A Comparison of Texas Counselor Credentialing Regulations

The authors compared selected aspects of the American Counseling Association's (ACA) model legislation and corresponding legislation and regulations that govern the practice of professional counseling in Texas, highlighting important differences. Recommendations are provided for modifying licensure regulations to increase uniformity between ACA and Texas. Introduction State legislated licensure represents a "statutory form of endorsement involving an agency of government" (Brooks, 1986, p. 246). State licensure defines the scope of counseling practice, delineates a process for obtaining licensure, and protects the privilege of individuals deemed qualified to identify themselves as having a specific occupational title. State legislated licensure also leads to the creation of a counselor licensure board, which regulates the practice of counseling through the issuance of policies and procedures in order to ensure public welfare (Anderson & Swanson, 1994). Licensure has been deemed as essential for a field within mental health to be considered a profession (Feit & Lloyd, 1990). Insurance companies have generally looked at licensure as constituting the standard that conveys professional legitimacy, and it is generally necessary in order to collect third-party reimbursements (C. F. Gressard, personal communication, March 20, 1998). The effort to establish state licensure across the nation has been successful in a relatively short period of time. In 1976, Virginia became the first state to pass counselor licensure. Shortly thereafter, Texas joined the licensure movement, passing counseling licensure in 1981 (Texas Occupations Code, Chapter 503). As of 2001, there were 10,000 Licensed Professional Counselors in Texas, the second highest number nationally next to Alabama with 15,000. The only jurisdictions that had not ratified counseling licensure statutes were California, Hawaii, Minnesota, Nevada, and New York (Mental Health Profession Statistics, 2001). Lack of Conformity There is currently a lack of uniformity among the 45 states with licensure. State requirements vary, particularly with regard to education, supervision, and examinations. While all states require a master's degree, the minimum number of credits ranges from a low of 30 to a high of 60. Supervision requirements vary from one to four years. Some states use an objective examination while others have an oral or situational examination (Bradley, 1995). There are at least 16 different titles for licensed counselors, and virtually every state has a different definition of counseling (Smith & Robinson, 1995). The lack of standardization in the definition and regulations of professional counseling regulations poses some threats to the livelihood of counseling practitioners. It prevents establishment of a clear identity among the public regarding who counselors are, what they do, and as to their qualifications. The lack of a unified definition of counseling puts counselors at a disadvantage in competing with other mental health professions. For instance, the field of psychology has recently engaged in considerable effort to achieve uniformity within their profession. These efforts have resulted in the establishment of a Certificate of Professional Qualification in Psychology (CPQ). Currently, eight states and two Canadian provinces have entered into a reciprocal agreement in which they will accept the CPQ. Thus, practitioners may avoid taking further examinations, forwarding of transcripts, verification of supervision or fieldwork experience, etc. (Association of State and Provincial Psychology Boards, 2001). Finally, such lack of agreement reduces the mobility of counseling practitioners seeking to reestablish themselves in other states and results in considerable inconvenience. As one practitioner who relocated to Texas stated, "I found myself buried in paperwork and was forced to submit several forms to satisfy the Texas licensure board" (Schmitt, 1999, p. …