Texas LPC (Licensed Professional Counselor) Jurisprudence Exam

Can a license be suspended temporarily without notice or a hearing?

1. Yes, if there is an immediate public welfare threat

2. No, a hearing must precede any suspension

3. Only with consent from the license holder

4. Yes, only if the violation is minor

The correct answer is: Yes, if there is an immediate public welfare threat

The correct answer is that a license can be suspended temporarily without notice or a hearing if there is an immediate public welfare threat. This provision is grounded in the principle that the safety and well-being of the public take precedence in situations where harm could occur. In cases where a licensee poses a significant risk to clients or the community, such an action is justified to prevent potential damage or danger until a formal hearing can be conducted to address the situation fully. The rationale for this process is rooted in the need for swift protective measures against any immediate risks, highlighting the priority of public safety. Temporary suspensions are a precautionary step to ensure that any ongoing harm can be halted rapidly while still allowing for due process later on through a full hearing. Other options, such as the requirement for a hearing to precede any suspension or needing consent from the license holder, do not align with the urgency that can accompany situations posing immediate public threats. Minor violations, while they still require due process, do not typically justify suspension without notice, as they don't usually present an immediate risk to public welfare.