Hon. Carl F. Hereford, Chairman Opinion No. M- 1050 

Texas State Board of Examiners 

of Psychologists Re: Construction of Section 

P. 0. Box 5429 11(a) of Article 4512(c), 

Austin, Texas 78763 Vernon's Civil Statutes 

(the Psychologists' 

Certification and Licensing Act), as to when a 

Dear Dr. Hereford: person "receives" a degree. 

Your recent letter requesting the opinion of this 

office concerning the referenced matter states, in part, as 

follows: 

"I would like an interpretation of Section 

11(a) of the Psychologists' Certification and 

Licensing Act. The Board's problem concerns the 

word 'received' in determining when an applicant 

is eligible for examination. It has been the 

Board's practice to use the date the degree was 

actually conferred as indicated on the University 

transcript. . .' 

Section 11(a) of Article 4512c, Vernon's Civil Statutes, 

(the Psychologists' Certification and Licensing Act) provides as 

follows: 

"An applicant is qualified to take the 

examination for certification as a psychologist: 

" (a) if he has received the doctoral degree 

based upon a program of studies whose content 

was primarily psychological from an accredited 

educational institution or its substantial equivalent in both subject matter and extent of trainiw , and if he has had no less than two years of 

satisfactory supervised experience in rendering 

psychological services, one of which is subsequent 

to~the granting of the doctoral degree. . . ." 

(Emphasis added.) 

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Hon. Carl F. Hereford, page 2 (M-1050) 

Attached to your letter is an individual's transcript 

which indicates that he has completed all requirements for a Ph.D. 

degree from the University of Texas Southwestern Medical School, 

but that the degree will not be conferred until June, 1972. 

In essence, your question is whether such individual is 

qualified to take the examination for certification as a psychologist 

upon completing all the requirements for his degree or whether he 

must wait until such degree has actually been conferred~ before being 

eligible to take the examination. 

We note that your letter states that it has been your 

Board's practice, in giving examinations pursuant to Section 11(a), 

not to allow a person to take the examination for certification as 

psychologist until the requisite degree has actually been conferred 

on the applicant. 

Such construction of Section 11(a) by your Board is entitled to great weight, as 

"The courts will ordinarily adopt and uphold a construction placed on a statute by an 

executive officer or department charged with 

its administration, if the statute is ambiguous 

or uncertain, and if the construction so given 

it is reasonable. In other words, the judiciary 

will adhere to an executive or departmental construction of an ambiguous statute unless it is 

clearly erroneous or unsound, or unless it will 

result in serious hardship or injustice, though 

the court might otherwise have been inclined to 

place a different construction on the act. 53 

Tex.Jur.2d 259-60, Statutes, Sec. 177." 

See also, Armco Steel Corp. v. Texas Employment Com'n., 

386 S.W.2d 894 (Tex.Civ.App. 1965, error ref. n.r.e.); United States 

v. 525 Company, 342 ..~_. F.2d 759 (5th Cir. 1965); Attorney General's 

Opinion No. M-1029 (1971). 

We are of the opinion that the word "received", as used 

in Section 11(a) must be construed and defined as that word is 

commonly understood, that is, "to take possession or delivery of." 

See Webster's Third New International Dictionary (Rev.Ed. 1966) 

1894. 

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. . 

Hon. Carl F. Hereford, page 3 (M-1050) 

It is also apposite to note that the latter portion of 

Section 11(a), quoted supra, also refers to the "granting" of 

the doctoral degree. Construing this portion of Section 11(a) 

with that portion of the Section using the word "received", we 

believe the Legislature clearly manifested its intent that an applicant for the examination for certification as a psychologist 

must have actually received his doctoral degree before being 

legally allowed to take said examination, notwithstanding the 

fact that he has completed all the academic requirements for 

such degree but has not actually received same. 

In coming to the foregoing conclusion, we are also mindful of the fact that such conclusion is in consonance with the 

practice heretofore followed by your Board. 

In view of the foregoing, you are advised that an applicant 

for the examination set forth in Section 11(a) must have actually 

received, and had conferred upon him, the doctoral degree adverted 

to in that Section before being eligible to take such examination. 

SUMMARY 

Pursuant to Section 11(a) of Article 4512c, 

Vernon's Civil Statutes (the Psychologists' Certification and Licensing Act), an applicant for 

the examination for certification as a psychologist 

must have actually received, and had conferred upon 

him, the doctoral degree required by that Section, 

notwithstanding the fact that he has completed all 

the academic requirements for such degree but has 

not, at the time of his application, officially 

had same conferred upon him. 

Y,c$!s very jjruly , 

&;*Dg2& 

At, rney General of Texas 

Prepared by Austin C. Bray, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

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. . 

Hon. Carl F. Hereford, page 4 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Dan Green 

Scott Garrison 

Jim Swearingen 

Sig Aronson 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-1050) 

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