January 22. 1976
The Honorable Betty Cleland Opinion No. H-769
Executive Secretary
Texas State Board of Examiners Re: Whether a person
of Psychologists employed as a psychologist
108 West 15th Street by a hospital licensed by
Austin, Texas 78701 the Department of Mental
Health and Mental Retarda-
tion is exempt from the
licensing requirements of
the Psychologists Certifi-
cation and Licensing Act.
Dear Ms. Cleland:
You have requested our opinion regarding whether a
person employed as a psychologist by a hospital licensed by
the Texas Department of Mental Health and Mental Retardation
is exempt from the licensing requirements of the Psychologists
Certification and Licensing Act, article 4512c, V.T.C.S.
Section 22 of the Act~provides, in part:
Nothing in this Act shall be construed
to apply to: (a) the activities, services
and use of official title on the part of
a person employed as a psychologist by
any : (1) governmental agency, (2)
public school district, (3) institution
of higher education approved by the
Board or any hospital licensed by the
Texas State Department of Health . . . .
(Emphasis added).
The Texas Board of Health Resources, which is part of
the Texas Department of Health Resources (formerly the Texas
State Department of Health), article 4414a, V.T.C.S., is
granted licensing authority over "general" and "special"
hospitals under the terms of article 4437f, V.T.C.S.
p. 3246
The Honorable Betty Cleland - page 2 (H-769)
-r;~titem-nta; hcjpitala, however, are excepted from this
statute, and the licensing of any "person or political
subdivision" operating such a mental hospital is committed
by article 5547-88, V.T.C.S., to "the Department," by which
is meant the Department of Mental Health and Mental Retarda-
tion. V.T.C.S. art. 5547-4(a). Since there is nothing in
article 4512~ which would indicate that the exemption regarding
the State Department of Health is also applicable to the
Department of Mental Health and Mental Retardation, it is
our opinion that a person employed as a psychologist by a
hospital licensed by the Department of Mental Health and
Mental Retardation and not by the Texas Department of Health
Resources is not exempt from the licensing requirements of
the Psychologists Certification and Licensing Act.
SUMMARY
A person employed as a psychologist by a
hospital licensed by the Texas Department
of Mental Health and Mental Retardation
is not exempt from the licensing requirements
of the Psychologists Certification and
Licensing Act, article 4512c, V.T.C.S.
fiVery truly yours,
-
Attorney General of Texas
Opinion Committee
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p, 3247