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) ofArticle 4512(c), Austin, Texas 78763 Vernon's Civil Statutes (thePsychologists' Certification and LicensingAct), as towhen a Dear Dr. Hereford: person "receives" adegree.

Your recent letter requesting the opinion of this office concerning the referenced matter states, inpart, as follows:
"Iwould like an interpretation of Section 11(a) of the Psychologists' Certification and Licensing Act. The Board's problem concerns the word 'received' indetermining when an applicant is eligible for examination. Ithas been the Board's practice to use the date the degree was actually conferred as indicated on theUniversity transcript.
. .' Section 11(a) ofArticle 4512c,Vernon's Civil Statutes, (thePsychologists' Certification and Licensing Act) provides as follows: "Anapplicant is qualified to take the examination for certification as apsychologist:
"(a) ifhe has received the doctoral degree based upon aprogram of studies whose content was primarily psychological from an accredited educational institution or its substantial equivalent inboth subjectmatter and extent of trainiw ,and ifhehas had no less than two years of satisfactory supervised experience inrendering psychological services, one ofwhich is subsequent to~the granting of the doctoral degree.
. . ." (Emphasis added.) -5131-Hon. Carl F. Hereford, page 2 (M-1050)

Attached toyour letter is an individual's transcript which indicates that he has completed all requirements for a Ph.D. degree from theUniversity of Texas Southwestern Medical School, but that the degree will not be conferred until June, 1972.

In essence, your question iswhether such individual is qualified to take the examination for certification as apsychologist upon completing all the requirements forhis degree orwhether he must wait until suchdegree has actually been conferred~before being eligible to take the examination.

We note that your letter states that ithas been your Board's practice, ingiving examinations pursuant to Section 11(a), not to allow aperson 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) byyour Board is entitled to great weight, as

"The courts will ordinarily adopt and uphold a construction placed on a statute by an executive officer ordepartment charged with its administration, if the statute isambiguous or uncertain, and if the construction sogiven it is reasonable. Inother words, the judiciary will adhere to an executive or departmental construction of an ambiguous statute unless it is clearly erroneous or unsound, or unless itwill result in serious hardship or injustice, though the court might otherwise have been inclined to place adifferent construction on the act. 53 Tex.Jur.2d 259-60, Statutes, Sec. 177." See also, Armco Steel Corp. Texas Employment Com'n., v. 386 S.W.2d 894 (Tex.Civ.App. 1965, error ref. n.r.e.); United States v. 525Company, 342F.2d 759 (5thCir. 1965); Attorney General's ..~_. Opinion No. M-1029 (1971).

We are of the opinion that theword "received", as used in Section 11(a)must be construed anddefined as thatword is commonly understood, that is, "totake possession ordelivery of." SeeWebster's Third New International Dictionary (Rev.Ed. 1966) 1894.

-5132-. .

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

It is also apposite tonote 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 thatportion of the Section using theword "received", we believe the Legislature clearly manifested its intent that an applicant for the examination for certification as apsychologist 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 suchdegree but has not actually received same.

In coming to the foregoing conclusion, we are alsomindfulof the fact that such conclusion is in consonance with the practice heretofore followed byyour Board.

Inview 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) ofArticle 4512c, Vernon's Civil Statutes (thePsychologists' Certification and Licensing Act), an applicant for the examination for certification as apsychologist must have actually received, and had conferred upon him, the doctoral degree required by that Section, notwithstanding the fact that hehas completed all the academic requirements for such degree but has not, at the time ofhis application, officially had same conferred upon him. Y,c$!svery jjruly , 

# &;*Dg2&

At, rney General of Texas Prepared byAustin C. Bray, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE

-5133-. .

Hon. Carl F. Hereford, page 4

Kerns Taylor, Chairman W. E.Allen, Co-Chairman Dan Green Scott Garrison Jim Swearingen SigAronson SAMMCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant NOLA WHITE First Assistant (M-1050)

-5134-