Legislators should certify psychologists, not license them
The Sunset Commission will hear testimony today about whether Texas laws for licensing psychologists can be made to be constitutional. Given the first draft of the commission staff report, it seems more likely the Legislature will be led down the path of never-ending litigation in contravention of our basic American right to free speech. They should consider certification instead.
In January, the 5th U.S. Circuit Court of Appeals determined that the Texas psychologists’ licensing law violated the First Amendment because it allowed the state to forbid and punish anti-smoking and weight-loss counselors, life coaches and many others — just about anyone providing a service that was broadly about behavior. It was overly broad and thus unconstitutional.
Sadly, the Texas law was similar to those in most states, and to laws for counselors, marriage and family therapists, and others whose job is to talk, listen, and to give advice about the problems and joys of life, whether the advice is implicit or explicit.
Psychologists implicitly give advice when they dispense therapy. Why should the government decide who is allowed to dispense mental health advice? Does the government know what’s best for us in the arena of mental health? The answer is no.
Read more: http://www.mystatesman.com/news/news/opinion/serafine-legislators-should-certify-psychologists-/ntJyk/