Case Information
*1 QBffice of the !Zlttornep @enera
&ate of Qexa$ ATTORNEY GENERAL February 8.1995 Opiion No. DM-321
Ms. Rebecca E. Forkner ExecutiveDirector
Texas State Board ofExaminers Re: whether a person who practices psychothempy, hypnosis for health care
of Psychologists 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 definitional provisions 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 (emphasis added).
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 biofeedback without a license violates the act.1 See V.T.C.S. art. 4512~ *2 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. ~--~
ofintbalramstndon, S~~NORMANJ.SINOE&ZA- STATLHORY CONSTRUCTION 0 48.16 (Sthd 1992). Asforthclcgidativchistolypmpeloftbaepnwisi~wefindnahingtha.cin~ alegislativeiatattthattbcyopctatcathrtbmtaswc coaskwtbcmhae.
Ms. Rebecca E. Forkna - Page 3 (L-M-32 1)
SUMMARY A person who, for compensation, practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or ‘biofeedback without a license under the Psychologists’ Certification and 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.
Attorney General of Texas JORGE VEGA
First Asristsnt Attorney General
SARAH J. SHIRLEY
Chair, Opiion Committee
Prepared by Wtiam Walker
Assistant Attorney Geniial