Do you need a license to practice psychotherapy, hypnosis, or biofeedback in Texas?

Plain-English summary

The executive director of the Texas State Board of Examiners of Psychologists asked the Attorney General two questions about people who practice psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a psychology license. Could the board stop them, and were they breaking the law at all? Both answers favored the board.

On the first question, a 1993 amendment had changed two things in the Psychologists' Certification and Licensing Act (V.T.C.S. article 4512c). It rewrote the definition of "the practice of psychology" in section 2 to spell out that it includes projective techniques, neuropsychological testing, counseling, career counseling, psychotherapy, hypnosis for health care purposes, hypnotherapy, and biofeedback, along with the evaluation and treatment of mental or emotional disorders by psychological methods. And it broadened section 20 so that it became a violation not just to "represent" yourself as a psychologist without a license, but also to "engage in the practice of psychology" without one. Reading those two changes together, the office concluded that someone who practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a license violates the act. Two qualifiers attached: the act's exceptions in section 22 still applied (for instance, employees of government agencies and certain public educational institutions acting within their jobs, and members of other licensed professions working within their own scope), and section 21's proviso meant the bar reached only services rendered "for compensation."

On the second question, section 24 of the act expressly lets the board bring an action in its own name to enjoin any violation, in addition to any other remedy the law provides, and to be represented by the Attorney General or local prosecutors. So the office concluded the board could seek an injunction against unlicensed practitioners and pursue other authorized actions against them.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Psychologists' Certification and Licensing Act has since been recodified into the Texas Occupations Code, and its definitions, exceptions, and enforcement provisions have been amended (the treatment of hypnotherapy, biofeedback, and related practices in particular has shifted over time). Read this page for how the office read the 1993 amendments as they stood in 1995, and verify the current Occupations Code provisions before relying on whether a particular activity requires a psychology license today.

What the opinion meant for those who asked

For the State Board of Examiners of Psychologists: The opinion concluded that unlicensed practice of psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback for compensation violated the act, and that section 24 authorized the board to sue in its own name to enjoin such violations and pursue other authorized remedies.

For people offering these services without a psychology license: The opinion read the 1993 amendments to bring these activities within the licensed "practice of psychology," so practicing them for pay without a license (and outside the act's exceptions) was a violation.

For members of other licensed professions and public employees: The opinion pointed to section 22's exceptions, which kept the act from reaching, among others, government and certain public-education employees acting in their jobs and members of other licensed professions working within their own scope.

Common questions

Did you need a psychology license to practice psychotherapy, hypnotherapy, or biofeedback in Texas?
Under the 1995 reading of the act, yes, if you did it for compensation and were not covered by one of the act's exceptions. A 1993 amendment had written those activities into the definition of the practice of psychology.

What changed in 1993?
The legislature added psychotherapy, hypnosis for health care purposes, hypnotherapy, and biofeedback to the statutory definition of practicing psychology, and made it a violation to "engage in the practice of psychology" without a license, not just to represent yourself as a psychologist.

Were there exceptions?
Yes. Section 22 exempted certain practitioners, such as government and certain public-education employees acting in their jobs and members of other licensed professions working within their own scope, and the bar reached only services rendered for compensation.

Could the board sue to stop an unlicensed practitioner?
Yes. The office concluded section 24 authorized the board to bring an action in its own name to enjoin violations, in addition to other authorized remedies, represented by the Attorney General or county or district attorneys.

Background and statutory framework

The opinion turned on three pieces of the Psychologists' Certification and Licensing Act, V.T.C.S. article 4512c, as amended by Acts 1993, 73d Leg., ch. 778. Section 2's definition of "the practice of psychology" was amended to list psychotherapy, hypnosis for health care purposes, hypnotherapy, and biofeedback (among other techniques) as included within it. Section 20's licensure requirement was broadened from barring only unlicensed representation as a psychologist to also barring engaging in the practice of psychology without a license. Reading the two together, and subject to section 21's "for compensation" proviso and section 22's exceptions, the office found unlicensed practice of the listed activities to be a violation. On enforcement, section 24 gives the board the right to bring suit in its own name to enjoin a violation of any provision of the act, says that injunction action is in addition to any other authorized action or remedy, and provides that the board is represented by the Attorney General or the county or district attorneys. The office read that as clear authority for the board to seek injunctions and other authorized relief against unlicensed practitioners.

