DAN MORALES

ATTORNEY GENERAL 

## QBffice

of the !Zlttornep @enera &ate of 

## Qexa$ February 8.1995 Ms. RebeccaE. Forkner ExecutiveDirector Texas State Board ofExaminers ofPsychologists 9101 Bumet Road, Suite 212 Austin,Texas 78758 Opiion No. DM-321 Re: whether a person who practices psychothempy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a licenseviolates the Psychologists Certi6cation and Licensing Act, V.T.C.S. article 45 12c (RQ-686) Dear Ms. Forkner: You ask “[wlhether a person who practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedbackwithout a license to practice psychology in TexaS

. . . violates the Psychologists’ CertiScation and Licensing Act,” V.T.C.S. article 4512c (“the act”). You note that 1993 legislation speci6cally added the following languageto the definitional provisionsin section2 of the act: The practice of psychology includesthe use of projective techniques, nemopsychological testing, counseling, career counseling,p-ha tberqv, &pmis far bealtb core pupsee, Zypnoiherm, and biofeedback and the evaluation and treatment by psychological techniques and procedures of mental or emotional disorders and disabiities. Acts 1993,73d Leg., ch. 778,s 1 (emphasisadded). You note, too, that the same 1993 legislationexpanded the licemum requirement in section 20 of the act by making it a violation of the act not only to ?epresent” oneself as a psychologist without holding a license under the act but also to “engage in the practice of psychology” without such license. Id. 5 19. Reading together the provisions of sections 2 and 20, as amended,we conclude that, subject to the exceptions set out in section 22 of the act, and the proviso in section 21 that the services be rendered “for cmnpemation,” a person who practices psychotherapy,hypnosisfor he&h care purposes, hypnotherapy, or biofeedbackwithout a licenseviolatesthe act.1 See V.T.C.S. art. 4512~

p. 1701Ms.RebeccaE.Forkner - Page 2 (DM-321)

5 22 (exemptingfrom the scope of the act inter ulia tices performed by employees at governmental agencies and certain public educational institutions, services within the scope and paformed by membersof other licensedprofbssions).~ Your second question is whether the board “is authoxizedto t&e enforcement action, including injunctive relies against [unlicensed practitionersI” of psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback. Section 24 of the act provides: Theboardshallhavetherightto~eanactioninitsown

name to enjoin the violation of any provisions of this Act. Said action fix injunction shall be in addition to any other action, proc&ing or remedy authorized by law. The Board ahall be represented by the Attorney Gened or the County or District Attorneys of this state. We conciudcd in response to your iirst question that the practice of psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback by an unlicaued practitioner, for compensationand not within any of the exceptions set out in the act, is a violation of the act. In response to your second question, it is our opinionthat section 24 of the act clearly authorizes the board to take action to enjoin such violations, as well as other actions againstviolators authorizedby law.

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0 48.16 (Sthd 1992).Asforthclcgidativchistolypmpeloftbaepnwisi~wefindnahingtha.cin~ alegislativeiatattthattbcyopctatcathrtbmtaswc coaskwtbcmhae.

p. 1702Ms. RebeccaE. Forkna - Page 3 (L-M-321)

SUMMARY A person who, for compensation, practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or ‘biofeedback without a licenseunder the Psychologists’Certificationand Licensing Act, V.T.C.S. article 4512c, violates that act unless such practice falls within one of the exceptions set out in the act. The act authorizes the Texas State Board of Examiners of Psy&ologkts to take action to enjoin such violations, as well as other actionsagainst violators authorizedby law.

DAN MORALES Attorney Generalof Texas JORGEVEGA First Asristsnt Attorney General SARAHJ. SHIRLEY Chair, Opiion Committee **Prepared**

**by Wtiam**  Walker AssistantAttorney Geniial

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