Branaman, 112213 TXAGO, AGO GA-1025

• Case Date: November 22, 2013
• Court: Texas

Tim F. Branaman, Ph.D. AGO GA-1025 Opinion No. GA-1025 Texas Attorney General Opinions November 22, 2013          Tim F. Branaman, Ph.D.          Chair, Texas State Board of Examiners          of Psychologists          333 Guadalupe, Suite 2-450          Austin, Texas 78701          Re: Whether an individual licensed as a specialist in school psychology who is employed by a university in that capacity is exempt from the Psychologists' Licensing Act (RQ-1126-GA)          Dear Dr. Branaman:          You ask two questions on behalf of the State Board of Examiners of Psychologists (the "Board") about licensed specialists in school psychology and whether they may be exempt from the Psychologists' Licensing Act ("the Act") in specific circumstances.^[1]          The Act, Occupations Code chapter 501, governs the practice of psychology. Tex. Occ. Code Ann. §§ 501.001-505 (West 2012 & Supp. 2013). Within the Act, the Legislature has authorized the Board to issue four separate licenses: (1) psychologist; (2) provisional license holder; (3) psychological associate; and (4) licensed specialist in school psychology ("LSSP"). Id. §§ 501.252, .253, .259, .260 (West 2012). "A person may not engage in or represent that the person is engaged in the practice of psychology unless the person is licensed under [the Act] or exempt under Section 501.004." Id. § 501.251. Section 501.004 states in relevant part:

This chapter does not apply to . . . the activity or service of a person, or the use of an official title by the person, who is employed as a psychologist or psychological associate by a regionally accredited institution of higher education if the person performs duties the person is employed by the institution to perform within the confines of the institution ....

Id. § 501.004(a) (West Supp. 2013).^[2]          You ask whether a university must use the official title of psychologist or psychological associate when describing employees in order for those employees' activity and service to be exempt from the Act under section 501.004. Request Letter at 1. Section 501.004 exempts both "the activity or service of a person" and "use of an official title by the person" when employed as a psychologist or psychological associate by an entity subject to that provision. Tex. Occ. Code Ann. § 501.004(a)(1) (West Supp. 2013). Nothing in the language of the statute requires that an official title of "psychologist" or "psychological associate" be used in order for the...