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 individualswho 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' Certificationand LicensingAct.
Section 20 of the actprovides:

After December 31, 1970, no person shall represent himself as a psychologist or psychological associatewithin the meaning of thisAct 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 institutionof higher eduction provided such employee isperforming those duties forwhich he is employedby such agency, district, or instituion and within the confines of such agency, district, or institution insofar as

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

such activitiesand servicesare a part of the duties of his office or position as a psychologistwith such agency,district, or institution:except thatpersons employed as psychologistswho offer or provide psychological services to ft$e .pubfr (other than lecture services) otherwise, over and above th: ~~?~$"th~: they receive for theperformance of their regular duties, and/orpersons employed as psychologists by organizations that sell psychological servicesto the public (other than lecture services) for a fee,monetary or otherwisemust **be** licensedunder the provisions of thisAct.

See alSQ V.T.C.S. art. 4512c, 5 22(b) (exception for students, interns, and residents inpsychology), (c) (exception for services of other professionals, Christian Science practitioners, and other religiouspractitioners), (d) **(cer** tainmarriage and familycounselors):see) Attorney General Opinion H-930 (1977) (whetherperson contracting to provide psychological **services to**  school **district is**  within exemption). The Board of Examiners of Psychologists is prohibited from enacting rulesthat 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 personsdescribed, you ask whether the **Board** of Examiners of Psychologistshas "legal jurisdiction over" persons who fit the descriptionset out in section 22(a)but who have nonethelessobtained certification or licensure.

If the phrase "(nlothingin thisAct shall be construed to apply" is taken absolutely literally,persons described in the exemptions set out in section 22would 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 employmentwithout 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'sprovisions. Consequently, we think it is clear that a personwho chooses to seek certification or licensure, even ifhe would be exempt under section 22(a), would be subject to the board's rules

p. 6646Ms. 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 licensesgenerally. 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 imposedby 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
MARYKELLER FirstAssistantAttorney General

mu MCCREARY ExecutiveAssistantAttorney General

JUDGEZOLLIESTEAKLEY SpecialAssistantAttorney General

RENEA HICRS SpecialAssistantAttorney General

RICK GILPIN Chairman,Opinion Committee
Preparedby Sarah Woelk AssistantAttorney General

p. 6647