The trial court found that section 82.038 of the Texas Government Code required the Board to find that the applicant presently suffers from chemical dependency before imposing a probationary license. The listing is not exhaustive. Call the Bennett Law Firm and schedule your free consultation. Unglaub, 979 S.W.2d at 846 (holding that the Board must establish a present chemical dependency to justify finding a continuing lack of fitness where past addictions are at issue). The relevant provisions include sections 82.028 and 82.038 of the Texas Government Code and Board Rule 16(a)(1). of a court of record. The Texas State Board of Examiners of Marriage and Family Therapists was created by the 72nd Legislature in 1991 and codified in Vernon’s Texas Civil Statutes, Article 4512c-1. See Tex. The Board did not present any evidence establishing a connection between Coulson's behavior and a likelihood that he might not discharge his duties as a lawyer. 1999; and March 13, 2000. November 1996, Hearings panel minutes, occasional hearing on moral character and fitness. May 1998, Executive Committee minutes, November-December 1996, Board meeting minutes, The Agency continues to perform its essential functions and is operational, but note that an operator may not be available to route your call and there may be a delay in responding to voicemails. There is a clear and rational connection between Applicant's possible chemical dependency, ․ and the likelihood that he might fail to discharge properly his duties to a client, a court, or the legal profession if he were recommended for a regular license to practice law at this time. Because the Board based its first conclusion of law and ultimately its denial of a regular law license on a possible chemical dependency, the Board failed to utilize the appropriate legal standard set forth in the Texas Government Code, which requires a finding of a present chemical dependency before a regular law license can be denied and a probationary license can be recommended. (512) 305-7700 Citizens Bank v. First State Bank, Hearne, 580 S.W.2d 344, 348 (Tex.1979);  Minton v. Frank, 545 S.W.2d 442, 445 (Tex.1976). Coulson also presented an independent evaluation by Dr. Busick, who concluded that Coulson did not presently suffer from a chemical dependency. The Board of Law Examiners of the State of Texas (the “Board”) appeals the trial court's reversal of a Board order that recommended the issuance of a probationary law license to Douglas M. Coulson. reports of the Executive Director, reports of the Director of Character and 9 Members - 6 Years Members are appointed by the Supreme Court . Fields marked with an “*” are required fields. April 1996, Hearings panel minutes, Governing Admission to the Bar of Texas, special requests, plus an either part of the Bar exam failed); review of the budget and other provide an estimate of dates covered, and to determine record types. The Board may recommend a regular law license if it finds good moral character and fitness. Copyright © 2020, State Bar of Texas. March 1998, Hearings panel minutes, Tex. responses of deans of The Executive Council of Physical Therapy and Occupational Therapy Examiners (ECPTOTE) is a State of Texas agency charged with protecting the health, safety, and welfare of the people of Texas by supporting the Board of PT Examiners and the Board of OT Examiners as they license and regulate qualified practitioners of physical therapy and occupational therapy. In making a fitness determination, the Board seeks to exclude from the practice of law any person having a mental or emotional illness or condition that would likely prevent the person from carrying out duties to clients, courts, or the profession. July 1998, Hearings panel minutes, Fitness, reports of the Director of Eligibility and Examination, litigation Begin typing to search, use arrow keys to navigate, use enter to select. The Board accomplishes this goal by establishing the qualifications for licensure and renewal, as well as the ethical standards for the practice of marriage and family therapy in Texas. April 1999, Hearings panel minutes, Additionally, in an effort to manage continuity of operations under this rotating schedule, callers may be directed to voicemail. of Dental Exam'rs v. Sizemore, 759 S.W.2d 114, 116 (Tex.1988)). § 82.038(a). Coulson, as required, disclosed to the Board his past history of alcohol and drug abuse. created its own board of law examiners. After the hearing, the Board issued its order containing two conclusions of law: 1. She expressed concerns about his continuing use of even small amounts of alcohol given his past problems and made several recommendations. February 1999, Board meeting minutes, The Board concluded that Coulson had a possible chemical dependency and denied Coulson a regular law license based on the connection between the possible chemical dependency and the … June 1999, Hearings panel minutes, The Texas Supreme Court maintains the exclusive authority to issue licenses to applicants seeking admission into the Texas Bar. October 1994, Hearings panel minutes, First, the Board found only a possible chemical dependency where the statute requires a present condition. None for the records in the holdings of the Texas State Archives TBLS certifies lawyers and paralegals that have substantial, relevant experience in select areas of law, completed continuing legal education hours in the specialty area, and passed a rigorous exam. 2. Chemical dependency is defined by the statute and by the Board Rule as “(A) the abuse of alcohol or a controlled substance;  (B) the pathological use of alcohol or a controlled substance that chronically impairs the applicant's ability to competently provide legal advice or services;  or (C) a physiological or physical dependence on alcohol or a controlled substance.”   