ETA’ GENERAL 

XA.S 

August 25, 1969 

I 

Honorable Henry B. Hardt, Ph.D. Opinion No. M-453 

President, State Board of Examiners 

in the Basic Sciences Re: Construction of S.B. 667, 

1012 State Office Building Acts of the 61st LegisAustin, Texas 78701 lature, R.S., 1969, relating to licensing of 

Dear Dr. Hardt: "psychologists". 

The first question posed by your request for the opinion 

of this office asks: 

" 1 . As set forth in S.B. No. 667, are the 

'psychological services' and 'practice of psychology' to be rendered by holders of licenses 

from the State Board of Examiners of Psychologists 

construed to be a practice of the healing art or 

any branch thereof?" 

Sections 2 and 3 of Senate Bill 667, Acts of the 61st 

Legislature, Regular Session, 1969, the bill to which your request 

refers, provide: 

"Sec. 2. Definitions. In this Act, unless 

the context otherwise requires: 

'(a) 'Board' means the Texas State Board of 

Examiners of Psychologists provided for by this 

Act. 

"(b) A person represents himself to be a 

'psychologist' within the meaning of this Act 

when he holds himself out to the public by any 

title or description of services incorporating the 

words 'psychological,' 'psychologists' or 'psychology,' or offers to render or renders services 

to individuals, corporations, or the public for 

compensation. 

"(c) The term 'psychological services,' 

means acts or behaviors coming within the purview 

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Hon. Henry B. Hardt, page 2 (M-453) 

of the practice of psychology. 

"Sec. 3. Practice of Medicine Not Authorized. 

Nothing in this Act shall be construed as permittlng the practice of medrcine as defined bx 

the laws of this state.” (Emphasis added.) 

Article 4510, Vernon's Civil Statutes, defines the 

practice of medicine in these terms: 

*Any person shall be regarded as practicing 

medicine within the meaning of this law: 

"(1) Who shall publicly profess to be a 

physician or surgeon and shall diagnose, treat, 

or offer to treat, any disease or disorder, mental 

or physical, or any physical deformity or injury, 

by any system or method, or to effect cures thereof; (2) or who shall diagnose, treat or offer to 

treat any disease or disorder, mental or physical 

or any physical deformity or injury by any system 

or method and to effect cures thereof and charge 

therefor, directly or indirectly, money or other 

compensation; provided, however, that the provisions of this Article shall be construed with and 

in view of Article 740, Penal Code of Texas, and 

Article 4504, Revised Civil Statutes of Texas as 

contained in this Act." 

Section 3 of S.B. 667 specifically forbids the practice 

of medicine and must be read in conjunction with Section 2c defining the term "psychological services" as meaning "acts of 

behavior coming within the purview of the practice of psychology" 

to thus exclude those services or treatments which are defined 

as the practice of medicine by Article 4510, Vernon's Civil 

Statutes. "Psychological services and practice of psychology" 

to be rendered by holders of license from the State Board of 

Examiners of Psychologists would not be considered as the practice 

of the healing art or any branch thereof under the terms of S.B. 

667. 

As the remaining three questions presented in your 

opinion request are predicated upon an answer to your first 

question contrary with the answer given, they become moot and 

will not be discussed herein. 

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Hon. Henry B. Hardt, page 3 (M-453) 

SUMMARY 

Psychological services and practice of psychology, as defined by Senate Bill 667, Acts of 

the 61st Legislature, Regular Session, 1969, are 

not construed to be a practice of the healing art 

or any branch thereof. 

General of Texas 

Prepared by Bill Corbusier 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice Chairman 

Brandon B. Bickett 

John Banks 

Milton Richardson 

Sally Phillips 

HAWTHORNE PHILLIPS 

Executive Assistant 

W. V. GEPPERT 

Staff Legal Assistant 

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