Untitled Texas Attorney General Opinion ( 1995 )

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DAN MORALES
ATTORNEY
GENERAL February 8.1995
Ms. Rebecca E. Forkner Opiion No. DM-321
ExecutiveDirector
Texas State Board ofExaminers Re: whether a person who practices
of Psychologists psychothempy, hypnosis for health care
9101 Bumet Road, Suite 212 purposes, hypnotherapy, or biofeedback
Austin, Texas 78758 without a license violates the Psychologists
Certi6cation and Licensing Act, V.T.C.S.
article 45 12c (RQ-686)
Dear Ms. Forkner:
You ask “[wlhether a person who practices psychotherapy, hypnosis for health
care purposes, hypnotherapy, or biofeedback without a license to practice psychology in
TexaS . . . violates the Psychologists’CertiScation and Licensing Act,” V.T.C.S. article
4512c (“the act”). You note that 1993 legislation speci6cally added the following
language to the definitionalprovisions in section 2 of the act:
The practice of psychology includes the use of projective techniques,
nemopsychological testing, counseling, career counseling, p-ha
tberqv, &pmis far bealtb core pupsee, Zypnoiherm, and
biofeedback and the evaluation and treatment by psychological
techniques and procedures of mental or emotional disorders and
disabiities.
Acts 1993,73d Leg., ch. 778,s 1 (emphasisadded).
You note, too, that the same 1993 legislation expanded the licemum requirement
in section 20 of the act by making it a violation of the act not only to ?epresent” oneself
as a psychologist without holding a license under the act but also to “engage in the
practice of psychology” without such license. Id. 5 19. Reading together the provisions
of sections 2 and 20, as amended, we conclude that, subject to the exceptions set out in
section 22 of the act, and the proviso in section 21 that the services be rendered “for
cmnpemation,” a person who practices psychotherapy, hypnosis for he&h care purposes,
hypnotherapy, or biofeedbackwithout a license violates the act.1 See V.T.C.S. art. 4512~
p. 1701
Ms.RebeccaE.Forkner - Page 2 (DM-321)
5 22 (exempting from the scope of the act inter ulia tices performed by employees at
governmental agencies and certain public educational institutions, services within the
scope and paformed by members of other licensed profbssions).~
Your second question is whether the board “is authoxized to t&e enforcement
action, including injunctive relies against [unlicensed practitionersI” of psychotherapy,
hypnosis for health care purposes, hypnotherapy, or biofeedback. Section 24 of the act
provides:
Theboardshallhavetherightto~eanactioninitsown
name to enjoin the violation of any provisions of this Act. Said
action fix injunction shall be in addition to any other action,
proc&ing or remedy authorized by law. The Board ahall be
represented by the Attorney Gened or the County or District
Attorneys of this state.
We conciudcd in response to your iirst question that the practice of psychotherapy,
hypnosis for health care purposes, hypnotherapy, or biofeedback by an unlicaued
practitioner, for compensation and not within any of the exceptions set out in the act, is a
violation of the act. In response to your second question, it is our opinion that section 24
of the act clearly authorizes the board to take action to enjoin such violations, as well as
other actions against violators authorized by law.
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p. 1702
Ms. Rebecca E. Forkna - Page 3 (L-M-321)
SUMMARY
A person who, for compensation, practices psychotherapy,
hypnosis for health care purposes, hypnotherapy, or ‘biofeedback
without a license under the Psychologists’Certificationand Licensing
Act, V.T.C.S. article 4512c, violates that act unless such practice
falls within one of the exceptions set out in the act. The act
authorizes the Texas State Board of Examiners of Psy&ologkts to
take action to enjoin such violations, as well as other actions against
violators authorized by law.
DAN MORALES
Attorney General of Texas
JORGE VEGA
First Asristsnt Attorney General
SARAH J. SHIRLEY
Chair, Opiion Committee
Prepared
byWtiamWalker
Assistant Attorney Geniial
p. 1703