Originally published: . Volume 8, No. 8. Source pages: 5.
Texas Psychologists File Lawsuit Against the State Licensing Board
Carol Grothues, PhD and President of the Texas Psychological Association told members last week that the state association will pursue legal actions to try and stop the Texas State Board of Examiners of Psychologists from going forward with plans to allow Licensed Psychological Associates to practice independently.
According to Grothues the association has filed a temporary restraining order to stop progress on rule changes that have not been thoroughly studied for economic impact required for rule changes by the state. The proposed rule would eliminate the doctoral standard for the independent practice of psychology, according to Grothues.
Dr. Grothues told members that the proposed change was not based on any research indicating that the level of training a licensed associate receives, but rather was motivated by concerns about whether requiring supervision of LPAs violates anti- competitive laws.
She said that attorneys with the American Psychological Association have reviewed this case and said that the proposed rule change is not needed in order to deal with anti-trust concerns.
Texas has recently dealt with several challenges to its psychology practice act. In a January report, Texas Sunset Commission, recommended reforms including narrowing the definition of the practice of psychology and consolidating all the state’s boards dealing with behavioral health.
Additionally, Texas, like Louisiana, is working on legal fallout from the 2015 U.S. Supreme Court decision, North Carolina v. F.T.C. In the decision, the Supreme Court found that the North Carolina dental board violated antitrust laws when they sent 47 official cease-and-desist orders to non-dentists who were offering teeth- whitening services.
However, the threat to the psychology board may be postponed if a bill (SB20) that was filed last month in the Texas legislature and that would continue the Texas psychology board until 2019, passes.
Texas psychology is also dealing with another blow from Serafine v. Branaman, a January 2016 judgment of the United States District Court of Appeals for the Fifth Circuit. The Appeals judges found that the Texas psychology law, restricting the terms “psychological,” “psychologist,” or “psychology,” is unconstitutional as applied to political speech, and Serafine’s use of the word “psychologist” on her political campaign website.
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