Citations

Statutory provisions discussed:

• V.T.C.S. art. 4512c (Psychologists' Certification and Licensing Act): § 2 (definition of "practice of psychology," as amended); § 20 (licensure requirement, as amended); § 21 ("for compensation" proviso); § 22 (exceptions); § 24 (board's injunction authority and representation)
• Acts 1993, 73d Leg., ch. 778 (1993 amendments adding the listed practices and broadening the licensure requirement)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/dan-morales/dm-0321
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1995/dm0321.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

Office of the Attorney General
State of Texas

DAN MORALES
ATTORNEY GENERAL

February 8, 1995

Ms. Rebecca E. Forkner
Executive Director
Texas State Board of Examiners of Psychologists
9101 Burnet Road, Suite 212
Austin, Texas 78758

Opinion No. DM-321

Re: whether a person who practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a license violates the Psychologists' Certification and Licensing Act, V.T.C.S. article 4512c (RQ-686)

Dear Ms. Forkner:

You ask "[w]hether a person who practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a license to practice psychology in Texas . . . violates the Psychologists' Certification and Licensing Act," V.T.C.S. article 4512c ("the act"). You note that 1993 legislation specifically added the following language to the definitional provisions in section 2 of the act:

The practice of psychology includes the use of projective techniques, neuropsychological testing, counseling, career counseling, psychotherapy, hypnosis for health care purposes, hypnotherapy, and biofeedback and the evaluation and treatment by psychological techniques and procedures of mental or emotional disorders and disabilities.

Acts 1993, 73d Leg., ch. 778, § 1 (emphasis added).

You note, too, that the same 1993 legislation expanded the licensure requirement in section 20 of the act by making it a violation of the act not only to "represent" oneself as a psychologist without holding a license under the act but also to "engage in the practice of psychology" without such license. Id. § 19. Reading together the provisions of sections 2 and 20, as amended, we conclude that, subject to the exceptions set out in section 22 of the act, and the proviso in section 21 that the services be rendered "for compensation," a person who practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a license violates the act.[1] See V.T.C.S. art. 4512c § 22 (exempting from the scope of the act inter alia practices performed by employees at governmental agencies and certain public educational institutions, services within the scope and performed by members of other licensed professions).

Your second question is whether the board "is authorized to take enforcement action, including injunctive relief, against [unlicensed practitioners]" of psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback. Section 24 of the act provides:

The board shall have the right to bring an action in its own name to enjoin the violation of any provisions of this Act. Said action for injunction shall be in addition to any other action, proceeding or remedy authorized by law. The Board shall be represented by the Attorney General or the County or District Attorneys of this state.

We concluded in response to your first question that the practice of psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback by an unlicensed practitioner, for compensation and not within any of the exceptions set out in the act, is a violation of the act. In response to your second question, it is our opinion that section 24 of the act clearly authorizes the board to take action to enjoin such violations, as well as other actions against violators authorized by law.

SUMMARY

A person who, for compensation, practices psychotherapy, hypnosis for health care purposes, hypnotherapy, or biofeedback without a license under the Psychologists' Certification and Licensing Act, V.T.C.S. article 4512c, violates that act unless such practice falls within one of the exceptions set out in the act. The act authorizes the Texas State Board of Examiners of Psychologists to take action to enjoin such violations, as well as other actions against violators authorized by law.

DAN MORALES
Attorney General of Texas

JORGE VEGA
First Assistant Attorney General

SARAH J. SHIRLEY
Chair, Opinion Committee

Prepared by William Walker
Assistant Attorney General

[1] (The footnote's opening clause is too degraded in the scan to transcribe reliably; see the linked PDF.) See Norman J. Singer, Sutherland Statutory Construction § 48.16 (5th ed. 1992). As for the legislative history purpose of these provisions, we find nothing therein indicating a legislative intent that they operate other than as we construe them here.