### 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' tobe rendered by holders of licenses from the State Board of Examiners of Psychologists construed tobe apractice of the healing art or any branch thereof?" Sections 2and 3of Senate Bill 667,Acts of the 61st Legislature, Regular Session, 1969, thebill towhich 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 forby this Act. "(b)Aperson represents himself to be a 'psychologist' within themeaning 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 orbehaviors coming within the purview



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

of the practice of psychology. "Sec. 3. Practice ofMedicine Not Authorized. Nothing in this Act shall be construed aspermittlng the practice ofmedrcine as defined bx the laws of this state.” (Emphasis added.) Article 4510,Vernon's Civil Statutes, defines the practice ofmedicine in these terms:

*Anyperson shall be regarded as practicing medicine within themeaning of this law: "(1)Who shall publicly profess tobe 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 ormethod, or to effect cures thereof; (2)orwho shall diagnose, treat or offer to treat any disease or disorder, mental orphysical or anyphysical deformity or injuryby any system ormethod 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 inview ofArticle 740, Penal Code of Texas, and Article 4504, Revised Civil Statutes of Texas as contained in this Act." Section 3of S.B. 667 specifically forbids thepractice ofmedicine andmust be read in conjunction with Section 2cdefining the term "psychological services" asmeaning "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 ofmedicine by Article 4510,Vernon's Civil Statutes. "Psychological services and practice of psychology" tobe rendered by holders of license from the State Board of Examiners of Psychologists would not be considered as thepractice of thehealing art or any branch thereof under the terms of S.B. 667. As the remaining three questions presented inyour opinion request are predicated upon an answer toyour 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 andpractice of psychology, asdefined by Senate Bill 667, Acts of the 61st Legislature, Regular Session, 1969, are not construed tobe apractice 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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