know it.
Start thinking for yourself.
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