Question Submitted By Roberson, 101018 OKAG, 2018 OK AG 12

Docket Nº:2018 OK AG 12
Party Name:Question Submitted by: Chairman Shawn Roberson, Ph.D., Board of Examiners of Psychologists
Attorney:MIKE HUNTER ATTORNEY GENERAL OF OKLAHOMA AMANDA OTIS ASSISTANT ATTORNEY GENERAL
Case Date:October 10, 2018
Court:Oklahoma Attorney General Opinions
 
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2018 OK AG 12

Question Submitted by: Chairman Shawn Roberson, Ph.D., Board of Examiners of Psychologists

No. 2018 OK AG 12

Oklahoma Attorney General Opinions

October 10, 2018

MIKE HUNTER ATTORNEY GENERAL OF OKLAHOMA

AMANDA OTIS ASSISTANT ATTORNEY GENERAL

¶0 This office has received your request for an Official Attorney General Opinion in which you ask, in effect, the following question: Does Oklahoma law permit a mental health professional who is not a licensed psychologist to describe or title his or her evaluation of a patient's mental health as a "psychological evaluation"?

I.

BACKGROUND

¶1 The Psychologists Licensing Act (the "Act") states that "[n]o person shall represent himself or herself as a psychologist or engage in the practice of psychology unless the person is licensed pursuant to the provisions of the Psychologists Licensing Act." 59 O.S.Supp.2017, § 1353. The "practice of psychology" is defined as "the observation, description, evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods, and procedures[.]" 59 O.S.2011, § 1352 (3). The Act vests the State Board of Examiners of Psychologists (the "Board") with the "power and duty to... [r]egulate the practice of psychology in this state" and to "[e]xercise all incidental powers and duties which are necessary and proper to effectuate the provisions of the Psychologists Licensing Act." 59 O.S.Supp.2017, § 1352.1 (1), (10). The Board is also responsible for "[e]xamin[ing] and issu[ing] licenses pursuant to" the Act. Id. § 1352.1(2). 1

¶2 The Act explicitly exempts from its requirements certain other professionals that evaluate and treat mental health issues. For instance, Section 1353 of the Act provides, in relevant part, as follows: The provisions of the Psychologists Licensing Act shall not apply to... [q]ualified members of other professions, including, but not limited to, physicians, licensed social workers, licensed professional counselors, licensed marital and family therapists, or pastoral counselors, doing work of a psychological nature consistent with their training and consistent with the...

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