Please select the category related to your question or concern:
Providing services into Texas while out-of-state
Virtual Practice and Mobility – Providing services into Texas while out-of-state
Yes. In Texas, licensure requirements are based on the client’s physical location. If a client is located within Texas at the time counseling services are delivered, the provider must hold a valid Texas license.
Yes. If your client is physically in Texas at the time of service, Texas law applies—even if the client’s permanent residence is in another state.
There are no temporary licenses or waivers for the practice of professional counseling or social work.
If you hold a psychology or marriage and family therapy license in another jurisdiction, you may be eligible for a temporary license. This license authorizes the delivery of services to Texas for up to 30 nonconsecutive days in a single year period. If you need authority to practice for more than 30 days, a full license must be obtained.
Temporary license holders should maintain records of all dates services were provided under the temporary license to ensure they do not exceed the authorized number of days.
Maybe. Your Texas license permits you to provide services remotely to clients who are physically located in Texas at the time of service. However, you must verify whether the state or country where you are physically located allows you to deliver services from within its jurisdiction to a client in Texas. Each jurisdiction has its own laws, regulations, and professional practice requirements.
Please note: BHEC cannot provide guidance regarding the laws, rules, or policies of other states or countries.
Texas does not have jurisdiction over federal grounds (including U.S. military bases and VA facilities). If the client is receiving services on federal property, you must follow federal rules. If the client is located off-base (on Texas ground), a Texas license (or temporary license, if applicable) is required.
In general, no. Texas requires a valid license to provide behavioral health services, even during a crisis or emergency. There are two potential exceptions. First, if the assistance you are providing is rendering aid that a lay person might render during an ongoing emergency, Texas will not consider that the practice of professional services. Second, if the Governor has declared a state emergency/disaster and included a temporary waiver of licensing requirements, you may be able to provide services under that order.
Providing services out of Texas while in-state
Virtual Practice and Mobility – Providing services out of Texas while in-state
Yes. Texas law only requires a Texas license when you are providing services to clients physically located in Texas. You must still comply with your "licensure" state’s rules regarding practice location and telehealth.
A Texas license only authorizes practice in Texas. If your client is outside Texas, you must comply with the laws and regulations of the state or country where the client is physically located.
Virtual therapy ethics and standards
Virtual Practice and Mobility – Virtual therapy ethics and standards
Licensees are expected to act as a reasonable person would. Ultimately, it is the licensee’s responsibility to ensure compliance with laws and regulations and to avoid unlicensed practice.
The answer will depend on the individual facts surrounding a given therapy session. If the added individual is located in Texas, and is not receiving the therapeutic services and is not in a client relationship with the provider, they may join a virtual session with a provider located in another jurisdiction without violating Texas law. However, each state has its own rules regarding who is considered a client. Best practice is to verify with the state or jurisdiction where the additional participant is located to ensure compliance before including them in a session.
Use secure, HIPAA-compliant platforms to protect client confidentiality. Public-facing apps (like social media video chat) are generally not appropriate for therapy sessions.
Use of Artificial Intelligence and other tools
Virtual Practice and Mobility – Use of Artificial Intelligence and other tools
While use of AI tools are not prohibited, all AI-generated content must still meet professional documentation standards, be reviewed by the provider, and be stored securely to protect client confidentiality.
No. AI tools should only be used as a supplement to clinical judgment, not as a replacement. The licensee is fully responsible for any assessment, diagnosis, or treatment plan, regardless of AI involvement.
Yes. You must ensure the tool complies with HIPAA and confidentiality requirements, and that no data is shared with third parties without client consent.
Still have unanswered questions?
Contact the council here.
