Untitled Texas Attorney General Opinion ( 1976 )

January 22. 1976 The Honorable Betty Cleland Opinion No. H-769 Executive Secretary Texas State Board of Examiners Re: Whether a person of Psychologists employed as a psychologist 108 West 15th Street by a hospital licensed by Austin, Texas 78701 the Department of Mental Health and Mental Retarda- tion is exempt from the licensing requirements of the Psychologists Certifi- cation and Licensing Act. Dear Ms. Cleland: You have requested our opinion regarding whether a person employed as a psychologist by a hospital licensed by the Texas Department of Mental Health and Mental Retardation is exempt from the licensing requirements of the Psychologists Certification and Licensing Act, article 4512c, V.T.C.S. Section 22 of the Act~provides, in part: Nothing in this Act shall be construed to apply to: (a) the activities, services and use of official title on the part of a person employed as a psychologist by any : (1) governmental agency, (2) public school district, (3) institution of higher education approved by the Board or any hospital licensed by the Texas State Department of Health . . . . (Emphasis added). The Texas Board of Health Resources, which is part of the Texas Department of Health Resources (formerly the Texas State Department of Health), article 4414a, V.T.C.S., is granted licensing authority over "general" and "special" hospitals under the terms of article 4437f, V.T.C.S. p. 3246 The Honorable Betty Cleland - page 2 (H-769) -r;~titem-nta; hcjpitala, however, are excepted from this statute, and the licensing of any "person or political subdivision" operating such a mental hospital is committed by article 5547-88, V.T.C.S., to "the Department," by which is meant the Department of Mental Health and Mental Retarda- tion. V.T.C.S. art. 5547-4(a). Since there is nothing in article 4512~ which would indicate that the exemption regarding the State Department of Health is also applicable to the Department of Mental Health and Mental Retardation, it is our opinion that a person employed as a psychologist by a hospital licensed by the Department of Mental Health and Mental Retardation and not by the Texas Department of Health Resources is not exempt from the licensing requirements of the Psychologists Certification and Licensing Act. SUMMARY A person employed as a psychologist by a hospital licensed by the Texas Department of Mental Health and Mental Retardation is not exempt from the licensing requirements of the Psychologists Certification and Licensing Act, article 4512c, V.T.C.S. fiVery truly yours, - Attorney General of Texas Opinion Committee jwb p, 3247