Tex.R. Texas Behavioral Health Executive Council. on other matters, such as financial reports and investment reports (both of 1994-1999. Governing Bar Admission 16(a)(1) (emphasis added). conducted separately by a hearings panel composed of three members of the board assist active duty, former, and retired military personnel with receiving the credit they earned for military training and education; extend renewal dates for military personnel, veterans, and spouses; recognize substantially equivalent licensure from other jurisdictions; waive application and examination fees for military personnel, veterans, and spouses; and, Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Professional Counselors, Texas State Board of Examiners of Psychologists, Texas State Board of Social Worker Examiners, Report Fraud, Discrimination, and Corruption, Emergency Temporary License and Disaster Preparedness. SMITH and PURYEAR. July 1994, Hearings panel minutes, The Board erred in its application of the standards set forth in section 82.028(c) in two ways. reports, consideration of amendments to the Rules The Texas BON ceased accepting paper licensure applications on May 29, 2020. November 1998, Hearings panel minutes, Second, the Board concluded that the possible dependency is linked with the likelihood that Coulson might not properly discharge his duties as a lawyer. Supreme Court for appellate practice. Coulson appealed the Board's order to the trial court. In 1999, the 76th Legislature recodified the law as Texas Occupations Code, Chapter 502, which may be cited as the Licensed Marriage And Family Therapist Act. October 1996, Board meeting minutes, Gov't Code Ann. The Board's first conclusion of law in its order rests solely on the finding of a possible chemical dependency creating a likelihood that Coulson might fail in discharging his duties as an attorney. Id. HOME; RULEBOOK; APPLICATION FORMS; CHARACTER & FITNESS; BAR EXAM; FAQ; BOARD MINUTES; CONTACT US; FEEDBACK; Announcements October Examinees-Monitoring Files. to the Supreme Court for licensing. Gov't Code Ann. The Board's own evaluator, McKibben, indicated in her report that Coulson was not presently suffering from any chemical dependency. Coulson's post-treatment achievements, academic and personal, suggest as much. administrative items; and various other discussions (e.g. Further, the Board must show a clear and rational connection between chemical dependency and the likelihood that an Applicant will fail to properly discharge his or her duties as an attorney. and (c), the Board of Law Examiners is subject to Chapter 552, and Chapter in rotation (each member serving a turn). We ascertain that intent by looking initially at the language used in the statute. Facility registration for Occupational Therapy Facilities and Physical Therapy Facilities will no longer be required as of September 1, 2019 due to changes to the OT Practice Act and PT Practice Act that take effect that day. Coulson's employer also testified in an affidavit that Coulson did not exhibit any signs of chemical dependency. § 82.021 (West 1998). § 82.038 (West 1998). Governing Bar Admission 15(i);  see also Unglaub v. Board of Law Exam'rs, 979 S.W.2d 842, 845 (Tex.App.-Austin 1998, pet denied. § 82.028(c). 1. A probationary license can be issued in lieu of a regular license only if a present chemical dependency is found. oral or written analysis of the applicant's performance on the essay portion of This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 800-821-3205 24-hour, toll-free complaint system. Governor's Committee on People with Disabilities. March 1999, Board meeting minutes, It is the Board's duty to evaluate each applicant's present moral character and fitness before making a recommendation to the supreme court regarding licensing. The Board’s mission is to protect and promote the welfare of the people of Texas by ensuring that marriage and family therapy is provided by qualified and competent practitioners. The Texas Board of Nursing launches new online Texas Nurse Portal on June 15, 2020. In conducting a substantial evidence review, we must first determine whether the evidence as a whole is such that reasonable minds could have reached the conclusion the agency must have reached in order to take the disputed action. May-June 1997, Hearings panel minutes, Unglaub, 979 S.W.2d at 847. June 1998, Hearings panel minutes, Coulson testified that he had turned his life around after he went through treatment. Members are compensated by a sum set annually by the Accession numbers: 1998/044, 1999/111, 2000/129. The rule requires a present chemical dependency, not a possible dependency. She expressed concerns about Coulson drinking minor amounts of alcohol given his past addictions but stated that she would not consider Coulson unable to competently provide legal services or advice. The Texas Board of Legal Specialization (TBLS) was established in 1974 by the Supreme Court of Texas. of copies of minutes of meetings of the Texas Board of Law Examiners, 1983-1991 §§ 82.028, 82.038;  Tex.R. October 1999, Hearings panel minutes, The Board presented no evidence of a present chemical dependency. January-February 1995, Board meeting minutes, The Board consists of nine members appointed by the governor with the advice and consent of the senate. When leaving a voice message, you must provide your name, phone number and email address, so that staff can respond to your call. The board appoints an executive

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