Judges: GREG ABBOTT, Attorney General of Texas
Filed Date: 12/15/2011
Status: Precedential
Modified Date: 7/6/2016
Tim F. Branaman, Ph.D. Chair, Texas State Board of Examiners of Psychologists 333 Guadalupe, Suite 2-450 Austin, Texas 78701
Re: Whether the use of the term "Nationally Certified School Psychologist" by a Licensed Specialist in School Psychology is a violation of the Psychologists' Licensing Act (RQ-0947-GA)
Dear Dr. Branaman:
On behalf of the Texas State Board of Examiners of Psychologists (the "Board"), you ask whether a Licensed Specialist in School Psychology who uses the term "Nationally Certified School Psychologist" violates the Psychologists' Licensing Act (the "Act") because the term includes the word "psychologist,"1 which Texas law defines as being limited to persons holding a doctorate in that field. See
TEX. OCC. CODE ANN. §§
The Act, chapter 501 of the Occupations Code, governs the practice of psychology. Id. §§ 501.001 (short title), .251 (generally prohibiting an unlicensed person from engaging in or representing that the person is engaged in the practice of psychology). Seegenerally id. §§ 501.001-505 (West 2004 Supp. 2011) (chapter 501). The Act defines "psychologist" as "a person who holds a license to engage in the practice of psychology issued under Section 501.252," and section 501.252 requires a candidate for such a licensee to obtain a doctoral degree.Id. §§ 501.002(5), .252(b)(2) (West 2004). The Act defines a "Licensed Specialist in School Psychology" ("LSSP") as "a person who holds a license to engage in the practice of psychology under Section 501.260."Id. § 501.002(2). Section 501.260 requires the Board to establish, among other things, the graduate degree requirements that must be satisfied to obtain an LSSP license. Id. § 501.260(b). An LSSP license "constitutes the appropriate credential for a person who provides psychological services as required by Section
The National Association of School Psychologists bestows on persons who have met the association's educational and professional practice standards a "Nationally Certified School Psychologist" ("NCSP") credential.2 Texas Board rules for licensing a candidate as an LSSP provide that a currently valid NCSP certification satisfies the rule's training and internship requirements, and the rules require a candidate to "obtain at least the current cut-off [examination] score for the NCSP before applying for the licensed specialist in school psychology."
Section 501.002(5) defines the word "psychologist," but does not address its use by licensees. TEX. OCC. CODE ANN. §
The grounds for disciplinary action stated in section 501.401 include a licensee's violation of the chapter or a board rule, "fraud or deceit in connection with services provided as a psychologist," and representations that a person is licensed to engage in psychology when that is not the case. Id. § 501.401(1), (4)-(5). The statute does not specifically address a licensee's use of credentials.
The Board is authorized to restrict advertising and competitive bidding, limited to rules that "prohibit false, misleading, or deceptive practices" by a person regulated by the Board.Id. § 501.156(a). However, in light of the statutes' own use of the term "school psychologist" and the prominent role that NCSP credentialing plays in board requirements for licensing a person as an *Page 3
LSSP, a court would likely find that an LSSP's use of a valid NCSP credential is neither false nor inherently misleading or deceptive — provided the credentialed professional's practice is limited to the field authorized by law, school psychology. CfIbanez v. Fla. Dep `t of Bus. Prof I Regulation,
In sum, no provision of the Act prohibits an LSSP from truthfully using the NCSP certification as a professional descriptor. Consequently, a Board rule that allows such use would not, by virtue of that fact, violate the Act. *Page 4
Very truly yours, GREG VBBJOTT Attorney General of Texas
DANIEL T. HODGE First Assistant Attorney General
DAVID J. SCHENCK Deputy Attorney General for Legal Counsel
JASON BOATRIGHT Chair, Opinion Committee
William A. Hill Assistant Attorney General, Opinion Committee
Judith Abramson, Donald Airey v. Larry Gonzalez, as ... , 949 F.2d 1567 ( 1992 )
St. Martin Evangelical Lutheran Church v. South Dakota , 101 S. Ct. 2142 ( 1981 )
Peel v. Attorney Registration & Disciplinary Commission of ... , 110 S. Ct. 2281 ( 1990 )
Ibanez v. Florida Dept. of Business and Professional ... , 114 S. Ct. 2084 ( 1994 )