Other Professional Licensees

Headed by a former hearings examiner and administrative law judge, FosterDanowsky is well-versed in the Administrative Procedures Act, which governs most legal issues related to professional licenses. FosterDanowsky has represented Licensed Professional Counselors, Psychologists, Occupational Therapists, Teachers, and other professional licensees in the State of Texas.

professional licensees texas attorney

Professional licenses require years of education and training, in addition to substantial expense. While licensure requirements are designed to protect consumers, wrongful accusations against licensees can actually hurt consumers by limiting competitive choices. Defending against alleged violations can also disrupt the lives and careers of the affected professional. Issues with administrative boards should not keep you from reaching your professional goals.

FosterDanowsky in Austin, Texas provides knowledgeable, responsive and diligent representation to professionals in front of agencies, such as the Texas State Board of Examiners of Psychologists and the Department of Health and Human Services, who face enforcement actions including suspension or denial of a professional license by an administrative agency.

Representative Cases

Advocated before Committee and Panel of Board regarding allegations of falsely claiming a doctorate degree, failure to respond to a Board investigation, and failure to comply with a prior Conditional Letter of Agreement. The original Board proposal was to revoke the license; however, FosterDanowsky representation and client testimonial resulted in the case being dismissed with only a requirement that the client complete the Board’s jurisprudence examination.

At issue were reports made by Psychologist in a child custody suit in Collin County. An administrative law judge had found that a psychologist’s report of suspected sexual abuse of two minor children was not a forensic opinion about child custody and parenting access but was instead the fulfillment of her legal and ethical obligation to express her concern for the safety of the children. The Psychologists’ Board deleted that finding in its final order. The Board added a conclusion holding that since the psychologist had not made a full forensic evaluation of the parents, her recommendation for continuation of a restraining order until the county court could hear the matter was a violation of the Board’s forensic services rule.

Mark Foster explained that the case has significance for both the Texas psychological and family law communities: “Texas law provides that if a professional suspects child abuse, that professional shall make a report. If the Board’s action had been sustained, health professionals would likely think twice about making their suspicions known. Certainly, that is not what Texans want. The Legislature last year enacted House Bill 1449 to provide that a professional who has only heard one side of a contested custody suit shall continue to refrain from making a full conservatorship recommendation but may state whether any information about a child’s placement with a party indicates concern for a child. Unfortunately, that clarifying law was not in effect at the time [of this case]. The court’s ruling together with House Bill 1449 should send a strong message that children’s safety is the most important consideration.”

Application for Texas license denied based on disciplinary actions against applicant’s previously-held out-of-state license. FosterDanowsky served as consultant prior to application submission, assisting with presentation of qualifications and merit, in addition to defense of past actions. Mark Foster represented applicant before the Board in an informal settlement conference, and continued to engage in settlement negotiations with the TSBEP thereafter. Ultimately, the client was granted a provisional license, conditioned on reasonable precedent conditions.

Advocated for counselor before Applications Committee’s open meetings to accept supervised internship hours that had been completed several years before applicant actually completed required examination. Case involved rule interpretation which was resolved in applicant’s favor with most hours accepted so that a workable path to licensure was obtained.

© 2022 FosterDanowsky, LLP | 904 West Ave., Ste. 107, Austin, TX 78701 | 512.708.8700 | site design by JS-Interactive.com