Article archive / November 1, 2012
Originally published: . Volume 4, No. 3. Source pages: 3.
The psychology board received an answer in October from the Office of the Attorney General (AG) regarding injunctions against behavior analysts who practice psychology.
In the October 11, Opinion, the AG wrote, “Specifically, you have asked our office for an opinion as to whether the LSBEP can enjoin behavioral analysts from practicing applied behavioral analysis,” wrote the AG.
Writing to the current psychology board Chair Dr. Lee Matthews, the AG noted, “…the LSBEP may seek an injunction against a party for violating Chapter 28, Psychologists, Title 37, of the Louisiana Revised Statutes.”
The AG explained that this is because the board is specifically granted the authority to apply for injunction to “enjoin an person from committing any act which is in violation of this Chapter,” such as the unauthorized practice of psychology, wrote the AG.
“Although the LSBEP has the authority to seek an injunction against a party for violating Chapter 28, it still must meet the injunction requirements of the court,” the author, Assistant Attorney General, Jessica Thornhill wrote, on behalf of James Caldwell, the AG.
The AG cited State Through Louisiana State Bd. of Examiners of Psychologists of Dept. of Health & Human Services v. Atterberry, saying that there is a prohibition against practicing psychology without a license in the state.
However, then the author continued, “The court has a great deal of discretion in determining whether to grant or deny an injunction. Id. You have asked whether the LSBEP may enjoin ‘behavioral analysts’ from practicing ‘applied behavioral analysis,’ however, these terms are not yet statutorily defined. Whether or not a court would grant such an injunction depends on whether the actions of the behavioral analyst fall under the definition of the practice of psychology as set out in La. R.S. 37:2352(5).”
“Thus, without statutorily defining these terms nor being provided with any specific actions, we cannot make a general conclusion as to the likelihood of an injunction being granted. Even if it were possible, such a determination is factual in nature and is beyond the purview of our office. Our office has a policy against making factual determinations as those should be left to the trier of fact.”
The AG wrote that another option is a criminal sanction, but noted that such a case would be at the discretion of the local district attorney.
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