DAN MORALES 

ATTORNEY GENERAL 

QBffice of the !Zlttornep @enera 

&ate of Qexa$ 

February 8.1995 

Ms. Rebecca E. Forkner 

ExecutiveDirector 

Texas State Board ofExaminers 

of Psychologists 

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 license violates 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 biofeedback without 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 

language to the definitional provisions in section 2 of the act: 

The practice of psychology includes the 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 (emphasis added). 

You note, too, that the same 1993 legislation expanded 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, hypnosis for he&h care purposes, 

hypnotherapy, or biofeedback without a license violates the act.1 See V.T.C.S. art. 4512~ 

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

5 22 (exempting from 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 members of other licensed profbssions).~ 

Your second question is whether the board “is authoxized to 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 compensation and 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 opinion that section 24 

of the act clearly authorizes the board to take action to enjoin such violations, as well as 

other actions against violators authorized by law. 

~--~ 

ofintbalramstndon, S~~NORMANJ.SINOE&ZA- STATLHORY CONSTRUCTION 0 48.16 

(Sthd 1992). Asforthclcgidativchistolypmpeloftbaepnwisi~wefindnahingtha.cin~ 

alegislativeiatattthattbcyopctatcathrtbmtaswc coaskwtbcmhae. 

p. 1702 
Ms. Rebecca E. Forkna - Page 3 (L-M-32 1) 

SUMMARY 

A person who, for compensation, practices psychotherapy, 

hypnosis for health care purposes, hypnotherapy, or ‘biofeedback 

without a license under the Psychologists’ Certification and 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 actions against 

violators authorized by law. 

DAN MORALES 

Attorney General of Texas 

JORGE VEGA 

First Asristsnt Attorney General 

SARAH J. SHIRLEY 

Chair, Opiion Committee 

Prepared by Wtiam Walker 

Assistant Attorney Geniial 

p. 1703