2001 Texas Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagtx0079 and id is 1 raw text is: OFFicE OF THE ATTORNEY GENERAL STATE OF TEXAS
JOHN CORNYN.
January 5, 2001
Ms. Sherry L. Lee                      Opinion No. JC-0321
Executive Director
Texas State Board of                   Re: Whether, under the Psychologists' Licensing Act,
Examiners of Psychologists            chapter 501 of the Occupations Code, the Board of
333 Guadalupe, Suite 2-450             Examiners of Psychologists may investigate the
Austin, Texas 78701                    activity or service of a person who is licensed by the
Board if the activity or service is performed within the
scope of the person's employment by an exempt
facility, and related questions; reconsidering Attorney
General Opinion JM-1247 (1990) (RQ-0213-JC)
Dear Ms. Lee:
The Psychologists' Licensing Act (the Act), chapter 501 ofthe Occupations Code, see TEX.
Occ. CoDE ANN.  501.001 (Vernon 2000), does not apply to the activity or service of a person[]
who is employed as a psychologist or psychological associate by a governmental agency or
regionally accredited institution of higher education if the activity or service is among the
duties the person is employed to perform within the confines of the agency or institution. Id.
 501.004(a)(1). Attorney General Opinion JM-1247 concludes that a person who is employed to
practice psychology for a governmental agency or regionally accredited institution of higher
education (together, an exempt facility), but who has chosen to obtain a license under the Act is
subject to the Act even with respect to duties the licensee is employed to perform and performs
within the confines of the employing exempt facility. See Tex. Att'y Gen. Op. No. JM-1247
(1990) at 3. You ask whether Attorney General Opinion JM-1247 correctly construes the Act to
permit the State Board of Examiners of Psychologists (the Board) to investigate misconduct by
a voluntarily licensed psychologist or psychological associate committed within the confines of
an exempt facility.' It does not. Section 501.004(a)(1) of the Act expressly exempts the activity or
service of a licensee who is employed at an exempt facility if the activity or service is within the
duties the person is employed by the exempt facility to perform within the confines of the agency
or institution. TEX. Occ. CODE ANN.  501.004(a)(1) (Vernon 2000). Thus, the Board has no
jurisdiction of duties a voluntarily licensed person is employed by an exempt facility to perform
within the confines of the exempt facility. See id. We further interpret the statutory phrase within
'Letter from Ms. Sherry L. Lee, Executive Director, Texas State Board of Examiners of Psychologists, to
Honorable John Comyn, Texas Attorney General (Mar. 30, 2000) (on file with Opinion Committee) [hereinafter
Request Letter].

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