Texas Attorney General Opinion: JC-321 Page: 4 of 9
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Ms. Sherry L. Lee - Page 4
Among the Board's duties is that of receiving and investigating complaints about a licensee's
conduct. The Board is required to regulate the investigation and disposition of complaints:
(a) The board shall adopt rules concerning the investigation of a
complaint filed with the board. The rules adopted under this
subsection must:
(1) distinguish between categories of complaints;
(2) ensure that a complaint is not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
(b) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of a
complaint that is under the control of the board not later than the 30th
day after the date the complaint is received by the board.
Id. 501.204(a), (b). The board may discipline a licensee who violates the Act or who commits
certain other acts. See id. 501.402, .451.
Section 501.004(a)(1) of the Act exempts from the Act's application the activity or service
of a person who is employed by an exempt facility to practice psychology if the activity or service
is among the employee's duties performed "within the confines of" the exempt facility:
(a) This chapter does not apply to:
(1) the activity or service of a person, or the use of an official title
by the person, who is employed as a psychologist or psychological(JC-0321)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-321, text, January 5, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274630/m1/4/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.