November 14, 1990 

Patricia S. Bizzell, U.P.A. 

Executive Director 

Opinion No. JM-1247 

Texas State Board of Examiners Re: Jurisdiction of the 

of Psychologists Texas State Board of Exam9101 Burnet Road, Suite 212 hers of Psychologists 

Austin, Texas 78750 over individuals who have 

voluntarily requested and 

been granted certification 

and licensure but whose 

employment makes them 

exempt (RQ-2077) 

Dear Ms. Bizzell: 

You ask about one of the exemptions from licensing and 

certification requirements under article 4512c, V.T.C.S., 

the Psychologists' Certification and Licensing Act. 

Section 20 of the act provides: 

After December 31, 1970, no person shall 

represent himself as a psychologist or 

psychological associate within the meaning of 

this Act unless he is certified and registered under the provisions of this Act. 

Section 21 provides for the licensure of persons vho offer 

psychological services for compensation. Section 22 provides that "[nlothing in this Act shall be COnStNed to 

apply ton 

(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, or (3) regionally accredited 

institution of higher eduction provided such 

employee is performing those duties for which 

he is employed by such agency, district, or 

instituion and within the confines of such 

agency, district, or institution insofar as 

P. 6645 
Hs. Patricia S. Bisrell, U.P.A. - Page 2 (~~-1247) 

such activities and services are a part of 

the duties of his office or position as a 

psychologist with such agency, district, or 

institution: except that persons employed as 

psychologists who offer or provide psychological services to ft$e .pubfr (other than 

lecture services) 

otherwise, over and above th: ~~?~$"th~: 

they receive for the performance of their 

regular duties, and/or persons employed as 

psychologists by organizations that sell 

psychological services to the public (other 

than lecture services) for a fee, monetary or 

otherwise must be licensed under the provisions of this Act. 

See alSQ V.T.C.S. art. 4512c, 5 22(b) (exception for students, interns, and residents in psychology), (c) (exception 

for services of other professionals, Christian Science 

practitioners, and other religious practitioners), (d) (certain marriage and family counselors): see) Attorney 

General Opinion H-930 (1977) (whether person contracting to 

provide psychological services to school district is within 

exemption). The Board of Examiners of Psychologists is 

prohibited from enacting rules that govern the "activities, 

services, or training" of a person who is exempt from the 

act's provisions under section 22. 

Because section 22 states that "[n]othing in this Act" 

shall apply to the persons described, you ask whether the 

Board of Examiners of Psychologists has "legal jurisdiction 

over" persons who fit the description set out in section 

22(a) but who have nonetheless obtained certification or 

licensure. 

If the phrase "(nlothing in this Act shall be construed 

to apply" is taken absolutely literally, persons described 

in the exemptions set out in section 22 would be ineligible 

for certification or licensure under article 4512~. We do 

not think, however, that the purpose of section 22 is to 

make certain individuals ineligible for certification and 

licensure. Rather, we think that the plain purpose of the 

exemption set out in section 22(a) is to allow persons to 

engage in certain types of employment without a certificate 

or license issued under article 4512~. If such persons do, 

however, seek licensure or certification, we think they 

submit to all of the act's provisions. Consequently, we 

think it is clear that a person who chooses to seek certification or licensure, even if he would be exempt under 

section 22 (a), would be subject to the board's rules 

p. 6646 
Ms. Patricia 8. Bizaell, M.P.A. - Page 3 (JR-1247) 

regarding that person's activities, services, or training to 

the extent that they are qualifications for certification or 

licensure. Once a person is certified or licensed, we think 

it is within the authority of the Board of Examiners of 

Psychologists to cancel, revoke, suspend, or refuse to renew 

that certification or license for any ,of the reasons the 

board may take such action in regard to certificates and 

licenses generally. m V.T.C.S. art. 4512c, IS 23, 24A. 

Similarly, we think any person who chooses to seek licensure 

or certification is subject to the fees imposed by section 

1bA of article 4512~. 

A person who is certified or licensed 

under article 4512~ is subject to the provisions of that act, even if that person holds 

employment that would exempt him or her from 

the licensing and certification requirements 

of the act. 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant Attorney General 

mu MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RENEA HICRS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

p. 6647