Untitled Texas Attorney General Opinion

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) of Article 4512(c), Austin, Texas 78763 Vernon's Civil Statutes (the Psychologists' Certification and Licens- ing Act), as to when a Dear Dr. Hereford: person "receives" a degree. Your recent letter requesting the opinion of this office concerning the referenced matter states, in part, as follows: "I would like an interpretation of Section 11(a) of the Psychologists' Certification and Licensing Act. The Board's problem concerns the word 'received' in determining when an applicant is eligible for examination. It has been the Board's practice to use the date the degree was actually conferred as indicated on the University transcript. . .' Section 11(a) of Article 4512c, Vernon's Civil Statutes, (the Psychologists' Certification and Licensing Act) provides as follows: "An applicant is qualified to take the examination for certification as a psychologist: " (a) if he has received the doctoral degree based upon a program of studies whose content was primarily psychological from an accredited educational institution or its substantial equiv- alent in both subject matter and extent of train- iw , and if he has had no less than two years of satisfactory supervised experience in rendering psychological services, one of which is subsequent to~the granting of the doctoral degree. . . ." (Emphasis added.) -5131- Hon. Carl F. Hereford, page 2 (M-1050) Attached to your letter is an individual's transcript which indicates that he has completed all requirements for a Ph.D. degree from the University of Texas Southwestern Medical School, but that the degree will not be conferred until June, 1972. In essence, your question is whether such individual is qualified to take the examination for certification as a psychologist upon completing all the requirements for his degree or whether he must wait until such degree has actually been conferred~ before being eligible to take the examination. We note that your letter states that it has been your Board's practice, in giving examinations pursuant to Section 11(a), not to allow a person 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) by your Board is en- titled to great weight, as "The courts will ordinarily adopt and up- hold a construction placed on a statute by an executive officer or department charged with its administration, if the statute is ambiguous or uncertain, and if the construction so given it is reasonable. In other words, the judiciary will adhere to an executive or departmental cons- truction of an ambiguous statute unless it is clearly erroneous or unsound, or unless it will result in serious hardship or injustice, though the court might otherwise have been inclined to place a different construction on the act. 53 Tex.Jur.2d 259-60, Statutes, Sec. 177." See also, Armco Steel Corp. v. Texas Employment Com'n., 386 S.W.2d 894 (Tex.Civ.App. 1965, error ref. n.r.e.); United States v. 525 Company, 342 F.2d 759 (5th Cir. 1965); Attorney General's ..~_. Opinion No. M-1029 (1971). We are of the opinion that the word "received", as used in Section 11(a) must be construed and defined as that word is commonly understood, that is, "to take possession or delivery of." See Webster's Third New International Dictionary (Rev.Ed. 1966) 1894. -5132- . . Hon. Carl F. Hereford, page 3 (M-1050) It is also apposite to note 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 that portion of the Section using the word "received", we believe the Legislature clearly manifested its intent that an ap- plicant for the examination for certification as a psychologist 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 such degree but has not actually received same. In coming to the foregoing conclusion, we are also mind- ful of the fact that such conclusion is in consonance with the practice heretofore followed by your Board. In view 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) of Article 4512c, Vernon's Civil Statutes (the Psychologists' Cer- tification and Licensing Act), an applicant for the examination for certification as a psychologist must have actually received, and had conferred upon him, the doctoral degree required by that Section, notwithstanding the fact that he has completed all the academic requirements for such degree but has not, at the time of his application, officially had same conferred upon him. Y,c$!s very jjruly, &;*Dg2& At, rney General of Texas Prepared by Austin C. Bray, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE -5133- . . Hon. Carl F. Hereford, page 4 (M-1050) Kerns Taylor, Chairman W. E. Allen, Co-Chairman Dan Green Scott Garrison Jim Swearingen Sig Aronson SAM MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5134-